Personal Information Collection and Privacy Policy Statements

Please read the following before you send us any Personal Data.

From time to time, it is necessary for customers to supply the Group with data in connection with the opening or continuation of accounts and the establishment or continuation of credit facilities or provision of financial and/or other services.

Failure to supply such data may result in the Group being unable to open or continue accounts or establish or continue credit facilities or provide financial or other services.

Data maybe collected from customers in the ordinary course of the continuation of the business relationship between customers and the Group.

Providing personal information to the Group through electronic means (such as e-mail, Internet or voice recording system) cannot be guaranteed to be completely secure. The Group will not be responsible for any damage suffered by users if they send any information to the Group through electronic devices, or if the Group sends any information through electronic devices at the request of the user. Customers should take heed of such weaknesses and communicate personal information through electronic devices with caution.

The Group will not collect any personal information that identifies a visitor to this Website unless specified otherwise. Your visit to this Website will record only the Domain Name Server, part of your email address and of the pages visited. Such information will be used to prepare aggregate information about the number of visitors to the Website and general statistics on usage patterns of the Website.

The purposes for which data relating to customers may be used (whether within or outside Hong Kong) are as follows:

• the daily operation of the services and credit facilities provided to customers;
• conducting credit checks;
• assisting other institutions to conduct credit checks;
• ensuring ongoing credit worthiness of customers;
• designing financial services or related products for customers’ use;
• marketing financial services or related products;
• determining the amount of indebtedness owed to or by customers;
• meeting the requirements to make disclosure under the requirements of any legal and/or regulatory requirements or court orders binding on the Group; and
• purposes relating to any of the above.

Use of Data in Direct Marketing:
The Group intends to use and/or transfer the Customer’s data to any related companies of the Group for direct marketing and the Group requires the consent (which includes an indication of no objection) of the Customer for that purpose. In this connection, please note that:

Your name, contact details, products and services portfolio information, transaction pattern and behaviour, financial background and demographic data held by the Group from time to time may be used by the Group in direct marketing;
The following classes of services, products and subjects may be marketed:

• securities, commodities, investment and related services and products;
• reward, loyalty or privileges programmes in relation to the class of marketing subjects as referred to in clause b(i) above; and
• donations and contributions for charitable and/or non-profit making purposes.

If a Customer does not wish the Group to use and/or transfer the Customer’s data for use in direct marketing, the Customer may, without charge, exercise the right to opt-out.

Data held by the Group relating to a customer will be kept confidential but the Group may provide such information to the following parties (whether within or outside Hong Kong):

• any agent, contractor or third party service provider who provides administrative, telecommunications, computer, financial, trade execution, cash, securities and/or contracts clearing or settlement or other services to the Group in connection with the operation of its business;
• any other person under a duty of confidentiality to the Group including a group companies of the Group which has undertaken to keep such information confidential;
• any financial institution or dealer with which the customer has or proposes to have dealings;
• any credit reference agency and in the event of default, any debt collection agency;
• any actual or proposed assignee of the Group or participant or sub-participant or transferee of the rights of the Group in respect of the customer; and
• any exchange, entity, agency, regulatory or government body in any jurisdiction if required by law or pursuant to any court orders, rules or regulations to which the Group is subject.

In such cases, the Group is usually under a duty of secrecy and will not be able to notify a customer or seek his consent in relation to such release of information.

Under and in accordance with the terms of the Personal Data (Privacy) Ordinance (Cap. 486) (the (“Ordinance”), an individual has the right to:

• check whether the Group holds data about him and the right of access to such data;
• require the Group to correct any data relating to him which is inaccurate; and
• ascertain the Group’s policies and practices in relation to data and to be informed of the kind of personal data held by the Group.

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

313 Capital Management Limited
Unit 1702, 17th Floor, The Phoenix, No. 23 Luard Road, Wanchai, Hong Kong

Tel: (852) 3520 3313

Fax: (852)3466 7313

In accordance with the terms of the Personal Data (Privacy) Ordinance, Cap.486 of the Laws of Hong Kong (“the Ordinance”), the Group has the right to charge a reasonable fee for the processing of any data access request.

In addition to the Group’s duty of confidentiality to customers, the Group shall at all times observe the above privacy principles and the Ordinance of the Hong Kong SAR in collecting, maintaining and using the personal data of customers.

This Policy may be revised, amended or supplemented from time to time by the Group.