Privacy Notice

Introduction

This Privacy Notice (the “Notice”) is issued by Sumitomo Mitsui DS Asset Management (Hong Kong) Limited (“SMDAM (HK)”, “we”, or “our”) and outlines our commitment to complying with the requirements of Personal Data (Privacy) Ordinance (“PDPO”). In doing so, we will ensure that all our employees and agents adhere to these obligations. This Notice is also to be read in conjunction with our Cookie Policy.

This Notice applies when we act as the data user within the meaning of PDPO.

By using this website and otherwise interacting with us, your consent to our Terms and Conditions, including this Notice.

Categories of Personal Data We Collect

The personal data we may collect, hold and process includes, but is not limited to, the following:

•          Identification data: name, nationality, date of birth, place of birth, passport or national identity card number, title, marital status, gender, and signature;
•           Contact data: email address, residential and/or correspondence address, corporate contact information, and telephone number;
•          Financial data: account number, beneficiary designation, source of funds, source of wealth details, and investment history;
•           Electronic monitoring data: to the extent permitted by law, we may record and monitor your electronic communications with us, including telephone conversations, email and other electronic communications;
•           Communications data: communication preferences and information about your use of our website;
•           Professional information data: position/job title, business address, telephone and email address;
•          Building and assets security data: records of visits to our premises, and CCTV recordings;
•           Services and transactions data: payment and transactional data to and from you; and
•          Cookies and related technologies: online identifiers such as cookies and IP addresses, to the extent they are linked to a user’s profile or any other unique identifying information, thus they constitute personal data (see our Cookie Policy)

All personal data collected from you in connection with our services and products is being obtained in accordance with your official capacity as representatives of the company for which you work or represent, rather than your individual capacity.

Purpose for Collection of Personal Data

Personal data collected by us is collected, used and processed for the purposes set out in this Notice, including, but not limited to, the following purposes, depending on the nature of your relationship with us:

• to process, manage and administer your investment into our fund(s) or managed account(s);
• to provide the requested services or to take steps upon request before providing services;
• to communicate with you, including to respond to enquiries, send investor/client reports and information, and to perform client-related and investor-related services;
• to send marketing material and communications to improve our business and products and services offered;
• to engage with distributors and third party intermediaries for the purposes of distribution of our products and services;
• to engage with third-party service providers, including vendors;
• to allow prospective clients, investors, and third parties to get in touch with us;
• to comply with the applicable legal and regulatory obligations, including for the purposes of complying with our anti-money laundering and terrorist financing, sanctions, and tax reporting obligations, establishing the fitness and propriety of certain individuals, and investigating fraud or any other illegal activity;
• to direct or prevent fraud or criminal activity to protect against breaches of our policies and procedures, and to protect our employees and assets;
• to analyse visitors’ behaviours and improve our website and the services we offer;
• to conduct research and statistical analysis;
• to transfer personal data as set out in the “Disclosure of Personal Data” section;
• to enforce our contractual or legal rights against you; and
• to perform any other purpose related to or incidental to any of the above, and any other purposes that you may agree from time to time.

In case we intend to further process your personal data for a purpose other than the original purpose for which the personal data was collected and processed, as set out above, we will provide you with information on that other purpose.

Failure to provide your personal data for the purposes set out above may result in us being unable to accept and/or process your investment and/or request.

Disclosure of Personal Data

We may disclose your personal data and related information to any of the following persons, whether based in or outside of Hong Kong:

•           Companies within the Sumitomo Mitsui Financial Group (the “Group”), custodians, service providers, agents, contractors, data processors, administrators, telecommunication companies or professional firms and their delegates (including employees, directors and agents);
•          government agencies such as the Hong Kong Police (including without limitation the Joint Force Intelligence Unit), if we suspect that any relevant person is/may be engaged in drug trafficking, terrorism or any other serious crime; or the handling of the proceeds of crime or terrorist property;
•           regulators/organizations under applicable local legal or regulatory requirements (in such cases, our obligation to report may override our confidentiality obligations to you); or
•           persons related to any of the above.

International transfer

To provide global services and in the course of running our business, we may transfer personal data outside of Hong Kong. In such cases, we will ensure compliance with the requirements outlined in the PDPO. 

Direct marketing

Provided that your consent has been obtained and not subsequently withdrawn, we and the Group may use any of the following personal data belonging to you for direct marketing purposes: (i) name, (ii) telephone number(s), (iii) residential and/or correspondence addresses and (iv) email address(es).

Your data may be used for the direct marketing of any of the following products/services: (i) funds, (ii) investment opportunities and (iii) other related products/services.

You may decide whether or not to allow us to use your personal data for direct marketing. We respect your privacy. Your personal data will never be disclosed or transferred by us to any company outside of the Group for the purpose of direct marketing without your prior consent.

Please note that you have the right to opt-out of receiving direct marketing communications from us at any time. You can do so by contacting our Data Protection Officer as detailed in the “How to Contact Us” section below.

Data retention

We will retain your personal data for as long as necessary to carry out the purposes as set out above, subject to applicable legal and regulatory obligations. In particular, any personal data collected and processed pursuant to money laundering obligations will be retained for five years following the termination of the business relationship.

Your rights

You have various rights in connection with the processing of your personal data. Please note that the rights below may be subject to limitations as prescribed by the PDPO and may not be available in certain circumstances.

You have the right to:

• Access
  To confirm whether we hold any of your personal data and provide access to such personal data.
• Correction
  To request that we update the personal data we process in relation to you, or to correct personal data that you think is incorrect or incomplete.
• Ascertain
  To request that we describe our policies and practices in relation personal data and inform you of the kind of personal held by us.
• Object
  To object to the processing of your personal data for direct marketing purposes. Upon receipt of your objection, we will cease using your personal data for such purposes.

Protection Measures

We have adopted appropriate physical, electronic, technical, and organizational measures to protect the integrity and security of your personal data against unauthorised or accidental loss, access, use, modification or disclosure, for example: limiting data access on a need-to-know basis through physical, administrative and technical access controls, continuous monitoring for security breaches, staff training, and incident response procedures.

How to Contact Us

If you have any questions or comments about this Notice, you may contact us in writing at:

Sumitomo Mitsui DS Asset Management (Hong Kong) Limited

By post to:

Suites 901 & 902, 9th Floor,

Two Taikoo Place, Taikoo Place,

979 King's Road,

Quarry Bay, Hong Kong

Or

By email to:

dl-compliance.hk@smd-am.co.jp

Attn.: Data Protection Officer

Third Party Website

Our website may contain links to third party websites. We do not control and are not responsible for the privacy practices or the content of these third-party websites. This Notice does not apply to such third-party websites. You are advised to review the privacy policies of any third-party websites you visit. When you click on a link to a third-party website, you will be subject to that website's privacy policy and terms of use. We do not endorse or make any representations about third-party websites, and your use of such websites is at your own risk.

Cookies Policy

We use cookies for various purposes, including to make our website work and to track the website users’ behaviour for statistics and marketing purposes. This website is set to accept some cookies. You can exercise your preference as to whether to accept or to reject these cookies through the Cookiebot Consent Management Platform (“CMP”). If you choose to reject some cookies, some features of the website may be affected. Please refer to our Cookie Policy for further details and to understand our practices regarding the information collected from our website visitors.

Updates to Our Notice

We reserve the right to revise, modify and update this Notice from time to time.  Any amendments to this Notice will be posted on this page or elsewhere on this website as deemed appropriate. We recommend that you review this page periodically to stay informed of any updates and the effect on your use of this website. By continuing to use this Website, you signify your acceptance of any amendments to this Notice.