Hong Kong Exchanges and Clearing Limited and its affiliated companies (together "HKEX", "we", our” or "us") are committed to protecting all Personal Data under our custody, control, or possession. Under the applicable data protection laws, HKEX is the “Data Controller”. “Personal Data” is any information that relates to an identifiable individual or can be used to identify an individual – sometimes the individual is referred to as “you” or a “Data Subject”.

This privacy notice (“Notice”) applies to Data Subjects who supply their Personal Data for the purposes of our procurement process where the Data Subject is an individual who is acting for itself (as a supplier who is a natural person) or on behalf of a legal entity (and from whom HKEX purchases products or services) (“Supplier”) – specifically, it refers to the Personal Data that is processed to maintain our approved suppliers list, to facilitate the evaluation of responses to invitations (including requests for proposals and tenders), to conclude and execute our contractual relationships with Suppliers (including the legal representative that signs the contract on behalf of the Supplier), and to conduct the related Supplier onboarding process. This Notice also refers to the Personal Data of the employees/consultants involved in the activities referred to in the contracts.

This Notice sets out the Personal Data we collect, generate, and otherwise process, how we process it, who it might be transferred to, how we protect it and Data Subjects’ rights under the applicable data protection laws. By submitting your Personal Data in a response to a request for proposal, tender, or other procurement application process, and/or in the instance that an offer for the supply of goods or services has been accepted by HKEX and therefore you or the legal entity is subject to the Supplier onboarding process, you acknowledge that you have understood this Notice.

We will revise this Notice from time to time to reflect any relevant developments at HKEX relating to our business or operations that impact our procurement management process, or due to changes in the applicable laws and regulations. To the extent required under applicable data protection laws, we will notify Data Subjects of material changes and, where required, seek their consent.

If the correct or complete Personal Data is not submitted to HKEX, then we may not be able to process the procurement application, conduct the related Supplier onboarding process, and/or work with you on the activities referred to in the contract, and we may also be unable to process requests relating to your rights as a Data Subject under the applicable data protection laws. HKEX is also required to perform certain regulatory functions that may not be possible if we are not provided with the requested Personal Data.

This Notice does not apply to our client facing website, which is addressed in our general website privacy notice.

Where required under applicable data protection laws, the Personal Data shall only be collected and processed with your consent. Sometimes we will aggregate information into aggregated data, but aggregated data will not necessarily constitute Personal Data. Any aggregated data that does constitute Personal Data will be processed in accordance with this Notice.

HKEX discloses Personal Data to third party organisations that provide support services in connection with the procurement management process. These third party Personal Data recipients and specific transfer purposes are set out below:

• Affiliates of Hong Kong Exchanges and Clearing Limited
• Our professional service providers such as legal advisors, tax consultants, and auditors
• Any individual or entity acting on your behalf according to your authorisation
• Any regulator or other authority of HKEX or of our affiliates
• Our contractors or vendors who provide telecommunications, IT security, or other technical assistance 

To fulfil our legal obligations, we may also share your Personal Data with courts, regulatory authorities, government and law enforcement agencies, and other public authorities.

Further details about these third parties may be provided upon request to the address in the “Contact Us” section below. We shall endeavour to provide such information to the extent we are required to do so under applicable data protection laws.

Where required under applicable data protection laws, HKEX will only disclose Personal Data to third parties with your prior consent. In certain jurisdictions, HKEX may also be required to take additional measures prior to giving effect to such transfers (e.g. carrying out privacy impact assessments prior to the transfer).

HKEX may process Personal Data outside of the Data Subject’s home jurisdiction, including sharing the Personal Data with third parties (such as suppliers). HKEX shall use reasonable endeavours to ensure that the laws and regulations of the destination jurisdiction shall offer the same or comparable level of protection for Personal Data. Where this is not the case, we shall ensure appropriate safeguards are in place at the time of the transfer by implementing standard contractual clauses or other data transfer mechanism approved by the authorities of the relevant jurisdiction. Where required under applicable data protection laws, we shall also carry out additional measures for the offshore transfer such as carrying out a privacy impact assessment.

The regions where the Personal Data may be hosted or transferred to will vary from time to time, but typically include Hong Kong, the UK, US, EU, Switzerland, Singapore, Japan, India, and Mainland China.

Further details on the processing locations and our measures for safeguarding international transfers (including adequacy decisions) may be obtained upon request to the address in the “Contact Us” section below.

Your Personal Data will be retained by us for as long as is necessary to fulfil the purposes required for the processing outlined in this Notice and, in any event, retained in accordance with applicable law.

HKEX will refer to the following factors when determining or confirming the appropriate retention period of Personal Data:

• the original purpose of collection
• the termination of any contract involving the Data Subject's Personal Data
• the limitation period as defined in the applicable law
• the existence of any legal or regulatory investigations or legal proceedings
• specific laws or regulations setting out HKEX's functions, obligations, and responsibilities
• retention period set out in non-statutory guidelines issued by our regulators or international bodies
• the sensitivity of the Personal Data and the degree of risk from the associated processing activity

Images recorded by CCTV on our premises are retained for 60 days unless requested by law enforcement, such as when there may have been an incident.

For Data Subjects in Mainland China, we usually retain the Personal Data for not more than three years from the last activity or interaction with us. Further details of our Personal Data retention period may be obtained upon request to the address in the “Contact Us” section below.

Where any Personal Data is no longer necessary for the purposes for which it is collected, we shall cease the processing of that Personal Data as soon as reasonably practicable (although all or part of the Personal Data may continue to be retained as necessary for archival purposes, for use in any actual or potential dispute, or for compliance with applicable laws), and take reasonable measures to destroy the relevant Personal Data.

We will take all practicable and reasonable steps to promote the security of the Personal Data we process in a manner consistent with applicable data protection laws and established international security standards. This includes physical, technical and administrative safeguards to help prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, such as:

• storage of Personal Data in a secure operating environment with restricted access;
• relevant third parties being required to apply appropriate safeguards; and
• rigorous verification of identity prior to access being granted to HKEX premises.

Where we occasionally provide links to third-party websites, this Notice will not apply and we recommend that you check their respective privacy statements to understand how your Personal Data will be governed.

Where these rights apply, we shall use reasonable endeavours to fulfil the request or provide an explanation. Please note that under applicable data protection law, we are only obligated to respond to Personal Data requests from the same Data Subject up to two times in a 12-month period, and we may be limited in what Personal Data we can disclose which is also for the protection of your Personal Data.

We will endeavour to respond to you as soon as possible and, in any event, within the timeframe stipulated under the applicable data protection law. In the event of a potential delay, we will provide an explanation and the expected timeframe for delivery. Under applicable data protection law, we may also be required to charge a reasonable fee for the cost of processing the request.

Please note that we may need to seek confirmation of identity or clarification in order to fulfil the request. If you as the Data Subject would like to appoint an authorised agent to make a request on your behalf, we may require you to verify your identity with us directly before we provide any requested information to your authorised agent unless your authorised agent has power of attorney or acts as a conservator. Information collected for purposes of verifying your request will only be used for verification. For deletion requests, you will be required to submit a verifiable request for deletion and then confirm separately that you want Personal Data about you to be deleted.

If you would like to exercise your Data Subject rights, please contact the HKEX Group Data Protection Office via one of the channels under the “Contact Us” section below.

If you have any questions or comments relating to the content of this Notice or if you would like to exercise your Data Subject Rights, please contact us through the channels below:

Group Data Protection Officer (dataprivacy@hkex.com.hk)
GDPO Office
Hong Kong Exchanges and Clearing Limited
8/F., Two Exchange Square
8 Connaught Place
Central
Hong Kong 

UK Representative: 10 Finsbury Square, London, EC2A 1AJ, United Kingdom

EU Representative: De Cuserstraat 91, 1081 CN Amsterdam, Postbus/PO Box 7902, 1008 AC Amsterdam, Netherlands (hkex.eurep@eversheds-sutherland.com)

Please include the following details in any request to exercise your Data Subject Rights:

Identity of Data Subject

• Full Name*
• Company Name
• Email Address*
• Address of principal residence
• Identity particulars if acting on behalf of a Data Subject
• Contact details held on file*

Nature of the Request

• Specific Right*
• Purpose of the Request
• Preferred communication channel and address for receiving the results of the request*
• Document(s) to support the rights request

*required field

Any Data Subject who has contacted us to express concerns about the way we manage their Personal Data and is of the view that we have not addressed the matter satisfactorily, may also contact the relevant privacy regulator to resolve the matter or seek assistance.

The privacy regulator in the United Kingdom is the Information Commissioner, who may be contacted at https://ico.org.uk/make-a-complaint/ or by post to: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, United Kingdom.

If you live outside of the UK, you may contact the relevant data privacy regulator in your country of residence.

Last update: March 2024

This Notice relates to the privacy practices of the following HKEX group entities. For the contact details of the following entities, please refer to the “Contact Us” section.

• The Stock Exchange of Hong Kong Limited
• Hong Kong Futures Exchange Limited
• Hong Kong Securities Clearing Company Limited
• HKFE Clearing Corporation Limited
• The SEHK Options Clearing House Limited
• OTC Clearing Hong Kong Limited
• HKEX Information Services Limited
• HKEX Information Services (China) Limited
• HKEX (China) Limited
• HKEX Investment (China) Limited
• HKEX Investment (Hong Kong) Limited
• Hong Kong Futures Exchange Limited Singapore Branch
• The Stock Exchange Of Hong Kong Limited Singapore Branch
• HKEX (U.S.) LLC