Updated on 16th April, 2019
If you do not agree with these terms, please refrain from providing any Personal Data to us. If you refuse or withdraw your consent, or if you choose not to provide us with the required Personal Data, we may be unable to provide you with services that require access to certain Personal Data.
2. Meaning of Personal Data
Under the Ordinance in Hong Kong, it is defined as data relating directly or indirectly to a living individual, from which it is possible and practical to ascertain the identity of the individual from the said data, in a form in which access to or processing of the data is practicable; whilst under the Regulation in the European Union, "Personal Data" is defined as information by which a living individual may be identified.
Personal Data collected, used, stored and held by us are identified into groups as follows:
(a) Customer's identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time;
(b) Customer's contact information includes information such as e-mail address, billing address, delivery address, telephone number, and other information you have given to us for the purpose of communication or meeting;
(c) Transaction data includes details about payments or communications to and from you and information about products and services you have purchased from us;
(d) Technical data includes your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and version, operation system and platform and other technology on the devices you use to access our website.
Special Personal Data is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data, criminal convictions convictions and offences. We do not collect any special Personal Data about you.
3. Kitco respects your privacy
All Personal Data collected and held by us is protected in accordance with the requirements of the Ordinance and Regulation. This means Kitco will never willfully disclose individually identifiable information about its customers to any third party without a customer's consent.
4. Collection of Personal Data
In order to use certain services offered by us, it is necessary to first register on our website or to complete an application form.
We will collect adequate, but not excessive, Personal Data for lawful purposes directly related to its services.
We will not collect any Personal Data pertaining to individuals except when the Personal Data specifically and knowingly provided by such individuals.
5. Use of Data Gathered
We may use the Personal Data held about you to:
• verify your identity;
• process transactions;
• analyze customer trends and insights;
• help us improve our products and services and develop and market new products and services;
• manage the security of the website;
• notify you about any changes to any element of the website;
• prevent, detect and investigate fraud, security breaches, violations of law, and other misuse of the website;
• investigate or settle inquiries or disputes;
• comply with any applicable law, including but not limited to law relating to Anti-Money Laundering, court order or other judicial process; and
• use as otherwise required or permitted by law.
In particular, we use your Personal Data for the following purposes:
5.1 Performance of contractual obligations
We collect and maintain Personal Data that you voluntarily submit to us during your use of the website.
We use your Personal Data you have provided us with so that we can fulfil the supply of products and services you have ordered from our website, or in our shop(s). This includes your purchase of products, the processing of buy-back, and storage services of precious metals, etc.
5.2 Provision of customer support
Our website and our shop(s) allow you to request information about our products and services: these include telephone and e-mail enquiry service. Your contact information may be requested in each case, together with details of other Personal Data that is relevant to your enquiry.
We also use information you give us when you browse our website, including your IP address and device type and, if you choose to share with us, your location data, to improve our website and set default options for you (such as language and currency).
5.3 Legal compliance
We may use your Personal Data to comply with our legal obligations or to enforce our legal rights. For example, to comply with legal obligations imposed upon us such as a court order.
We will not reuse your Personal Data for a new purpose other than for what it was originally collected, unless the new use is compatible with the original purpose for which the Personal Data was collected, we have notified you of the new use and given you a reasonable opportunity to object to it, or the new use is otherwise permitted or required by law.
5.4 Direct Marketing
We intend to use your Personal Data for direct marketing of precious metal related products and services but cannot do so without your consent. As such, please note the following:
(a) the Personal Data used for this purpose includes your name, address, email address and phone number;
(b) the Personal Data provided by you will be used by us for the purpose of direct marketing, which will include offers, promotions, advertisements and surveys regarding precious metal related products and services and storage services of precious metals;
(c) the direct marketing materials described in sub-paragraph (b) may be provided directly by us, or by any of our parent companies, subsidiaries or other related entities;
(d) Personal Data may also be transferred to our parent companies, subsidiaries or other related entities for their use in providing you with the direct marketing materials described in sub-paragraph (b).
You may indicate your objection at any time if you do not wish for us to use your Personal Data for direct marketing as described above. To do so, please follow the opt-out procedure described below.
5.4.1 Opt-Out Features
We put control over communications directed to you. Every time we collect Personal Data about you, you can:
6. Legal basis
We collect and process your Personal Data based on one or more of the following legal basis:
• it is essential for us to perform a contract that you have entered into with us, or because it is necessary before entering into a contract (e.g. to provide you with the product or service that you have requested);
• you have given us consent to process your Personal Data for a specific purpose (e.g. to provide you information about our promotional material and offers);
• it is in our legitimate interest to use your Personal Data in such a way to ensure that we provide the very best products and services to you and our other customers;
• the processing is necessary for us to comply with our legal obligations;
• the processing is necessary for matter of great interest (e.g. processing that is necessary for government functions, statutory functions or the administration of justice); and/or
• the processing is necessary to protect your vital interests.
We have a legitimate business interest and sometimes a legal obligation to process Personal data in order to better understand our customers. To help ensure that we provide products and services that are most relevant to the interests of our customers.
7. Your rights
Unless subject to an exemption, you have the following rights with respect to your Personal Data:
7.1 Right of access
You have the right of accessing data we hold about you, but you will have to bear the necessary costs in accordance with the law. We will need you to prove your identity before we release any personal data to you.
7.2 Right to rectification
You have the right to request that we rectify or delete, without undue delay, any Personal Data that we hold about you (unless we have the legal right or obligation to retain it).
7.3 Right to restrict processing
You have the right to restrict the use of your Personal Data.
7.4 Right to erasure
You have the right to request your Personal Data be erased without undue delay.
7.5 Right to data portability
You have the right to obtain Personal Data we hold about you, in a structured, commonly used electronic format, and to transmit such data to another data controller without hindrance, where this is Personal Data which you have provided to us and if we are processing that data on the basis of your consent or to perform a contract with you.
7.6 Right to withdraw consent
You have the right to withdraw your consent to the processing at any time where we are relying on your consent as the legal basis for processing your Personal Data.
7.7 Right to object
You have the right to object to the processing of your Personal Data at any time where processing is based on legitimate interests, the performance of a task in the public interest/exercise of official authority, direct marketing and processing for the purposes of scientific/historical research and statistics.
7.8 Rights in relation to automated decision-making and profiling
You have the right not to be subject to a decision when it's based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you.
7.9 Right to change of preferences
You can change your data processing preferences at any time.
7.10 Right to lodge a complaint with the supervisory authority
If for any reason you do not satisfy the way that we have handled your Personal Data, please contact our Data Protection Officer. You also have the right to lodge a complaint with the Privacy Commissioner for Personal Data, Hong Kong.
To exercise any of the rights mentioned above, please write to our Data Protection Officer or send an e-mail to our Data Protection Officer.
If you ask us to stop processing your Personal Data in a certain way or erase your Personal data, and this type of processing or information is needed to facilitate your use of the Website or is required to enable us to provide you with a service (such as to manage your online account), you may not be able to use the Website or the service as you did before.
This does not include your right to object to direct marketing which can be expressed at any time without restriction. Please allow at least 3 working days for your request to action.
8. Use of site by minor
We do not sell products or provide services for purchase by minor who is under the age of 18, nor do we market to minor. We do not knowingly collect information from minor.
10. Storage of your Personal Data
We aim to protect your Personal Data by storing it on secure servers and by using reasonable technical and organisational security measures to safeguard your Personal Data from and to reduce the risk of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access controls. Please understand, however, that no system is perfect or can guarantee that unauthorised access or theft will not occur.
Where you have chosen a password, which enables you to access restricted areas of our website, you are responsible for keeping the password confidential. We ask you not to share your password with anyone.
Transmission of information via the internet is not completely secure. We will do our best to protect your Personal Data, but we cannot guarantee the security of data transmitted via the website; any transmission is therefore at your own risk. Once we have received your Personal Data, we will use strict procedures and security features (as mentioned above) to try to prevent unauthorised access.
We have security measures in place to protect the loss, misuse and alteration of the Personal Data under our control. All of our employees are aware of our security policies. Your Personal Data is made available only to selected employees who need to have access to it in order to complete your order.
10.2 Share your Personal Data
We do not sell, rent or otherwise trade your Personal Data with others (unless otherwise agreed by you). While most of our work is done by our employees who access your Personal Data, we do use third-party service providers to perform certain functions on our behalf. We will share your Personal Data with the following categories of third-party service providers:
• delivery and courier companies - to deliver products and process returns;
• governmental or regulatory authorities - to comply with certain legal obligations imposed upon us;
• IT supports companies - to resolve IT issues in order to provide the products and services that you have requested;
• data storage companies - to provide us with secure data storage and back-up; and
• analytics and search engine providers - to assist us in the improvement and optimism of the Website
We would also share your Personal Data with our parent company, subsidiaries, affiliated companies, or related companies for the purpose of processing transaction, conducting market research and data analysis, designing products/services for customers, and IT supports.
Such companies and individuals will only have access to the Personal Data needed to perform these functions, they may not use it for any other purposes and are required to process the Personal Data in accordance with the relevant data protection laws and regulations.
Please note that if we are requested by the police, government, regulatory, or other body investigating suspected illegal activities to provide your Personal Data and/or user details, we are entitled to do so.
10.3 Data may be processed outside Hong Kong and the European Union
We may also use outsourced services which may be provided by our associated companies or some entrusted third-party suppliers in country or territory outside Hong Kong and the European Union from time to time for the purposes outlined at Section 5 above. We would ensure such country or territory has an adequate level of protection of Personal Data, which has been or may be recognized by the European Union.
10.4 Period we keep hold of your Personal Data
We keep your Personal Data for as long as we need it to satisfy our business and legal requirements; normally this is no longer than 24 months after you cease holding a customer account. Once the Personal Data is no longer required, it is either deleted or anonymised.
11. Access to and Control over Personal Data
You can do the following at any time by emailing us at :
a) Inquire about what Personal Data we have about you.
b) Request access to any of your Personal Data.
c) Update, change or make corrections to your Personal Data.
d) Request that we delete any of your Personal Data.
e) Express any concerns that you have about our use of your Personal Data.
For security reasons, a faxed or scanned copy of photo identification document may be required to make certain changes.
13. Contacting us
Kitco (Asia) Ltd.
Floor 5L, Centre Mark II, 305-313 Queen's Road
Central, Hong Kong
Tel: +852 2827-7800
Fax: +852 2827-7899
Business Hours: Monday to Friday, 9:00 AM - 5:30 PM Hong Kong time