Privacy Policy

Privacy & Cookie Policy

We are Cult Wines Hong Kong Limited, a company registered in Hong Kong and with its registered office at 20th Floor, Wah Hing Commercial Building, 283 Lockhart Road, Wanchai, Hong Kong (we might refer to ourselves as "Cult Wines", "we", "our" or "us"). This is the Privacy and Cookies Policy ("Policy") our wine portfolio management services and the website hosted at www.wineinvestment.com/hk/ ("our Site") (together the "Services"). We are committed to protecting and respecting your privacy.

This Policy sets out:

  1. What information do we collect about you?
    2.
  2. How will we use your information?
    3.
  3. Sharing your information with others
    4.
  4. How long do we keep your information?
    5.
  5. How do we protect your information?
    6.
  6. What are your rights?
    7.
  7. Where we store your information
    8.
  8. Payment processing
    9.
  9. Changes to this policy
    10.
  10. Contact us
    11.
  11. If you reside or are in Hong Kong
    12.
  12. If you are a resident in the UK or EU
    13.



Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By accepting our Services, you acknowledge you have read and understood this Policy.

For the purposes of UK and EU data protection law ("Data Protection Law"), we are the data controller of your information.

1. What information do we collect about you?

Information you give us

  • To use our Services, you will need to register for an account ("Account") with us through the account opening request form available on our Site (we call this your "Account Opening Request") as part of the onboarding process. You will need to be at least 18 years of age to create an Account and to use our Services.
  • You will need to enter the following types of information into the Account Opening Request:
    • Identity - full name
    • Contact - address, email address, phone number
  • As part of the onboarding process, you will also provide us with the following:
    • Profile - information about your investment style, risk appetite and investment length so we can build your investor profile and furnish you with appropriate investment recommendations;
    • Transaction - payment details to fund your Account, which is collected via the online form or bank transfer; and
    • Financial - information about your financial background (i.e. your net worth, income, or job position) when you complete our investor declaration form.
  • In some circumstances, we may also need you to provide certified copies of identification documents (i.e. passports) and utility bills for verification checks purposes which forms part of identity information.
  • We may also collect Communication information (i.e records of any correspondence and communication if you contact us, including information you supply if you report a problem with our Site or Services to us). This covers information we learn about you from: letters, faxes, emails, texts & other digital messaging, calls, face-to-face conversations you have with us.
  • If you sign up for ongoing insights, newsletters, download reports or other promotional material from us, we will collect your contact information and marketing preferences.
  • You are not required to provide your personal information to us but if you do not, we may not be able to provide you with our Services. We will indicate in the relevant forms or applications if the required personal information is for obligatory or voluntary purposes. If the personal information is to be used for an obligatory purpose, we will not be able to provide the Services for which you are applying if you fail to supply such personal information to us. If personal information is only used for a voluntary purpose, you can choose not to supply such personal information to us.
    • Information from third parties

2. How will we use this information?

  • You can see a full list of the types of data we process, the prupose for which we process it and the lawful basis on which it is processed here.
  • We use personal data held about you in the following ways:

    Information you give to us:

    We will use this information to:
    • Set up your Account and fulfil any orders you make with us, including:
      • administering your account with us;
      • verifying and carrying out payments that you make through our Site; and
      • notifying you about changes to our Services.
    • Manage your Account moving forward;
    • In some circumstances, and depending on the type of account you hold with us, to set preferences and make decisions about you and your account on an automated basis i.e. through the use of artificial intelligence tools to manage your account based on your previous activity and stated preferences;
    • Provide you with information about our products and Services we feel may interest you, if you have given your consent to receiving marketing material from us at the point we collected your information, where required by law or otherwise in our legitimate interests provided these interests do not override your right to object to such communications. See 'Our promotional updates and communications'.
    • Ensure in our legitimate interest that:
      • content from our Site is easy for you to read and understand on your devices; and
      • we answer any questions you have and give you any information that you request.

    Information we collect about you from your use of our Services:

    We will use some information, in our legitimate interest, to help us:
    • to run our Site and our Services and to help us spot problems;
    • to understand how people use our Site so we can improve them;
    • to keep our Site safe and secure;
    • to make sure any advertising we send or show to you is relevant to you; and
    • to allow you to participate in any interactive features of our service, when you choose to do so.

    Information we collect about you from your use of our Services:

    • Where permitted in our legitimate interest or with your prior consent, we will use your personal information for marketing analysis and to provide you with promotional update communications about our products.
    • You can object to further marketing at any time by checking and updating your contact details within your account, or selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you, or by sending us an email at [email protected].

3. Sharing your information with others

  • To provide our Services, we work with the following carefully selected third parties. To do this, we may share your information with these third parties:
    • the third parties responsible for arranging and fulfilling delivery of your wine order to our storage facility or to you (specifically your name and delivery address);
    • any service providers hired to provide administrative, communication, wine storage, delivery, payment processing or insurance services;
    • any group companies which operate the business of providing services related to our Services to you;
    • any affiliated companies which operate the business of providing services related to our Services to you; and
    • any professional advisers necessary in providing our Services to you.
  • We will also disclose your information to third parties:
    • in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets subject to the terms of this Policy;
    • if Cult Wines or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and
    • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or to enforce or apply our terms of supply and other agreements with you; or to protect the rights, property, or safety of Cult Wines, our customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction and to prevent cybercrime.
  • We also work with several third parties to provide the Site and the Services to you, as follows:
    Third party processor Purpose of sharing your personal data with them Privacy policy
    Google Google Analytics, Google Adwords, Google Remarketing, Google Tag Manager. https://policies.google.com/privacy/
    Woopra Real-time analysis of website visitor flows. https://www.woopra.com/privacy/
    Facebook Facebook Pixel, Analytics https://www.facebook.com/about/privacy/

4. Cookies and other technologies

  • Our Site uses cookies and/or other similar technologies such as device-IDs, in-App codes, pixel tags and web beacons to collect and store certain information. These typically involve pieces of information or code that a website transfers to or accesses from your computer hard drive or mobile device to store and sometimes track information about you. Cookies and similar technologies enable you to be remembered when using that computer or device to interact with websites and online services and can be used to manage a range of features and content as well as storing searches and presenting personalised content.
  • Our Site uses cookies and similar technologies either alone or in combination with each other to create a unique device ID, and to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site.
  • A number of cookies and similar technologies we use last only for the duration of your web or app session and expire when you close your browser or exit the Site. Others are used to remember you when you return to the Site and will last for longer.
  • We use strictly necessary cookies if they are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights). We use all other cookies with your consent.
  • We use the following types of cookies:

    Strictly necessary cookies
    These are cookies that are required for the operation of our website and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website or (on other Sites) use a shopping cart.

    Functionality cookies
    These may be used to recognise you when you return to our website. This enables us, subject to your choices and preferences, to personalise our content, greet you by name and remember your preferences (for example, choice of language or region).

    Analytical / performance cookies
    These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

    Targeting / Advertising cookies
    These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information subject to your choices and preferences to make our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
    Social networking cookies
    These cookies help us manage our social media, including enabling you to share content and enabling us to understand how you interact with us. We will use this information subject to your choices and preferences to improve our Site and services. We may also share this information with third parties for this purpose.
    We may also work with advertising networks that gather information about the content on our Site you visit and on information on other websites and services you visit. This may result in you seeing advertisements through our Site or our advertisements when you visit other websites and services of third parties. For more information about how to turn this feature off see below or visit http://www.youronlinechoices.co.uk.

    Cookie name Why we use it Expires
    lidc (linkedin.com) Social Networking 1 [day]
    _gid (wineinvestment.com/google.com) Analytical/Performance and Targeting/Advertising 1 [day]
    __cfduid (cloudflare.com) Functionality 30 [days]
    __cfduid (highcharts.com/cloudflare.com) Functionality 30 [days]
    __cfduid (lightwidget.com/cloudflare.com) Functionality 30 [days]
    AnalyticsSyncHistory (linkedin.com) Social Networking 30 [days]
    UserMatchHistory (linkedin.com) Social Networking 30 [days]
    __cfduid (wineinvestment.com/cloudflare.com) Functionality 30 [days]
    FluentLocale (wineinvestment.com) Strictly necessary 90 [days]
    basket_en_gb (wineinvestment.com) Functionality 90 [days]
    _fbp (wineinvestment.com/facebook.com) Analytical/Performance and Targeting/Advertising 90 [days]
    _hjid (wineinvestment.com/hotjar.com) Analytical/Performance 365 [days]
    wooTracker (wineinvestment.com/woopra.com) Analytical/Performance 365 [days]
    bcookie (linkedin.com) Social Networking 730 [days]
    bscookie (linkedin.com) Social Networking 730 [days]
    _ga (wineinvestment.com/google.com) Analytical/Performance and Targeting/Advertising 730 [days]
    lang (linkedin.com) Social Networking and Targeting/Advertising Session Only
    lang (linkedin.com) Social Networking Session Only
    JSESSIONID (nr-data.net) Analytical/Performance Session Only
    PHPSESSID (wineinvestment.com) Strictly necessary Session Only
    _gat (wineinvestment.com/google.com) Analytical/Performance and Targeting/Advertising Session Only
    _hjIncludedInSessionSample (wineinvestment.com/hotjar.com) Analytical/Performance Session Only
    _hjAbsoluteSessionInProgress (wineinvestment.com/hotjar.com) Analytical/Performance Session Only
    _hjTLDTest (wineinvestment.com/hotjar.com) Analytical/Performance Session Only
    _hjIncludedInPageviewSample (wineinvestment.com/hotjar.com) Analytical/Performance Session Only
    _hjFirstSeen (wineinvestment.com/hotjar.com) Analytical/Performance Session Only



    Disabling cookies

    The effect of disabling cookies depends on which cookies you disable but, in general, the website may not operate properly if all cookies are switched off.

    If you want to disable cookies on our website, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use.

    Microsoft Internet Explorer
    1. Select the Tools menu > Internet Options
    2. Click on the Privacy tab
    3. Click on Advanced within the Settings section and select the appropriate setting

    Google Chrome
    1. Select Settings > Advanced
    2. Under Privacy and Security > Content settings
    3. Click Cookies and select the relevant options

    Safari
    1. Select Preferences > Privacy
    2. Click on Remove all Website Data

    Mozilla Firefox
    1. Choose the Tools menu > Options
    2. Click on the Privacy icon
    3. Select the Cookie menu and select the relevant options

    Opera 6.0 and further
    1. Choose Files menu > Preferences
    2. Select Privacy

    We may also separately prompt you regarding our use of cookies on the Site.

5. How long do we keep your information?

  • We retain the data you provide to us for as long as you have an Account with us in order to meet our contractual obligations to you and for seven years after that to identify any issues and resolve any legal proceedings. After you have deactivated your Account, we may store your information in an aggregated and anonymised format.

6. How do we protect your information?

  • All information you provide to us is stored on our secure servers.
  • Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
  • Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
  • Our Site may, from time to time, contain links to external Sites. We are not responsible for the privacy policies or the content of such Sites.

7. What are your rights?

  • You have the right under certain circumstances:
    • to be provided with a copy of any personal data we have about you (for example, your name and address);
    • to request the correction or erasure of incorrect personal data held by us;
    • to request that we restrict the processing of your personal data (e.g. while we verify or investigate your concerns with this information);
    • to object to the further processing of your personal data, including the right to object to marketing (as mentioned in 'Our promotional updates and communications' section); and
    • to request that your provided personal data be moved to a third party.
  • Your right to withdraw consent:
    • If we are processing your personal data because you have given us permission, you have the right to withdraw that consent without detriment at any time by contacting us at https://www.wineinvestment.com/hk/contact. You can also change your marketing preferences at any time as described in 'Our promotional updates and communications' section;
  • You can ask us to do any of the aforementioned things at any time by contacting us at [email protected].

8. Where we store your information

  • The data we collect from you is stored within the European Economic Area.

9. Payment processing

  • Payment details you provide will be kept securely. We use a third party to process your payments and information which you supply to Stripe is not within our control and subject to Stripe's privacy policy here: https://stripe.com/privacy

10. Changes to this policy

  • If we make any changes to this Policy, a new version will be posted on this page and you will be notified via email of the substantive changes. This policy was last updated on 10th August 2021.

11. Contact Us

  • We welcome your feedback and questions. If you would like to contact us, please contact us:
    • By email at [email protected]
    • By phone on +852 2818 0899 between the hours of 9am to 5pm from Monday to Friday
  • Our Data Protection Officer is:

    Gemma Castle
    Clockwork Building
    45 Beavor Lane
    London
    W6 9AR
    England, United Kingdom
    Phone: +44 (0)207 1000 950
    Email: [email protected]

    Purpose and lawful basis for processing of personal data

    This table sets out:
    • What personal data we process
    • What we use that data for
    • The lawful basis for the processing

    It forms part of our Terms of Use Policy which you should also read.
    Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
    To register you as a new customer (a) Identity
    (b) Contact     		Performance of a contract with you
    To process your order including:
    (a) Manage payments, fees and charges
    (b) Collect and recover money owed to us
    (c) Arrange for your order to be delivered and stored     		(a) Identity
    (b) Contact
    (c) Financial
    (d) Transaction
    (e) Marketing and Communications     		(a) Performance of a contract with you
    (b) Necessary for our legitimate interests (to recover debts due to us)
    (c) Performance of a contract with you
    To manage our relationship with you which will include:
    (a) Notifying you about changes to our terms or privacy policy
    (b) Asking you to leave a review or take a survey     		(a) Identity
    (b) Contact
    (c) Profile
    (d) Marketing and Communications     		(a) Performance of a contract with you
    (b) Necessary to comply with a legal obligation
    (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
    To enable you to complete a survey (a) Identity
    (b) Contact
    (c) Profile
    (d) Usage
    (e) Marketing and Communications     		(a) Performance of a contract with you
    (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
    To administer and protect our business and our Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity
    (b) Contact
    (c) Profile
    (d) Usage
    (e) Marketing and Communications
    (f) Technical     		Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
    To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity
    (b) Contact
    (c) Profile
    (d) Usage
    (e) Marketing and Communications
    (f) Technical     		Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
    To use data analytics to improve our Site, products/services, marketing, customer relationships and experiences (a) Identity
    (b) Contact    		 Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy)
    To make suggestions and recommendations to you about goods or services that may be of interest to you (including, in some circumstances, using automated decision making using artificial intelligence) (a) Identity
    (b) Contact
    (c) Technical
    (d) Usage
    (e) Profile     		Consent provided by you
    To set preferences and make decisions about your Account in order to present goods or services that may be of interest to you when you visit the Site or use our Services (including, in some circumstances, using automated decision making using artificial intelligence) (a) Identity
    (b) Contact
    (c) Technical
    (d) Usage
    (e) Profile    		 (a) Performance of a contract with you
    (b) Necessary for our legitimate interests (to develop our products/services and grow our business)

12. If you reside or are in Hong Kong

Certain laws of Hong Kong, including the Personal Data (Privacy) Ordinance (Cap 486, the laws of Hong Kong) (“PDPO”) and the provisions in this section also apply to you if you reside or are in Hong Kong.

References to “personal information” and “information” in this Privacy and Cookies Policy includes “personal data” as defined under the PDPO.

Direct Marketing

We intend to use the following personal data:

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Technical

for direct marketing purposes to provide you with the following relating to our Services:

  • Investment updates, newsletter, product or service promotion, and event / experience invitations.

We cannot use your personal data in direct marketing unless we have your specific prescribed consent or indication of no objection to the intended use.

If you consent to our use of your personal data for the relevant direct marketing purposes, please indicate accordingly in the relevant forms and/or applications in the designated place by ticking the relevant box. If you tick the box, you agree that we may use your personal data for the relevant direct marketing purposes.

If you want to withdraw your consents for us to use your personal data for direct marketing purposes, you may, at any time without charge contact our Data Protection Officer by sending an email to Gemma Castle at [email protected].

 

Your Right to Access

You have the right to access your personal data, including requesting information on whether we processes your data, which data are processed, and you may also request a copy of the data that you or a third person provided to us and which data is being processed by us.

If you submit the completed Data Access Request Form (Form OPS003) (the “DAR Form”) specified by the Privacy Commissioner for Personal Data of Hong Kong to our Data Protection Officer to confirm whether or not we processes your personal data, then you have the right that obliges us to confirm that we process your personal data, or does not process your personal data.

Your right to obtain confirmation whether we process (or does not process) your personal data

  • does not include data that is anonymous;
  • includes the personal data that concern you;
  • does not include personal data that does not concern you; and
  • includes pseudonymous data that can be clearly linked to you.

We shall provide you with a copy of your personal data if

  • you submit the DAR Form to us;
  • we confirm that we process your personal data;
  • there is no contrary evidence that you do not wish to obtain a copy; and
  • you agree to and pay the fee imposed by us which is directly related to and necessary without being excessive to comply with the data access request.

 

Your Right to Rectification 

You have the right to the correction of your personal data. This enables you to ask that any inaccurate data we hold about you be corrected without charge.

Your right to obtain rectification of your data that are inaccurate

  • does not include data that is anonymous;
  • includes the personal data that concern you;
  • does not include personal data that does not concern you; and
  • includes pseudonymous data that can be clearly linked to you.

We shall rectify your personal data if

  • we process your personal data;
  • we are satisfied that the personal data in question are inaccurate;
  • you submit a data correction request (“DCR”) to us; and
  • we are satisfied that the correction in the DCR is accurate;

We may verify any and all data provided to us. We shall, taking into account of available technology and the cost of implementation, take reasonable steps, including technical measures, to communicate the rectification of your personal data to recipients of such personal data (if any). However, we shall not communicate the rectification of personal data to recipients if the communication to such recipients is either impossible or involves a disproportionate effort.

International Transfers

By using our Services, you agree that any transfer of your personal information to various countries is necessary and reasonable for us to provide you with the Services, and acknowledge that such third parties processing your personal information either on our behalf or otherwise may be located in a different country from the point of collection of your personal information (including transfers to servers located in EEA (or such other country as determined by the us from time to time) which may be outside of the country you are accessing the Services from), or may have multiple physical locations and backups (e.g. cloud based services).

Where we disclose your personal information to third parties, we will employ our best efforts to ensure such third parties protect your personal information and meet our data security standards, and process Personal Information provided to them only for the purpose of providing the specific service to us.

13. [If you reside or are in the UK or EU]

[Certain laws of UK and EU and the provisions in this section also apply to you if you reside or are in the UK or EU]

For the purposes of UK and EU data protection law ("Data Protection Law"), we are the data controller of your information.

On occasion, the data that we collect from you may be transferred to, and stored at, a destination outside the EEA that may not be subject to equivalent Data Protection Law. Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this Policy.