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Personal
Information Collection Statement
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For
Clients
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1.
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It
is obviously often necessary for clients
or (where clients are businesses,
incorporated or otherwise) their
individual representatives (in this
statement these individual representatives
will, for the sake of brevity, also be
referred to generally as
"clients") to supply CBCI with
data about themselves in connection with
CBCI'
provision of legal advice and services to
those clients.
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2.
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Failure
to supply such data may result in CBCI being unable to provide clients with the
legal services, or generally to give
clients the legal advice requested.
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3.
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It
is also the case that CBCI collects data
from clients in the ordinary course of the
client-solicitor relationship on an
ongoing basis.
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4.
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The
purposes for which data relating to a
client may be used are as follows:
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4.1
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the
provision of legal advice and services to
the client in accordance with the
instructions of the client and as CBCI may
otherwise deem appropriate or necessary;
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4.2
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designing
legal services or related products for
clients' use;
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4.3
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marketing
legal services or related products;
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4.4
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collection
of outstanding fees from clients;
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4.5
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meeting
the requirements to make disclosure under
the requirements of any law binding on CBCI
or any of its branches or associated firms
or offices;
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4.6
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purposes
specifically provided for in any
particular service offered by CBCI; and
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4.7
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purposes
relating to any of the above.
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5.
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Data
held by CBCI relating to a client will be
kept confidential but CBCI may provide
such information to:
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5.1
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any
other branch or associated firm or office
of CBCI;
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5.2
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any
other legal practitioner (including,
without limitation, solicitors, barristers
and foreign lawyers), accountant, or other
financial or professional adviser
representing the client in connection with
those legal services and advice being
provided to the client by CBCI;
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5.3
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to
the extent CBCI, in its absolute
discretion, considers prudent, other
solicitors, barristers, accountants, other
legal practitioners and other
professionals representing other persons
involved in matters or dealings in respect
of which the client has requested CBCI's
legal services and advice;
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5.4
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any
financial institution, business or
professional firm with which the client
has or proposes to have dealings related
to the legal services or advice being
provided to the client by CBCI;
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5.5
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any
actual or proposed assignee of CBCI or
transferee of CBCI' rights in respect of
the client or any firm of solicitors or
other law firm which takes over the
business of CBCI or into which CBCI is
merged; and
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5.6
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if
a client is ever in default of payment of
legal fees to CBCI or otherwise, debt
collection agencies.
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6.
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Under
and in accordance with the terms of the
Personal Data Privacy Ordinance (the
'Ordinance') and guidelines issued
pursuant thereto, any individual:
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6.1
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may
check whether CBCI holds data about
him/her and may request access to such
data;
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6.2
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may
request CBCI to correct any data relating
to him/her which is inaccurate;
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6.3
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may
request CBCI to specify its policies and
practices in relation to data and to be
informed of the kind of personal data held
by CBCI;
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6.4
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may
request CBCI to inform him/her which items
of data are routinely disclosed to debt
collection agencies and may request CBCI to provide him/her with further
information to enable him/her to make an
access request and/or correction request
of the relevant debt collection agency
about his/her data; and
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6.5
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may
object to the use of his/her personal data
for marketing purposes, CBCI will not use
his/her personal data for these purposes
if he/she communicates his/her objection
to CBCI.
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7.
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In
accordance with the terms of the
Ordinance, CBCI has the right to charge a
reasonable fee for the processing of any
data access or correction request.
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8.
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The
person to whom requests for access to data
or correction of data or for information
regarding policies and practices and kinds
of data are to be addressed as follows IN
WRITING to Personnel and
Administration Manager of CBCI.
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9.
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Nothing
in this Statement shall limit the rights
of customers under the Personal Data
(Privacy) Ordinance.
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10.
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If
there is any conflict between the English
and Chinese versions of this Statement (if
any), the English version shall prevail
for all purposes.
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For
Staff
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1.
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It
is necessary for staff member ('data
subjects') to supply the Firm with data
about themselves and sometimes also their
family members from time to time in
connection with their employment.
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2.
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Failure
to supply such data will result in the
Firm being unable to operate its practice
properly and may affect a data subject's
employment prospects with the Firm and
even result in dismissal.
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3.
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The
purposes for which data relating to data
subjects are to be used are as follows:
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3.1
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identification
and determination of eligibility for
employment in Hong Kong generally and
qualifications relevant to data subject's
employment with the Firm in particular;
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3.2
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assessing
work performance, attendance and
disciplinary record;
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3.3
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reviewing
salaries, bonuses and other benefits;
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3.4
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consideration
of eligibility for staff loans;
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3.5
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providing
employee references;
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3.6
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disclosure
to immigration authorities - in relation
to employment visa, where required;
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3.7
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disclosure
to tax authorities in the ordinary course
of business;
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3.8
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all
other matters relating to employment of a
data subject.
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4.
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Data
held by the Firm relating to data subjects
will be kept confidential but the Firm is
authorised to provide such information to:
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4.1
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any
person when the Firm is compelled to make
disclosure under the requirements of any
law binding on it or any of its branches,
including, without limitation, tax
authorities;
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4.2
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any
person with the express or implied consent
of the data subject;
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4.3
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any
person where the interests of the Firm
require disclosure;
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4.4
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any
person where the public interest requires
disclosure;
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4.5
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any
agent, contractor, or third party service
provider who provides administrative,
telecommunications, computer or other
services to the Firm in connection with
the operation of its practice;
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4.6
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any
other person under a duty of
confidentiality to the Firm including
member of CBCI and other associated law
firms and related business which has
undertaken to keep such information
confidential;
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4.7
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persons
seeking employee reference;
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4.8
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Personnel
Department staff of the Firm and
supervisors of the data subject during the
course of his/her employment; and
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4.9
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pensions
or insurance companies with whom the Firm
has arranged benefits entitlement/coverage
for staff.
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5.
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Under
and in accordance with the terms of the
Personal Data (Privacy) Ordinance (the
'Ordinance') any individual:
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5.1
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has
the right to check whether the Firm holds
data about him/her and the right of access
to such data;
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5.2
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has
the right to require the Firm to correct
any data relating to him/her which is
inaccurate;
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5.3
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has
the right to ascertain the Firm's policies
and practices in relation to data and to
be informed of the kind of personal data
held by the Firm.
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6.
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In
accordance with the terms of the
Ordinance, the Firm has the right to
charge a fee for the processing of any
data access request.
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7.
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The
person to whom requests for access to data
or correction of data for information
regarding policies and practices and kind
of data held are to be addressed to the Personnel & Administration
Manager of CBCI.
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8.
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If
a data subject is at any time requested to
supply information about members of
his/her family, he/she is requested to
pass a copy of this notice to the relevant
family member so that he/she is aware of
his/her rights under the Ordinance.
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