PDPO Circular OFSHK May 2022
Terms and Conditions
REPRESENTATIONS OF APPLICANT & GUARANTOR
The following agreement and declarations shall be read and agreed to JOINTLY by the applicant and, if applicable, the guarantor (whose details and/or personal data will be collected in the application process to follow). By clicking on “AGREE” below, the applicant and, if applicable, guarantor are jointly representing to ORIX Finance Services Hong Kong Limited, and hereinafter called “ORIX”) that (a) the following agreement and declarations are understood, agreed by and binding upon each of them; (b) information requested of applicant and, if applicable, guarantor below is inserted respectively by them personally; and (c) ORIX is to rely on their representations to process the application below.
PERSONAL DATA COLLECTION AGREEMENT AND CUSTOMER’S DECLARATION
I/We certify that the information provided in connection with this application is true, correct, up-to-date and complete. I/We authorise your company to contact all persons you consider necessary to verify the information provided and to disclose details concerning my/our loans, credit facilities that I/we may maintain with other banks, financial institution, credit card companies or credit card agents and my/our financial status. I/we understand that I/we may incur civil and/or criminal liability by making intentional or negligent misrepresentation(s) and/or providing fraudulent information in this application and/or omitting to provide relevant information. I/we shall notify your company of any change of facts or circumstances which may render any information provided in this application incorrect or untrue before the drawdown and, if I/we become aware of any such change after drawdown, I/we shall notify you of the same as soon as possible. I/we understand the non-disclosure of any change of facts or circumstances may amount to making intentional or negligent misrepresentation(s) and/or providing fraudulent information or omitting to provide relevant information as above-mentioned.
I/We agree that you reserve the right to decline this application without stating any reason therefor and further agree that this application form and the documents supplied to you in connection herewith shall remain your property whether any credit is granted to me/us or not. I/We further agree to reimburse your company in respect of any legal or any professional fees or charges incurred by your company in the course of processing this application irrespective of whether or not the credit is ultimately granted or drawn. I/We hereby consent to the payment of any fee (which may be a commission, brokerage, rebate or the like) to any person, company or organisation by your company (including, but not limited to, payment to any authorised employee of that person, company or organisation) in consideration of their introducing your company to me/us for the purposes of financing or refinancing the transaction whether it be lease, hire purchase, or otherwise for which I/we now make application. My/Our consent extends also to the acceptance of any fee mentioned above paid by your company toby any employee, person, company or organisation mentioned above.
I/We also consent to your company accepting any payments similar to those mentioned in the previous paragraph made to your company for your company’s own benefit by any insurance company, insurance broker, insurance agent or other party for arranging insurance with respect to the property for which financing or re-financing is applied for by me/us.
I/We agree and confirm that any letter or communication (including, but not limited to, any notice, demand or legal document) related to the financing applied for under this application (whether by your company or any other person) may be delivered by hand in person or by mail or sent by fax or e-mail to my/our address or fax number or e-mail address as provided herein, and such letter or communication (including, but not limited to, any notice, demand or legal document) shall be deemed to have been delivered to me/us (i) on the day of delivery, in the case of delivery by hand, (ii) on the second working day after being placed in the post, in the case of mail, or (iii) on the day the fax or email is received in legible form, in the case of a fax or email. I/We further undertake to notify your company immediately by written notice if there is any change to my/our address or fax number or e-mail address. Until any such notification is given, the address, fax number and e-mail address as provided herein shall be treated as still valid.
I/We and each of the individuals whose personal data are set out in this application acknowledge receipt of a copy of ORIX’s “Circular to Customers and Persons Acting as Guarantors and Mortgagors Relating to the Personal Data (Privacy) Ordinance” (the “Ordinance”) (“the Circular”) (and references to customer in such circular will be deemed also to include references to my/our directors, shareholders or security providers) and has/have carefully read, fully understand and accept the terms set out in the Circular. A copy of the Circular is provided as part of ORIX’s standard application procedure and can also be obtained from ORIX’s office at 25th Floor, Two Exchange Square, 8 Connaught Place, Central, Hong Kong or by calling 2862 9268 and requesting the said Circular.
I/We agree that any loan granted by your company pursuant to this application shall be subject to the terms and conditions loan agreement and other documents applicable to such a loan and any other terms and conditions stipulated by your company.
1. Voluntary Code of Practice for Person-to-Person Marketing Calls
ORIX Group ("ORIX") has adopted the Code of Practice on Person-to-Person Marketing Calls. This Code of Practice sets out the standards that authorized institutions should comply with when making person-to-person telephones while conducting marketing activities.
2. Security advice for customers
2.1 Bogus Pre-Recorded Message and Phone Calls
2.1.1 ORIX would like to remind its customers to stay vigilant to voice messages phone calls and e-mails purportedly from ORIX. Customers are advised to protect their personal information at all times.
2.1.2 Pre-Recorded Message Request - ORIX will not request customers to input their personal information or contact our staff through any pre-recorded voice messages. Customers are also reminded not to rely solely on the incoming call display, or email-address to identify the caller/sender.
2.1.3 Personal Information Request Through Phone Calls - ORIX will not through solicitation directly require customers to provide sensitive personal information through phone calls or emails. Customers should not disclose their personal information to any suspicious caller or third party.
2.1.4 Customers who are suspicious about the identities of the caller should request for the callers' contact number and name for verification and should not disclose their personal information during the process. If customers are concerned they may have disclosed their personal details to any suspicious third parties, or want to identify whether the caller is our bank staff, they should call us at (852) 2862-9268 or report to the Police.
3. Authenticate the Caller
ORIX may authorize or appoint any intermediaries to conduct telemarketing activities for promotion of products and services in which case the caller will be instructed to inform the customer from the outset of the call that the customer can call us at (852) 2862-9268 to verify whether the caller is an authorized/appointed representative of ORIX.
4. Unauthorized application or transaction
You should be careful that your personal information are not accidentally shared or disclosed. If you think your information is stolen or an unauthorized transaction has been conducted, you are responsible for informing us immediately.
Last revision date : 1 April 2022
ORIX ONLINE SECURITY
1. Beware of social engineering attack
Fraudsters contact their targets, usually via telephone, text or email (phishing), purporting to be individuals in positions of trust, such as representatives of utility companies, or even the police. Having gained their target's trust, they then request sensitive information or items (such as the online username and password) which allow them access to their target's online accounts.
2. Phishing email and fraudulent website
Please be aware of phishing emails and fraudulent websites that solicit personal information from you. Please avoid visiting ORIX's or BYON’s website through hyperlinks embedded in suspicious emails or third party websites. Phishing emails look like official email and try to trick you into visiting a fraudulent website and providing your personal data.
Customer should access ORIX or BYON website by typing our website address (listed below) into the browser or by bookmarking the genuine website for subsequent access.
BYON’s Website: https://byon.com.hk/
Online Consumer Loan: https://byon.com.hk/en/byonABLE
Customer can also verify authenticity of our websites by checking the website’s security certificate (e.g. check the locked padlock symbol at the upper left hand corner of the browser). These security certificates should be issued to https://byon.com.hk/ or https://byon.com.hk/en/byonABLE and is still within a valid date.
If you suspect you have received such an email that uses ORIX's name or BYON, please inform us immediately at firstname.lastname@example.org.
3. Install anti-virus software and firewall
Anti-virus software protects your privacy and personal data. Viruse / malware steals personal information, takes over your computer, display unwanted adverts and they can even use your computer to attack other people's computers. We recommend the installation of anti-virus software and firewall for protection.
4. Make sure you have the latest security updates and patches
Vulnerabilities and weaknesses are discovered in operating systems, programs and mobile apps every day. These weaknesses can be exploited by hackers to gain access to the computers. To prevent unauthorised access, you should install the latest security patches for protection.
5. Secure your mobile phone
Smartphone and online banking is becoming increasingly popular. You should apply the same security measures to your mobile phone as you would to your computer. You should:
(a) download apps from trusted sources only.
(b) keep your phone's Operating System up-to-date.
(c) limit the amount of personal information stored in your mobile phone.
(d) do not root or jail-break the device.
6. Keep your password secure
Please ensure that you use a password that is hard to guess and also change your password regularly.
You should not:
(a) write down the password and place it on anything nearby the computer you use to access the e-Statement portal;
(b) store your password on your computer/mobile device;
(c)use any easily accessible personal information as your password such as name, birthday, phone numbers, and etc.
7. E-Statement (if available)
•Please avoid opening or downloading your E-statement through a public or untrusted computer/mobile device.
•Please ensure that you will sign out from the E-statement portal, remove any temporary internet files and downloaded files from your browser after viewing the E-statement in order to protect the safety and privacy of your personal information.
•In the case that you need to save your E-statement file for later use, please ensure that you save it to a safe and secure location on a trusted computer/mobile device.
8. How to notify ORIX
We are committed to protecting our customers.
If you have any enquiries, please call our customer service hotline at 2862 9268 or email at email@example.com.
Last revision date : 1 April 2022
1. For General Information Only
The information contained on this website is for general information only and is provided on an "as is" basis without warranty of any kind and may be changed at any time without prior notice.
2. Disruption and Loss of Transmitted Information
ORIX does not represent or warrant that this website will be available, that access will not be interrupted, that there will be no delay, failures, errors or loss of transmitted information. In particular, no warranty regarding security, accuracy, fitness for a purpose or freedom from computer viruses or that no damage will occur to your computer system is given in connection with such information and materials. You must have adequate protection against computer viruses or other destructive causes.
ATo the extent permitted by applicable law, ORIX disclaims liability for any error, omissions or inaccuracies in the information and material provided on this website and for any loss or damages incidental or consequential, resulting from its use or inability to use by any party, or in connection with any error, interruption, delay in operation or incomplete transmission, line or system failure.
You hereby agree to indemnify and keep ORIX fully and effectively indemnified against any action, liability, cost, claim, lost, damage, proceeding or expense (including legal fees, costs and expenses in full indemnity basis) suffered or incurred by ORIX arising from or which is directly or indirectly related to your access or use of ORIX's or BYON’s website.
5. Email and Online Transmission
Email sent to ORIX over the internet or information, documents, materials or any other contents provided or uploaded through online application cannot be guaranteed to be completely secured. ORIX is not responsible for any (direct or indirect) loss or damages incurred by you arising from the transmission of messages, information, documents, materials or any other contents over the internet.
6. Obligations of Confidentiality
You agree that ORIX should not be under obligation of confidentiality to you regarding any such information or materials submitted to it using this website unless agreed otherwise in a separate direct contract or required by law.
7. Disclaimer on External Website Links
ORIX is not responsible for the contents available on any other websites linked to this website. Access to and use of such other websites is at the user's own risk and subject to any terms and conditions applicable to such access. By providing hyperlinks to other websites, ORIX shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the services/products they provide on their website.
This website may contain links to external sites for visitors’ convenience and facilitate visitors to gain access to a variety of information and services (“hyperlinks”). Please beware that ORIX has no control (whether editorial or otherwise) over any information that may be find at these locations, nor any privacy, copyright, cookie usage, or other user policies thereat . Please be aware that all the privacy and other protection provided on this website shall not cover or otherwise be applicable to these external links.
ORIX does not give any representation regarding the quality, safety, suitability or reliability of any external website or any of the content or materials contained on them. ORIX urges visitors to take adequate steps to safeguard against such things like viruses, worms and other potentially harmful malware.
The appearance of hyperlinks in this website does not constitute endorsement or approval by ORIX of any of the products, services, opinions of any corporation or organization or individual, or information contained therein. Unless there is an explicit and specific contractual commitment to the contrary, ORIX accepts no liability arising out of the use of such hyperlinks, including (a) misuse or misunderstanding of these hyperlinks and hypertext links and web site navigational methods; (b) third party interpretation of data or information which is distributed around the external websites and reached using hypertext and hyperlinks; and (c) third party understanding of or use of the navigational structure of these external websites or the interpretation of distributed information on them.
Despite our efforts to ensure the hyperlinks are consistent with the purpose of this website, they may contain information that is not necessarily complete, accurate, appropriate or up-to-date.
If visitors choose to provide information (including personal data) to these locations at hyperlinks (e.g. filling a Contact Us form with e-mail and/or postal addresses), they are strongly advised to verify the locations on their own before providing such information and not to provide any personally identifiable information (e.g. Hong Kong Identity Card Numbers or Passport Numbers). This is specifically the case when there are suspicions or doubts regarding the contents of these locations.
This disclaimer is not intended to contravene any requirements of any applicable laws or regulations, nor to exclude liability for matters which cannot not be excluded or disclaimed under that laws. ORIX may revise this “Disclaimer on External Website Links” at any time, without prior notice, by updating this website.
8. Hyperlinks to ORIX or BYON’s Website
You must always obtain our prior written approval before creating a hyperlink from an external website to this website. Any use or display of our or BYON’s logo, trade names and trademarks as a hyperlink will not be approved unless in very exceptional circumstances. We may or may not give such approval at our own discretion.
We are not responsible for any hyperlink from an external website to this website. Any hyperlinking does not constitute any form of cooperation with us nor endorsement by us of such external website. We will not be liable for any loss or damage incurred or suffered by you or any third party arising from any hyperlink to this website. We have the right at our discretion and at any time to require the removal of any hyperlink to this website.
9. Governing Law
ORIX maintains this website from Hong Kong Special Administrative Region. No representation that the material and information contained herein is appropriate for use in other jurisdictions. These terms and conditions are governed by the laws of Hong Kong. Any dispute shall be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
10. Intellectual Property Rights
All materials on this website are protected by copyright and none of which may be modified, reproduced, transmitted and distributed without our prior written consent.
11. English as Prevailing Version
WEBSITE PRIVACY STATEMENT
In case of discrepancies between the English and Chinese versions, the English version shall apply and prevail.
1. When does this privacy statement apply?
This statement explains the approach taken by ORIX Group ("ORIX") toward the personal data that we collect about you when you visit this website, or when you send us communications via any electronic devices. This statement is limited to information and data collected on this website only.
2. You consent to our use of your information and cookies
3. What information do we collect about you?
Cookies are small data files which are placed on your device when you visit our website. Cookies are used to identify your device for the following purposes:-
3.1.1 carry information between pages of our website to avoid having to re-enter that information;
3.1.2 personalize our content for you and remember your preferences;
3.1.3 store your preferences so you do not have to re-enter that information when you return to the website;
3.1.4 tracking your visits to our website and recognizing your web browser when you are a repeat visitor so that we can gather statistics to evaluate site effectiveness. Most web browsers are set up to accept cookies. You can choose to 'not accept' cookies but if you block all cookies, certain features on our website may not function properly.
3.2 Online enquiries and applications
When you submit an online enquiry or apply for a particular product or service online, please read any applicable Terms and Conditions for these products and services as well as our Circular to Customers and Person Acting as Guarantors and Mortgagors Relating to the Personal Data (Privacy) Ordinance.
3.3 Electronic communications
If you contact us via email, we may keep a record of that correspondence.
4. How we use your information
We will use good practices to keep it secure and will otherwise abide by the relevant data protection and privacy laws.
4.1 Using your information
If you provide your information on the website in relation to any products and services or send us an electronic communication, we will use your information for the purposes ("Purposes") of providing and operating the product or service you request or responding to your electronic communication and for other related purposes that may include:
4.1 processing your application for the establishment of products and services;
4.1.2 operating, maintaining and providing financial services to you;
4.1.3 conducting credit checks;
4.1.4 creating and maintaining our credit scoring models;
4.1.5 maintaining your credit history for present and future reference;
4.1.6 assisting other financial institutions to conduct credit checks and collect debts;
4.1.7 monitoring your ongoing credit worthiness;
4.1.8 designing financial services or related products for your use;
4.1.9 marketing services, products and other subjects as set out in more detail under our Circular to Customers and Person Acting as Guarantors and Mortgagors Relating to the Personal Data (Privacy) Ordinance;
4.1.10 determining the amount of indebtedness owed to or by you;
4.1.11 meeting or complying with any obligations, requirements or arrangements for disclosing and using data that apply to us or that it is expected to comply according to:-
a)any law or regulation binding on or applying to it within or outside the Hong Kong Special Administrative Region ("Hong Kong") existing currently and in the future (e.g. the Inland Revenue Ordinance and its provisions including those concerning automatic exchange of financial account information or the Foreign Account Tax Compliance Act (FATCA) of the United States);
b)any guidelines or guidance given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers within or outside Hong Kong existing currently and in the future (e.g. guidelines or guidance given or issued by the Inland Revenue Department including those concerning automatic exchange of financial account information or any guideline or guidance concerning the Foreign Account Tax Compliance Act (FATCA) of the United States);
c)any present or future contractual or other commitment with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers that is assumed by or imposed on ORIX by reason of its financial, commercial, business or other interests or activities;
d)meeting or complying with any obligations, requirements, policies, procedures, measures or arrangements for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities; and
e)any other purposes relating to the purposes listed above.
4.2 Retaining your information
We will retain your information for as long as the purpose for which we collected it continues. It will then be destroyed unless further retention is required to satisfy a legal, regulatory or accounting requirement or to protect our interests.
5. Privacy, security and communications using the Internet
5.1 The Internet is not a secure form of communication and sending and receiving information over the Internet carries with it risks including the risk of access and interference by unauthorised third parties.
5.2 We do not accept responsibility or liability for the confidentiality, security or integrity of your Information in connection with its transmission over the Internet.
5.3 In order to maintain the security of our systems, protect our staff, to prevent and detect crime or unauthorised activities, we reserve the right to monitor all Internet communications including web and email traffic into and out of our domains.
6. Accessing and updating your information and contacting us
If you have questions about our Website Privacy Statement please write to us at:
The Data Protection Officer
ORIX Finance Services Hong KongAsia Limited
25th Floor, Two Exchange Square,
8 Connaught Place, Central, Hong Kong
Telephone : 2862 9268
Fax: 2527 9688
7. Website privacy statement update
This website privacy statement will be updated from time to time. Please check this website for the most recent version.
Last revision date : 1 April 2022
THE MONEY LENDERS ORDINANCE
The provisions of the Money Lenders Ordinance summarized below are important for the protection of all the parties to a Loan Agreement, and should be read carefully. The summary is not part of the law, and reference should be made to the provisions of the Ordinance itself in case of doubt.
Summary of Part III of the Ordinance-Money Lenders transactions.
Section 18 sets out the requirements relating to Loans made by a money Lender. Every Agreement for a Loan must be put into writing and signed by the Borrower within 7 days of making the Agreement and before the money in lent. A copy of the signed note of the Agreement must be given to the Borrower, with a copy of this summary, at the time of singing. The signed note of the Agreement must be given to the Borrower, with a copy of this summary, at the time of signing. The signed note must contain full details of the Loan, including the terms of repayment, the form of security and the rate of Interest. An Agreement which does not comply with the requirements will be unenforceable, except where a court is satisfied that it would be unjust not to enforce it.
Section 19 provides that a money Lender must, if requested in writing and on payment of the prescribed fee for expenses, give the original and a copy of a written statement of a Borrower’s current position under a Loan Agreement, including how much has been paid, how much is due or will be due, and the rate of Interest. The Borrower must endorse on the copy of the statement words to the effect that he has received the original of the written statement and return the copy as so endorsed to the money Lender. The money Lender must retain the copy of the statement so returned during the continuance of the Agreement to which that statement relates. If the money Lender does not do so he commits an offence. The money Lender must also, upon a request in writing, supply a copy of any document relating to the Loan or security. But a request cannot be made more than once per month. Interest is not payable for so long as the money Lender, without good reason, fails to comply with any request mentioned in this paragraph.
Section 20 provides that the surety, unless he is also the Borrower, must within 7 days of making the Agreement be given a copy of the signed note of the Agreement, a copy of the security instrument (if any) and a statement with details of the total amount payable. The money Lender must also give the surety, upon request in writing at any time (but not more than once per month) a signed statement showing details of the total sum paid and remaining to be paid. The security is not enforceable for so long as the money Lender, without good reason, fails to comply.
Section 21 provides that a Borrower may at any time, on given written notice, repay a Loan together with Interest to the date of repayment, and no higher rate of Interest may be charged for early repayment.
This provision, however, will not apply where the money Lender is recognized, or is a member of an association recognized, by the Financial Secretary by notice in the Gazette in force under section 33A(4) of the Ordinance.
Section 22 states that a Loan Agreement is illegal if it provides for the payment of compound Interest, or provides that a Loan may not be repaid by installments. A Loan Agreement is also illegal if it charges a higher rate of Interest on amounts due but not paid, although it may provide for charging simply Interest on that part of the principal and Interest outstanding at a rate not exceeding the rate payable apart from any default. The illegal Agreement may, however, be declared legal in whole or in part by a court if the court is satisfied that it would be unjust if the Agreement were illegal because it did not comply with this section.
Section 23 declares that a Loan Agreement a money Lender and any security given for the Loan will not be enforceable if the money Lender was unlicensed at the time of making the Agreement or taking the security. The Loan Agreement or security may, however, be declared enforceable in whole or in party by a court if the court is satisfied that it would be unjust if the Agreement of security were unenforceable by virtue of this section.
Summary of Part IV of the Ordinance-Excessive Interest rate.
Section 24 fixes the maximum effective rate of Interest on any Loan at 60% annum (the “effective rate” is to be calculated in accordance with the Second Schedule to the Ordinance.) A Loan Agreement providing for a higher effective rate will be unenforceable and the Lender will be liable to prosecution. This maximum rate may be changed by the Legislative Council but not so as to affect existing Agreements. The section does not apply to any Loan made to a company which has a paid up share capital of not less than HKD1,000,000.00 or in respect of any such Loan, to any person who makes that Loan.
Section 25 provides that where court proceedings are taken to enforce a Loan Agreement or security for a Loan or where a Borrower or surety himself applied to a court for relief, the court may look at the terms of the Agreement to see whether the terms are grossly unfair or exorbitant (an effective rate of Interest exceeding 48% per annum or such other rate as is fixed by the Legislative Council, may be presumed, on that ground alone, to be exorbitant), and taking into account all the circumstances, it may alter the terms of the Agreement in such a manner as to be fair to all parties. The section does not apply to any Loan made to a company which has a paid up share capital of not less than HKD1,000,000.00 or, in respect of any such Loan, to any person who makes that Loan (Enacted 1988)