China PIPL

This China Privacy Notice (“China Notice”) is provided as a supplement to the Opinionest Privacy Policy in order to comply with the China Personal Information Protection Law (“PIPL”) and its related regulations. This notice describes our purposes for processing personal information, your rights regarding our processing of your personal information, and how to contact Opinionest if you have concerns or requests regarding our processing of your personal information. This China Notice takes precedence over the Opinionest Privacy Policy in the event of any anomalies.

For the purpose of this China Notice, “Personal Information” means any electronic or otherwise recorded information related to identified or identifiable natural persons, excluding anonymized data.

What types of personal information do we collect and use?

The types of personal data we process may include:

• personal details relating to you (name, date and place of birth, nationality, gender, domicile)
• contact details, including private and / or business phone numbers, postal/residential and email addresses
• identification data such as social network user names, customer identifiers relationship identifiers (e.g. client segment and account currency), photographs
• marital status, name of spouse, number of children (if applicable)
• order data (e.g. payment data and account information)
• data from the fulfilment of our contractual obligations
• information about your financial situation (e.g. source of wealth, incomes, benefits, mortgage information, shareholdings)
• data related to designation of your status as a politically exposed person (PEP) and related information
• marketing and sales data (e.g. customer relationship documentation)
• data relating to your habits and preferences
• dietary and access requirements (e.g. for event organisation purposes)
• data from your interactions with us, our branches, our internet websites, our apps, our social media pages, meetings, calls, chats, emails, interviews and phone conversations
• data relating to your current and past professional roles and employment, and education (e.g. corporate title, membership of professional associations or bodies, career histories or biographies, job function, knowledge and experience in investment matters, qualifications and skills)
• health data
• other data similar to the broad categories mentioned above.

Moreover, our website utilise a standard technology known as “cookies” to gather information about how our website is used, which may contain your personal information. Cookies are necessary for the functionality of our websites. You can opt out of getting cookies by disabling cookie support; but, doing so may prevent our website from functioning properly and prevent you from accessing all of the available services and content. Please refer to our Privacy & Cookie Policy to learn more about our policies on the use of cookies and your online security.

How do we use your Personal Information

We have collected the types of personal information outlined above about consumers in the last 12 months for business or commercial purposes. We may use or disclose personal information for one or more of the following business or commercial purposes:

• To fulfill or meet the reason for which the personal information was provided.
• To fulfill our contract with you and our contracts with suppliers.
• To fulfill our regulatory obligations.
• To provide you with information, products, or services that you request from us.
• To perform services such as maintaining or servicing accounts, providing investor services (including processing of subscription documents for investments), processing or fulfilling orders and transactions, providing advertising or marketing services, or where we have a legitimate interest in processing the information.
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
• To advance our commercial or economic interest not otherwise identified above.

Share Personal Information with Third Party

We may need to provide information to third parties for a variety of reasons. Please refer to the section titled ‘How we will use your personal information’ which explains how we use your data. The third parties we share your information with are as follows:

• External legal counsel, and consultants (including regulatory and tax);
• Auditors;
• Maintaining and improving our service, auditing, quality assurance and training – for example, we may review your personal information to identify how our services can be improved;
• Third party outsourced IT consultant firms;
• Companies that assist us with processing transactions;
• Third party firms which provide background checks for due diligence; and
• Other purposes – for any other purpose communicated to you at the time we collect your personal information or as required or permitted by law.

Occasionally we may be required or authorised to collect personal information because of laws in China or an order of a Court / Tribunal. If we are collecting personal information for this purpose, and we are permitted to do so, we will tell you.

Your Rights Under the PIPL

You are provided with a number of different rights under the PIPL in relation to your personal information. These allow you:

• To access your information;
• To request we correct your information;
• To request that we erase your information;
• To object to the processing of your information whenever it is not compliant with the PIPL;
• To request a transfer of your information;
• To request not to be subject to automated decision-making;
• To withdraw your consent; and
• To lodge a complaint with the regulator.

To exercise any of the above rights you do not need to use a particular form but you should write to us on the details given in the ‘Contact us’ section.

Your rights above may be subject to certain limitations, and we may not be required to fulfill all requests in all circumstances. For example, we may not be able to delete or anonymize all data as we may be legally required to retain certain data or retain certain data in identifiable form under applicable laws.

If you don’t give us your personal information

If you don’t provide us with the required personal information, we and our clients may not be able to provide you with some or all services. Where we collect personal information from you, we expect you to tell us if you do not consent to us disclosing the personal information you provide to us to the types of third parties referred to above. You have the right to withdraw consent at any time.

Automated Decisions and Profiling

We process some of your data automatically to assess certain personal aspects (profiling), which is necessary to assist us to personalize and improve the quality of our services provided to you and to help us meet legal and regulatory requirements.

These tools allow our communications and marketing to be tailored to you as needed. You have the right to refuse the application of these tools, which may, however, affect our ability to manage a business relationship with or to provide well-tailored products and services to you. Please also note that this right is not available to you in certain situations (e.g. the automated-processing authorized by laws or regulations).

Non-Discrimination

We will not discriminate against you for exercising any of your PIPL rights.

Security of personal information

We protect personal data in our possession or under our control by making reasonable physical, technical, administrative and procedural security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks.

Cross-border Transfer of Your Personal Information

We will only transfer your personal information outside China where you have given your consent to such transfer, and you are aware and understand the reason why the transfer is required. If your consent has been obtained, we may transfer personal data outside China.

We will use lawful cross-border transfer mechanism to transfer your Personal Information overseas and adopt necessary measures to ensure the overseas recipients can provide the same level of protection as required under applicable Chinese laws.

Storing your information

We will retain personal information for varying lengths of time based on the purposes for which it was obtained and the requirements of any applicable law or regulation. When determining how long to keep your personal information, we will consider the amount, nature, sensitivity, and intended use of the information, as well as the potential risk of damage from unauthorised use or disclosure. We regularly examine our retention periods for personal information and will guarantee that all records are securely destroyed if we no longer require them or if you contact us to do so.

Changes to Our Privacy Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will notify you through a notice on our website homepage. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions regarding our privacy policies, the ways in which we collect, use, or disclose your personal information, or how to exercise your rights under the PIPL, please do not hesitate to contact us using the details given in the ‘Contact us’ section.

This policy has been last updated on 22nd Oct’22 and shall be applicable from such date on all our existing and prospective users.