Personal Data (Privacy) Ordinance Part 6A—Division 2 6A-10 Section 35D Cap. 486 (a) a data subject had been explicitly informed by a data user in an easily understandable and, if informed in writing, easily readable manner of the intended use or use of the data subject’s personal data in direct marketing in relation to a class of marketing subjects; (b) the data user had so used any of the data; (c) the data subject had not required the data user to cease to so use any of the data; and (d) the data user had not, in relation to the use, contravened any provision of this Ordinance as in force as at the time of the use, then section 35C does not apply in relation to the intended use or use, on or after the commencement date*, of the data subject’s relevant personal data, as updated from time to time, in direct marketing in relation to the class of marketing subjects. (2) If— (a) a data subject’s personal data is provided to a data user by a person other than the data subject (third person); and (b) the third person has by notice in writing to the data user— (i) stated that sections 35J and 35K have been complied with in relation to the provision of data; and (ii) specified the class of marketing subjects in relation to which the data may be used in direct marketing by the data user, as consented to by the data subject, Verified Copy Last updated date 5.12.2014

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