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Privacy Policy
1. Our Commitment to Your Privacy
Our registered address is FLAT/RM 519, 5/F, EAST OCEAN CENTRE, 98 GRANVILLE ROAD, TSIM SHA TSUI, KL, Hong Kong. We are the data controller for the information we process, unless otherwise stated.
This Policy is designed to be compliant with the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong ("PDPO"). By accessing or using our Services, you signify your understanding of and agreement with the terms of this Privacy Policy. If you do not agree with any part of this Policy, please do not use our Services.
2. Scope of This Policy
● Website Visitors: Individuals who browse our website.
● MSO Service Users: Individuals or entities who register for and use our remittance and payment services.
● Advertising Service Clients: Business clients who engage us for digital advertising and marketing services.
● Business Partners and Vendors: Individuals and entities who work with us to provide or support our Services.
3. The Information We Collect
3.1. Information You Provide to Us Directly (The information we collect may be updated to comply with legal and regulatory requirements)
● Account Registration Information: When you create an account for any of our Services, we may collect your name, email address, phone number, company name (if applicable), and a password.
● Communication Information: When you contact us via email at [email protected], through our website forms, or by other means, we collect the content of your communications and any information you choose to provide.
● Information for MSO Service Users (Required for Legal Compliance):
Due to the regulated nature of our MSO Services and our obligations under Anti-Money Laundering and Counter-Financing of Terrorism (AML/CFT) laws, we are required to collect and verify detailed personal and financial information. This includes, but is not limited to:
● Identity Information: Your full legal name, date of birth, gender, and nationality.
● Contact Information: Your residential address and proof of address (e.g., utility bill, bank statement).
● Identification Documents: A copy of your government-issued identification, such as a Hong Kong Identity Card (HKID), passport, or national ID card.
● Financial Information: Information about your source of funds, bank account details (account number, bank name), and reason for the transaction.
● Transaction Details: Information about the remittance, including the amount, currency, and purpose of the transfer.
● Recipient Information: The full name, address, and bank account details of the person or entity receiving the funds.
● For Corporate Users: We may also collect business registration certificates, articles of incorporation, register of directors, register of shareholders, and information to identify the Ultimate Beneficial Owners (UBOs).
● Information for Advertising Service Clients:
● Business Information: Company name, business address, industry, and information about your products or services.
● Client Materials: Brand assets, logos, creative materials, customer data (subject to a separate Data Processing Agreement), and access credentials to your advertising platform accounts (e.g., Google Ads, Meta Business Suite).
● Campaign Objectives: Information about your marketing goals, target audience, budget, and performance expectations.
3.2. Information We Collect Automatically
When you use our website or online platform, we automatically collect certain technical and usage information:
● Log and Usage Data: We collect information about your interactions with our Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to our Services.
● Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, and unique device identifiers.
● Cookies and Similar Tracking Technologies: We use cookies, web beacons, and similar technologies to operate and improve our website, understand user behavior, and for advertising purposes. For more details, please see Section 11 on "Cookies and Tracking Technologies."
3.3. Information We Collect from Third Parties
● Identity Verification Services: For our MSO Services, we may use third-party services to verify your identity and to conduct sanctions and politically exposed person (PEP) screening to comply with our legal obligations. These services may provide us with confirmation of your identity based on the information you provided.
● Financial Institutions: We may receive information from our banking partners or payment processors related to your transactions.
● Advertising Platforms: When managing campaigns for our Advertising Service clients, we collect performance data and analytics from platforms like Google, Meta, TikTok, and LinkedIn.
4. How We Use Your Information
● To Provide, Maintain, and Improve our Services:
● To operate our platform, create and manage user accounts, and process transactions.
● To develop new features and improve the functionality and user experience of our Services.
● For MSO Services:
● To verify your identity and perform due diligence as required by AML/CFT regulations.
● To process your remittance and payment transactions accurately and securely.
● To monitor transactions for fraud, sanctions violations, and other illicit activities.
● To manage risk and ensure the security of our platform and our users.
● For Advertising Services:
● To develop and execute digital advertising strategies and campaigns on your behalf.
● To manage your advertising budget and optimize campaign performance.
● To provide you with performance reports, analytics, and insights.
● For Communication:
● To send you transactional communications, including account confirmations, transaction receipts, security notices, and support messages.
● To respond to your comments, questions, and requests for customer service.
● To send you marketing communications about our products and services, subject to your opt-out rights.
● For Legal, Safety, and Security Purposes:
● To comply with our legal and regulatory obligations, including reporting to authorities as required.
● To enforce our Terms of Service and other policies.
● To protect the rights, property, and safety of our company, our users, and the public.
5. Our Legal Basis for Processing Information
● Performance of a Contract: We process your data when it is necessary to fulfill our contractual obligations to you (e.g., processing a remittance transaction or managing an ad campaign as per our agreement).
● Legal Obligation: We process your data to comply with our binding legal and regulatory obligations, most notably the AML/CFT requirements for our MSO Services.
● Legitimate Interests: We process your data for our legitimate business interests, such as improving our Services, preventing fraud, and for direct marketing, provided that these interests are not overridden by your rights and interests.
● Consent: Where required by law, we will obtain your consent to process your information, for example, for using non-essential cookies or sending certain marketing emails. You can withdraw your consent at any time.
6. How We Share and Disclose Information
● With Service Providers and Vendors: We share information with third-party vendors, consultants, and other service providers who need access to such information to carry out work on our behalf. This includes hosting providers, analytics companies, IT support, and marketing automation platforms.
● With Financial Partners (for MSO Services): To process your transactions, we must share information with correspondent banks, payment network operators, and other financial institutions involved in the payment chain.
● With Regulatory and Law Enforcement Authorities: We are required to share information with the Hong Kong Customs and Excise Department, law enforcement agencies, courts, and other government authorities when compelled by law, subpoena, or other legal process.
● For Advertising Services: We may share campaign performance data and reports with you, our client. We will not share your confidential business information or Client Materials with other clients.
● In Connection with a Business Transfer: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
● With Your Consent: We may share your information with other third parties when we have your explicit consent to do so.
7. International Data Transfers
When we transfer your data internationally, we take steps to ensure it is protected in a manner that is consistent with Hong Kong's data protection laws. We will only transfer data to jurisdictions that have adequate data protection laws or where the recipient is bound by legally enforceable obligations (e.g., through contractual clauses) to provide a standard of protection that is comparable to that under the PDPO.
8. Data Security
● Encryption: Using Secure Socket Layer (SSL) and transport layer security (TLS) to encrypt data in transit.
● Access Controls: Limiting access to personal data to authorized employees and contractors who have a legitimate business need to know.
● Regular Audits: Conducting regular security assessments and vulnerability testing of our systems.
However, please be aware that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
9. Data Retention
For our MSO Services, we are legally required under the AML/CFT Ordinance to retain all records, including identity verification data and transaction details, for a period of at least six (6) years after the end of our business relationship with you or after the date of a particular transaction.
For Advertising Services, we will retain client data for the duration of our engagement and for a reasonable period thereafter to address any follow-up inquiries or for our own record-keeping.
10. Your Data Protection Rights and Choices
● Right to Access: You have the right to request a copy of the personal data we hold about you.
● Right to Correction: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.
● Opt-Out of Marketing Communications: You can opt out of receiving promotional emails from us at any time by following the unsubscribe instructions included in those emails. Please note that you may still receive essential transactional or administrative messages from us.
● Cookie Choices: You can manage your cookie preferences through your browser settings. Please see our Cookie section below for more details.
To exercise any of these rights, please contact our Data Protection Officer at [email protected]. We will respond to your request in a timely manner and in accordance with applicable law. We may need to request specific information from you to help us confirm your identity.
11. Cookies and Tracking Technologies
● Strictly Necessary Cookies: These are essential for the website to function and cannot be switched off. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences or filling in forms.
● Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site.
● Functional Cookies: These enable the website to provide enhanced functionality and personalization.
● Advertising Cookies: These may be set through our site by our advertising partners to build a profile of your interests and show you relevant adverts on other sites.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
12. Children's Privacy
13. Links to Other Websites
14. Changes to This Privacy Policy
15. Contact Us
PAN-ASIA PAYMENT COMPANY LIMITED
Attn: Data Protection Officer
FLAT/RM 519, 5/F,
EAST OCEAN CENTRE,
98 GRANVILLE ROAD,
TSIM SHA TSUI, KL
Hong Kong
Email: [email protected]
Terms of Service
1. Introduction and Acceptance of Terms
Welcome to PAN-ASIA PAYMENT COMPANY LIMITED. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PAN-ASIA PAYMENT COMPANY LIMITED ("Company," "we," "us," or "our"), a company registered in Hong Kong with its address at FLAT/RM 519, 5/F, EAST OCEAN CENTRE, 98 GRANVILLE ROAD, TSIM SHA TSUI, KL.
These Terms govern your access to and use of our website, our digital advertising services ("Advertising Services"), and our money transfer and payment services ("MSO Services"), collectively referred to as the "Services."
By accessing our website, creating an account, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any part of these Terms, you must not use our Services.
If you are using the Services on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" will refer to both you as an individual and that Organization.
2. Definitions
● "Advertising Services" refers to the suite of digital advertising and marketing solutions we provide to business clients, including but not limited to strategy development, campaign management, media buying, creative services, and performance analytics.
● "MSO Services" refers to the money remittance, currency exchange, and other payment services provided by the Company under its Money Service Operator License issued by the Hong Kong Customs and Excise Department.
● "User Account" or "Account" means the account you create on our platform to access and use the Services.
● "Intellectual Property" means all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights, and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world.
● "AML/CFT" stands for Anti-Money Laundering and Counter-Financing of Terrorism.
3. Eligibility and User Account
To be eligible to use our Services, you must be at least 18 years old and have the legal capacity to enter into a binding contract.
To access most features of our Services, you must register for a User Account. You agree to:
a) Provide true, accurate, current, and complete information about yourself or your Organization as prompted by the registration form.
b) Maintain and promptly update your information to keep it true, accurate, current, and complete.
c) Maintain the security and confidentiality of your password and any other account credentials.
d) Be solely responsible for all activities that occur under your Account. You must notify us immediately at [email protected] of any unauthorized use of your Account or any other breach of security.
We reserve the right to refuse registration, suspend, or terminate your Account at our sole discretion if we suspect that you have provided inaccurate information or have violated any of these Terms.
4. Terms for Advertising Services
This section applies specifically to clients engaging our Advertising Services.
4.1. Scope of Services & Proposals: We will provide Advertising Services as outlined in a specific proposal, statement of work, or service agreement ("Proposal") agreed upon between you and the Company. The Proposal will detail the scope, duration, fees, and specific deliverables. In case of any conflict between these Terms and a Proposal, the terms of the Proposal shall prevail.
4.2. Client Obligations: You agree to cooperate fully with us to facilitate the provision of the Advertising Services. This includes providing, in a timely manner, all necessary assets, data, brand guidelines, access to advertising accounts, and product information ("Client Materials"). You are responsible for ensuring that all Client Materials are accurate and that you have all necessary rights and licenses to provide them to us for use in the campaigns.
4.3. Approvals and Creatives: We will seek your approval for key campaign strategies and significant creative assets before public launch. If you do not provide feedback or approval within the timeframe specified in our request, we may, at our discretion, proceed with the campaign as planned or pause the campaign until we receive your feedback.
4.4. Payment for Advertising Services: You agree to pay all fees as specified in the agreed-upon Proposal. This may include management fees for our services and a separate budget for media spend payable directly to platforms like Google or Meta. Invoices are payable upon receipt unless otherwise stated. Late payments may result in the suspension of services and may accrue interest at a rate of 1.5% per month or the highest rate permitted by law.
4.5. Disclaimers: We will make every reasonable effort to achieve your campaign goals. However, we do not guarantee specific results, such as a particular number of clicks, conversions, or a specific Return on Ad Spend (ROAS). The success of advertising campaigns is subject to many external factors beyond our control, including market competition, platform algorithm changes, and consumer behavior.
5. Terms for MSO Services
This section applies specifically to users of our MSO Services for remittance and payments.
5.1. Compliance with Laws: Our MSO Services are provided in strict compliance with the Hong Kong Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) and other applicable regulations. By using our MSO Services, you agree to comply with all applicable laws and regulations.
5.2. Identity Verification (KYC/CDD): To use our MSO Services, you must provide us with certain personal information for the purpose of identity verification (Know-Your-Customer or KYC) and Customer Due Diligence (CDD). This may include, but is not limited to, your full name, address, date of birth, government-issued identification document, and proof of address. For corporate users, we may require business registration documents, director information, and ultimate beneficial owner details. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. We reserve the right to refuse service, suspend, or terminate your account if you fail to provide the required information or if we cannot verify your identity to our satisfaction.
5.3. Transaction Processing:
● Accuracy of Information: You are solely responsible for providing accurate and complete information for each transaction, including the recipient's full name, bank account details, and any other required information. We are not liable for any losses resulting from your provision of inaccurate information.
● Processing Times: We will make every reasonable effort to process your transactions promptly. However, processing times are estimates and are not guaranteed. Delays may occur due to factors beyond our control, including checks required for compliance, the operating hours of correspondent banks and financial institutions, public holidays in the destination country, and system availability.
● Exchange Rates: The foreign exchange rate applied to your transaction will be a variable rate that changes. The rate provided at the time of your transaction request will be clearly displayed. By proceeding with the transaction, you agree to the specified exchange rate.
5.4. Transaction Limits and Refusal of Service: We may, at our sole discretion, impose limits on the amount and frequency of transactions you can conduct. We also reserve the right to refuse to process any transaction or suspend your access to the MSO Services if we believe the transaction:
a) Violates these Terms or any applicable law.
b) Is fraudulent, suspicious, or related to any illegal activity, including money laundering or terrorist financing.
c) Involves a sanctioned individual, entity, or country.
d) Exceeds any applicable transaction limits.
e) Poses an unacceptable level of risk to our business.
5.5. Prohibited Activities for MSO Services: You agree not to use our MSO Services for any of the following:
● Any activity that is illegal in Hong Kong or the jurisdiction where you or the recipient resides.
● Funding of illegal organizations, terrorism, or the purchase of illegal goods and services.
● Fraud, scams, or any deceptive practices.
● Any activity that infringes on the intellectual property rights of others.
6. Fees and Payment (General)
You are responsible for all fees associated with your use of the Services. For MSO Services, applicable fees and exchange rates will be disclosed to you prior to you confirming a transaction. For Advertising Services, fees will be governed by the applicable Proposal. You authorize us to charge your designated payment method for all applicable fees.
7. Intellectual Property Rights
7.1. Our IP: All rights, title, and interest in and to the Services, our website, our platform, and all content therein (excluding Client Materials), including all related Intellectual Property rights, are and will remain the exclusive property of PAN-ASIA PAYMENT COMPANY LIMITED and its licensors.
7.2. Your IP: For Advertising Services clients, you retain all ownership rights to your Client Materials. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your Client Materials solely for the purpose of providing the Advertising Services as outlined in the Proposal.
8. Confidentiality
For users of our Advertising Services, we may exchange confidential information. "Confidential Information" means any information disclosed by one party to the other which is designated as confidential or which should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Both parties agree to use the other's Confidential Information only for the purpose of fulfilling their obligations under these Terms and any Proposal, and to not disclose it to any third party without prior written consent, except as required by law.
9. Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.
10. Disclaimers and Limitation of Liability
10.1. Disclaimer of Warranties: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAN-ASIA PAYMENT COMPANY LIMITED, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
(C) ANY CONTENT OBTAINED FROM THE SERVICES; OR
(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PAN-ASIA PAYMENT COMPANY LIMITED EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless PAN-ASIA PAYMENT COMPANY LIMITED and its directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
a) Your use of and access to the Services.
b) Your violation of any term of these Terms.
c) Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
d) Any claim that your content or materials caused damage to a third party.
12. Term and Termination
These Terms will remain in full force and effect while you use the Services.
We may suspend or terminate your Account and your access to the Services at any time, for any reason, without notice, including for any breach of these Terms. You may terminate your account at any time by contacting us, but you will remain liable for all obligations related to your Account even after it is closed.
Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of the Hong Kong Special Administrative Region.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.
15. General Provisions
● Entire Agreement: These Terms, together with our Privacy Policy and any applicable Proposal, constitute the entire agreement between you and PAN-ASIA PAYMENT COMPANY LIMITED concerning the Services.
● Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
● No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
● Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
● Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
● Notices: Any notices or other communications provided by us under these Terms will be given: (i) via email; or (ii) by posting to the website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
16. Contact Information
If you have any questions about these Terms, please contact us at:
PAN-ASIA PAYMENT COMPANY LIMITED
FLAT/RM 519, 5/F,
EAST OCEAN CENTRE,
98 GRANVILLE ROAD,
TSIM SHA TSUI, KL
Hong Kong
Email: [email protected]