1. Introduction
The objective of this Personal Data Policy Statement (“Policy”) is to provide you with information with respect to how CLSA India Private Limited (“CLSA”) which provides or will provide services and/or products to you, together with its representatives, Affiliates and/or agents (collectively referred to herein as “CLSA”, “us”, “we” or “our”) collects and processes personal information and sensitive personal information.
“Affiliates” means any legal entity that, at any time, is directly or indirectly: (i) controlling CLSA; (ii) controlled by CLSA; (iii) under common control with CLSA; or (iv) controlled by CITIC Securities International Company Limited, including CITIC Securities International Company Limited itself. “CLSA Group” shall mean CLSA together with all Affiliates of CLSA. References in this Policy to “we”, “us” and “our” include CLSA and, where the context requires, any company in the CLSA Group or persons connected with the CLSA Group.
Please read this Policy carefully, as it contains important information about collection, use and disclosure of Personal Data (as defined below). In addition, this Policy is intended to provide you with sufficient information to enable you to notify, and obtain consent from, any natural person (a “Relevant Person”) whose Personal Data may have been provided or may be provided by you or your agent to us from time to time. This Policy supplements but does not supersede or replace any other consent you may have previously provided to us in respect of your Personal Data, and your consents herein are additional to any rights to which we may have at law to collect, use or disclose your Personal Data.
2. Personal Data
In this Policy, “Personal Data” refers to any data about you or a Relevant Person, whether true or not, such that you or such natural person (as the case may be) can be identified (a) from that data; or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time.
Examples of such Personal Data you may provide us include your name, license details, company name, title, passport or other identification number, telephone number(s), mailing address, email address, account number, assets, income, financial situation, trade, transaction, account related information and any other information relating to any Relevant Person which you have provided or will provide to us in any forms you may have submitted to us, or via any other form of interaction with you. We may also collect Personal Data about you or a Relevant Person from applications, forms or questionnaires you may complete or agreements you enter into with us or in the course of your establishing or maintaining a customer relationship with us, including data about your credit history or financial situation, and your transactions with us or others who provide services to us.
We may also collect Personal Data about you or a Relevant Person as a result of us recording certain telephone calls which our employees may have with you, and storing these recordings, in order to satisfy our legal and regulatory obligations or for CLSA business purposes. Apart from Personal Data, we may collect other types of information which is not linked to a natural person and which is anonymous. For example, the number of website visitors and the number of website users using a particular service. In this way, we hope to improve our customer services.
3. Purposes for the Collection, Use and Disclosure of Personal Data</strong >
Generally, we collect, use and disclose Personal Data for the following purposes:
a) processing applications for account opening, account maintenance and operations relating to your account(s), including without limitation, processing your applications or requests for services and/or products, processing your transactions, operating and closing your account(s);
b) providing services and/or products to you (including the services and products of external providers) from time to time and dealing with all matters relating to the services and products;
c) managing your relationship with us and/or administration of your account with us including (where you act as agent for another party) those of your underlying principals;
d) carrying out your instructions or responding to your enquiries or feedback;
e) conducting identity and/or credit checks, and carrying out customer due diligence and other checks and screenings and ongoing monitoring that may be required under any applicable law, regulation or directive or internal policies and procedures of CLSA or its Affiliates (including but not limited to those designed to combat bribery and corrupt practices, money laundering, terrorist financing and financial crime);
f) preventing, detecting and investigating fraud, misconduct or any unlawful activities, whether or not requested by any relevant governmental or regulatory authority, and analysing and managing commercial risks;
g) complying with all applicable laws, regulations, rules, directives, orders, instructions and requests from any governmental, tax, law enforcement or other authorities (whether local or foreign);
h) managing our infrastructure and business operations and complying with our policies and procedures that may be required by applicable laws and regulations including those relating to risk control, compliance, security, audit, finance and accounting, human resources, systems and business continuity;
i) addressing or investigating any complaints, claims or disputes;
j) developing new services and/or products and updating you on our products and services from time to time;
k) unless you have indicated your preference to opt out, providing you with marketing, advertising and promotional information, materials and/or documents relating to banking, investment, credit and/or financial products and/or services that we may be selling, marketing, offering or promoting, whether such products or services exist now or are created in the future;
l) carrying out research, planning and statistical analysis;
m) organizing promotional events; and
n) enforcing our legal and/or contractual rights against you including, but not limited to, recovering any and all amounts owed to us,
(collectively, the “Purposes”)
4. Consent
By interacting with us, submitting information to us, or signing up for any products or services offered by us, you agree and consent to:
a) us collecting, using, disclosing and sharing such Personal Data for thePurposes stated in this Policy, with other members of the CLSA Group, to ourauthorised service providers and relevant third parties in the manner setforth in this Policy and as per the applicable data protection law ; and
b) each Relevant Person having consented to our collection, use, disclosure,sharing, and/or processing of his/her Personal Data for the Purposes statedin this Policy, and such Relevant Person has been informed of and has accepted this Policy.
If you do not wish for us to continue to use your Personal Data or the Personal Data provided by you to us for any of the Purposes at any time in the future, you must notify us in writing to withdraw your consent (see Section 14). Depending on the circumstances, your withdrawal of consent may result in our inability to provide you with the services and/or products that we have been offering to you, and consequently, may result in the termination of your relationship and/or accounts with us.
Where the personal data protection laws of the relevant jurisdictions permit us to collect, use or disclose the Personal Data without your or the Relevant Person’s consent, such permission granted by law will continue to apply.
5. Disclosure, Sharing and Transfer of Personal Data Overseas
Subject to the provisions of any applicable law, Personal Data may be disclosed or transferred to, shared with or kept by the following entities, wherever located, for any of the Purposes or for processing for any of the Purposes:
a) other members of the CLSA Group;
b) any third party service providers, including archival management service providers, those providing administrative, telecommunications, computer, financial intermediary, payment or securities clearing or other services to us in connection with the operation of our business;
c) our professional advisers (including lawyers) and agents or third parties necessary for us performing/providing services to you (including our executing brokers, clearing houses and settlement agents);
d) our auditors;
e) any person to whom disclosure is permitted or required by law or any court order;
f) any local or foreign government agencies, regulatory authorities and statutory bodies having jurisdiction over us; and
g) any of their respective successors and
To the extent that we may need to transfer Personal Data outside the relevant jurisdiction, we shall do so in accordance with the personal data protection law of that jurisdiction to ensure that we provide a standard of protection to the Personal Data so transferred that is comparable to the protection under that jurisdiction.
6. Direct Marketing
CLSA may, from time to time, and with your consent as required by applicable law, use the personal data provided by you for direct marketing purposes. In this regard, please note that:
(a) Your personal data, including your name, contact details (such as email addresses and phone numbers), product and service preferences, transactionhistory, financial background, and demographic data, may be used by CLSA andshared with CLSA Group, and/or with third-party subcontractors, agents,and/or service providers work for us, whether located locally or overseas,for the purposes of direct marketing.
(b) The types of services, products, and subjects that may be marketed to you, whether currently available or developed in the future by CLSA or the CLSAGroup, include:
• News, updates, offers, and promotional information;
• Investment, financial, insurance products or services;
• Reward, loyalty, or privilege programs, along with related off0erings; and
• Products and services provided by our co-branding partners.
(c) The above services, products, and subjects may be communicated or solicited through the following channels:
• Email, telephone, mobile application, SMS and other electronic means; and
• Either directly to you or through your representatives/contact persons, if you are a corporate entity.
7. When We May Send Your Information Overseas
As a global financial institution, our services are supported by certain entities within the CLSA Group. These entities process your data as necessary to operate effectively, efficiently, and securely in facilitating transactions and providing products and services to our clients.
From time to time, we may also send your personal data overseas whenever it is necessary for the performance of, but not limited to, providing products and services to you, fulfilling the client agreement, complying with legal requirements, or conducting direct marketing activities. Such transfers may involve sharing your data with CLSA Group and third-party subcontractors, agents, or service providers working for us that operate or store data outside your local jurisdiction. Where your information is sent overseas, it is likely to be in the following jurisdictions: Hong Kong, China, Singapore, Thailand, Philippines, Indonesia, Malaysia, Japan, Korea, Australia, the Netherlands, the United Kingdom, the United States.
The personal data that we collect from you may be transferred to, and stored at, a destination outside India. It may also be processed by individuals operating outside your local jurisdiction who work for CLSA Group or for our suppliers. This includes jurisdiction that may not have the same level of protection for personal data. At CLSA, we are committed to protecting your personal data and your privacy. Where your personal data is sent outside your local jurisdiction, we ensure that appropriate data handling, security measures, and legal safeguards are in place. We employ a range of measures to keep your information safe and secure, which may include encryption and other security measures. Our employees and any third parties who carry out work for us must comply with appropriate compliance standards, including the responsibility to protect any information and implement appropriate measures for its use and transfer.
8. Access and Correction
If you would like to obtain access and make corrections to your Personal Data, you may contact us in writing at the address set out in Section 14 below referencing ‘Personal Data Protection Policy Statement’. We may charge a reasonable administrative fee for this service. In exceptional circumstances, we reserve the right to deny you access to your Personal Data and may provide an explanation as required by applicable laws.
9. Retention
Personal Data will be held for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We shall cease to retain Personal Data, or remove the means by which the Personal Data can be associated with particular individuals, as soon as it is reasonable to conclude that the purpose for which that Personal Data was collected is no longer being served by retention of the Personal Data and retention is no longer necessary for legal or business purposes.
10. Data Security
We have taken and will continue to take reasonable efforts to protect Personal Data in our possession or control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks.
While we strive to protect your Personal Data, we cannot ensure the security of any Personal Data which
you may have transmitted to us, via an unsecure browser, and we urge you to take every precaution to protect your Personal Data and use a secure browser.
11. Updates To The Personal Data Protection Policy Statement
We may from time to time update this Policy to ensure that it is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Such changes will be posted on our website.
Such changes to our Policy shall apply from the time that we post the same on this website https://</strong >www.clsa.com/terms-of-business/</a > . Your continued use of our service will be taken as acceptance of and consent to the updated Policy.
12. Cookies
A cookie is an alphanumeric identifier which we transfer to your hard drive through your web browser when you visit our website. It enables our own system to recognise you when you visit our website again and improve our service to you.
The information is used to track visitor use of the website and to compile statistical reports on website activity. For further information about cookies visit www.aboutcookies.org</a > or www.allaboutcookies.org.</a > Cookies may also be used to compile aggregate information about areas of our website that are visited most frequently. This traffic information can be used to enhance the content of our website and make your use of it easier.
If you wish to reject our cookie, you can configure your browser to do so. However, in a few cases some of our website features may not function if</a > you remove cookies from your browser.
13. Third Party Websites
Our website may contain links to other websites. We have not reviewed any of the websites linked by our website, and we will not be responsible for the content of any other websites or pages linked to or linking to our website and usage of any of such linked websites or pages. Such links are provided solely for your convenience and information. Following links to any other websites or pages shall be at your own risk.
14. Contacting Us
If you have any queries, comments or questions about the collection, use or disclosure of your Personal Data or this Policy, please contact us in writing at the address below referencing ‘Personal Data Policy Statement’:
If, at any time, you decide you no longer want us to use your Personal Data for direct marketing or for any other purposes described in this Policy, you can withdraw your consent by letting us know in writing at the address below. Please keep in mind, in some cases, withdrawing your consent may mean we are unable to provide certain products or services to you. If you do withdraw your consent, it will only apply going forward and it will not affect the legality of how we collected, used, or shared your data before you withdrew it.
Data Protection Officer
CLSA India Private Limited
8/F, Dalamal House
Nariman Point
Mumbai 400021
Email: compliance-india@clsa.com