AVENUE FINANCIAL GROUP LIMITED

PRIVACY POLICY

We, Avenue Financial Group Limited (the “Company”), and our affiliates (collectively referred to as “Avenue”, “we” and related phrases “us” and “our” should be understood accordingly), are committed to protecting and respecting to your privacy.

 

You (referred to as “you”, capitalized or otherwise, or the “Individual” herein) can contact the Company at: info@avenue.limited for any questions related to the Policy.

 

The Policy sets out the basis on which any Personal Information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.

 

We shall ensure that the Individual’s Personal Information is collected, processed and maintained in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong (“PDPO”) and the associated regulations and guidelines as may from time to time be issued by the Privacy Commissioner for Personal Data, Hong Kong. The Individual must read the Policy carefully to understand our views and practices regarding the Individual’s Personal Information and how we will treat it. To the extent any applicable data protection and privacy laws and regulations of a jurisdiction apply to the Individual, the requirements of which are not reflected in the Policy, we shall also comply with those laws and regulations.

 

We maintain strict security standards, policies and procedures for the prevention of unauthorised access to any Personal Information that we collect from the Individual and requires all of our staff and any third parties we share the Individual’s Personal Information with in connection to the Services we provide to the Individual, to observe, and to comply with, the Policy and the applicable laws and regulations.

 

Definitions:

 

“Agreements” means the agreements and related documents required from the Individual in case the Individual opts for the Services offered by us.

 

“Consent’’ means express and voluntary consent (but does not include any consent which has been withdrawn by notice in writing served on the person to whom the consent has been given (but without prejudice to so much of that act that has been done pursuant to the consent at any time before the notice is so served)). In relation to a use of Personal Information in direct marketing, “Consent” includes an indication of no objection to the use or provision.

 

“Personal Information” 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.

 

“Services” means the securities transaction execution, investment advisory and/or investment management services, or any other services provided by Avenue.

 

“Website” means www.avenue.limited or such website owned and operated by the Company or any of its affiliates made available to the Individual by us, but does not include any website owned or operated by a third party that may be accessed from any page on www.avenue.limited.

 

1. Information collection

 

 

1.1 We shall occasionally collect personal data from you and such data will be processed for the specific purpose given at the time or for any purpose provided for in this Policy. Such purposes may include fulfillment of your specific requests, the processing of your complaints and your enquiries to us through, for example, the use of the chatbot on the Website. The provision of personal data or any information is voluntary. We might be unable to process your request if you do not provide us with complete information. We may collect and process the following data about you:

 

(a)       information that you provide to us including through the Website such as the chatbot, other electronic means or sent to us physically;

 

(b)       we may also ask you for information at other times, for example, for the provision or continuance of providing the Services to you, or when we receive an enquiry or complaint from you;

 

(c)       if you contact us, we may keep a record of the related correspondence;

 

(d)       information about you from publicly available resources (e.g. from databases we use to carry out compliance checks);

 

 

(e)       details of your visits to the Website and the resources that you access;

 

(f) information about your preferences, where it is relevant to the Services; and

 

(g)       documents provided to us through the Website, physically or by any other means.

 

1.2 In addition to the Personal Information that we collect directly from you, we may also collect certain of your Personal Information from third party sources, some of which may not be publicly available, including from (but not limited to) credit reporting agencies, analytics providers, advertisers, data brokers, identity verification and compliance service providers.

 

2. Uses made of personal information

 

2.1 By accessing the Website, you grant us a right to collect, use, copy, transmit, store and back-up your Personal Information that you have provided for the provision of the Services to you and/or for any other purpose(s) as contemplated by the Policy and the Agreement(s).

 

2.2 The purposes for which your Personal Information may be used by Avenue within or outside Hong Kong include:

(a)       providing you with the Services or other things you may have requested or instructed Avenue to do;

 

(b)       taking steps to prepare, or to enter into, a contract to be entered into between you and Avenue;

 

(c)       carrying out its obligations arising from any contracts entered into between you and Avenue;

 

(d)       complying with our internal policies and standards and the laws and regulations applicable to us or any of our affiliates in or outside Hong Kong;

 

(e)       ensuring that you or another natural person’s (where you are incapable of giving Consent) vital interests are protected;

 

(f) performance of a task carried out in the public interest;

 

(g)       for our legitimate interest;

 

(h)       legal proceedings, including collecting overdue amounts and seeking professional advice;

 

(i) improving and furthering the Services;

 

(j) ensuring that the content(s) of the Website are presented in the most effective manner for you and for your computers and other devices;

 

(k)       promoting and marketing the Services and products subject to your Consent;

 

(l) to communicate with the Individual through the channels the Individual has approved to keep the Individual up-to-date on the Services and/or other developments and/or announcements;

 

(m) in the good faith belief that such action is necessary for Avenue:

 

(i) to comply with a legal obligation;

 

(ii) to protect and defend the rights or property of Avenue;

 

(iii) to prevent or investigate possible wrongdoing in connection with the Services;

 

(iv) to protect the personal safety of users of the Services or the public; or

 

(v) to protect against legal liability;

 

(vi) other purpose(s) that Avenue has obtained your Consent for; or

 

(n)       purposes directly related or incidental to any of the above or any other purpose for which your Personal Information was provided to Avenue.

 

2.3 Such Personal Information will be used to facilitate communication, and processing of internal administrative and record keeping. Unless as otherwise specified in the Policy, we will keep the Personal Information it holds confidential but may provide Personal Information to third parties for purposes described in the Policy. As a result, your Personal Information may be transferred to locations inside or outside Hong Kong. When making such transfers, we will ensure that they are subject to appropriate safeguards in accordance with applicable data protection legislation. Such third parties may include:

 

(a)       personnel, employees, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with any of our operations or provision of the Services to you;

 

(b)       our affiliates, business partners and counterparts, overseas or otherwise (if any);

 

(c)       persons under a duty of confidentiality to us;

 

(d)       persons to whom we are required to make disclosure under applicable laws and regulations in or outside Hong Kong; and

 

(e)       actual or proposed transferees or participants of the Services in or outside Hong Kong.

 

2.4 Unless as otherwise specified in the Policy, for the provision of the Services, we may also transfer your Personal Information to third parties located outside Hong Kong which do not have laws that protect your Personal Information to the extent that the laws in Hong Kong do. In the event that we do, it will, to the best of its abilities, take all appropriate steps that are within its control to ensure adequate safeguards are in place for the protection of your Personal Information. Where no adequate safeguards can be put in place, the transfer of your Personal Information will be kept to the minimum to what is necessary for the provision of the Services.

 

2.5 We shall take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with the Policy and no transfer of your Personal Information will take place to a third party or a country unless there are adequate controls in place including the security of your Personal Information and other personal information.

 

2.6 Where you provide Avenue with other natural persons’ Personal Information (e.g. directors and employees of your related companies), you must ensure that you are entitled to disclose such Personal Information to us so that we can collect, use and disclose such Personal Information in accordance with the Policy without taking any further steps, and that you are satisfied with the contents of the Policy.

 

3. Security

 

3.1 We are committed to the safety and security of your Personal Information and shall ensure a level of security of processing compliant with applicable laws and regulations. We use a secured server to store information. It places your Personal Information in a safe environment and deploy firewalls, SSL and encryption technology for data transmission.

 

3.2 We employ appropriate technical and organizational measures to ensure that your Personal Information is kept confidential and secure and in accordance with our internal policies and procedures and to comply with applicable laws and regulations, to prevent unauthorized access and unlawful processing of your Personal Information and to prevent against accidental loss, destruction of, and/or damage to, your Personal Information.

 

3.3 We may transfer your Personal Information to our overseas affiliates or to any of the third parties, who may be located within or outside Hong Kong.

 

3.4 We subject ourselves to regular checks by third party security evaluation specialists and restricts access to your Personal Information by our staff on a need-to-know basis only. However, we cannot ensure or warrant the security of any Personal Information you transmit to Avenue or guarantee that your Personal Information may not be accessed, disclosed, altered or destroyed by a breach of any of our physical, managerial or technical safeguards.

 

4. Cookies

 

4.1 The Website uses cookies to distinguish the Individual from other users of the Website. This helps us to provide the Individual with a good experience when the Individual browses the Website and also allows us to improve the Website. By continuing to browse the Website, the Individual is agreeing to our use of cookies.

 

4.2 A cookie is a small file of letters and numbers that we store on the Individual’s browser or the hard drive of the Individual’s computer and of the Individual’s other device if the Individual agrees. Cookies contain information that is transferred to the Individual’s computer’s hard drive.

 

4.3 We use the following cookies:

 

(a) Strictly necessary cookies. These are cookies that are required for the operation of the Website. They include, for example, cookies that enable the Individual to log into secure areas of the Website.

 

(b) Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily.

 

(c) Functionality cookies. These are used to recognize the Individual when the Individual returns to the Website. This enables us to personalize its content for the Individual, greet the Individual by name and remember the Individual’s preferences (for example, the Individual’s choice of language or region).

 

(d) Targeting cookies. These record the Individual’s visit to the Website, the pages the Individual has visited and the links the Individual has browsed. The Company will use this information to make the Website and any materials which is relevant to the Individual’s interests.

 

4.4 Third parties (including, for example, providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

 

4.5 We may use the following third party web analytics services on the Website. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Website. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the Website. These analytic services may use the data collected to contextualize and personalize the marketing materials of their own advertising network.

 

(a) Google Analytics

 

(i) Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google’s ability to use and share information collected by Google Analytics is in accordance with its policies:

(http://www.google.com/policies/privacy/partners/)

 

(ii) The Individual can prevent Google’s collection and processing of data by using the Google Ads Settings page or by downloading and installing its browser plug-in: (https://tools.google.com/dlpage/gaoptout).

 

(b) Baidu Analytics

 

(i) Baidu Analytics is a web analysis service provided by Baidu, Inc. (“Baidu”). Baidu’s ability to use and share information collected by Baidu Analytics is in accordance with its policies:

(http://ir.baidu.com/phoenix.zhtml?c=188488&p=privacy)

 

4.6 The Individual can block cookies by activating the setting on his browser that allows the Individual to refuse the setting of all or some cookies. However, if the Individual uses his browser settings to block all cookies (including essential cookies), he may not be able to access all or parts of the Website.

 

 

5. Retention of Personal Information

 

5.1 We shall retain your Personal Information for as long as it is necessary (or where we have relied on your Consent to keep your Personal Information, until you withdraw your Consent for us to do so) and at all times at least for the minimum period set by relevant laws and regulations, including, to the extent applicable, as set out in Cap. 571O Securities and Futures (Keeping of Records) Rules and the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism (For Licensed Corporations) (as amended).

 

5.2 Your Personal Information may be archived for as long as we believe that the purpose for which it was used still exists but will ensure that such Personal Information is always held subject to appropriate security measures. We will delete your Personal Information within a reasonable time once it is no longer necessary for the provision of the Services to you (or for such other purposes of which Consent was given by you).

 

5.3 Where the Individual is being provided any Services, we will delete all Personal Information of the Individual within a reasonable time after the termination of the Services or after cessation of the subject matter to which such Personal Information relates, subject to retention for purposes of complying with applicable laws and regulations, resolving disputes and/or enforcing the terms of its agreement with the Individual.

 

6. Direct Marketing

 

6.1 With your Consent:

 

(a) your Personal Information may be used for direct marketing of the Services and products and services and products related to Avenue’s affiliates; and

 

(b) we may conduct direct marketing via fax, email, direct mail, telephone, and other means of communication.

 

6.2 If you do not Consent to Avenue using your Personal Information for direct marketing, you should opt-out by ticking the appropriate box in the Declaration of the Policy or inform us in writing at the contacts provided below.

 

6.3 If you opt out of Avenue’s use of your Personal Information for direct marketing as described above, we will maintain such Personal Information as strictly confidential and will not sell, lease or distribute the same to any third party (other than certain trusted third party service providers involved in the operations of our business and performing services on our behalf, with restricted access to customer data and information, on a need-to-know basis only, and in compliance with the Policy), unless we are required or requested to do so by applicable laws or by any legal or regulatory authority in the jurisdictions in which it operates.

 

6.4 Avenue will not share or provide your Personal Information to any other persons, or use your Personal Information, for the purposes of third party direct marketing.

 

7. Access and Correction of Personal Information

 

7.1 The Individual has a right to request access to, and to request correction of, any Personal Information concerning him held by Avenue, and has a right to withdraw his consent for use by Avenue of the Individual’s Personal Information in direct marketing at any time. Such requests may be made in writing to us at the contacts provided below. We reserve the right to charge a reasonable fee for processing any data access request(s).

 

8. Limitation of Liability

 

8.1 Nothing in the Policy shall limit the Individual’s rights as a data subject under the PDPO.

 

8.2 The Website may contain links to other websites not operated or controlled by Avenue. The Policy does not extend to such websites. Avenue is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Avenue.

 

9. Changes to the Policy

 

9.1 We may revise the terms of the Policy from time to time which will be uploaded onto the Website. It is your responsibility to periodically review and keep yourself appraised of the latest terms but, if any revision meaningfully affects your rights, we will take reasonable steps to notify you of such changes.

 

10. Governing law and jurisdiction

 

10.1 The Policy shall be governed by the laws of Hong Kong. We and the Individual agree to submit to the exclusive jurisdiction of the Hong Kong courts.

 

11. Contact Details

 

For any and all requests and complaints related to the Policy, the Individual should contact us as directed below.

 

ATTENTION:                        The Compliance Officer

 

ADDRESS:                            Room 3201 Henley Building, 5 Queen’s Road, Central,

Hong Kong

 

EMAIL ADDRESS:               info@avenue.limited