Cinergy always conducts business endeavours with truth, sincerity and fairness and is committed to comply with the requirements of the Personal Data (Privacy) Ordinance of Hong Kong Special Administrative Region (“Hong Kong”) (Cap, 486 Laws of Hong Kong) (“Ordinance”) and all applicable data privacy laws in Hong Kong.
This Statement sets out how Cinergy may collect, use and disclose customers’ personal data and data access and correction rights of the customers.
This Statement applies to all products and services provided by Cinergy. This Statement contains both English and Chinese versions. In case of discrepancies between English and Chinese versions, the English version shall prevail.
(A) Kinds of Personal Data to be Collected and/or Held
Personal data that Cinergy may collect and/or hold, for the purposes as stated in this Statement, comprises all the customers’ information, name, contact information (including but not limited to residential and correspondence address, phone number, fax number, email address), biographical information (including but not limited to date of birth, nationality, jurisdiction(s) of residence for tax purposes and tax identification number(s) in that urisdiction(s), Hong Kong identity card or travel document number, gender, employment and occupation record, family and educational background, etc.), policy information (including but not limited to policy account value, sum assured, investment appetite and portfolio and experience, financial information and needs, etc.), transaction records, bank and credit card account information, medical and health data, and demographic information or identifier that held in a cookie or processor serial number that is combined with other personal information (collectively “Personal Data”).
(B) Purposes of Collection, Use and Transfer of Personal Data
Personal Data may be collected and/or used by Cinergy and/or transferred to the entities or individuals as specifically mentioned in this Statement for the following purposes:
(1) Processing applications for insurance products or services, as well as any changes, cancellations, renewals, reinstatements, and any other relevant matters;
(2) Verifying the customers’ identities and eligibilities for insurance or financial products or services and ensuring ongoing due diligence of the customers;
(3) Facilitating the daily operation of the insurance or financial or related services or products provided by Cinergy, including without limitation arranging insurance contracts, managing customers’ accounts, monitoring sum assured, performing ongoing and future administration and assessment and underwriting any insurance policy issued by Cinergy;
(4) Providing and designing any insurance or financial or related product or service;
(5) Enforcing the customers’ obligations under the insurance contracts including without limitation collection of insurance premiums and identification documents;
(6) Marketing insurance or financial product or service (including without limitation reward, loyalty or privileges programmes or members’ club) of Cinergy, or of any of its parent companies, subsidiaries, affiliates, related companies or group companies, or partnering banking and/or financial services providers and telecommunications and social media companies or entities, by mail, fax, electronic mail or other means of communications, or telephone calls addressed to the customers, in respect of which Cinergy may or may not be remunerated (collectively “ Direct Marketing Purposes”);
(7) Processing (including but not limited to investigating and analyzing) any claim under any insurance policy issued by Cinergy and any credit, medical security and underwriting checks;
(8) Matching Personal Data (including without limitation sum assured) to determine and recommend any insurance or financial or related products or services that may be of customers’ interest;
(9) Creating and maintaining Cinergy’s customer profile and segregation and business model and performing risk management;
(10) Complying with the compliance program and internal policies of Cinergy and with all laws, regulations, codes or guidelines issued by regulatory or other authorities binding to Cinergy or its parent companies, subsidiaries, affiliates, related companies or group companies;
(11) Meeting any disclosure requirements imposed by laws, regulations, codes or guidelines issued by regulatory or other authorities on or binding to Cinergy, or of any of its parent companies, subsidiaries, affiliates, related companies or group companies, or partnering banking and/or financial services providers and telecommunications and social media companies or entities;
(12) Comparing Personal Data of the customers and other individuals for de-duplication, sum assured monitoring, credit-checking, data verification or otherwise producing or verifying data, whether or not for the purpose of taking adverse action against the customers;
(13) Maintaining a history of the customers (whether or not there exists any relationship between the customers and Cinergy) for present and future reference;
(14) Providing customer services (including but not limited to processing enquiries and complaints, performing policy review or needs analysis);
(15) Performing marketing research or survey or analysis or statistics which may be beneficial to the improvement of customer services and daily operation and provision of the insurance and financial and related products and services by Cinergy or of any of its parent companies, subsidiaries, affiliates, related companies or group companies, or partnering banking and/or financial services providers and telecommunications and social media companies or entities;
(16) Communicating with the customers via telephone, mail, e-mail, facsimile or any other means of communications;
(17) Evaluating the policy intended to be the subject of reinsurance by an actual or proposed reinsurer of Cinergy;
(18) Conducting medical or health reference checks;
(19) Exercising any right of subrogation or any other right given to Cinergy under the insurance policies;
(20) Preventing, detecting or reporting any crime or any fraudulent or dishonest behaviour, or any other purpose relating thereto;
(21) Enabling the industry association / federation to carry out its regulatory functions or such other functions that are required in the interest of the insurance industry or any members of the association / federation;
(22) Managing reporting and potential withholding obligations in compliance with applicable laws and regulations in Hong Kong or an overseas jurisdiction;
(23) Other purposes as notified at the time of collection; and
(24) Fulfilling any other purposes directly related to (1) to (23) above.
It is necessary for the customers and other individuals (including without limitation the insured persons and beneficiaries) to supply Cinergy with Personal Data in connection with the purchase and continuation of the insurance policies with Cinergy, provision of insurance and financial services and compliance with any laws, regulations, codes or guidelines issued by regulatory or other authorities by Cinergy. Personal Data are to be collected from customers in the ordinary course or during the continuation of the business relationship between the customers and Cinergy, for example, when the customers make any claims or change the personal particulars or beneficiaries under the insurance policies.
Failure to supply such Personal Data may result in Cinergy being unable to offer or continue the insurance policies, provide insurance and financial products and services, continue the business relationship between the customers and Cinergy in the ordinary course, and comply with any laws, regulations, codes or guidelines issued by regulatory or other authorities.
Cinergy shall not use Personal Data, without relevant consents from the customers and relevant individuals, for any purpose other than the purposes as stated in this Statement.
(C) Disclosure and Transfer of Personal Data
Cinergy undertakes to keep all Personal Data confidential, but Cinergy may provide any such Personal Data to the following parties (whether within or outside Hong Kong) (“Recipients”) for any of the purposes set out in this Statement:
(1) Any parent companies, subsidiaries, affiliates, related companies or group companies of Cinergy;
(2) Product distributors, authorized agents, insurance companies and intermediaries of Cinergy;
(3) Partnering banking and/or financial services providers, telecommunications companies or entities, social media companies or entities of Cinergy;
(4) Call centres, mailing houses, research house, data processing companies engaged by Cinergy;
(5) Debt collection agencies, credit reference agencies, any financial institution or credit / charge card issuer related to premium payment account engaged by Cinergy;
(6) Professional advisors, reinsurance and claims investigation company, any loss adjusters, providers of risk intelligence engaged by Cinergy;
(7) Persons or entities which provides administration, operational, technical, data-processing, marketing and promotion, research, payment, printing, redemption, information technology, hosting, mailing, and telecommunications, customer service, and reward, loyalty or privileges programmes or club membership support to Cinergy;
(8) Any relevant industry association or federation, and any member or committee of such association or federation, any governmental and judicial bodies, and tax authorities or regulators, any person to whom Cinergy or its parent companies, subsidiaries, affiliates, related companies or group companies is required to transfer and make disclosure of the relevant Personal Data; and
(9) Other parties as notified to the customers at the time of collection.
Personal Data may be processed by, kept by, disclosed to, used by or transferred to Recipients in any country or place outside Hong Kong as Cinergy considers appropriate for any of the purposes as set out in this Statement, in respect of which Cinergy may or may not be remunerated. Such Personal Data may be processed, kept, used or disclosed in accordance with local laws, regulations, codes, guidelines or practices including any governmental acts and orders in such country.
(D) Outsourcing Arrangements
Personal Data may be processed by Cinergy, its affiliates and third party service providers in Hong Kong and outside Hong Kong for any of the purposes set out in this Statement. To the extent that Personal Data is processed by an affiliate or third party service provider, Cinergy takes steps to procure that such affiliate or third party employs adequate information security measures to comply with the Ordinance and other applicable data privacy laws. Outsourcing arrangements are subject to due diligence and ongoing monitoring to ensure an adequately high standard of data privacy protection throughout the life of the outsourcing.
(E) Foreign Tax Reporting Obligations
Under the laws, regulations and international agreements for the implementation of automatic exchange of financial account information ("AEOI") and the U.S. Foreign Account Tax Compliance Act ("FATCA"), financial institutions are required to identify account holders (including certain policyholders and beneficiaries) and controlling persons of certain entity policyholders who are reportable foreign tax residents and report their Personal Data to the local tax authority where the financial institution operates or directly to the U.S. Internal Revenue Service. The local tax authority will provide the Personal Data to the tax authority of the reportable foreign tax resident's country of tax residence on a regular, annual basis. Without limiting the generality of this Statement, Cinergy will use the Personal Data for the purposes of AEOI and FATCA. The Personal Data may be transmitted by Cinergy to the Hong Kong Inland Revenue Department or any other relevant domestic or foreign tax authority for transfer to the tax authority of another jurisdiction. The Personal Data may be transmitted by Cinergy to the U.S. Internal Revenue Service.
(F) Retention of Personal Data
Cinergy takes all practicable steps to:-
(1) ensure the accuracy of Personal Data and to erase such Personal Data after fulfillment of the purposes as set out in this Statement;
(2) erase Personal Data no longer required for the purposes as set out in this Statement unless prohibited under any law or public interest requires otherwise;
(3) ensure that Personal Data is protected against unauthorized or accidental access, processing, erasure, loss or use other than such purposes as set out in this Statement;
(4) ensure that Personal Data will be kept in a secure manner and not be kept longer than necessary for the purposes as set out in this Statement;
(5) comply with all the relevant requirements under the Ordinance.
(G) Data Access and Correction
(1) In accordance with the Ordinance, any individual has the right to:
(a) check whether Cinergy holds Personal Data of such individual and, if so, has access to such Personal Data;
(b) require Cinergy to correct Personal Data of such individual that is inaccurate; and
(c) ascertain Cinergy's policies and practices in relation to Personal Data and to be informed of the kind of Personal Data held by Cinergy.
(2) In accordance with the Ordinance, Cinergy has the right to charge a reasonable fee for the processing of any data access request.
(3) Any request for access to Personal Data or correction of Personal Data, or for information regarding policies and practices and kinds of Personal Data held can be addressed in writing to:
The Data Privacy Officer
Cinergy Insurance Services Limited
Unit D, 16/F, Seabright Plaza, 9-23 Shell Street, North Point, Hong Kong
(H) General Enquiries
If any individual has any questions concerning this Statement, or if the customer does not wish to receive any direct marketing promotions or offers from Cinergy, please contact The Data Privacy Officer of Cinergy Insurance Services Limited at the address stated in section (G)(3).