terms and conditions for chat services
IMPORTANT NOTES: Before you use the Chat Services (as defined hereinafter), please read these terms and conditions, as may be amended and supplemented from time to time (“Terms”) carefully. By sending messages, responding to communications, or otherwise interacting with or engaging in conversation within the Chatroom (as defined hereinafter) following receipt of the welcome notification, you hereby expressly acknowledge, agree, and confirm that you have read, understood, and unconditionally accepted these Terms and agree to be bound by these Terms, together with the respective privacy policies and personal data protection statements of the KGI Group Companies, including but not limited to the respective Personal Data Protection and Privacy Policy and Personal Information Collection Statements of KGI Securities (Singapore) Pte. Ltd. (“KGISS”), KGI Asia Limited (“KGIA”) and KGI Bank Co., Ltd., Hong Kong Branch (“KGIBHK”), as may be amended and supplemented from time to time. If you do not agree to these Terms, you must immediately discontinue all communications, cease using the Chat Services and exit the Chatroom.
1. General
(a) For a Client who has already opened Account(s) with KGISS or any other KGI Group Company, the Existing Terms (as defined hereinafter) shall apply in addition to these Terms. If there is any inconsistency between the Existing Terms and these Terms, the provisions of these Terms shall prevail in relation to the Chat Services.
(b) The Chat Services are offered to the Client only in jurisdictions where and when they may be lawfully offered. The Chat Services and information relating to the Chat Services are not intended for access or use by persons in other jurisdictions unless such access or use is lawfully permitted. Persons accessing the Chat Services must be aware of and observe all applicable laws, rules and regulations.
2. Definitions and Interpretation
(a) Unless otherwise defined in these Terms, terms defined in the Existing Terms shall have the same meaning when used herein.
(b) In these Terms, the following expressions, unless the context requires otherwise, shall have the following meanings:
“Account” means any account(s) held by the Client with KGISS or any other KGI Group Company from time to time which is subject to the Existing Terms.
“Affiliates” means companies directly or indirectly controlling, controlled by or under common control with KGISS.
“Authorised Representatives” means such persons, officers, employees or agents authorised by the Client to act on its and/or its affiliates’ behalf with respect to the use or operation of Account(s).
“Chatroom” means the chatroom specifically opened and designated by representatives of KGISS and/or any other KGI Group Company to provide the Chat Services to the Client via a Third-party Instant Messaging Platform.
“Chat Services” means the services as defined in Clause 3(a) provided by KGISS and/or any other KGI Group Companies to facilitate the Client’s communication with KGISS and/or any other KGI Group Companies via the Third-party Instant Messaging Platform subject to and upon these Terms.
“Client” means each existing client to whom KGISS and/or any other KGI Group Company provides the Chat Services and, where the context permits, includes any person and Authorised Representative (as the case may be) authorised by the Client to use the Chat Services.
“Client Data” means any information about the Client (including but without limitation to personal data (as defined under the Personal Data Protection Act 2012 of Singapore), all the information, account details, transaction records and affairs of the Client) and all communications to and from the Client on the Third-Party Instant Messaging Platform.
“Existing Terms” means, where applicable, the “Client Agreement” entered into between the Client and KGISS and/or any other applicable agreements or terms and conditions that the Client has entered into with KGISS and/or any other KGI Group Companies (as the case may be), each as may be amended from time to time.
“KGI Group Company” means KGI Securities (Singapore) Pte. Ltd., KGI Asia Limited, KGI Bank Co., Ltd., Hong Kong Branch, and any other Affiliates within the KGI group of companies directly or indirectly controlled by KGI Financial Holding Co., Ltd.
“Third-party Instant Messaging Platform” means WhatsApp, WeChat, or any other third-party instant messaging platform which is approved and notified to you by KGISS or any other KGI Group Company (as the case may be).
3. Scope of Service
(a) KGI Group Companies may, in accordance with and subject to these Terms, respectively provide to the Client, the following services (“Chat Services”):
(i) providing general corporate branding and event information of any KGI Group Companies;
(ii) providing general investor educational information and factual market information about international markets, macroeconomic conditions, market environment, industry segments and general product types in the form of commentaries, research reports, financial, market or other information and data (the “Market Information”) supplied by any person (the “Information Provider”) and/or reports compiled from the Market Information in any form, medium or means (the “Reports”);
(iii) responding to the Client’s general enquiries with respect to the services and products offered by any KGI Group Companies;
(iv) providing contact details and the official website addresses of any KGI Group Companies to facilitate the Client seeking further service or support from such KGI Group Companies; and/or
(v) such other services as any KGI Group Companies may approve or permit from time to time.
(b) Except as provided in Clause 3(a), none of the KGI Group Companies will engage in discussion with the Client on the Chatroom for account opening and/or any specific investment products or banking transactions, unless otherwise exempted or permitted under the applicable laws or regulations. The Client acknowledges and understands that any account opening related or transaction or product specific enquiries or instructions from the Client shall be communicated to the relevant KGI Group Companies via other communication channels permitted by them, unless otherwise exempted or permitted under the applicable laws or regulations.
(c) For the avoidance of doubt, by providing the Chat Services, none of the KGI Group Companies has advertised or invited the Client to establish a business relationship with any KGI Group Company, use its financial or related services or make or dispose of any investment products (including opening the Account, enter into any agreement to make a deposit or enter into any agreement with a view to acquiring, disposing of, subscribing for or underwriting securities), and any documents provided to the Client should not be regarded as such.
(d) The Client acknowledges that the Market Information and the Reports are made available for reference only, are not intended to be relied on for trading or re-distribution to any third parties or other purposes. The provision of the Market Information and the Reports by any KGI Group Companies do not, by itself, constitute investment advice nor any offer or solicitation to offer or recommendation of any investment product. Neither KGI Group Companies nor any Information Provider shall be considered an investment adviser to the Client. Neither KGI Group Companies nor any Information Provider warrants, represents or undertakes the sequence, accuracy, truth, reliability, adequacy, timeliness or completeness of any of the Market Information or the Reports or whether it is fit for any purpose. Neither KGI Group Companies nor any Information Provider assume any liability (whether in tort or contract or otherwise) for any of the Client’s reliance on the Market Information or the Reports.
4. Service Fees and Charges
(a) The Client agrees and acknowledges that in consideration of the Chat Services provided, each of the relevant KGI Group Companies reserves the right to charge the Client fees and charges in the amount and on such basis as notified to the Client from time to time.
(b) Each of the relevant KGI Group Companies may revise the fees and charges at any time by giving 30 days’ prior notice to the Client or in other means as the relevant KGI Group Companies may determine in compliance with applicable laws and regulations.
5. Client Referral between KGI Group Companies
For the purpose of the Chat Service, the Client specifically provides consent for each of KGISS and other KGI Group Companies to:
(a) introduce and refer the Client to any other KGI Group Companies, strictly on reverse enquiry basis;
(b) grant representatives of KGISS and other KGI Group Companies with access to the Chatroom;
(c) disclose and share Client Data to any other KGI Group Companies in accordance with Clause 9 below; and
(d) receive remuneration or other benefits (if any) for the aforesaid referral in its capacity as the introducing or referring party to the extent permitted by applicable laws and regulations.
6. Acknowledgement by the Client
The Client hereby acknowledges and confirms its understanding that:
(a) KGISS does not carry on banking business or any regulated activities under the Banking Act 1970 in Singapore or the Banking Ordinance in Hong Kong (Cap 155 of the Laws of Hong Kong).
(b) unless otherwise specified, KGISS does not carry on business of any regulated activities under the Securities and Futures Ordinance (Cap 571 of the Laws of Hong Kong);
(c) in providing the Chat Services, none of KGISS or its representatives, agents, consultants and employees is acting as an agent or on behalf of another KGI Group Company;
(d) none of KGISS or its representatives, agents, consultants and employees is authorised to make any representations on behalf of any other KGI Group Companies. As such, such KGI Group Companies will not be bound by any such representations;
(e) none of KGISS or its representatives, agents, consultants and employees assumes any responsibility or obligation regarding any conduct, action, representation or statement of any other KGI Group Companies (and their respective representatives, agents, consultants and employees); and
(f) none of KGISS or its representatives, agents, consultants and employees is obliged to act upon any instructions given by the Client through the Chatroom pursuant to Clause 3(b) above and such instructions may only be acted upon actual receipt and acknowledgement by KGISS or its representatives, agents, consultants and employees via other communication channels permitted during their respective business hours.
7. Risks Associated with the Chat Services
(a) The Client acknowledges and agrees that the communication facilities adopted by KGI Group Companies (including the relevant Third-party Instant Messaging Platforms and the Chatrooms) for the purpose of the transmission or communication of any information may be unreliable or unavailable at any time, causing interruption, delay, corruption or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur when transmitting data via such communication facilities. Also, transmission or communication of any information between the Client and any KGI Group Company may be delayed as a result of a range of factors, including but without limitation to time zone differences, public holidays in Singapore or other jurisdictions, or other reasons beyond the control of KGI Group Companies, and each of the KGI Group Companies should not be liable for such delay or any interest thereon (if any).
(b) The Client accepts all risks arising from its acceptance of any of the Chat Services made available by any KGI Group Companies, including but not limited to, any loss suffered as a result of any delay, error or omission of transmission and communication of any information between the Client and the KGI Group Companies.
8. Exemption of Liability
To the fullest extent permissible under laws and regulations applicable to the relevant KGI Group Companies, in the absence of gross negligence, fraud or wilful misconduct, neither such KGI Group Companies nor any of their respective agents, officers or employees shall be:
(a) liable to the Client for any loss, claim, cost or expense suffered by the Client; or
(b) be accountable for any gain, profit or other advantage derived by such KGI Group Companies or any of their respective agents, officers or employees,
arising out of or connected with any act or omission in relation to these Terms, provision of the Chat Services or the Client’s use of the Chat Services or communications through the Third-Party Instant Messaging Platform.
9. Use and Retention of Client Data
(a) By accepting these Terms, the Client agrees and confirms that subject to the data protection and cross-border transfer requirements under the applicable laws and regulations, each of the KGI Group Companies may from time to time:
(i) collect, use, process (or retrieve from existing or future records) the Client Data, which may or may not be collected and held by the KGI Group Companies through the introduction or referral of the Client referred to in Clause 5 above, the establishment of Account(s), business relationship or the Chatroom with the Client, the provision of financial or other services or other dealings in the ordinary course of the continuation of the business relationship with the Client;
(ii) transfer the Client Data to other KGI Group Companies; and
(iii) transfer, process, archive or store the Client Data outside or within Singapore by itself or through its service providers which may have operations in Singapore or other jurisdictions (as the case may be),
to the extent necessary for the purposes of and relating to provision of the Chat Services, the Client’s use of the Chat Services and communications through the Third-Party Instant Messaging Platform and the provision of any financial or other services and products of any KGI Group Companies.
(b) For the avoidance of doubt, the Client further agrees and confirms that each of the KGI Group Companies and their respective duly authorised staff (on a need-to-know basis and for the purposes of and relating to provision of the Chat Services, the Client’s use of the Chat Services and communications through the Third-Party Instant Messaging Platform) will be able to access and view the Client Data (whether with respect to its Account(s) held with any KGI Group Company or otherwise). Without prejudice and in addition to Clause 9(a) above, each of the KGI Group Companies is hereby expressly authorised by the Client to access, retrieve and use all Client Data in possession or under control of other KGI Group Companies, to the extent necessary for the purposes of or relating to provision of the Chat Services, the Client’s use of the Chat Services and communications through the Third-Party Instant Messaging Platform and the provision of any financial or other services and products of any KGI Group Companies.
(d) To the extent applicable, the Client further agrees and confirms that any Client Data which the Client provides to or agrees to be transferred to the relevant KGI Group Companies will be treated in accordance with their respective privacy statements and policies (including but not limited to KGISS’s Personal Data and Privacy Policy (Appendix 1 hereunder), and the respective Personal Information Collection Statements of KGISS, KGIA and KGIBHK) as may be amended or supplemented from time to time and the Client agrees to be bound by their respective provisions. Any material changes to such statements or policies will be separately notified to the Client in accordance with the terms of such statements, policies or Existing Terms, including by way of posting the updated statements or policies on the relevant KGI Group Companies’ official websites.
(e) For the avoidance of doubt, nothing in these Terms shall prevent disclosure of the Client Data by each of the KGI Group Companies as required by any applicable laws and regulations or as required or requested by any regulatory, supervisory, law enforcement or government body.
10. Termination
(c) Either party is entitled to terminate these Terms at any time and without justification provided that it has given to the other party 7 days’ prior written notice.
(d) Without prejudice to Clause 10(c), the Client may at any time cease to use the Chat Services provided by any KGI Group Companies without any prior notice provided that the Client will not be released from its obligations and liabilities to the relevant KGI Group Companies accrued under these Terms prior to the effective date of termination.
(e) Notwithstanding Clause 10(c), each of the KGI Group Companies which provides the Chat Services to the Client may terminate these Terms with immediate effect without any prior notice to the Client at any time upon the occurrence of any of the following events:
(i) continuation of these Terms would cause any KGI Group Company to be in breach of any applicable laws or regulations;
(ii) the Client is in breach of any of the terms and conditions of these Terms;
(iii) the Client’s death or legal incapacity;
(iv) the filing of a petition in bankruptcy, winding up or the commencement of other analogous proceedings against the Client; or
(v) any representation, warranty or undertaking made by the Client pursuant to these Terms is or proves to have been untrue, incorrect or misleading in any respect with reference to the facts and circumstances then subsisting.
(f) Termination of these Terms shall be without prejudice to any party’s rights of action against the other parties for any antecedent breach or liability incurred prior to the date of termination. This Clause 10(f) shall survive termination of these Terms.
11. Indemnity
The Client shall indemnify and hold each of the KGI Group Companies harmless against all losses, damages, costs, expenses, charges, actions, suits, proceedings, claims or demands which any of them may suffer or incur or which may be brought against any of them in connection with these Terms or the Chat Services.
12. Entire Agreement
These Terms constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject.
13. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of Singapore. The parties agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
14. Amendments
(a) KGI Group Companies may at any time delete, replace, add or change any term of these Terms applicable to the Chat Services applied for or utilised by the Client by giving prior notice to the Client with effect from the effective date as stated in such notice or posting the updated Terms on the Third-party Instant Messaging Platforms or the relevant KGI Group Companies’ official websites.
(b) KGI Group Companies may at any time determine and update or modify from time to time the extent and scope of the Chat Services or suspend or withdraw any existing Chat Services without any prior notice.
15. Third Party Rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 in Singapore to enforce or to enjoy the benefit of any term of these Terms.
Appendix 1: Personal Data Protection and Privacy Policy
We recognise the importance of your personal data and your privacy and we are committed to protecting them. This Personal Data Protection and Privacy Policy (the “Policy”) is therefore designed to assist you in understanding how we collect and handle the personal data you may entrust and/or have entrusted to us and comply with the requirements of the Personal Data Protection Act 2012 (the “PDPA”).
1. Types Of Personal Data
In this Policy, the term “Personal Data” shall have the meaning ascribed to it in the PDPA. Common examples of the Personal Data include names, identification numbers, contact information, medical records, transactional data, photographs, video images and other information relating to any individuals in any forms.
2. Collection of Personal Data
2.1 Generally, we collect Personal Data in the following ways:
(1) when you submit any form, including but not limited to application forms or other forms relating to any of our products or services provided by us;
(2) when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our services;
(3) when you interact with our staff, including relationship managers and their assistants via telephone calls (which may be recorded), letters, fax, face-to-face meetings, emails and other methods of communications;
(4) when your images are captured by us via closed-circuit television cameras while you are within our premises, or via photographs or videos taken by us or our representatives when you attend events hosted by us;
(5) when you use some of our services provided through online and other technology platforms, such as websites and apps, including when you establish any online accounts with us;
(6) when you request that we contact you, or include you in an email or other mailing list; or when you respond to our request for additional Personal Data, our promotions and other initiatives;
(7) when you are contacted by, and respond to, our marketing representatives, agents and other service providers;
(8) when we seek information about you and receive your Personal Data from third parties in connection with your relationship with us, for example, from referrers, business partners, external or independent asset managers, public agencies or the relevant authorities;
(9) through physical access, internet and information technology monitoring processes;
(10) in connection with any investigation, litigation, registration or professional disciplinary matter, criminal prosecution, inquest or inquiry which may relate to you or any Connected Person; and/or
(11) when you submit your Personal Data to us for any other reason.
2.2 When you browse our website, you generally do so anonymously but please see below section on the use cookies. We do not, at our website, automatically collect Personal Data, including your email address unless you provide such information or login with your account credentials.
3. Purpose For Collection, Use, Disclosure And Processing Of Personal Data
We may collect, use, disclose and/or process your Personal Data for any of the following purposes:
(1) responding to, processing and handling your enquiries and application for account opening/closing, services and products by us;
(2) providing and updating our services, products and facilities to you, as well as services, products and facilities by other external providers provided through the us from time to time;
(3) administering and/or managing the relationship between us and/or your account;
(4) carrying out your instructions or responding to any enquiries by you;
(5) carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations or risk management procedures (including but not limited to those designed to combat financial crime, “know-your customer”, anti-money laundering, counter-terrorist financing or anti-bribery), that may be required by law or that may have been put in place by us;
(6) providing you with marketing, advertising and promotional information, materials and/or documents relating to banking, investment, credit and/or financial products and/or services that we may be selling, marketing, offering or promoting, whether such products or services exist now or are created in the future;
(7) preventing, detecting and investigating fraud, misconduct, any unlawful action or omission, whether relating to your application or any other matter relating to your account(s), and whether or not there is any suspicion of the aforementioned;
(8) managing the administrative and business operations of the Companies and complying with internal policies and procedures (including but not limited to those relating to auditing, finance, accounting and business continuity planning);
(9) managing the safety and security of our premises and services (including but not limited to carrying out CCTV surveillance and conducting security clearances);
(10) complying with the requirement of any applicable law or regulatory authority;
(11) enforcing our legal and / or contractual rights against you; and
(12) any other purposes which we notify you of at the time of obtaining your consent.
4. Disclosure of Personal Data
We will take reasonable steps to protect your Personal Data against unauthorised disclosure. Subject to the provisions of any applicable law, your Personal Data may be provided, for one or more of the purposes stated above, to the following entities or parties, whether they are located overseas or in Singapore:
(1) our associated group companies and successor-in-interest to our business or assets;
(2) our third party service providers, agents, contractors, or professional advisers;
(3) relevant government regulators, government ministries, exchange, statutory boards or authorities or law enforcement agencies who have jurisdiction over us or our associated group companies or over any transaction entered into by you;
(4) any liquidator, receiver, administrator, judicial manager, trustees-in-bankruptcy, custodian or other similar official who has been so appointed, pursuant to bankruptcy, winding-up or insolvency proceedings instituted in Singapore or elsewhere, in respect of you or your assets;
(5) financial institutions, brokerage houses, clearing houses, depository, depository agents, managers, administrators, fund houses, registrars, custodians, external banks, nominee banks and investment vehicles in relation to investment product settlement processing; and
(6) any other party to whom you authorise us to disclose your Personal Data to.
5. Access To And Correction Of Personal Data
5.1 Upon request, we will provide you with access to your Personal Data or other appropriate information on your Personal Data in accordance with the requirements of the PDPA. We may charge you a reasonable fee for the handling and processing of your requests to access to your Personal Data.
5.2 Upon request, we will correct an error or omission in your Personal Data that is in our possession or control in accordance with the requirements of the PDPA.
6. Withdrawal of Consent
You may withdraw your consent for the collection, use and/or disclosure of your Personal Data in our possession or under our control by submitting your request. We will process your request from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we will not be able to continue with your existing relationship with us.
7. Retention
Your Personal Data will be held for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We shall cease to retain the Personal Data, or remove the means by which the Personal Data can be associated with particular individuals, as soon as it is reasonable to assume that the purpose for which that Personal Data was collected is no longer being served by retention of the Personal Data and retention is no longer necessary for legal or business purposes.
8. Security And Protection
We have put in place relevant security procedures and technical and organisational measures to safeguard the Personal Data in our possession or under our control and to we will use all reasonable efforts to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. However, we cannot completely guarantee the security of any Personal Data we may have collected from or about you, or that for example no harmful code will enter our website (for example viruses, bugs, Trojan horses, spyware or adware). You should be aware of the risks associated with using websites and take any necessary precautions.
9. Use of Cookies
9.1. Cookies are small text files placed stored in your computing or other electronic devices which allow us to remember you or other data about you. The cookies placed by our server can only be read by us, and cookies cannot access, read or modify any other data on an electronic device. All web-browsers offer the option to refuse any cookie, and in the event, if you were to refuse our cookie then we do not gather any information on that visitor.
9.2. When you interact with us on our websites, we automatically receive and record information on our server logs from your browser. We may employ cookies in order for our server to recognise a return visitor as a unique user including, without limitation, monitoring information relating to how a visitor arrives at the website, what kind of browser a visitor is on, what operating system a visitor is using, a visitor's IP address, and a visitor's click stream information and time stamp (for example, which pages they have viewed, the time the pages were accessed and the time spent per web page).
9.3. Should you wish to disable the cookies associated with these technologies, you may do so by changing the setting on your browser. However, you may not be able to enter certain part(s) of our website.
10. Contact Us
If you:
(1) have any questions or feedback relating to your Personal Data or this Policy;
(2) would like to withdraw your consent to any use of your Personal Data as set out in this Protection Policy; or
(3) would like to obtain access and make corrections to your Personal Data records,
please contact us as follows:
KGI Securities (Singapore) Pte. Ltd.
Email: [email protected]
11. Policy Updates
We keep this Policy under regular review and we reserve the right to amend the terms of this Policy at our absolute discretion and at any time. Any amended Policy will be posted on our website. You are encouraged to visit our website from time to time to ensure that you are well informed of our latest policies in relation to personal data protection.
12. Governing Law
Note that as we are a Singapore registered company, this Policy has been drafted solely in accordance with the laws of Singapore. We do not represent or warrant that this Policy complies with the privacy laws of any other jurisdiction and accordingly, you shall not construe this Policy as such.
