Privacy Policy relating to Personal Data (Privacy) Ordinance
In terms of collecting, storing, processing and/or transferring of Personal Data, FundPark recognises its responsibilities under the Personal Data (Privacy) Ordinance (the “Ordinance”) and FundPark will take all practicable steps to ensure the security and confidentiality of the Personal Data and to avoid unauthorised access or other use.
This Policy shall apply to each and every subsidiaries, affiliates and related companies of FundPark (collectively, “Group of Companies”). Any reference to “Personal Data” shall adopt the definition as provided under the Ordinance.
Collection of Personal Data
1. There are two kinds of information which may involve Personal Data:
a. Customer Records, which are necessary for customers to supply to FundPark from time to time in connection with matters such as:
(i) the opening or operation of user accounts;
(ii) Know-your-client (KYC) related identification and verification process;
(iii) review and update of customer profiles, audit and monitoring;
(iv) preparation and execution of legal and finance documents;
(v) launch of product and provision of services;
(vi) processing and answering customer enquiries and/or complaints;
(vii) establishment, continuance and termination of the business relationship.
The subject of the Personal Data in relation to the Customer Records may include individuals holding the capacity of shareholders, directors, controlling person, office
b. Personnel Records, which include but not limited to C.V.s; application forms; references; appraisal and disciplinary records; salary, pension and benefits details; results of medical, security, background checks; sickness records; personal contact details ; the subject of which may include employees, potential employees, job applicants and referees.
2. If the Personal Data requested by FundPark is not provided, FundPark may not be able to establish or continue to provide products or services to the customers or carry out human resources-related function; and/or FundPark may not be able to comply with all applicable laws and regulations.
3. In most cases FundPark will collect Personal Data directly from the Data Subjects by making request (in the form of either written request or oral request). In some cases FundPark may collect Personal Data from different channels including without limitation to the following:
a. FundPark corporate website at www.fundpark.com (“Our Website”);
b. any record of correspondence;
c. any surveys;
d. any details of transactions through Our Website and of the fulfilment of orders; and
e. any details of the visits to Our Website, including cookies.
Use of Personal Data
4. The purposes for which Personal Data relating to the Data Subjects may be used are as follows:
a. processing, considering and assessing the Data Subjects’ application for FundPark’s products and services;
b. marketing services, products and other subjects (please see further details in paragraph 5 below);
c. verifying the Personal Data or information provided by any Data Subjects or other third parties;
d. complying with the obligations, requirements or arrangements for disclosing and using Personal Data that apply to FundPark or its Group of Companies or that it is expected to comply according to:
(i) any law binding or applying to it within or outside the Hong Kong existing currently and in the future;
(ii) 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 services providers within or outside the Hong Kong existing currently and in the future; and
(iii) any present or future contractual or other commitment with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers that is assumed by or imposed on FundPark or its Group of Companies 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.
Use of Personal Data in Direct Marketing
5. FundPark may use the Personal Data of the Data Subjects in direct marketing, provided that FundPark obtained the consent for that purpose, and if the Data Subjects do not provide such consent to FundPark, FundPark shall not use such Personal Data for that purpose. The Data Subject may exercise an opt-out right by notifying FundPark at any time and without charge.
Disclosure of Personal Data
6. Any Personal Data relating to the Data Subjects obtained by FundPark may be used, transferred, stored and disclosed for such purposes in accordance with the FundPark's policies and in connection with the matching procedures as defined in the Ordinance. FundPark will disclose and transfer from time to time Personal Data of the Data Subjects to:
a. FundPark’s Group of Companies and any officers, directors, employees, professional advisers, partners and representatives of its Group of Companies;
b. any agent, contractor or third party service provider which provides services of any kind to FundPark in connection with the operation of its business (including FundPark's auditors and legal advisors, insurance companies, credit reference agencies);
c. any insurer, valuer and auditor of the Data Subjects;
d. any person with (or through) whom FundPark may enter into (or may potentially enter into) any transaction in connection with the purchase or sale of any credit insurance or any other contractual protection or hedging with respect to FundPark’s rights and obligations;
e. any local or overseas governmental or regulatory authorities upon their request or for the purpose of ensuring compliance with applicable laws and regulations;
f. any person if such disclosure is necessary or desirable for FundPark’s performance of its duties or exercise or enforcement of its rights and powers under or in connection with any agree
Security of Personal Data
7. FundPark shall take all practicable steps to ensure that Personal Data held by it is protected against unauthorized or accidental access, processing, erasure or other use. FundPark shall make sure that it processes only those Personal Data that are adequate, relevant and limited to what is necessary in relation to the specific purposes for which they are collected. FundPark shall apply all reasonable and practical measures to suppress or rectify all Personal Data that may be irrelevant, inaccurate or incomplete, with respect to the said purposes.
8. FundPark retains Personal Data only for the time strictly necessary for lawful processing. After that period, the Personal Data shall be deleted or, where appropriate, kept locked in accordance with the legal retention periods and limitation periods for the liabilities arising from the processing indicated in the data protection information when providing the Personal Data. The Personal Data obtained from Data Subjects are stored electronically in database, computers or portable storage devices and it is protected with adequate IT security measures and access control.
9. In engaging a marketing company to carry out direct marketing purposes, FundPark shall ensure the safe handling and erasure after use by the marketing company of the Personal Data transferred to it in order to safeguard against unauthorised access or use of that Personal Data. If FundPark engages a data processor (whether within or outside Hong Kong) to process Personal Data on FundPark’s behalf, FundPark would adopt contractual or other means to prevent unauthorised or accidental access, processing, erasure, loss or use of the Personal Data transferred to the Personal Data processor for processing. FundPark shall also ensure the data processor are competent to protect security and confidentiality of the Personal Data.
10. FundPark shall ensure that the Personal Data will be processed with the appropriate level of security, including protection against unauthorized or illicit processing activity and against its loss, destruction or accidental damage, through the application of appropriate technical or organizational measures, such as encryption of the Personal Data. Likewise, FundPark shall apply the appropriate measures to ensure the permanent confidentiality, integrity, availability and resilience of the processing activity systems and services.
Application of Cookies
11. FundPark may use third party web analytic services on Our Website. The service providers who administer these services use technologies such as cookies, web server logs and web beacons to help FundPark analyse how visitors use the website. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of Our Website. These service providers may use the Personal Data collected to contextualise and personalise the marketing materials of their own advertising network.
12. In addition, FundPark uses cookies to distinguish different users of Our Website. By continuing to browse Our Website, the Data Subjects are agreeing to the use of cookies.
13. Cookies are small data files consisting of letters and numbers that FundPark store on the computer browser or the hard drive of the Data Subjects if consent is obtained.
14. Cookies and similar technologies are used to identify the device for the following purposes:
a. Strictly necessary cookies. These essential cookies are set throughout Our Website and are required for the operation of Our Website to:
(i) allow the web server to determine whether the cookies setting on the Data Subjects web browser has been enabled or disabled. This allows FundPark to know whether data can be collected from the Data Subjects web browser;
(ii) temporarily allow the Data Subjects to carry information between pages of Our Website to avoid having to re-enter that information;
(iii) temporarily identify the device after the Data Subjects have logged in to a secure page on Our Website so that our web server can maintain a dialogue with the web browser in order for the Data Subjects to carry out certain activities.
b. Analytical/performance cookies. These are used to help us improve Our Website by:
(i) tracking the Data Subjects’ visits to Our Website and recognising the web browser when the Data Subjects are a repeat visitor so that FundPark can gather statistics on new and repeat visitors to evaluate site effectiveness.
c. Functionality cookies. These are used to recognise the Data Subjects when the Data Subjects return to Our Website. This enables FundPark to:
(i) personalise the content for the Data Subjects and remember their preferences (for example, the choice of language and region);
(ii) store login and other preferences so the Data Subjects do not have to re-enter that information when they return to Our Website.
d. Targeting / advertising cookies. These cookies record the visit to Our Website, the Data Subjects to our online advertisements, track the pages they have visited and the website links they have followed. FundPark use this information to:
(i) make Our Website more relevant to their interests;
(ii) provide online advertisements or offers on Our Website or third-party websites which are most likely to interest the Data Subjects;
(iii) evaluate the effectiveness of our online marketing and advertising programs.
The above cookies may be placed on the device by FundPark or by third parties on our behalf (for example, advertising networks and providers of external services like web traffic analysis services). No personally identifiable information about the Data Subjects is collected or shared with third parties as a result of this research.
Most web browsers are initially set up to accept cookies. the Data Subjectscan choose to ‘not accept’ cookies by changing the settings on the web browser but if the Data Subjectsblock all cookies, including strictly necessary cookies, they may find that certain features on Our Website will not work properly.
15. Third parties (for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which FundPark have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
Changes to Data Privacy Policy
16. Any changes of this Privacy Policy in the future will be posted on Our Website and will become effective without prior notice.
Record Retention
17. FundPark retains Personal Data in accordance with regulatory obligation. Under normal circumstances, this will be kept up to 7 years after the termination of business with FundPark and this may be retained for a longer period if there is a subsisting reason that obliges FundPark to do so or FundPark has to fulfil any applicable statutory or contractual obligations.
18. If FundPark engages a data processor (whether within or outside Hong Kong) to process Personal Data on FundPark’s behalf, FundPark would adopt contractual or other means to prevent any Personal Data transferred to the data processor from being kept longer than is necessary for processing of the data.
Access of Personal Data
19. The Data Subjects shall have the right to access and update the information and contact FundPark in order:
a. to enquire whether FundPark holds Personal Data about him and of access to such Personal Data;
b. to require FundPark to correct any Personal Data relating to him which is inaccurate;
c. to ascertain FundPark’s policies and practices in relation to the Personal Data and to be informed of the kind of Personal Data held by FundPark;
20. Reasonable service fee may be charged by FundPark for Personal Data access request.
21. The Data Subject should send requests in writing for accessing or correction of Personal Data to FundPark and such request should be addressed to:
Data Protection Officer
FundPark Limited
16/F, 9 Chong Yip Street, Kwun Tong, Kowloon, Hong Kong
22. In the event that the Data Subjects wish to access or amend Personal Data, FundPark may request them to provide personal details in order to verify and confirm their identity. FundPark will provide a response to a request within reasonable time and will endeavour to do so wherever possible.