Terms and Conditions for CMB Wing Lung Insurance E Insure Mobile APP

You must read these Terms and Conditions ("Terms and Conditions") carefully before downloading, installing or using the CMB Wing Lung Insurance E Insure Mobile APP (“APP”). By using this APP, you agree to be bound by these Terms and Conditions.
1. Services
(a) The services and information on this APP are directed at and restricted to individuals resident in or entities having a place of business in Hong Kong, and are only available in jurisdictions where they may be lawfully offered by CMB Wing Lung Insurance Company Limited("CMB Wing Lung Insurance"). They are not intended for distribution to or use in any jurisdiction where such distribution or use is contrary to local laws or regulations. CMB Wing Lung Insurance makes no representation that such services and information are available for use in other jurisdictions.
(b) The services and information on this APP do not constitute and should not be regarded as an offer or solicitation of any service or product or advice by CMB Wing Lung Insurance.
(c) These Terms and Conditions apply in addition to CMB Wing Lung Insurance's terms and conditions applicable to its services and products.
2. Disclaimers
(a) Messages sent over the internet cannot be guaranteed to be completely secure. CMB Wing Lung Insurance is not responsible for any damage you may incur by using the internet.
(b) Whilst care has been taken in their preparation, the information on this APP is provided without any representation or warranty of any kind, express or implied. In particular, no representation or warranty is given regarding non-infringement, security, accuracy, reliability, timeliness, completeness, fitness for any purpose or freedom from computer viruses.
(c) The information on this APP is for general reference only and should not be used for making any decision. Any advice or information on this APP should not be relied upon without independent checking. You are recommended to obtain independent professional advice where appropriate.
(d) This APP may not be available at all times and there may be delays, failures, errors, omissions or loss of transmitted information.
(e) Information supplied by a third party is re-transmitted by CMB Wing Lung Insurance for reference only. CMB Wing Lung Insurance, its officers, employees and agents do not devise, select, modify or exercise control over its contents, and do not accept any responsibility for, or endorse, it.
(f) CMB Wing Lung Insurance will not be liable for any loss, damage or expense (including special, incidental or consequential loss or damage) arising directly or indirectly from your use of this APP (whether in connection with any defect, error, fault, delay or unavailability of this APP, its contents, associated services or otherwise howsoever).
(g) Downloading, installing and using this APP are at your own risk and CMB Wing Lung Insurance accepts no liability for any loss, damage or expense arising directly or indirectly from any computer virus, trojan horse, worm, software bomb or any other software or program. CMB Wing Lung Insurance makes no representation or warranty concerning the accuracy, functionality or performance of any third party software that may be used in connection with this APP. You have sole responsibility for the protection and back-up of your data and equipment. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site.

3. Hyperlinks
Use of hyperlinks to another internet site or resource is at your own risks. CMB Wing Lung Insurance disclaims any responsibility for any services or information provided by those sites.
4. Intellectual Property Rights
(a) CMB Wing Lung Insurance and other parties own the trade marks, logos and service marks displayed on this APP. They may not be used without the written permission of CMB Wing Lung Insurance or the party owning them.
(b) All contents of this APP including but not limited to the text, graphics, links and sounds are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed, reused, decompiled or used in any other way for commercial or public purposes without the prior written consent from CMB Wing Lung Insurance or the party owning them.
5. Changes / Termination
CMB Wing Lung Insurance may terminate your access to this APP at any time, with or without cause or notice.
CMB Wing Lung Insurance reserves the right in its discretion to change without prior notice any information on this APP and these Terms and Conditions. Continued use of this APP following a change will signify your acceptance to the changes made.

6. Governing Law
These Terms and Conditions are governed by Hong Kong laws and any dispute shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.

Privacy Policy Statement For CMB Wing Lung Insurance E Insure Mobile APP
As a CMG member (as defined below), it is the policy of CMB Wing Lung Insurance Company Limited ("CMB Wing Lung Insurance") to respect the privacy of their customers and keep the information relating to a customer secure and confidential. CMB Wing Lung Insurance also educates all staff of the importance of customers' privacy and requires them to comply with applicable standards of security and confidentiality. Information is collected on the use of CMB Wing Lung Insurance E Insure Mobile Application (“APP”) from the CMB Wing Lung Insurance’s customers.

To have better customer experience and reduce waiting time for downloading data after loading the APP, the APP would store downloaded data on customer's smart phone.

To allow customer to take photos or use photos in library as supporting documents for insurance claims, the APP would request permission to access to camera and photo library during claims documents submission.

To provide relevant information by notification based on customer location, the APP would request customer permission to access to location.

To allow customer to login as member via biometric credential, the APP would, after obtaining customer acceptance of the relevant terms and conditions , access the biometric identity sensor in the Permitted Mobile Device and obtain the necessary information to perform the authentication. The Company will not store customer biometric credentials during the authentication process.

To allow customer directly calling the selected service hotline, the APP provides shortcut to let customer call the service hotline. The APP will not access any information in the address book of the smart phone.
To provide transaction or information notification service, the APP will save customer's preferences on the notification service in CMB Wing Lung Insurance servers. No personal identifiable information from customer would, however, be saved. This feature requires customer's authorization on "Notification Service".

Data Collection and Usage
CMB Wing Lung Insurance collects personal data from the CMB Wing Lung Insurance s APP users on a voluntary basis. Personal information may include name, title, e-mail address, etc. The information is used by CMB Wing Lung Insurance for the purposes indicated in the respective screens in which customers are invited to provide personal data and in the enclosed Notice to Customers relating to the Personal Data (Privacy) Ordinance (“Notice to Customers”). Personal information held by CMB Wing Lung Insurance is kept confidential and CMB Wing Lung Insurance does not use customers' personal information for any purposes other than those already specified to customers herein or in CMB Wing Lung Insurance 's Notice to Customers or unless such usage is permitted or required by law.

When an individual uses this APP, CMB Wing Lung Insurance records such use only as a "hit" but does not capture any personal identifiable information about the user. CMB Wing Lung Insurance gathers and analyzes this information to compile general statistics about usage of CMB Wing Lung Insurance’s APP. CMB Wing Lung Insurance also collects information about the use by means of cookies files (Cookies are small pieces of data transmitted to and stored in the user’s smart phone). The data obtained would be used for APP personalization and marketing. Cookies can not retrieve information stored in the user’s smart phone. The user has a choice not to accept the cookies files, but if this is the case, certain functionality may not be available.

Data Disclosure Restrictions
CMB Wing Lung Insurance follows strict privacy procedures in regard to protection of personal data.No disclosure of personal identifiable information to third parties is allowed unless the related customer has been previously informed or the disclosure is permitted or required by any law binding on CMB Wing Lung Insurance .

Data Retention
CMB Wing Lung Insurance retains all records of online transactions for validation and auditing purposes. Information that is no longer required is destroyed.

Data Security
All personal data provided to CMB Wing Lung Insurance is secured with restricted access by authorized personnel. Encryption technology is employed for sensitive data to protect customers' privacy during data transmission.

Contact Us
Request for access to data or correction of data or for information regarding policies and practices and kinds of data held should be addressed to:
Data Protection Officer
CMB Wing Lung Insurance Company Limited
33/F, Infinitus Plaza, 199 Des Voeux Road Central Hong Kong

Interpretation
In this statement, "CMG" means CMB Wing Lung Bank Limited (“CMB Wing Lung Bank”) or its successor, any subsidiary undertaking of CMB Wing Lung Bank, any related company of CMB Wing Lung Bank, any associated company of CMB Wing Lung Bank, any direct and/or indirect parent undertaking of CMB Wing Lung Bank, any subsidiary undertaking of any such parent undertaking, any of their related companies, any of their associated companies including, for the avoidance of doubt, undertakings within the group of China Merchants Group Ltd (and "CMG member" shall be construed accordingly); and
The expressions "subsidiary undertaking", "parent undertaking" and "undertaking" bear the meanings under the Companies Ordinance (Cap.622).
CMB Wing Lung Insurance Company Limited

Notice to Customers relating to the Personal Data (Privacy) Ordinance (the “Ordinance”)

CMB Wing Lung Insurance Company Limited (the “Company”) is a wholly owned subsidiary of CMB Wing Lung Bank Limited (the “Bank”), a CMG member (as defined in paragraph 10 below). In compliance with the Personal Data (Privacy) Ordinance, the Company would wish to inform you of the following:

1. From time to time, it is necessary for customers, potential customers and various other individuals (including without limitation applicants for insurance products and services, insured, claimant, sureties, guarantors, shareholders, directors, officers and managers of corporate customers or applicants, and sole proprietors or partners of applicants and other contractual counterparties) (collectively, "data subjects") to supply the Company with data in connection with various matters including without limitation the application for and provision of insurance or financial products or services, administration of policies and other insurance and financial services.

2. Failure to supply such data may result in the Company being unable to process the insurance applications or continue to provide the insurance products or services and/or the related services for its customers.

3. The purposes for which data relating to a data subject may be used will vary depending on the nature of the data subject’s relationship with the Company, which may comprise all or any one or more of the following purposes:
(i) processing and evaluating applications for insurance products and services, arranging a contract of insurance and managing the account of data subject;
(ii) providing insurance products and services to data subject and processing request made by data subject in relation to the insurance products and services offered by the Company, including but not limited to alteration, variation, cancellation or renewal of any insurance related products or services;
(iii) processing, adjudicating and defending insurance claims as well as conducting any incidental investigation;
(iv) exercising any right of subrogation;
(v) performing functions and activities incidental to the provision of insurance products and services such as identity verification, data matching and reinsurance arrangements;
(vi) exercising the Company’s rights in connection with the provision of insurance products and services to data subject from time to time;
(vii) conducting market, service or product analysis or researching; designing, developing or improving insurance products and services of the Company for data subjects’ use;
(viii) marketing services, products and other subjects (in respect of which the Company may or may not be remunerated) (please see further details in paragraph 5 below);
(ix) verifying data subjects’ identities with the bank of any merchant in connection with any credit card payment or transaction;

(x) complying with the obligations, requirements or arrangements for disclosing and using data that apply to the Company or the CMG or any CMG member that it is expected to comply according to:
(1) any law binding or applying to it within or outside the Hong Kong Special Administrative Region existing currently and in the future;
(2) 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 insurance or financial services providers within or outside the Hong Kong Special Administrative Region existing currently and in the future;
(3) 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 insurance or financial services providers that is assumed by or imposed on the Company or the CMG or any CMG member by reason of its financial, commercial, business or other interests or activities in or related to the jurisdiction of the relevant local or foreign legal, regulatory, governmental, tax, law enforcement or other authority, or self-regulatory or industry bodies or associations of insurance or financial services providers;
(xi) complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the CMG and/or any other use of data and information in accordance with any group-wide programmes for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;
(xii) enabling an actual or proposed assignee of the Company (including their legal, accounting and/or commercial advisers), or participant or sub-participant of the Company's rights in respect of the data subjects (including legal, accounting and/or commercial advisers to such participant or sub-participant) to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
(xiii) for reasonable internal management purposes (including without limitations, the defence of claims and the monitoring of the quality and efficiency of services offered or provided by the Company and the CMG); and
(xiv) purposes relating thereto.

4. The data of a data subject may be processed, kept and transferred or disclosed in and to any country (in or outside Hong Kong) as the Company, the CMG or any of the transferees contemplated in paragraph 3 may consider appropriate for the purposes set out under paragraph 3. Such data may also be released or disclosed in accordance with the local practices and laws, rules and regulations (including any governmental acts and orders) to which the Company, the CMG and/or such contemplated transferees are subject to the applicable jurisdiction (inside or outside Hong Kong). Data held by the Company relating to data subjects will be kept confidential but the Company is authorized to provide the data of a data subject to the following parties whether inside or outside Hong Kong for the purposes set out in paragraph 3:
(i) any agent, contractor or third party service provider who provides administrative, management, telecommunications, computer, payment, security, custodian, investigation, debt collection, customer due diligence, anti-money laundering screening or other services to the Company in connection with the operation of its business as well as other services related to the provision of insurance products and services such as medical service providers, emergency assistance service providers, mailing houses, IT service provider, loss adjusters, claim investigators, debt collection agencies and professional advisers;
(ii) insurance intermediaries of the data subject;
(iii) insurance reference bureaus or credit reference agencies;
(iv) reinsurers or reinsurance companies with whom the Company has or proposes to have dealings;
(v) any other person under a duty of confidentiality to the Company or the CMG including a CMG member which has undertaken to keep such information confidential;
(vi) any person to whom the Company or the CMG is under an obligation or otherwise required to make disclosure under the requirements of any law binding on or applying to the Company or the CMG, or any disclosure under and for the purposes of 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 insurance or financial services providers with which the Company or the CMG is expected to comply, or any disclosure pursuant to any contractual or other commitment of the Company or the CMG with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of insurance or financial services providers, all of which may be within or outside the Hong Kong Special Administrative Region and may be existing currently and in the future;
(vii) any actual or proposed assignee of the Company (including their legal, accounting and/or commercial advisers) or participant or sub-participant or transferee of the Company's rights (including their legal, accounting and/or commercial advisers) in respect of the data subject;
(viii) any party giving or proposing to give a guarantee or third party security to guarantee or secure the data subjects' obligations;
(ix) the bank of any merchant in connection with any credit card payment or transactions for the purpose of verifying the identity of the cardholder;
(x) any CMG member in Hong Kong or other jurisdiction(s);
(xi) (1) third party financial institutions, insurers, credit card companies, securities and investment services providers;
(2) third party reward, loyalty, co-branding and privileges programmes providers;
(3) co-branding partners of the Company and the CMG (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be);
(4) charitable or non-profit making organizations; and
(5) 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 Company engages for the purposes set out in paragraph 3(viii); and
(xii) any other person (x) where public interest requires; or (y) with the express or implied consent of the data subject.

5. USE OF DATA IN DIRECT MARKETING
The Company intends to use the data subject’s data in direct marketing and the Company requires the data subject’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
(i) the name, contact details, products and services portfolio information, transaction pattern and behaviour, financial background and demographic data of a data subject held by the Company from time to time may be used by the Company in direct marketing;
(ii) 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 or privileges programmes and related services and products;
(3) services and products offered by the Company’s co-branding partners (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
(4) donations and contributions for charitable and/or non-profit making purposes;
(iii) the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by the Company and/or:
(1) the CMG member;
(2) third party financial institutions, insurers, credit card companies, securities and investment services providers;
(3) third party reward, loyalty, co-branding or privileges programme providers;
(4) co-branding partners of the Company and any the CMG member (the names of such co-branding partners can be found in the application form(s) for the relevant services and products, as the case may be); and
(5) charitable or non-profit making organisations;
(iv) in addition to marketing the above services, products and subjects itself, the Company also provides and/or intends to provide the data described in paragraph 5(i) above to all or any of the persons described in paragraph 5(iii) above for use by them in marketing those services, products and subjects, and the Company requires the data subject’s written consent (which includes an indication of no objection) for that purpose;
(v) the Company may receive money or other property in return for providing the data to the other persons in paragraph 5(iv) above and, when requesting the consent of the data subject or no objection as described in paragraph 5(iv) above, the Company will inform the data subject if it will receive any money or other property in return for providing the data to the other persons.
If a data subject does not wish the Company to use or provide to other persons his/her data for use in direct marketing as described above, the data subject may exercise his/her opt-out right by notifying the Company.

6. Under and in accordance with the terms of the Ordinance, any data subject has the right:
(i) to check whether the Company holds data about him and access to such data;
(ii) to require the Company to correct any data relating to him which is inaccurate; and
(iii) to ascertain the Company's policies and practices in relation to data and to be informed of the kind of personal data held by the Company.

7. In accordance with the terms of the Ordinance, the Company has the right to charge a reasonable fee for the processing of any data access request.

8. 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 is:
The Data Protection Officer
CMB Wing Lung Insurance Company Limited
33/F, Infinitus Plaza, 199 Des Voeux Road Central Hong Kong
Fax: 2526 7045

9. Nothing in this Notice shall limit the rights of data subjects under the Ordinance.

10. In this Notice, the following terms shall have the following meanings:
"CMG" means the Bank or its successor, any subsidiary undertaking of the Bank, any related company of the Bank, any associated company of the Bank, any direct and/or indirect parent undertaking of the Bank, any subsidiary undertaking of any such parent undertaking, any of their related companies, any of their associated companies including, for the avoidance of doubt, undertakings within the group of China Merchants Group Ltd (and "CMG member" shall be construed accordingly); and
The expressions "subsidiary undertaking", "parent undertaking" and "undertaking" bear the meanings under the Companies Ordinance (Cap.622, Laws of Hong Kong).

11. In case of any discrepancy between the English and Chinese versions, the English version prevails.