Terms of Privacy
Article 1 Purposes and Basis. In order to better provide the services hereunder to the Users, it is necessary for the Platform to collect your information when you log into the Platform, register with the Platform and/or use the services offered by the Platform. For the purposes of preventing any abuse or misuse of the information so collected, KCEx formulates these Terms of Privacy in accordance with the User Service Agreement of KCEx, User Service Agreement for the KCEx APP and other rules and regulations of KCEx, so as to provide clear stipulations as to the use and protection of the information so collected.
Article 2 Designation. For the convenience of wording in this Agreement, the Platform is referred to as “We/us/our” or other forms of first-person pronouns; natural persons or other subjects visiting the Platform are referred to as “User(s)/You/Your” or other appropriate forms of the second-person pronouns; We and you are collectively referred to as “Parties” in this Agreement and as “a/one Party” individually.
Article 3 Definition and Interpretation. The following terms or expressions shall have the meanings ascribed to them below, unless any other term or condition hereunder provides otherwise:
(1) Personal Information: all information that is recorded electronically or otherwise and can be used, whether independently or in combination with any other information, to identify any particular natural person or reflect the pattern of movement of a particular natural person, including, but not limited to, sensitive personal information;
(2) Sensitive Personal Information: including but not limited to identity card numbers, numbers of other identity documents, personal biometric information, bank accounts, property information, whereabouts, transaction information, etc.
(3) Deletion of personal information: the removal of personal information from any system involved in realizing the routine business functions, so that such personal information will be kept from retrieval or access.
Article 4 Scope of Application. This Agreement shall apply to all Users trading on the website of KCEx and its APP (hereinafter referred to as "the Platform"). Users shall comply with the terms and conditions of this Agreement, provided that the Users shall be subject to any and all laws of the country or region where they are based in connection with the protection of personal information and data, and to the extent permitted by the local laws of the Users.
Article 5 Invocation. Any code or statutory decree or administrative regulation referred to in this Agreement shall refer to the latest amended version thereof, regardless of whether such amendment is made before or after the signing of this Agreement.
Article 6 Headings of Terms and Conditions. The headings of the terms and conditions of this Agreement are for convenience only and shall not be used for the purpose of interpreting the terms and conditions of this Agreement. References herein to any statement, term, condition, annex, schedule shall refer to statements, terms, conditions, annexes, and schedules hereunder.
Article 7 Use of the term "include". The term “include” used herein shall, under any and all circumstances always have the meaning of “include but not limited to”, unless this Agreement requires otherwise.
Article 8 User’s Consent and Authorization. The Users acknowledge and understand that upon a User’s log into the Platform, it shall be deemed that the User expresses to us their acceptance, consent, undertaking and confirmation of the following, regardless of whether the User has completed its registration with the Platform:
(1) that the User agrees, on a voluntary basis, to disclose personal information thereto to us;
(2) the User will abide by all the terms and conditions of this Agreement;
(3) the User agrees and authorizes the Platform to collect the User’s personal information when the User logs into the Platform, registers with the Platform and/or uses the Platform services;
(5) the User agrees that any of our branch companies, subsidiary companies, or employees will contact the User in connection with any product and service that may be of interest to the User (unless the User has indicated that he or she does not wish to receive such information).
Article 10 Supply of Information. If Users voluntarily use the services provided by the Platform, they will be required to fill in and/or provide the following two categories of information in accordance with the requirements of Chapter III of User Service Agreement of KCEx and the corresponding clauses of the Guidelines Against Money-Laundering and Terrorism Financing :
(1) Identity Information: this category of information of a User, which may help the Platform to verify whether the User is eligible to register as a member of the Platform, includes, but is not limited to: the User's name, address of residence, postal address, various certificates that are issued by the country or government to which the User is subject to and are capable of proving the identity of the User, the serial numbers of such certificates, as well as all other information that may assist the Platform in authenticating the identity of the User (hereinafter collectively referred to as "Identity Information");
(2) Service Information: this category of information of a User, which helps the Platform to contact the User and provide services to the User smoothly, includes, but is not limited to, the User’s telephone number, fax number, valid e-mail address, postal address, and debit card information and/or other account information (hereinafter collectively referred to as "Service Information").
Article 11 Changes in the Method of Information Collection. When a User uses this Website or the services provided by this Website, the Platform may collect additional necessary information by an email box that is exclusively owned by the Platform and released to the public via the Platform or by any other method that is deemed as in compliance with relevant laws and regulations, so as to improve the functionality of the Platform and enhance the Users' experience of using the Platform services and the security thereof, or as is required by any order of a court, any applicable law or regulation, or any other competent government agency.
Article 12 Third-Party Websites. If a User visits any link on this Website to any third Party website or to a partner third Party, the User agrees to and shall comply with the separate and independent privacy policies of such third Party websites. The User understands and acknowledges that the Platform is not responsible for the content or activities of such third-Party websites or partners.
Article 13 Installation of Cookies. When a User visits the Platform, the Platform will use Google Stats via cookies to record the Platform’s performance and check the effectiveness of online advertising. Cookies are a small amount of data that is sent to the User’s browser and is stored in the User’s computer hard drive. Only when the User uses his/her computer to access the Platform can the Cookies be sent to the User’s computer hard drive.
Article 14 Functions of Cookies. Cookies are frequently used to record the habits and preferences of visitors when they browse various items on the Platform. Data collected by Cookies are anonymous collective statistics that do not contain personal data. Cookies cannot be used to obtain data in the User’ hard drive, the User’s email address or personal data; they can enable the Platform or a service-provider’s system to recognize the User’s browser, and capture and remember information.
Article 15 Disabling Cookies. Most browsers are preset to accept Cookies, and Users can choose to set their browsers to reject Cookies, or to notify Users upon the installation of Cookies. Users should be aware that they may be unable to start or use certain features of the Platform if they carry out relevant settings to disable Cookies.
Article 16 Use of Information. The information collected by the Platform is used by the Platform for the following purposes or in the following manners:
(1) to provide the Users with the Platform services via the Platform;
(2) to identify and confirm the Users’ identity when the Users use the Platform;
(3) to improve and upgrade the services of the Platform (the Users' information and feedback received by the Platform can help the Platform improve the services of the Platform, so that the Platform can respond to the Users' service requests and support needs in a more effective manner);
(4) to keep statistics relating to the use of the Platform and to be used for data analysis carried out in cooperation with government agencies, public affairs institutions;
(5) to personalize the Users' experience (more specifically, the Users' information will help the Platform to better respond to the Users' personalized needs);
(6) to facilitate transactions (the Users' personal information will not be sold, exchanged, transferred, or otherwise provided to any third Party company on any ground without the Users' consent, except for where doing so is expressly for the purpose of completing the transactions the Users require);
(7) to send e-mails regularly (more specifically, the email addresses provided by the Users will be used to receive newsletters, updates, relevant product or service information sent by the Platform, and to send to the Users announcements and updates on the Users’ orders);
(8) to fulfill other purposes as specified in the User Agreement of KCEx Website, and to be used for all the legal means adopted for fulfilling such purposes.
Article 17 Information Disclosure to Third Parties. The Platform does not sell, trade, or otherwise transfer information or allow any other Party to collect, use any information from our Platform; however, such information does not involve the following Parties and does not include the following information: the Platform's affiliates, trusted third Parties that help the Platform operate the Platform's websites, manage the Platform's business, or provide services to the Users, provided that such Parties agree to keep such information confidential; if the Platform discloses information to the above-mentioned Parties, such information disclosure shall be appropriate, or is required by any of the applicable laws, regulations, rules or by any order of any court or other competent authorities, and is necessary for executing the strategy of the Platform's and ensuring the proper functioning of the Website, or as may be necessary for the related Parties to provide services, or for the protection of the rights, property or safety of us or other persons, and that such information disclosure will not be used by any of the above-mentioned Parties for marketing, advertising or any other purpose that is not agreed on by all the Parties concerned.
Article 18 Protection of Personal Data. The Platform adopts appropriate physical, electronic, management and technical measures, so as to protect and safeguard the security of the Users' personal data. The Platform will, to the greatest extent possible, ensure that any personal data collected through the Platform shall be free from being subject to nuisance by any third Party unrelated to us. The security measures that the Platform may take include but are not limited to:
(1) Physical measures: records of Users' personal information will be stored in a properly locked place.
(2) Electronic measures: the computer data that contain Users' personal information will be stored in computer systems and storage medias that are subject to strict login restrictions.
(3) Management measures: only staff members duly authorized by the Platform may access the Users' personal data, and such staff members shall comply with the Platform’s internal code concerning personal data confidentiality.
(4) Technical measures: such encryption techniques as Secure Socket Layer Encryption may be used to convey Users' personal data.
(5) Other measures: the network servers of the Platform are protected by a proper "firewall".
Article 19 Reporting of Flaws. If any User becomes aware of any security flaw in the Platform, the User should contact the Platform through the service email promptly so that the Platform can take appropriate measures to remedy and remove such flaw as soon as possible.
Article 20 Exemption. Despite of the above-mentioned technical and security measures, the Platform cannot guarantee that the information transmitted via the Internet is absolutely safe, so the Platform does not provide any guarantee for the security of the personal information that the Users provide to the Platform; and the Platform may not be held liable for any loss or damage arising from or caused by any event that may occur in connection with unauthorized access to the Users’ personal information.
Article 22 Communication with Us. If a User has any requirements or comments, the User may send such requirements or comments to the email address:[email protected], which is the only valid and official email address through which the Platform communicates with the Users; If a User fails to use such valid contact information to contact the Platform, the Platform shall not be obliged to reply or be held liable in any manner whatsoever.
Article 23 Release of Announcements. The Platform publishes announcements and information exclusively on the basis of the valid and effective contact information released on this Website or by posting announcements on the Platform; therefore, the Platform shall not be held liable for any loss arising from any User’s trust in the information that is obtained in any manner other than the above-mentioned means.