Thousand Whales Privacy Policy

Thousand Whales Technology (BVI) Limited (“Thousand Whales”) provides an online trading platform through its website(s) www.xwhale.com to be launched from time to time (collectively known as the “xWhale Platform”) on which Thousand Whales provide its products and services.

Thousand Whales and its affiliates (hereinafter referred to as “Thousand Whales”, “we” “us” or “our“) is committed to protecting the privacy, confidentiality, and security of the personal data held by Xwhale Platform complying with the requirements of applicable personal data protection law of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“PDPO”) with respect to the collection, use and management of personal data. In doing so, Thousand Whales is equally committed to ensuring that all its employees and agents uphold these obligations.

This Privacy Policy (“Privacy Policy“) describes:

the personal data which Thousand Whales will collect or process,
how personal data will be used, shared and protected, and
your rights in relation to personal data, including the right to make data access and correction requests.

Personal data will be collected only for lawful and relevant purposes and all practicable steps will be taken to ensure that personal data held by Thousand Whales is accurate. Thousand Whales will use your personal data which Thousand Whales may from time to time collect in accordance with this Privacy Policy.

Thousand Whales reserves the right from time to time to revise this Privacy Policy. Where any changes to this Privacy Policy are material, Thousand Whales will notify you using the contact details which you have provided Thousand Whales and by updating and issuing the new version on its website. Thousand Whales has the right to decide whether or not to notify you by using the contact details you have provided to Thousand Whales. You are advised to check the Privacy Policy periodically and pay attention to its revision. After the publication of the new version of this Privacy Policy, your continued use of the Thousand Whales website or your continued relationship with Thousand Whales shall be deemed to be acceptance of and consent to this updated Privacy Policy, as amended from time to time.

Thousand Whales will take reasonable and practicable steps to ensure the security of your personal data and to avoid unauthorised or accidental access, erasure or use for other purposes. This includes physical, technical, and procedural security methods, where appropriate, to ensure that your personal data may only be accessed by authorised personnel.

Please note that if you do not provide Thousand Whales with personal data (or relevant personal data relating to persons appointed by you to act on your behalf), Thousand Whales may not be able to provide the information, products or services you have asked for or process your requests, applications, subscriptions or registrations, as applicable.

If you have any questions about this Privacy Policy or how Thousand Whales uses your personal data, please contact Thousand Whales through the communication channels set out in the “Contact Thousand Whales” section below.

Collection of personal data

Personal data may be collected from you on a voluntary basis for particular purposes or services. Your personal data are collected and held by Thousand Whales as explained below:


Investors	When you apply, subscribe and register for Thousand Whales products and services or make enquiries to Thousand Whales, we will collect personal information about you so that we can process your application, subscription and registration including but not limited to your name, telephone number, mobile phone number, address, email address, facsimile number, gender, date of birth, age, job title, interests and other information you provide via the Thousand Whales website or any other means. We will collect information including but not limited to the below to process your job application with Thousand Whales: your personal details, including your name, telephone number, mobile phone number, address, email address, facsimile number and language proficiency; your education background, including your level of education and field of study; personal data contained in your resume attached to your application, transcript or reference letter; and other personal data you provide in the job application process with Thousand Whales.
Job applicants	We will collect information including but not limited to the below to process your job application with Thousand Whales: • your personal details, including your name, telephone number, mobile phone number, address, email address, facsimile number and language proficiency; • your education background, including your level of education and field of study; • personal data contained in your resume attached to your application, transcript or reference letter; and • other personal data you provide in the job application process with Thousand Whales.
Visitors of Thousand Whales’ website (whether an investor, job applicant or other third party)	When you visit the Thousand Whales website, we will record each of your visit and will automatically collect the following information: • technical information, including the Internet protocol (“IP”) address used to connect your computer to the Internet, your login information, browser type and version, geographical location, time zone setting, browser plug-in types and versions, device types, operating system, time and date of consent and platform; and • information about your visit, including the full Uniform Resource Locators (“URL”), clickstream to, through and from the Thousand Whales website (including date and time), products you viewed, searched for, filtered or purchased, the hyperlinks you have clicked, site usage including page viewed and page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and methods used to browse the Thousand Whales website. We may also collect your personal data including but not limited to your name, telephone number, mobile phone number, address, email address, facsimile number, gender, date of birth, nationality, job title, interests, subscription details of Thousand Whales products and services and other information you provide to Thousand Whales.

Use of personal data

From time to time, where personal data is provided to Thousand Whales, Thousand Whales may use the personal data as explained below and such personal data may be transferred to a place outside Hong Kong:


Investors	For the purpose of providing products and services to you, we will use the information that we have collected about you to: • process your applications, subscriptions and registration for Thousand Whales products and services; • administer your accounts and providing you with Thousand Whales products and services; • register you for investor-related events, activities and materials; • design, install and use software apps of Thousand Whales from relevant app stores; • respond to and process your enquiries and taking further actions or do follow-ups as required; • market and promote existing and future Thousand Whales products or services; • provide you with information regarding the market insights in connection with Thousand Whales products or services; • provide you with the online services available at the Thousand Whales website and/or through other telecommunication channels; • compile general statistics in relation to the number of visitors to Thousand Whales website and the usage of Thousand Whales website; • conduct research, survey and/or analysis from time to time to better understand your needs, preferences, interests, experiences and/or habits; • use your personal data for AI analytics; • design new and/or enhance existing services, products, activities, and/or other events relating to Thousand Whales products or services; • use the information that Thousand Whales website collects about you to improve your experience while using our services; and • for other purposes directly relating to any of the above.
Job applicants	For the processing of your job application and administration of our recruitment database, we will use the information that we have collected about you to: • evaluate and process job applications; • keep job application records; • assess suitability of candidates for job positions; • communicate with you in the course of your employment and performing human resource management functions and activities; • communicate with you on other opportunities; and • comply with our legal obligations.
Other third parties	For the purpose directly related to the function or activity of Thousand Whales, to comply with legal requirements, to carry out obligations arising from the contracts entered between you and Thousand Whales, any other applicable purposes as set out in this “Use of personal data” section, and/or any other purpose notified to you at the time of collection of the personal data.

We will obtain your consent before using your personal data for other purposes, unless otherwise permitted by applicable laws.

Other Uses

Thousand Whales may be required to retain, process and/or disclose your personal data to agents, contractors or other third-party service providers, to which Thousand Whales does not assume any liability for any loss or damage that you may sustain, in order to:

verify your identity in accordance with know your customer (KYC), anti-money laundering and counter terrorism financing requirements;
manage and maintain your account with us
comply with a court order, subpoena or other legal process (whether in Hong Kong, Singapore or elsewhere);
comply with applicable laws and regulations;
comply with a request by a government authority, law enforcement agency or similar body (whether situated in Hong Kong, Singapore or elsewhere);
provide to the third-party database for submitting behaviors concerning anti-money laundering, terrorism financing, and evading trade and economic sanctions;
provide to a third party which provide services (such as legal, financial, management, operation, market surveillance, analytic or technical services) or is associated or acting as a nominee to Thousand Whales;
provide to any third party to whom Thousand Whales’ businesses or any part of Thousand Whales’ businesses will be sold, assigned or transferred to, if applicable; or
Thousand Whales may need to retain, process and/or disclose your personal data in order to enforce any agreement with you, protect Thousand Whales’ rights, property or safety, or the rights, property or safety of Thousand Whales’ employees.

How does Thousand Whales use cookies

If you access Thousand Whales’ information or services through the Thousand Whales website, you should be aware that cookies are used. Cookies are data files stored on your browsers. The Thousand Whales website automatically installs and uses cookies on your browsers when you access it, which are used to store your preferences, enhance the function of the Thousand Whales website, and facilitate your browsing. The cookies used in connection with the Thousand Whales website do not contain personal data. You may refuse to accept cookies on your browsers by modifying the settings in your browsers or internet security software. However, if you do so you may not be able to utilise or activate certain functions available on the Thousand Whales website. For detailed information on how Thousand Whales uses cookies and the purposes for which cookies are used, please refer to our cookie policy at Appendix I

Third party websites

The Thousand Whales website may from time to time contain linkages to other websites. These other websites are independent from the Thousand Whales website. Thousand Whales has no control or management over the contents of such other websites or their privacy policies or compliance with the law. You should be fully aware that the provisions of such linkages do not constitute an endorsement, approval, or any form of association by or with Thousand Whales and Thousand Whales has no control over the personal data submitted by you, if any, to other websites which are operated by the relevant third parties. This Privacy Policy applies only to the personal data we collect and does not apply to services provided any third parties or their rules governing the use of information.

Transfer of personal data

For one or more of the purposes specified above, Thousand Whales may transfer your personal data to any agents, contractors or other third-party service providers who provide administrative, telecommunications, computer, payment, debt collection, data processing, data storage, data analytics or other services to Thousand Whales in Hong Kong, Singapore or elsewhere, and other third parties as notified at the time of collection.

Thousand Whales may share your personal data within its group of companies for providing the products and services sought by you for the same purpose or directly related to the purposes at the time of collection.

Thousand Whales will adopt contractual and/or other means to ensure the agents, contractors or other third-party data processors who process personal data on behalf of Thousand Whales will take all reasonable steps to (i) protect the personal data they hold against unauthorized or accidental access, processing, erasure, loss or use; and(ii) ensure that personal data will not be kept longer than necessary.

Corporate reorganisation

As Thousand Whales continues to develop its business, it may reorganise its business structure, undergo a change of control or business combination. In these circumstances it may be the case that your personal data is transferred to a third party who will continue to operate Thousand Whales’ business or a similar service under either this Privacy Policy or a different privacy policy which will be notified to you. Such third party may be located, and use of your personal data may be made in connection with such acquisition or reorganization, outside your country of location (i.e. Hong Kong or Singapore).

Protection of personal data

All personal data provided to Thousand Whales will be securely stored with restricted access by authorized personnel only. We utilize encryption/security software for data transmission so as to protect your data via encrypting it in a secure format to ensure its privacy and security from unauthorised access or disclosure, accidental loss, alteration or destruction.

In addition, we will adopt contractual or other means to prevent any personal data transferred to Thousand Whales’s data processors (i) from being kept longer than is necessary for processing of the data; and (ii) from unauthorized or accidental access, processing, erasure, loss or use, if Thousand Whales is to engage any data processor.

Nevertheless, the transmission of information via the internet is not completely secure. Although Thousand Whales will do its best to protect your personal data, Thousand Whales cannot guarantee the security of data transmitted to the Thousand Whales website. Once your personal data is received, Thousand Whales will use strict procedures and security features to try to prevent unauthorized access.

Notice on direct marketing

Where you have given consent and have not subsequently opted out, Thousand Whales may from time to time use your personal data (including your name and contact details) to send you direct marketing or promotional communications such as emails containing news, promotions, events and marketing offers. The dispatch of such direct marketing communications may be undertaken by third-party service providers.

If you do not wish to receive further direct marketing or promotional materials from Thousand Whales, you may opt out of receiving direct marketing or promotional communications by contacting Thousand Whales by one of the communication channels set out in “Contact Thousand Whales” section below.

Retention of personal data

We aim to retain your personal data no longer than is necessary for the fulfilment of the purposes of collection unless a longer retention period is required or permitted by applicable laws, rules and regulations.

Thousand Whales will take reasonable steps to ensure the accuracy of your personal data held by Thousand Whales. If Thousand Whales becomes aware that the personal data is inaccurate, Thousand Whales will not use such data and will notify any third party to which such personal data has been transferred regarding the same.

For personal data for recruitment purposes, Thousand Whales will retain such data of unsuccessful job applicant, for a period not longer than two years from the date of rejecting the applicant, unless there is subsisting reason that obliges Thousand Whales to retain the data for a longer period, such as for compliance with applicable laws, rules and regulations; or you have given prescribed consent for the data to be retained beyond the prescribed period.

Access and correction of personal data

Under applicable law, you may have the right to request for access to your personal data, to obtain a copy of the personal data, to correct any personal data that is inaccurate and to delete or cease the collection, processing or use of any personal data. You may request Thousand Whales to inform you of the type of personal data held by Thousand Whales.

Request for access and correction of personal data or for information regarding policies and practices and kinds of data held by us should be addressed in writing and sent to Thousand Whales by post or by email following the details set out in the “Contact Thousand Whales” section below.

In accordance with the terms of applicable law, Thousand Whales has the right to charge a reasonable fee for the processing of any data access request.

Termination or cancellation

Should your relationship with Thousand Whales be cancelled or terminated at any time, Thousand Whales shall cease processing your personal data as soon as reasonably practicable following such cancellation or termination, provided that Thousand Whales may keep copies of the data as is reasonably required for reasonable purposes, such reasonable purposes shall include keeping of records, use in relation to any actual or potential dispute, complying with applicable laws and regulations, and protecting Thousand Whales’s rights, property or safety, or the rights, property or safety of Thousand Whales’s employees and agents.

Language

If there is any inconsistency or conflict between the English and Chinese versions of this Privacy Policy, the English version shall prevail.

Contact Thousand Whales

If you have any questions or concerns about this Privacy Policy or how Thousand Whales processes your personal data, or if you would like to make a request for access or update of your personal data, please contact Thousand Whales’ Data Protection Officer by post or by email at:

Address:

Hong Kong:

Room 3501 , 35/F, West Tower, Shun Tak Centre 168-200 Connaught Road Central, Hong Kong

Email:

In respect of requests pertaining to xWhale Exchange- cs@xwhale.com.

In respect of all other requests – info@xwhale.com.

APPENDIX I

Cookie Policy

This is the Cookie Policy for Thousand Whales Technology (BVI) Limited (or its affiliates, hereinafter referred to as “Thousand Whales”), accessible from www.xwhale.com.

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to the user’s computer, to improve user experience. This page describes what information they gather, how Thousand Whales uses it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored, however this may downgrade or ‘break’ certain elements of the site’s functionality.

How We Use Cookies

Thousand Whales use cookies for a variety of reasons detailed below. In most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that users leave on all cookies if users are not sure whether or not they are needed, in case the cookies are used to provide a service that the user shall need.

Disabling Cookies

Users can prevent the setting of cookies by adjusting the settings on their browser (more information is available in the “Help” / “Settings” section on the user’s browser). Be aware that disabling cookies will affect the functionality of this and many other websites that the user visits. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore it is recommended that users do not disable cookies.

How Long the Cookies Will Stay on Users’ Browsing Device

The length of time a cookie will stay on the user’s browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on the user’s device until the user closes the browser. Persistent cookies stay on the user’s browsing device until they expire or are deleted.

The Cookies We Set

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by the users which amount to a request for services, such as setting the users’ privacy preferences, logging in or filling in forms. Users can set their browser to block or alert them about these cookies, but some parts of the site will not work as a result. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how users move around the site. All information these cookies collect is aggregated and therefore anonymised.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages.

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of the users’ interests and show users relevant advertisements on other sites. They do not store directly personal information but are based on uniquely identifying the user’s browser and internet device.

The information we obtain from our use of cookies will not usually contain personal data of the users. Although we may obtain information about the users’ computer or other electronic devices such as the users’ IP address, their browser and/or other internet log information, this will not usually identify the users personally. In certain circumstances, where the user voluntarily provides it (e.g. by completing an online form) or where the users subscribe to our services through the website we may collect personal information about the users.

Third Party Cookies

In some special cases Thousand Whales also uses cookies provided by trusted third parties. Third party cookies such as Google Analytics may collect information such as your IP address, device type and operating system, referring URLs, location and pages visited so that Thousand Whales can continue to produce engaging content. These third-party service providers are responsible for the cookies they set on this site. If the user would like to opt-out of all other types of technologies we employ on this site, users may do so by changing their browser settings to block, delete or disable these technologies as their browser or device permits.

Thousand Whales also use social media buttons and/or plugins on this site that allow users to connect with their social network in various ways. For these to work the following social media sites including without limitation; Youtube, LinkedIn, Twitter, Facebook, Medium, will set cookies through our site which may be used to enhance the user’s profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

Please see below a list of the more commonly used browser types with hyperlinks showing how to adapt their cookie settings accordingly:

· Opera

This cookie policy is written in an English version and a Chinese version. In the event of any conflict between the two versions, the English version shall take precedence.

More Information

If users are not sure whether such cookies are required or not, it is usually safer to leave cookies enabled in case it does interact with one of the features users use on our site.

For more information, users can contact us through email at: cs@xwhale.com.

Thousand Whales Privacy Policy