Privacy Policy for USMART APP (Registered Users)
Effective Date: August 16, 2024
USMART APP, which is operated by uSmart Securities Limited (hereinafter referred to as “uSmart Securities”, “we”, or “us”), is a platform of the functions including market data services (including browsing and querying Hong Kong stocks, US stocks and stock quotation) and stock transaction management for users (hereinafter referred to as “USMART APP”). We take the security of our users' personal information very seriously and need to collect your personal information due to your use of services and products provided by us, we shall take relevant safety protection measures in accordance with provisions of laws and regulations, so as to try our best commercially reasonable efforts to protect your personal information. For this purpose, this Privacy Policy (hereinafter referred to as this “Policy”) is hereby formulated. We remind you that:
This Policy applies to a variety of products and services of USMART APP adopted by you in any manner. Before using any product or service of USMART APP, please read over and actually understand this Policy. Don’t use relevant products or services until you have fully understood and agreed on this Policy. Once you start using any product or service of USMART APP, it shall be deemed that you have fully understood and agreed on this Policy. Where any product or service of our affiliated companies has made use of any product or service provided by USMART APP but fails to formulate any independent privacy policy, this Policy shall also apply to such product or service.
Please read this Policy carefully , as we will explain the types of your personal information collected by us as well as their corresponding purposes, so that you can better understand the types, reasons for use and collection methods of the detailed personal information collected by us for specific function. By clicking "Agree to this Policy" or checking a box with a similar meaning, or by actively logging in, confirming, agreeing, accepting, and using the Mobile Apps and related services provided by us, you agree to our collection, use, storage, sharing, transfer, and disclosure of personal information in accordance with this Policy (including updated versions).
This Policy will help you understand the following contents:
In order to provide services to you, maintain normal operation of the products and services of USMART APP, improve and optimize our service experience, and safeguard your account security, we will, for the purposes and in the manners stipulated herein, collect the information you provide initiatively and authorize to provide or that is provided based on your requirements when you register/use the products and services of USMART APP, as well as that is generated from your use of the services of USMART APP.
(1) When you run or use USMART APP, we may obtain the network access to your device.
(2) When you use your cell phone number and verification code to register with USMART APP, we will collect your cell phone number. Cell phone numbers are sensitive, and the reason that we collect such information is to complete the identity verification required before you can register and use any product and service of USMART APP.
(3) When you log in to USMART APP via WeChat, Weibo, Alipay, Apple ID or other third-party accounts, we will obtain your account avatar and nickname in such third-party accounts via third-party authorization services, and save the information to the storage server of USMART APP. The information will be used for managing your account for logging in to USMART APP. We will not disclose the above-mentioned information to any external party, nor will we use it for any other purpose than this function, unless you choose to do so or comply with the requirements of relevant laws and regulations.
(4) When you log in to the services without verification code, USMART APP will originate the Short Message Service (SMS) of your device. The short message to be sent by you may incur SMS tariff, which will be charged by your mobile network operator. USMART APP will not charge any SMS tariff. In case that you refuse to send the short message, you cannot to use the non-verification code login service provided by USMART APP; in such case, you can choose to log in with other login methods provided by USMART APP.
(5) When you register, upload certificate, edit your personal information, carry out live video and use other functions of USMART APP, if you adopt the "Photo" or “Video” mode under the “Camera” of your device, USMART APP will use the Camera permission of your device; if you adopt the "Selecting from Album" mode, USMART APP will use the Album permission and the folder read-write permission of your device. In case that you save useful pictures that you find on USMART APP to your Album, USMART APP will also use the Album permission and the folder read-write permission of your device. The photos and files uploaded by you will be stored in our server, since this function cannot be realized without storage. Besides, USMART APP will use the Sound permission of device. The voice message uploaded by you will be stored in our server, since this function cannot be realized without storage.
(6) When you use the live video, video playback and other similar functions of USMART APP, USMART APP will use the Floating Window permission, flash lamp and notice of your device, to open/close the permission. If you disagree on the above-mentioned content, you may not be able to play videos, but this will not affect your use of other services of USMART APP.
(7) When you choose to contact the Customer Service via USMART APP, we need to use the Calling permission of your device to make a call. If you disagree on the above-mentioned content, you need to directly call the customer service phone of USMART APP via your device.
(8) When you use the reminder function of USMART APP quotation system, major event reminder function or other similar functions, USMART APP will use the Calendars permission of your device, so that you can obtain relevant information in a timely manner. If you refuse the access, you cannot use the reminder function, but this will not affect your use of other services of USMART APP.
(9) When you carry out internal page interaction (e.g., clicking button) via USMART APP, USMART APP will use the Vibrate permission of your device. If you fails to accept the above-mentioned content, you will not receive vibration feedback from your device, and this will not affect your use of other services of USMART APP.
(10) For the purpose of guaranteeing you the normal availability to and use of the rights and services related to quotation, we will carry out validity recognition of territory or account on the IP address, third-party account and avatar, nickname and similar information provided by you. If you disagree on the above-mentioned content, it may influence the validity recognition of territory or account, thus influencing the rights and services related to quotation to be available to and used by you.
(11) When you access the account opening function of a broker via USMART APP, USMART APP will use the Camera permission and Sound permission of your device; if your refuse to offer the Camera permission and Sound permission, you cannot normally complete the account opening procedure. As required by brokers and applicable laws, when you apply to open an account via USMART APP, you must submit the photo of the front and back of your ID certificate, your bareheaded photo, your mailing address, the organization where you work, your occupation and position, and other similar information. If you disagree on the above-mentioned content, you cannot open an account, but this will not affect your use of other services of USMART APP.
(12)When you access the account opening function of a broker via USMART APP, USMART APP will use the NFC read-write permission of your device to read the NFC anti-counterfeit label of your device. If you refuse to offer the NFC read-write permission, you cannot normally complete the account opening procedure.
(13)During its operation, USMART APP will read IMEI, MAC address and Android ID, for the purpose of helping us confirm that your device is unique and guaranteeing the data security of USMART APP.
(14)When you share pictures or URLs to any other third-party Apps (e.g., WeChat, QQ, Alipay, and etc.) via USMART APP, USMART APP will read the list of your APPs to confirm whether the target third-party App with which you intend to share have been installed in your device.
(15) When you use USMART APP, in order to allow you to use our services normally and to improve and optimize our service experience, and to guarantee the security of your account, we will collect information related to both the services you use and your usage mode, and correlate the information. Such information includes:
(16)When you upgrade your USMART APP APP, we will use the Application Installation permission of your device. For the purpose of guaranteeing normal upgrading, we will also use the Installation Channel Tracking permission of your device. If you disagree on the above-mentioned content, you cannot upgrade your APP; in such case, you may not be able to use the updated function of the APP or the updated service of USMART APP, and you may not be able to normally use your USMART APP.
Please understand that we will update and improve the functions and services provided by us to you, from time to time. If certain function or service that is not listed in the foregoing clause has collected your information, we will explain the content, scope and purpose of such information collection to you separately, in the manner of page prompts, interactive processes, website announcements, and etc.
We may obtain relevant information that you have authorized for sharing from related parties or third-party partners. We will collect and use such information in accordance with the provisions of relevant laws and regulations, and the agreements between us and the related parties or third-party partners, provided that such information provided by them is from legitimate sources.
The above-mentioned information provided by you may contain sensitive personal information, e.g., your bank account No., your transaction records, information about your virtual property, your system account No., your email addresses and their passwords, your phone number, your web browsing history, and your locational information. Please pay attention to such sensitive personal information. You agree that we may process your sensitive personal information for the purposes and in the manners stipulated in this Policy.
For the purpose of providing services to you, improving service quality and providing safe, smooth and efficient experience to you, we will use your authorized personal information to implement the functions of the APP based on the intents and purposes set forth in this Policy for the following purposes, under the premise of strictly complying with the provisions of laws and regulations, this Policy and other agreements between you and us:
If we use your personal information for any purpose other than that we state upon collection or beyond the directly or reasonably related scope, we will, before using your personal information, notify you again and obtain explicit consent from you.
In addition, we may, without obtaining your authorization or consent, collect and use your personal information in any of the following conditions in accordance with relevant laws and regulations of Hong Kong Special Administrative Region:
(1) Where the personal information is related to the fulfillment of laws, regulations and supervisory rules;
(2) Where the personal information is related to national security, national defense security or other national interests;
(3) Where the personal information is related to public security, public health, public right to know, or other major public interests;
(4) Where the personal information is directly related to criminal investigation, prosecution, justice, and execution of judgment, and etc.;
(5) For the purpose of safeguarding your or other individuals’ legitimate rights and interests (e.g., life, property, reputation), but it’s difficult to obtain your consent;
(6) The personal information disclosed by you to the public;
(7) The personal information collected from the source of legally and publicly disclosed information, e.g., legal news coverage, government information publicity;
(8) Where the personal information is necessary for signing and performing the contract, as required by you;
(9) Where the personal information is necessary for maintaining the safe and stable operation of the products or services provided by us, e.g., finding or handling faults of the products or services;
(10) Where the personal information is necessary for legal news coverage;
(11) Where the personal information is necessary for carrying out statistics or academic research for the purpose of public advantages, and before providing result of such academic research or describing the result to external parties, the de-identification treatment has been done for the personal information contained in the result; and
(12) Other conditions stipulated by laws and regulations.
You acknowledge and agree that after collecting personal information, we may de-identify the information through technical means, and the de-identified information will not identify you personally, in which case we may use the de-identified information to analyze and commercially exploit the database without obtaining your consent. All personal information provided by you when using the Mobile Apps will continue to be authorized for our use unless you delete it or refuse to allow us to continue collecting it through your device's system settings.
III. How we use Cookie
In order to offer you easier access experience, when you use products or services of USMART APP, we may collect and store your data related to your access to USMART APP, by a variety of technologies, so that when you access or re-access USMART APP, we could identify you and offer you better and more services based on data analysis, including identifying you through small-scale data files. We collect such data to understand how users use our services, so that users will not be required to re-type their account information and we can determine whether your account is secure. These data files may be Cookies, Flash Cookies, or other local storage provided by your browser or related applications (collectively referred to as "Cookies"). We will not use Cookies for any purpose not stated in this Policy. You can manage or delete Cookies based on your own preferences. For details, please visit AboutCookies.org. You can delete all the Cookies stored on your computer, and most web browsers provide the option of blocking Cookies. However, by doing so, you may not be able to use the functions of USMART APP that rely on Cookies in some cases, and you have to change the user settings every time you visit our website.
Except any of the following cases, we will not share your personal information with any company, organization or individual other than the service supplier of USMART APP:
(1) Sharing your personal information with your consent: After obtaining your explicit consent, we will share your personal information with other parties.
(2) Sharing your personal information under legal circumstances: We may share your personal information as required by laws and regulations, or according to lawsuit/dispute resolution or legal requirements by administrative agencies or judiciary authorities.
(3) It’s necessary to share your data (e.g., your IDFA, network identity identifier. IP address, IMEI, MAC address or other relevant information), so that we can provide the third-party products and services required by you, or carry out data analysis or research for USMART APP, or improve our products and services. At present, third-party SDK services that we access mainly include the following types:
Relevant parties are in charge of operation of these third-party services, which shall be subject to the service terms and message protection statement of such third parties (not this Privacy Policy). To obtain an understanding of device permission types called by such third-party SDK, and how your personal information is collected and used, it’s suggested that you shall refer to relevant service agreement and privacy policy of third-party SDK. For further information related to the third-party SDK that we access, please refer to the Third-party SDK List of USMART APP.
(4) If you are complained by others or you complain others, we will submit the information related to such complaints, e.g., your identity information to relevant supervisory authorities, for solving such complaints or disputes, unless expressly prohibited by laws and regulations.
(5) Exchanging information with other companies and organizations for the purpose of complying with laws, executing or applying the conditions of use of our services or other agreements, preventing fraud or other illegal activities, or reducing credit risk.
(6) Sharing your personal information with our affiliated companies: We may share your personal information with the affiliated companies of uSmart Securities. We will only share necessary personal information, and will be bounded by the purposes stated in this Policy. Where any of our affiliated companies intends to modify the processing intent of your personal information, it will re-ask for your authorization and consent.
(7) Sharing with the partners authorized by us: Only for the purpose of fulfilling the purposes stated in this Policy will some of our services be provided by the partners authorized by us. We may share some of your personal information with such partners, so as to provide better customer services and user experiences to you. For example, when you participate in any rewards event provided by us, for the reason of granting rewards or arranging our partners to provide services to you, we must share your personal information with the partners. We will only share your personal information for legal, proper, necessary, special and explicit purposes, and will only share the personal information required for providing the services to you. Our partners shall have no right to use the personal information shared by us for any other purpose.
(8) Sharing with third parties in accordance with the Registration Agreement of this software or relevant provisions between you and us.
(9) Other provisions related to information sharing between you and us.
We will sign strict confidentiality agreements with the companies, organizations and individuals with whom we share personal information, requesting them to process personal information according to our instructions, this Policy or any other relevant measures related to confidentiality and security.
Except any of the following cases, we will not actively transfer your personal information:
(1) Where the relevant operations have been explicitly agreed by you in advance;
(2) In case of merger, acquisition or bankruptcy liquidation that involves personal information transfer, we will request the new companies and organizations that hold your personal information to be bounded by this Privacy Policy; otherwise, we will request such companies and organizations to re-ask for your authorization and consent.
(3) Other conditions that require the transfer of your personal information pursuant to provisions of laws and regulations or requirements of competent authorities.
We will only publicly disclose your personal information in the following cases:
(1) After obtaining your explicit consent;
(2) Public disclosure based on laws: As required by laws, legal procedures, lawsuits or under mandatory requirements of government authorities, we may publicly disclose your personal information;
(3) If we confirm that you have violated laws or regulations or have seriously violated relevant protocol rules of USMART APP, or for the purpose of protecting the property safety and personal safety of users of uSmart Securities (and its affiliated companies) as well as the public against personal injuries or property damages, we may, with obtaining consent from you, disclose your personal information according to laws or regulations or relevant protocol rules of USMART APP, including relevant illegal behaviors and measures that USMART APP has taken on you.
(1) Where the personal information is related to the fulfillment of laws, regulations and supervisory rules;
(2) Where the personal information is related to national security or national defense security;
(3) Where the personal information is related to public security, public health or major public interests;
(4) Where the personal information is related to criminal investigation, prosecution, justice, and execution of judgment, and etc.;
(5) For the purpose of safeguarding your or other individuals’ legitimate rights and interests (e.g., life and property), but it’s difficult to obtain your consent;
(6) The personal information disclosed by you to the public;
(7) The personal information collected from the source of legally and publicly disclosed information, e.g., legal news coverage, government information publicity;
(8) Please be noted that sharing and transfer of anonymous personal information in accordance with the laws does not belong to external sharing, transfer or public disclosure of personal information, provided that the receiving party cannot recover such personal information nor re-identify subjects of such personal information. We will not further notify you of the storage or processing of such anonymous data, nor will we obtain your consent for the same.
We will take a variety of precautions to safeguard your personal information against loss, theft and misuse and unauthorized access, disclosure, alteration and destruction. To protect your personal information, we have formulated strict information security regulations and processes, and our special information security team will strictly implement the foregoing measures within our Company.
We will take reasonable and practicable measures to guarantee that no irrelevant personal information will be collected. We will retain your personal information for no longer than the period that is necessary for the purposes stated in this Policy, unless the extension of the retention period is required or permitted by law.
The Internet is not absolutely secure, and your emails, instant messaging tools and your exchange with other users of USMART APP are unencrypted, so we strongly suggest you shall not send any personal information in any of such ways.
We will establish emergency response plans; in case of any security incident, e.g., personal information leakage, we will activate the emergency response plans, to prevent such security incident from spreading. We will inform you of the information related to such incident by email, mail, phone call, push notification and etc. in a timely manner. In case that it is difficult to inform each personal information agent, we will take reasonable and effective measures to release announcements. The Internet is not 100% secure. In spite of these security measures, please be noted that there is no "perfect security measure" on the Internet, but we will try our best to ensure the security of your information.
(1) To abide by relevant provisions of applicable laws and regulations;
(2) To abide by the provisions of court decision, ruling or other legal procedures;
(3) To abide by requirements by relevant government agencies or organizations of legal authorization;
(4) Purposes reasonably necessary for fulfilling relevant service agreements or this Policy, protecting social and public interests, protecting personal and property safety or other legitimate interests of our customers, our Company or our affiliated companies, other users or our employees.
VII. Your right to manage your personal information
(1) Accessing your account information. If you hope to access or edit personal information in your account, change your password, add security information or close your account, you can perform the operation by accessing [USMART APP - Settings - Account & Security]; meanwhile, you can access or view your search history at the search box of USMART APP; and
(2) Modifying your personal information. You can also perform the operation by accessing [USMART APP - User Account Avatar - Settings – Personal Information].
(3) Close account:
After you close your account, we will retain your relevant information in accordance with the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and other relevant laws and regulations. Your personal information will be deleted or anonymized after the legal retention period has expired. If you wish to continue to use the services of USMART APP, you will need to re-register a USMART APP account.
(4) Reporting community comments. If you think the comments in U Market community may involve illegal information such as fraud or other situations that need to be reported, you can close the comments by clicking the Report function of the button in the upper right corner of the comments. Please note that after you close your account, delete the data of the application, or uninstall and reinstall the application, the above operations will not be retained.
VIII. How we protect information about minors
We attach great importance to the protection of minors’ personal information. In accordance with the provisions of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and other relevant laws and regulations, if you are a minor under 18 years old, it’s suggested that you shall not submit any of your personal information until your parent or guardian has read over this Policy and they have agreed on such submission. Meanwhile, it’s suggested that you shall use our service under your parent’s or guardian’s guidance; otherwise, you must stop submitting any information immediately and notify us as soon as possible, so that we can take effective measures. In addition, we will only use or disclose information about minors to the extent permitted by the laws and regulations, with express consent of your parent or guardian, and as necessary for protecting your interests. If you are parent or guardian of a minor, in case that you have any question related to the personal information of the minor in your guardianship, please contact us according to the contact information stipulated in the first page or Article XIV of this Policy.
You could share the information (e.g., texts and photos you share publicly in the Discussion Zone of USMART APP) related to you with your friends, your families and other users, via our services. You could control the extent of the information to be shared by you, through the Privacy Settings in our services, or you could delete the information that you have shared publicly, through the Settings in our services or according to our guidance. However, please be noted that the information shared by you may be independently saved by other users or non-related third parties not under our control.
XII. How we update this Policy
We will update this Policy in a timely manner, as required by relevant laws and regulations, in case of change in our businesses or under other necessary situations. Without your explicit consent, we will not reduce any of your rights to which you are entitled in accordance with this Policy. We will announce any modification to be made by us to this Policy on this page, and notify you of the updated policy by releasing it on our official website or in any other proper way for you to receive notices. In such case, your continued use of our services shall be deemed that you agree to be bound by the revised and updated policy.
XIII. Scope of application of this Policy
XIV. How to contact us
If you have any question, comment or suggestion on this Policy or our data processing, please contact us by sending email to cs@usmart.hk, or by sending mail to us at the following address:
uSmart Securities Limited
Customer Service Department
Address: Unit 2606, 26/F, FWD Financial Centre, 308 Des Voeux Road, Sheung Wan, Hong Kong
Email Address: cs@usmart.hk
This Policy shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China (including but not limited to the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and the Securities and Futures Ordinance (Chapter 571 of the Laws of Hong Kong)). Any disputes or other legal proceedings related to this Policy shall be submitted to the competent courts of Hong Kong, which shall have non-exclusive jurisdiction.