Personal Information Collection Statement

For Clients

1. It is often necessary for individual clients or (where clients are businesses, incorporated or otherwise) their individual representatives (including without limitation directors, other officers, employees and staff members of client businesses) (in this statement these individual representatives will, for the sake of brevity, also be referred to generally as “clients” and, in the “Important Notes” section of paragraph 4.7 below, as “Representatives”) to supply Deacons with data about themselves in connection with Deacons’ provision of legal advice and services to those clients. These data may include copies, and other details, of identity documents, proof of address, other contact details, and proof of authority to instruct Deacons.
2. Failure to supply such data may result in Deacons 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 Deacons collects data from clients in the ordinary course of the client-solicitor relationship on an ongoing basis.
4. The purposes for which personal data relating to a client may be used are as follows:

Obligatory purposes – if a client does not want Deacons to use his personal data for any of the purposes listed in paragraphs 4.1 to 4.6 below (inclusive), Deacons will not be able to provide the legal services, or give the legal advice, requested all kinds of personal data about a client will be used for:

4.1 the provision of legal advice and services to the client in accordance with the instructions of the client and as Deacons may otherwise deem appropriate or necessary;

4.2 designing legal services or related products for clients’ use;

4.3 collection of outstanding fees from clients;

4.4 meeting the requirements to conduct client identification and verification and to make disclosure under the requirements of any law, guideline, code of practice or practice direction binding on, or applicable to, Deacons or any of its branches or associated firms or offices including, but not limited to, any such law, guideline, code or practice direction relating to anti-money laundering and anti-terrorism;

4.5 purposes specifically provided for in any particular service offered by Deacons;

4.6 purposes directly related to any of the above;

Voluntary purpose

the client’s name and contact details (including but not limited to office address, telephone number and email address) provided by the client to Deacons will be used for:

4.7 marketing Deacons’ own legal services and/or related products.

If a client does not want Deacons to use his personal data for the purposes mentioned in paragraph 4.7 above, he may write to or email the officer named at the end of this statement, indicating his decision and/or return a copy of this statement to that officer.

IMPORTANT NOTES about Deacons marketing:

All marketing in relation to Deacons legal services and related products to Representatives is sent to them in their official capacity as representatives of the client business for whom they work or represent and not in their individual capacity.

5. Data held by Deacons relating to a client will generally be kept confidential but Deacons may provide such information for the above purposes to:

5.1 any other branch or associated firm or office of Deacons;

5.2 a government agency such as the Hong Kong Police, the Hong Kong Customs and Excise Service, the Hong Kong Immigration Service and the Independent Commission against Corruption, if Deacons knows or suspects that any person is engaged in drug trafficking, terrorism or any other serious crime or handling the proceeds of crime or that any property constitutes terrorist property; in this case, the obligation to report to the authorities may override Deacons’ confidentiality obligations;

5.3 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 Deacons;

5.4 to the extent Deacons, 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 Deacons’ legal services and advice;

5.5 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 Deacons;

5.6 any actual or proposed assignee of Deacons or transferee of Deacons’ rights in respect of the client or any firm of solicitors or other law firm which takes over, or is negotiating the take-over of, the business of Deacons or into which Deacons is merged;

5.7 if a client is ever in default of payment of legal fees to Deacons or otherwise, debt collection agencies;

5.8 to third party service providers which provide administrative, technology, marketing or other services to Deacons in relation to its business operations.

Deacons will not transfer data relating to a client to a third person for that person’s marketing activities.

6. Deacons will retain clients’ personal data only for so long as is necessary to fulfil the purpose for which they were collected. After that time, their personal data will be erased.
7. Under and in accordance with the terms of the Personal Data (Privacy) Ordinance (“PDPO”) and guidelines issued pursuant thereto, any individual may:

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

7.2 request Deacons to correct any data relating to him/her which are inaccurate;

7.3 request Deacons to specify its policies and practices in relation to data and to be informed of the kind of personal data held by Deacons;

7.4 request Deacons to cease using his/her personal data for its marketing purposes.

8. In accordance with the terms of the PDPO, Deacons has the right to charge a reasonable fee for the processing of any data access request.
9. Requests

9.1 for access to data or correction of data;

9.2 for information regarding policies and practices and kinds of data held are to be addressed IN WRITING to:

Mr Simon Deane

Privacy Officer

Deacons
5th Floor, Alexandra House
Central
Hong Kong

Email: privacy@deacons.com

10. Nothing in this Statement shall limit the rights of clients under the PDPO.

For Staff and persons applying to Deacons for employment

1. Persons intending to apply for a job with Deacons (‘Applicants’) and Deacons staff (‘Staff’) should be aware that it is necessary for Applicants and Staff (collectively, ‘data subjects’) to supply the Firm with data about themselves and sometimes also their family members from time to time in connection with their application and their employment.
2. Failure to supply such data will result in the Firm being unable to process an application and/or to operate its practice properly and may affect a data subject’s employment prospects with the Firm and even result in dismissal of Staff.
3. The purposes for which data relating to data subjects may be used are as follows:

3.1 (Applicants and Staff) identification and determination of eligibility for employment in Hong Kong generally and qualifications relevant to a data subject’s employment with the Firm in particular;

3.2 (Staff) assessing work performance, attendance and disciplinary record;

3.3 (Staff) reviewing salaries, bonuses and other benefits;

3.4 (Staff) consideration of eligibility for staff loans;

3.5 (Staff) providing employee references;

3.6 (Applicants and Staff) disclosure to immigration authorities – in relation to an employment visa, where required;

3.7 (Applicants and Staff) disclosure to tax authorities in the ordinary course of business;

3.8 (Applicants and Staff) 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 members of Deacons and other associated law firms and related businesses which have undertaken to keep such information confidential;

4.7 persons seeking employee references;

4.8 Personnel Department staff of the Firm and supervisors or interviewers of a data subject during the course of his/her application for employment or actual employment; and

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

5. The Firm will retain data subjects’ personal data only for so long as is necessary to fulfil the purpose for which they were collected. After that time, their personal data will be erased. In the case of unsuccessful Applicants, their personal data will be erased within 6 months of their application.
6. Under and in accordance with the terms of the Personal Data (Privacy) Ordinance (the ‘Ordinance’), any individual:

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

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

6.3 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.

7. 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.
8. The person to whom requests for access to data or correction of data and for general information regarding policies and practices and the kind of data held by the Firm should be addressed is The Head of Human Resources & Administration, Deacons.
9. 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.

© Deacons 2021