Updated: Apr 18, 2019

1.  Definitions and Interpretation:

1.1.    Definitions

For the purpose of these Terms and Conditions, the following terms shall have the meanings specified below, unless otherwise indicated:

“Agreement” or “Terms and Conditions” shall mean these terms and conditions that shall govern the relationship between Kitco and the Customer with respect to the Online Gift Store, except as otherwise specifically provided for, and as same may be amended from time to time, without notice;

“Customer” shall mean a customer who enters into a transaction with Kitco for the purchase of physical Silver Gift Products and is in compliance with these Terms and Conditions between the Customer and Kitco;

“Customer Purchase Transaction” shall mean any sale operation whereby Kitco sells physical Silver Gift Products to its Customer;

“Kitco” shall mean Kitco (Asia) Limited and Taiwan Kitco Precious Metal Company Limited;

“Online Gift Store” shall mean and refer to Kitco’s Online Gift Store, available at https://kitcoasiagift.com  ;

1.2.    Interpretation

In these Terms and Conditions, unless inconsistent with the context, words denoting person include corporation and firm, words denoting masculine gender include feminine gender, and words denoting singular number include plural number and vice versa.

The Section headings herein are inserted for convenience only and for reference, and in no way define, limit or describe the scope of these Terms and Conditions or the intent of any provision thereof.

1.3.    Applicability

The following Terms and Conditions shall govern all transactions between the Customer, whose shipping location is either in Hong Kong or in Taiwan, and Kitco which are placed via 

• Kitco’s Online Gift Store
• Kitco’s service hotline
• Kitco’s Retail Store

2.           Application

Customers wishing to purchase from Kitco must create an account with Kitco on the Online Gift Store and must provide a valid telephone number and electronic mail address. The Customer acknowledges that Kitco relies on the veracity of all information provided by the Customer when opening an account. By agreeing to these Terms and Conditions, the Customer warrants that all information provided is true and accurate.

3.           Payment

3.1. Acceptable Methods of Payment

Kitco accepts cash payments (Hong Kong store: the upper limit is HKD 100,000; Taiwan store: the upper limit is TWD 200,000) and bank wire for in-store purchases. For online transactions, Kitco accepts payments via PAYPAL only.

Note that for any single transaction, payment can be made by only one method. Multiple bank wires will not be accepted as payment for a single order.  

Kitco may refuse payments or funds (in any form whatsoever, including, without limitation, cheques, bank drafts, money orders or bank wires) received from an individual or from an entity that is not the named account owner.  Furthermore, Kitco may request additional documentation before such payment are applied to Customer’s Kitco account.

3.2. PAYPAL

Customers can obtain PAYPAL payment information at the end of the online ordering process. Once the transaction has been submitted and the payment is settled, the Customer will receive an order confirmation by email.

3.3  Bank Wires or International Bank Wires

Bank Wires or International Bank Wires may be subject to correspondent bank fees that are deducted while a wire is in transit. As Kitco’s bank is simply the recipient bank, it is impossible to determine the fees that may be deducted by any correspondent banks. The Customer should confirm with their banking institution the exact amount that may need to be included in the wire to cover all fees that may be deducted. Kitco highly recommends that all relevant Customers to include an additional amount on their bank wire to accommodate any fees that may be charged by a correspondent bank. 

Customers may also request confirmation of any correspondent bank fees upon initiation of a bank wire. Kitco suggests Customers contact their banking institution for further clarification.

3.4. Completing a Customer Transaction

A Customer Purchase Transaction is completed when payment is received in full and Kitco performs its principal obligation.  

For Customer Purchase Transactions of physical Silver Gift Products, Kitco's principal obligation is presumed to have been performed if Kitco attempted to deliver the physical Silver Gift Products but was prevented from doing so by the actions or negligence of the Customer, or when Kitco consents to the Customer taking possession of the physical Silver Gift Products.

Legal ownership of the physical Silver Gift Products will be considered transferred from Kitco to the Customer once the transaction is completed.

4.           Transaction Cancellations

Transactions may be cancelled at the Customer’s request, provided payment has not been received in full. Customers must submit all requests for cancellation by telephone or in person only. Goods sold upon pick-up or delivery are not returnable nor refundable.

5.           Fees

5.1. Shipping Fees

Under normal circumstances, no shipping fees will be required. If the customer requests Kitco to arrange delivery to a remote area, additional fees may apply.

5.2. Taxes and Duties

All products quoted on Kitco Online Gift Store are exclusive of sales tax. According to the law in Taiwan, 5% Value-added Tax and 4/10000 of Trade Promotion Service Charges will be applied on Silver Gift Products.

6.          Transfer and Use of Personal Information

In the course of the Customer’s transactions with Kitco, Kitco will have access to, be entrusted with and become privy to confidential personal information belonging to the Customer. According to the Privacy Policy of Kitco, Kitco may transfer said personal information to its parent company, affiliated companies or its subsidiaries who agree to maintain the confidentiality of such transferred personal information They are prohibited from using such information for any purpose other than as specified under this Agreement.

For avoidance of doubt, Customer hereby consents and authorizes Kitco to transfer said personal information and to its use by Kitco’s parent company affiliated companies or subsidiaries pursuant to the terms of this Agreement.  

7.       Risk

Kitco has not offered or given and will not provide any advice in connection with any transaction and has not offered or given any opinion with respect to the suitability of any transaction made or which might be made by the Customer.

The Customer warrants that Kitco has not offered or given any advice to Customer in connection with the products and services offered by Kitco.  In addition, Kitco has not given Customer any opinion with respect to the suitability of any of its products for Customer.

8.       Kitco’s Rights

Kitco hereby reserves the following rights and the Customer acknowledges and agrees to the following:

• Kitco may adjust retail prices at any time without prior notice.
• Kitco may withdraw or limit the products or services provided by telephone, in person and on Kitco’s Online Gift Store, or may suspend the availability of Kitco’s Online Gift Store, or suspend the booking of transactions submitted to Kitco, without notice at any time.
• Kitco may cancel or reject any order at any time.
• Kitco may place limits on the amounts that may be offered for sale in any twenty-four (24) hour period.
• Kitco may terminate this Agreement at its sole discretion and may freeze an account or  close an account at any time for any reason including but not limited to the abuse of policy, criminal activity, circumvention of Kitco’s web security services, and any other violation of these Terms and Conditions. 

9.       Limitation of Liability

Kitco hereby reserves the following rights and the Customer acknowledges and agrees to the following:

9.1.  Capital Gains/Income Taxes

Kitco does not report any Customer transactions to the government authority unless it is required by law or court order; however, the purchase of Silver Gift Products may be considered reportable as taxable income in the relevant jurisdiction. It is the Customer's responsibility to contact a financial advisor for further information. Kitco will not be held liable for any capital gains or tax implications due to the purchase of Silver Gift Products by the Customer in the relevant jurisdiction.

9.2.  Technical Issues

9.2.1.  Electronic Order Entry Risk Disclosure and Disclaimer 

Kitco specifically disclaims any liability or responsibility for orders placed via the Kitco online order entry system, for any losses, or direct, indirect, consequential or incidental damages, which the Customer may recognize or incur as a result of the use of the Kitco online order entry system. Further, Kitco specifically disclaims any liability for the interruption, cancellation or other termination of the Kitco online order entry system. 

9.2.2.  Negligence

All orders placed through the order entry system are taken on a reasonable efforts basis. Kitco shall not be responsible for errors, negligence or inability to execute orders. Nor shall Kitco be responsible for any delays in the transmission, delivery or execution of Customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Kitco's reasonable control or anticipation.

9.2.3.  Possible System Failure

Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The Customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Kitco.

9.3.  Internet Security

Kitco adheres to the tight security measures to ensure Customer data is protected against theft, loss, and corruption, and against the misuse and alteration of any Customer data stored on Kitco’s servers. However, when a Customer accesses their account via a public or unsecured computer terminal or if a Customer chooses to share their account username and password (“Electronic Identification Information”), Kitco cannot guarantee the security of account data.

Sensitive communication between the Customer and Kitco’s Online Gift Store is always protected via encryption while in transit, using the SSL encryption standard. However, the Customer should be aware that Kitco has no control over the privacy of Customer e-mail communications with us. We highly recommend that Customers not include private and sensitive information in e-mails to Kitco, including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc. Kitco will not be held liable for any damages suffered by Customers should they transmit confidential or sensitive information to Kitco through e-mail.

Information provided on Kitco’s website is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. Kitco is not responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of its website.

9.4.  Indemnification

Except as otherwise expressly provided, Kitco shall not be liable for any loss or damage, whether direct or indirect, resulting from the transactions contemplated by these Terms and Conditions.

Kitco shall not be liable under any circumstances whatsoever for special, incidental, consequential, indirect or punitive losses or damages (including lost profits or lost savings), whether or not caused by the fault or neglect of Kitco and whether or not Kitco had knowledge that such losses or damages might be incurred.

The limitations and exclusions in this Section shall apply to all claims of whatsoever nature, kind and description, whether arising from breach of contract, delay or non-delivery of services, negligence or otherwise.

9.5.  Force Majeure

Kitco shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labour disputes, or events or circumstances beyond its reasonable control, but Kitco shall use commercially reasonable endeavors to minimize dangers or losses to the Customer as a consequence of such events.

10. Customer Obligation and Liability

10.1.  Compliance and Due Diligence

The Customer is responsible for complying with all laws of the jurisdiction from which the Customer accesses the Kitco Website or receives the services described herein, and the Customer shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.

The Customer has carried out reasonable due diligence to ensure that the purchase Silver Gift Products as provided under these Terms and Conditions is not contrary to any laws or regulations of the Customer’s governing jurisdiction, and that the acceptance of these Terms and Conditions by the Customer and the entering into of a Customer Purchase Transaction is not contrary to any federal, provincial, state, special administrative region, city, or any other law or regulation applicable to the Customer.

10.2.  Protection of Electronic Identification Information

It is the Customer’s obligation to ensure that its Electronic Identification Information is kept secret.  The Customer agrees to keep their Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use. 

10.3.  Notification

If a Customer believes that any transaction or balance recorded in their account is incorrect, the Customer must contact Kitco immediately to notify Kitco of suspected unauthorized use of Customer’s Electronic Identification Information.  Customers are responsible for ensuring the accuracy of the information displayed in their account, howsoever accessed.  Kitco will not be held liable should a Customer fail to disclose any unauthorized use of Electronic Identification Information and Customer’s Kitco accounts.

10.4.  Customer Liability

Kitco will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof.

The Customer will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying Kitco of the suspected unauthorized use as indicated in sub-section 10.3 above.

11.       Intellectual Property, Trademarks, Logos

All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in this website are and will remain the sole property of Kitco (or its suppliers where applicable).

All information and material supplied by Kitco, constitutes part of Kitco's confidential and proprietary information and no Customer participating in any of its programs may reproduce, copy or disclose such information without the prior written consent of Kitco.

No party accessing this website may attempt to tamper with, modify, reverse engineer, gain unauthorized access to, or in any way alter any software used in Kitco’s programs or comprising Kitco’s website.

12.       Miscellaneous

12.1.  Changes to Terms and Conditions

Kitco reserves the right to amend these Terms and Conditions, any applicable fees and charges, or any services, rights or obligations provided for herein at its sole discretion, at any time, without prior notice to the Customer, unless it is related to the collection, processing and utilization of customer personal data. Acceptance of these Terms and Conditions is limited to the acknowledged transaction and is not applicable to any future transactions. The Customer will be responsible for accepting the Terms and Conditions for every subsequent transaction.

12.2.  Applicable Law

Applicable law and jurisdiction of this agreement shall be determined by the delivery region of ​​the transaction. This Agreement shall be governed by and construed in accordance with the laws applicable in Hong Kong or Taiwan. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Hong Kong and Taipei, Taiwan in respect of all matters or disputes arising from the Agreement, except as otherwise specifically stated herein.

12.3.  Binding Effect

This Agreement is binding upon the parties hereto and their respective successors, heirs, legal representative and permitted assigns, unless it is related to the collection, processing and utilization of customer personal data.

12.4.  Severability

In the event that any provision in this Agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of this Agreement.

12.5.  Language

The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language. Should there be a Chinese translation and there be any discrepancy between the English version and Chinese version, the English version shall prevail.  

12.6.  Privacy

Kitco respects your privacy.  Our privacy policy is available at: https://kitcoasiagift.com.  

Kitco Online Gift Store Terms & Conditions-v3.0

This document contains confidential and proprietary information of Kitco (Asia) Limited and Taiwan Kitco Precious Metal Company Limited

Updated on 16^th April, 2019

Kitco (Asia) Limited and Taiwan Kitco Precious Metal Company Limited (“Kitco”, “we”, “our”, “us”) are committed to safeguarding your privacy.  This Privacy Policy governs your use of the websites kitcoasia.com; kitcoasiametals.com; online.kitco.com.hk; kitcoasiagift.com and describes our policy and procedures on the collection, use and disclosure of the data collected from our customers.

1. Consent 

By using Kitco’s website and submitting Personal Data to us, you agree that we may collect and disclose such Personal Data in accordance with this Privacy Policy and as permitted or required by 

• [Applicable to Hong Kong] the Personal Data (Privacy) Ordinance (Cap 486) (the “Ordinance”) of the Hong Kong Special Administration Region of the People’s Republic of China
• [Applicable to Taiwan] the Taiwan Personal Data (Information) Protection Act (PDPA)
• [Applicable to European Union] the General Data Protection Regulation (the “Regulation”) of the European Union.  

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

• [Applicable to Hong Kong] 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; 
• [Applicable to Taiwan] According to the Taiwan Personal Data Protection Act, the definition of “personal data” refers to the name of the natural person, date of birth, identification number of national identity card, passport number, characteristics, fingerprint, marriage, family, education, occupation, medical records, medical, genetic, sexual life, health checks, criminal records, contact information, financial situation, social activities and other information that directly or indirectly identify the individual;
• [Applicable to European Union] 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:

1. 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;
2. 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;
3. Transaction data includes details about payments or communications to and from you and information about products and services you have purchased from us;
4. 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 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:

• contact us if you do not want to receive certain communications such as e-mails, newsletters announcing specials or new features.
• alter your email preferences or unsubscribe from direct marketing emails by
  • [Hong Kong] either calling us at +852 2827 7800 or by sending an email to [email protected] with the word "unsubscribe" as the subject header.
  • [Taiwan] either calling us at +886 2 87518568 or by sending an email to [email protected] with the word "unsubscribe" as the subject header.

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.

9. Use of Cookies

Our website uses cookies.  They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

You can refuse cookies by turning them off in your browser.  However, you may not be able to browse the websites or use the full functions of the websites when cookies are turned off.

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.

10.1 Security

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 (refers to Kitco (Asia) Limited in Hong Kong, and Kitco Metals Inc in Canada) 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, Taiwan 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, Taiwan 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 [email protected] (Hong Kong) / [email protected] (Taiwan) :

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.

12. Changes to the Privacy Policy

[Applicable to Hong Kong] This Privacy Policy may be revised periodically without notice at any time.  Except if otherwise expressly provided, changes will be effective immediately upon posting on our website. In general, your Personal Data will only be used in the manner described in the Privacy Policy in effect when that Personal Data was received. Your continued use of the website or of any of the services provided by us, with or without any consent renewal procedure being undertaken, constitutes your agreement to this Privacy Policy and any future revisions.

[Applicable to Taiwan] This Privacy Policy may be revised periodically. If the original Privacy Policy does not inform you of the purpose, scope or manner of use of your personal data, the Company will not require prior notice and your consent. In general, your personal data will only be used in the manner described in the effective Privacy Policy (when you receive such information). Your continued use of this website or the use of any of the services we provide constitutes your agreement to the content of this Privacy Policy, whether or not you have agreed to the changes made.

13. Contacting us

If you have any questions regarding our privacy policy or your dealings with us, you can contact:

Hong Kong:-

Kitco (Asia) Ltd.

Floor 5L, Centre Mark II, 305-313 Queen’s Road Central, Hong Kong
Tel: +852 2827-7800

Fax: +852 2827-7899

Email: [email protected]
Business Hours: Monday to Friday, 9:00 AM - 5:30 PM Hong Kong time

Taiwan:-

Taiwan Kitco Precious Metal Company Limited

8/F-1, No. 80, Zhouzi Street, Neihu District, Taipei City 114, Taiwan

Tel.: (886) 2 87518568  

Fax: (886) 2 87518560

Email: [email protected]

Business Hours: Monday to Friday, 9:00 AM - 5:30 PM Taiwan time

14. Version

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