DATA PRIVACY POLICY AND PERSONAL INFORMATION COLLECTION STATEMENT
Huatai Financial Holdings (Hong Kong) Limited (referred to hereinafter as “Huatai”) and its holding companies, subsidiaries, affiliates or business partners of Huatai, whether in Hong Kong or elsewhere (“Associates”) recognizes its responsibilities in relation to the collection, holding, processing, use and/or transfer of its Data Subject’s personal data under the Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”).
The term “Data Subject” refers to the individual who is the subject of the personal data received by Huatai and/or its Associates.
The term “personal data” refers to any data (i) relating directly or indirectly to the Data Subject; (ii) from which it is practicable for the identity of the Data Subject to be directly or indirectly ascertained; and (iii) in a form in which access to or processing of the data is practicable.
Please note that failure by the Data Subject to supply such data may result in Huatai being unable to open or continue operation of the relevant accounts on behalf of the Data Subject (the “Account”), to provide the information, products or services as requested by the Data Subject or comply with any laws or guidelines issued by regulatory or other authorities.
Purpose: From time to time, it is necessary for Huatai to collect the Data Subject’s personal data which may be used, stored, processed, transferred, disclosed or shared by Huatai for any one or more of the following purposes (“Purposes”), including:
1. the daily operation of the facilities, services or products provided to the Data Subject and the Account;
2. designing financial services or related products for the Data Subject’s use;
3. processing and evaluating any applications or requests made by the Data Subject for facilities/products/services offered by Huatai or its Associates;
4. providing subsequent services to the Data Subject, including but not limited to administering the facilities/products/services provided by Associates and policies issued herewith;
5. any purposes in connection with any claims made by or against or otherwise involving the Data Subject in respect of any products/services provided by Huatai and/or its Associates;
6. conducting one-off or regular credit checks, maintaining credit history and ensuring ongoing credit worthiness;
7. assisting other institutions to conduct credit checks and collect debts;
8. determining the amount of indebtedness owed to or by the Data Subject;
9. collecting amounts outstanding from the Data Subject and those providing security for the Data Subject’s obligation;
10. evaluation of the Data Subject’s investment experience (if any), investment objective, risk appetite and financial needs;
11. offering, providing and marketing the products/services of Huatai or its Associates (refer to “Use and provision of personal data in direct marketing” below) to the Data Subject, and administering, maintaining, managing and operating such products/services;
12. making disclosure as required by any applicable law, rules, regulations, codes of practice or guidelines or to assist in law enforcement purposes, investigations by police or other government or regulatory authorities in Hong Kong or elsewhere;
13. carrying out other services in connection with the operation of Huatai and/or its Associate’s business;
14. complying with the obligations, requirements or arrangements for disclosing and using data that apply to Huatai or that it is expected to comply according to:
(a) any law binding or applying to it within or outside Hong Kong existing currently and in the future;
(b) 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 financial service providers within or outside Hong Kong existing currently and in the future;
(c) any present or future contractual or other commitment with local or foreign legal, regulatory, governmental, tax, law enforcementor other authorities, or self-regulatory or industry bodies or associations of financial service providers that is assumed by or imposed on Huatai 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;
15. complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within Huatai and its Associates and/or any other use of data and information in accordance with any regulations for compliance with sanction purposes or prevention or detection of money laundering, terrorist financing or other unlawful activities;
16. enabling an actual or potential assignee of all or any part of the business and/or asset of Huatai or participant or sub-participant of Huatai’s rights in respect of the Data Subject, to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation;
17. managing, monitoring and assessing the performance of any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or securities clearing or other services to Huatai in connection with the establishment, operation, maintenance or provision of facilities, products and services; and
18. other purposes directly relating to any of the above.
Transfer of personal data:Huatai will duly keep all personal data of the Data Subject confidential but, subject to the provisions of any applicable law, may provide such data to:
1. any of Huatai’s Associates, third party financial institutions, third party securities and investment services providers, Huatai’s co-branding partners, charitable or non-profit making organisations, the Data Subject’s broker, industry associations or federations, fund manager company or financial institutions within Hong Kong or elsewhere and in this regard the Data Subject consents to the transfer of its data outside Hong Kong (including People’s Republic of China);
2. credit reference agencies to ensure the credit worthiness of the Data Subject, creating and maintaining credit and risk related models, providing the personal data to credit reference agencies for the purposes of conducting credit checks and other directly related purposes, determining the amount of indebtedness owed to or by the Data Subject and collection of amounts outstanding from the Data Subject and those providing security for the Data Subject’s obligations;
3. any person (including private investigators) in connection with any claims made by or against or otherwise involving the Data Subject in respect of any products/services provided by Huatai and/or its Associates;
4. any agent, contractor or third party who provides administrative, telecommunications, computer, payment or securities clearing, technology or other services (including direct marketing services) to Huatai and/or its Associates in Hong Kong or elsewhere (including People’s Republic of China), who also has a duty of confidentiality to the same extent as Huatai, as mentioned above;
5. any actual or proposed assignee, transferee, participant or sub-participant of Huatai’s rights or business; and
6. any government department, other appropriate governmental or regulatory authority, or self-regulatory industry body or associations of financial services providers, in Hong Kong or elsewhere (including People’s Republic of China).
For Huatai’s policy on using the Data Subject’s personal data for marketing purpose, please see the section below “Use and provision of personal data in direct marketing”.
Transfer of the Data Subject’s personal data will only be made for one or more of the Purposes specified above.
Use and provision of personal data in direct marketing: Huatai intends to use the Data Subject’s data in direct marketing and Huatai requires the Data Subject’s consent (which includes an indication of no objection) for this purpose. In light of this purpose, Huatai intends to:
1. use the Data Subject’s name, contact details, products and services portfolio information associated with the Account, transaction pattern and behavior, financial background and demographic data held by Huatai from time to time for direct marketing;
2. conduct direct marketing in relation to the following classes of products and services that Huatai, or its Associates may offer:
a. financial services, securities, investment services, insurance services, retirement planning services and other wealth management related products and services;
b. reward, loyalty, co-branding or privileges programmes and related products and services;
c. wealth management or non-wealth management related seminars, events or other activities;
d. products and services offered by Huatai’s co-branding partners; and
e. donations and contributions for charitable and/or non-profit making purposes.
3. the above products and services may be provided by :
a. Huatai and/or any of Huatai’s Associates;
b. third party financial institutions, insurers, insurance agents, insurance brokers, securities and investment services providers;
c. the business partners / co-branding partners of Huatai and/or Associates providing the product and services set out in (2) above;
d. third party reward, loyalty or privileges programme providers supporting Huatai or any of the above listed entities; and/or
e. charitable or non-profit making organisations.
4. in addition to marketing the above products and services, Huatai also intends to provide the data described in (1) above to all or any of the persons described in (3) above for use by them in marketing those products and services, and Huatai requires the Data Subject’s written consent (which includes an indication of no objection) for that purpose;
5. Huatai may receive money or other property in return for providing the data to the other persons in (4) above and, when requesting Data Subject consent or no objection as described in (4) above, Huatai will inform the Data Subject if it will receive any money or other property in return for providing the data to the other persons.
Before using the Data Subject’s personal data for the purpose and providing to the transferees set out above, Huatai must obtain the Data Subject’s written consent, and only after having obtained such written consent, may use and provide the Data Subject’s personal data for any promotional or marketing purpose.
The Data Subject may in future withdraw its consent to the use and provision of personal data for direct marketing.
The Data Subject may withdraw its consent by sending a notice to Huatai in writing to the address in the section on “Access and correction of personal data”. Huatai shall, without charges to the Data Subject, ensure that the Data Subject is not included in future direct marketing activities.
Access and correction of personal data: under the PDPO, the Data Subject has the right to ascertain whether Huatai holds the Data Subject’s personal data, to obtain a copy of the said data, and to correct any data that is inaccurate or has subsequently been changed. The Data Subject may also request Huatai to inform the Data Subject of the type of personal data held by Huatai.
All requests for access to, correction and changes of the Data Subject’s data held by Huatai or for information regarding policies and practices and kinds of data held by Huatai should be addressed in writing to:
Data Privacy Officer
Huatai Financial Holdings (Hong Kong) Limited
Unit 62/F
The Center,
99 Queen’s Road Central, Hong Kong
A reasonable fee may be charged to offset Huatai’s administrative and actual costs incurred in complying with the Data Subject’s data access requests mentioned above.
Recordkeeping: After termination of service or closure of the relevant account, Huatai shall continue to hold data relating to the Data Subject for a period of time as Huatai considers prudent or such other period as prescribed by applicable laws and regulations.
Circulate to all Data Subject(s): Please circulate this document to any and all Data Subject(s) relating to your account(s) at Huatai.
Should there be any inconsistencies between the English and Chinese versions of this document, the English version shall prevail.
