Statement on Personal Data Privacy
1.Your privacy is important to us.
Arta Asset Management Limited ("AAML") is committed to the privacy and security of personal data we collect in compliance with the principles and requirements under the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (‘PDPO’).
This Policy is meant to help you understand how AAML collects and manages personal data, which may include data gathered through this Website, Account opening and applications that reference this Policy, such as mobile applications, applets and other software applications that are developed or utilized to offer AAML’s services (‘Services’) to you.
This Policy applies along with any terms of business and other contractual agreements AAML may have with you, including the Client Trading Agreement. In the event of inconsistency between this Policy and the Client Trading Agreement with respect to matters relating to personal data, the Client Trading Agreement shall prevail.
For the purpose of this Policy, the term ‘personal data’ shall have the same meaning as defined under the PDPO. This Policy is publicly accessible on our Website at www.artaam.com/privacy-policy, and is subject to change.
2.Collection of data
- ① Customer Account opening. Customer personal identification data such as name, age, occupation, marital status, passport or identity card number, date of birth, gender, nationality, residential and correspondence address, telephone number, mobile phone number, email address, bank account details and other personal data or information as deemed necessary by AAML for the purpose of Account opening and/or completing the Client Information Statement;
- ② Third party risk intelligence or information providers. In connection with the opening of an Account, verification of identity, creditworthiness and other necessary compliance background checks;
- ③ Account transaction records. Upon creation of an Account, the Account activity(s) including without limitation to transaction records, balances, portfolios and trade positions;
- ④ Account sign-in facility. In connection with any Account sign-in facility, your log-in and password details;
- ⑤ the content of any communications with AAML including enquiries, concerns or comments regarding the Account, the Services and/or the Website;
- ⑥ Automatic collection. automatic collection of data upon visitation to the Website. Such data or information may include internet protocol (IP) address; user settings; MAC address; cookie identifiers; mobile carrier; mobile advertising and other unique identifiers; details about your browser; operating system or device; location information; internet service provider; pages that you visit before, and information about the links you click on the Website etc. These data is collected during your visit to the Website through automatic data collection tools, which may include cookies and other commonly used technologies.
Supply of personal data is obligatory. Failure to supply the data may result in AAML unable to approve the opening or continuation of the Account, to establish or continue the Services, or to comply with applicable laws or regulations.
3.Purpose of collection
Your personal data may be used for one or more of the following purposes:-
- ① to process Customer Account opening applications;
- ② to determine suitability and/or eligibility for any of the Services or products
- ③ to satisfy compliance protocols under the applicable laws, rules, regulations and circulars, as may be revised or amended from time to time;
- ④ to process Service transactions and the daily operation of AAML’s business;
- ⑤ to administer and maintain the Account, including Customer relationship management;
- ⑥ to provide access, and improve the functionalities and features of the Website and/or the Services;
- ⑦ to process financial information and other payment methods for the provision of the Services;
- ⑧ to provide marketing services (for further details, please refer to the section headed ‘Direct Marketing’ below);
- ⑨ to meet any obligations and requirements, whether compulsory or voluntary, in order for AAML to comply with any laws, regulations, guidelines, demands or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities within or outside Hong Kong; and
- ⑩ to prevent and detect crime.
Additionally, AAML may use the personal data to maintain and upgrade it’s technology systems and infrastructure, such as:-
- ① ensuring internal quality control, including debugs and repair errors that impair existing intended functionality;
- ② researching and developing products, services, marketing or security procedures to improve system performance, reliability or efficiency;
- ③ detecting security incidents, protecting against malicious, deceptive or fraudulent activities, and assisting the prosecution in prosecuting those responsible for those activities; and
- ④ undertaking research for technological development.
4.Disclosure
Personal data supplied to AAML will be kept confidential. However, AAML may, where such disclosure is necessary to satisfy the purpose (or a directly related purpose) for which the personal data was collected, provide such data to the following categories of parties:
- ① Service Providers. to a third party which provide, without limitation, administrative, telecommunications, technology, payment, securities clearing, custodian, audit, banking, financing, insurance, management, outsourcing, or other services to AAML in connection with the operation of AAML business or Services;
- ② Business Partners. to AAML’s business partners with whom AAML jointly offer it’s products or Services;
- ③ to AAML’s affiliates and associated companies;
- ④ Government authorities or investigative bodies. to legal, regulatory, governmental, tax, enforcement, administrative or statutory authority, stock exchange or clearing house or other self-regulatory or industry bodies or associations if we, in good faith, believe doing so is required or appropriate to comply with any law enforcement, security request, legal process (such as a court order); or to assist with an investigation or prosecution of suspected or actual illegal activity;
- ⑤ Merger, liquidation, transition of service etc. to external party when AAML is involved in a merger, acquisition, financing due diligence, reorganization, receivership, or transition of service, in this case, the data or information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
Without prejudice to the generality of the foregoing, AAML may also disclose personal data to third parties if:-
- ① pursuant to AAML’s good faith belief that disclosure is necessary for the establishment of legal claims or refences, to obtain legal advice, to exercise and defend its legal rights;
- ② AAML has reason to believe that disclosure of the personal data is necessary to identify, contact or bring a legal action against someone who may be causing interference with AAML’s rights or properties (or Customer’s rights or properties), whether intentionally or otherwise, or when someone else could be harmed by the activities causing such interference.
In light of the foregoing, your personal data may be transferred to other jurisdictions that offer lesser protection than that provided in Hong Kong. By supplying the personal data to AAML, you understand and consent to such transfer.
5.Direct Marketing
AAML may conduct direct marketing by sending e-newsletters to you via email and/or other means of communication whether now or hereafter known. The intended kinds of personal data to be used and the intended classes of marketing subjects are specified below.
For direct marketing use, AAML intends to:-
- ① use your name and contact details (including email); and
- ② send to you marketing or promotional materials containing news, promotions, offers concerning the Services, investment or financial related products.
You have the right to opt-out from receiving the marketing materials.
If applicable law requires that AAML receives your explicit consent before it sends to you certain types of marketing communications, AAML will only send you those types of communications after receiving your explicit consent.
6.Cookies
AAML uses cookies on the Website to monitor and observe your use of the Website, compile aggregate data about that use, and provide you with more effective Service (which may include customizing parts of our Website based on your preferences and past activities).
“Cookies” are small text files created and stored on your hard drive by your internet browser software, in order to hold relevant information and the webpage you are currently viewing. Most internet browsers have a facility that will allow you to disable cookies altogether – the cookie banner on your browser will tell you how to accept or refuse cookies. While you will still be able to browse our Website with cookies disabled, some functions of our Website may not be available or may not function correctly.
AAML may use email delivery to send emails that you have agreed to receive. Pixel tags and cookies are used in those emails and at our Website to help AAML measure the effectiveness of advertising and how visitors use the Website.
7.Security
Your personal data may be stored in physical locations and/or servers located within or outside Hong Kong and/or shared with third parties with physical locations and/or servers located within or outside Hong Kong. AAML will take reasonable measures to ensure that your personal data is stored and processed securely, regardless of the place or country in which it is stored, and AAML will procure or use it’s reasonable endeavors to ensure that any third parties will do the same.
While AAML takes steps to ensure that your data or information is treated securely, no system is fully or completely secure, and therefore AAML cannot ensure, guarantee or warrant the absolute security of any data or information you provide to it. To the fullest extent permissible by law, AAML does not accept liability for unintentional disclosure. You are strongly encouraged to protect yourself against unauthorized access to your password or log-in details. You are advised to sign out from your account when finished particularly when using a shared computer or device.
If AAML learns of a security system’s breach, AAML will attempt to notify you by sending an email to you pursuant to the most recent information you supplied to it on record.
8.Hyperlinks
The Website may, from time to time, contain links to external sites operated by third-parties. AAML has no control of and is not responsible for these third-party sites or the content thereof. Once you leave the Website, AAML cannot be responsible for the protection and privacy of any information which you provide to these third-party sites. You should exercise caution and peruse the privacy policy for the website you visit.
9.Changes
AAML’s business and Services change from time to time, and as a result this Policy may change also. AAML will indicate the date when the last changes were published. Any revisions will be effective immediately upon being posted on the Website. Where legally required, AAML shall notify you (via email notification) and/or obtain your consent for specific material changes or updates on this Policy. If you do not accept the changes or provide your consent, AAML may not be able to provide its Services to you. AAML recommends you are to visit the Website for updates to this Policy regularly.
10.Retention
AAML only retains the personal data for so long as it is necessary for the fulfilment of the purposes described in this Policy, and as may be required under any legal, statutory, regulatory and accounting requirements.
11.Your privacy rights
By using the Service, making an application or visiting the Website, you acknowledge the collection and use of your personal data by AAML as outlined in this Policy. If you do not agree with the use of your personal data as set out in this Policy, please discontinue using this Website and/or the Services.
Under the PDPO, you have the right:-
- ① to request access to your data;
- ② to request correction of your data;
- ③ to ascertain the policies and practices in relation to the personal data and the kind of personal data held by AAML; and
- ④ to withdraw our consent to the use of your personal data for direct marketing purposes.
AAML is permitted by law to charge a reasonable fee for processing a data access request. AAML may, however, refuse to comply with your data access or correction request under applicable laws, if for instance, AAML is not satisfied with the identity of the data accessor or correction requestor.
12.PRC Addendum
If you are:
- ① an individual located in Mainland China who visits the Website or uses the relevant mobile application(s), or otherwise uses the products and/or Services by phone or any other means from Mainland China; and/or
- ② an individual holding a Mainland China passport and/or resident identity card who uses the products and/or Services by phone or any other means in Hong Kong,
your personal data will be processed by AAML in accordance with the “People’s Republic of China Addendum” in addition to this Policy, as well as the applicable data protection laws and regulations in Mainland China which, for the current purposes, excludes Hong Kong, the Macau Special Administrative Region of the People’s Republic of China and Taiwan.
13.Contact us
If you have any questions concerning the Policy or if you wish to exercise your rights, please contact us at:-
Attn.: Data Protection Officer (marked “Confidential”)
Arta Asset Management Limited
Units 1-2, Level 9
K11 ATELIER King’s Road
728 King’s Road, Quarry Bay
Hong Kong
or by E-mail: compliance@artatechfin.com