1. INTRODUCTION
Welcome to the website of Edifice Global Markets Limited (“Edifice”). By clicking “Accept” and accessing this website (the “Site”), you acknowledge and agree that your access to and use of the Site, including all text, images, graphics, user interfaces, information, data, tools, products, services, software, code and other materials made available on or through the Site (collectively, the “Content”), whether provided by Edifice or its affiliates (together, “Edifice”), are governed exclusively by the terms and conditions set out in this Online Access and Terms of Use Agreement (the “Agreement”).
You should read this Agreement carefully, as access to and use of the Site are expressly conditional upon your acceptance of these terms. If you do not agree to the terms of this Agreement, you must not access or use the Site.
Edifice reserves the right, in its sole discretion, to refuse, suspend or terminate access to the Site at any time, without notice. Edifice may also modify, suspend or discontinue the Site, or amend the terms and conditions governing access to or use of the Site, including this Agreement, at any time and without prior notice. Continued access to or use of the Site following any such changes constitutes acceptance of the revised terms.
2. PURPOSE OF THE SITE:
NO OFFER OF SECURITIES; NO ADVICE
The Site is intended to provide an overview of Edifice and its products and services, and is for general information purposes only. The Site is not intended to provide investment, accounting, tax or legal advice. You should consult your own investment, legal and/or tax professionals regarding your specific situation. Users of this Site should be aware that Edifice is not acting for, or advising them, and is not responsible for providing them with the protections available under the Hong Kong regulatory system.
Edifice makes no representation that the materials on this Site are appropriate or available for use in all locations, or that the compliance, transactional or other services described on this Site are available, offered or suitable in every jurisdiction or for every investor or counterparty. Access to this Site is at your own initiative, and you are solely responsible for ensuring compliance with all applicable local laws, regulations and regulatory requirements.
In the Hong Kong SAR, this Site is directed only at persons who are a professional investor (as defined under Hong Kong securities laws) or otherwise a relevant person or permitted recipient under the securities laws of your jurisdiction, and that you are legally permitted to access this website and its contents in accordance with all applicable laws and regulations in your jurisdiction.
3. NATURE OF THE CONTENT
While Edifice uses reasonable efforts to obtain information from reliable sources, Edifice makes no representations or warranties as to the accuracy, reliability, or completeness of any Content at this Site. Opinions and any other Content are subject to change without notice. Edifice is not utilizing this Site to provide investment or other advice to you or any other party, and no information or material at this Site is to be relied upon for the purpose of making or communicating investment or other decisions.
All materials on this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosure, or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
4. SUMMARY OF RISK FACTORS
Edifice provides KYC, EDD, and counterparty risk assessment services to support onboarding and ongoing monitoring processes. Information on this website is for general information only and does not constitute legal, regulatory or investment advice, nor a recommendation or decision in respect of any counterparty or transaction.
5. USER IDENTIFICATION CODES AND PASSWORDS
Authorised users only. This secure portal contains confidential KYC, EDD and counterparty risk information for internal compliance and monitoring purposes only and does not constitute legal, regulatory or investment advice. Access is restricted, monitored and subject to immediate suspension for unauthorised use.
6. CONFIDENTIALITY, INTELLECTUAL PROPERTY RIGHTS
Edifice owns and maintains this Site. The Content is the intellectual property of Edifice. Nothing at this Site shall be construed as granting by implication, estoppel, or otherwise any license or right
to use any of the Content of the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material at this Site to you. Anything that you transmit to this Site becomes the property of Edifice, may be used by Edifice for any lawful purpose, and is further subject to disclosure as deemed appropriate by Edifice including to any legal or regulatory authority to which Edifice is subject. Edifice reserves all rights with respect to copyrights, service mark, and trademark ownership of all Content, names, logos or identifying marks relating to products or services of Edifice at this Site and will enforce such rights to the full extent of the law.
Unless information contained on the Site is otherwise public information, all Content contained on the Site is considered to be confidential information (including the Site’s features, functions, options, tools, capabilities, format, and layout, etc.), and you agree not to copy, republish, or redistribute any of the Content or disclose the same to any third parties unless and only to the extent Edifice has given you written permission to do so.
7. DATA PROTECTION AND USE OF COOKIES
Edifice is committed to protecting your personal information and respecting your privacy. This Privacy Notice explains how we collect, use, disclose, transfer and safeguard personal information obtained through this website (the “Site”). It also describes your rights in relation to personal information and how you may exercise those rights. By accessing or using this Site, you acknowledge that you have read and understood this Privacy Notice.
Collection of Personal Information
We may collect personal information about you when you register for, subscribe to, or otherwise use the Site, when you complete online forms, or when you voluntarily provide information to us through the Site. This information may include your name, contact details, professional details, and other information you choose to provide.
We may also collect personal information in connection with your interactions or transactions with Edifice, including information relating to onboarding, customer due diligence, enhanced due diligence, compliance, counterparty risk assessment, or other business relationships. Such information may be provided directly by you or by third parties acting on your behalf, or obtained from publicly available or proprietary sources, where permitted by applicable law.
In addition, we may automatically collect certain information about your visit to the Site through the use of cookies and similar technologies. Cookies are small data files placed on your device by a web server to help us recognise repeat visitors, enhance site functionality, and understand how the Site is accessed and used. By continuing to browse or use this Site, you consent to our use of cookies in accordance with this Privacy Notice and our Cookies Policy.
Use of Personal Information
We use personal information for a range of legitimate business purposes, including:
Transfers and Disclosures
We may transfer personal information to countries or jurisdictions outside your country of residence, including to countries outside the European Economic Area, where necessary for the purposes described in this Privacy Notice and in accordance with applicable data protection laws.
We may also disclose or transfer personal information to third parties in connection with the assignment or transfer of our rights or obligations under any agreement, a sale of shares, merger, consolidation, restructuring or other corporate transaction involving Edifice, or to any successor, transferee or acquirer of all or part of Edifice’s business or assets.
In addition, we may disclose personal information where required, requested or permitted by law, including in response to requests from courts, governmental, regulatory or law enforcement authorities, or in connection with legal proceedings. We may also disclose personal information where we consider such disclosure necessary or appropriate to comply with legal obligations, enforce our rights, or protect our property or interests, or where required by our website hosting or internet service providers.
Data Security
We take reasonable technical and organisational measures designed to protect personal information against unauthorised access, loss, misuse or alteration. However, no method of transmission over the internet or electronic storage is completely secure. Accordingly, while we strive to protect personal information, we cannot guarantee the absolute security of information transmitted through the Site, and any such transmission is at your own risk.
Cookies and Website Analytics
The Site uses cookies and similar technologies for technical functionality, performance monitoring and user experience enhancement. For example, session cookies may be used to remember information you enter so you do not have to re-enter it during your visit. Information collected through cookies may also be used to analyse usage patterns and improve the Site.
You may configure your browser to notify you when cookies are used or to block cookies entirely. Please note that disabling cookies may limit your ability to access certain features or areas of the Site. Further information on managing cookies is available through your browser settings, at www.allaboutcookies.org, or in Edifice’s Cookies Policy.
Your Rights
Depending on your location and applicable data protection laws, you may have certain rights in relation to your personal information, including the right to request access to a copy of the personal information we hold about you, request that personal information be corrected, updated, restricted or deleted where it is inaccurate, incomplete or no longer relevant, and object to or limit certain processing activities, where permitted by law. Requests may be subject to verification of identity and, where permitted by law, a reasonable administrative fee.
Contact Us
If you have any questions about this Privacy Notice, our use of personal information, or if you wish to exercise your data protection rights, please contact us at privacy@edifice.com.
8. DISCLAIMERS
This Site is operated by Edifice on an “AS IS” and “AS AVAILABLE” basis, without representations or warranties of any kind. To the fullest extent permitted by applicable law, Edifice disclaims all representations and warranties, whether express, implied or statutory, including, without limitation, warranties of title, merchantability, non-infringement, accuracy, completeness and fitness for a particular purpose.
Edifice does not represent or warrant that the content available on this Site is accurate, reliable, complete, current or error-free, or that access to the Site will be uninterrupted, timely or secure. While Edifice uses reasonable efforts to maintain the Site, it may from time to time experience interruptions, delays, errors or technical failures, and may be subject to viruses, malware or other harmful components.
Any use of this Site and reliance on its content is entirely at your own risk. Edifice shall not be liable for any action taken or decision made in reliance on the Site or for any loss or damage arising from your access to or use of the Site.
You acknowledge that using the internet involves inherent security and privacy risks, including unauthorised access, interception of data, hacking, password compromise, impersonation, and exposure to harmful or objectionable material. Nothing in this disclaimer limits liability that cannot be excluded under applicable law.
9. LIMITATION OF LIABILITY
Under no circumstances, shall Edifice and its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence, or other tortuous action, even if an authorized representative of Edifice or its affiliates has been advised or should have known of the possibility
of such damages. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. In no event shall the total liability of Edifice or any of its affiliates for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this Site.
10. NO ENDORSEMENTS
References on the Site to any names, marks, products or services of third parties or hypertext links to third-party sites or information do not constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by Edifice. Edifice and its affiliates do not endorse or make any warranties or representations about any site you may access through the Site. Any links to other sites are provided for convenience only. If you access any third-party website through the Site or otherwise, you do so at your own risk.
11. MONITORING THE SITE
Edifice reserves the right to monitor and record activity on the Site at its sole discretion, and may report any activity that it suspects may violate any law or regulation as it deems appropriate.
12. LAW
This Agreement (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.
13. USE OF AUTOMATED TOOLS AND DATA PRIVACY
13.1 Use of Automated Tools
Edifice may from time to time deploy automated tools, including artificial intelligence–enabled systems, chatbots or data privacy support tools (collectively, “Automated Tools”), to assist users in navigating the Site, understanding Edifice’s policies (including data protection and privacy matters), responding to general enquiries, or supporting compliance, onboarding, monitoring and risk management processes.
13.2 No Advice; Informational Purposes Only
Any information or output provided through Automated Tools is made available for general informational purposes only and does not constitute legal, regulatory, investment or professional advice, nor does it create any fiduciary, advisory or client relationship between you and Edifice.
13.3 Monitoring and Processing of Interactions
Interactions with Automated Tools may be monitored, recorded, and processed for legitimate business purposes, including security, system improvement, compliance, training, audit, and risk management, subject at all times to applicable data protection laws.
13.4 Data Protection Compliance (Hong Kong and GDPR)
All collection, use, processing, retention, transfer and disclosure of personal data through Automated Tools shall be conducted in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong, together with any applicable codes of practice or guidance issued by the Office of the Privacy Commissioner for Personal Data, and, where applicable, the General Data Protection Regulation (EU) 2016/679 (“GDPR”), including principles relating to lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality.
13.5 Privacy Notice
Processing of personal data through Automated Tools forms part of Edifice’s broader data protection practices and is subject to Section 7 (Data Protection and Use of Cookies) and the Privacy Notice referenced therein, which is incorporated into this Agreement by reference.
13.6 User Obligations
You should not submit sensitive personal data, confidential information, legally privileged material or third-party personal data through Automated Tools unless expressly requested or permitted by Edifice and permitted under applicable law.
13.7 Availability and Modification
Edifice reserves the right, in its sole discretion, to modify, suspend, restrict or discontinue any Automated Tool, in whole or in part, at any time and without notice.
