Terms and Conditions for Credit Card Services

Major Terms and Conditions of Credit Card Cardholder Agreement

Major Terms and Conditions of Credit Card Cardholder Agreement

The Agreement applies to Premier MasterCard, Advance Visa Platinum, Visa Signature, Visa Platinum, Visa Gold, US$ Visa Gold, Gold MasterCard, Visa Classic and Classic MasterCard credit cards issued by us.

Your significant liabilities and obligations under the Agreement are summarised below for your particular attention. You should read the full version of the Agreement (which will prevail in the event there is any inconsistency with the following). By using (which includes activating) your card, you will be considered to have accepted the Agreement and will be bound by it. The terms used in this document are defined at the end.

You should not transfer your card or PIN or allow any other person to use your card or PIN. You should sign your card as soon as you receive it.
Except as referred to in paragraph (s) below, you are responsible for the card account and all card transactions (including all related fees and charges). You are responsible even if:
(i) you do not sign a sales slip (including where a card transaction may be effected by telephone, mail, electronic means or direct debit arrangement without a sales slip or without your signature);
(ii) the card transaction is effected involuntarily; or
(iii) you have any dispute with any merchant involved in a card transaction.
You are required to comply with the credit limit on your card. We may reject card transactions in excess of the credit limit. However, we also have discretion to allow such card transactions without notice to you, unless we have received and processed your request to opt out from our over-the-limit facilities. Even if we accept your opt-out request, certain card transactions in excess of the credit limit may still be allowed, including any card transaction which is not immediately processed by us or does not require our authorisation for effecting payment.
If you do not pay the statement balance of your card in full on or before the payment due date, we may charge, without prior notice, a finance charge even if you have paid the minimum payment due in full. If you do not pay the minimum payment due in full on or before the payment due date, we may charge, without prior notice, a late charge in addition to the finance charge. We may vary the fees and charges from time to time. Our "Bank tariff guide for HSBC Retail Banking and Wealth Management Customers" has details of various fees and charges including the applicable rates or amounts. That guide is available at our website or upon request at any of our branches in Hong Kong.
You should notify promptly our Card Centre of any transaction shown in any card statement that was not authorised by you. You should notify us within 60 days of the date of the statement and in such manner as we may accept from time to time. If you do not notify us within the specified period, the transactions shown on the statement will be considered as correct, conclusive and binding on you and you will be deemed to have waived any right to raise any objection or pursue any remedies against us in relation to such transactions.
If you are required by any applicable law or regulations to deduct or withhold an amount from any sum payable to us under the Agreement, you are solely responsible to pay the amount deducted or withheld to the relevant authority within the applicable time limit. You will indemnify us for all consequences if you fail to make such payment. You should also ensure that we will receive the amount payable to us in full as if no such deduction or withholding had been made.
If you are the primary cardholder, you will be liable for the use of your primary card as well as the use of each additional card. We have full discretion in recovering indebtedness (including all fees and charges) incurred by an additional cardholder from the primary cardholder or that additional cardholder or both. If you are an additional cardholder, you will not be liable for the use of any additional card issued to another additional cardholder or the use of the primary card.
We are entitled to combine or consolidate the outstanding balance on your card account with the balance on any other account which you maintain with us without prior notice. If you are the primary cardholder, our right will extend to the outstanding balance on the card account of any additional cardholder. We are entitled to set off or transfer any money standing to the credit of any other account which you maintain with us in or towards settlement of your liability to us under the Agreement
We may terminate your card (whether the primary card or an additional card) at any time without giving you prior notice or any reason. You may terminate your card at any time. If you wish to terminate your card, you have to give us written notice and return to us your card and all additional cards, if any.
Upon the termination of your card for any reason or upon your bankruptcy or death, the following amounts will become immediately due and payable in full to us:
(i) the outstanding balance on your card account; and
(ii) the amount of any card transactions effected but not yet charged to your card account.
If you fail to pay any amount to us when due or if you breach any terms or conditions of the Agreement, we may enforce our rights or pursue remedies to collect or recover any outstanding amount. We are entitled to employ agents or service providers for such purposes. You are required to indemnify and reimburse us for all reasonable amounts of costs (including legal fees) and expenses reasonably incurred by us in collecting or recovering any outstanding amount.
Except as set out in paragraph (m) below, you will indemnify and reimburse (i) us, (ii) our agents and nominees, and (iii) our officers and employees and that of our agents or nominees for the following items which we or they may incur or suffer as a result of or in connection with your use of our or our providing equipment, facilities or services to you under the Agreement:
(i) all actions, proceedings and claims which may be brought by or against us or them; and
(ii) all losses, damages and reasonable amounts of costs and expenses.
The indemnity shall continue after the termination of the Agreement.
If it is proved that any actions, proceedings, claims, losses, damages or amounts set out in paragraph (l) above was caused by gross negligence or wilful default of (i) ours, (ii) our agents or nominees, or (iii) our officers or employees or that of our agents or nominees, then you are not liable under paragraph (l) above to the extent that it is direct and reasonably foreseeable arising directly and solely from such gross negligence or wilful default.
We may separately issue or vary additional terms and conditions relating to card benefits from time to time. The terms and conditions relating to a card benefit set out the eligibility criteria, conditions, limits, guidelines or directions applicable to that card benefit.
You should not use your card for payment of any gambling or other transaction which is illegal under any applicable laws.
We have the right to vary the terms and conditions of the Agreement, interest rates, finance charges or other fees or charges from time to time. We will give you prior notice in a manner we consider appropriate. You will be bound by a variation unless your card is returned to us for termination before the date on which that variation takes effect.
You agree to inform us promptly and in any event, within 30 days in writing if there are any changes to Your Information supplied to us or a member of the HSBC Group from time to time, and to respond promptly to any request for Your Information from us or a member of the HSBC Group.
If your card is a Hong Kong dollar card and you effect a card transaction in a currency other than Hong Kong dollar, we will debit that card transaction to your card account after conversion into Hong Kong dollar. The exchange rate will be determined by us by reference to the exchange rate adopted by Visa or MasterCard Worldwide (as applicable) on the date of conversion. We will also debit to your card account a percentage of the card transaction charged by us and any transaction fee (in full or in part) charged by Visa or MasterCard Worldwide to us. The same arrangement applies to a card transaction effected by you in a currency other than US dollar if your card is a US dollar card.
You should safeguard your card and PIN by taking appropriate security measures. You should promptly report any loss, theft, disclosure or unauthorised use of your card or PIN. You will be liable for all cash advances and all other transactions effected by unauthorised use of your card or PIN before we or any member of Visa or MasterCard Worldwide (as applicable) receive report of loss, theft, disclosure or unauthorised use. If you report loss, theft, disclosure or unauthorised use of your card or PIN in accordance with the Agreement, your maximum liability for unauthorised transactions (other than cash advances) is HK$500 per card.
However, please note that the limit referred to in paragraph (s) above DOES NOT APPLY (and you will be liable for the full amount) in the cases below:
(i) if you have knowingly (whether or not voluntarily) permitted any other person to use your card or PIN; or
(ii) if you have acted fraudulently or with gross negligence in using or safeguarding your card or PIN. Your failure to follow any of the security measures recommended by us from time to time regarding the use or safekeeping of your card or PIN may be treated as your gross negligence.

The English version of this document prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese version of this document is for reference only.

Definitions

Connected Person means a person or entity (other than you) whose information (including Personal Data or Tax Information) is provided by you, or on your behalf, to any member of the HSBC Group or which is otherwise received by any member of the HSBC Group in connection with the provision of the Services. A Connected Person may include any guarantor, a director or officer of a company, partners or members of a partnership, any "substantial owner", "controlling person", or beneficial owner, trustee, settlor or protector of a trust, account holder of a designated account, payee of a designated payment, your representative, agent or nominee, or any other persons or entities with whom you have a relationship that is relevant to your relationship with the HSBC Group.

HSBC Group means HSBC Holdings plc, its affiliates, subsidiaries, associated entities and any of their branches and offices (together or individually), and member of the HSBC Group has the same meaning.

Personal Data means any information relating to an individual from which such individual can be identified.

PIN means personal identification number or any code or number that is used by us to identify you when you access information, give instructions or make a transaction using a card, internet banking, phonebanking or any other service.

Services includes (a) the opening, maintaining, closing and terminating of your accounts or cards (including additional cards), (b) the provision of credit facilities and other banking products and services, processing applications, credit and eligibility assessment, and (c) maintaining our overall relationship with you, including marketing services or products to you, market research, insurance, audit and administrative purposes.

Tax Information means documentation or information about your tax status or the tax status of a Connected Person.

Your Information means all or any of the following items relating to you or that of a Connected Person, where applicable: (i) Personal Data, (ii) information about you, your accounts, cards (including additional cards), transactions, use of our products and services and your relationship with the HSBC Group and (iii) Tax Information.

Effective from 1st April 2015

Major Terms and Conditions of UnionPay Dual Currency Credit Card Cardholder Agreement

The Agreement applies to UnionPay Dual Currency and UnionPay Dual Currency Diamond credit cards issued by us.

Your significant liabilities and obligations under the Agreement are summarised below for your particular attention. You should read the full version of the Agreement (which will prevail in the event there is any inconsistency with the following). By using (which includes activating) your card, you will be considered to have accepted the Agreement and will be bound by it. The terms used in this document are defined at the end.

You should not transfer your card or PIN or allow any other person to use your card or PIN. You should sign your card as soon as you receive it.
Except as referred to in paragraph (v) below, you are responsible for the card account and all card transactions (including all related fees and charges). You are responsible even if:
(i) you do not sign a sales slip (including where a card transaction may be effected by telephone, mail, electronic means or direct debit arrangement without a sales slip or without your signature);
(ii) the card transaction is effected involuntarily; or
(iii) you have any dispute with any merchant involved in a card transaction.
You are required to comply with the credit limit on your card. We may reject card transactions in excess of the credit limit. However, we also have discretion to allow such card transactions without notice to you, unless we have received and processed your request to opt out from our over-the-limit facilities. Even if we accept your opt-out request, certain card transactions in excess of the credit limit may still be allowed, including any card transaction which is not immediately processed by us or does not require our authorisation for effecting payment.
If you do not pay the statement balance of your card in full on or before the payment due date, we may charge, without prior notice, a finance charge even if you have paid the minimum payment due in full. If you do not pay the minimum payment due in full on or before the payment due date, we may charge, without prior notice, a late charge in addition to the finance charge. We may vary the fees and charges from time to time. Our "Bank tariff guide for HSBC Retail Banking and Wealth Management Customers" has details of various fees and charges including the applicable rates or amounts. That guide is available at our website or upon request at any of our branches in Hong Kong.
You should notify promptly our Card Centre of any transaction shown in any card statement that was not authorised by you. You should notify us within 60 days of the date of the statement and in such manner as we may accept from time to time. If you do not notify us within the specified period, the transactions shown on the statement will be considered as correct, conclusive and binding on you and you will be deemed to have waived any right to raise any objection or pursue any remedies against us in relation to such transactions.
If you are required by any applicable law or regulations to deduct or withhold an amount from any sum payable to us under the Agreement, you are solely responsible to pay the amount deducted or withheld to the relevant authority within the applicable time limit. You will indemnify us for all consequences if you fail to make such payment. You should also ensure that we will receive the amount payable to us in full as if no such deduction or withholding had been made.
If you are the primary cardholder, you will be liable for the use of your primary card as well as the use of each additional card. We have full discretion in recovering indebtedness (including all fees and charges) incurred by an additional cardholder from the primary cardholder or that additional cardholder or both. If you are an additional cardholder, you will not be liable for the use of any additional card issued to another additional cardholder or the use of the primary card.
We are entitled to combine or consolidate the outstanding balance on your card account with the balance on any other account which you maintain with us without prior notice. If you are the primary cardholder, our right will extend to the outstanding balance on the card account of any additional cardholder. We are entitled to set off or transfer any money standing to the credit of any other account which you maintain with us in or towards settlement of your liability to us under the Agreement.
We may terminate your card (whether the primary card or an additional card) at any time without giving you prior notice or any reason. You may terminate your card at any time. If you wish to terminate your card, you have to give us written notice and return to us your card and all additional cards, if any.
Upon the termination of your card for any reason or upon your bankruptcy or death, the following amounts will become immediately due and payable in full to us:
(i) the outstanding balance on your card account; and
(ii) the amount of any card transactions effected but not yet charged to your card account.
If you fail to pay any amount to us when due or if you breach any terms or conditions of the Agreement, we may enforce our rights or pursue remedies to collect or recover any outstanding amount. We are entitled to employ agents or service providers for such purposes. You are required to indemnify and reimburse us for all reasonable amounts of costs (including legal fees) and expenses reasonably incurred by us in collecting or recovering any outstanding amount.
Except as set out in paragraph (m) below, you will indemnify and reimburse (i) us, (ii) our agents and nominees, and (iii) our officers and employees and that of our agents or nominees for the following items which we or they may incur or suffer as a result of or in connection with your use of our or our providing equipment, facilities or services to you under the Agreement:
(i) all actions, proceedings and claims which may be brought by or against us or them; and
(ii) all losses, damages and reasonable amounts of costs and expenses.
The indemnity shall continue after the termination of the Agreement.
If it is proved that any actions, proceedings, claims, losses, damages or amounts set out in paragraph (l) above was caused by gross negligence or wilful default of (i) ours, (ii) our agents or nominees, or (iii) our officers or employees or that of our agents or nominees, then you are not liable under paragraph (l) above to the extent that it is direct and reasonably foreseeable arising directly and solely from such gross negligence or wilful default.
We may separately issue or vary additional terms and conditions relating to card benefits from time to time. The terms and conditions relating to a card benefit set out the eligibility criteria, conditions, limits, guidelines or directions applicable to that card benefit.
You should not use your card for payment of any gambling or other transaction which is illegal under any applicable laws.
We have the right to vary the terms and conditions of the Agreement, interest rates, finance charges or other fees or charges from time to time. We will give you prior notice in a manner we consider appropriate. You will be bound by a variation unless your card is returned to us for termination before the date on which that variation takes effect.
You agree to inform us promptly and in any event, within 30 days in writing if there are any changes to Your Information supplied to us or a member of the HSBC Group from time to time, and to respond promptly to any request for Your Information from us or a member of the HSBC Group.
Your card account consists of a Hong Kong dollar sub-account and a Renminbi sub-account. We set the credit limit on your card in Hong Kong dollar. That credit limit is allocated between the two sub-accounts based on your allocation request in your card application.
If you effect a card transaction in Renminbi, we will debit that card transaction to your Renminbi sub-account. If you effect a card transaction in Hong Kong dollar, we will debit that card transaction to your Hong Kong dollar sub-account. If you effect a card transaction in a currency other than Hong Kong dollar and Renminbi, we will debit that card transaction to your Hong Kong dollar sub-account after conversion into Hong Kong dollar. The exchange rate will be determined by us by reference to the exchange rate adopted by UnionPay on the date of conversion. We will also debit to your Hong Kong dollar sub-account a percentage of the card transaction charged by us and any transaction fee (in full or in part) charged by UnionPay to us.
You can use your card at an ATM to access one Hong Kong dollar bank account ("Linked Account") only. If you withdraw cash at UnionPay ATMs in Hong Kong, you may select to withdraw from the Linked Account as a cash withdrawal or from your Hong Kong dollar sub-account as a cash advance. If you withdraw at UnionPay ATMs (including HSBC ATMs) in Mainland China, we will treat the withdrawal as a cash advance from your Renminbi sub-account. If you withdraw at UnionPay ATMs outside Mainland China and Hong Kong and have sufficient funds in the Linked Account to cover the entire amount of the cash withdrawal, we will treat the withdrawal as cash withdrawal from the Linked Account. If you withdraw at UnionPay ATMs outside Mainland China and Hong Kong an amount greater than the available balance in the Linked Account, we will treat the entire withdrawal amount as a cash advance from your Hong Kong dollar sub-account.
Your card statement will include separate sections specifying the payment details of each sub-account. You should pay the amount outstanding on each sub-account separately in its own currency. We will not convert or transfer any credit balance in one sub-account to settle outstanding balance in the other sub-account.
You should safeguard your card and PIN by taking appropriate security measures. You should promptly report any loss, theft, disclosure or unauthorised use of your card or PIN. You will be liable for all cash advances and all other transactions effected by unauthorised use of your card or PIN before we or any member of UnionPay receive report of loss, theft, disclosure or unauthorised use. If you report loss, theft, disclosure or unauthorised use of your card or PIN in accordance with the Agreement, your maximum liability for unauthorised transactions (other than cash advances) is HK$500 for your Hong Kong dollar sub-account and RMB500 for your Renminbi sub-account respectively.
However, please note that the limits referred to in paragraph (v) above DO NOT APPLY (and you will be liable for the full amount) in the cases below:
(i) if you have knowingly (whether or not voluntarily) permitted any other person to use your card or PIN; or
(ii)if you have acted fraudulently or with gross negligence in using or safeguarding your card or PIN. Your failure to follow any of the security measures recommended by us from time to time regarding the use or safekeeping of your card or PIN may be treated as your gross negligence.
We may suspend your Hong Kong dollar sub-account or Renminbi sub-account (or both) at any time without giving you prior notice or any reason.

The English version of this document prevails to the extent of any inconsistency between the English and the Chinese versions. Any Chinese version of this document is for reference only.

Definitions

ATM means an automated teller machine.

Personal Data means any information relating to an individual from which such individual can be identified.

Tax Information means documentation or information about your tax status or the tax status of a Connected Person.

UnionPay ATM means any ATM bearing the logo of China UnionPay Company Limited that accepts your card.

Effective from 1st April 2015

Notice relating to the Personal Data (Privacy) Ordinance (the "Ordinance")

From time to time, it is necessary for individuals to supply the Bank with data in connection with the opening or continuation of accounts and the establishment or continuation of banking facilities or provision of banking services or compliance with any laws, guidelines or requests issued by regulatory or other authorities.
Failure to supply such data may result in the Bank being unable to open or continue accounts or establish or continue banking facilities or provide banking services.
It is also the case that data are collected from (i) customers in the ordinary course of the continuation of the banking relationship (for example, when customers write cheques, deposit money or apply for credit), (ii) a person acting on behalf of the individual whose data are provided, and (iii) other sources (for example, information obtained from credit reference agencies). Data may also be generated or combined with other information available to the Bank or any member of the HSBC Group ("HSBC Group" means HSBC Holdings plc, its affiliates, subsidiaries, associated entities and any of their branches and offices (together or individually) and "member of the HSBC Group" has the same meaning).
The purposes for which data may be used are as follows:
1. considering applications for products and services and the daily operation of products, services and credit facilities provided to customers;
2. conducting credit checks (including without limitation upon an application for consumer credit (including mortgage loans) and upon periodic or special reviews of the credit which normally will take place one or more times each year);
3. creating and maintaining the Bank's credit and risk related models;
4. assisting other financial institutions to conduct credit checks and collect debts;
5. ensuring ongoing credit worthiness of customers;
6. designing financial services or related products for customers' use;
7. marketing services, products and other subjects as described in (f) below;
8. determining the amount of indebtedness owed to or by customers;
9. collecting of amounts outstanding from customers and those providing security for customers' obligations;
10. meeting obligations, requirements or arrangements, whether compulsory or voluntary, of the Bank or any of its branches or any member of the HSBC Group to comply with, or in connection with:
  1. any law, regulation, judgment, court order, voluntary code, sanctions regime, within or outside the Hong Kong Special Administrative Region ("Hong Kong") existing currently and in the future ("Laws");
  2. any guidelines, guidance or requests 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 and any international guidance, internal policies or procedures;
  3. any present or future contractual or other commitment with local or foreign legal, regulatory, judicial, administrative, public or law enforcement body, or governmental, tax, revenue, monetary, securities or futures exchange, court, central bank or other authorities, or self-regulatory or industry bodies or associations of financial service providers or any of their agents with jurisdiction over all or any part of the HSBC Group (together the "Authorities" and each an "Authority") that is assumed by, imposed on or applicable to the Bank or any of its branches or any member of the HSBC Group; or
  4. any agreement or treaty between Authorities;
11. complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the HSBC Group and/or any other use of data and information in accordance with any programmes for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;
12. conducting any action to meet obligations of the Bank or any member of the HSBC Group to comply with Laws or international guidance or regulatory requests relating to or in connection with the detection, investigation and prevention of money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions and/or any acts or attempts to circumvent or violate any Laws relating to these matters;
13. meeting any obligations of the Bank or any member of the HSBC Group to comply with any demand or request from the Authorities;
14. enabling an actual or proposed assignee of the Bank, or participant or sub-participant of the Bank's rights in respect of the customer to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation; and
15. purposes relating thereto.
Data held by the Bank or a member of the HSBC Group relating to an individual will be kept confidential but the Bank or a member of the HSBC Group may provide such information to the following parties (whether within or outside Hong Kong) for the purposes set out in paragraph (d):
1. any agents, contractors, sub-contractors, service providers or associates of the HSBC Group (including their employees, directors, officers, agents, contractors, service providers, and professional advisers);
2. any third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to the Bank in connection with the operation of its business (including their employees, directors and officers);
3. any Authorities;
4. any person under a duty of confidentiality to the Bank including a member of the HSBC Group which has undertaken to keep such information confidential;
5. the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
6. any persons acting on behalf of an individual whose data are provided, payment recipients, beneficiaries, account nominees, intermediary, correspondent and agent banks, clearing houses, clearing or settlement systems, market counterparties, upstream withholding agents, swap or trade repositories, stock exchanges, companies in which the customer has an interest in securities (where such securities are held by the Bank or any member of the HSBC Group) or a person making any payment into the customers account;
7. credit reference agencies, and, in the event of default, to debt collection agencies;
8. any person to whom the Bank or any of its branches or any member of the HSBC Group is under an obligation or required or expected to make disclosure for the purposes set out in, or in connection with, paragraph (d)(x), (d)(xi) or (d)(xii);
9. any actual or proposed assignee of the Bank or participant or sub-participant or transferee of the Bank's rights in respect of the customer; and
10. 1. any member of the HSBC Group;
  2. third party financial institutions, insurers, credit card companies, securities and investment services providers;
  3. third party reward, loyalty, co-branding and privileges programme providers;
  4. co-branding partners of the Bank or any member of the HSBC Group (the names of such co-branding partners will be provided during the application process for the relevant services and products, as the case may be);
  5. charitable or non-profit making organisations; and
  6. external service providers (including but not limited to mailing houses, telecommunication companies, telemarketing and direct sales agents, call centres, data processing companies and information technology companies) that the Bank engages for the purposes set out in paragraph (d)(vii).
Such information may be transferred to a place outside Hong Kong.

In connection with paragraph (vii) above,
1. of all the data which may be collected or held by the Bank from time to time in connection with mortgages, the following data relating to the customer (including any updated data of any of the following data) may be provided by the Bank, or on its behalf and/or as agent, to the credit reference agency:
  1. full name;
  2. capacity in respect of each mortgage (as borrower, mortgagor or guarantor);
  3. Hong Kong Identity Card Number or travel document number or certificate of incorporation number;
  4. date of birth or date of incorporation;
  5. correspondence address;
  6. mortgage account number in respect of each mortgage;
  7. type of the facility in respect of each mortgage;
  8. mortgage account status in respect of each mortgage (e.g. active, closed, write-off); and
  9. if any, mortgage account closed date in respect of each mortgage.
2. before the right referred to in (g) (v) below may be exercised, (I) in the event of any default in payment, unless the amount in default is fully repaid or written off (otherwise than due to a bankruptcy order) before the expiry of 60 days as measured by the Bank from the date such default occurred, the customer is liable to have his account repayment data retained by the credit reference agency at least until the expiry of five years from the date of final settlement of the amount in default and (II) in the event of any amount being written off due to a bankruptcy order being made against the customer, the customer is liable to have his account repayment data retained by the credit reference agency, regardless of whether the account repayment data reveal any material default, until the expiry of five years from the date of final settlement of the amount in default or the expiry of five years from the date of discharge from a bankruptcy as notified by the customer with evidence to the credit reference agency, whichever is earlier. Account repayment data include amount last due, amount of payment made during the last reporting period, remaining available credit or outstanding balance and default data (being amount past due and number of days past due, date of settlement of amount past due, and date of final settlement of amount in material default (if any)). Material default is a default in payment for a period in excess of 60 days.
Use of Data in Direct Marketing
The Bank intends to use a customer's data in direct marketing and the Bank requires the customer's consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
1. the name, contact details, products and other service portfolio information, transaction pattern and behavior, financial background and demographic data of a customer held by the Bank from time to time may be used by the Bank in direct marketing;
2. the following classes of services, products and subjects may be marketed:
  1. financial, insurance, credit card, banking and related services and products;
  2. reward, loyalty, co-branding or privileges programmes and related services and products;
  3. services and products offered by the Bank's co-branding partners (the names of such co-branding partners will be provided during the application for the relevant services and products, as the case may be); and
  4. donations and contributions for charitable and/or non-profit making purposes;
3. the above services, products and subjects may be provided by or (in the case of donations and contributions) solicited by the Bank and/or:
4. in addition to marketing the above services, products and subjects itself, the Bank also intends to provide the data described in paragraph (f)(i) above to all or any of the persons described in paragraph (f) (iii) above for use by them in marketing those services, products and subjects, and the Bank requires the customers written consent (which includes an indication of no objection) for that purpose;
5. the Bank may receive money or other property in return for providing the data to the other persons in paragraph (f)(iv) above and, when requesting the customers consent or no objection as described in paragraph (f)(iv) above, the Bank will inform the customer if it will receive any money or other property in return for providing the data to the other persons.
If a customer does not wish the Bank to use or provide to other persons his data for use in direct marketing as described above, the customer may exercise his opt-out right by notifying the Bank.
Under and in accordance with the terms of the Ordinance and the Code of Practice on Consumer Credit Data approved and issued under the Ordinance, any individual has the right:
1. to check whether the Bank holds data about him and of access to such data;
2. to require the Bank to correct any data relating to him which is inaccurate;
3. to ascertain the Bank's policies and practices in relation to data and to be informed of the kind of personal data held by the Bank;
4. in relation to consumer credit, to be informed on request which items of data are routinely disclosed to credit reference agencies or debt collection agencies, and be provided with further information to enable the making of an access and correction request to the relevant credit reference agency or debt collection agency; and
5. upon satisfactory termination of the credit by full repayment and on condition that there has been, within five years immediately before such termination, no material default under the credit as determined by the Bank, to instruct the Bank to make a request to the relevant credit reference agency to delete from its database any account data relating to the terminated credit.
In accordance with the terms of the Ordinance, the Bank has the right to charge a reasonable fee for the processing of any data access request.
The person to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed as follows:

The Data Protection Officer
The Hongkong and Shanghai Banking Corporation Limited
PO Box 72677
Kowloon Central Post Office
Hong Kong
E-mail: dfv.enquiry@hsbc.com.hk
The Bank may have obtained a credit report on the customer from a credit reference agency in considering any application for credit. In the event the customer wishes to access the credit report, the Bank will advise the contact details of the relevant credit reference agency.
Nothing in this Notice shall limit the rights of customers under the Ordinance.

Note: In case of discrepancies between the English and Chinese versions, the English version shall apply and prevail.