(iii) where the information is already in the public domain (otherwise than as a result of a breach of our obligations hereunder); or
(iv) where requested or permitted by you.
The User also has strict confidentiality and protection obligations for the information received, and can only use such information for the agreed purposes. The Company will release specific name list of the User on its official website and updated on a regular basis. You can check it online or contact the Contact person for detailed information. If you have any questions, doubts, or intentions of refusing the Company to provide your information to the User, please also contact the Contact person.
2.2 Purposes
All personal data (whether provided by you or any other person, and whether provided before or after the date you receive this notice) may be used by any User for one or more of the following purposes:
(a) new or existing client verification;
(b) developing financial services or related products for clients;
(c) marketing (including direct marketing) of financial services or related products;
(d) providing you with information concerning our or the Sumitomo Mitsui Financial Group’s businesses as well as information concerning any investment opportunities;
(e) processing employment applications and, if this results in any employment with the Company, all aspects of our human resources functions;
(f) transfer of such data to any place inside or outside Hong Kong whether for the processing, holding or use of such data inside or outside Hong Kong;
(g) matching your personal data (irrespective of the purposes and sources for which such data were collected, and whether collected by a User or any other person);
(h) data verification or exchange;
(i) any purpose relating to or in connection with requirements to make disclosure under any law binding the Company or any other Sumitomo Mitsui Financial Group company under and for the purposes of compliance with any law, regulation, court order or order of a regulatory body;
(j) conducting credit checks or assisting other institutions to conduct credit checks;
(k) collecting debts, or assisting other institutions (including any Sumitomo Mitsui Financial Group company) to collect debts, from clients and those providing security for any clients’ obligations; or producing or verifying data which may be used for the purpose of taking such action that a User or any other person may consider appropriate (including action that may relate to the rights, obligations or interest of you or any other person);
(l) in connection with any system or facility for payment or communication by electronic means which the Company or any other Sumitomo Mitsui Financial Group company participates; or
(m) any other purpose relating to or in connection with the any of the above, any business or dealings of the Sumitomo Mitsui Financial Group or which a client may from time to time agree.
3 Rights of Access and Correction
You have the right to have access to and correction of your personal data under the PDPO. In general, and subject to certain exemptions, you are entitled to:
(a) enquire whether the Company hold personal data in relation to you;
(b) request a copy of any such personal data;
(c) request the correction of your personal data which is inaccurate;
(d) be given reasons if a request for access or correction is refused;
(e) ascertain the Company’s policies and practices in relation to personal data and to be informed of the kind of personal data held by the Company;
(f) in relation to customer 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;
(g) in relation to any personal data which has been provided by the Company to a credit reference agency, to instruct the Company upon termination of an account by full repayment to make a request to the credit reference agency to delete such data from its database, as long as the instruction is given within five years of termination and at no time did the account have a default of payment lasting in excess of 60 days within 5 years immediately before account termination. In the event the account has had a default of payment lasting in excess of 60 days the data may be retained by the credit reference agency until the expiry of five years from the date of final settlement of the amount in default or five years from the date of discharge from a bankruptcy as notified to the Company,
whichever is earlier;
(h) where the Company have obtained a credit report on you from a credit reference agency in considering any application for credit, to be given the contact details of the relevant credit reference agency; and
(i) other rights stipulated by applicable laws and regulations.
4 Contact Person
If you wish to request access to and/or correction of personal data concerning you or for information regarding policies, practices of and the kind of personal data held by the Company, you should address your request in writing to the Company as follows:
SMBC Nikko Securities (Hong Kong) Limited
Suites 807-811, 8/F, One International Finance Centre,
1 Harbour View Street, Central, Hong Kong
(Re: Personal Data Privacy Ordinance)
In accordance with the terms of the PDPO, the Company has the right to charge a reasonable fee for the processing of any data access request. Nothing in this notice shall limit your rights under the PDPO.
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