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Privacy

2023

Personal Information Collection Statement
 

Pursuant to the Personal Data (Privacy) Ordinance (the “PD(P)O”), the following information is provided in connection with an individual’s dealings with and provision of data comprising personal information to BNY Mellon Investment Management Hong Kong Limited or its holding company, representative offices, subsidiaries and affiliates from time to time (“BNY Mellon IM HK”). Please be aware that this Personal Information Collection Statement (“Statement”) replaces any notice or statement of similar nature that may have been provided to the individual previously. BNY Mellon IM HK is committed to maintaining personal information in accordance with the requirements of the PD(P)O and will take all reasonable steps to ensure that personal information is kept secure against unauthorized access, loss, disclosure and destruction.
 

In this Statement, “BNY Mellon Group” is used as a generic term to reference The Bank of New York Mellon Corporation as a whole or its various subsidiaries and affiliates. BNY Mellon IM HK and any other BNY Mellon entities mentioned in this Statement are ultimately owned by The Bank of New York Mellon Corporation.
 

This Statement may be revised or supplemented from time to time in accordance with changes to business needs and legal requirements.

 

 


Collection of Personal Information

a)  From time to time, it is necessary for clients and various other individuals (“data subjects”) to supply BNY Mellon IM HK with Personal information in connection with various matters such as account opening or continuations, or provision of services to clients and other individuals.

b)  Failure to supply such personal information may result in BNY Mellon IM HK being unable to open or continue accounts or provide any services.

c)  It is also the case that personal information will be collected from data subjects in the ordinary course of the continuation of the BNY Mellon IM HK’s relationship with them, for example, when data subjects open account, write cheques, transfer funds, effect transactions, attend seminar/events or generally communicate verbally or in writing by data subjects with BNY Mellon IM HK. BNY Mellon IM HK may also conduct independent checks or verification on the personal information collected from data subjects for the purposes referred to in sections 2(a) and (n) below from time to time.

 

 

Purposes for Use of Personal Information
 

The purposes for which personal information relating to a data subject may be used will vary depending on the nature of the data subject’s relationship with BNY Mellon IM HK. They may comprise any or all of the following purposes:
 

a)   the processing of applications for an account with and/or other financial services provided by BNY Mellon IM HK or any BNY Mellon Group entity; and conducting background searches, screening and monitoring on an on-going basis as part of BNY Mellon IM HK’s obligations described in section 2 (i), (j) and (k) below;
 

b)   enabling BNY Mellon IM HK or any BNY Mellon Group entity to ensure the daily operation of the services provided to the data subjects, including without limitation provision of asset management, dealing and advisory services and investment in collective investment schemes;
 

c)   researching, designing and launching financial services or related products for data subjects’ use;
 

d)   assessing the suitability or appropriateness of a transaction with the data subject or for the data subject;
 

e)   promoting and marketing services and products to the data subject (see further details in section 4 (Use of Personal Information in Direct Marketing) below);
 

f)    providing alerts, newsletter and investment education materials requested/signed up by the data subjects ;
 

g)   designing and organising financial, investment seminars/events/forums;
 

h)   designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision of services by BNY Mellon IM HK;
 

i)    meeting the disclosure and compliance requirements under any laws or regulatory requirements applicable to BNY Mellon IM HK or any BNY Mellon Group entity in Hong Kong or elsewhere from time to time;
 

j)    complying with the obligations, requirements or arrangements for collecting, disclosing, maintaining and using personal information that apply to BNY Mellon IM HK or any BNY Mellon Group entity or that they are expected to comply with according to:

i)   any laws or regulatory requirements binding or applying to BNY Mellon IM HK or any BNY Mellon Group entity within or outside Hong Kong currently existing and in the future, including without limitation those with respect to anti-money laundering and counter terrorist-financing, automatic exchange of financial account information, Foreign Account Tax Compliance Act (FATCA) and any related group policies;

 

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 Hong Kong existing currently and/or in the future;

 

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 BNY Mellon IM HK or any BNY Mellon Group entity 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;
 

k)  complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing personal information and information within the BNY Mellon Group and/or any other use of personal information and information in accordance with any group­wide programmes for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;

l)    any purpose related to the administration of the products or services offered by BNY Mellon IM HK or any BNY Mellon Group entity to the data subject or the data subject’s participation therein;
 

m)  enabling a potential purchaser, transferee or assignee of all or any part of the business or shares of BNY Mellon IM HK or any BNY Mellon Group entity to evaluate the transaction intended to be the subject of the purchase or restructuring;
 

n)   any purposes directly related or incidental to the above, including seeking professional advice.

 

 

Persons to whom the Personal Information may be transferred
 

Personal information held by BNY Mellon IM HK relating to the data subject or his /her / its representatives will be kept confidential but BNY Mellon IM HK may provide such information to the following parties within or outside Hong Kong for any of the purposes set out in section 2 (Purposes for Use of Personal Information) above:
 

a)  any BNY Mellon Group entity, agent, auditor, contractor, or third-party service provider, law enforcement agency, information provider, trade repository (including related third party service providers), court of competent jurisdiction, exchange, depository, clearing house or any government, tax or other regulatory body or agency or any other person we think necessary for any of the purposes outlined above;
 

b)  any person to whom BNY Mellon IM HK outsources any services in accordance with relevant regulatory requirements and applicable data protection legislation;
 

c)  any other person under a duty of confidentiality to BNY Mellon IM HK including a BNY Mellon Group entity which has undertaken to keep such information confidential;
 

d)  any person to whom BNY Mellon IM HK or any BNY Mellon Group entity is under an obligation or otherwise required to make disclosure under the requirements of any law binding on or applying to BNY Mellon IM HK or any BNY Mellon Group entity, or any disclosure under and for the purposes of any guidelines or guidance given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self­regulatory or industry bodies or associations of financial services providers with which we or any of BNY Mellon Group entity are expected to comply, or any disclosure pursuant to any contractual or other commitment of BNY Mellon IM HK or any of BNY Mellon Group entity with local or foreign legal regulatory, governmental, tax, law enforcement or other authorities, or self­regulatory or industry bodies or associations of financial services providers, existing currently and/or in the future;
 

e)  any actual or proposed assignee of BNY Mellon IM HK or participant or sub­participant or transferee of its rights and obligations in respect of the data subject;
 

f)  the service providers of BNY Mellon IM HK or any BNY Mellon Group entity including the registrar, transfer agent, the custodian, administrative service agent, share distributors, securities and investment service providers and the auditor of each product offered by BNY Mellon IM HK or any BNY Mellon Group entity;
 

g)  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 BNY Mellon IM HK or any BNY Mellon Group entity in connection with the operation of their business;
 

h)  the intermediaries of BNY Mellon IM HK or any BNY Mellon Group entity 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;

i)  the following entities:
 

i)   BNY Mellon Group entities;
ii) third party financial institutions, insurers, credit card companies, securities and investment services providers;
iii) third party co­branding and privileges programme providers;
iv) our co­branding partners;
v) charitable or non­profit making organisations; and
vi) 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 BNY Mellon or any BNY Mellon Group entity engages for the purposes set out in sub­paragraph (g) in this section.


Such information may be transferred to a place outside Hong Kong.

 

 

Use of Personal Information in Direct Marketing
 

BNY Mellon IM HK intends to use the data subject’s personal information in direct marketing and BNY Mellon IM HK requires the data subject’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
 

a) 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 behavior, financial background and demographic data of the data subject held by BNY Mellon IM HK from time to time may be used by BNY Mellon IM HK in direct marketing;
 

b) the following classes of services, products and subjects may be marketed in direct marketing:
 

i) financial, investment, wealth management, securities, retirement, insurance and related services and products; and

ii) invitations to financial and investment seminars/events/forums.
 

c) the above services, products and subjects may be provided or (in the case of donations and contributions) solicited by BNY Mellon IM HK and/or:
 

i)  BNY Mellon Group entities;

ii) third party financial institutions, insurers, credit card companies, securities and investment services providers;

iii)    third party co-­branding or privileges programme providers;

iv)   our co-­branding partners; and

v) charitable or non-profit making organisations;
 

d) in addition to marketing the above services, products and subjects, BNY Mellon IM HK also intends to provide the personal information described in sub-paragraph (a) above to all or any of the persons described in sub-paragraph (c) above for use by them in marketing those services, products and subjects.
 

If the data subject objects to BNY Mellon IM HK using his / her / its personal information for the purposes set out in section 4 (Use of Personal Information in Direct Marketing) in relation to direct marketing, the data subject needs to indicate the objection by completing the Opt-Out Request Form at the end of this Notice and returning the duly completed form to BNY Mellon IM HK.
 

If the data subject has previously consented to BNY Mellon IM HK use of his / her / its personal information for direct marketing purposes but he / she / it now wishes to withdraw the consent, please also complete the Opt-Out Request Form at the end of this Notice and return the duly completed form to BNY Mellon IM HK.

 

 

Rights of the Data Subject
 

a) Under and in accordance with the terms of the PD(P)O, any data subject has the right:
 

i) to check whether BNY Mellon IM HK holds personal information about the data subject and/or has access to such personal information;
ii) to require BNY Mellon IM HK to correct any personal information relating to the data subject which is inaccurate;
iii) to ascertain BNY Mellon IM HK policies and practices in relation to personal information and to be informed of the kind of personal data held by it;
 

b) In accordance with the terms of the PD(P)O, BNY Mellon IM HK has the right to charge a reasonable fee for the processing of any data access request.
 

c) The person to whom requests for access to personal information or correction of personal information or for information regarding policies and practices and kinds of personal information held are to be addressed is as follows:
 

The Responsible Person

BNY Mellon Investment Management Hong Kong Limited

Level 25, Three Pacific Place

1 Queen’s Road East

Hong Kong

Email: PDO@bnymellon.com

 

d) Nothing in this notice shall limit your rights under the PD(P)O.

BNY Mellon has appropriate policies, standards and technical and organizational measures in place to maintain the security of the personal information it collects, receives and processes. If you access a BNY Mellon website, a separate cookies policy will be provided on the website explaining how any personal information collected through the website may be used. Please see the cookies notice at https://www.bnymellonim.com/hk/en/individual/cookies/ for further details.
 

Personal information held by the relevant BNY Mellon Entity will be kept confidential and retained as a minimum in accordance with any timelines set out in any applicable regulatory obligations imposed on the relevant BNY Mellon Entity and/or in accordance with BNY Mellon’s records management policies.



Opt-Out Request Form



Privacy Addendum for mainland China
 

This section only applies to you if you are located in mainland China.
 

BNY Mellon Group is the controller and processor of your personal information and you may reach us as specified above in this Personal Information Collection Statement.
 

This Privacy Addendum forms part and parcel of this Personal Information Collection Statement and specific to you (including your individual directors and employees) who are located in mainland China and receiving our products and/or services. As required by the laws of mainland China, we may need to seek your consent on how we use your personal information and, in relation to certain personal information which is considered sensitive based on
the laws in mainland China, we may need your separate consent. Your personal information will be collected, accessed, processed, used, stored, and/or transferred outside of mainland China.
 

If you do not consent to this Privacy Addendum, we may not be able to provide you with our services.
 

In your process of selecting our products and services, we will receive your personal information and information about specific relevant individuals (including but not limited to managers, legal representatives or responsible persons, controlling shareholders, actual controllers, directors, supervisors, senior management, beneficial owners, and shareholders of products managed by investors, investment managers, beneficial owners (only for product investors) provided by you (as institutional investors or product investor managers), collectively referred to as “relevant individuals” and any such personal information as disclosed to us (including sensitive personal information, “Personal Information”).
 

We may amend this Addendum from time to time to keep it up to date with legal requirements and the way we operate our business. Please regularly check with your contact at BNYM for the latest version of this Addendum.
 

Your consent to this Privacy Addendum indicates your agreement to its terms. Specifically, for institutional investors or product investor managers, you agree and undertake to us that you are authorized to provide such personal information to us. If you require individual consent or authorization from relevant individuals, you must collect such consent and/or authorization in accordance with applicable laws. You shall provide us with proof of any such consent/authorization at our request.

 

 

Personal Information We Collect
 

If we collect personal information about you or personal information that you provide, you will usually:
 

  • be registered with or use one of our website(s) or online services;
  • be a private client;
  • be an institutional client;
  • work with us as a service provider; and/or
  • visit a BNY Mellon office or register to attend a BNY Mellon event.


Personal information we collect will fall within one of the following categories:
 

  • Personal and contact details – personal information, including your authorized lists of signatures, and your relevant contact information.
  • Individual Identification – identity cards, passports, and any other identification documents, and personal information that may be contained in them.
  • Individual Financial and transactional – Financial information about you or the relevant individual, account details (including account name, bank account name and account number), transactional information and credit information, including your or the relevant individual’s financial interests and holdings.
  • Business – Information collected through your use of our products and services.
  • Technical information concerning the relevant individual – Details about your devices and technology that you use to access our services, including IP address.
  • Communications and CCTV – Information we capture through your communications with us, e.g. emails and instant messaging, voice recordings of telephone conversations, and CCTV images if you visit our offices.
  • Publicly available – Details about you that are in public records and information about you that is openly available on the internet.


Many data protection and privacy laws, including those in the People’s Republic of China, treat the categories listed above as sensitive personal information and afford them additional protections. We will only process sensitive personal information where it is necessary, if the law allows us to do so, and with your consent.
 

You are not required to provide any of the personal information that we request. However, failure to supply personal information may result in you being unable to invest in our products or receive our services.

 

 

Purposes For Which We Process Personal Information
 

Personal information we collect will be processed for one or more of the following purposes:
 

To manage your relationship with BNY Mellon:
 

  • To manage our relationship with you or your business;
  • To develop new ways to meet our clients’ needs and to grow our business;
  • To develop and carry out marketing activities in order to keep our clients informed about our products and services; and/or
  • To develop and manage our brand.


To administer and deliver our products and services:
 

  • To process, consider and evaluate your applications for our products and services;
  • To manage and deliver our products and services, and develop new products and services;
  • To manage fees, charges and interest due on client accounts;
  • To understand how our clients use products and services from us and other organisations, for example through research and analytics;
  • To manage how we work with other companies that provide services to us and our clients, for example our relationships with vendors and suppliers; and/or
  • To exercise our rights set out in agreements or contracts.


Crime prevention and detection:
 

  • To detect, investigate, report, and seek to prevent fraud, financial crime and anti-money laundering, for example through know-your-customer checks, AML screening and other identity checks; and/or
  • To comply with other laws and regulations that apply to us, for example other financial services or jurisdiction-specific legislation.
    To protect our brand, our business and our clients’ interests:
  • To manage risk for us and our clients;
  • To respond to complaints and seek to resolve them;
  • To comply with foreign laws, law enforcement and regulatory requirements that may affect us as a global institution;
  • To protect our IT systems, network and infrastructure; and/or
  • To run our business in an efficient and proper way.


We do not process your personal information to make automated decisions about you.

 

 

How We Collect Personal Information
 

We will collect personal information from one or more of the below sources:
 

  • Directly from you throughout our relationship, including when you invest in our products, receive our services and/or through our BNYM Investment Management websites;
  • From other BNY Mellon entities;
  • From third parties that are authorised to share your information with us, such as intermediaries, broker dealers, and service providers; and/or
  • From publicly available sources of information.


If you access a BNY Mellon website, a separate privacy policy and cookie policy will be provided on the website explaining how any personal information collected through the website may be used. For bnymellon.com, please see these policies at https://www.bnymellonim.com/hk/en/individual/privacy/ and at https://www.bnymellonim.com/hk/en/individual/cookies/

 

 

 

 

Disclosure and Cross-Border Transfer of Personal Information
 

We disclose personal information collected from you as listed above, in accordance with applicable law to the following recipients, which may be located outside the PEOPLE’S REPUBLIC OF CHINA.
 

Please note, personal information that is shared outside the PEOPLE’S REPUBLIC OF CHINA for further processing, handling or storage, we shall use our established technology to do so. Recipients of your personal information who are outside of the PEOPLE’S REPUBLIC OF CHINA may be subject to personal information regulation which may offer a different level of protection when compared against the PEOPLE’S REPUBLIC OF CHINA.
 

  • within BNY Mellon Group (you may refer to the regulatory filing (Form 10-K) for a list of the principal subsidiaries of The Bank of New York Mellon Corporation at the website of https://www.bnymellon.com/us/en/investor-relations/overview.html;
  • third parties who help manage our business and deliver services, such as IT service providers, payment or securities settlement service providers. These third parties have agreed to confidentiality restrictions and use any personal information we share with them or which they collect on our behalf solely for the purpose of providing the contracted service to us.


To comply with applicable laws, regulations and rules (including those of the PEOPLE’S REPUBLIC OF CHINA), and requests of law enforcement, regulatory and other governmental agencies, subject to applicable law, we may be required to disclose your personal information.
 

BNY Mellon may, in the future, sell or otherwise transfer some or all of its assets to a third party. Your personal information may be disclosed in accordance with applicable law to any potential or actual third party purchasers of such assets and/or may be among those assets transferred. Additionally, where we are required by law enforcement, regulatory and other governmental agencies to disclose any personal information belonging to you, and to the extent legally permissible, we would request such agencies to observe terms of confidentiality and to request that they delete or destroy such personal information when it is no longer required.
 

We may also disclose your personal information or those of the relevant individuals to external professional advisors such as auditors and legal retained by us in order to conduct business in compliance with laws and regulations and assess our financial and risk capabilities, and require them to process your information in accordance with relevant legal and regulatory requirements.
 

Cross-border transfers of personal information will only be made in accordance with applicable law, under specific contract terms and with relevant consents. We respect yours and the relevant individuals’ rights in relation to personal information. You or the relevant individual can exercise your rights with respect to your or the relevant individual’s personal information through the contact details described above.

 

 

Storing And Retaining Personal Information
 

BNY Mellon will retain your personal information or the relevant individual’s personal information for as long as required for the purposes for which it was collected, or where we are required to do so in accordance with legal, regulatory, tax, accounting, or necessary business requirements, in accordance with our corporate retention schedule. For more information on the retention of such personal information, you can contact us.

 

 

Direct Marketing
 

We may use your personal information to let you know about BNY Mellon services that we believe will be of interest to you. We may contact you by email, post, or telephone or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.
 

You can ask us to stop direct marketing at any time. You can ask us to stop sending email marketing by following the ‘unsubscribe’ link you will find on the email marketing messages we send you. Alternatively, you can contact us. Please specify whether you would like us to stop all forms of marketing or just a particular type (e.g. email).

 

 

Yours and the relevant individual’s Legal Rights
 

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, you or the relevant individual have certain rights in relation to your personal information. You can exercise your rights by contacting us.
 

To the extent provided by applicable law you or the relevant individual have the right to request information about the ways in which and under what rules such personal information is processed by us; to request access to and a copy of such personal information; to rectify or delete any such personal information; to restrict or refuse its processing; and to data portability.
 

We may ask you for additional information to confirm your identity and for security purposes, before disclosing to you or the relevant individual the personal information requested. We reserve the right to charge a fee where permitted by law. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way. Please note that depending on your or the relevant individual’s location your rights may vary.
 

If we have collected personal information with your or the relevant individua’s consent, you or the relevant individual have the right to withdraw this consent at any time, subject to applicable law and exemptions thereunder. Withdrawal of your consent may result in us being unable to offer or continue offering to you our services.

 

 

Contact Us
 

You can contact us using the details below for all matters arising from this Privacy Addendum:
 

By email: PDO@bnymellon.com|
 

By post:
 

BNY MELLON INVESTMENT MANAGEMENT HONG KONG LIMITED
Address: Levels 25 and 26, Three Pacific Place, 1 Queen’s Road East, Hong Kong
(Please address your notification to your usual client services contact)
 

Risk warning of illegal provision of personal information
 

For institutional investors or product investor managers, your company should be aware and agree that if your company does not have the right or does not provide us with the relevant individual’s personal information (including sensitive personal information) as required by laws and regulations, or fails to inform the relevant individual of this statement, or does not obtain their consent (including separate consent), your company may bear corresponding legal liabilities. If BNY Mellon is liable or suffers any adverse consequences such as administrative penalties as a result of the foregoing, your company shall be liable for the losses suffered by us as a result.
 

Unless you notify us otherwise, we will assume that you acknowledge that you have read and understood this Privacy Addendum and agree that the BNY Mellon Group can process your personal information and Sensitive Personal Information.

 

 

CONTACT US  |  +852 3926 0600  |  contact.im.apac@bnymellon.com