Legal Disclaimer

 

W. K. To & Co. (“Firm”) pledges to meet fully with the requirements of the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong (for more information on this Ordinance, you may wish to visit the official website of the Office of the Privacy Commission http://www.pco.org.hk). In doing so, the Firm will ensure compliance by its staff to the strictest standards of security and confidentiality in respect of all personal information and data submitted by its individual clients, potential clients and viewers / users of the Firm’s website (“Website”), or where they are businesses, incorporated or otherwise, their individual representatives (including without limitation directors, other officers, employees and staff members of client businesses) (collectively “Clients”) to the Firm. The Firm will not release such information to anyone without the prior consent of the relevant Client(s) except to the authorized persons listed under the section entitled “Disclosure or Transfer of Data”.

 

Clients are strongly recommended to read this privacy statement (“Privacy Statement”) carefully to have an understanding of the Firm’s policy and practices with regard to the treatment of personal information and data provided by Clients. This Privacy Statement applies to the privacy of Clients using the Firm’s services and users of the Website.

 

If Clients have questions or concerns regarding this Privacy Statement, they should contact the Office Manageress of the Firm at (852) 36280000, email to mail@wktoco.com or write to 11&12/F, Wheelock House, 20 Pedder Street, Central, Hong Kong.

 

I. Provision of Services

The Firm provides professional legal services to its Clients, and its main practices are:

  • Commercial Litigation
  • Construction Litigation
  • General Litigation
  • Arbitration, Alternative Dispute Resolutions and Mediation
  • Insurance and Personal Injuries
  • Corporate Commercial
  • Banking
  • China Practice
  • Intellectual Property
  • Probate and Property

(collectively, “Legal Services”).

 

II. Collection of Personal Data

 

1. Means of Collection of Personal Data

The Firm collects the personal information and/or data of Clients by various means including but not limited to the following:

  1. Client registration forms;
  2. activities enrolment forms (whether completed via the Website or otherwise);
  3. enquiry forms (whether completed via the Website or otherwise);
  4. forms for surveys (whether completed via the Website or otherwise);
  5. collection and/or exchange of name cards and other personal information, either verbal or written, for and during activities and events either organised by or involving the Firm;
  6. written communications between Clients and the staff and personnel, which are in the ordinary course of client-solicitor relationship on an ongoing basis;
  7. verbal communications between Clients and the staff and personnel with Clients being aware of such collection, which are in the ordinary course of client-solicitor relationship on an ongoing basis;
  8. via the Website; and
  9. proofs of authority to instruct the Firm.

 

The Firm may collect personal information and/or data of a Client such as his/her name, identity card number or passport number, marital status, age, sex, date of birth, country of residence, nationality, address, email address, phone number, education level and work experience that is/are not otherwise publicly available.

 

Only duly authorized staff of the Firm will be permitted to access Clients’ personal information and data, and the Firm shall not release such personal information and data to any third parties save and except for the circumstances listed out under the section entitled “Disclosure or Transfer of Data”.

 

2. Purpose of Collection of Personal Data

 

In the course of using the Firm’s services, Clients may disclose or be asked to provide personal information and/or data. For the provision of Legal Services by the Firm to Clients, it may be necessary for Clients to provide the Firm with their personal information and/or data. Failure to supply such data may result in the Firm being unable to provide Clients with the Legal Services.

 

The Firm’s purposes for collection of personal information and data include but not limited to the following:

  1. for provision of Legal Services to Clients in accordance with Clients’ instructions and as the Firm may otherwise deem appropriate or necessary;
  2. to design and provide Legal Services or related products for Clients’ use;
  3. collection of fees from Clients;
  4. to conduct client identification and verification and to make disclosure in order to comply with the requirements of any law, guideline, code of practice and practice direction which are binding on or applicable to the Firm, including but not limited to any law, guideline, code or practice direction relating to anti-money laundering;
  5. any specific purposes provided for in any particular service offered by the Firm; and
  6. to facilitate the Firm to use Clients’ personal data for purposes relating to marketing the Firm’s services and promoting and hosting special events of the Firm (e.g. seminars) or other related services.

 

Please note that all marketing materials in relation to the Legal Services and related services and products of the Firm which are sent to corporate Clients’ representatives are sent to them in their official capacity as representatives of the corporate Clients for whom he or she works for or represents, but not in their individual capacity.

 

III. Disclosure or Transfer of Data

 

The Firm takes all practicable steps to keep all personal information and data of Clients confidential and/or undisclosed, subject to the following.

 

Generally speaking, the Firm will only disclose and/or transfer Clients’ personal information and/or data to the Firm’s personnel and staff for the purpose of providing the Legal Services to Clients. However, the Firm may disclose and/or transfer such information and/or data for the above purposes to:

 

  1. any branch or office of the Firm;
  2. government agencies including but not limited to the Hong Kong Police, the Hong Kong Customs and Excise Department, the Hong Kong Immigration Department and the Independent Commission Against Corruption, if the Firm suspects or knows that any person is engaged in drug trafficking, terrorism or any other serious crime; in such case, the Firm’s confidentiality obligations may be overridden by the obligation to report to the relevant authorities;
  3. any other legal practitioner (including without limitation solicitors, barristers, and foreign lawyers), accountants, or other financial or professional advisers representing Clients in connection with the Legal Services provided by the Firm to Clients, or if so requested by Clients in which the Firm believes that in its absolute discretion, considers prudent to disclose and/or transfer;
  4. any financial institution, business or professional firm with which Client has or proposes to have dealings related to the Legal Services provided by the Firm to Client;
  5. if a Client is in default of payment of legal fees to the Firm or otherwise, debt collection agencies;
  6. appropriate persons where the Firm considers necessary to do so in order to comply with the applicable laws and regulations; and
  7. authorized persons where the Firm deems necessary in order to maintain and improve its services.

 

Personal data collected by the Firm may be transferred, stored and processed in any country in which the Firm and its office(s) operate. By using the Legal Services, Clients are deemed to have agreed to, consented to and authorized the Firm to disclose and/or transfer their personal information and data under the circumstances stated above, as well as to any transfer, disclosure and use of information and data outside of Clients’ country.

 

IV. Subscription of Newsletter/Promotional Materials/Marketing Materials

 

The Firm may from time to time communicate to Clients newsletters, promotional and marketing materials and information, either verbally or in writing, based on the personal information and data that they have provided to the Firm. The Firm may use Clients’ data in direct marketing and the Firm requires Clients’ consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

 

  1. the name, contact details, age, sex, date of birth, country of residence, nationality, education level and work experience of Clients held by the Firm from time to time may be used by the Firm and/or its authorized personnel or staff in direct marketing;

 

  1. the following classes of services, products and subjects may be marketed:
    1. all products and services related to the Legal Services provided by the Firm ;
    2. special events hosted by the Firm for Clients, including but not limited to courses, workshops, and seminars; and
    3. donations and contributions for charitable and/or non-profit making purposes;

 

  1. the above products, services and subjects may be provided or (in the case of donations and contributions) solicited by the Firm and/or:
    1. the Firm’s office(s) outside Hong Kong;
    2. third party service providers providing the products, services and subjects listed in paragraph (b) above;and
    3. charitable or non-profit marking organizations;

 

  1. in addition to marketing the above services, products and subject itself, the Firm also intends to providethe data described in paragraph (a) above to all or any of the persons described in paragraph (c) above for use by them in marketing those services, products and subjects, and the Firm requires Clients’ written consent (which includes an indication of no objection) for that purpose.

 

The Firm will not transfer data relating to a Client to a third person for that person’s marketing activities.

 

Suitable measures are implemented to make available to such Clients the options to “opt out” of receiving such materials. In this regard, Clients may choose to unsubscribe for such materials by giving a written request to the Office Manageress by sending email to mail@wktoco.com, or writing to 11&12/F, Wheelock House, 20 Pedder Street, Central, Hong Kong.

 

V. Access

 

Any Client is entitled to request access to or make amendments to his/her own personal information and data kept with the Firm by contacting the Office Manageress of the Firm at (852) 36280000, sending email to mail@wktoco.com, or writing to 11&12/F, Wheelock House, 20 Pedder Street, Central, Hong Kong.

 

In the event that a Client wishes to access or amend his/her personal information and data, the Firm may request him/her to provide personal details in order to verify and confirm his/her identity. HKID card number, passport number or business registration certificate number cannot be amended unless such data is proved to be inaccurate. The Firm is required to respond to a Client’s requests within 40 days of his/her request and will endeavor to do so wherever possible.

 

VI. Use of Website of the Firm

 

1. Cookies

 

The Firm does not collect any personally identifiable information from any Clients whilst they visit and browse the Website, save and except where such information of Clients is expressly requested. The Firm’s computer system does not use ‘cookies’.

 

2. Links to Other Sites

 

The Website may provide links to other websites which are not owned or controlled by the Firm. Personal information and data from Clients using the Website may be collected on such other websites when Clients visit such websites and make use of the services provided therein. Where and when Clients decide to click on any hyperlink on the Website which grants Clients access to another website, the protection of Clients’ personal information and data which are deemed to be private and confidential may be exposed in these other websites.

 

Clients are reminded that this Privacy Statement grants no protection to Clients’ personal information and data that may be exposed on websites other than the Website, and the Firm is not responsible for the privacy practices of such other websites.

 

VII. Security

 

The security of Clients’ personal information and data is important to the Firm. The Firm will always strive to ensure that Clients’ personal information and data will be protected against unauthorized access. The Firm has implemented appropriate electronic and managerial measures in order to safeguard, protect and secure Clients’ personal information and data.

 

All personal information and data provided by Clients are only accessible by the authorized personnel of the Firm or its authorized third parties, and such personnel shall be instructed to observe the terms of this Privacy Statement when accessing such personal information and data. Clients may rest assured that their personal information and data will only be kept for as long as is necessary to fulfill the purpose for which it is collected. 

 

The Firm follows generally accepted industry standards to protect the personal information and data submitted by Clients, both during transmission and once the Firm receives it. However, no method of transmission or storage of data, including without limitation transmission over the internet and storage by electronic means, is 100% secure. Therefore, while the Firm strives to protect Clients’ personal information and data against unauthorized access, the Firm cannot guarantee its absolute security.

 

VIII. Retention of Personal Data

 

Once the Firm has obtained a Client’s personal information and/or data, it will be maintained securely in designated premises and computer systems of the Firm and/or its engaged service provider(s). Subject to legal requirements and applicable codes and practice directions, the personal information and/or data of Clients will be retained by the Firm for an appropriate period of time.

 

IX. Changes to this Privacy Statement

 

The Firm reserves the right to update, revise, modify or amend this Privacy Statement in the following manner at any time as the Firm deems necessary and Clients are strongly recommended to review this Privacy Statement frequently. If the Firm decides to update, revise, modify or amend this Privacy Statement, the Firm will post those changes to its webpage and/or other places the Firm deems appropriate so that Clients would be aware of what information the Firm collects, how the Firm uses it, and under what circumstances, if any, the Firm discloses it.

 

If the Firm makes material changes to this Privacy Statement, the Firm will notify Clients by email or by means of a notice on the home page of the Firm.

 

In the event of any inconsistency between the Chinese and English versions of this Privacy Statement, the English version shall prevail.

 

For any query, please contact the Firm’s Office Manageress at (852) 36280000, or email to mail@wktoco.com or write to 11 & 12/F, Wheelock House, 20 Pedder Street, Central, Hong Kong.