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Leasing Privacy Statement

 

Personal Information Collection Statement for Leases

 

We recognise the importance of your privacy and of maintaining the confidentiality of your personal data in accordance with the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486). This Personal Information Collection Statement ("PICS") sets out how we may collect, use, store, process, disclose and transfer your Personal Data.

 

1. Definitions

 

1.1. Capitalised terms used in this PICS shall have the following meanings:

 
  • "Chinachem", "we", "us" or "our" means Chinachem Agencies Limited;
  • "Chinachem Group" means Chinachem and its parent companies, affiliates or subsidiaries;
  • "Data Protection Officer" means an employee within Chinachem who is based in Hong Kong and is appointed as the Data Protection Officer for the purposes of ensuring that this PICS and the PDPO is complied with in respect of the Personal Data of all Lessees, and their current employees and former employees that are collected, used, processed or stored in Hong Kong;
  • "Lease Agreement" means the lease agreement entered into (or to be entered into) between the Chinachem Group and you (if you are the lessee identified in the agreement) or by your employer or principal (if you are an employee, agent or representative of the entity entering into the lease agreement with the Chinachem Group) and includes associated documentation that may, from time, be required such as (without limitation) personal or bank guarantees and the like;
  • "Lessee" means an individual, sole proprietorship, partnership or any other entity that has or will enter into a lease agreement with a member of the Chinachem Group for the leasing of a property;
  • "PDPO" means the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486);
  • "Personal Data" means any data relating directly or indirectly to a living individual, from which it is practicable for the identity of that individual to be ascertained;
  • "You" means you, a Lessee or an employee, agent or representative of a Lessee.
 

2. Collection of Personal Data

 

2.1. Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary in relation to the Lease Agreement.

 

2.2. The Personal Data we may collect from or in relation to you includes, without limitation, your full name; address; telephone number; email address; credit checks; Hong Kong Identity Card number or passport number; and bank account details.

 

2.3. Please note that we require you to provide us with all of the Personal Data from time to time set out in, or as expressly indicated by us in relation to the performance of, the Lease Agreement(s) entered into by you or by the entity you represent. Failure to provide the above Personal Data may prevent us from entering into the Lease Agreement and/or providing services to you under the Lease Agreement and/or performing our obligations under the Lease Agreement, or may result in us having to terminate the Lease Agreement, as we may be unable to fulfill our obligations or to grant the rights under the Lease Agreement.

 

2.4. Any other Personal Data that you provide to us which does not fall within the scope of one of the categories specified in paragraph 2.3 above may be provided to us on a voluntary basis and is not required in order for us to provide the service to you under and/or to perform the Lease Agreement.

 

3. Use and disclosure of your Personal Data

 

3.1. If you provide any Personal Data to us, you will be deemed to have authorized us to collect, use, store and process your Personal Data, in any format whatsoever, for the following purposes and any directly related purpose:

 
  1. to perform our obligations under the Lease Agreement, and to otherwise administer and manage the Lease Agreement; 
  2. to verify your identity;
  3. to facilitate your payment obligations under the Lease Agreement such as by bank standing orders, transfers and the like;
  4. to assess your ability to meet your obligations under any current or future Lease Agreement that you seek to enter into with us as the Lessee;
  5. to keep a record of any breaches or non-compliance by you of the Lease Agreement for the purposes of enabling us to exercise our discretion on whether or not to enter into any other Lease Agreements with you as the Lessee in the future, or to enforce our rights pursuant to paragraph 3.1(g) below;
  6. to enable communications in relation to your current or any future Lease Agreement; 
  7. to enforce our rights in relation to the Lease Agreement in any legal proceedings, or to defend ourselves against any claim brought in relation to the Lease Agreement;
  8. to comply with applicable laws or regulations; 
  9. to register the relevant Lease Agreement with the Hong Kong Land Registry; or
  10. for any other purpose that you have consented to and/or which has been notified to you on or before the time when the Personal Data is collected.
 

3.2. If you provide to us any Personal Data relating to your employees, agents or representatives, you will be deemed to have authorized us to collect, use, store and process their Personal Data, in any format whatsoever, for the purposes of administering and managing the Lease Agreement.

 

3.3. You confirm and warrant that you have obtained the prior consent of your employees, agents or representatives, as required under the PDPO, for you to disclose their Personal Data to us, and for us to collect, disclose, transfer, store, process and use their Personal Data for the purposes set out in this PICS.

 

4. Transfer and disclosure

 

4.1. You agree that we may disclose and transfer (whether inside or outside Hong Kong) your Personal Data and any other Personal Data provided by you to us:
 

  1. for the purposes outlined above, to any entity located in Hong Kong that is or becomes part of the Chinachem Group; 
  2. for the purposes outlined above, to any of the Chinachem Group's third party legal or professional advisers, or credit and reference agencies; 
  3. to any of the Chinachem Group's third party service providers situated in either Hong Kong, Singapore or the United Kingdom engaged by a member of the Chinachem Group to assist with the administration and management of the Lease Agreement and all other lease or property agreements entered into by the Chinachem Group, including Chinachem's information technology service provider who will host the Personal Data on their software platform on behalf of Chinachem, for the purposes of enabling Chinachem to administer and manage their lease agreements; 
  4. to any legal or regulatory authority or court of competent jurisdiction or an arbitral tribunal, pursuant to any applicable laws, regulations or orders issued by a court, arbitrator or regulatory authority; or
  5. to any other third party to whom you have given consent for the transfer or disclosure of your personal data, and/or any other third party that you have been notified of on or before the time the Personal Data is collected from you.
 

4.2. These transferees are subject to a duty of confidentiality and will only be permitted to use your Personal Data in accordance with the purposes outlined above, or as permitted under applicable laws or regulations. In no other circumstances will we transfer or disclose any of your Personal Data to any other third party, without your prior consent, unless permitted or required to do so under applicable laws or regulations.

 

4.3. Some of the above transferees may be located in countries outside of Hong Kong, including in countries that may not provide the same level of data protection as Hong Kong. However, Chinachem only transfers your personal data abroad after the adoption of certain precautions, including those stated in paragraph 4.2 above.

 

5. Confidentiality and safety

 

5.1. All of your Personal Data held by us is kept confidential in accordance with our Privacy Policy which we can provide you on request. We will take all practicable steps to ensure that all Personal Data is kept secure and safe from any loss or unauthorised disclosure or use. All reasonable practicable efforts are made to ensure that any Personal Data held by us are stored in a secure and safe place, and accessed only by our authorised employees and transferees.

 

6. Retention period

 

6.1. We shall erase or delete your Personal Data once it is no longer needed by us for any of the purposes stated above. However, we may retain your Personal Data for longer if:
 

  1. there is a subsisting reason that obliges Chinachem to retain the Personal Data for longer (e.g. we are engaged in a dispute or legal proceedings involving you, or Chinachem is legally required to retain the Personal Data for longer, etc.); or 
  2. you have given your express consent to have your Personal Data retained for longer.
 

7. You must keep your Personal Data up-to-date

 

7.1. You agree to promptly inform our Data Protection Office (via the contact details below) as soon as any of your Personal Data held by is no longer accurate or up-to-date. It is your responsibility to report any changes in status that affect your Lease Agreement.

 

8. Data access and correction

 

8.1. You are entitled to access or correct any of your Personal Data held by us by issuing a request in writing to the Data Protection Officer at [email protected] or at the following address:

 

Data Protection Officer
Chinachem Group
35-38 Floor, Nina Tower,
8 Yeung Uk Road
Hong Kong

 

(or to any other person notified by us to you from time to time).

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