PERSONAL DATA (PRIVACY) ORDINANCE NOTICE

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Pursuant to the Personal Data (Privacy) Ordinance, the following information is provided to you in connection with your dealings with and provision of data or information to FIL Investment Management (Hong Kong) Limited (the “Manager”), and/or HSBC Institutional Trust Services (Asia) Limited (being the trustee of Fidelity Advantage Portfolio Fund and Fidelity Global Investment Fund) or HSBC Provident Fund Trustee (Hong Kong) Limited (being the trustee of Fidelity Retirement Master Trust) (each a “Trustee” and together “Trustees”), and/or any of their affiliates and/or service providers (hereafter collectively known as the “Data User”) relating to retirement products, including but not limited to mandatory provident fund (“MPF”) schemes and/or occupational retirement schemes (“Retirement Products”) offered by the Manager or its affiliates and/or of which the Trustees or their affiliates act as trustee or administrator from time to time. Please be aware that this notice replaces any notice or statement of similar nature in respect of the Retirement Products that may have been provided to you previously.

1. (a) From time to time, it is necessary for clients and various other individuals ("data subjects") to supply the Data User with data in connection with various matters such as account opening or continuations, or provision of services to clients and other individuals. The kinds of data that may be collected includes, but are not limited to, name, contact details (including address, contact/mobile phone number, email address), occupation, town/city and region/country of birth, date of birth, nationality, identity card numbers, passport numbers, social security or national insurance numbers, country/jurisdiction of tax residency, tax identification numbers, account information and details of financial status.
2. (b) Although it is not generally obligatory for a data subject to provide personal data, failure to supply such data may result in the Data User being unable to open an account or continue services to clients or comply with any laws, regulations or guidelines issued by regulatory or other authorities ("Applicable Laws").
3. (c) It is also the case that data are collected or received from data subjects from time to time in the ordinary course of the continuation of the Data User's relationship with them, for example, when clients write cheques, effect transactions, attend seminar/events or generally communicate verbally or in writing with the Data User.
4. (d) The purpose for which data relating to a data subject may be used will vary depending on the nature of the data subject's relationship with the Data User. These purposes may comprise any or all of the following:
   1. (i) the processing of an application for an account;
   2. (ii) the daily operation of the services provided to clients;
   3. (iii) marketing services and products (please see further details in paragraph (e) below);
   4. (iv) for the purposes of any party having at any time obligations under the relevant Retirement Product in relation to a member participating in such Retirement Product (e.g. calculating an employer's long service or severance payment accrued liability);
   5. (v) complying with an order of a court or meeting disclosure, reporting, compliance and any other legal and regulatory requirements (including but not limited to tax reporting) under any Applicable Laws or regulatory requirements (including local and foreign taxation authorities) applicable to the Retirement Products and/or the Data User and/or any Data Transferee (as defined below) in Hong Kong or elsewhere from time to time;
   6. (vi) complying with any Applicable Laws binding or applicable to the Retirement Products and/or the Data User and/or the Data Transferee within or outside of Hong Kong existing currently and in the future, as well as any present or future contractual or other obligations or requirements with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities that is assumed by or imposed on the Retirement Products and/or the Data User and/or the Data Transferee by reason of their respective financial, commercial or business activities in or related to the jurisdiction of the relevant local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, including but not limited to:
   1. (1) compliance with requirements applicable to the Retirement Products and/or the Data User and/or the Data Transferee pursuant to the Hong Kong Inland Revenue Ordinance, its provisions and guidelines or requests issued or given by the Inland Revenue Department, including those concerning automatic exchange of financial account information on tax matters (“AEOI”); or
   2. (2) compliance with obligations binding on the Data User and/or the Data Transferee in Hong Kong or elsewhere pursuant to the arrangements in relation to Chapter 4 of Subtitle A of the United States Inland Revenue Code of 1986 as amended or supplemented from time to time ("FATCA"), to the extent FATCA is relevant and applicable to the relevant Retirement Products; or
   3. (3) establishing whether you are a citizen of the United States, resident of the United States for its federal income tax purposes or otherwise subject to tax in the United States and/or to substantiate whether your account has US status for the purposes of FATCA, to the extent FATCA is relevant and applicable to the relevant Retirement Products.
   7. (vii) any purpose related to the administration of the relevant Retirement Products or the data subject's participation therein;
   8. (viii) with respect to MPF data, researching, designing, and launching MPF-related products and services to MPF scheme members;
   9. (ix) with respect to MPF data, designing and organising seminars/events/forums to MPF scheme members;
   10. (x) providing alerts, newsletter, leaflets and communications with contents relevant to MPF scheme and/or related products including market information and investment education materials;
   11. (xi) designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the MPF services provided by the Manager;
   12. (xii) with respect to non-MPF data, researching, designing, and launching financial, investment, wealth management, securities, retirement, insurance and nominee services or related services and products to non-MPF scheme members;
   13. (xiii) with respect to non-MPF data, designing and organising financial and investment seminars/events/forums to non-MPF scheme members; and
   14. (xiv) purposes directly related or incidental to the above including seeking professional advices.
5. (e) USE OF DATA IN DIRECT MARKETING
   The Data User (excluding the Trustees and their affiliates and service providers for the purpose of direct marketing under this paragraph (e)) intends to use the data subject's data (as may be collected by the Data User) in direct marketing and the Data User requires the data subject's consent (which includes an indication of no objection) for that purpose. In this connection, please note that:
   1. (i) the name, contact details (including address, contact/mobile phone number, email address), MPF products and services portfolio information, MPF transaction pattern and behaviour, financial background, MPF online behaviour and MPF demographic data of the data subject held by the Data User from time to time (collectively referred to as "MPF member data") may be used by the Data User (excluding the Trustees and their affiliates and service providers) in direct marketing;
   2. (ii) the name, contact details (including address, contact/mobile phone number, email address), products and services portfolio information, transaction pattern and behaviour, financial background, online behaviour and demographic data of the data subject held by the Data User from time to time (collectively referred to as "Non-MPF member data") may be used by the Data User (excluding the Trustees and their affiliates and service providers) in direct marketing;
   3. (iii) the following classes of services, products and subjects may be marketed in direct marketing:
      MPF member data
      1. (1) MPF-related services and products offered by the Data User;
      2. (2) reward, loyalty or privileges programmes, and promotional offers in relation to MPF; and
      3. (3) invitations to MPF-related seminars/events/forums.
      4. Non-MPF member data
      5. (1) financial, investment, wealth management, securities, insurance, nominee services or related services and products;
      6. (2) Non-MPF related reward, loyalty or privileges programmes, and promotional offers; and
      7. (3) invitations to financial and investment seminars/events/forums.
6. (f) Data collected may be maintained for such period as may be required by Applicable Laws or as otherwise prudent in relation to administration of the relevant Retirement Products and may be retained after the data subject ceases to be a client or have a beneficial interest in the relevant Retirement Products.
7. (g) Data held by the Data User relating to a data subject will be kept confidential but the Data User may provide such information to the following parties whether inside or outside Hong Kong for the purposes set out in paragraph (d) ("Data Transferee"):
   1. (i) the Manager or the Trustees (as the case may be), the ultimate holding company of the Data User and/or their subsidiaries and/or affiliates;
   2. (ii) the service providers of the Data User, including the administrator, the custodian, the registrar, the professional advisors and the auditor of the Data User or of each relevant Retirement Product or such other service providers engaged by the Data User to assist and act on behalf of the relevant Retirement Product with the fulfilment of its obligations under AEOI;
   3. (iii) persons appointed to design, research, launch or promote MPF-related products or services of the Data User for data relating to MPF scheme members;
   4. (iv) persons appointed to design, research, launch or promote the products or services of the Data User for data relating to non-MPF scheme members;
   5. (v) the employees, officers, directors and agents/delegates of the Manager, the Trustees or any of the parties in (i) to (iii) above;
   6. (vi) the employer (or former employer) and/or any agent appointed by the employer (or former employer) of any member participating in a relevant Retirement Product, subject to any prohibitions or restrictions in Applicable Laws;
   7. (vii) any third party service provider employed to provide administrative, computer, data storage, telecommunications, software development and application, printing, letter-shopping, mailing or other services to the Data User in connection with the operation of its business or meeting the obligations under paragraphs (d)(v) and (vi);
   8. (viii) external service providers (including but not limited to printing houses, mailing houses, telecommunication companies, public relation companies, advertising agency, telemarketing companies, data processing and data storage companies, cloud providers, storage companies, call centres, market research firms, software development and application companies and information technology companies that the Data User (excluding the Trustees and their affiliates and service providers for the purpose of direct marketing) engages for the purposes set out in paragraph (e);
   9. (ix) any applicable regulatory authorities/bodies, governmental authorities/bodies, industry recognised bodies such as future exchanges, fiscal and monetary authorities, securities associations, credit reference agencies, securities exchanges and tax authority of any jurisdictions (whether within or outside of Hong Kong), including but not limited to (a) the Hong Kong Inland Revenue Department for the purpose of, for example, compliance with AEOI, and (b) the United States Internal Revenue Service for the purpose of, for example, compliance with FATCA, to the extent FATCA is relevant and applicable for such Retirement Products and to the extent not prohibited by the laws of Hong Kong; and
   10. (x) without limiting the generality of (ix) above, any party to whom the Data User is under an obligation to make disclosure by Applicable Laws or voluntary arrangements binding on the Data User;
   Please note that personal data stored or processed in any jurisdiction outside of Hong Kong may also be accessible to law enforcement, national security and other government authorities of that jurisdiction and may not enjoy the same protection as in Hong Kong.
8. (h) Under the Personal Data (Privacy) Ordinance, any individual has the right:
   1. (i) to check whether the Data User holds data about him/her and of access to such data;
   2. (ii) to require the Data User to correct any data relating to him/her which are inaccurate;
   3. (iii) to ascertain the Data User's policies and practices in relation to data and to be informed of the kind of personal data held by the Manager or the Trustees; and
   4. (iv) to object to the use and/or provision of his/her personal data for direct marketing purposes; and the Manager will not use his/her personal data for these purposes if he/she communicates his/her objection to the Manager or the Trustee (as the case may be) (for avoidance of the doubt, the Trustees will not use or provide the personal data of any member participating in the Retirement Products for direct marketing purposes).
9. (i) In accordance with the terms of the Personal Data (Privacy) Ordinance, the Data User has the right to charge a reasonable fee for the processing of any data access request.
10. (j) You should indicate in the appropriate form or write to the following person(s) or call us if you wish to object to the use and/or provision of your personal data for direct marketing purposes or if you would like to make a request for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed as follows:
    The Data Protection Officer
    FIL Investment Management (Hong Kong) Limited
    Level 21, Two Pacific Place
    88 Queensway
    Admiralty, Hong Kong
    OR
    The Data Protection Officer
    HSBC Institutional Trust Services (Asia) Limited /
    HSBC Provident Fund Trustee (Hong Kong) Limited
    P.O. Box 73448
    Kowloon Central Post Office
    Hong Kong
11. (k) Nothing in this Notice shall limit the rights of data subjects under the Personal Data (Privacy) Ordinance.

RET/PDPO/202101