This Privacy Notice is provided to you pursuant to the Personal Data (Privacy) Ordinance (Cap.486, Laws of Hong Kong) (the "PDPO") in connection with your dealings with, and provision of personal data or information to, LiquidityTech Limited ("LTP HK") and/or its affiliates (collectively "LTP") from time to time. LTP HK respects personal data privacy and is committed to complying with the requirements of the PDPO, the Securities and Futures Ordinance ("SFO"), the Anti-Money Laundering and Counter-Terrorist Financing Ordinance ("AMLO"), and all applicable SFC regulatory requirements. LTP HK strives to ensure compliance by its staff with the strictest standards of security and confidentiality.
Collection of Information
1. LTP HK may collect personal data about you in connection with various matters such as account opening or continuation, provision of services to you or compliance with any laws, regulations and/or rules issued by regulatory or other authorities. LTP HK may also receive personal data about you from third parties, such as your accountants, lawyers, financial consultants, and/or other service providers.
2. The broad categories of personal data that may be collected includes, but is not limited to, name and address, occupation, contact details, gender, date and country of birth, nationality, identity card, social security or national insurance numbers, country of tax residence, tax reference numbers or passport numbers, health information and details of financial status.
3. A failure to provide the requested personal data, or the provision of inaccurate or incomplete information may result in LTP HK not being able to:
- process your request, application, submission, enquiry, complaint or matter (as the case may be);
- comply with any laws, regulations and/or rules issued by regulatory or other authorities; and/or
- provide you with the services or information requested.
4. Personal data may also be collected from you in the ordinary course of the continuation of your relationship with LTP HK. For example, when you open an account, effect transactions, attend seminar/events, participate in online activities or generally communicate verbally or in writing with LTP HK. Additional personal data may also be collected at LTP HK's website. When you visit LTP's website, a record of your visit is made as a "hit", which may show your Internet Protocol (IP) address and the pages you have visited. Such information may be used for statistical purposes, and for the purposes of maintaining and improving the website. When you browse any website, you should be aware that cookies are used. Cookies are small pieces of software that are issued to your computer or device and that store and sometimes track information about your use of the site. The types of cookies used on LTP's website includes session cookies and persistent cookies. The purpose of using cookies is to help LTP improve website performance and user's experience. The cookies used in connection with LTP's website does not collect or store personally identifiable information. You may refuse to accept cookies on your browser by modifying the settings in your browser or internet security software. However, if you do so, you may not be able to utilise or activate certain functions available on the LTP website.
Purpose and Use
5. The purposes for which personal data may be used will vary depending on the nature of yourrelationship with LTP HK. LTP HK intends to use your personal data (including any third partypersonal data provided by you) for any or all of the following purposes:
a) Onboarding
- to verify your identity and process your application in accordance with all applicable legal and regulatory compliance checks.
b) AML/CFT
- to conduct customer due diligence ("CDD")
- to ongoing monitor transactions and fraud activities
- to screen sanctions and adverse media
- to satisfy AML/CFT requirements under AMLO and SFC Guidelines
c) Relationship management
- to operate your account and provide the necessary services to you;
- to manage your relationship, including communicating with you on products and services offered by LTP HK and its business partners; and
- to handle customer service-related queries and complaints and the general maintenance of your account.
d) Product implementation and execution
- to provide products and services to you and ensuring proper execution;
- to research, design and launch financial, investment services or related products for you;
- to provide financial planning and investment, wealth management and related services and products; and
- to take steps to improve products and services with the use of technology.
e) Marketing
- to engage in prospecting and business development;
- to evaluate whether and how LTP HK may offer products, services and events – including those offered by LTP HK and/ or its business partners;
- to contact you for direct marketing purposes about products and services that will be of interest to you, including those offered by LTP HK and/or its business partners, subject to your right to object; and
- to analyse the results of any marketing activities to measure the effectiveness and relevanceof the campaigns.
f) Compliance and risk management
- to meet on-going regulatory and compliance obligations including the recording and monitoring of communication;
- to apply a risk classification to ongoing business relationships;
- to make disclosures to tax authorities, financial service regulators and other regulatory, judicial and governmental bodies or in proceedings and/or investigations;
- to receive and handle complaints, requests or reports; and
- to reply to any actual or potential proceedings, requests or the inquiries of a public or judicial authority.
g) Other purposes
- to enable a transfer, merger or disposal to a potential buyer, transferee, merger partner or seller and their advisers in connection with an actual or potential transfer, merger or disposal of part or all of LTP HK's business or assets, or any associated rights or interests, or to acquire a business or enter into a merger with it;
- to collect data to ensure the security of the office premises (e.g., maintaining office access logs and CCTV system images);
- to assess and review personnel records for recruitment and human resources management purposes; and
- any other purpose directly related to any of (a) – (f) above.
6. You have the right to object to the use of your personal data for direct marketing purposes as set out above. LTP HK will cease to use your personal data for direct marketing purposes without charge if you so request.
Direct Marketing
7. LTP HK intends to use the personal data collected for direct marketing but may not use the personal data unless your consent (which includes an indication of no objection to the intended use) has been received.
8. LTP HK also intends to provide the personal data collected to all or any of the transferees of a whole or any substantial part of the business of any LTP entity (the "Transferees"), service providers and related third parties (including consultants) (collectively, the "Parties") for use by them in direct marketing. However, the personal data may not be so provided unless your consent (which includes an indication of no objection to the intended provision) has been received.
9. LTP HK would like to use the personal data collected, including but not limited to your name and contact details (such as telephone number, email address and/or correspondence address), or provide the same to all or any of the Parties for the Parties' use, for the following direct marketing purposes through various communication means such as direct-mail, email, telephone, SMS and brochures:
- (a) financial planning and investment, wealth management and related services and products, financial, investment and educational seminars and forums or other financial services and products;
- (b) new product and service launch and other promotional offers.
Retention and Access
10. Different retention periods apply to the various kinds of personal data collected and held by LTP HK. We take all reasonably practicable steps to ensure that personal data will not be kept longer than is necessary for the fulfilment of the purposes (or any directly related purpose) for which the personal data is or is to be used, unless the retention is otherwise permitted or required by law.
Notwithstanding the above, LTP HK will retain records for such longer periods (at least 7 years) as may be required under the Securities and Futures Ordinance ("SFO"), the SFC Code of Conduct, the Anti-Money Laundering and Counter-Terrorist Financing Ordinance ("AMLO"), and other applicable regulatory requirements, including but not limited to, client identity and CDD records, transaction records and client instructions, and communications related to regulated activities.
11. LTP HK may disclose personal data only to the classes of transferees listed below to the extent necessary for the purposes set out in this Notice and strictly to comply with applicable legal, regulatory, supervisory, tax, AML/CFT and compliance obligations, including obligations imposed under the SFO, the Code of Conduct for Persons Licensed by or Registered with the SFC, AMLO, and any applicable rules, codes, circulars or guidelines issued by the SFC or other competent authorities.
Any such disclosure will be made in accordance with Section 120 of the SFO, under which LTP HK is required to preserve confidentiality of client information except where disclosure is:
- "required by law or regulatory authority,"
- "made in compliance with legal/regulatory obligations," or
- "otherwise permitted or required under the SFO or other applicable law."
All third-party recipients (including service providers) are required to be bound by contractual confidentiality obligations, data protection undertakings, and, where appropriate, audit and inspection rights in favour of LTP HK to ensure compliance with LTP HK's regulatory obligations.
- (a) the ultimate holding company of LTP HK, its subsidiaries, associated companies and/or affiliates;
- (b) the service providers of LTP HK including investment managers, transfer/paying agents, custodians, banks, administrative service agents, auditors, lawyers and accountants etc;
- (c) any agent, contractor, subcontractor, consultant, insurer, or third party service provider who provides administrative, research, design, launch, digital or telecommunication, clearing and settlement or other services to LTP HK in connection with the operation of its business;
- (d) the employees, officers, directors of LTP HK;
- (e) any party (including but not limited to, any local or foreign governmental, tax or regulatory authorities, or court of competent jurisdiction) entitled thereto by law or regulation, or in response to a regulatory request;
- (f) affiliated or unaffiliated providers of outsourced or other services, and other external service providers of LTP HK (including but not limited to printing houses, mailing houses, digital or telecommunication companies, information technology companies, data storage and infrastructure companies, cloud providers, data processing companies and storage companies) that LTP HK engages for the purposes set out in the "Purpose and Use" section above; and
- (g) any actual or proposed assignee(s) and/or transferee(s) of LTP HK and/or its rights or obligations with respect to you.
12. LTP HK's policy is to restrict access to personal data strictly on a need-to-know basis, in accordance with:
- "the SFC Code of Conduct"
- "internal information-barrier and confidentiality policies"
- "principle of least privilege"
Only those persons who require access for the performance of their duties and who have received proper training on confidentiality and data protection will be permitted to access such data.
13. Please note that the personal data transferred outside of Hong Kong may be subject a lower level of protection and/or cease to be protected by any relevant banking secrecy, client confidentiality or data protection laws of Hong Kong. Personal data may be transferred outside Hong Kong only where necessary for the purposes specified in this Notice and where LTP HK is satisfied that:
- appropriate contractual, technical and organisational safeguards are in place;
- the overseas recipient is subject to confidentiality obligations and restricted use; and
- the transfer complies with applicable Hong Kong regulatory expectations.
You acknowledge that personal data stored or processed outside Hong Kong may be subject to different data protection standards. However, LTP HK remains responsible for ensuring an equivalent level of protection and maintaining appropriate oversight over its overseas service providers. You further acknowledge that the Securities and Futures Commission ("SFC") and other competent regulators may access such data directly through supervisory inspections, investigations, or regulatory requests, regardless of the jurisdiction where the data is held.
14. Under and in accordance with the terms of the PDPO, you have the right to:
- (a)check whether LTP HK holds personal data about you and to access such personal data;
- (b) require LTP HK to correct any data relating to you which is inaccurate;
- (c) ascertain the LTP HK's policies and practices in relation to personal data and to be informed of the kinds of personal data held by LTP HK; and
- (d) object to the use of your personal data for direct marketing purposes and LTP HK shall not use your personal data for direct marketing purposes after you communicate your objection to LTP HK.
15. In accordance with the terms of the PDPO, LTP HK has the right to charge a reasonable fee for the processing of any personal data access request.
16. Requests for access, correction, complaints, or other queries relating to your personal data should be addressed to:
LiquidityTech Limited
Suite 2808, 28/F, 8 Connaught Place, Two Exchange Square, Central, Hong Kong
Attn: Data Protection Officer
17. Nothing in this Privacy Notice limits your rights under the PDPO or LTP HK's obligations under the SFO, AMLO, any applicable SFC requirement, or any other applicable law.