1. Collection of Data

The personal data provided by client to Element1 and in any documentation which comes into existence as a result of client’s opening or maintaining of the Account with Element1, will be used by Element1 for the following purposes:-

(a) activities relating to the processing of client’s application to open and maintain the Account, including but not limited to conducting credit reporting through credit report agencies both in  Hong Kong SAR and overseas, or the processing of client’s application for grant of credit or margin facilities by Element1or the maintaining and the review of such credit or margin facilities (if applicable);

(b) activities relating to purchasing, selling, investing, exchanging, acquiring, holding, disposing of and generally dealing in and with all kinds of securities on behalf of client;

(c) maintenance of particulars and data in compliance with the statutes and subsidiary legislation which are enacted and effective in Hong Kong SAR relating to securities business and transactions and also in compliance with the codes and regulations of the relevant regulators, the rules and regulations of any Exchange and the ClearingHouse.

2. Obligation to provide personal data

2.1 It is obligatory for client to supply the personal data as required by Element1.  If client fails to supply the required personal data, Element1 may refuse to open or maintain the Account or may refuse to provide services to client.

2.2 When providing any personal data to Element1, please ensure that the data is accurate having regard to client’s obligations under the law.

3. Disclosure of Information

3.1 Element1 may, as it deems necessary, disclose to its agents or nominees, associates, individuals or corporations dealing with securities, futures and options clearing and Element1’s auditors such information as it requires to operate client’s account or execute client’s orders relating to the activities described in 1(b) above.

3.2 In compliance with any statute and subsidiary legislation which are enacted and effective in HongKong SAR relating to securities business and transactions and also in compliance with the codes of SFC, the rules and regulations of the Exchange and the Clearing House, the personal data provided by client may be disclosed to the Exchange and the Clearing House and any financial regulator, government bodies, other regulatory authorities, individuals or corporations who have the right to such data and information as prescribed by law.

3.3 Element1 is authorised to use information provided in connection with the Account for marketing purposes, including the exchange of non-financial information with selected business partner.  If theAccount is in default, Element1 is authorised to disclose information about the Account to third party debt collection agencies. Element1 is authorised to disclose information about the Account to potential purchaser for the purpose of due diligence in relation to a merger or acquisition.

4. Access to Personal Data

4.  In accordance with the law, client may request access to the personal data supplied by client and may request Element1 to correct any inaccurate data. Element1 shall be entitled to charge a reasonable fee for processing of any data access request.

5. Enquiries

5.  Enquiries concerning the personal data provided by client to Element1, including the request for access and corrections, should be addressed to:

The Privacy Officer

E-mail: [email protected]