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;
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.
5.1 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.
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.
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
5th Floor, Alexandra House
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.
4.1 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.
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.
© Deacons 2021