1. DISCLOSURE OBLIGATION
(a) HKFA Clearing Limited (collectively “HKFA Clear”) are committed to protect the personal information which the Customer provides in accordance with the Hong Kong Personal Data (Privacy) Ordinance (“HKPDPO”).
(b) Unless otherwise stated, the Customer must supply the personal data requested during the account opening processes. If the Customer does not supply this data, it will not be possible for the Customer to open an account with HKFA Clear as HKFA Clear will not have sufficient information to open and administer the Account.
2. USERS OF PERSONAL DATA
All personal data concerning the Customer data may be used by the following persons:
(a) HKFA Clear and/or any of its affiliates or associates;
(b) any director, officer or employee or agent of HKFA Clear;
(c) any nominee or custodian in whose name assets or other property may be registered;
(d) any contractor, agent or service provider which provides administrative, data processing, financial, computer, telecommunications, payment or securities clearing, lawyers, advisers, professional or other services authorized by HKFA Clear when carrying out the Customer’s Instructions and/or the business of HKFA Clear;
(e) any actual or proposed assignee of any rights and obligations of HKFA Clear in relation to the Customer;
(f) any governmental, regulatory or other bodies or institutions, whether as required by law or regulations applicable to any member of HKFA Clear; and
(g) any 3rd party designated or appointed by the Customer with reasons that are accepted by HKFA Clear.
3. PURPOSES OF COLLECTING PERSONAL DATA
All personal data concerning the Customer may be used by any user for the following purposes:
(a) providing Customer with our products or services;
(b) verifying Customer’s identity as part of initial and ongoing KYC (know your customer) due diligence process and performing our obligations under the anti-money laundry laws and regulations;
(c) designing further products and services or marketing existing or future products and services of HKFA Clear to the Customer.
(d) forming part of the records of the customer of HKFA Clear to whom the data may be passed;
(e) transferring of such data to any place outside Hong Kong;
(f) providing on the terms of any other agreements and services relating to the Customer;
(g) any purpose relating to or in connection with compliance with any law, regulation, court order or order of any regulatory body; and
(h) any other purpose relating to the execution of the Customer’s Instructions or in connection with the business or dealings of HKFA Clear.
(i) other purposes related or incidental to any one or more of the above.
4. USE OF DATA IN DIRECT MARKETING
(a) HKFA Clear intends to use the Customer’s data in direct marketing and HKFA Clear requires the Customer’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
(i) The name, age group, contact details (including phone number, residential/mailing address and email address), products and services portfolio information, transaction pattern and behavior, financial background and demographic data of a Customer held by HKFA Clear from time to time may be used by HKFA Clear in direct marketing;
(ii)The following classes of services, products and subjects may be marketed:
(a) financial products and commodity related services and products as well as any associated promotional offers;
(b) reward, loyalty or privileges programmes and related services and products;
(c) services and products offered by HKFA Clear’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
(d) 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 donation and contributions) solicited by HKFA Clear and/or:
(a) any HKFA Clear Group member;
(b) third party financial institution, commodity services or trading platforms providers;
(c) third party reward, loyalty, co-branding or privileges programme providers;
(d) co-branding partners of HKFA Clear and the HKFA Clear Group 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
(e) charitable or non-profit making organizations;
(iv) in addition to the marketing the above services, products and subjects itself, HKFA Clear also intends to provide the data described in paragraph 4(a)(i) above to all or any of the persons described in paragraph 4(a)(iii) above for use by them in marketing those services, products and subjects, and HKFA Clear requires the Customer’s written consent (which includes an indication of no objection) for that purpose;
(b) If a Customer does not wish HKFA Clear to use or provide to other persons his/her data for use in direct marketing as described above, the Customer may exercise his/her opt-out right by notifying the Data Protection Officer of HKFA Clear via the below contact details.
5. RIGHTS OF ACCESS AND CORRECTION
The Customer has the right to have access to and correction of the Customer’s personal data as set out HKPDPO. In general, and subject to certain exemptions, the Customer is entitled to:
(a) enquire whether HKFA Clear holds personal data in relation to the Customer;
(b) request access to the Customer’s personal data within a reasonable time, at a fee which is not excessive, in a reasonable manner and in a form that is intelligible;
(c) request the correction of the Customer’s personal data; and
(d) be given reasons if a request for access or correction is refused, and object to any such refusal.
6. CONTACT PERSON
If the Customer wishes to request access to and/or correction of personal data concerning the Customer, the Customer should address the request to the Data Protection Officer at HKFA Clear:
The Data Protection Officer
14/F, 200 Queens Road Central, Central, Hong Kong
Tel: (852) 2110 3909
Fax: (852) 2110 0616
In case of any discrepancy between the English and Chinese versions, the English version shall prevail.