The following Personal Data Privacy Statement is provided to you pursuant to the Personal Data (Privacy) Ordinance of Hong Kong (“Ordinance”) in connection with your dealings with, and provision of personal data or information (“Data”) to, JPMorgan Funds (Asia) Limited (“JPMFAL”) or its affiliates (together “JPMorgan”) from time to time. JPMFAL is fully committed to protecting the privacy interests of individuals who provide us with information about themselves and to comply with the requirements of the Ordinance. In doing so, JPMFAL instructs its staff to comply with the strict internal standards of security and confidentiality.
1. From time to time, it is necessary for you to supply JPMorgan with Data in connection with various matters such as account opening or continuations, provision of services to you or compliance with any laws or guidelines issued by regulatory or other authorities.
2. The kinds of Data that may be collected includes, but is not limited to, name and address, occupation, contact details, date and country of birth, nationality, identity card, social security or national insurance numbers, country of tax residence, tax reference numbers or passport numbers, and details of financial status.
3. Failure to supply such Data may result in JPMorgan being unable to open an account or continue to provide services to you or unable to comply with any laws or regulations or guidelines and codes issued by regulatory or other authorities.
4. It is also the case that Data is collected from you in the ordinary course of the continuation of your relationship with JPMorgan, for example, when you open an account, write cheques, transfer funds, effect transactions, attend seminar/events, participate in online activities or generally communicate verbally or in writing with JPMorgan.
5. Additional Data may also be collected at JPMorgan’s websites which include, but is not limited to:
5.1 the IP address of the visitor’s personal computer, the country from which the inquiry is made, the pages visited, the time at which a visit is made and the browser type;
5.2 certain personal details of the visitor(these may for instance include his/her name, age, sex, profession), client identification details, electronically encrypted security passcodes, information regarding holdings in any funds offered or distributed by JPMorgan. Whether the visitor wishes to receive information and, if so, what kind of information.
Apart from any security passcode, the Data collected at any JPMorgan website is not electronically encrypted.
We or our third-party partners may use software tools or 'cookies' to gather information about site visitors' browsing activities. The information collected may be processed by us, our agents or any other third parties which provide services to JPMorgan. Please visit our Cookies Policy for further details.
B. Purpose and use:
1. The purposes for which Data may be used will vary depending on the nature of your relationship with JPMorgan. JPMorgan intends to use your Data (including any third party Data provided by you) for any or all of the following purposes:
1.1 the processing of an application for an account with JPMFAL including confirming and verifying your identity;
1.2 the daily operation of your account and the services to be provided to you;
1.3 any purpose related to the administration of the products and services offered by JPMorgan;
1.4 researching, designing and launching financial, investment services or related products for clients;
1.5 meeting the disclosure, reporting and compliance requirements (including but not limited to tax reporting) under any laws or regulations, codes, guidelines or internal JPMorgan compliance policies applicable to JPMorgan in Hong Kong or elsewhere;
1.6 promoting and direct marketing of the following services and products subject to your right to object to such use:
1.6.1 financial planning and investment, wealth management and related services and products;
1.6.2 financial, investment and educational seminars and forums;
1.6.3 other financial services and products offered by JPMorgan and/or any transferee of a whole or any substantial part of business of any JPMorgan entity;
1.7.1 any actual or proposed assignee(s) of JPMorgan;
1.7.2 any actual or proposed participant(s), subparticipant(s) or transferee(s) of JPMorgan’s rights or obligations with respect to you and/or the MasterAccount; and/or
1.7.3 any person(s) in whose favour JPMorgan’s obligations with respect to you and/or the MasterAccount are, or are to be, novated, to evaluate, execute and/or complete the transaction(s) intended to be the subject of any assignment, participation, subparticipation, transfer, novation or other similar arrangement; and
1.8 any other purpose directly related to any of the above.
2. You have the right to object to the use of your Data for direct marketing purposes as set out in paragraph 1.6 above. JPMorgan will cease to use your Data for direct marketing purposes without charge if you so request.
C. Direct Marketing:
1. JPMorgan intends to use the Data collected for direct marketing but may not so use the Data unless your consent (which includes an indication of no objection to the intended use) is received.
2. Furthermore, JPMorgan intends to provide the Data collected to all or any of the transferees of a whole or any substantial part of business of any JPMorgan entity (the “Transferees”), service providers and related third parties (including consultants) (together with the Transferees, the “Parties”) for use by them in direct marketing. However, the Data may not be so provided unless your consent (which includes an indication of no objection to the intended provision) is received.
3. JPMorgan would like to use the Data collected, including but not limited to your name and contact details (such as telephone number, email address and/or correspondence address), or provide the same to all or any of the Parties for the Parties’ use, for the following direct marketing purposes through various communication means such as direct-mail, email, telephone, SMS and brochures:
3.1 JPMorgan’s and/or the Transferees’ financial planning and investment, wealth management and related services and products, financial, investment and educational seminars and forums or other financial services and products offered by JPMorgan and/or the Transferees; and
3.2 JPMorgan’s and/or the Transferees’ new product and service launch and other promotional offers.
D. Retention and Access:
1. The Data collected may be maintained for such period of time required under applicable law and as otherwise needed to fulfil the purposes set out above.
2. Data held by JPMorgan relating to you will be kept confidential and JPMorgan will take all reasonable measures to ensure that Data is kept secure against unauthorised access, loss, disclosure and destruction. JPMFAL may provide such information to the following parties, whether inside or outside of Hong Kong, for the purposes set out in the “Purpose and Use” and “Direct Marketing” sections above:
2.1 the ultimate holding company of JPMFAL, its subsidiaries, representative offices, associated companies and/or affiliates;
2.2 the service providers of JPMFAL including the trustee, investment manager, registrar, transfer agent, the custodian, administrative service agent, and the auditor of each product offered by JPMorgan;
2.3 any agent, contractor, subcontractor, consultant, insurer, or third party service provider who provides administrative, research, design, launch, digital or telecommunication, clearing and settlement or other services to JPMorgan in connection with the operation of its business;
2.4 the employees, officers, directors of JPMFAL;
2.5 any party (including but not limited to, any local or foreign governmental, tax or regulatory Authority, or court of competent jurisdiction) entitled thereto by law or regulation, or in response to a regulatory request;
2.6 affiliated or unaffiliated providers of outsourced or other services, and other external service providers of JPMorgan (including but not limited to printing houses, mailing houses, digital or telecommunication companies, information technology companies, data storage and infrastructure companies, cloud providers, data processing companies and storage companies) that JPMorgan engages for the purposes set out in paragraph 1.6 in the “Purpose and Use” section above; and
2.7 any actual or proposed assignee(s) of JPMorgan, any actual or proposed participant(s), subparticipant(s) or transferee(s) of JPMorgan’s rights or obligations with respect to you and/or the MasterAccount, and/or any person(s) in whose favour JPMorgan’s obligations with respect to you and/or the MasterAccount are or are to be novated.
JPMFAL’s policy is to restrict access to Data concerning individuals to those persons who have a need to use that Data and who have been instructed to handle such information properly and observe confidentiality. Security passcodes used by clients with on-line dealing privileges are electronically encrypted.
3. Please note that the Data transferred outside of Hong Kong may be subject a lower level of protection and/or cease to be protected by any relevant banking secrecy, client confidentiality or data protection laws of Hong Kong.
4. Under the Ordinance, you have the right to:
4.1 check whether JPMorgan holds Data about you, and access to such Data;
4.2 require JPMorgan to correct any Data relating to you which is inaccurate;
4.3 ascertain JPMorgan’s policies and practices in relation to data and to be informed of the kinds of Data held by JPMorgan; and
4.4 object to the use of your Data for direct marketing purposes and JPMorgan shall not use your Data for direct marketing purposes after you communicate your objection to JPMorgan.
In accordance with the terms of the Ordinance, JPMFAL has the right to charge a reasonable fee for the process of any data request.
For access to your Data held by JPMorgan, correction of such Data, objection to use of your Data for direct marketing purposes or for information regarding policies and practices and kinds of Data held, please contact:
The Data Protection Officer
JPMorgan Funds (Asia) Limited
19th Floor, Chater House,
8 Connaught Road Central, Hong Kong
Telephone: (852) 2265 1188
Fax: (852) 2868 5013
In order to deal with any such request, JPMFAL may require evidence from you that you are the individual in respect of whom the request is made or a person permitted under the Ordinance to make the request on that individual's behalf.
Nothing in this statement shall limit your rights under the Ordinance.