Legal advice

Terms & Conditions

Introduction and company information
ARC Group’s official website includes both ARC Group Limited and its subsidiaries and affiliates (the “ARC Group”, “ARC”, “we” or “us”).
ARC is a global provider of investment banking, asset management and wealth management services.
These are the terms and conditions of the websites owned by ARC Group Limited, located at “arc-group.com” and its respective subdomains (hereinafter, the “Website”).

Purpose and scope

These terms and conditions regulates access to, and use of, the content offered by ARC on its Websites. However, ARC reserves the right to modify the presentation, configuration and content of the Website and services, as well as the conditions for access and/or use. Certain web pages or areas on the Website may contain additional terms, conditions, disclosures and disclaimers (together “Additional Terms”). In the event of a conflict between these terms and conditions and the Additional Terms, the Additional Terms will govern for those web pages or areas.

By accessing, browsing or using this Website, Users implicitly accept the conditions in these terms and conditions in its current format at any given time. In this regard, “User” means the person who accesses, browses or views the content on the Website; “Registered User” refers to the person who accesses, browses and registers to use, view, browse, store and/or download content and/or use the services of the Website.

Copyright notices

The works of authorship contained in this Website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by ARC Group Limited or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner’s proprietary rights. Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

User obligations

Access and use of the Website does not require registration; however, to use certain functions, users may be required to provide information such as their name and email address.

The User agrees:

• To accept and comply with the provisions of these terms and conditions and any documents that form an integral part of same.
• Not to slander, abuse, molest, harass, threaten or otherwise violate the rights of any other Users or any other person.
• Not to eliminate or attempt to override any of the security measures adopted and implemented on the Website.
• To comply with the legislation in force.

Intellectual and industrial property rights

ARC owns or has obtained the exploitation rights for the intellectual and industrial property on the Website, as well as the intellectual and industrial property rights for the information and materials, structure, selection, organisation and presentation of the content, services and products available through it, as well as the computer programs used in connection therewith.

Access, browsing, use, storage and/or downloading of content and/or use of the services on the Website by the User will in no case be considered a waiver, transfer, license or partial or total assignment of the aforementioned rights by ARC or the owner of the rights, as the case may be.

Consequently, the user is not permitted to delete, elude or manipulate the copyright notice or any other information identifying the rights of ARC or of the respective owners included in the content and/or services, as well as technical protection measures or any information and/or identification mechanisms that might be contained therein.

References to trade names and marks or registered trademarks, logos or other distinctive signs, whether owned by ARC or by third parties, implicitly entail a prohibition on their use without the written consent of ARC or their corresponding rightful owners. At no time, unless expressly stated otherwise, does access or use of the Website and/or its content and/or services give the user any rights with regard to the brands, logos and/or distinctive signs protected by law.

All intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, communicate publicly, make second or subsequent publications, upload files, send by mail, transmit, use, process or otherwise distribute all or part of the content and products included on the Website for public or commercial purposes without express written permission from ARC or the owner of the corresponding rights, as appropriate.

Information provided by user

In the event that the User sends information of any kind to ARC through the Website, using the channels provided for this purpose, the User states, warrants and accepts that he/she is entitled to do so freely, that the information does not infringe any intellectual property, trademark, patent, trade secret or any other rights of third parties, that it is not confidential, and that it is not harmful to third parties.

The User assumes liability and will hold ARC harmless for any communication supplied personally or in his/her name, including, but not limited to, liability for the accuracy, legality, originality and ownership of same.

Liabilities and guarantees

The content on the Website is for information purposes and does not constitute a recommendation for any kind of investment, transaction or similar operation. ARC declares that it has taken all necessary measures, within its capabilities and the possibilities of current technology, to ensure the functioning of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.

However, ARC offers no assurance as to the suitability or usefulness of the content on the Website, and it accepts no liability for any harm caused, to him/herself or a third party, by a person violating the conditions, rules and instructions that ARC establishes on the Website or through breach of the Website security systems. If the User becomes aware of the existence of any banned or illegal content, or any content contrary to the law or which might constitute a violation of intellectual and/or industrial property rights, he/she should notify ARC immediately so that appropriate measures may be taken.

Links

Links to other Websites

ARC accepts no liability for any aspect related to third-party websites that may be reached via links from this Website, specifically including, but not limited to, their working, accessibility, data content, information, files, quality and the reliability of any products and services provided, the links themselves and/or any of their content in general.

The establishment of any kind of link from the Website to a third-party website does not imply any kind of relationship, collaboration or relation of dependence between ARC and the parties responsible for the third-party website.

Links to this Website from other websites

Any User, entity or website wishing to establish any kind of link to the Website must comply with the following conditions:

The link must be absolute and complete, i.e. it must take the User to the URL address of the Website in a single click and must include the full screen of the Website’s Homepage. In no case, unless authorised expressly in writing by ARC, may the linking website reproduce the Website in any way, include it as part of its own website or within one of its frames, or create a browser for any of the Website’s pages.

On the page establishing such a link, it shall not be permissible to state in any way that ARC has authorised such a link, unless ARC has done so expressly beforehand in writing. If the entity that links from its own page to the Website correctly wishes to include on its website the brand, name, commercial name, sign, logo, slogan or any other identifying element of ARC and/or its Website, it must obtain ARC’s express written permission beforehand. ARC does not authorise the establishment of a link to the Website from websites containing material, information or content that is unlawful, illegal, degrading, obscene or generally contrary to moral, public order or generally-accepted social norms.

Indemnity of the ARC Group

User agrees to indemnify and hold the ARC Group harmless from any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your breach of these terms and conditions or your use of the Website. This indemnity shall survive any termination of these terms and conditions.

Privacy and cookies

The Website’s policy on privacy and cookies is set out in our Website Privacy and Cookies Policy.

Duration and modification

ARC may modify any or all of these terms and conditions at any time by publishing any change in the same format as these terms and conditions or by way of any other type of communication directed towards Users.

Therefore, the validity in time of these terms and conditions coincides with the period of time it is displayed, until such time as it is modified, totally or partially, at which time the modified terms and conditions will come into effect and will be published on this Website.

Regardless of the provisions of the Specific Conditions, ARC may, at any time, and without the need to give advance notice, terminate, suspend or interrupt access to the content of the Website, without the User having any right to demand compensation. The prohibitions on the use of content expressed above in these terms and conditions will survive any such termination.

Miscellaneous

The headings of the clauses are for information purposes only and they do not affect, qualify or broaden the interpretation of these terms and conditions.
In the event that any provision(s) of these terms and conditions were to be ruled null and void or inapplicable, in whole or in part, by any Court, Tribunal or any other competent administrative body, such ruling shall not affect the other provisions of these terms and conditions. Should ARC not exercise or execute any rights or provisions contained in these terms and conditions, this will not constitute a waiver of such rights or provisions unless agreed to and acknowledged in writing by the company.

Jurisdiction and applicable law

The ARC Website and its content will be governed by Hong Kong law.
The relationship established between ARC and the User is governed by current legislation with regard to the applicable law and competent jurisdiction. However, where the law provides the possibility of the parties submitting to a jurisdiction, ARC and the User shall submit all disputes and/or lawsuits to the Honk Kong International Arbitration Center under Hong Kong law, and expressly waive any other jurisdiction to which they may be entitle.

Other contact information
For any doubts or queries you may contact with the data protection officer of ARC by sending an email to dataprivacy@arc-group.com

Privacy Policy

Updated: April 18th, 2023

This Privacy Policy applies to information you provide to ARC Group (hereinafter referred to as “ARC”, “we”, “us” or “our”) via arc-group.com (the “Site”) as well as contact information provided to us offline. Otherwise this Privacy Policy does not govern other Websites or any other data collection, disclosure or usage practices, off-line or otherwise.

ARC Group Limited and its affiliates undertake to fully meet the requirements of the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of the Hong Kong as well as the GDPR regulation of the European union. In doing so, we will ensure our staff comply to the strictest standards of security and confidentiality in respect of all personal information and data submitted by you via our products, services and website. To protect your privacy, we are committed to safeguard your personal information (or “personal data”) to maintain customer trust.

This Privacy Policy Statement (the “Policy”) describes how ARC collect, use and share information about you and the choices that you can make about the way your information is collected, used, shared and transferred.

Information we collect and how we use it

We collect information from you as part of certain features on our Site, such as when you fill out our contact form or email request form, register for a webinar, newsletter or download a white paper. The information we collect may include your name, title, email address, company name, phone number, general location, and circumstances of collection. Third party tools employed on our Site, like Google Analytics, may collect additional information from you, such as geographic area, age, operating system language, and inbound referral link. We may use the contact information you input to send you or your organization information, newsletters, special offerings, and other communications (such as event notifications, job postings, and content available for download), to service our Site, and as necessary to perform services for you or your organization once you or your organization becomes a customer.

We also have a feature that allows you to send us your resume if you are interested in a career at ARC Group. We may use this information as part of the evaluation and hiring process and to send you future job postings.

If required by law, we may also use the information to meet our obligations, requirements or arrangements in connection with any law, regulation, judgement, court order, sanctions regime, within the European Union (“EU”), the US Hong Kong, or another jurisdiction, and to comply with any guidelines, guidance or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authority, self-regulatory or industry bodies or associations of financial services provided within or outside of the EU, US or Hong Kong (the “Authorities”)

Offline Contact Information

You may provide us with your contact information, such as name, title, email address, company name, phone number, general location, and circumstances of collection, in a variety of ways, such as via a business card, through a lead page at a presentation, or at a conference. We may store and use that contact information to contact you or your organization for marketing, send you or our organization support information, product and service announcements, and other business communications, to service our Site and as necessary to perform services for you or your organization once you or your organization becomes a customer. Your contact information may be combined with contact information we collect through our Site and otherwise will be held in the same manner as contact information we collect through our Site, as further described below.

IP addresses

Tools employed on our Site may gather your IP address when you access the Site. We use IP addresses to analyze trends, administer, maintain, and improve the Site, and gather broad geolocation information for aggregate use. Your IP address may indicate the city from which you are accessing the Internet, but we do not use your IP address in a manner linked to other of your personally identifiable information.

Updating and removing your information

We will let you update your personal information that you have provided to us through the methods available on the Site. You may also contact us to update or remove your information via the email address provided at the end. We will also take steps to make sure that any updates or removal requests that you provide are processed in a timely and complete manner. If you request that we remove your personal information, that may impact your ability to access or receive our services.

Location

ARC Group is located in at all the locations provided at the site under arc-group.com/contact, so by providing us information, you are consenting to its potential transfer to us in all those countries. Information that we collect from you may be transferred to, and stored at, a destination outside the United States, European Economic Area (“EEA”) or the country in which you are located. The personnel who use your information as part of the practices described in this Privacy Policy may also be located outside the United States, EEA or the country in which you are located. By submitting your personal information, you agree to this transfer, storing or processing.

Third parties

Third parties may operate or host the Site or the computers that operate the Site, store, or process data for us, provide services related to the information requests that you have submitted or communications we provide to you. In addition, we have described above how we use Google Analytics. We also use Mailchimp (The Rocket Science Group, LLC), to manage email marketing subscriber lists and send emails to our subscribers (Read their privacy policy); SafeNames to host this website, and Automattic, Inc., whose WordPress software (and associated add-on software) we use to manage the content of this website.

We do not sell personally identifiable information collected via the Site to third party marketers.

Cookies and Online tracking

A cookie is a small file placed on your computer that stores information. Overall, cookies help us provide you with a better Site. We may use cookies to verify your browser and to maintain your session and we may also use cookies of third-party partners, such as Google, which may analyze our Site use and provide advertisers with the ability to better tailor ads to your preferences We use cookies to operate and provide our services, to remember your choices, such as your language preferences, and to customize our services for you. Cookies and similar technologies are used to identify your device for the following purposes:

• allow our web server to determine whether the cookies setting on your web browser has been enabled or disabled. This allows us to know whether data can be collected from your web browser;
• temporarily allow you to carry information between pages of our website to avoid having to re-enter that information;
• temporarily identify your device after you have logged in to a secure page on our website so that our web server can maintain a dialogue with your web browser in order for you to carry out certain activities.
• Analytical/performance cookies. These are used to help us improve our website by:
• tracking your visits to our website and recognising your web browser when you are a repeat visitor so that we can gather statistics on new and repeat visitors to evaluate site effectiveness.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to:
• personalise our content for you and remember your preferences (for example, your choice of language and region);
• store your login and other preferences so you do not have to re-enter that information when you return to the website.
• Targeting / advertising cookies. These cookies record your visit to our website, your response to our online advertisements, track the pages you have visited and the website links you have followed. We use this information to:
• make our website more relevant to your interests;
• provide online advertisements or offers on our website or third-party websites which are most likely to interest you;
• evaluate the effectiveness of our online marketing and advertising programs.

The above cookies may be placed on your device by us or by third parties on our behalf (for example, advertising networks and providers of external services like web traffic analysis services). No personally identifiable information about you is collected or shared with third parties as a result of this research.

If you would like further information on the cookies we employ, please contact us via the email address provided at the end. Below are some online resources that provide some helpful information on how to change your cookie preferences:

• http://www.youronlinechoices.eu (if you are based in the EU)
• https://youradchoices.com (if you are based in the US)
• http://www.allaboutcookies.org

Google Analytics is a web analytics service provided by Google. Google Analytics may use cookies or other means to help us analyze how users use the Site. The information generated by the cookies about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity, and providing other services relating to website activity and internet usage. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. You can also opt out of Google’s advertising tracking cookie or use a browser plugin to opt out of all Google Analytics tracking software. Find more information about Google’s privacy practices here.

Below is a list of cookies associated with Google Analytics that can be used on this Site from time to time:

Disclosure or Transfer of Data

We will take all practicable steps to keep all your personal data confidential and/or undisclosed, subject to the provisions in this section. Generally speaking, we will only disclose and/or transfer your personal information to our personnel and staff for the purpose of providing services to you. However, we may also disclose and/or transfer such information to third parties under the following circumstances:

• Where the information is disclosed and/or transferred to any third party who have been duly authorized by us to use such information under a duty of confidentiality;
• Where the information is disclosed and/or transferred to any ARC agents, affiliates or associates who have been duly authorized by us to use such information;
• Where ARC needs to protect and defend our rights and property;
• Where ARC considers necessary to do so in order to comply with the applicable laws and regulations, including without limitation compliance with a judicial proceeding, court order, or legal process served on ARC.
• Where ARC deems necessary to do so in order to maintain and improve the services; and

You are deemed to have agreed to, consented to and authorized us to disclose and/or transfer your personal information under the circumstances stated above. For these purposes we may provide your personal information to the following parties:

• any agents, contractors, sub-contractors or associates of the ARC (including their employees, officers, agents, contractors, service providers and professional advisers);
• any third party service providers who provide services to us or any affiliate., in connection with the operation or maintenance of our business (including their employees and officers);
• any Authorities;
• any persons under a duty of confidentiality to us or any affiliate of ARC. which have undertaken to keep such data confidential;
• any credit reference agencies;
• any affiliate of ARC Group Limited.;
• third party financial institutions, insurers, credit card companies, securities and investment services providers;
• third party reward, loyalty, co-branding and privileges programme providers;
• co-branding partners of ours or any affiliate of ARC. (the names of such co-branding partners will be provided during the application process for the relevant products and services, as the case may be);
• charitable or non-profit making organisations.

Exceptions

In addition to the uses described above in this Privacy Policy, we may use and disclose information, including personally identifiable information, submitted by you and/or collected by the Site or otherwise subject to this Privacy Policy, to the extent reasonably necessary for any one or more of the following purposes: (i) to correct technical problems and malfunctions in how we provide our Site to you and to technically process your information; (ii) to protect the security and integrity of the Site; (iii) to protect our rights and property and the rights and property of others; (iv) to respond to claims that your information violates the rights or interests of third parties; (v) to comply with applicable law; (vi) to respond to judicial process; and (vii) to the extent permitted under other provisions of law, to provide information to law enforcement agencies and for an investigation on a matter related to public safety, as applicable.

You understand and agree that technical processing of your information is and may be required (a) to send and receive messages regarding your use of the Site; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of our Site; and (d) to conform to other, similar technical requirements.

Security

We will always strive to ensure that your personal data will be protected against unauthorized access and have implemented appropriate electronic and managerial measures in order to safeguard, protect and secure your personal information.

All personal information provided by you is only accessible by the authorized personnel of ARC or our authorized third parties, and such personnel shall be instructed to observe the terms of this Policy when accessing such data. You may rest assured that your personal information will only be kept for as long as is necessary to fulfill the purpose for which it is collected.

No method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information against unauthorized access, we cannot guarantee its absolute security.

Retention of Personal Data

Once we obtained your personal data, it will be maintained securely in our system. We will retain your personal information only as long as we need it for the purposes described in this Privacy Policy. In general, if we have no other legitimate reason to continue using your personal information and you withdraw your permission, we will delete it. However, when you unsubscribe from marketing communications, we may keep your email address to ensure that we do not send you any more marketing communications.

Changes in this Policy

We may periodically update this Privacy Policy. For example, we may update this policy in order to describe how new Site features may affect our use of your information and to let you know of new controls and features that we may provide you. We will not apply changes to this policy retroactively to information we have previously collected unless it offers you greater protection or choice. We reserve the right to update, revise, modify or amend this Policy at any time as we deem necessary and you are strongly recommended to review this Policy frequently. Any update, revision, modification or amendment to this policy will be available in the latest privacy policy at: https://www.arc-group.com/privacy and/or other places we deem appropriate.

Contact us

All inquiries regarding this Privacy Policy, your rights under it, or use, removal or updating your information, should be directed to contact@arc-group.com.