Privacy Policy

Introduction

Effective Date: November 13th, 2017, Updated: 31/01/2020
The OFX service is provided to Hong Kong customers by OzForex (HK) Limited [CRN:1588862] trading as OFX (OFX)). OFX is a subsidiary of OzForex Limited. OFX treats your privacy rights very seriously and will deal with any Personal Information you provide to OFX strictly in accordance with this Privacy Policy. The term “Personal Information” in this Privacy Policy refers to personal data and means any information relating directly or indirectly to a living individual from which it is practicable for the identity of the individual to be directly or indirectly ascertained. This Privacy Policy should be read in conjunction with the Customer agreement ("Customer Agreement") that you enter into with OFX. 

Privacy Principles

Purpose 
1.     This Privacy Policy describes how OFX collects, uses and discloses your Personal Information.
2.      OFX will collect your Personal Information only for the purpose of providing services to you and any purpose that is directly incidental to the provision of those services. In the event that OFX wishes to use your Personal Information for any other purpose, OFX will identify such purpose and obtain your consent before doing so, unless the new purpose is required by law. OFX also obtains information about you from an outside credit reporting agency to help OFX with customer authentication and credit-related decisions.
3.      OFX is always willing to explain to you the purposes for which your information is being collected.

Consent 
4.        OFX will seek your consent to the use of your Personal Information either expressly or impliedly, depending on the circumstances and the type of information collected. For example, OFX will rely on your implied consent when you give OFX your name, address, telephone number, mobile number, email address, date of birth and bank account information necessary for OFX to verify your identity in accordance with the provisions of the Customer Agreement. If you choose to add a recipient on the OFX website, OFX will ask you for your recipient’s name, email address, financial information (bank information) and physical address.
5.        Your consent may also be given by an authorised representative or a person having Power of Attorney.
6.     You may withdraw your consent at any time, subject to any legal restrictions and subject to any contractual restrictions you have already entered into with OFX, and provided that you give OFX reasonable notice in writing. OFX will explain to you the implications of such withdrawal.
7.       OFX may from time to time send you information that is relevant to the provision of OFX’s services. If, at any time, you do not wish to receive that information, you may by sending OFX an email opt-out and request that you are not included in any future mail-outs at privacy@OFX.com.
8.      There may be circumstances in which OFX is obliged to collect, use, or disclose certain Personal
Information without your consent. Such circumstances could include the following:
(i)        a serious and imminent threat to someone';s life, health or safety;
(ii)       a serious threat to public health or public safety;
(iii)      unlawful activity has been, is being or may be engaged in;
(iv)      disclosure is required or authorised by law;
(v)   the use or disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law including the enforcement of laws relating to the confiscation of the proceeds of crime; or
(vi)   the use or disclosure is necessary for the protection of the public revenue, the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct or the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal. Limiting Collection and Retention of Information 
9.        The amount and type of information collected by OFX will be limited to that which is necessary to provide
OFX’s services and the information shall be retained only for as long as may be necessary for the fulfilment of the
purpose for which the information is collected.
10.       You acknowledge that OFX is obliged under the relevant anti-money laundering and counter-terrorism
legislation to retain information relating to personal identity for 7 years.
11.        Subject to any legislative requirements, OFX will destroy, erase, or make anonymous your Personal
Information when it is no longer required to fulfil the purpose for which it has been collected.

Accuracy 
12.     OFX will make reasonable efforts to ensure that your Personal Information is sufficiently accurate, complete and up-to- date to minimise the possibility that inappropriate information may be used to make a decision about you.
13.   OFX will not routinely update your Personal Information unless such a process is necessary to fulfil the purposes for which the information was collected. In accordance with the Customer Agreement, you must notify OFX as soon as possible if any of the information you have provided to us has changed.

Internet technology

14.     OFX and its marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, and scripts, to analyse trends, administer the website, tracking users’ movements around the website, and to gather demographic information about OFX’s user base as a whole. OFX may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
15.    When registering, or creating an account at the OFX website, OFX collects your password and login name and other information OFX may request in order to identify you, maintain security of the OFX website and verify and control access to your account or online profile. If you make inquiries through the e-mail links, forms or other
contact methods provided on the OFX websites, these inquiries are forwarded to the relevant office or department and are used to respond to your inquiry and maintain a record of correspondence.
16.    OFX uses Internet technologies like cookies and web beacons to facilitate the services OFX provides on the OFX websites and your use of the OFX websites, including for the following reasons.
(i)       To assist OFX in providing services to you.
(ii)     To allow you to change web pages during your visit without having to re-enter your password.
(iii)      To store your preferences and other information and to track activity on the OFX website.
(iv)      To better understand the effectiveness of OFX’s promotional campaigns.
(v)       To determine whether you came to the OFX website from a banner ad or an affiliate website.
(vi)      To deliver Information specific to your interests on additional web sites.
(vii)     To determine whether you've acted on OFX promotional messages.

NOTE: A "cookie" is a text file placed on your computer's hard drive by a web server, which allows for personalisation of certain aspects of your visit to that website. "Web beacons" are transparent electronic images placed in the web code that collect non-personal data while visiting a website. Cookies and web beacons can usually be disabled by changing your browser preferences. Your browser usually has documentation on how to disable cookies and web beacons. Note that disabling cookies may limit the performance of OFX’s websites. If
cookies are disabled, certain features of the OFX websites may not function properly, and you may not be able to register or use your online account.

OFX partners with a third party to either display advertising on the OFX website or to manage OFX’s advertising on other sites. OFX’s third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by visiting http://preferences-mgr.truste.com/. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

OFX gathers certain information automatically and stores it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

OFX does not link this automatically collected data to other information it collects about you.

OFX uses Local Shared Objects, such as Flash cookies, and Local Storage, such as HTML5, to store content
information and preferences. Third parties with whom OFX partners to provide certain features on our website or
to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and
store information. Various browsers may offer their own management tools for removing HTML5.

To manage Flash cookies, please visit: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html 

Disclosure to Third Parties

17.    OFX will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. OFX may disclose your Personal Information to any member of the OFX Group.
18.     OFX may disclose your Personal Information to third parties for the following purposes:
(i)       in the event that OFX sells or buys any business or assets, in which case OFX may disclose your Personal Information to the prospective seller or buyer of such business assets;
(ii)      if OFX, or substantially all of its assets, are acquired by a third party, in which case Personal Information held by OFX about OFX’s customers will be one of the transferred assets; and
(iii)      in accordance with obligations imposed on OFX by our third-party service providers so that they may process your transactions.

(iv) to OFX’s contractors or service providers for the purposes of conducting its business and providing its services or products to you, including web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;

(v) to OFX’s intermediary banks in order to process certain transactions on your behalf, for example, by disclosing your name and address;
(vi) to any partners, agents or intermediaries who are a necessary part of the provision of OFX’s products and services;
(vii) to any partners, agents or vendors that you have authorised to have access to your account and or your Personal Data in connection with the provision of OFX’s products or services;
(viii) to credit reporting bodies if you are a Customer of OFX for the purpose of identifying you, in which case the information will be limited to your identity particulars, including your name, sex, address (and the previous two addresses), date of birth, name of employer, and drivers licence number;
(ix) to any government regulatory bodies that normally require it or may request it;
(x) in order for OFX to satisfy its regulatory obligations under relevant anti-money laundering and counter-terrorism legislation, for example in order to satisfy the obligation that OFX take reasonable steps to verify the identity of its customers, OFX may disclose your Personal Information to its external credit providers; and
(xi) as may be required under any other legislation or regulation.

19.    OFX may disclose or share your Personal Information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
20.      The Personal Information that OFX collects from you may be transferred to, and stored at, a destination outside Hong Kong. It may also be processed by staff operating outside Hong Kong who work for OFX or any of its related bodies corporate or for one of OFX’s service providers. Such staff may be engaged in, among other
things, the processing of your transaction, the processing of your payment details and the provision of support services. By submitting your Personal Information, you agree to this transfer, storing or processing. OFX will take all reasonable steps to ensure that such Personal Information is treated securely and in accordance with this Privacy Policy.

Children’s Privacy

21.      The OFX website is not directed at children under the age of 18. OFX will not knowingly collect or maintain Personal Information on the OFX website from those we actually know are under the age of 18.

External Websites

22.      The OFX website may be linked to or from third party websites. These links are provided as a convenience only. OFX is not responsible for the content or privacy principles of websites that are linked to or from the OFX website. You are advised to review the privacy policies of any third-party websites you visit.

Safeguards 

23.       OFX has in place a range of security safeguards to protect your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which it is held.
24.     The methods of protection OFX employs may depend on the sensitivity of the information and the format in which it is contained. Security measures include: technological measures including SSL 128 bit encryption for all data transfers over the Internet, physical measures such as locked filing cabinets and restricted access to offices and strategic measures such as security clearances and limiting access to a "need-to- know" basis.
25.   OFX makes every effort to ensure that our staff are aware of the importance of maintaining the confidentiality of Personal Information, however you acknowledge that authorised employees, agents, representatives and third parties may require access to your Personal Information in order to enable OFX to provide OFX’s service and we cannot accept responsibility for any unauthorised activities on their part.
26.     You acknowledge that no data transmission over the internet or the telephone can be guaranteed to be perfectly secure. Any Personal Information you submit to OFX or access electronically or over the telephone is done at your own risk. OFX does not guarantee or warrant the security of information transmitted in these ways. You acknowledge that third parties could unlawfully intercept your transmissions or may wrongly instruct you to disclose Personal Information while posing as OFX representatives.

Access 

27 If your Personal Information changes, or if you no longer desire OFX’s service, you may correct, update, amend, delete/remove, ask to have it removed from a testimonial on our site or deactivate it by making the change on your Edit Profile page or by emailing our Customer Support at compliance@OFX.com. We will respond to your request within a reasonable timeframe.      
28.    OFX will upon request and within 10 days of any such request allow you access to your Personal Information. The requested information shall be provided or made available in a form that is generally understandable.
29.        If you point out to OFX that any information held by OFX is inaccurate or incomplete, OFX will take appropriate action to amend the information as required and, if necessary, notify any third party of the correction.
30.       You acknowledge that there may be circumstances in which OFX may refuse access to some or all of your Personal Information, including where the provision of access would be too costly, the information may contain references to other individuals or for legal, investigative, security or commercial proprietary reasons.

Social Media Widgets

31.    The OFX website includes Social Media Features, such as the Facebook Like button, and Widgets, such as the Share This button or interactive mini-programs that run on the OFX website. These Features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy policy of the company
providing it.

Complaints

32.      OFX has procedures in place to receive and respond to complaints or inquiries about our policies and practices relating to the handling of Personal Information. For more information, see our Complaints Policy.
33.    OFX takes all complaints seriously and will investigate all complaints.
34.    OFX may update this Privacy Policy to reflect changes to OFX’s information practices. If OFX makes any material changes OFX will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the OFX website prior to the change becoming effective. OFX encourages you to periodically review this page for the latest information on OFX’s privacy practices. 

Contact

35.     If you have any queries about this Privacy Policy or any complaints about our privacy practices, please contact our Compliance Officer at privacy@ofx.com

44 th Edinburgh Tower, The Landmark
15 Queen’s Road
Central Hong Kong