Legal Documents
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Privacy PolicyIntroduction
KONG SHING WEALTH COMPANY LIMITED (hereinafter referred to as the "Company") is incorporated under the laws of the Autonomous Island of Anjouan with registration number 15705, and its registered address is in the Hamjachko District, Mutsamudu City, Autonomous Island of Anjouan. The Company holds an international brokerage and clearing license and is authorized to conduct all types of brokerage business under Government Decree No. 005 of 2005 (hereinafter referred to as the "Law"), and is supervised by the Anjouan Offshore Financial Authority.
This privacy statement applies to the website registered and operated by the Company, as well as its related subdomains and mobile applications.
Business Scope of the Company
The objectives and purposes of the Company are to provide different brokerage services to the public and to corporate and private clients who are non-residents of the Autonomous Republic of Anjouan; and, without prejudice to the generality of the foregoing, to carry on, either alone or jointly, any of the following businesses:
Provide direct investment consulting to investors, including securities prices, securities investments, buying and selling securities, and related foreign exchange trading issues.
Provide consulting on securities issuance and fund-raising services.
Arrange and execute the distribution of securities of issuers on an unsecured basis.
Receive and transmit client orders related to securities, and execute securities transactions for client accounts using client funds.
Manage clients' investment portfolios and allocate funds for securities operations.
Hold clients' investment funds and/or securities, and provide custody, safekeeping, and nominee services for securities.
Execute securities transactions for the Company's account using the Company's own funds (proprietary trading).
Arrange and execute the distribution of securities of issuers on a secured basis.
Provide securities loans and borrowings to clients, and use the Company's own funds to purchase securities for clients, participating in short-selling transactions as defined by the NBG Law.
Corporate services.
Issue the Company's own deposit products.
Provide loan and borrowing funds (lending transactions).
Conduct currency and foreign exchange transactions.
Hold assets, capital, precious metals, bonds, shares, or other financial instruments for third parties.
Accept any type of cash deposit (deposit transactions).
Provide current accounts for corporate and individual clients.
Provide fixed deposit accounts.
Issue bank reference letters and good standing certificates.
Issue securities and credit card processing.
Provide any type of guarantee (guarantee business).
Multi-currency accounts.
Asset management products.
Investment consulting services.
Financial engineering (product solutions combining private banking and wealth management).
Act as intermediaries in securities transactions.
Provide other permitted financial services.
Foreign exchange trading.
Foreign exchange currency exchange operators (utility tokens and security tokens) contracts for difference.
Carry on business as capitalists, financiers, promoters and concessionaires, and to participate in, undertake, execute various financial, commercial, industrial, trading, development, agency and other operations, and to provide or advance funds, whether secured or not, to concessionaires, inventors, patent holders and others, for the purpose of improving and developing or assisting in improving and developing any concession, land or other, or to experiment with, improve, test or develop any invention, design or industrial or other process.
Overview of Privacy Policy
In accordance with the Law, the Company outlines in this Privacy Policy (hereinafter referred to as the "Policy") how the Company collects, maintains, uses, and discloses clients' personal information.
This Policy applies to the Company and follows the principles described herein.
This Policy applies to existing clients, potential clients, clients who have terminated their contractual relationship with the Company, and website visitors who access or use the Company's website and mobile applications (hereinafter referred to as the "Platform") (hereinafter referred to as "Clients" or "You").
The Company is committed to protecting the privacy of personal data processed for all clients, and processes such data in accordance with this Policy and the Company's business terms.
For the purposes of this Policy, "Personal Data" refers to any data that can identify or potentially identify a client, such as the client's name, address, ID number, telephone number, and date of birth.
Collection of Personal Data
The Company collects different types of personal data through its Platform from clients who visit the Platform or access, use, or request products provided by the Company.
Providing certain personal data is necessary to establish a contractual relationship with the Company. Clients who are unwilling to provide such personal data will not be able to open an account with the Company or obtain other products and/or services of the Company.
Clients are responsible for ensuring that the personal data they provide to the Company and recorded in their personal accounts remains accurate and up-to-date throughout the duration of the contractual relationship.
In addition to the information provided by clients, the Company also lawfully collects and processes personal data from public sources (including but not limited to news, social media, and the Internet) and third-party risk management software solutions to fulfill its regulatory obligations and confirm the validity of the information provided.
Personal data received, collected, and processed from clients is required by the Company for communication, identity verification, assessment to establish a business relationship with clients, contract execution, and legal compliance. The specific personal data that may be collected from clients depends on the products and/or services provided by the Company to them, including:
Contact details, such as the client's name, email address, and telephone number.
Identity details, such as the client's ID card or passport number.
Biographical and demographic data, such as gender, age, ethnicity, education, occupation, the client's financial trading experience, and whether he has a prominent public function status (PEP).
Financial information, such as the client's income status, bank account numbers and account details, tax information, and other financial information.
Information related to the services provided by the Company to the client, such as the client's transactions and communication records with the Company.
Details of visits by visitors and clients accessing the Company's website and collected through Cookies and other tracking technologies, including IP addresses and domain names, browser versions, operating systems, and geographical locations.
Information related to criminal convictions and offenses, to the extent required and/or permitted by applicable law.
Your marketing preferences.
No Collection of Children's Data
The Company understands the importance of protecting children's privacy. The Company's services are not directed at children under the age of 18, and its website is not designed for children. Therefore, the Company will not intentionally or specifically collect personal data of children. If the Company erroneously or inadvertently collects such data, the Company will delete the information as soon as it becomes aware of it. If a client discovers such data collection, they should notify the Company at info@kswcl.com.
Uses of Personal Data
The Company collects and processes personal data to assess, establish, and maintain contractual relationships between the Company and clients, and to comply with applicable laws and regulations governing the provision of financial services. In certain cases, the Company may also process clients' personal data to pursue its own or third parties' legitimate interests, provided that clients' interests and fundamental rights are not overridden by the interests of the Company or third parties.
Specifically, clients' personal data is most commonly used in the following situations:
Contract Performance:
The Company needs to perform its contract with the client or take certain steps before entering into a contract.
Processing is necessary for the Company to provide products and services, more specifically:
o Verify the client's identity and conduct any necessary credit checks;
o Ensure the client meets the suitability requirements for using the Company's products and services;
o Manage the client's account held with the Company;
o Process the client's transactions;
o Send the client any information related to transactions/post-transaction services.
If the client does not provide the requested personal data, the Company may not be able to provide its products and/or services to the client.
Legal Obligations:
The Company needs to comply with legal obligations
As an investment company, the Company must comply with certain legal and regulatory obligations, which may involve the processing of personal data. Such obligations and requirements impose on the Company data processing activities necessary for identity verification, compliance with court orders, tax laws or other reporting obligations, and anti-money laundering controls.
Legitimate Interests:
The Company has a legitimate interest in using clients' personal data
More specifically, the Company may process personal data for the following purposes:
o Develop or enhance its products and services;
o Enhance the security of the Company's network and information systems;
o Identify, prevent, and investigate fraud and other illegal activities, unauthorized transactions, and other liabilities, and manage risk exposure;
o Maintain its accounts and records;
o Manage its business operations and comply with internal policies and procedures;
o Defend, investigate, or prosecute legal actions;
o Obtain professional advice (such as legal advice);
o Analyze statistical data to help the Company provide better products and services to clients in the future. It should be noted that the Company will anonymize and aggregate such data to avoid directly or indirectly revealing clients' identities. The Company may provide such statistical data to third parties solely for statistical purposes (see Section 8 for more detailed description) to improve the Company's marketing activities.
Client Consent:
The client has given consent
The Company will only request clients' consent when it wishes to provide marketing information about products or services that may be of interest to them.
Clients may withdraw this consent at any time. This right does not affect the lawfulness of processing based on the consent before its withdrawal.
Cookies
Cookies are small text files stored on users' computers for record-keeping purposes. The Company uses Cookies on its website, but does not associate the information stored in Cookies with any personal data submitted by clients.
The Company uses session ID Cookies and persistent Cookies. Clients can delete persistent Cookies through their browser's "Help" file. If a client refuses Cookies, they can still use the Company's website, but cannot use the myKSWCL area or submit online application forms.
Links to Other Websites
The Company's website may contain links to other websites or social media platforms. After leaving the Company's website, the Company has no control over these websites and therefore is not responsible for the protection and privacy of any information you provide on these websites.
Client Record Retention Period
In accordance with applicable laws and regulations, the Company is required to retain records containing clients' personal data, transaction information, account opening documents, communication records, etc., for 5 years after each transaction execution and/or termination of the business relationship.
Sharing and Disclosure of Personal Data
In the course of performing contracts and legal obligations, clients' personal data may be disclosed to third parties (such as payment service providers, government agencies, credit reference agencies, etc.). The Company ensures that these third parties comply with data protection and confidentiality obligations.
Business Transfers and Legal Requirements
If the Company is involved in a merger, acquisition, bankruptcy, etc., clients' personal data may be transferred to successors or affiliates as part of the transaction.
Marketing Communications - Service Subscription Preferences
The Company may process personal data to provide clients with products, services, and offers that may be of interest to them, but requires explicit consent from clients. Clients may opt out at any time.
Rights to Personal Data
Clients have the following rights regarding their own personal data:
Right of Access: To know whether the Company processes their personal data and to obtain a copy.
Right to Rectification: To request correction or completion of inaccurate or incomplete personal data.
Right to Erasure: To request erasure of personal data in specific circumstances.
Right to Restriction of Processing: To request restriction of processing under specific conditions.
Right to Data Portability: To obtain personal data provided in a structured, commonly used, and machine-readable format.
Right to Object: To object to the Company's processing of their personal data (for example, for direct marketing).
Right to Automatic Decision-Making and Profiling: To object to decisions based solely on automated processing.
Right to Withdraw Consent: To withdraw consent at any time.
Right to Lodge a Complaint with a Data Protection Authority: To report concerns about the Company's privacy practices to the relevant data protection authority.
To exercise the above rights, please contact info@kswcl.com.
Automatic Decision-Making and Profiling
When applying to open an account, the Company will use a system to automatically assess your knowledge and experience and allocate appropriate leverage based on the results of the suitability test. In this case, you have the right to contact the Company for more information or to challenge the automatic decision.
Confidentiality and Security of Personal Data
The Company treats the personal data it holds as confidential and uses it only for the purposes specified in this Policy. Registration information provided by clients is protected by encrypted passwords, stored on secure servers, and accessible only to authorized personnel.
Modifications to This Policy
The Company reserves the right to review and modify this Policy regularly and will inform clients of changes by publishing updated versions on the website or notifying clients directly. Clients are responsible for reviewing the Policy and any modifications regularly.
Consultation and Contact Information
If you have any questions about this Policy, please contact the customer support department at marketing@kswcl.com. To exercise your personal data rights or for other questions, please contact info@kswcl.com.
Version: 2025/04
