This Statement is made by Plouton Asset Managment Limited (“PAML”) (as defined below) in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (the “Ordinance”). The Statement is intended to notify data subjects (as defined below) of why personal data is collected, how it will be used and to whom data access requests are to be addressed.
1. From time to time, it is necessary for data subjects or other relevant persons to supply PAML with personal data of data subjects in connection with the opening or continuation of accounts, the establishment or continuation of trading or credit facilities or provision of financial, securities, commodities, derivatives, futures, options, investment, financing, insurance, MPF/ORSO, wealth management, asset management, investor education programmes/games and related advisory or other services, products and facilities.
2. Failure to supply such data may result in PAML being unable to open or continue accounts or establish or continue trading or credit facilities or provide the services, products or facilities mentioned in Clause 1 above.
3. It is also the case that data are collected from data subjects or other relevant persons in the ordinary course of the continuation of the business relationship or other dealing between data subjects or such relevant persons and PAML. When using PAML’s website, a data subject’s data (including online identifiers) and information on his/her browsing activities are collected and tracked by using cookies and other technologies.
4. The purposes for which data relating to data subjects may be used, and processed (whether within or outside Hong Kong) are as follows:
(i) the daily operation of the services and facilities provided to data subjects;
(ii) conducting credit checks;
(iii) assisting other financial institutions to conduct credit checks;
(iv) ensuring ongoing credit worthiness of data subjects;
(v) designing and conducting survey, statistical and data analysis to enhance and customize the services, products or facilities mentioned in Clause 1 above for data subjects’ use;
(vi) marketing the services, products and facilities mentioned in Clause 1 above (details of the use or provision of personal data by PAML for direct marketing purposes are set out in Clause 6 below);
(vii) determining the amount of indebtedness owed to or by data subjects;
(viii) collection of amounts outstanding from data subjects and those providing guarantee or security for data subjects’ obligations;
(ix) meeting the requirements to make disclosure under the requirements of any legal and/or regulatory requirements or court orders binding on PAML;
(x) enabling PAML to comply with any applicable laws, rules, regulations, industry practices, legal obligations, or any requirements, requests, codes, guidance or guidelines of any exchanges or any regulatory, tax, law enforcement or government bodies in any jurisdiction to which PAML is subject (such as guidelines issued by the Hong Kong Inland Revenue Department for the implementation of automatic exchange of financial account information (AEOI) and the U.S. Foreign Account Tax Compliance Act (FATCA);
(xi) complying with any obligations, requirements, policies, procedures, guidelines, measures or arrangements for sharing data and information within the Group and/or any other use of data and information in accordance with any programmes for sanctions, prevention or detection of money laundering, terrorist financing, tax evasion or other unlawful activities; and
(xii) purposes relating to any of the above.
5. Data held by PAML relating to a data subject will be kept confidential but PAML may provide such data to the following parties (whether within or outside Hong Kong):
(i) any agent, contractor or third party service provider who provides administrative, telecommunications, computer, financial, trade execution, cash, securities and/or contracts clearing or settlement or other services to PAML in connection with the operation of its business;
(ii) any other person under a duty of confidentiality to PAML including but not limited to any member of the Group which has undertaken to keep such information confidential;
(iii) any financial institution or dealer with which the data subject has or proposes to have dealings;
(iv) any credit reference agency and in the event of default, any debt collection agency;
(v) any actual or proposed assignee of PAML or participant or sub-participant or transferee of PAML’s rights in respect of the data subjects;
(vi) any person providing or proposing to provide guarantee or security for a data subject’s obligations; and
(vii) any exchange, entity, agency or any regulatory, tax, law enforcement or government body in any jurisdiction (whether for the performance of its regulatory, surveillance and/or enforcement function or otherwise) if required by law or pursuant to any court orders, rules, regulations, legal obligations, requirements, requests, codes, guidance or guidelines to which PAML is subject. In such cases, PAML is usually under a duty of secrecy and will not be able to notify a data subject or seek his/her consent in relation to such release of information.
6. USE OF DATA IN DIRECT MARKETING
PAML intends to use but will only use a data subject’s personal data in direct marketing with the data subject’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
(i) the data subject’s personal data such as the data subject’s name, telephone number, email address, correspondence address, account number, online identifiers, products and services portfolio information, transaction pattern and behaviour, risk profile, financial background and investment objectives and experience may be used by PAML in direct marketing;
(ii) the following classes of services, products, facilities and marketing subjects may be marketed:
(1) financial, securities, commodities, derivatives, futures, options, investment, financing, insurance, MPF/ORSO, wealth management, asset management, investor education programmes/games and related advisory or other services, products and facilities;
(2) reward, loyalty or privileges programmes and related services, products and facilities;
(3) services, products and facilities offered by business partners of any member of the Group providing any of the services, products and facilities referred to in Clause 6(ii)(1) above; and
(4) donations and contributions for charitable and/or nonprofit making purposes;
(iii) the above services, products, facilities and marketing subjects may be provided or (in the case of donations and contributions) solicited by PAML and/or any of the following persons:
(1) any member of the Group;
(2) third party financial institutions and providers of any of the services, products and facilities referred to in Clause 6(ii)(1) above;
(3) third party reward, loyalty, co-branding or privileges programme providers;
(4) business partners of any member of the Group providing any of the services, products and facilities referred to in Clause 6(ii)(1) above; and
(5) charitable or non-profit making organisations;
(iv) PAML intends to provide but will only provide the personal data described in Clause 6(i) above to any of the persons referred to in Clause 6(iii) above for use by any of them in direct marketing of the services, products, facilities and marketing subjects referred to in Clause 6(ii) above with the data subject’s written consent (which includes an indication of no objection). PAML may so provide the personal data to such persons for direct marketing purposes for gain (whether in the form of any fee, commission, benefit or otherwise).
If a data subject wishes PAML to cease to use his/her personal data and/or provide it to other persons for use in direct marketing, the data subject may notify PAML in writing by mailing or faxing the written notification to the postal address or fax number provided in Clause 13 below. PAML shall then cease to use and/or provide his/her personal data for direct marketing purposes without any charge.
7. Data subjects agree that PAML may from time to time transfer data subjects’ personal data outside Hong Kong for any of the purposes stated in Clauses 1 to 6 above. Furthermore, personal data may be transferred to countries located outside the European Union (EEA) which do not provide a similar level of protection to that provided by countries in the EEA. PAML will take reasonably necessary steps to ensure that personal data are treated with adequate level of protection and in accordance with this Statement.
8. Where you provide personal data of other data subjects to PAML, you undertake and represent that you have notified and obtained necessary consents from such data subjects for the collection, use and processing of such data subjects’ personal data by PAML in accordance with this Statement, and in so notifying and obtaining the necessary consents from such data subjects, you shall fully comply with all applicable personal data protection laws of relevant jurisdictions including but not limited to the Ordinance. You agree to provide PAML with evidence of such consents promptly as and when requested by PAML.
9. There may be instances where data subjects elect to provide personal information to PAML through electronic means (such as Internet or voice recording system). Whilst PAML generally uses best endeavours to maintain the security and integrity of its systems, due to many unpredictable traffic or other reasons, electronic communication may not be a reliable medium of communication. Data subjects should take heed of such weaknesses and communicate personal information through electronic devices with caution.
10. PAML retains personal data for only so long as it is necessary for the fulfillment of the purposes for which the data are used as stated in this Statement or longer if required by any legal or regulatory requirement or as is otherwise necessary.
11. Under and in accordance with the terms of the Ordinance, an individual has the right to:
(i) check whether PAML holds data about him/her and the right of access to such data;
(ii) require PAML to correct any data relating to him/ her which is inaccurate; and
(iii) ascertain PAML’s policies and practices in relation to data and to be informed of the kind of personal data held by PAML.
If an individual is in a member state of the European Union (EU), subject to certain limitations and/or restrictions, the General Data Protection Regulation (GDPR) may be applicable to the individual and the individual has the right under GDPR to:
(i) request access to and rectification or erasure of his/her personal data;
(ii) obtain restriction of processing or to object to processing of his/her personal data;
(iii) the right to data portability;
(iv) withdraw the consents that he/she has given for the processing of his/her personal data in certain circumstances; and
(v) lodge a complaint about the processing of his/her personal data with his/her local data protection authority.
12. In accordance with the terms of the Ordinance, PAML has the right to charge a reasonable fee for the processing of any data access request.
13. The person to whom requests for ceasing to use of personal data in direct marketing, access to data, correction of data or information regarding policies and practices and kinds of data held, exercising any of the above rights or raising complaints are to be addressed as follows:
Plouton Asset Management Limited
1713B-1714, 17/F, Hong Kong Plaza, No. 188 Connaught Road West, Western District, Hong Kong
Tel : (852) 2804 2968
Fax : (852) 3104 9938
14. This Statement may be revised, amended or supplemented from time to time by PAML. The most up-to-date statement can be found in PAML’s website at www.ploutonam.com or available from PAML upon written request. The contents of this Statement (as revised, amended and supplemented from time to time) shall apply to all data subjects and form part of any terms and conditions governing the relationship between PAML and the data subjects concerned from time to time.
15. In this Statement, all references to “PAML” refer to Plouton Asset Management Limited, and all references to “the Group” refer to PAML together with their respective holding companies, subsidiary companies, associated companies and affiliated companies collectively or individually whether in or outside of Hong Kong. All references to “data subjects” include individuals who are prospective or existing customers or counterparties of any PAML company; authorized signatories, beneficial owners, directors, shareholders, controllers, officers, staff members; visitors to PAML’s website; individuals who participate in promotion, contest, investor education programme or game; and persons referred to in Clause 5(vi) above.
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