Common use of Data Policy Clause in Contracts

Data Policy. 1. As a client of the Delta Asia, it is necessary from time to time for the Client to supply his/her 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 Delta Asia 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 Delta Asia 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 Delta Asia. 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 credit checks; (C) ensuring ongoing credit worthiness of the Client; (D) marketing investment, dealing or related services or products; (E) supporting any statements made in any documents in connection with the services of the Delta Asia; (F) assisting other relevant parties, professionals, institutions or relevant regulatory authorities to verify certain facts in connection with the services of the Delta Asia; (G) meeting the requirements to make disclosures under the requirements of any laws and/or regulations binding on the Delta Asia; (H) forming part of the records of the recipient of the data as to the business carried on by it; and (I) any other purposes relating to or incidental to any of the above. 5. The Delta Asia will keep Personal Data confidential but the Delta Asia 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 Delta Asia in connection with the operation of its business; (B) an appropriate person under a duty of confidentiality to the Delta Asia including any Affiliate 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 Delta Asia; (F) any assignee, transferee, delegate, successor or person to whom the account of the Client is transferred and the authorised person of the Client; and (G) any of the Delta Asia’s actual or proposed assignee or participant or sub-participant or transferee. 6. 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 Delta Asia Group in connection with the operation of its business. 7. To the extent permitted by law, the Personal Data collected by the Delta Asia from time to time may be used and disclosed in accordance with the Data Privacy Policy. 8. In accordance with the terms of the Privacy Ordinance, any individual has the right to: (A) check whether the Delta Asia holds data about him/her and access to such data; (B) required the Delta Asia to correct any data relating to him/her which is inaccurate; (C) ascertain the Delta Asia’s policies and practices in relation to data and be informed of the kind of personal data held by the Delta Asia; and (D) in relation to client credit, request to be informed 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. 9. In accordance with the Privacy Ordinance, Delta Asia has the right to charge a reasonable fee for the processing of any data access request. All requests for access to data or correction of data (when client considers that his/her Personal Data, supplied by the Delta Asia following a data access request, are inaccurate) or for information regarding policies and practices and kinds of data held should be addressed as follows: