Common use of Rights of Access and Correction Clause in Contracts

Rights of Access and Correction. 5.1 Under and in accordance with the terms of the PDPO, any individual has the right: (a) to check whether CMFHK holds personal data about him/her and of access to such data; (b) to require CMFHK to correct any personal data relating to him which is inaccurate; (c) to ascertain CMFHK’s policies and practices in relation to personal data and to be informed of the kind of personal data held by CMFHK. 5.2 If an individual is in a member state of the European Union (“EU”), subject to certain limitations and/or restrictions, the General Data Protection Regulation may be applicable to the individual and the individual has the right under the General Data Protection Regulation to: (a) request access to and rectification or erasure of his/her personal data; (b) obtain restriction of processing or to object to processing of his/her personal data; (c) the right to data portability; (d) withdraw the consents that he/she has given for the processing of his/her personal data in certain circumstances; and (e) lodge a complaint about the processing of his/her personal data with his/her local data protection authority. 5.3 In accordance with the provisions of the PDPO, CMFHK has the right to charge a reasonable fee for the processing of any data access request. 5.4 The person to whom requests for access to personal data or correction of personal data or for information regarding policies and practices and kinds of personal data held by CMFHK are to be addressed as follows: The Data Protection Officer China Merchants Futures (HK) Co., Ltd. ▇▇/▇., ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Central, Hong Kong 6.1 Customers agree that CMFHK may from time to time transfer Customers’ personal data outside Hong Kong for any of the purposes stated in this Notice. Furthermore, personal data may be transferred to countries located outside the EU which do not provide a similar level of protection to that provided by countries in the EU. CMFHK will take reasonably necessary steps to ensure that personal data are treated with adequate level of protection and in accordance with this Notice. 6.2 Where Customers provide personal data of other individuals to CMFHK, Customers undertake and represent that Customers have notified and obtained necessary consents from such individuals for the collection, use and processing of such individuals' personal data by CMFHK in accordance with this Notice, and in so notifying and obtaining the necessary consents from such individuals, Customers shall fully comply with all applicable personal data protection laws of relevant jurisdictions including but not limited to the PDPO. Customers agree to provide CMFHK with evidence of such consents promptly as and when requested by CMFHK. 6.3 There may be instances where data subjects elect to provide personal information to CMFHK through electronic means (such as Internet or voice recording system). Whilst CMFHK generally uses best endeavours to maintain the security and integrity of its systems, due to many unpredictable traffic or other reasons, electronic communication may not be a reliable medium of communication. Customers should take heed of such weaknesses and communicate personal information through electronic devices with caution. 6.4 CMFHK retains personal data for only so long as it is necessary for the fulfillment of the purposes for which the data are used as stated in this Notice or longer if required by any legal or regulatory requirement or as is otherwise necessary. 6.5 Nothing in this Notice shall limit the rights of an individual under the PDPO. 6.6 Other Group members, to which CMFHK may transfer personal data as mentioned in item (e) of paragraph 3 above, may adopt the same or similar principles and policies regarding personal data as set out in this Notice. 6.7 CMFHK agrees to notify Customers or other individuals and the Privacy Commissioner for Personal Data as soon as practicable upon discovery or notification of any data breach, such as the leakage or loss of their personal data, by CMFHK or other parties listed in paragraph 3 above.

Rights of Access and Correction. 5.1 Under and in accordance with the terms of the PDPO, any individual has the right: (a) to check whether CMFHK holds personal data about him/her and of access to such data; (b) to require CMFHK to correct any personal data relating to him which is inaccurate; (c) to ascertain CMFHK’s policies and practices in relation to personal data and to be informed of the kind of personal data held by CMFHK. 5.2 If an individual is in a member state of the European Union (“EU”), subject to certain limitations and/or restrictions, the General Data Protection Regulation may be applicable to the individual and the individual has the right under the General Data Protection Regulation to: (a) request access to and rectification or erasure of his/her personal data; (b) obtain restriction of processing or to object to processing of his/her personal data; (c) the right to data portability; (d) withdraw the consents that he/she has given for the processing of his/her personal data in certain circumstances; and (e) lodge a complaint about the processing of his/her personal data with his/her local data protection authority. 5.3 In accordance with the provisions of the PDPO, CMFHK has the right to charge a reasonable fee for the processing of any data access request. 5.4 The person to whom requests for access to personal data or correction of personal data or for information regarding policies and practices and kinds of personal data held by CMFHK are to be addressed as follows: The Data Protection Officer China Merchants Futures (HK) Co., Ltd. ▇▇48/▇.F., ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ One Exchange Square Central, Hong KongKong 6 Others 6.1 Customers agree that CMFHK may from time to time transfer Customers’ personal data outside Hong Kong for any of the purposes stated in this Notice. Furthermore, personal data may be transferred to countries located outside the EU which do not provide a similar level of protection to that provided by countries in the EU. CMFHK will take reasonably necessary steps to ensure that personal data are treated with adequate level of protection and in accordance with this Notice. 6.2 Where Customers provide personal data of other individuals to CMFHK, Customers undertake and represent that Customers have notified and obtained necessary consents from such individuals for the collection, use and processing of such individuals' personal data by CMFHK in accordance with this Notice, and in so notifying and obtaining the necessary consents from such individuals, Customers shall fully comply with all applicable personal data protection laws of relevant jurisdictions including but not limited to the PDPO. Customers agree to provide CMFHK with evidence of such consents promptly as and when requested by CMFHK. 6.3 There may be instances where data subjects elect to provide personal information to CMFHK through electronic means (such as Internet or voice recording system). Whilst CMFHK generally uses best endeavours to maintain the security and integrity of its systems, due to many unpredictable traffic or other reasons, electronic communication may not be a reliable medium of communication. Customers should take heed of such weaknesses and communicate personal information through electronic devices with caution. 6.4 CMFHK retains personal data for only so long as it is necessary for the fulfillment of the purposes for which the data are used as stated in this Notice or longer if required by any legal or regulatory requirement or as is otherwise necessary. 6.5 Nothing in this Notice shall limit the rights of an individual under the PDPO. 6.6 Other Group members, to which CMFHK may transfer personal data as mentioned in item (e) of paragraph 3 above, may adopt the same or similar principles and policies regarding personal data as set out in this Notice. 6.7 CMFHK agrees to notify Customers or other individuals and the Privacy Commissioner for Personal Data as soon as practicable upon discovery or notification of any data breach, such as the leakage or loss of their personal data, by CMFHK or other parties listed in paragraph 3 above. SCHEDULE III RISK DISCLOSURE STATEMENTS AND DISCLAIMERS This brief statement does not disclose all of the risks and other significant aspects of trading in futures and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering into and the extent of your exposure to risk. Trading in futures and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances. Risk of Trading Futures and Options The risk of loss in trading futures contracts or options is substantial. In some circumstances, you may sustain losses in excess of your initial margin funds. Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily avoid loss. Market conditions may make it impossible to execute such orders. You may be called upon at short notice to deposit additional margin funds. If the required funds are not provided within the prescribed time, your position may be liquidated. You will remain liable for any resulting deficit in your account. You should therefore study and understand futures contracts and options before you trade and carefully consider whether such trading is suitable in light of your own financial position and investment objectives. If you trade options, you should keep yourself informed of exercise and expiration procedures and your rights and obligations upon exercise or expiry. Risk of Margin Trading The risk of loss in financing a transaction by deposit of collateral is significant. You may sustain losses in excess of your cash and any other assets deposited as collateral with the licensed or registered person. Market conditions may make it impossible to execute contingent orders, such as “stop-loss” or “stop-limit” orders. You may be called upon at short notice to make additional margin deposits or interest payments. If the required margin deposits or interest payments are not made within the prescribed time, your collateral may be liquidated without your consent. Moreover, you will remain liable for any resulting deficit in your account and interest charged on your account. You should therefore carefully consider whether such a financing arrangement is suitable in light of your own financial position and investment objectives. 1 Effect of “Leverage” or “Gearing” Transactions in futures carry a high degree of risk. The amount of initial margin is small relative to the value of the futures contract so that transactions are “leveraged” or “geared”. A relatively small market movement will have a proportionately larger impact on the funds you have deposited or will have to deposit; this may work against you as well as for you. You may sustain a total loss of initial margin funds and any additional funds deposited with the firm to maintain your position. If the market moves against your position or margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If you fail to comply with a request for additional funds within the time prescribed, your position may be liquidated at a loss and you will be liable for any resulting deficit. 2 Risk-reducing Orders or Strategies The placing of certain orders (e.g. “stop-loss” orders, or “stop-limit” orders) which are intended to limit losses to certain amounts may not be effective because market conditions may make it impossible to execute such orders. Strategies using combinations of positions, such as “spread” and “straddle” positions may be as risky as taking simple “long” or “short” positions. 3 Variable Degree of Risk Transactions in options carry a high degree of risk. Purchasers and sellers of options should familiarise themselves with the type of option (i.e. put or call) which they contemplate trading and the associated risks. You should calculate the extent to which the value of the options must increase for your position to become profitable, taking into account the premium and all transaction costs. The purchaser of options may offset or exercise the options or allow the options to expire. The exercise of an option results either in a cash settlement or in the purchaser acquiring or delivering the underlying interest. If the option is on a futures contract, the purchaser will acquire a futures position with associated liabilities for margin (see the section on Futures above). If the purchased options expire worthless, you will suffer a total loss of your investment which will consist of the option premium plus transaction costs. If you are contemplating purchasing deep-out-of-the-money options, you should be aware that the chance of such options becoming profitable ordinarily is remote. Selling (“writing” or “granting”) an option generally entails considerably greater risk than purchasing options. Although the premium received by the seller is fixed, the seller may sustain a loss well in excess of that amount. The seller will be liable for additional margin to maintain the position if the market moves unfavourably. The seller will also be exposed to the risk of the purchaser exercising the option and the seller will be obligated to either settle the option in cash or to acquire or deliver the underlying interest. If the option is on a futures contract, the seller will acquire a position in a futures contract with associated liabilities for margin (see the section of Futures above). If the option is “covered” by the seller holding a corresponding position in the underlying interest or a futures contract or another option, the risk may be reduced. If the option is not covered, the risk of loss can be unlimited. Certain exchanges in some jurisdictions permit deferred payment of the option premium, exposing the purchaser to liability for margin payments not exceeding the amount of the premium. The purchaser is still subject to the risk of losing the premium and transaction costs. When the option is exercised or expires, the purchaser is responsible for any unpaid premium outstanding at that time. Options can involve a high degree of risk and may not be suitable for every investor. You should ensure that you understand those risks before participating in the options market. Additional Risks Common to Futures and Options 4 Terms and Conditions of Contracts You should ask the firm with which you deal with about the terms and conditions of the specific futures or options which you are trading and associated obligations (e.g. the circumstances under which you may become obliged to make or take delivery of the underlying interest of a futures contract and, in respect of options, expiration dates and restrictions on the time for exercise). Under certain circumstances the specifications of outstanding contracts (including the exercise price of an option) may be modified by the exchange or clearing house to reflect changes in the underlying interest.