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Personal Information Collection Statement

For Clients

 

1.

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.

 

2.

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.

 

3.

It is also the case that CBCI collects data from clients in the ordinary course of the client-solicitor relationship on an ongoing basis.

 

4.

The purposes for which data relating to a client may be used are as follows:

 

 

4.1

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;

 

 

 

 

4.2

designing legal services or related products for clients' use;

 

 

 

 

4.3

marketing legal services or related products;

 

 

 

 

4.4

collection of outstanding fees from clients;

 

 

 

 

4.5

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;

 

 

 

 

4.6

purposes specifically provided for in any particular service offered by CBCI; and

 

 

 

 

4.7

purposes relating to any of the above.

 

5.

Data held by CBCI relating to a client will be kept confidential but CBCI may provide such information to:

 

 

5.1

any other branch or associated firm or office of CBCI;

 

 

 

 

5.2

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;

 

 

 

 

5.3

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;

 

 

 

 

5.4

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;

 

 

 

 

5.5

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

 

 

 

 

5.6

if a client is ever in default of payment of legal fees to CBCI or otherwise, debt collection agencies.

 

6.

Under and in accordance with the terms of the Personal Data Privacy Ordinance (the 'Ordinance') and guidelines issued pursuant thereto, any individual:

 

 

6.1

may check whether CBCI holds data about him/her and may request access to such data;

 

 

 

 

6.2

may request CBCI to correct any data relating to him/her which is inaccurate;

 

 

 

 

6.3

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;

 

 

 

 

6.4

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

 

 

 

 

6.5

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.

 

7.

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.

 

8.

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.

 

9.

Nothing in this Statement shall limit the rights of customers under the Personal Data (Privacy) Ordinance.

 

10.

If there is any conflict between the English and Chinese versions of this Statement (if any), the English version shall prevail for all purposes.

 

For Staff

 

1.

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.

 

2.

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.

 

3.

The purposes for which data relating to data subjects are to be used are as follows:

 

 

3.1

identification and determination of eligibility for employment in Hong Kong generally and qualifications relevant to data subject's employment with the Firm in particular;

 

 

 

 

3.2

assessing work performance, attendance and disciplinary record;

 

 

 

 

3.3

reviewing salaries, bonuses and other benefits;

 

 

 

 

3.4

consideration of eligibility for staff loans;

 

 

 

 

3.5

providing employee references;

 

 

 

 

3.6

disclosure to immigration authorities - in relation to employment visa, where required;

 

 

 

 

3.7

disclosure to tax authorities in the ordinary course of business;

 

 

 

 

3.8

all other matters relating to employment of a data subject.

 

4.

Data held by the Firm relating to data subjects will be kept confidential but the Firm is authorised to provide such information to:

 

 

4.1

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;

 

 

 

 

4.2

any person with the express or implied consent of the data subject;

 

 

 

 

4.3

any person where the interests of the Firm require disclosure;

 

 

 

 

4.4

any person where the public interest requires disclosure;

 

 

 

 

4.5

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;

 

 

 

 

4.6

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;

 

 

 

 

4.7

persons seeking employee reference;

 

 

 

 

4.8

Personnel Department staff of the Firm and supervisors of the data subject during the course of his/her employment; and

 

 

 

 

4.9

pensions or insurance companies with whom the Firm has arranged benefits entitlement/coverage for staff.

 

5.

Under and in accordance with the terms of the Personal Data (Privacy) Ordinance (the 'Ordinance') any individual:

 

 

5.1

has the right to check whether the Firm holds data about him/her and the right of access to such data;

 

 

 

 

5.2

has the right to require the Firm to correct any data relating to him/her which is inaccurate;

 

 

 

 

5.3

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.

 

6.

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.

 

7.

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.

 

8.

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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