Security and privacy
Pursuant to the Personal Data (Privacy) Ordinance (the “Ordinance”), the following information is provided to you in connection with your dealings with and provision of data or information to FIL Investment Management (Hong Kong) Limited or its holding company, representative offices, subsidiaries and affiliates from time to time (“Fidelity”). Please be aware that this Statement replaces any notice or statement of similar nature that may have been provided to you previously. Fidelity is committed to maintaining your personal data in accordance with the requirements of the Ordinance and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure and destruction.
(a) From time to time, it is necessary for clients and various other individuals (“data subjects”) to supply Fidelity with data in connection with various matters such as account opening or continuations, or provision of services to clients and other individuals.
(b) Although it is not generally obligatory for a data subject to provide personal data, failure to supply such data may result in Fidelity being unable to open an account or continue services to clients and various other individuals or comply with any laws or guidelines issued by regulatory or other authorities.
(c) Data relating to the data subjects are collected or received by Fidelity from time to time in the ordinary course of the continuation of Fidelity’s relationship with them, for example, when data subjects open account, write cheques, transfes funds, effect transactions, attend seminar/events or generally communicate verbally or in writing by data subjects with Fidelity.
(d) 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 Fidelity. They may comprise any or all of the following purposes:
(i) the processing of applications for an account with and/or other financial services provided by Fidelity; (ii) enabling Fidelity to ensure the daily operation of the services provided to the data subjects; (iii) researching, designing and launching financial, investment, wealth management, securities, retirement and insurance services or related products for data subjects’ use;
(iv) promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in paragraph (e) below; (v) providing alerts, newsletter and investment education materials requested/signed up by the data subjects; (vi) designing and organising financial, investment seminars/events/forums; (vii) designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision of services by Fidelity; (viii) meeting the disclosure and compliance requirements under any laws or regulatory requirements applicable to Fidelity or any of its affiliates in Hong Kong or elsewhere from time to time; (ix) complying with any law binding or applying to Fidelity within or outside of Hong Kong existing currently and in the future, as well as any present or future contractual or other obligations or requirements with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities that is assumed by or imposed on Fidelity by reason of its financial, commercial or business activities in or related to the jurisdiction of the relevant local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities; (x) any purpose related to the administration of the products offered by Fidelity or the data subject’s participation therein; (xi) enabling a potential purchaser of all or any part of the business or shares of Fidelity to evaluate the transaction intended to be the subject of the purchase; and (xii) purposes directly related or incidental to the above, including seeking professional advices.
(e) USE OF DATA IN DIRECT MARKETING
Fidelity intends to use the data subject’s data in direct marketing and Fidelity 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 (including residential address, correspondence address, permanent address (if applicable), contact/mobile phone number, email address), products and services portfolio information, transaction pattern and behaviour, financial background and demographic data of the data subject held by Fidelity from time to time may be used by Fidelity in direct marketing; (ii) the following classes of services, products and subjects may be marketed in direct marketing: (1) financial, investment, wealth management, securities, retirement, insurance and related services and products; (2) reward, loyalty or privileges programmes, promotional offers and related services; and (3) invitations to financial and investment seminars/events/forums.
(f) Data collected may be maintained for such period as may be required under applicable laws or as otherwise needed to fulfill any of the purposes set out in paragraph (d) above.
(g) Data held by Fidelity relating to a data subject will be kept confidential but Fidelity may provide such information to the following parties whether inside or outside Hong Kong for the purposes set out in paragraph (d):
(i) the ultimate holding company of Fidelity, its subsidiaries, representative offices and/or affiliates of Fidelity; (ii) the service providers of Fidelity including the registrar, transfer agent, the custodian, administrative service agent, share distributors, securities and investment service providers and the auditor of each products offered by Fidelity; (iii) any agent, contractor or third party service provider who provides administrative, research, design, launch, telecommunications, printing, lettershopping, mailing, computer, payment, securities clearing and settlement or other services to Fidelity in connection with the operation of its business; (iv) the intermediaries of Fidelity including third party financial institutions (e.g. banks, Independent Financial Advisors, insurers), third party product issuers, correspondent banks which may handle or process payment to/from data subjects; (v) the employees, officers, directors and agents of Fidelity; (vi) any party (including but not limited to, any regulatory authorities, governmental authorities, tax, law enforcement authorities) entitled thereto by law or regulation (whether statutory or not); (vii) (1) Fidelity’s group companies; and
(2) external service providers (including but not limited to printing houses, mailing houses, telecommunication companies, public relation companies, advertising agency, telemarketing companies, data processing companies, storage companies, call centres, market research firms, and information technology companies), that Fidelity engages for the purposes set out in paragraph (e).
(h) Under the Ordinance, any individual has the right: (i) to check whether Fidelity holds data about him or her, and of access to such data; (ii) to require Fidelity to correct any data relating to him or her which is inaccurate; (iii) to ascertain Fidelity’s policies and practices in relation to data and to be informed of the kind of personal data held by Fidelity; (iv) to object to the use of his/her personal data for marketing purposes and Fidelity shall not use his/her personal data for marketing purposes after he/she communicates his/her objection to Fidelity.
(i) In accordance with the terms of the Ordinance, Fidelity has the right to charge a reasonable fee for the processing of any data access request.
(j) You may exercise your opt-out right by notifying Fidelity if you wish to object to the use of your personal data for direct marketing purposes. The person to whom such objections, requests for access to data, correction of data or for information regarding policies and practices and kinds of data held are to be addressed as follows:
The Data Protection Officer
FIL Investment Management (Hong Kong) Limited
Level 21, Two Pacific Place
88 Queensway, Admiralty, Hong Kong
(k) Nothing in this Statement shall limit the rights of the data subject under the Personal Data (Privacy) Ordinance.