Data & Privacy
LAST UPDATED: 13th March 2024
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Your privacy is important to you and to us. So we'll protect the information you share with us. To protect your privacy, Henderson Fiduciary Limited (“HF”) follows different principles in accordance with worldwide practices for customer privacy and data protection.
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We won’t sell or give away your name, mail address, phone number, email address or any other information to anyone. For further information, please read “WHAT WE DO WITH THE INFORMATION YOU SHARE”
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We’ll use state-of-the-art security measures to protect your information from unauthorized users.
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NOTICE
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. We use your Personal Information for four primary purposes:
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To make the Website easier for you to use by not having to enter information more than once.
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To help you quickly find software, services or information.
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To help us create content most relevant to you.
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To alert you to product upgrades, special offers, updated information and other new services from HF.
If you choose not to register or provide personal information, you can still use most of www.henderson-fiduciary.com.
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SECURITY
HF has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honoured. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
HF strictly protects the security of your personal information and honours your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in Hong Kong SAR or any other country where HF, its subsidiaries, affiliates or agents are located.
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NOTICE TO PARENTS
Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.
The HF Website does not publish content that is targeted to children. It is important to us that we protect the privacy of children. We do not direct the Website or knowingly collect any personal information from, children under the age of thirteen. Under the circumstance that it has come to our attention that personally identifiable information of a child under the age of 13 – we will remove such information from our databases.
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ENFORCEMENT
If for some reason you believe HF has not adhered to these principles, please notify us by email at information@henderson-fiduciary.com, and we will do our best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.
WHAT WE DO WITH INFORMATION YOU SHARE
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When you join us, you provide us with your contact information and email address. We may use this information to send you updates about your order, questionnaires to measure your satisfaction with our service and announcements about new and exciting services that we offer.
We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies with the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
HF will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on HF or the Website; (b) protect and defend the rights or property of HF and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of HF, its Websites, or the public.
DATA PRIVACY POLICY ("POLICY")
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This Privacy Policy explains what you can expect from us and what we need from you in relation to your personal data that we collect as part of the onboarding procedure at HF. Please read this carefully as this Privacy Policy is legally binding when you use our Services.
We want you to understand why and how Henderson Fiduciary Limited (“HF”, “we”, “us” and/or “our”) collects, uses, discloses and or/processes your Personal Data (as defined below) under Hong Kong’s Personal Data Privacy Ordinance (Cap. 486) (the “PDPO”) and the European General Data Protection Regulation (the “GDPR”).
This Privacy Policy (“Policy”) applies to you and all Individuals (as defined below) who provide HF with Personal Data or whose Personal Data is otherwise collected, used, processed, stored and/or disclosed by HF in connection with and/or for the purposes of its operations.
This Policy supplements but does not supersede or replace any previous consent which you may have provided to HF, nor does it affect any legal rights that HF may have regarding the collection, use, processing and/or disclosure of any Individual’s Personal Data.
HF may from time to time update this Policy to ensure that it is consistent with our business needs or to accommodate amendments to applicable legal or regulatory requirements. All updates to this Policy will be published online at www.henderson-fiduciary.com.
This Policy forms part of the terms and conditions, if any, governing your specific relationship with HF (“Terms and Conditions”) and it should be read in conjunction with the Terms and Conditions. In the event of any conflict or inconsistency between the provisions of this Policy and the Terms and Conditions, the provisions of the Terms and Conditions shall prevail to the fullest extent permissible by law.
There are some information which are mandatory for us to collect in order to provide our services to you as part of being regulated.
Our principles of Data Protection:
Our approach to data protection is built around 3 key principles. They’re at the heart of everything we do relating to personal data.
User Sovereignty: You have full control over your data and you have the ability to make changes as required.
Transparency: We take a human approach to how we process personal data by being open, honest and transparent.
Security: We ensure industry leading approaches to securing the personal data entrusted to us.
1. Definitions: For the purposes of this Policy:
“Individual” (or “you”) means a natural person, whether living or deceased and “Individuals” (and “your”) shall be construed accordingly;
“Personal Data” means data that is capable of identifying an Individual, whether on its own or in conjunction with other data accessible to HF;
“Personnel” means any Individual engaged under a contract of service with HF including permanent or temporary employees as well as trainees and interns engaged by HF from time to time or HF’s Directors and Officers; and
2. Purposes for collection, use and disclosure of Personal Data
HF will only collect, use and disclose Personal Data from/or related to an Individual that is reasonably considered necessary for the relevant purposes underlying such collection, use or disclosure, which may include but is not limited to the following:
a) Facilitating HF’s provision of products and services which are used by you and from time to time with newsletters, marketing or promotional materials and any other information that may be relevant to you;
b) Communicating with you to assist you with your enquiries;
c) Dealing with administrative matters relating to the product and/or services purchased and/or subscribed to by you;
d) Conducting market research and customer satisfaction surveys;
e) Any other purposes that we notify you of at the time of obtaining consent (collectively known as the “Purposes”).
3. Collection of Personal Data
Generally, HF may collect Personal Data from you in one or more of the following ways or circumstances:
a) Information provided directly: You may be asked to provide Personal Data when you visit or use some parts of our websites and/or services. You do not have to provide us with your Personal Data; however, it could mean that you are not able to access some parts of our website or use our services.
b) Information collected automatically: Some information is collected automatically, such as an IP address and device type, when you visit our websites or use our services. This information is useful to us as it provides us with a better understanding of how you are interacting with our websites and services so that we can continue to provide you with the best experience possible.
c) Information from third parties: The majority of information that we collect is collected directly from you. Some data may be collected from other sources, such as information that is available in the public domain or trusted third parties in order to conduct background checks as part of your relationship with us. We use this information to supplement the Personal Data that we have collected from you.
Where your Personal Data is collected from third parties, we will only use such Personal Data where you have provided your consent to the third party which would also cover our processing of your Personal Data or where HF has a legitimate interest to use the Personal Data in order to evaluate the suitability of your relationship with us.
Some of the information we collect may include your personal data, such as your full name, contact information, Copy of your HKID, Copy of your passport or other identification, telephone number(s), residential address, email address, biometric data and other personal information required by government agencies, product and service selections, and other data that may identify you. We collect personal data about you at several different points, including but not limited to the following:
when we correspond with you as a customer or prospective customer;
when you visit our website or use the Platform;
when you use our software or services;
when you register as an end-user of our services and an account is created for you;
when you opt-in our newsletter program;
when you decide to participate in a survey;
When you voluntarily provide us with your information through our landing pages;
As part of our on-boarding process, there is some information which we have to collect from you as part of being regulated by the Hong Kong Companies Registry under a Trustee and Corporate Services Provider licence, without which we would not be able to provide you our services. In order to do so, we make use of independent providers to help us carry out identity checks on our behalf.
We seek to protect the information we share by imposing contractual privacy and security safeguards on the recipient of the information. Whenever redirected outside of HF, we encourage you to read the provider’s relevant privacy policy in order to have a better understanding on how your data is being processed.
4. Processing of Personal Data
Where we collect Personal data, we will only process it:
a) To perform a contract with you, or
b) Where we have a legitimate interest to protect the Personal Data which is not overridden by your rights, or
c) In accordance with a legal obligation, or
d) Where we have your consent.
Please note that if you choose not to provide us with your Personal Data or choose not to consent to our processing of your Personal Data, we may not be able to provide some or all of our Services to you or respond to your other requests; for job applicants, we would not be able to evaluate your suitability against our employment opportunities.
5. Sharing Information Outside HF
HF shares information with external parties that are performing tasks on our behalf (including data processors and sub-contractors) and with other companies, organisations, government bodies, and individuals outside HF where we have a legitimate legal reason for doing so (for example, to comply with a court order) or where we have been instructed to share the information on behalf of our clients.
6. Consent
Unless otherwise authorised under the PDPO or any other applicable law, HF will not collect, use or disclose your Personal Data without your knowledge and consent. HF will highlight the Purposes relevant to you, by appropriate means, at the point or time of collection of your Personal Data.
HF may obtain your consent via express provisions in a contract, application form and/or registration form to be signed with or submitted to HF;
In so far as any Purpose(s) are intrinsic to the relationship or provision of services, HF reserves the right to decline to engage in the relevant relationship or to provide the relevant services to you if you do not consent to HF collection, use or disclosure of your Personal Data for such purposes.
If you voluntarily provide Personal Data to HF for any specified purpose you will be deemed to have agreed and consented to HF collecting, using and/or disclosing their Personal Data in the manner and for the purposes set forth in this Privacy Policy.
If you provide HF with Personal Data relating to a third party (e.g. information of his or her spouse or children) for any particular purpose, you represent to HF that you have obtained the consent of the relevant third party for HF to collect, use or disclose such Personal Data for the relevant purpose.
7. Disclosure of Personal Data
There may be occasions where we may need to share your Personal Data with third parties. HF will disclose your Personal Data only in the following circumstances:
a) to HF’s third party service providers or agents;
b) to HF’s auditors and professional advisors;
c) to regulators, law enforcement bodies, government agencies, courts or any other third party to whom disclosure is permitted or required by any applicable law or regulation;
d) to other parties where we have your consent.
8. Request to Withdraw Consent
You have the right to withdraw your consent to the collection, use and/or disclosure of your Personal Data in the possession of HF by submitting your request to HF’s Data Protection Officer at compliance@henderson-fiduciary.com at any time.
We will process your request for the withdrawal of consent within a reasonable period of time from such a request being made. After that time, we will not collect, use and/or disclose your Personal Data in the manner stated in your request.
Your withdrawal of consent could affect the services that we are able to provide to you. Depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we are not able to continue with our existing business relationship.
9. Cookies
We may place and access certain cookie on your computer and/or any electronic device used to access the Website. We use cookies to improve your experience using the Website and to improve our Services. We have taken steps to ensure that your privacy is protected and respected at all times. With regards to data that is collected by cookies, you may disable the use of cookies on your internet browser when accessing HF’s Website. However, disabling the use of cookies may result in the loss of functionality, restrict your use of the website and/or delay or affect the way in which HF’s website operates.
10. Security of Personal Data.
HF shall make reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks to Personal Data in its possession.
If HF transfers Personal Data outside of Hong Kong we will take reasonable steps to ensure that such Personal Data transferred receives a standard of protection comparable to the protection received under the PDPO and such transfer shall be subject to this Policy.
HF is not responsible in any way for the security and/or management of Personal Data shared by you with third party websites accessible via links on HF’s website.
In the event of a breach of security in respect of any Customer Data, HF shall promptly (but as soon as practical from a security perspective) provide notice of such breach to the Customer and any individuals acting on behalf of such Customer, setting out the extent of the breach, the affected Customer Data and any steps taken by HF to remedy and limit the consequences of the breach.
11. Access to and correction of Personal Data
In general, the rights afforded to individuals are:
a) Right to Access
The right to be informed of and request access to the Personal Data that we process about you. This will enable you to check what Personal Data we are processing and whether the processing is lawful.
We will respond to your access request as soon as reasonably possible. Should we not be able to respond to your access request within 30 days after receiving your access request, we will inform you in writing via email within 30 days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data requested by you, we shall generally inform you of the reasons why we are unable to do so.
b) Right of Correction/Rectification
The right to request that we amend or update your Personal Data where it is inaccurate or incomplete. Kindly note that while we shall make a reasonable effort to ensure that the Personal Data we collect is accurate and complete, you are responsible for ensuring the accuracy of the Personal Data that you provide to us directly.
We will respond to your correction request as soon as reasonably possible. Should we not be able to perform the correction request within 30 days after receiving your request, we will inform you in writing via email on the time by which we will be able to perform your correction request. If we are unable to perform a correction requested by you, we shall generally inform you of the reasons why we are unable to do so.
c) Right to Withdraw Consent
You have right to withdraw your consent at any time, where consent is the legal basis of the processing of your Personal Data. Kindly note that depending on the nature and scope of your request, we may not be in a position to continue performing our obligations in the course of or in connection with the event to you.
For individuals covered by the GDPR, they also have the following rights (as available and subject to any applicable law):
d) Right to Erasure
The right to request that we temporarily or permanently stop processing all or some of your Personal Data.
e) Right to Object
The right to object to your Personal Data being processed by us for direct marketing purposes, or to, at any time, object to us processing your Personal Data on grounds relating to your particular situation.
f) Right to Data Portability
The right to request a copy of your Personal Data in electronic format and the right to transmit that Personal Data for use in another party’s service.
g) Right not to be subject to Automated Decision-making
The right to not be subject to a decision based solely on automated decision-making where the decision would have a legal effect on you or produce a similarly significant effect.
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If we send you electronic marketing messages (i.e newsletters) based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection at no cost. The electronic marketing messages you receive from HF will also include an “unsubscribe” option within the message itself to enable you to manage your Personal Data. Please note that if you opt-out of receiving direct marketing materials, we may still send you non-promotional messages, such as receipts or information about the Services we are providing to you.