Your privacy is important to us. The purpose of this statement is to inform you of how Fiduciary Asia Group collects, uses, discloses, processes and retains your personal data that is in our possession.
Introduction:
Fiduciary Asia Group comprises the following Companies set up to provide specific services.
Singapore
| o FA Corporate Secretaries Pte Ltd |
| o Fiduciary Asia Corporate Solutions Pte Ltd |
Hong Kong
| o Fiduciary Asia Corporate Services (HK) Limited |
| o Fiduciary Asia Tax Advisors (HK) Limited |
Fiduciary Asia Group operates in Singapore and Hong Kong. This data protection policy applies to Fiduciary Asia companies which are established in Singapore and Hong Kong. Where we share your data with Fiduciary Asia Group of Companies we do so on terms where such data is to be kept secure and confidential.
This policy governs the collection, use and disclosure of personal data provided to Fiduciary Asia Group and explains how we collect and handle personal data of individuals and comply with the requirements of the Personal Data Protection Act 2012 of Singapore and its regulation(s) (“PDPA”) and the Personal Data (Privacy) Ordinance and its regulation(s) (“PDPO”).
- Collection of Personal Data
Fiduciary Asia Group may collect information from you through our interactions or meeting with you, when you request services from us or otherwise during our business.
“Personal Data” refers to any data or information about you from which you can be identified either (a) from data that you provide to us; or (b) from that data and other information to which we have or are likely to have access or gather in the course of operating our business. Under the PDPA, business contact information (e.g. full name, business address, business telephone number) is not considered as personal data so long as it is used strictly for business-to-business transactions.
Fiduciary Asia Group processes your personal data to meet our legal, statutory and contractual obligations and to provide you with our services. We will not collect any unnecessary personal data from you and do not process your information in any way, other than as specified in this statement.
Generally, we collect Personal Data through various ways including but not limited to:
- Direct Interactions
You may provide your information to us
- When you attend our professional interests and events;
- When you attend meetings and visit our offices;
- When you communicate with us by telephone, fax, email or other electronic communication. In this respect, we may monitor, record and store any such communication;
- When you complete (or we complete on your behalf) client on-boarding or application or other forms;
- When you use any of our services;
- When you respond to our request for additional Personal Data;
- When you submit your Personal Data to us for any other reason;
- Third Parties or Publicly Available Sources.
We may receive your personal data from various third parties and public sources including but not limited to:
- Personal data gathered through client due diligence undertaken to meet regulatory requirements (including through credit reference agents);
- Personal data gathered through other companies in Fiduciary Asia Group
- Personal data gathered through your company or agents, advisers, custodians of your assets and intermediaries who are connected to you
- Personal data from publicly available sources such as a Companies Registry;
- Personal data received in the course of dealing with advisors, lawyers, regulators, official authorities, financial advisors and service providers;
- Our clients/ Business Associates who introduce our services to you;
- Other financial services providers (including from other trust and companies administration service providers);
- Types of Personal Data We Collect About You
Examples of Personal Data that we may collect about you include (depending on the nature of your interaction with us):
- Identity data(including your title, name and passport/driving license/national identification card information, politically exposed person (PEP) status, personal data available in the public domain and such other information as may be required for Fiduciary Asia Group to meet our legal and regulatory obligations, in particular in respect of anti-money laundering legislation, including information on source of funds and source of wealth and other crimes);
- Contact data(including names, postal addresses, email addresses and telephone numbers);
- Professional/employment data(including your education background, professional qualifications, employment, details of directorship and other offices which you may hold);
- Financial data(including sources of wealth, financial wealth, details of your assets, shareholdings and beneficial interest in assets, bank account details, credit history);
- Family relationships data(including your marital status, the identity of your spouse/partner and any children you may have);
- Data provided in the course of provision of our services and to meet our contractual obligations(including health, family circumstances, individuals connected to you, religion, race or ethnicity, your objectives/goals in using our services, transactions entered into, tax status, disputes and court proceedings engaged in, and interests, where relevant);
- Banking and financial information, such as payment related information; and
- Any other information you may provide to us.
Where Fiduciary Asia Group is required to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or propose to enter into with you.
- Use of Your Personal Data
Before we collect, use or disclose your personal data, we will notify you of the purpose we are doing so. We will obtain your written consent. We will not collect more personal data than is necessary for the stated purpose. We will seek fresh consent from you if the original purpose for the collection, use or disclosure of your personal data has changed.
Under certain circumstances, we may assume deemed consent from you when you voluntarily provide your personal data for the stated purpose, e.g. when you apply for a job with us using our job application forms.
We may rely on exceptions to the need for consent under the PDPA for the collection, use or disclosure of your personal data under the following circumstances (only those relevant to Fiduciary Asia Group are included):
- the personal data is publicly available;
- the personal data is disclosed by a public agency or disclosed to a public agency;
- the personal data is necessary for any investigation or proceedings;
- the personal data is necessary for Fiduciary Asia Group to obtain legal services;
- the personal data is necessary for business improvement purposes;
- the personal data is necessary for evaluative purposes (e.g. determining the suitability of a job applicant for the job applied for);
- the personal data is necessary to recover a debt owed by an individual to Fiduciary Asia Group, or for Fiduciary Asia Group to pay a debt owed to the individual;
- the personal data is necessary for the purpose of managing or terminating an employment relationship; or
- the personal data is necessary for a business asset transaction.
In general, Fiduciary Asia Group collects, uses and discloses your Personal Data for the following purposes:
a. Performance of a contract with you
We process your personal data because it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract. In this regard, we use your personal data for the following:
- To respond to your queries, requests and provide you the agreed services and products as per terms set out in our Engagement Letter with you or as otherwise agreed from time to time;
- To prepare a proposal for you regarding the services that we offer;
- To process any transactions with the Registrar or any Government Authorities including:
- Filing, lodging, submitting, preparing, delivering, furnishing or sending of any document with/or to the Registrar or any Government Authorities under the legislation administered by the Registrar or any Government Authorities;
- Making of any application, submission or request to the Registrar or any Government Authorities under the legislation administered by the Registrar or any Government Authorities;
- Extracting, retrieving or accessing of any document record or information maintained by the Registrar or any Government Authorities under the legislation administered by Registrar or any Government Authorities;
- To handle requests and enquiries that you might have;
- To process any registrations and/or applications that you have submitted to Fiduciary Asia Group so as to comply with legal, statutory and regulatory requirements;
- To resolve any complaints or feedback that you might have;
- To facilitate business asset transactions (which may extend to any merger, acquisition or asset sale);
- To facilitate provision of regular communications relating to the services provided by Fiduciary Asia Group;
- For client due diligence during the onboarding phase.
b. Legal or Business Purpose
We process your personal data because it is necessary for our legal or business purpose. In this regard, we use your personal data for the following:
- To manage the infrastructure, including maintenance of client database and client service-related processes, and business operations within Fiduciary Asia Group, including recovering outstanding monies owed to us;
- To seek advice on our rights and obligations, such as where we require our own legal advice.
C. Third-Party Consent
If you do a transaction with us on behalf of another individual that will require you to provide that individual’s personal data to us, you must ensure that this individual has given his/her expressed consent to provide his/her personal data to us through you. We will require you to get a written confirmation from this individual that he/she has indeed given his/her expressed consent to you for us to collect, use or disclose his/her personal data.
- Sharing and Disclosing Your Personal Data
We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this statement or where there is a legal requirement. Fiduciary Asia Group may share your personal data with the parties set out below for the purposes listed in above.
a) Internal
Fiduciary Asia Group shares personal data with other companies within Fiduciary Asia Group for purposes of onboarding, due diligence, billing and payroll.
B) External
Fiduciary Asia Group may share your personal data with the following third parties
- Your agents, advisers, intermediaries, and custodians of your assets who you inform us about.
- Other third parties such as intermediaries who we introduce to you. We will wherever possible inform you who they are before we introduce you.
- Any professional advisers or service providers of Fiduciary Asia Group where it is necessary for us to obtain their advice or assistance, including lawyers, accountants, IT, system administrators, third parties who assist us in conducting due diligence and background checks, or where disclosure to that professional adviser is considered necessary to fulfil the purposes set out in this notice.
- Regulators or other governmental or supervisory bodies with a legal right to the material or a legitimate interest in any material.
- Courts or Tribunals.
- Any registrar of a public register where the data is to be included in a public registry.
4. Accuracy
We will make a reasonable effort to ensure that personal data collected by us or on our behalf is accurate and complete.
You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in delays in the processing of your application, or our inability to process your application.
5. Access and Correction
You may write in to us to find out how we have been using or disclosing your personal data over the past one year. Before we accede to your request, we may need to verify your identity by checking your NRIC or other legal identification document. We will respond to your request as soon as possible, or within 30 days from the date we receive your request. If we are unable to do so within the 30 days, we will let you know and give you an estimate of how much longer we require. We may also charge you a reasonable fee for the cost involved in processing your access request.
If you find that the personal data we hold about you is inaccurate, incomplete, misleading or not up-to-date you may ask us to correct the data. Where we are satisfied on reasonable grounds that a correction should be made, we will correct the data as soon as possible, or within 30 days from the date we receive your request.
We may charge a fee for processing a request for access to personal data in accordance with the requirements of the PDPA and PDPO.
6. Data security
Fiduciary Asia Group has put in place appropriate security measures to protect your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, access to your personal data is limited to those who have a business need to know.
In addition, where Fiduciary Asia Group is entering into an engagement with a third party pursuant to which data may be processed by that third party, we will seek to enter into an agreement with that third party setting out the respective obligations of each party and will seek to be reasonably satisfied that the third party has measures in place to protect data from unauthorized or accidental use, access, disclosure, damage, loss or destruction.
Fiduciary Asia Group has put in place procedures to deal with any suspected personal data breach and we will notify you and any applicable regulator of a breach where we are legally required to do so.
- Retention of your data
We have a document retention policy that keeps track of the retention schedules of the personal data you provide us, in paper or electronic forms. We will not retain any of your personal data when it is no longer needed for any of the relevant purposes stated above.
We will dispose of or destroy such documents containing your personal data in a proper and secure manner when the retention limit is reached.
- Withdrawal of Consent
Upon reasonable notice being given by you of your withdrawal of any consent given or deemed to have been given in respect of our collection, use or disclosure of your personal data, we will inform you of the likely consequences of withdrawing your consent. We will cease (and cause any of our data intermediaries and agents to cease) collecting, using or disclosing the personal data unless it is required or authorised under applicable laws.
In any case in which you choose not to provide any personal data or part thereof or where any of the rights set out above are exercised to limit the processing of personal data, Fiduciary Asia Group may be unable to provide relevant services, or there may be a restriction on the services which can be provided.
Your request for withdrawal of consent can take the form of an email or letter to us.
- Transfer of Personal data
Where there is a need to transfer your personal data to another country outside Singapore, we will as far as possible ensure that the standard of data protection in the recipient country is comparable to that of Singapore’s PDPA. If this is not so, we will endeavour to enter into a contractual agreement with the receiving party to accord similar levels of data protection as those in Singapore.
10. Changes to the privacy notice and your duty to inform us of changes
Fiduciary Asia Group may from time to time update this Data Protection Notice. Any updates will be sent to you. All communications and dealings with Fiduciary Asia Group will be subject to the latest version of this Notice.
- Contact Details
All enquiries in respect of this Data Protection Notice or any complaint you have relating to how we manage your personal data should be directed to our Data Protection Officer at dpo@fiduciaryasia.com. or by post to:
Data Protection Officer
Fiduciary Asia Group
36, Robinson Road
#13-01
Singapore 068877