Scope of the Services      

2.1 KINSMEN provides the Users with access to the Platform whereby Users can obtain the following respective services (collectively the Services). You understand and agree that some of the Services and/or Contents are only available to the Users who have registered an Account on the Platform.  

(A) Provision of a consignment opportunities

KINSMEN provides the opportunity for Seller User to consign Products on the Platform subject to the applicable terms and conditions under the Buyer Terms and Conditions.  A consigned product listed on KINSMEN’s website does not and will not indicate Seller User identity, keeping Seller User identity remaining anonymous. By providing the Platform, KINSMEN enables Buyer User to (i) indicate their intention to Purchase a Product at the listed price by clicking the “Buy Now” button on the Platform, (ii) make an Offer by clicking the “Negotiate” button on the Platform and/or make a Request for a Product.  As a Buyer User, you shall read, understand and agree with the Terms available on the page specific to “Buy Now”,“Negotiate” and/or Request before you proceed with the transaction. 

The Buyer User and the Seller User hereby acknowledge and agree that:

• KINSMEN is duly authorized by the Seller User to sell the consigned Product and to collect and refund any price of a consigned Product (or any part thereof) for and on behalf of the Seller User, subject to deduction of any fees payable to KINSMEN;
• a legally binding sales and purchase agreement between the Buyer User and the Seller User is only formed unless and until KINSMEN issues a confirmation of Purchase to the Buyer User;
• a Product could become unavailable during Buyer User’s checkout process prior to the issuance of such confirmation and KINSMEN shall not be held liable in such cases; and
• KINSMEN can be a party to the sale and purchase of any consigned Product.

(B) Provision of informational (and not investment advice) Contents
KINSMEN may from time to time make available Contents on the Platform and upon User’s agreement, provide Contents to the User through newsletters and/or in-app notifications. You understand and agree that all Contents are for general information and reference only. The User hereby acknowledges and agrees that some Contents may contain information from third-party sources or are generated by artificial intelligence, which does not represent KINSMEN’s view or endorsement.   
No recommendation for Purchase: Nothing contained in the Content shall constitute KINSMEN’s representation, warranty and/or guarantee of the quality and the suitability of a Product. KINSMEN does not recommend the User to Purchase any Product.   
No professional or investment advice: Any projections, estimations of market prices and opinions contained in the Content do not constitute any investment advice nor guarantee any profit. You further understand and agree that you shall not rely on or otherwise treat any Contents available on the Platform (including but not limited to those contained in the Articles, KINSMEN Grading. You should seek independent professional advice before making any investment decisions).   

(C) Sourcing Products 
If the Buyer makes a Request, KINSMEN may source the Products and Seller User for the Buyer User subject to the applicable terms and conditions under the Buyer Terms and Conditions. If the requested Product is a pre-owned Product, KINSMEN will request the Seller User to provide detailed photos and descriptions of the Product.  The Buyer User hereby understands and agrees that KINSMEN does not guarantee that the Product will be available for sale, the conditions of the requested Product correspond to the photos or descriptions made by the Seller User, nor does KINSMEN guarantee the Buyer User will have priority access to Purchase the Product when it becomes available. The Buyer User agrees that KINSMEN may list the requested Product on the Platform at any time without prior notice to the Buyer User.  This function is for the User’s convenience only, the Buyer User shall from time to time browse the Platform to check the availability of a Product and under no circumstances shall KINSMEN be liable for failure to notify the User when the Product becomes available nor shall KINSMEN be liable for any late notice

(D) Provision of Professional Services   
KINSMEN may provide professional services, including but not limited to repair and custody services to Buyer User subject to the applicable terms and conditions under the Buyer Terms and Conditions and other specific terms and conditions in relation to the services. A legally binding service agreement between the Buyer User and KINSMEN is formed when the Buyer User has agreed to such specific terms and conditions in relation to the services. 

(E) Enable Users to consolidate their Collections   
The Users may save and upload the details of their personal watch collections (whether or not purchased through the Platform) to the Collection space on the Platform and share them to social media accounts. KINSMEN does not represent, warrant and/or guarantee the Contents stored by the User will not be lost for any reason. KINSMEN may from time to time provide you with any Contents in relation to the watch you have saved and uploaded to your Collection. By uploading Contents to the Collection, the User represents and warrants that the Contents are correct and accurate to the User’s best knowledge and shall not contain any illegal, improper or politically sensitive content. KINSMEN shall not be liable for any Contents made available by the User on the Platform. By sharing the Collection to social media accounts, you represent and warrant that the sharing of which will not invade anyone’s privacy or infringe the intellectual property rights of any person.

2.2 The Platform and the Services are offered and available to Users who are eighteen (18) years of age or above. By using the Platform and the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. If you do not meet the age requirements you shall not access or use the Platform and/or the Services.

Referral Program and Other Promotions   
2.3 KINSMEN Users may enjoy certain rewards by referring potential Buyer User(s) and/or Seller User(s) to conduct eligible transactions with KINSMEN.

2.4 KINSMEN may also offer you other promotions in connection with our Services from time to time.

2.5 Each promotion shall be subject to the specific terms and conditions made available to you via email or on our website and/or mobile application. Please contact the KINSMEN Customer Care team at info@kinsmenhk.com if you have any questions.

2.6 Each transaction with KINSMEN can only apply one (1) program offer and/or promotion discount.

2.7 KINSMEN shall have the absolute right, without any compensation, to suspend, terminate or modify any programs and/or promotions at any time.    

Third-Party Services

2.8 In addition to the Services, the Platform may contain links for services (including payment gateway services regarding fees payable by and/or to the Users) to be provided by third-parties (including but not limited to third-party service provider relating to the acceptance of payments by usage of cryptocurrencies) (the Platform Third-Party Service Providers). If you decide to engage any Platform Third-Party Service Providers, you do so entirely at your own risk and subject to the terms and conditions of use for such Platform Third-Party Service Providers. KINSMEN is not responsible for and has no absolute control over any Platform Third-Party Service Providers and accepts no responsibility for any loss or damage that may arise from any User’s use of the Platform Third-Party Service Providers.  You further acknowledge and understand that digital virtual wallets and cryptography are progressing fields. Advances in code cracking or technical advances may present risks to the Platform and the Services which could result in the theft or loss of your property. By using the Platform and/or the Services, you acknowledge and accept such inherent risks.

2.9 Any and all communications, transaction payments and engagements with the Platform Third-Party Service Providers are exclusively between the relevant Users and the relevant Platform Third-Party Service Providers, not KINSMEN.   
Discontinuation, suspension or termination of the Services

2.10 KINSMEN reserves the right, in its sole discretion and without notice, to the extent legally permissible to temporarily or permanently modify, suspend, or terminate the Platform and/or the Services (or any part thereof). KINSMEN shall not be liable to you or any third-party for any such temporary or permanent modification, suspension or termination.  For the avoidance of doubt, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability during any such discontinuation, suspension or termination of the Platform and/or the Services.

1. The Data User will seek its Users’ (or their respective relevant persons as defined under the PDPO) expressed consents to changes in how it uses and/or discloses their Personal Data if requested by law, but otherwise use of the Platform or the Services following such changes constitutes their 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: 
3. to enable and provide its Users with access and use of the Platform and/or the Services; 
4. to communicate with its Users, including but not limited to, for provision of technical, administrative, operational and account information regarding the Platform and/or the Services, and handling of their requests and complaints;
5. to contact its Users to conduct surveys and customer reviews about their experiences with the Platform and/or the Services;
6. to operate, protect, improve and optimize the Platform and/or the Services and to improve and customize its Users’ 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;
7. to offer tailored content to its Users in accordance with their interests or other indications; 
8. to administer its business and conduct research and development for new products, features, services and applications in relation to the Platform and/or the Services; 
9. where applicable and subject to compliance of the PDPO, to provide its Users with marketing and promotional materials for their enjoyment of benefits of the Services;
10. only when its Users have provided the consents required under the PDPO, to send such Users 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 such Users in accordance with clause 7;
11. to enforce the Data User’s legal and/or contractual obligations and rights, and to resolve disputes between the Data User and its Users and third-parties;
12. to derive, create or otherwise transfer the same into Non-personal Information for the purpose of creating general data statistics;
13. for the Data User’s internal business and administrative purposes;
14. for the Data User’s compliance of relevant laws and regulations; and
15. other purposes directly relating to any of the above.
16. 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 its function and activity, including but not limited to researching and analyzing to improve its services and businesses. 

1. In accordance with the terms of the PDPO, the Users (or their respective relevant persons (as defined under the PDPO) on behalf of them) have the right to:
2. 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 Personal Data; and 
3. request the Data User to correct their Personal Data which is inaccurate.
4. In order to protect the Personal Data, the Data User will require all Users (or their respective 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@kinsmenhk.com or by post to 1402 14/F, Lippo Sun Plaza House, 28 Canton Road Tsim Sha Tsui to KINSMEN Limited. 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-parties 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.

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 such User; and (v) for protecting the Data User’s and its employees’ rights, property or safety. 
2. The Data User provides its Users with the ability to request removal of their Personal Data from its storage. Users may lodge such request in writing by sending an email to or by post to 1402 14/F, Lippo Sun Plaza House, 28 Canton Road Tsim Sha Tsui to KINSMEN Limited. 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.

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; (iii) suppliers of the Services and other third-parties appointed by the Data User to perform the Services (including but not limited to third-parties appointed by the Data User (and/or its Affiliates) to conduct due diligence process of the Products); and (iv) data analytics service providers, for the sole purpose of carrying out data analysis to improve and customize Users’ experiences when using the Platform and/or 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, each User’s Personal Data 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 each User. Such a third-party may be located, and use of Users’ Personal Data may be made, outside of Hong Kong in connection with such acquisition or reorganization. 

By accepting this Privacy Policy, each User understands and acknowledges that his or her Personal Data may be disclosed or transferred to Affiliates and/or any such third-parties (and their respective employees and representatives) under clause 6 of this Privacy Policy.

6.2 Your credit card will be charged by KINSMEN upon confirmation of the Purchase, Request and/or Offer. You may be given the option to pay in your credit card currency if it is different from the selected currency. You will see the converted amount that will be charged to your card. Your bank may impose additional fees on the transaction.

6.3 KINSMEN will process refunds, if and when applicable, within a reasonable timeframe. Please note that your bank may impose additional fees on the transaction. Please contact your issuing bank for details.

6.4 If you suspect an unauthorized or fraudulent credit card payment was made via KINSMEN, please contact the customer service team of KINSMEN immediately.

6.5 You undertake that the credit card you are using is your own credit card or that you are authorized to complete the Purchase, Request and/or the Offer (as applicable) with such card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all Purchases, Requests and/or Offers (as applicable) made under your name or Account. 

6.6 You undertake that the payment details you provide to KINSMEN in relation to the Purchase, Request and/or the Offer (as applicable) are fully correct. You also undertake to provide correct and accurate e-mail addresses, and/or other contact details to KINSMEN and acknowledge that KINSMEN may use these details to contact you in the event as KINSMEN deems necessary. KINSMEN reserves the right not to accept certain credit cards. KINSMEN may add or remove other payment methods at its discretion. 

6.7 In the event of late payment, invalid credit cards or insufficient funds, you shall bear your own risk, shall account for any liabilities resulting from such a situation and shall not be entitled to any refund unless otherwise agreed by KINSMEN. KINSMEN also reserves the right to charge an administrative fee (amount of which to be notified by KINSMEN from time to time) to process any cancellation where it deems appropriate to do so. 

6.8 You understand and authorize some of your payment made via the Platform may be held on escrow by KINSMEN pending confirmation of the relevant Purchase, Request and/or Offer, including but not limited to where KINSMEN considers necessary to verify whether any grounds to reject a Purchase, a Request and/or an Offer as listed under clause 4.5 may be applicable.

7.1 The Contents (including the Articles) presented on or through the Platform and/or the Services are made available solely for general information purposes. KINSMEN does not warrant the accuracy, completeness or usefulness of any Contents. KINSMEN disclaims all liabilities and responsibilities arising from any reliance placed on such materials by Users or by anyone who may be informed of any of its Contents to the maximum extent permissible by applicable laws, rules and regulations.

7.2 For the avoidance of doubt, KINSMEN does not undertake to review or verify the Contents before they are posted on the Platform, and cannot ensure prompt removal of objectionable Contents after they have been posted. Accordingly, KINSMEN assumes no liability for any action or inaction regarding the Contents. KINSMEN has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Linking to the Platform and social media features

7.3 You may link to the homepage of the Platform, provided you do so in a way that is fair and legal and does not damage the reputation of KINSMEN or any of its Affiliates or take advantage of them, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on KINSMEN’s part leading to a potential misrepresentation from the public.

Links to third-party Platforms

7.4 The Platform may contain hyper-links to web pages and banners of third-parties for advertisement purposes of such third-parties and such links are provided for your convenience only. KINSMEN has no absolute control over the contents posted by such third-parties (Third-Party Contents) and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Contents linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Contents.

Since the Platform and the Services may collect information of Users from third-party social media sites, such as WhatsApp, Instagram, Facebook and Youtube, 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).

9.1 Users understand and acknowledge that when they visit the Platform and use the Services, the Data User may use cookie files to collect information about such Users. When Users use the Services, they understand and acknowledge that any information collected by means of cookies when using the Services about them would be Personal Data. The Data User may use such information for compiling aggregate statistics on how Users use the Services. Such statistics are collected for managing, enhancing and improving the Users’ 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 such Users to provide advertisements tailored to their interests and searches when accessing the Platform and the Services.

9.2 Most web browsers are initially set up to “accept” cookies. Users 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 such Users, and some of their preferences, including but not limited to their preferred currency, languages, and searches, may not be remembered by the Platform.

10.1 Where applicable, the Users understand and acknowledge that their Personal Data may be transferred to, processed, and stored in Hong Kong or United States. Data protection laws in Hong Kong or United States may be different from those in the Users’ country of residence. Where applicable, the Users consent to the transfer, process and storage of their information, including Personal Data, to/in Hong Kong or United States as set forth in this Privacy Policy by using the Services. 

10.2 The Users understand and acknowledge that it is contemplated that the collection of Personal Data may 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, the Users 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. For data subjects who are based in the European Union, the privacy policy in compliance with GDPR will also apply to such data subjects and in the event of any conflict between this policy and the privacy policy in compliance with GDPR, the terms of such latter privacy policy will prevail.

11.1 The Data User will collect, hold, process and use Personal Data that its Users make available when accessing or using the Platform 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.

11.2 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.

12.1 The Data User may need to disclose Personal Data when required by the relevant laws or court orders, or as requested by other governments 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 its Users or to others, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

12.2 The Users understand and acknowledge that the Data User never asks the Users to share with other Users their Passwords for their use of the Platform and the Services.

The Users understand and acknowledge that this Privacy Policy does not apply to any unsolicited information they 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. 

1. The Users understand and acknowledge that their Personal Data are transmitted to others at their own risk. Although the Data User limits access to certain pages, Users acknowledge that no security measures are perfect or impenetrable. The Users understand and acknowledge that they should take care when using social networking features related to the Services since the information such Users choose to make available can be seen by other Users of the third-party social media sites. Additionally, the Users understand and acknowledge that the Data User cannot control the actions of other Users with whom the Users may choose to share their information (which may include their Personal Data). Therefore, the Users understand and acknowledge that the Data User cannot and do not guarantee that such Contents will not be reviewed by unauthorized persons. 
2. The Platform and the Services may contain links to other platforms or applications. The Users understand and acknowledge that the fact that the Platform and the Services link to other platforms, applications or advertisements does not mean that the Data User endorses or authorizes the collection of personal data from the Users by such third-parties, nor does it constitute a representation of any affiliation between the Data User and such third-parties. The Users understand and acknowledge that, once the Users click on a link to third-party platforms, applications or advertisements, they will access third-party platforms, applications and advertisements which may collect information from such Users. The Users understand and acknowledge that such third-party platforms, applications and advertisements follow different rules regarding the collection, use, processing or disclosure of the personal data such Users submit to them. Hence, the Users understand and acknowledge that the Data User shall not be responsible for the content and activities of these linked platforms, applications and advertisements (including any collection, use, holding, processing or disclosure of personal data of Users by such third-parties). 

• access to, use or misuse of the Platform and/or the Services in violation of these Terms, applicable laws, rules and regulations and/or any rights of any third-parties by you; and/or
• any unauthorized activities or actions under your Account, whether or not you have authorized or are aware of such activities or actions.

12.3 If you use the Platform and/or the Services for or on behalf of a third-party, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform such third-party of all applicable Terms. Each User using the Platform and/or the Services for or on behalf of any third-party agrees to indemnify and hold the Covered Parties harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to such third-party’s or the User’s failure to fulfill any of its obligations as described above.

12.4 No Covered Party shall be responsible for any Seller Users’ breach of any conditions or warranties including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Parties be responsible for any other wrongdoing of a Seller User (including any liability in tort), as to any services in relation to the Products via the Platform. KINSMEN does not guarantee continuous access without interruption to the Platform.

12.5 Claims submitted with undue delay may be considered void pursuant to applicable laws of limitations. Only bona fide claims will be considered. Notwithstanding the above, any cause of action or claim you may have arising out of or relating to these Terms, the Platform and/or the Services must be commenced within one (1) month after completion of the relevant transaction or from the date the event should have been reasonably known by you (whichever is earlier).

12.6 KINSMEN will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant Service. To the extent permissible pursuant to the relevant applicable laws, rules and regulations, and without prejudice to the limitations set out in these Terms, the liability of KINSMEN, in the aggregate, will not exceed the lesser of (a) the aggregate cost of Purchase, Request or Offer (as applicable) as set out in the confirmation email (whether for one event or series of connected events); or (b)$800 Hong Kong dollars (or its equivalent in local currency). 

12.7 In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such a case, KINSMEN shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim

2. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, and gender.
• Contact Data includes billing address, delivery address, email address, and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type, and version, time zone setting, and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. 
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.  
• Usage Data includes information about how you use our website, products, and services. 
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
   

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses. If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications; 
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us. 

• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. Please see our cookie policy for further details.
• Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
   

Technical Data from the following parties:
(a) analytics providers such as Google based outside the EU;
(b) advertising networks; and
(c) search information providers.

• Contact, Financial, and Transaction Data from providers of technical, payment, and delivery services.
• Identity and Contact Data from data brokers or aggregators.
• Identity and Contact Data from publicly available sources.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where you have provided specific opt-in consent to the use of your data.
• Where we need to comply with a legal obligation.

Refer to Glossary and Lawful basis to find out more about the types of lawful basis that we will rely on to process your personal data.
We will always get your consent before sending third-party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new consigneese

(a) Identity 

(b) Contact

(c) Performance of a contract with you

To verify you as a credible customer/ seller

(a) Identity 

(b) Contact

(c) Performance of a contract with you 

(d) Necessary for our legitimate interest

To process and deliver your order including: Manage payments, fees and charges and collecting and recovering money owed to us.

(a) Identity 

(b) Contact 

(c) Financial 

(d) Transaction 

(e) Marketing and Communications

(f) Performance of a contract with you 

Necessary for our legitimate interests (to recover debts due to us)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity 

(b) Contact 

(c) Profile 

(d) Usage 

(e) Marketing and Communications

(f) Performance of a contract with you 

Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)  

(a) Identity

(b) Contact

(c) Technical

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) and to comply with a legal obligation.

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity 

(b) Contact 

(c) Profile 

(d) Usage 

(e) Marketing and Communications 

(f) Technical 

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) or you have provided opt-in consent to such processing

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical 

(b) Usage 

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity 

(b) Contact 

(c) Technical 

(d) Usage 

(e) Profile 

(f) Marketing and Communications

Given you have provided opt-in consent to such processing

Promotional offers from us
We may use your Identity, Contact, Technical, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 

Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Change of purpose We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may share your personal data with the parties set out below for the purposes set out in the table above.

• Internal Third Parties as set out in the Glossary. (refer to glossary)
• External Third Parties as set out in the Glossary. (refer to glossary)
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Many of our external third parties are based outside the EU so their processing of your personal data will involve a transfer of data outside the EU.
Whenever we transfer your personal data out of the EU, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. 
• Where we use certain service providers, we may use specific contracts approved for use in the EU which give personal data the same protection it has in the EU.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EU.

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law, we have to keep basic information about our customers (including Contact, Identity, Financial, and Transaction Data) for six years after they cease being customers.

In some circumstances you can ask us to delete your data: refer to your legal rights below for further information.

In some circumstances, we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please refer to your legal rights section below to find out more about these rights: 

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us. 

No fee is usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. 

YOUR LEGAL RIGHTS

You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES
Internal Third Parties
Other companies in the Kinsmen Group acting as joint controllers or processors. 

External Third Parties

• Service providers acting as processors based in Hong Kong who provide IT and system administration services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Hong Kong who provide consultancy, banking, legal, insurance and accounting services.
• Tax authorities, regulators and other authorities acting as processors or joint controllers based in Hong Kong who require reporting of processing activities in certain circumstances.
• Regulatory authorities, referencing agencies, financial organizations, debt collection and tracing agents, credit reference agencies and courts and tribunals to perform credit checks, identity checks and financial checks.