- Our company pledge to meet fully the recognized standards of personal data privacy protection in complying with the requirements of the Personal Data (Privacy) Ordinance (PDPO). In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality.
- Personal data/information customers provide is mainly identification and contacting information which may include name, telephone number, address, identity card number and personal information contained in estate agency agreement(s), provisional agreement(s) for sale and purchase and tenancy agreement(s) (hereinafter referred to as “Personal Data”). Personal Data collected or to be collected by us may be used for carrying out estate agency and related works and services for you in the sale/purchase/lease of the property/properties which you have appointed/will appoint us as agent to sell/purchase/lease (as the case may be), for our administrative and internal record purposes and may also be used for the following purposes:
- Our daily business purposes and operational purposes (including, whenever necessary, disclosing the same to professional advisers, regulatory authorities, government departments, law courts and tribunals, law enforcement authorities and any other bodies as required by law, and transferring the same to lawyers and law courts and tribunals for the purpose of collecting overdue commission or other fees);
- Marketing, promoting or introducing our estate agency and other services including direct marketing of real estate products or developments and sending you promotional materials regarding properties available for sale or lease in the market; and
- Other purposes agreed by you.
We shall cease using your Personal Data for marketing or promotion purposes upon notification by you that you wish us to cease using your personal data for such purposes. Subject to the aforesaid, we will not use your Personal Data for any other purpose without your prescribed consent, unless such use is required by law.
- Customer may make enquiry with us about our personal data privacy policy and practices and the kinds of personal data held by us.
- Unless you have voluntarily agreed, our company will not disclose your Personal Data to another estate agency, or transfer your Personal Data to our parent company and/or associated companies for their marketing or promotion purposes, or allow our staff to use such data for their own private purposes.
- Unless you have given your prior written consent, our company will not sell or transfer your Personal Data to a third party for momentary or in-kind gain, or otherwise.
- Unless you have given your prior express consent, in introducing other services such as legal or mortgage services, our company will not transfer your Personal Data to the service suppliers, such as legal firms or financial institutions.
- When using the Personal Data for direct marketing for the first time, we will inform the customer that he may request us not to use his Personal Data. If a customer makes such a request, we will cease to so use the Personal Data concerned. Our company will maintain an opt-out list of individuals who have chosen not to receive any further marketing approaches by us or any of our staff.
- All Personal Data you provide will be retained in accordance with the Estate Agents Ordinance (Cap.511) and its subsidiary legislation, guidelines that may be provided by the Estate Agents Authority, or other applicable laws and regulations concerning the retention of such data or documents containing such data. Pursuant to Practice Circular No.08-05 (CR) issued by the Estate Agents Authority, estate agency agreement or property viewing form or similar document will be retained by us for 5 years from the date of signing the provisional agreement for sale and purchase. According to the Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation, we will keep (i) all listings of residential properties received and a copy of all estate agency agreements entered into in relation to residential properties for 3 years after the listings were received or agreements entered into, as the case may be; and (ii) a copy of the receipt for any money received from a client and a copy of the deposit slip of any money deposited into a trust account maintained at an authorized institution within the meaning of the Banking Ordinance (Cap.155) for 3 years after it is issued. Besides, pursuant to Section 51C of the Inland Revenue Ordinance (Cap.112), we shall keep the records specified by that Section for not less than 7 years, the said records include (a) books of account recording receipts and payments, or income and expenditure; and (b) vouchers, bank statements, invoices, receipts, and such other documents as are necessary to verify the entries in the books of account referred to in (a) above. The Personal Data will be deleted and will not be used after the said retention periods.
- Documents containing Personal Data you provided will be kept securely to prevent them from being seen, accessed, processed, erased or used by unrelated parties, and will be restricted for access only by our staff who have a need to use the data for the purposes mentioned in paragraph 2 above and who have been trained to handle such data properly and to observe strict standards of confidentiality.
- You have the right to request access to, and correction of, your Personal Data held by us. We may impose and charge reasonable fees for complying with a data access request. Any such request should be in writing and addressed to our Personal Data (Privacy) Officer at Rm.2508, APEC Plaza, No.49 Hoi Yuen Road, Kwun Tong, Kowloon / phone number: 2418 2028 /email address: dpo@kaishing-rea.com.hk. Data access request should be made by using the relevant Data Access Request Form specified by the Privacy Commissioner for Personal Data under the Personal Data (Privacy) Ordinance.
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