Privacy Policy
Personal Information Privacy Policy
Orion3 Corporation Limited and it’s affiliates, together (“Orion3”) [orion3 website?] recognise the importance of personal information and data privacy and are committed to protecting the privacy of third parties’ data. The policy below sets out how we use and protect your information
Orion3 is bound by and committed to the terms of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“Privacy Ordinance”). A summary of the Hong Kong Privacy Policy Statement is available by contacting our office.
What is Personal Information?
Personal information is any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
What kinds of Personal Information do we collect and hold about you?
Orion3 collects personal information that is reasonably necessary for one or more of its functions or activities in connection with fund management services and investment advice. If Orion3 is unable to collect such personal information from or about an individual, it may not be able to do business with that individual or the organisation with which the individual is connected.
Orion3 is subject to certain legislative and regulatory requirements which necessitate that it obtains and holds detailed information which personally identifies clients and may contain information or an opinion about our clients. The types of personal information which are collected from our clients, prospective clients and suppliers (including employees of our clients, prospective clients or suppliers) include name, address, other contact / identification details, bank account details as well as information about products and services which those individuals request from Orion3 from time to time, and may also include information pertaining to a client’s or prospective clients’ financial circumstances including income and net assets (to confirm that person is a wholesale client or professional investor, as applicable) (collectively, “Personal Information”).
We do not collect sensitive information from our clients unless required by law.
How is Personal Information collected?
Generally, collection of Personal Information will be affected in a face-to-face interview, over the telephone, by way of an application form or other client establishment documentation, through the Orion3 website, or other means of communication including email correspondence. From time to time additional and/or updated Personal Information may be collected through one or more of those methods.
Sometimes, Personal Information is collected from other people or organisations. For example, information about a director of a corporate customer may be obtained from a public record relating to the company. Orion3 may also collect Personal Information from its suppliers in order to complete business transactions and purchase products and services.
Orion3 will not collect any Personal Information about a client or prospective client except where the client or prospective client has knowingly provided that information to us or authorised a third party to provide that information to us, or where such information is already in the public domain. Regardless of how it is collected, all Personal Information is handled in accordance with this Privacy Policy.
What does Orion3 use your Personal Information for?
Orion3 will only collect, maintain and use the Personal Information it holds for the purposes as set out herein, including:
- providing financial services, advice and/or making financial product recommendations;
- providing client support, responding to inquiries and requests for product information;
- arranging financial product transactions and processing dealings on behalf of clients;
- performing any necessary anti-money laundering, counter-terrorist financing and know-your-client-checks;
- sending investor communications, such as mailing of notices and financial reports;
- complying with legal and regulatory obligations, as well as internal procedures (e.g. data / client verification, record keeping etc.);
- protecting our rights and property;
and all matters necessary or incidental to the above. In addition to the above, please refer to “Use and disclosure of your Personal Information for direct marketing” below regarding the use of your Personal Information in direct marketing.
To whom does Orion3 disclose your Personal Information?
Orion3 may also share the Personal Information, to the extent necessary in connection with fund management services and investment advice, with its affiliates and external service providers, any investment funds managed by Orion3 or its affiliates, including any broker, counterparty, custodian, registrar, administrator, accountants, lawyers, financial advisers (including their employees, officers, directors or agents) (collectively, the “External Service Providers”).
For example, Orion3 may disclose clients’ Personal Information to the External Service Providers for the following purposes in order to provide you with the requested services:
(a) execution, clearing and settlement of financial product transactions;
(b) registration and/or changes to investor details;
(c) accounting for financial products transactions;
(d) causing statutory audits to be conducted as required by law;
(e) maintenance and service of our information technology systems; or
(f) in the course of reviews by external consultants.
Orion3 may disclose the Personal Information to third parties in order to verify the Personal Information in connection with the above-mentioned services.
Orion3 may also disclose the Personal Information to potential purchasers of Orion3 or its affiliates solely for the purpose of conducting due diligence relating to such purchase.
Orion3 has related companies, which is registered in the British Virgin Islands and Cayman Islands. Subject to the Privacy Ordinance and the Privacy Act, Orion3 may share the personal information which it holds with its related company, unless you request otherwise. If our related company is entitled to use that personal information, it will only do so for the purposes for which the personal information was collected by Orion3 unless otherwise required by law.
Sometimes, the law requires Orion3 to collect and disclose Personal Information. Orion3 is required under the Securities and Futures Ordinance (Cap. 571) to make certain information available for inspection by the Hong Kong Securities and Futures Commission on request to ensure ongoing compliance with licensing and regulatory requirements. Information may also be disclosed to a court in response to a subpoena or to a Government agency such as the Hong Kong Inland Revenue Department on receipt of a direction issued under relevant taxation laws.
Where a client nominates someone to act on his or her behalf, Orion3 will only provide Personal Information to that person, for example, the client's accountant or financial adviser, with the client’s permission or in accordance with the client’s instructions.
Orion3 will not use or disclose the Personal Information collected for any purpose other than those set out herein unless the client or prospective client has been informed and has consented to such use or disclosure or otherwise as required by law.
Use and disclosure of your Personal Information for direct marketing
We may also use your personal information to keep you informed about the financial products and services offered by us. We may not use your personal information for direct marketing purposes unless we have received your prior consent for this purpose. You can opt out of receiving direct marketing information from us at any time by contacting us (see our contact details below).
Security and accuracy of Personal Information
Orion3 will take all reasonable precautions and exercise all due diligence to ensure that all Personal Information we collect or use is:
- accurate, complete and up-to-date;
- stored in a secure environment;
- protected against unauthorized or accidental access, processing, erasure or other use;
- accessed only by authorised personnel for permitted purposes; and
- not kept for longer than is necessary.
Some of the entities we share your information with may be located in, or have operations in, countries other than your country of residence. The countries to which your personal information could be sent are currently Australia, Canada, Cayman Islands, Curacao, Hong Kong, Singapore, Switzerland, United Kingdom and the United States of America. In such cases Orion3 will endeavour to ensure that there are adequate levels of protection for your Personal Information taking into account applicable legal and regulatory requirements.
If your details change, we ask that you advise us of the change as soon as possible by writing to the Compliance Officer (see contact details below) in order that we may maintain accurate records.
Website
Orion3 has implemented procedures and installed equipment to safeguard the security and confidentiality of any Personal Information collected via our website. We continually review these arrangements to ensure that we are doing all that is reasonably and technically feasible at the time to protect your Personal Information, although because of the nature of the internet, we cannot guarantee that it is totally protected from hackers or misuse.
This Privacy Policy does not apply if you access another website through a link from ours. In this case the privacy policy of the owner of the other website (if any) will apply. We cannot and do not make any warranty or representation as to the practices of any linked websites in the handling of your Personal Information.
Access to Personal Information
For residents of Hong Kong- You are entitled to request access to and correction of most Personal Information Orion3 holds about you (subject to the exceptions listed below), by contacting us at:
The Compliance Officer
Orion3 Corporation Limited
Unit 1901, 19/F, |
Sungib Industrial Centre, |
53 Wong Chuk Hang Road,
Wong Chuk Hang,
Hong Kong
Tel: +852 2123 5757
For non-Hong Kong residents - You are entitled to request access to and correction of most Personal Information Orion3 holds about you (subject to the exceptions listed below), by contacting us at:
OR
Email: harry.chang@orion3group.com
Where you request access to your Personal Information, to the extent permitted by the Privacy Ordinance or Privacy Act (as applicable), Orion3 may charge you a reasonable fee for giving access to the information.
Subject to the requirements under the applicable laws, Orion3 may not provide you with access to your Personal Information if:
(a) we reasonably believe that providing access would pose a serious threat to the life, health or safety of a person or to public health or public safety;
(b) providing access would have an unreasonable impact on the privacy of other individuals;
(c) the request for access is frivolous or vexatious;
(d) the information is related to existing or anticipated legal proceedings between us and you and would not be discoverable in those proceedings;
(e) providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
(f) providing access would be unlawful;
(g) denying access is required or authorised by or under law or court/tribunal order;
(h) we have reason to suspect that unlawful activity or serious misconduct relating to our functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to that activity or misconduct;
(i) providing access would be likely to prejudice enforcement related activities conducted by or on behalf of an enforcement body; or
(j) providing access would reveal any evaluative information generated by us in connection with a commercially sensitive decision-making process.
In the event Orion3 refuses you access to your Personal Information, we will provide reasons for making this decision.
Resolving concerns
If you believe that the privacy of your Personal Information has been compromised, you are entitled to complain. Complaints can be made by contacting the person you were dealing with or by contacting us on the above numbers or at the above addresses. We will respond to complaints as soon as possible.
It is our intention to use our best endeavours to resolve any complaint to your satisfaction. However, if you are unhappy with our response, you are entitled to contact the Office of the Privacy Commissioner for Personal Data, Hong Kong or the Office of the Australian Information Commissioner (as applicable) who may investigate your complaint further.
Additional information
If you would like more information about Orion3’s approach to privacy, you are encouraged to contact us on the above numbers or at the above addresses.