Privacy

Date of Last Update: 1 December 2022

FWENCLUB Privacy Policy

This Privacy Policy is issued on behalf of Dong Doi Tung Limited trading as FWENCLUB (“FWENCLUB” or “we”). We are responsible for the maintenance of this Website www.fwenclub.com (“Website”). We take our customers’ privacy seriously and we will only collect and use your personal information as outlined below.

Your privacy is important to us. We will only use personal data, such as your name and other information, which relates to you in the manner set out in this Privacy Policy. We will only collect your personal data where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you.

This Website is not intended for children and we do not knowingly collect data relating to children. If you are under the age of 18, you should use our Website only with the involvement and consent of a parent or guardian and should not submit any personal data to us.

We will only keep your personal data for as long as we are either required to do so by law or as required for the purposes for which it was collected. We will promptly delete your personal information once such purposes have been fulfilled We will periodically review the retention period of your personal data. At the end of that retention period, your personal data will either be deleted completely or anonymised.

Where we or our data processor process your personal data, we do this for as long as you are an active user of our Website and it is required for business and legitimate interests or legal requirement or with your consent. The retention period of your personal data would be subject to our periodical review but would typically be around 7 years from your last interaction with us.

Where we process personal data for marketing purposes with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of the fact that you have asked us not to send you direct marketing or to process your data so that we can respect your request in the future.

You can visit and browse the Website  without having to provide personal details. During your visit to the Website you remain anonymous and at no time can we identify you unless you have an account on the Website and log on with your user name and password.

If you have any comments or suggestions, please email us at service@fwenclub.com

Collection of Personal Data

Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

When you (i) create a FWEN ID or (ii) use any of our Services, we may collect, use, store and transfer personal data about you which may include the following:-

• Personal data that identifies you as an individual, including but not limited to your first name, last name, date of birth, email address, telephone number, mobile number, delivery address, digital wallet address, billing address, credit card details or PayPal account details, photographs, occupation;
• Formation Identification Data: government issued identity document such as passport, driver’s licence, identification cards, visa information, Tax ID number and any other information necessary to comply with our legal obligations under financial or anti-money laundering laws.

• Profile Data, which may include your username and password, purchases made by you, your interests, preferences, hobbies, feedback, and survey responses;
• Usage Data, which may include information about how you use our Website and Services;
• Marketing and Communications Data, which may include your preferences in receiving marketing from us and our third parties and your communication preferences;
• Interaction Data, which may include any information that you might provide to any discussion forums on the Website;

• Third Parties Information which we receive about you from other sources; and 
• Analytics including third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage.

To comply with our legal obligations under financial or anti-money laundering laws, we will use facial recognition technology only for the purpose of verifying your identity as the person who appears on the identification document.

The provision of the information is voluntary. However, if certain requested information is not provided, we will not be able to offer our Services to you.

We do not collect any sensitive personal data about you, including details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic data. Nor do we collect any information about criminal convictions and offences.

From time to time, we may obtain information about you from third party sources as required or permitted by applicable laws. These sources may include:

• Public databases;
• Credit checking and identification verification partners;
• Blockchain data; and
• Joint marketing partners and advertising networks and analytics providers, unless prohibited by applicable laws;

How we may collect Personal Data

We will take reasonable steps to ensure that your personal data is processed and used lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

1. you have given consent to the processing of your personal data for one or more specific purposes;
2. processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
3. processing is necessary for compliance with a contractual or legal obligation to which we are subject;
4. processing is necessary for system administration and to report aggregate information to our advertisers;
5. processing is necessary to protect the vital interests of you or of another natural person;
6. processing is necessary for the performance of a task carried out in the public interest; and/or
7. processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.

If we receive Personal Data in the course of providing our Services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy Policy are brought to their attention and you have obtained their consent in the process.

We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your Personal Data by way of different methods to collect data from and about you including through direct interactions with us. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

1. visit our Website;
2. use any of our Services;
3. create an account on our Website;
4. request marketing information to be sent to you;
5. enter a draw, competition, promotion, or survey; or
6. provide us with comments and feedback.

Use of Personal Data

FWENCLUB does not sell, share or trade customers' personal data collected online with third parties unless as specified in this Policy or where you have given your express consent. In particular, we do not share your personal data to third parties outside our corporate group for direct marketing purposes without your express consent.

Personal data collected by us will only be disclosed within our corporate group for internal use and to be provided to our service providers (such as outsourced delivery team, operators of our IT systems, website service providers, data processors, data storage service providers) for the purpose of providing Services to you only.

Personal Data we collect from you will be used in some or all of the following ways:

• To process your orders and deliver our Services to you and to offer customer support relating to our products or Services;
• To administer your account with us and to identify visitors of our Website;
• To verify your identity for know-your-client purposes and comply with our legal obligations in relation to financial and anti-money laundering laws;
• To evaluate system security and stability and to detect, prevent, and address fraud, violation of our terms or policies, and/or other harmful or unlawful activity;
• To administer campaigns, contests and lucky draw should you choose to participate;
• To verify and carry out financial transactions in relation to payments you make online and to transfer the information to financial institutions and credit card companies for processing payment;
• To audit the downloading of data from our Website;
• To improve the layout and/or content of the pages of our Website and customise them for users;
• To carry out research on our users’ demographics;
• To send you information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you consent to being contacted for these purposes;
• To meet legal, regulatory or compliance requirements, dealing with enquires from law enforcement or regulatory bodies
• To provide the information to our legal advisors, auditors and accountants to advise us on the operation of the Website and delivery of the products and related issues;
• To transfer the information to our data processors to assist us in processing and storing your personal data;
• To notify you about changes to our Terms of Service or Privacy Policy;
• To act in any other way we may describe when you provide your personal data;
• All other incidental and associated purposes, including seeking professional advice.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and explain the basis for doing so.

Use of cookies

Our services use cookies and other tools to distinguish you from other users of our Website. We use cookies to learn more about the way visitors interact with our content and help us to improve the experience when visiting our Website.

How we use cookies

A cookie is a small file which asks for permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.

You can set your browser to block some or all cookies. Please however note that if you set your browser to disable cookies, you may not be able to access certain parts of our Website and other parts of our service may not work properly.

Apart from cookies, we may also collect information by automated means, such as web server logs.

Sharing your Personal Data

We will not disclose your Personal Data to any third parties aside from what is stated in this Privacy Policy without your prior consent or unless in accordance with the law. We may pass your name and address on to a third party in order to make delivery of the product to you (for example to our courier or supplier), provide Services to you, or to process payments (for example to financial service providers).

Your actual order details may be stored with us but for security reasons cannot be retrieved directly by us. However, you may access this information by logging into your account on our Website. There you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data and password confidentially and not make it available to unauthorised third parties. We cannot assume any liability for misuse of passwords unless this misuse is our fault.

We may provide your personal data to third-party service providers to help us fulfil our legal obligations relating to financial or anti-money laundering laws (e.g. verifying your identity and conducting know-your-client clearance check) when you place an order for any cryptocurrency-related products with us or whenever it is required by law.

Whenever your personal data is disclosed to a third party, we will take all reasonable steps to ensure that your personal data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party required by law. We have proper contract with the outsourced delivery team and other service providers to control how they process the data and to comply with the laws in this respect.

Third party links

Our Website may contain links to other websites of interest. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Once you have used these links to leave our Website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Storage and Security of Personal data

Data security is of great importance to us. To protect your data, we have put in place suitable physical, electronic, and managerial measures to prevent unlawful or accidental destruction, accidental loss, unauthorized disclosure or access or other unlawful forms of processing. We take all reasonable measures to ensure that all information collected will be safely and securely stored in compliance with the applicable laws. We ensure protection of your personal data by: 

• Limiting or restricting access to personal data on a “need-to-know” basis;
• Maintaining technology products to prevent unauthorised computer access;
• Maintaining appropriate measures to protect the confidentiality and security of your personal data; and
• Securely destroying your personal data when it's no longer needed for our record retention purposes.

Due to the open nature of the Internet, no data transmission over the Internet, a website, mobile application or via email or other message service can be guaranteed to be secure from unauthorised access. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal data in accordance with the requirements of data protection legislation. Any transmission of your personal data is at your own risk and we expect that you will use appropriate security measures to protect your personal data. We disclaim any liability for any theft, loss of, damage or unauthorised access of any data or communications. By using our Website, you acknowledge that you understand and agree to assume these risks.

We may suspend your use of part of our services without notice if we suspect or detect any breach of security. You understand and agree that we may deliver electronic notifications about breaches of security to the email address that you provided to us.

If you believe that your privacy, please contact us at service@fwenclub.com.

We will not keep your Personal Data longer than it is necessary. We may however be required to retain Personal Data for a longer period of time to ensure we comply with legislative and regulatory requirements. We will review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

Export of your Personal Data

Where necessary to deliver our services, your personal data may be transferred outside the country in which you are located or outside Hong Kong, where there may not be in place data protection laws which are substantially similar to, or serve the same purposes as, the Personal Data (Privacy) Ordinance. That means your personal data may not be protected to the same or similar level in Hong Kong.

When we do so, we will use appropriate safeguards such as contractual terms to protect any personal data being transferred.

Your rights

When you submit information via our Website, you may be given options to restrict our use of your Personal Data. We aim to give you strong controls on our use of your Personal Data (including the ability to opt-out of receiving emails from us which you may do so by unsubscribing using the links provided above in this Privacy Policy.

You have the right to:

1. request access to, deletion of or correction of, your Personal Data held by us at no cost to you;
2. request that your Personal Data be transferred to another person (data portability);
3. be informed of what data processing is taking place;
4. restrict processing;
5. to object to processing of your Personal Data; and
6. complain to a supervisory authority.

To enforce any of the foregoing rights or if you have any other questions about our Website or this Privacy Policy, please contact us at service@fwenclub.com.

Direct Marketing

When you register as a user on this Website, we may also use your personal data (name, contact details, product information, transaction pattern and behaviour, demographic data) held by us to send you marketing and/or promotional materials from time to time which will require your consent. You may give your consent by checking the appropriate boxes. You may withdraw your consent at any time by notifying us as indicated below.

If you have opted-in to receive our marketing communications, we would use your personal data, such as name, phone number, email address and address for direct marketing which will include the marketing and promotion of all products and services offered by FWENCLUB. We will not provide your personal data to other third parties for use in their direct marketing activities.

You may withdraw your consent for us to use your personal data in our direct marketing activities at any time by (i) indicating your preference where appropriate or (ii) by unsubscribing to our emails or (iii) by contacting us at service@fwenclub.com.

Changes to Privacy Policy

FWENCLUB reserves the right to modify and change the Privacy Policy at any time. Any changes to this policy will be published on our Website. 

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Governing Law

This Privacy Policy and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong SAR. Any dispute or claim arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR.

Contact Us

If you have any questions regarding the way we handle your personal data or if you have any enquiry or complaint, please don't hesitate to contact us at service@fwenclub.com.

In case of any discrepancies between the English and Chinese versions of this Privacy Policy, the English version shall prevail.

Privacy rights of users in the European Economic Area (EEA)

This section applies if you are based in the EEA during your interaction with us.

Our Legal Basis for Processing Personal Data for Customers in the EEA

For customers in the EEA, FWENCLUB lawfully process your personal data under the following legal basis:-

1) Where using your data is in our legitimate interests

We believe that our use of your personal data is within a number of our legitimate interests, including but not limited to:

conducting business by providing services to you, including verifying your identity and any accounts you have with us; administering any marketing activities, processing your orders for products and maintaining your shopping cart, attending to billing, payments, refunds and delivery arrangements; handling and responding to your inquiries, suggestions or complaints; conducting analysis ; providing you with direct marketing communication (where you have given consent);

• to help us satisfy our legal obligations (for example, in relation to prevention of money laundering and anti-terrorism);
• to help us understand you better and provide better, more relevant services to them;
• to ensure that our service runs smoothly; and
• to help us keep our systems secure and prevent unauthorised access or cyber-attacks.

2) Where you have given us your consent to use your personal data

We process your personal data based on your consent for the purpose of direct marketing, such as sending you news, events and product updates.

For this purpose you have the right to withdraw your consent at any time by contacting us at service@fwenclub.com.

3) Where using your personal data is necessary for us for contract performance

We may use your personal data when it is necessary to do so to provide services to you. For example, we need to collect your credit card and payments details in order to be able to process your payments; we need your name and mailing address to deliver products to you

4) Where processing is necessary for us to carry out our legal obligations

We also have legal obligations that we need to comply with and we are allowed to use your personal data when we need to in order to comply with those other legal obligations.

Direct Marketing

For customers in the European Economic Area (EEA), we rely on our legitimate interests and your consent as the legal basis to send you direct marketing materials, unless you object to our use of your personal information in directly marketing. You have the right to opt-out of our direct marketing activities at any time. by (i) indicating your preference where appropriate or (ii) by unsubscribing to our emails or (iii) by contacting us at service@fwenclub.com. Your withdrawal will be properly documented and withdrawal will not affect the lawfulness of processing before the withdrawal.

Your Rights to Your Personal Data

We comply with the rights given you persons based in the EEA under the General Data Protection Regulation (GDPR). Those rights are as follows:

• Correcting Your Information – the right to have Your personal information updated to ensure it is up-to-date and accurate;
• Withdrawing Consent – the right to withdraw Your consent to any processing that is currently being done under Your consent, e.g. marketing;
• Obtaining a copy of Your Information – the right to receive a copy of the personal information We hold about You;
• Deleting Your information –You have the right to request that we erase your personal data, where the data is no longer necessary for the purpose for which we originally collected and/or processed it, where you have withdrawn your consent previously given, or where it is necessary for the data to be erased in order for us to comply with our obligations as a data controller under the GDPR.
• Data Portability – the right to have us transfer to another controller the personal information that You have provided us with.
• Restricting Processing – the right to request a restriction on the processing of Your data in some limited circumstances.
• Right to object to processing – right to request that we stop processing your data for marketing purposes and in other limited circumstances such as asking us not to process your data by wholly automated means or not to analyse your personal data for targeted content etc. (also known as profiling) unless we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms in some cases.

You can exercise any of the rights above by contacting us at service@fwenclub.com. 

We may charge a reasonable fee for processing any data access request.

All of your rights under this section are subject to certain exemptions to safeguard the public interest and our interests. We will aim to respond to requests within 30 days. If we are unable to resolve an inquiry or a complaint, you have the right to contact the data protection regulator in the country in which you are based.

Export of Personal Data outside EEA

For customers in the EEA, please note your personal data may be accessed, transferred or stored outside the EEA, including to countries which may have a lower level of data protection than under the GDPR. We shall comply with specific rules when we transfer personal information from inside the EEA to outside the EEA. We will use appropriate safeguards as permitted by the GDPR to protect your personal data.

Privacy rights of users in California, US

This section applies if you are based in California, US during your interaction with us.

For California residents, the California Consumer Privacy Act of 2018 (CCPA), requires that businesses provide a specific right to opt out of the sale of personal information. We do not sell personal information that directly identifies You. However, the CCPA’s broad definition of “sale” and “personal information” may deem the common flow of information in the digital analytics and advertising ecosystem to be a sale. Like most companies, We may participate in digital network advertising that may constitute a “sale” under the CCPA. You can opt out of the sale of your personal information by emailing us at service@fwenclub.com. You will need to provide your name and the email address you have used when engaging with us. 

We do not knowingly collect personal information from children under the age of 13. If We are aware that personal information of children under 13 has been collected, We will take all reasonable steps to remove such information. Where required by applicable law, We may ask for consent from a parent or guardian before We provide any services or products to a minor.

We will not discriminate against You for exercising any of Your CCPA rights.