This Data Protection Policy is designed to assist you in understanding how we collect, use and/or disclose the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data.
If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Data Protection Officer at the contact details set out below.
1 INTRODUCTION
1.1 “Personal Data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include names, identification numbers, contact information, financial records, credit card information, photographs and video images.1.2 We will collect your personal data in accordance with the applicable data protection laws and regulations to which we are subject. In general, before we collect any personal data from you, we will notify you of the purposes for which your personal data may be collected, used and/or disclosed, as well as obtain your consent for the collection, use and/or disclosure of your personal data for the intended purposes where such consent is required by applicable data protection laws and regulations to which we are subject.
1.3 Your personal data may also be collected, used and/or disclosed if we have assessed that to do so would be in our legitimate interests and beneficial to the public. These legitimate interests include protecting against physical and cyber security risks, and ensuring business continuity. Before doing so, we will take steps to ensure that any adverse effects that might arise for you have already been identified and eliminated, reduced or mitigated.
2 PURPOSES OF COLLECTION, USE & DISCLOSURE OF PERSONAL DATA
2.1 The personal data which we collect from you may be collected, used and/or disclosed for the following purposes:(a) preparing a proposal for you regarding the services we offer;
(b) delivering the services for which you have engaged us or which we have otherwise agreed to provide you;
(c) administering and managing any entities, structures, agreements and/or arrangements for which we are responsible and with which you are associated;
(d) dealing with any complaints or feedback you may have;
(e) marketing and advertising to you regarding services we provide as well as information in the form of alerts, newsletters and/or invitations to events we believe may be of interest to you;
(f) managing our business, including recovering monies owed to us by you, internal reporting and analysis, and research and development activities to improve our services;
(g) meeting our compliance, regulatory and internal policy obligations regarding anti-money laundering and countering of terrorism financing laws, the Foreign Account Tax Compliance Act, the
Common Reporting Standard and any other applicable laws and/or regulatory requirements to which we are subject;
(h) seeking advice on our rights and obligations in connection with the services we provide to you, including where we require our own legal advice;
(i) as required by any competent court, legal authority or tax authority;
(j) any other purposes for which you provide us with your personal data; and/or
(k) any other purposes which we notify you of at the time of obtaining your consent.
(collectively, the “Purposes”)
3 DISCLOSURE OF PERSONAL DATA TO OTHER PARTIES
3.1 In order to conduct our business operations, we may disclose the personal data you have provided to us to different entities within Asiaciti Trust Group and/or to third party service providers and agents, which may be sited outside of the country in which you provided your personal data to us, for one or more of the above-stated Purposes. When processing your personal data, we may need to disclose it to other parties as follows:(a) our affiliated companies within Asiaciti Trust Group, including subsidiaries of such companies, where necessary for internal business or administrative purposes and/or to provide services to our clients and intermediaries. The details of our office locations are posted on our website and can be viewed at www.asiacititrust.com/contact/;
(b) third party service providers that provide software applications, functionality, data processing and/or IT systems and services to us (e.g. providers of information technology, cloud based software as a service providers, website hosting and management, data analysis, data back-up, security, recruitment portals, advertising and marketing and storage services). The servers powering and facilitating cloud infrastructure are located in secure data centres around the world and personal data may be stored in any one of them;
(c) third party service providers that otherwise assist us for internal business or administrative purposes and/or to provide services to our clients and intermediaries;
(d) third party service providers that assist us with our marketing activities;
(e) auditors, lawyers, accountants and other professional advisers; and/or
(f) law enforcement or other government and regulatory agencies or to other third parties as required by, and in accordance with, applicable laws and/or regulations to which we are subject.
3.2 We will generally not disclose your personal data to any other parties without first obtaining your consent permitting us to do so. However, please note that we may disclose your personal data to other parties without first obtaining your consent in certain situations, including, without limitation, the following :
(a) cases in which the disclosure is required based on applicable laws and/or regulations to which we are subject;
(b) cases in which the purpose of such disclosure is clearly in your interests, and if consent cannot be obtained in a timely way, provided that we shall, as soon as may be practicable, notify you of the disclosure and the purposes of the disclosure;
(c) cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of yourself or another individual;
(d) cases in which there are reasonable grounds to believe that the health or safety of yourself or another individual will be seriously affected and consent for the disclosure of the personal data cannot be obtained in a timely way;
(e) cases in which the disclosure is necessary for any investigation or proceedings;
(f) cases in which the disclosure is to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer; and/or
(g) cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest.
3.3 For more information on the situations above, you are encouraged to contact our Data Protection Officer at the contact details as set out below.
3.4 In all other instances of disclosure of personal data to other parties with your consent, we will endeavor to provide adequate supervision over the handling and administration of your personal data by such other parties, as well as to provide for adequate forms of protection over such personal data.
3.5 Where personal data is transferred by us to any other parties outside of the country in which you provided your personal data to us, we will ensure that such transfers are compliant with the requirements under the applicable data protection laws and regulations.
4 REQUEST FOR ACCESS, CORRECTION AND/OR PORTING OF PERSONAL DATA
4.1 To the extent required or permitted by the applicable data protection laws and regulations to which we are subject, you may request to access, correct and/or port the personal data currently in our possession at any time by submitting your request to our Data Protection Officer at the contact details set out below.4.2 For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 calendar days. Where we are unable to respond to you within the said 30 calendar days, we will notify you of the soonest practicable time within which we can provide you with the information requested.
4.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will:
(a) correct your personal data within 30 calendar days. Where we are unable to do so within the said 30 calendar days, we will notify you of the soonest practicable time within which we can make the correction; and
(b) subject to paragraph 4.4 below, we will send the corrected personal data to every other organisation to which the personal data was disclosed by us within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose.
4.4 Notwithstanding paragraph 4.3 above, we may, if you so consent, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.
4.5 For a request to port personal data, once we have sufficient information from you to deal with the request, we will seek to port your personal data within 30 calendar days. Where we are unable to do so within the said 30 calendar days, we will notify you of the soonest practicable time within which we can carry out the data porting.
4.6 We will charge you a reasonable fee for the handling and processing of your requests to access or port your personal data. A written estimate of the fee to be charged will be provided. Please note that we are not required to respond to or deal with your access or data porting request unless you have agreed to pay the fee.
5 REQUEST TO WITHDRAW CONSENT
5.1 You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control at any time by submitting your request to our Data Protection Officer at the contact details set out below.5.2 We will process your request within a reasonable time from such request being made, and will thereafter refrain from collecting, using and/or disclosing your personal data in the manner stated in your request.
5.3 However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us.
6 ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
6.1 We will take appropriate measures to keep your personal data accurate, complete and updated if your personal data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your personal data that you had initially provided to us. We will not be responsible for relying on inaccurate or incomplete personal data arising from you not updating us of any changes in your personal data that you had initially provided to us.6.2 We will also take commercially reasonable efforts to implement appropriate precautions and preventive measures to ensure that your personal data is adequately protected and secured. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.
6.3 We will also take commercially reasonable efforts to ensure that the personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data, and (ii) retention is no longer necessary for any other legal or business purposes.
6.4 Where your personal data is to be transferred outside of the country in which you provided your personal data to us, we will comply with the applicable data protection laws and regulations in doing so. If required under the applicable data protection laws and regulations, this includes (i) taking appropriate steps to ascertain that the foreign recipient organisation of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the data protection laws and regulations applicable to the country in which you provided your personal data to us, and (ii) us entering into an appropriate contract with the foreign recipient organisation dealing with the personal data transfer.
7 COMPLAINT PROCESS
7.1 If you have any complaint or grievance regarding how we are handling your personal data or about how we are complying with our Data Protection Policy, we welcome you to contact us through one of the following methods:(a) Telephone number: +65 6533 2611 (request to speak to the Data Protection Officer)
(b) E-mail: dpo@asiacititrust.com (attention to the Data Protection Officer).
(c) Office address: 61 Robinson #19-02, 61 Robinson Road, Singapore 068893 (attention to the Data Protection Officer).
7.2 Where it is an email or a letter through which you are submitting a complaint or grievance, your indication at the subject header that it is a personal data protection complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff to handle. For example, you could insert the subject header as “Personal Data Complaint”.
8 UPDATES ON DATA PROTECTION POLICY
8.1 As part of our efforts to ensure that we properly manage, protect and process your personal data, we will be reviewing our policies, procedures and processes from time to time.8.2 We reserve the right to amend the terms of this Data Protection Policy at our absolute discretion. Any amended Data Protection Policy will be posted on our website and can be viewed at www.asiacititrust.com/pdp/.
8.3 You are encouraged to visit the above website from time to time to ensure that you are well informed of our latest policies in relation to personal data protection.
