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Privacy Policy

Last updated: 31-03-2021

This privacy policy (the Privacy Policy) was last updated on the date above and shall be updated from time to time. Any changes to this Privacy Policy will become effective upon posting of the revised policy hereunder. The Data User recommends that you shall review this Privacy Policy regularly to ascertain the Data User’s latest policies and practices in relation to the Personal Data. 

This Privacy Policy is intended to inform you about the Data User’s policies and practices in treating Personal Data and Non-personal Information. You understand and acknowledge to be bound by this Privacy Policy by using this Website and the Services or by otherwise giving the Data User any of your Personal Data. If you do not agree with any part of this Privacy Policy, then the Data User cannot provide this Website and the Services to you, and you should stop accessing the same.

  1. DEFINITIONS

    Capitalised terms shall be as defined in the terms and conditions of this Website unless otherwise herein defined:

    Data User means Fulcrum Global (Hong Kong) Limited, the company responsible for the collection, holding, processing and/or use of Personal Data;

    GDPR is as defined in clause 10.2 of this Privacy Policy

    PDPO means the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of the Hong Kong Special Administrative Region, as amended from time to time;

    Personal Data means personal data collected from you by the Data User or otherwise held, processed and used by the Data User which (i) relates directly or indirectly to you, (ii) can be used to ascertain the identity of you as individuals and (iii) is in a form which access to and/or processing of such data is practicable, including but not limited to, [names, phone number, home address, email addresses, age, gender, passport or other identification document details, credit card, information or account details in third-party social media sites, including Facebook, WeChat, Weixin, Weibo and Google, Mailchimp other registration, account or profile information, any other such personal description provided during registration of the Account, device information and identifier, information collected by cookies as set out in clause 9 of this Privacy Policy] and any information provided by or in relation to you pursuant to this Privacy Policy; and

    Non-personal Information means any such Personal Data which the Data User makes the identity of the individual not directly or indirectly ascertainable, either by combining it with information about other individuals (aggregating its users’ information), or by removing characteristics (such as its users’ names) that make the information personally identifiable to such user (hence de-personalizing the information).

    Website means the website owned and/or operated by Fulcrum Global (Hong Kong) Limited.

  2. COLLECTION, HOLDING, PROCESSING AND/OR USE OF THE PERSONAL DATA BY THE DATA USER

    The Data User will request you to voluntarily provide it with Personal Data for purposes set out in clause 3.2 of this Privacy Policy.

  3. PURPOSE OF COLLECTION, HOLDING, PROCESSING AND/OR USING THE PERSONAL DATA BY THE DATA USER 
    1. The Data User will seek your (or your relevant persons as defined under the PDPO) express consents to changes in how it uses and/or discloses your Personal Data if requested by law, but otherwise use of this Website and/or the Services following such changes constitutes your acceptances of the revised statement then in effect. 
    2. The Data User limits the collection (which shall be adequate and not excessive), holding, processing and use of the Personal Data to the following specific and lawful purposes only: 
      1. [to enable and provide you with access and use of this Website and/or the Services; 
      2. to communicate with you, including but not limited to, for provision of technical, administrative, operational and account information regarding this Website and/or the Services, and handling of your requests and complaints;
      3. to contact you to conduct surveys and customer reviews about your experiences with this Website and/or the Services;
      4. to operate, protect, improve and optimize this Website and/or the Services and to improve and customize your experiences when using the same, including but not limited to the collection of Personal Data by cookies as set out in clause 9 of this Privacy Policy;
      5. to offer tailored content to you in accordance with their interests or other indications; 
      6. to administer the business of the Data User and conduct research and development for new products, features, services and applications in relation to the Services; 
      7. where applicable and subject to compliance of the PDPO, to provide you with marketing and promotional materials for their enjoyment of benefits of the Services;
      8. only when you have provided the consents required under the PDPO, to send you personal newsletters, marketing and promotional messages and other information (either alone or in conjunction with products, features, services and/or applications offered by the Data User’s Affiliates or business partners) that may be of interest to you in accordance with clause 7; 
      9. to enforce the Data User’s legal and/or contractual obligations and rights, and to resolve disputes between the Data User, you and third parties;
      10. to derive, create or otherwise transfer the same into Non-personal Information for the purpose of creating general data statistics;
      11. for the Data User’s internal business and administrative purposes; 
      12. for the Data User’s compliance of relevant laws and regulations; and
      13. other purposes directly relating to any of the above. ]
    3. For the avoidance of doubt, the Data User is entitled to collect, hold, process and use the Non-personal Information for any lawful purpose which shall be relating to the function and activity of the Data User, including but not limited to researching and analyzing to improve the Data User’s services and businesses. 
  4. DATA ACCESS AND CORRECTION REQUEST 
    1. In accordance with the terms of the PDPO, you (or your relevant persons (as defined under the PDPO) on behalf of them) have the right to:
      1. request access to the Personal Data, including being informed by the Data User whether it holds their Personal Data and, if the Data User holds their Personal Data, receiving copies of such Persona Data; and 
      2. request the Data User to correct their Personal Data which is inaccurate.
    2. In order to protect the Personal Data, the Data User will require you (or your relevant persons (as defined under the PDPO) on behalf of them) to prove their identities in relation to their requests to access and/or correct their Personal Data. Requests for access and/or correction of Personal Data are to be addressed in writing and sent to info@fulcrum-global.com or by post to Room 1501, Leighton Centre, 77 Leighton Road, Causeway Bay, HK to Data Privacy Officer. A reasonable fee shall be charged to offset the Data User’s administrative and actual costs incurred in complying with the relevant data access requests.Where there are reasonable grounds for believing that any Personal Data is inaccurate having regard to the purpose(s) for which the Personal Data is or is to be used, the Data User shall (i) ensure that such Personal Data shall not be used for such purpose(s) unless and until those grounds cease to be applicable to such Personal Data or the Personal Data shall be erased; and (ii) inform any third party to whom such Personal Data was disclosed that such Personal Data is inaccurate and shall provide to them such particulars as will enable such third parties to correct the Personal Data having regard to such purpose.
  5. RENTENTION OF PERSONAL DATA BY THE DATA USER
    1. Where any Personal Data held by the Data User is no longer required for the purposes as stated under clause 3.2 of this Privacy Policy, the Data User shall take practicable steps to cease processing and holding such Personal Data as soon as reasonably practicable, provided that the Data User may keep copies of such Personal Data as is reasonably required and permitted under the PDPO (i) for archival purposes; (ii) for use in relation to any actual or potential dispute; (iii) for compliance with applicable laws and regulations; (iv) for enforcing any agreement the Data User has with you; and (v) for protecting the Data User’s and its employees’ rights, property or safety.
    2. The Data User provides you with the ability to request removal of their Personal Data from its storage. You may lodge such request in writing by sending an email to to info@fulcrum-global.com or by post to Room 1501, Leighton Centre, 77 Leighton Road, Causeway Bay, HK to Data Privacy Officer. For the avoidance of doubt, the Data User is entitled to retain, process and use, for indefinite term and any purpose, any Non-personal Information.
  6. DISCLOSURE AND TRANSFERRAL OF PERSONAL DATA
    1. The Data User may make certain Personal Data available to its Affiliates for the purposes as stated in clause 3.2 of this Privacy Policy, who may be situated within or outside Hong Kong and all of whom are bound by this Privacy Policy.
    2. The Data User may make certain Personal Data available to the third parties as stated below, who may be situated within or outside Hong Kong: (i) data storage service providers, for the sole purpose of storing data which the Data User collected from time to time; (ii) strategic business partners, including but not limited to (a) mail houses and email service providers, for the sole purpose of mailing and dissemination of its promotional materials; and (b) hosting and database management service providers, including but not limited to IPFS; and (iii) suppliers of the Services and other third parties appointed by the Data User to perform the Services , all of whom are contractually (x) prohibited from using the Personal Data for any purpose other than those purposes specified in their respective contracts and keeping Personal Data longer than is necessary for the fulfillment of such purpose(s) specified in their respective contracts; and (y) required to prevent unauthorized or accidental access, processing, erasure, loss, use or disclosure of the Personal Data.
    3. In the circumstances where the Data User reorganizes its group structure or undergoes a change of control or business combination, you may, at the Data User’s sole discretion, be transferred to a third party who will continue to operate the Data User or a similar service under either this Privacy Policy or a different privacy policy statement which will be notified to you. Such a third party may be located, and use of your Personal Data may be made, outside of Hong Kong in connection with such acquisition or reorganization.
    4. By accepting this Privacy Policy, you understand and acknowledge that your Personal Data may be disclosed or transferred to Affiliates and/or any such third party (and their respective employees and representatives) under clause 6 of this Privacy Policy.
  7. DIRECT MARKETING AND OPTING OUT
    1. [The Data User intends to use your Personal Data for direct marketing. Only when you have provided the consents required under the PDPO, may the Data User use your Personal Data to contact you and provide information about properties and [such other goods and/or services] (either alone or in conjunction with products, features, services and/or applications offered by the Data User’s Affiliates or business partners) that may be of interest to you.]
    2. The Data User provides you with the ability to unsubscribe from all direct marketing communications from the Data User/ request the Data User to cease to provide Personal Data to third parties for use by such third parties in direct marketing. Every time you receive a direct marketing email, you will be provided with the choice to opt-out of future direct marketing emails. You may also opt-out of receiving personal promotional materials / request the Data User to cease providing Personal Data to third parties for use by such third parties in direct marketing by sending an email to info@fulcrum-global.com or by post to Room 1501, Leighton Centre, 77 Leighton Road, Causeway Bay, HK to Data Privacy Officer at any time, without charge by the Data User.   
  8. THIRD-PARTY SOCIAL MEDIA SITES’ PRIVACY POLICIES

    Since this Website and the Services may collect your information from third-party social media sites and support products and features offered by such third-party social media sites, the privacy policies and practices and cookies policies (as applicable), as may be amended from time to time, of such third-party social media sites are incorporated to this Privacy Policy by reference (as applicable).

  9. COOKIES
    1. You understand and acknowledge that when you visit this Website and use the Services, the Data User may use cookie files to collect information about you. When you use the Services, you understand and acknowledge that any information collected by means of cookies when using the Services about you would be Personal Data. The Data User may use such information for compiling aggregate statistics on how you use the Services. Such statistics are collected for managing, enhancing and improving the your experiences when using the Services. The strategic business partners of the Data User may also use such information for compiling information in order to analyze the interests and searches of you to provide advertisements tailored to their interests and searches when accessing this Website and the Services.
    2. Most web browsers are initially set up to “accept” cookies. You may choose to “not accept” cookies by changing the settings of their web browsers. By choosing to “not accept” cookies, [certain features] in the Services may not be accessible and available to you, and some of their preferences, including but not limited to their preferred currency, languages, and searches, may not be remembered by the Site.
  10. CROSS-BORDER DATA TRANSFER
    1. Where applicable, you understand and acknowledge that their Personal Data may be transferred to, processed, and stored in Hong Kong , UK, Thailand, Mainland China, Singapore. Data protection laws in Hong Kong or UK, Thailand, Mainland China, Singapore may be different from those in your country of residence. Where applicable, you consent to the transfer, process and storage of their information, including Personal Data, to/in Hong Kong, UK, Thailand, Mainland China, Singapore as set forth in this Privacy Policy by using the Services.
    2. You understand and acknowledge that it is contemplated that the collection of Personal Data shall not fall within the regulation of the General Data Protection Regulation (EU) 2016/679 (GDPR). If it is held by any tribunal or court of competent jurisdiction that: (i) the collection of Personal Data falls within the GDPR; and (ii) the transfer of Personal Data is to countries not deemed to provide an adequate level of personal data protection under the GDPR, you understand and acknowledge that the Data User shall transfer the Personal Data based on a data transfer mechanism recognized by the European Commission as providing adequate protection for Personal Data.
  11. STATEMENTS OF POLICIES IN RELATION TO PROTECTION OF PRIVACY INTEREST 
    1. The Data User will collect, hold, process and use Personal Data that you make available when assessing or using this Website and the Services. It will take appropriate steps to protect Personal Data collected and/or held by it against unauthorized or accidental access, processing, erasure, loss, use or disclosure.
    2. The Data User is committed to protecting the privacy, confidentiality and security of the Personal Data it holds by complying with the requirements of the PDPO with respect to the management of Personal Data. The Data User is equally committed to ensuring that all its employees and agents uphold these obligations and it will ensure compliance by its staff with the strictest standards of security and confidentiality.
  12. LEGAL DISCLAIMER
    1. The Data User may need to disclose Personal Data when required by the relevant law or court order, or as requested by other government or law enforcement authorities. This also applies when it has reasons to believe that disclosing the Personal Data is necessary to identify, investigate, protect, contact or bring legal action against someone who may be causing interference with you or to others, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
    2. You understand and acknowledge that this Privacy Policy does not apply to any unsolicited information you provide to the Data User through the Services or through any other means. All unsolicited information shall be deemed to be non-confidential and the Data User shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution.
    3. You understand and acknowledge that contents provided by you are transmitted to others at their own risk. Although the Data User limits access to certain pages, you acknowledge that no security measures are perfect or impenetrable. You understand and acknowledge that you should take care when using social networking features of the Services since the information you choose to make available can be seen by other users of the third-party social media sites. Additionally, you understand and acknowledge that the Data User cannot control the actions of other users with whom you may choose to share their information (which may include their Personal Data). Therefore, you understand and acknowledge that the Data User cannot and do not guarantee that contents provided by you will not be reviewed by unauthorized persons.
    4. This Website and the Services of the Data User and the Services may contain links to other websites or applications. You understand and acknowledge that the fact that the Website of the Data User and the Services link to a website, application or advertisement does not mean that the Data User endorses or authorizes the collection of personal data from you by such third parties, nor does it constitute a representation of any affiliation between the Data User and such third parties. You understand and acknowledge that, once you click on a link to third-party websites, applications or advertisements, you will access third-party websites, applications and advertisements which may collect information from you. You understand and acknowledge that such third-party websites, applications and advertisements follow different rules regarding the collection, use, processing or disclosure of the personal data you submit to them. Hence, you understand and acknowledge that the Data User shall not be responsible for the content and activities of these linked websites, applications and advertisements (including any collection, use, holding, processing or disclosure of your personal data by such third parties).