And Notice to Customers Relating to the Personal Data
(Privacy) Ordinance – Cap. 486 (the 'Ordinance')
Asia First Financial Intelligence Limited ("Asia First") in accordance with the Personal Data (Privacy) Ordinance of the Hong Kong Special Administrative Region ('the Ordinance'). This Statement is intended to notify you why personal data is collected, how it will be used and to whom data access requests are to be addressed.
Asia Financial Intelligence Limited and its affiliates ("Asia First") provide website, and associated products and services ("Website") to you when you visit asia-first.com. References in this Policy to a "user" means any person that accesses the Website or any part of the Website or who uses the services and the products offered by the Website.
Note that Asia First and therefore by extension the Website are subject to the applicable provisions of the Ordinance.
Asia First has created a Website that is intended to be "pulled-based" rather than "pushed-based". That is, the Website enables users to browse the site for new products, updates and information and in general we do not email the user on a frequent or persistent basis for marketing purposes.
There are some forms of electronic communication that we will send to users such as those that are registration and account management related or concerning purchases or subscriptions held by the user, or on which they have asked for further information. In particular with the use of the account management interface and the Corporate Administration Platform, we will minimize this flow of emails as best we can.
There will also be some publications that the user can choose to receive from Asia First such as periodic updates on the latest free research added to the Website or on interactive events planned for the site. It is important to Asia First that we get this balance right and we depend upon users to tell us if we don't.
When a user is on the Website, Asia First endeavours to customize the experience for that user – ensuring as far as possible that the user sees content that is relevant to them, their work and their interests. So we collect data from the user also for this purpose. The following Policies describe in more detail the collection, retention and use of data relating to the user.
Collection of Personal Data
Asia First will collect use data in three main ways:
- Information the user provides.
For access to much of the Website a user must register and confirm that they are a financial professional. As a part of this process the user will provide personal and professional data, including employment related data and identification data.
The user can choose not to provide or update some of this data but if they refuse they may not be registered and an account may not be opened or Asia First may be unable to continue to provide access to the Website or services or maintain the users account, which may be closed.
Additionally the user will be asked to provide data concerning their interests to enable Asia First to better manage the presentation of the Website to them and to meet their needs or interests. Finally where the user is acting as an employee then Asia First asks for some employment related data to ensure that it can tie-back the user to their company – if that company uses the Corporate Administration Platform.
- Information we get from the users activities on the Website.
Note that some cookies allow a user to navigate the Website and use essential features like secure areas and online registration. These cookies don't gather any information about the user that could be used for marketing or remembering where the user has been on the internet. Since these cookies are essential in Asia First being able to guarantee the performance of the Website, should a user disable them Asia First will not be able to ensure a user's security or predict how the Website will perform during a user's visit.
- Information we get from third parties.
Asia First may obtain and use personal information that has been compiled by third parties such as publishers and other providers of products, marketing and similar agencies and credit reference agencies and similar.
Asia First will collect employment or engagement related data from the user. Where the employing or engaging organisation of the user (the "Corporate") designates that the user is authorised to approve or conduct transactions to purchase or subscribe to Products on the Corporate's behalf, or the user otherwise purports to purchase products on behalf of the Corporate, then Asia First will share with the Corporate the following types of information: (i) registered details of the user including position/ role, and location in the Corporate's organisation or their relationship with the Corporate; (ii) the products held or purchased or subscribed for by the user; (iii) payment records; (iv) terms of the Product purchase the number purchased or subscribed for, price paid, discounts and any renewal dates; (v) password and usernames for electronic media products; and (vi) useage data relating to the product where available.
The user agrees that Asia First may pass such data to the Corporate and acknowledges and agrees that Asia First shall have no responsibility for the use of that data by the Corporate or the officers, employees or contractors of the Corporate designated or approved to access such information. The user also acknowledges that such data will be shared with the Corporate on an ongoing basis and that it is the responsibility of the user to inform Asia First when they cease to be employed or engaged by the Corporate and until they do so they acknowledge that data will continue to be shared with the Corporate, at the user's risk. Access to transactions conducted by a user for the Corporate will no longer be available to the user when they cease to be employed or engaged by that Corporate.
If a user enters into a transaction on the Website and identifies that it is personal, such data will not be shared with the Corporate.
Use of personal data and aggregated data by Asia First
Asia First uses the information it collects from the Website and associated services to provide, maintain, protect and improve the Website and services, to develop new services, and to protect Asia First and its users and Product providers. We also use this information to offer users tailored content – like giving more relevant search results and showing relevant products and services. User data will be used by Asia First to design new services or improve existing ones and to improve navigation and use-ability of the Website. The information will be used within the Website for marketing and advertising purposes including the display of contextual and behaviorally driven advertising.
Information relating to payments and transaction or supplied by credit reference agencies may be used by Asia First in the daily operation of a user's account and providing, where applicable, payment against invoice or credit to the user and otherwise ensuring the continuing credit worthiness of users, where necessary and appropriate.
Asia First may use the name or email address a user provides for their profile across all of the services on the Website that require a registered account.
When you contact Asia First, a record may be kept of your communication to help solve any issues a user might be facing. Asia First may use the email address of the user to inform them about Asia First's services, such as letting a user know about upcoming changes or improvements.
Asia First may use information collected from cookies and other technologies, like pixel tags, spotlight tags and web beacons, to improve the user's experience and the overall quality of the Website. For example, by saving a location, the Website can show events that are specific to the user's location.
Asia First may combine personal information from one area of the Website or one service with information, including personal information, from other areas of the Website or services
We will ask for your consent before using information for a purpose other than those that are set out in this Policy.
Asia First may aggregate a user's personal data including data on user activities on the Website with similar data from other users for the purpose of analyzing Website use-age and developing the Website and providing more effective targeting of Products. That aggregate data may be shared with or sold to third parties but in such circumstances an individual user will not be identifiable from the aggregate data and no link would be provided to any third party receiving the aggregate data that would enable them to identify or contact the user.
Sharing of Personal Data with others
Asia First is not in the business of selling the personal data of its users. Asia First only shares personal data for the following purposes.
When a user purchases or subscribes to a Product, Asia First will pass to the Product provider details relating to the user for the purposes of account opening with the provider or the fulfillment of the purchase order. For e-media Products the provider will also require personal details, profile information, email data and possibly IP addresses used by the user. Asia First only passes on the minimum of personal data required by the Product provider.
Asia First may employ or engage third party's to process or manage data or perform administration functions for the Website and in doing so may provide to such service providers personal data belonging to users. In engaging these service providers Asia First will strictly limit the purposes for which they can use the data to those related only to their process, data management or administration functions.
Asia First may also work with third parties to research certain usage and activities on parts of the Website on our behalf. Those third parties use technologies such as spotlight monitoring, web beacons and "cookies" etc to conduct this research. The information collected through technologies such as cookies, spotlight tags and web beacons etc are used to find out more about our users, including user demographics and behaviour and usage patterns, for more accurate reporting and to improve the effectiveness of our Website, marketing. Information recorded through the use of these devices are aggregated and then shared with us. No personally identifiable information about you is collected or shared by those third parties with Asia First as a result of this research.
Asia First may process personal information on servers in many countries around the world. Asia First may therefore process a user's personal information on a server located outside the country where they live and pass data to service providers in such countries.
In due course if Asia First was acquired in whole or in part personal data may be transferred to the acquirer under the terms of such purpose but this would not change the nature of data collected and the purposes for which it can be used.
Asia First will release account and other personal information of a user when it is appropriate to comply with the law; enforce or apply out Terms; or protect the rights, property, or safety of Asia First, Website users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set out in these Privacy Policies.
Finally, from time to time Asia First may additionally ask for your consent to share data.
There may be cases on the Website when Asia First provides hyperlinks to other locations or websites on the Internet. These links are likely to relate to third party publishers, event providers, training providers, research houses, market research and data providers, providers of free research, and news providers. In these cases the links provide more data about the Products or other financial intelligence or they may relate to other products promoted by advertisers on the Website. These hyperlinks lead to websites published or operated by third parties who are not affiliated with or in any way related to Asia First. They have been included in the Website to enhance user experience and are presented for information purposes only.
By providing hyperlinks to an external website or webpage, Asia First shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the services/ products they provide on their websites.
Asia First is not in any way responsible for the content of any externally linked website or webpage. Users follow these links at their own risk.
Any links to Websites that contain downloadable software are provided for your convenience only. Asia First is not responsible for any difficulties you may encounter in downloading the software or for any consequences from your doing so. Please remember that the use of any software downloaded from the Internet may be governed by a licence agreement and a user's failure to observe the terms of such licence agreement may result in an infringement of intellectual property rights of the relevant software provider for which Asia First is not in any way responsible.
Accuracy of Personal data
Where practicable, Asia First will validate data provided by a user using generally accepted practices and guidelines. This includes the use of check sum verification on some numeric fields such as account numbers or credit card numbers. In some instances, the data provided will be validated against pre- existing data held by Asia First.
The main way that Asia First ensures the accuracy of personal data is by making that data available to the user each time that they access the Website so that they can view and change any personal data which is or has become inaccurate. However, there may be some items of personal data that are not automatically available when a user views their account or which might relate to an unregistered user. In such circumstances the user will have the following additional rights.
Under the terms of the Ordinance, users individually have the right to:
(a) Ascertain whether Asia First holds any personal data relating to them and, if so, obtain copies of such data ("right of access");
(b) Require Asia First to correct personal data in its possession which is inaccurate for the purpose for which it is being used by means of a data access request ("right of correction"); and
(c) Ascertain Asia First 's policies and practices in relation to personal data, which are those that are set out in this Policy.
An individual may exercise his or her right of access by:
(i) Completing a "Data Access Request Form" as prescribed by the Privacy Commissioner for Personal Data or;
(ii) Sending the completed form, along with appropriate proof of identity (a copy of the applicant's Hong Kong Identity Card or Passport) and the prescribed fee to the Asia First Privacy Officer at the address listed below.
The Privacy Officer, Asia First, 15F, The Nexxus Building, 41 Connaught Road, Central, Hong Kong;
Asia First will, upon satisfying itself of the authenticity and validity of the access request, make every endeavour to comply with and respond to the request within the period set by the Ordinance (i. e. within 40 days after receiving the request).
An individual may exercise their right of correction by writing to the Asia First's Privacy Compliance Officer at the address listed below, specifying the data obtained through the Data Access Request mentioned above which needs to be corrected.
Satisfactory proof and/or explanation of the inaccuracy is essential before Asia First would consider correcting the specified data.
Upon satisfying itself of the authenticity and validity of the correction request, Asia First will comply with and respond to the request as required by the Ordinance.
In accordance with the terms of the Ordinance, Asia First has the right to charge a reasonable fee for the processing of any data access request.
Asia First may have obtained a credit report on a user from a credit reference agency. In the event the user wishes to access the credit report, Asia First will advise the contact details of the relevant credit reference agency.
Nothing in this Notice shall limit the rights of customers under the Personal Data (Privacy) Ordinance.
Retention and Security of Personal data
Asia First will destroy any personal data it may hold in accordance with its internal policy. Generally speaking, Asia First's policies cover the following principles:
(a) Personal data will only be retained for as long as is necessary to fulfil the original or directly related purpose for which it was collected, unless the personal data is also retained to satisfy any applicable statutory or contractual obligations; and
(b) Personal data are purged from Asia First's electronic, manual, and other filing systems in accordance with the above criteria and Asia First's internal procedures.
Unless to ensure compliance with the Terms or law or regulation, if a user asks Asia First to destroy the personal data that it holds in relation to them, then Asia First will do so.
Physical records containing personal data are securely stored in locked areas and/or containers when not in use.
Computer data are stored on computer systems and storage media to which access is strictly controlled and/or are located within restricted areas.
Access to records and data without appropriate management authorization is strictly prohibited. Authorizations are granted only on a "need to know" basis that is commensurate with an individual's responsibilities and their training.
Where the Asia First holds, uses and/or transmits the users' personal data it will be adequately protected from accidental and/or unauthorized disclosure, change and/or destruction.
Security of data transfers
Please note that data transported over an open network, such as the Internet or e-mail, may be accessible to anybody. Asia First cannot guarantee the confidentiality of any communication or material transmitted via such open networks. When disclosing any personal information via an open network, users should remain mindful of the fact that it is potentially accessible to others, and consequently, can be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. A third party may therefore be able to trace an existing account or relationship or one that is subsequently created. Even if both the sender and recipient are located in the same country data may also be transmitted via such networks to other countries regularly and without controls, including to countries that do not afford the same level of data protection as your country of domicile.
For certain services, Asia First uses strong encryption to transfer user data. In these cases users will be told separately about the treatment of this data and about the details of encryption.
Your data may be lost during transmission or may be accessed by unauthorized parties. We do not accept any liability for direct or indirect losses as regards the security of your data during its transfer via Internet. Please use other means of communication if you think this is necessary or prudent for security reasons.
Transfer of Personal Data outside Hong Kong
At times it may be necessary and/or prudent for Asia First to transfer certain personal data to places outside of the Hong Kong SAR in order to carry out the purposes, or directly related purposes, for which the personal data were collected. This can include providing administration, client servicing, transaction processing, data analysis, and strategy planning and management.
Where such a transfer is performed, it will be done in compliance with the requirements of the Ordinance. In any event Asia First will remain responsible for the security and use of such data.
In accordance with the requirements of the Ordinance, Asia First will honour a user's request not to use their personal data for the purposes of direct marketing. Should a user wish not to receive direct marketing material from Asia First, they must write to Asia First's Privacy Compliance Officer at the address listed below. The user may be requested to provide sufficient of their details to enable Asia First to identify their account, for the purposes of complying the request.
You may opt-out of cookies (and the use of the Website) at any time, by deleting the cookies that were set by the site. This can be done via the settings of your internet browser, and deleting all cookies.
Issued by Asia First Financial Intelligence Limited, a company incorporated in Hong Kong whose address is 15/F, the Nexxus Building, 41 Connaught Road, Central, Hong Kong.