Circular Relating To Personal Data (Privacy) Ordinance

1. As a client (the “Client ”) of Fubon Fund Management (Hong Kong) Limited (the “Company”), it is necessary from time to time for the Client and various other individuals (including but not limited to applicants for services, shareholders, directors, officers and managers of corporate clients, and other contractual counterparties) (collectively, “Data Subjects”) to supply their personal data (“Personal Data”), within the meaning ascribed in the Personal Data (Privacy) Ordinance (Chapter 486 of the laws of Hong Kong) (the “Privacy Ordinance”) to the Company or members of the Company Group when opening or continuation of accounts, or in the establishment, continuation or provision of investment, dealing or related services.

2. Failure to supply Personal Data may result in the Company being unable to open or continue accounts or establish, continue or provide investment, dealing or related services.

3. Personal Data may also be collected in the ordinary course of continuation of the business relationship with Company Group.

4. Subject to the provisions of the Privacy Ordinance, any Personal Data may be used for the following purposes:

(a) the daily operation of the services provided to the Client;

(b) conducting verification and credit check procedures for the Client, and assisting other financial institutions in conducting these procedures;

(c) ensuring ongoing credit worthiness of the Client;

(d) marketing investment, dealing or related services or products;

(e) executing the Client’s Instructions or in connection with the business or dealings of the Company Group;

(f) establishing and maintaining the Company’s risk management related standards;

(g) ongoing account management, including but not limited to collection of debts and enforcement of guarantees, charges or other rights and interests;

(h) supporting any statements made in any documents in connection with the services of the Company;

(i) assisting other relevant parties, professionals, institutions or relevant regulatory authorities to verify certain facts in connection with the services of the Company;

(j) complying with any disclosure, reporting, payment, withholding of payment, filing or notification or other similar obligation pursuant to any judicial, statutory or regulatory requirement including compliance with applicable laws, regulations and guidelines, whether of Hong Kong or any other relevant jurisdiction, which the Company are bound by or any failure to comply with will result in adverse consequences (sanctions, penalties, imprisonment etc.) for the Company or Company’s officers and staff (for example, compliance with anti-money laundering, counter-terrorist financing, sanctions or anti-corruption laws) ;

(k) forming part of the records of the recipient of the data as to the business carried on by it; and

(l) any other purposes relating to or incidental to any of the above.

5. The Company will keep Personal Data confidential but the Company may provide Personal Data to the following persons in furtherance of the purposes set in the above paragraph (4) :

(a) any agent or third party service provider who provides services to the Company in connection with the operation of its business;

(b) an appropriate person under a duty of confidentiality to the Company including any Company Group which has undertaken to keep such information confidential;

(c) any person or institution with which the Client has or proposes to have dealings;

(d) credit reference agencies and debt collection agencies (in the event of default payment) ;

(e) any regulatory authorities or exchanges which relate to or govern any business of the Company and any Company Group;

(f) any assignee, transferee, delegate, successor or person to whom the account of the Client is transferred and the authorized person of the Client; and

(g) any of the Company’s actual or proposed assignee or participant or sub-participant or transferee.

6. The Company may collect information about the Client’s computer (or mobile device), including where available the Client’s IP address, operating system and browser type, for system administration or for the Company’s own commercial purposes. This is statistical data about the website visitors’ browsing actions and patterns.

7. The Company uses cookies and similar technologies to distinguish clients from other users of this site, to improve the Client’s experience when accessing this site, and to improve the site. Detailed information on the cookies the Company uses and the purposes for which the Company uses them are set out in the Cookies Policy.

8. The Personal Data may be transferred to any place outside Hong Kong, whether for the processing, holding or use of such data outside Hong Kong, and also to service providers which offer services to any Company Group in connection with the operation of its business.

9. To the extent permitted by law, the Personal Data collected by the Company from time to time may be used and disclosed in accordance with the Data Privacy Policy.

10. In accordance with the terms of the Privacy Ordinance, any individual has the right to:

(a) check whether the Company holds data about him/her and access to such data;

(b) require the Company to correct any data relating to him/her which is inaccurate;

(c) ascertain the Company’s policies and practices in relation to data and be informed of the kind of personal data held by the Company; and

(d) in relation to client credit, request to be informed by the Company which items of personal 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.

11. The Company uses a range of measures to keep the Client’s information safe and secure which may include encryption and other forms of security. The Company require its staff and any third parties who carry out any work on our behalf to comply with appropriate compliance standards including obligations to protect any information and applying appropriate measures for the use and transfer of information.

12. Please note that the Company may not be able to use the Data Subject’s personal data and/or information for direct marketing purposes unless it has received the Data Subject’s consent. By signing and agreeing to be bound by this Data Privacy Policy, the Data Subject is deemed to have given the Company its consent for the above uses and purposes. The Company may use the Data Subject’s Data for direct marketing and promotion of existing and future services of the Company, its affiliates, or any of its group companies which may or may not be remunerated. The Company shall cease using Data in direct marketing if so requested by the Data Subject without any charge. Any such request can be sent to the Company’s staff at Flat D, 19/F, Lee & Man Commercial Center, 169 Electric Road, North Point, Hong Kong.

13. In accordance with the Privacy Ordinance, the Company has the right to charge a reasonable fee for the processing of any data access request. All requests for access of data or correction of data (when the Data Subject considers that its personal data, supplied by the Company following a data access request, are inaccurate) or for information regarding policies and practices and kinds of data held should be addressed as follows:

The Data Protection Officer
Fubon Fund Management (Hong Kong) Limited
Flat D, 19/F, Lee & Man Commercial Center,
169 Electric Road, North Point, Hong Kong
Tel: (852) 2881-4505

By visiting this website, you agree to be bound by this Data Privacy Policy and the Company reserves its absolute right to amend this Data Privacy Policy from time to time. In case of discrepancies between the English and Chinese versions, the English version shall prevail.

Copyright 2020 Fubon Fund Management (Hong Kong) Limited. All rights reserved.