隱私政策 | Endowus HK 智安投

Introduction
1. This policy ("Privacy Policy") describes how Endowus HK Limited (Company Registration No. 2884879) ("Endowus" or “us”) manages Personal Data which is in our possession or under our control. "Personal Data", is defined in the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) ("PDPO"), and means any data (a) relating directly or indirectly to a living individual; (b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and (c) in a form in which access to or processing of the data is practicable.
2. By using our services pursuant to your agreement(s) with us ("Services"), operating any account maintained with us, accessing the online platform operated by us (which is accessible through our website at www.endowus.com or through our mobile application) ("Platform"), websites or mobile applications, or otherwise providing information to or communicating with us, you are taken to have agreed to our collection, use, processing and disclosure of your Personal Data in accordance with this Privacy Policy. You understand that failure to supply such Personal Data to us may result in us being unable to continue to provide the Services to you and/or us unable to continue to provide you with access to the Platform.
3. Capitalised terms not otherwise defined in this Privacy Policy shall have the meaning as ascribed in the Terms and Conditions, its Schedules and application form(s) submitted by you (including any terms and conditions or disclaimers thereto) (the "Agreement") between you and us.
4. The terms in this Privacy Policy shall supplement and add to the terms and conditions as set out in the Agreement. In the event of conflict or inconsistency between any provisions in this Privacy Policy and the Agreement, the terms of this Privacy Policy shall prevail in respect of the matters contained herein to the extent of such conflict and inconsistency. Save for the foregoing, this Privacy Policy does not supersede or replace any other consents you may have previously or separately provided to us in respect of your Personal Data, and your consent to this Privacy Policy is in addition to any other rights which we may have to collect, use, process or disclose your Personal Data.
5. The words "we", "us", "our" or any of their derivatives refer to Endowus and its successors and any novatee, assignee, transferee or purchaser of Endowus' rights and/or obligations hereunder and any reference to Endowus includes a reference to such successor, novatee, assignee, transferee or purchaser. The words "you", "your", "yours" or any of their derivatives refer to the person using our Services, operating any account maintained with us, accessing our Platform, website or mobile applications, or otherwise providing information to or communicating with us and shall include, as the context may require, personal representatives (as the case may be).
6. This Privacy Policy shall be governed by, and construed in accordance with, the laws of Hong Kong. Without prejudice to your rights under any applicable laws, any dispute arising out of or in connection with this Privacy Policy and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the courts of Hong Kong and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

Personal data that we collect
1. We collect, use, disclose, transfer and otherwise process Personal Data about you or individuals who are connected or associated with you including but not limited to your legal representatives ("Associated Persons") in accordance with this Privacy Policy.
2. The Personal Data that we collect or may collect include:
  1. personal contact data including name, telephone number, email address, residential address and correspondence address;
  2. specimen signature(s);
  3. occupation, education, employment status and income levels, including whether you have any professional qualifications relating to finance;
  4. identification card or passport number, nationality, date of birth, place of birth and other information for the verification of identity
  5. financial and banking information (e.g. information on source and amount of regular income, your financial situation, net assets, income, expenses, cash flow, financial commitments, credit history, bank account and banking transactions);
  6. images, voice recordings of our conversations with you and/or your biometric information;
  7. tax and insurance information;
  8. information about your financial or investment objectives, risk profile and risk tolerance, investments, investment objectives, knowledge and experience and/or business interests and assets, including current investment portfolio, including any life policies, your current securities trading account, whether the amount to be invested with is a substantial portion of your assets and prior investment experience in relation to specific investment products;
  9. personal opinions made known to us (e.g. your feedback or responses to any surveys);
  10. browsing history, patterns or other unique information;
  11. your internet protocol address and information associated with such address;
  12. any other personal data reasonably required in order for us to provide the Services requested by you; and
  13. any other personal data permitted by or required to comply with any applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, licence conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and/or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority whether in Hong Kong or elsewhere, whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time ("Applicable Laws") and our internal control and compliance policies.

Sources of information
1. The Personal Data has/or will be obtained from the following sources, where applicable, or such other sources which we may see fit from time to time:
  1. information provided or submitted by you through among others, your dealings and agreements with us, which includes information provided when registering as a user, providing information regarding any account which you may open with us, providing answers to security questions, completing any confirmations, declarations or forms, or through your utilization of any of our Services, accessing or viewing our Platform;
  2. as applicable, publicly available or publicly accessible information; and
  3. such other written, electronic or verbal communications or documents delivered to us prior to and during the course of our contractual or pre-contractual dealings with you.
2. As the accuracy of your Personal Data depends largely on the information you provide to us, you should inform us as soon as practicable if there are any errors in the Personal Data or if there have been any changes to the Personal Data. We intend to keep the Personal Data accurate and up-to-date, and retain the Personal Data no longer than necessary for the below purposes or as required or permitted by any Applicable Laws.

Purpose of collecting, using and disclosing your personal data
1. We may use your Personal Data for our business purposes, including the provision and continuing operation of the Platform and the Services provided to you. This includes, the following purposes ("Purposes"):
  1. provision of the Services as requested by you, including instructing any Intermediaries and/or third party services providers in order to provide the Services to you;
  2. carrying out any transactions on your behalf contemplated on the Platform and the Services thereto;
  3. assessing and processing applications, instructions or requests from you;
  4. communicating with you, including providing you with updates on changes to our Services;
  5. to verify your identity for the purposes of providing the Services to you;
  6. conducting due diligence checks, screenings or credit checks as may be required by any Applicable Laws or our internal policies and procedures;
  7. for the specific purpose for which it was volunteered or provided to us;
  8. to detect and protect us or any third parties against negligence, fraud, theft and other illegal activities;
  9. to understand your needs and preferences;
  10. improving the content, appearance and utility of the Platform;
  11. to manage and develop infrastructure and business operations;
  12. to administer any account which you may open with us;
  13. to process payments;
  14. to comply with our internal policies and procedures;
  15. to respond to queries or feedback;
  16. to address or investigate any complaints, claims or disputes;
  17. as permitted by any Applicable Laws;
  18. to comply with any Applicable Laws or any request from any relevant governmental or regulatory authority;
  19. financial reporting, regulatory reporting, management reporting, risk management, audit and record keeping purposes;
  20. enforcing obligations owed to us;
  21. seeking professional advice, including legal advice;
  22. any other reasonable purposes in connection with the provision of our Services;
  23. with your consent, providing you with marketing materials in connection with the Services we may provide;
  24. fulfilling any purpose directly related to the above Purposes;
  25. to enable any actual or proposed assignee or participant or sub-participant or transferee to evaluate an assignment, participation or sub-participation or transfer of our rights in respect of you or all or any part of our assets or business; and to assign or sub-contract, procure products/services for, or outsource any part of our normal business functions to third parties;
  26. any other purposes that are appropriate or authorized by any Applicable Laws; or
  27. any other purposes that are specified in the data service agreement between us and service provider.
2. You shall acquire consent from Associated Persons before providing their Personal Data to us. Where you have provided Personal Data to us relating to any other individual, unless you have specifically instructed us otherwise, we shall assume that you have obtained the relevant consent in order to do so.
3. You may, at any time, withdraw your consent to receive marketing information from us. If you wish to do so, please contact our data protection officer at dataprotection.hk@endowus.com.

Disclosure and sharing of your personal data
1. Without prejudice to any other provisions in any agreements between us, we may from time to time disclose and share your Personal Data to our directors, officers, employees, representatives, agents or delegates or any third parties including Intermediaries, whether located in Hong Kong or otherwise, to carry out the Purposes. This includes, disclosing and sharing your Personal Data with the following:
  1. any of our directors, officers, employees, representatives, agents or delegates;
  2. any of our shareholders or related corporations, and any of their successors or assigns, and their directors, officers, employees, representatives, agents or delegates;
  3. our professional advisers, consultants and auditors;
  4. any Intermediaries, business partners, service providers, agents, contractors, delegates, suppliers or third parties which we may appoint from time to time to provide us with services in connection with the Platform or the Services that we offer to you, and their directors, officers, employees, representatives, agents or delegates;
  5. any sub-contractors which any of our Intermediaries, service providers, agents, suppliers, delegates or contractors may appoint from time to time to provide them with services in connection with the Platform or the Services that we offer to you, and their directors, officers, employees, representatives, agents or delegates;
  6. any actual or proposed assignee of us or participant or sub-participant or transferee of our rights in respect of you (including anyone who takes over or may take over all or part of our rights or obligations under any agreement we have with you or anyone any agreement we have with you (or any part thereof) is transferred to or may be transferred to) or all or any part of our assets or business;
  7. any person who we believe in good faith to be your legal advisers or other professionals;
  8. any relevant governmental or regulatory authority, in so far as we need to do so to keep to any Applicable Laws, or which we in good faith believe that we should keep to;
  9. pursuant to a request by any relevant governmental or regulatory authority (regardless of the reason for such request and whether such request is exercised under a court order or otherwise);
  10. parties which assist us in carrying out the Purposes laid out above in this Privacy Policy; and
  11. any person to whom we are, in our belief in good faith, under an obligation to make disclosure as required by any Applicable Laws, provided that in the case of disclosures under any of the circumstances in (5.1.1) to (5.1.4), we shall procure that the recipient is subject to the same duty of confidence.
2. In addition to the above, and with your consent, we may use your Personal Data for a new business purpose other than the Purposes identified in 4.1 and transfer your Personal Data to a third party other than the persons identified in 5.1. In such a case, we will separately notify you of the purpose(s) and provide you with the details of such data transfer.

Transfer of your personal data outside Hong Kong
1. We may transfer, store, process and/or deal with your Personal Data outside Hong Kong. When doing so we will take appropriate steps to ensure that the transferred Personal Data is provided with a standard of protection that is at least comparable to the protection under the PDPO.
2. If we engage a data processor (whether within or outside Hong Kong) to process Personal Data on our behalf, we will adopt contractual or other means to prevent the unauthorized or accidental access, processing, erasure, loss or use of the data transferred to the data processor for processing.

Retaining your personal data
1. Your Personal Data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any other business purposes or to comply with any Applicable Laws. If we engage a data processor (whether within or outside Hong Kong) to process Personal Data on our behalf, we will adopt contractual or other means to prevent any Personal Data transferred to the data processor from being kept longer than is necessary for processing of the data.

Rights of access and rectification
1. You have the choice to ascertain whether we hold Personal Data of which you are the data subject and you may also request access to your Personal Data we hold, or request the rectification of any inaccurate Personal Data. If you would like to do so, please contact our data protection officer at 9/F, 200 Hennessy Road, Wanchai, Hong Kong or at dataprotection.hk@endowus.com. In accordance with the PDPO, we reserve the right to charge a reasonable fee for processing any such requests.

Use of cookies and related technologies
1. Our Platform, websites and mobile applications ("apps" or an "app") use cookies. A cookie is a small text file placed on your computer, system or mobile device when you visit a website or use an app. Cookies collect information about users and their visit to the website or use of the app, such as their Internet protocol (IP) address, how they arrived at the website (for example, through a search engine or a link from another website) and how they navigate within the website or app. We use cookies and other technologies to facilitate your internet sessions and use of our apps, offer you products and/or Services according to your preferred settings, track use of our websites and apps and to compile statistics about activities carried out on our websites and/or through our apps.
2. A pixel tag, also known as a web beacon, is an invisible tag placed on certain pages of our website but not on your computer. Pixel tags are usually used in conjunction with cookies and are used to monitor the behavior of users visiting the website.
3. You may set up your web browser to block cookies which will in turn disable the pixel tags from monitoring your website visit. You may also remove cookies stored from your computer or mobile device. However, if you do block cookies and pixel tags, you may not be able to use certain features and functions of our websites or the Platform.
4. We also use analytics programs similar to Google Analytics for web analytics purposes to manage and improve our websites, mobile applications, the Platform and/or our Services. Certain features may be used and as a result, your information may be collected for reports such as impression reporting, demographic reporting, interest reporting and to assist with tailoring our online advertising to provide you with a better experience.
5. We and our third-party vendors may use first-party cookies or other first-party identifiers, and third-party cookies or other third-party identifiers together, to inform, analyse, optimise, and serve custom ads based on your interests, searches and prior usage patterns when visiting our websites, mobile applications and Platform, and for other market research analysis purposes such as impression reporting and how your interactions with these ads are related to visits to our websites, mobile applications and Platform, amongst others. As a consequence, third party vendors may show our ads on other websites or mobile applications. We neither support or endorse the goals, causes or statements of these websites or mobile applications which display our ads.
6. Where applicable, using the Google Ad Settings (https://www.google.com/settings/u/0/ads/authenticated), you may control the ads you view, block specific advertisers, learn how ads are selected for you, and opt-out of Google Analytics for Display Advertising. To opt out from any collection or use of information by Google Analytics, please download and install the Google Analytics Opt-Out Browser Add-on available at https://tools.google.com/dlpage/gaoptout. By opting out, you will not be subject to online advertising or marketing analysis by Google Analytics and you will no longer receive ads tailored to your browsing patterns and usage preferences.

Third party sites
1. Our web sites may contain links to other websites which are not maintained by us. This Privacy Policy only applies to our websites, mobile applications (as applicable), the Platform and/or our Services. When visiting these third party websites, you should read their privacy policies which will apply to your use of the web sites.

Direct marketing
1. From time to time, we may use your Personal Data to send you news, offers, promotions and joint marketing offers and we will seek your prior consent for such purpose. We may contact you by email, in-app notifications, social media, SMS, text/picture/video message, telephone or mail. Your Personal Data held by us may be used by us in the direct marketing of our Services and Services offered by our business partners.
2. If you do not wish to receive any direct marketing communications from us, you can opt out at any time by updating your preferences through the Platform or contact us through our data protection officer at 9/F, 200 Hennessy Road, Wanchai, Hong Kong or at dataprotection.hk@endowus.com. Upon receipt of your request, we shall cease to use your Personal Data as soon as possible without charge to you.

Complaints
1. We have established the complaint mechanism. If you think any collection, use, process or disclosure of your Personal Data violates this Privacy Policy or any Applicable Laws, please report to our data protection officer at 9/F, 200 Hennessy Road, Wanchai, Hong Kong or at dataprotection.hk@endowus.com and we will process your complaint and respond to you.

Changes
1. Our Privacy Policy may change from time to time. We will post any Privacy Policy changes on this page, for which you will be notified. If you continue to use our Services, operate any account maintained with us, access our Platform, websites or mobile applications (as applicable), and/or otherwise provide information to or communicate with us, you are deemed to have agreed to such changes without reservation.

Contacting us
1. If you have any questions about any aspects of this Privacy Policy or your Personal Data, please contact our data protection officer at 9/F, 200 Hennessy Road, Wanchai, Hong Kong or at dataprotection.hk@endowus.com.

Privacy Policy - Hong Kong