30 September 2019
Manulife Advanced Fund SPC (the “Company”) is an exempted segregated portfolio company incorporated with limited liability under the laws of the Cayman Islands.
The purpose of this notice (the "Privacy Notice") is to provide you with information on our use of your personal data in accordance with the Data Protection Law, 2017 (the "DPL").
In this document, "we", "us" and "our" refers to the Company and its affiliates and/or delegates.
If you are an individual investor, this will affect you directly. If you are an institutional investor that provides us with personal data on individuals connected to you for any reason in relation to your investment with us, this will be relevant for those individuals and you should transmit this document to such individuals or otherwise advise them of its content.
In our use of personal data the Company will be characterised as a "data controller" for the purposes of the DPL. The Company's affiliates and delegates may act as "data processors" for the purposes of the DPL.
By virtue of making an investment in the Company (including the initial application and ongoing interactions with the persons engaged by the Company) or by virtue of you otherwise providing us with personal information on individuals connected with you as an investor (for example, directors, trustees, employees, representatives, shareholders, investors, clients, beneficial owners or agents), you will provide us with certain personal information which constitutes personal data within the meaning of the DPL. We may also obtain personal data on you from other public accessible directories and sources. This includes information relating to you and/or any individuals connected with you as an investor in the Company such as: name, residential address, email address, contact details, corporate contact information, signature, nationality, place of birth, date of birth, tax identification, credit history, correspondence records, passport number, bank account details, source of funds details and details relating to your investment activity.
The Company, as the data controller, may collect, store and use your personal data for purposes including the following.
The processing is necessary for the performance of a contract, including:
administering or managing the Company;
The processing is necessary for compliance with applicable legal or regulatory obligations, including:
In pursuance of our legitimate interests, or those of a third party to whom your personal data are disclosed, including:
We will only process your personal data in pursuance of our legitimate interests where we have considered that the processing is necessary and, on balance, our legitimate interests are not overridden by your legitimate interests, rights or freedoms.
The Company continues to be a data controller even though it has engaged the administrator (the "Administrator"), sub-administrator, registrar and transfer agent (the “Sub-Administrator”), the general adviser and distributor, Manulife Investment Management (Hong Kong) Limited (the “General Adviser and Distributor”), distributors and sub-distributors and other third parties to perform certain activities on the Company's behalf.
We may share your personal data with our delegates. In certain circumstances we may be legally obliged to share your personal data and other financial information with respect to your interest in the Company with relevant regulatory authorities such as the Cayman Islands Monetary Authority or the Tax Information Authority. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.
We may also share your personal data with any member of the Manulife Financial group, in connection with any internal risk, compliance and reporting and/or administrative services processes and policies.
The Company’s delegates and service providers such as the Administrator, the Sub-Administrator, the General Adviser and Distributor, distributors and sub-distributors, are generally processors acting on the instructions of the Company. Additionally, a service provider such as banks, accountants, auditors and lawyers may use your personal data where this is necessary for compliance with a legal obligation to which it is directly subject (for example, to comply with applicable law in the area of anti-money laundering and counter terrorist financing or where mandated by a court order or regulatory sanction). The service provider, in respect of this specific use of personal data, acts as a data controller.
In exceptional circumstances, we will share your personal data with regulatory, prosecuting and other governmental agencies or departments, and parties to litigation (whether pending or threatened) in any country or territory.
Any transfer of your personal data by us or our duly authorised affiliates and/or delegates outside of the Cayman Islands shall be in accordance with the requirements of the DPL.
We will keep your personal data for as long as it is required by us. For example, we may require it for our legitimate business purposes, to perform our contractual obligations, or where law or regulation obliges us to. We will generally retain your personal data throughout the lifecycle of the investment you are involved in. Some personal data will be retained after your relationship with us ends. We expect to delete your personal data (at the latest) once there is no longer any legal or regulatory requirement or legitimate business purpose for retaining your personal data.
We will not take decisions producing legal effects concerning you, or otherwise significantly affecting you, based solely on automated processing of your personal data, unless we have considered the proposed processing in a particular case and concluded in writing that it meets the applicable requirements under the DPL.
You have certain data protection rights, including the right to:
We are committed to processing your personal data lawfully and to respecting your data protection rights. Please contact us if you have any questions about this Privacy Notice or the personal data we hold about you. Our contact details are Attn: Privacy Officer, 23/F, Manulife Tower, One Bay East, 83 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong. Please mark your communication "Data Protection Enquiry".
This Privacy Notice has been translated into Chinese for reference only. If there is any inconsistency between the English version and the Chinese version, the English version shall prevail.