Personal Data (Privacy) Ordinance
Margie Chan & Co complies with the Personal Data (Privacy) Ordinance (“Ordinance“). You may wish to visit the official website of the Office of the Privacy Commission for more information about this Ordinance.
Your personal data
It is our policy to protect the privacy of users of this website. We may, however, collect a very limited amount of your personal data (by “personal data”, we mean information about you or which can be used to ascertain your identity). For example, we may collect some information about you when you visit this website because your internet provider address needs to be recognised by our server. You will also be invited to provide some information about yourself on various pages of this website.
Collection and use of your personal data
Any personal data collected from you on this website will only be used for the specific purposes mentioned at the time of collection or for purposes directly related to those specific purposes and/or in Margie Chan & Co’s Personal Information Collection Statement (set out below).
Direct marketing
We would like to use your name and contact details to send you marketing materials about our legal services and/or related products but we must obtain the consent (or an indication of no objection) of people who become our clients or staff before we can do so. If you do not want to receive our marketing materials, please send an email stating this to margie.chan@mcmchan.com. More information about this can be found in our Personal Information Collection Statement.
Retention of your personal data
We will retain your personal data only for so long as is necessary for fulfilling the purpose for which they were collected. After that time, you data will be erased.
Disclosure
Your personal data will generally be kept confidential and will not be disclosed to any other person without your consent. However, your data will be used (and disclosed) to third parties for the purposes for which they were collected. Your personal data may also be disclosed where we are required to do so by law. Please also refer to our Personal Information Collection Statement as appropriate, for details.
Security
We have installed security systems to ensure your personal data are not subject to unauthorised access.
Your right of access to and to correct personal data
You are entitled, in accordance with the Ordinance, to check whether we hold data about you and to have access to those data. If any of these data are incorrect or inaccurate, you have the right to correct or update them. Requests for access to or to correct personal data should be addressed to Margie Chan. In accordance with the Ordinance, we are entitled to charge a reasonable fee for processing any data access or correction requests.
Cookie usage policy
Cookies are small text files that are downloaded to your device by websites you visit. The information that the cookies collect, such as the number of visitors to the site, the pages visited and the length of time spent on the site, is aggregated and therefore anonymous.
We also use software that places a cookie on your device to understand whether you read the emails and other materials, such as legal publications, that we send to you, click on the links to the information that we include in them and whether and how you visit our website after you click on that link (immediately and on future visits). It records this activity against your email address.
You may refuse the use of cookies or withdraw your consent at any time by selecting the appropriate settings on your browser. Please note that removal of cookies may affect your use and experience of our website.
By continuing to use our website without changing your privacy settings, you are agreeing to our use of cookies. To find out more about cookies, including how to manage and delete them, visit www.allaboutcookies.org.
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 Margie Chan & Co with data about themselves in connection with Margie Chan & Co’s 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 Margie Chan & Co.
2. Failure to supply such data may result in Margie Chan & Co 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 Margie Chan & Co 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 Margie Chan & Co to use her/his personal data for any of the purposes listed in paragraphs 4.1 to 4.6 below (inclusive), Margie Chan & Co 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 Margie Chan & Co 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, Margie Chan & Co 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 Margie Chan & Co;
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 Margie Chan & Co will be used for:
4.7 marketing Margie Chan & Co’s own legal services and/or related products.
If a client does not want Margie Chan & Co to use her/his personal data for the purposes mentioned in paragraph 4.7 above, s/he may write to or email Margie Chan, indicating her/his decision and/or return a copy of this statement to Margie Chan.
IMPORTANT NOTES about marketing:
All marketing in relation to Margie Chan & Co’s 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 Margie Chan & Co relating to a client will generally be kept confidential but Margie Chan & Co may provide such information for the above purposes to:
- 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 Margie Chan & Co 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 Margie Chan & Co’s confidentiality obligations;
- 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 Margie Chan & Co;
- to the extent Margie Chan & Co, 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 Margie Chan & Co’s legal services and advice;
- 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 Margie Chan & Co;
- any actual or proposed assignee of Margie Chan & Co or transferee of Margie Chan & Co’s 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 Margie Chan & Co or into which Margie Chan & Co is merged;
- if a client is ever in default of payment of legal fees to Margie Chan & Co or otherwise, debt collection agencies;
- to third party service providers which provide administrative, technology, marketing or other services to Margie Chan & Co in relation to its business operations.
Margie Chan & Co will not transfer data relating to a client to a third person for that person’s marketing activities.
6. Margie Chan & Co 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 Margie Chan & Co holds data about her/him and may request access to such data;
7.2 request Margie Chan & Co to correct any data relating to her/him which are inaccurate;
7.3 request Margie Chan & Co to specify its policies and practices in relation to data and to be informed of the kind of personal data held by Margie Chan & Co;
7.4 request Margie Chan & Co to cease using her/his personal data for its marketing purposes.
8. In accordance with the terms of the PDPO, Margie Chan & Co 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:
Ms Margie Chan, Margie Chan & Co, 5/F, 54 D’Aguilar Street, Central, Hong Kong
Email: margie.chan@mcmchan.com
Nothing in this Statement shall limit the rights of clients under the PDPO.
For staff and persons applying to Margie Chan & Co for employment
1. Persons intending to apply (“Applicants“) for a job with Margie Chan & Co (the “Firm“) and Margie Chan & Co 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.
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 Margie Chan & Co (if any) 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 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 Margie Chan of Margie Chan & Co.
9. If a data subject is at any time requested to supply information about members of her/his family, s/he is requested to pass a copy of this notice to the relevant family member so that s/he is aware of her/his rights under the Ordinance.