2. RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION
2.1 How long may BVL keep your Personally Identifiable Information? BVL will not keep your Personally Identifiable Information for longer than is necessary for the fulfilment of the purpose (including any directly related purpose) for which the Personally Identifiable Information is to be used, unless it is necessary to keep such Information for other purposes and you have been informed of this by BVL in advance and BVL has obtained your consent to retain such Information, but in all circumstances your consent for retention of your Personally Identifiable Information will be sought, which you are free to decline.
3. THE TYPES OF INFORMATION BVL COLLECTS
3.1 The Personally Identifiable Information that BVL collects from Registered Account Holder(s) is as follows:
Registration information you provide when you create a Registered User Account, including your given names and surname;
Registered Account Holder name;
Registered Account Holder email address;
Your mobile telephone number; and
Pursuant ONLY AND STRICTLY to the provisions of clauses of the ToUs BVL may, as the need arises, collect other information, but only with your prior and express consent, which are you free to decline.
4. HOW BVL COLLECTS INFORMATION
4.1 The Personally Identifiable Information that BVL collects from Registered Account Holders is collected in the following ways
Registration information you provide when you create a Registered User Account, including your given names and surname is provided when you register on the website;
Registered Account Holder name, is provided when you register on the website;
Registered Account Holder email address, is provided when you register on the website; and
Your mobile telephone number (optional), is provided when you register on the website.
5. USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION BY BVL
5.1 BVL (as the owner and operator of IPification powered by GMID) will be the Data User (as defined in the Ordinance and GDPR) and Data Processor (as defined in the Ordinance and GDPR) for all of the Personally Identifiable Information collected, used and stored on the website. The Personally Identifiable Information will be used for the following purpose:
Registration information you provide when you create a Registered User Account for recording storing and processing your particulars (your Personally Identifiable Information).
6. SHARING YOUR INFORMATION WITH THIRD PARTIES
6.1 We will not share your Personally Identifiable Information with other companies, except in very limited circumstances, including:
When you allow BVL to share your Personally Identifiable Information with any third party; in such an event we would seek your consent to so share your Personally Identifiable Information, to allow that third party to send you information about any products and services that may be necessary for the efficient functioning of IPification powered by GMID or that may at a future time become bundled with IPification powered by GMID.
With domain administrators. If you work for an organization that uses Google services (like your domain administrator and resellers who manage your account will have access to your Google Account). They may be able to:
Access and retain information stored in your account, such as your email address;
View statistics regarding your account, such as how many times you open you access your account;
Change your account password;
Suspend or terminate your account access;
Receive your account information in order to satisfy applicable law, regulation, legal process, or enforceable governmental request; and
Restrict your ability to delete or edit your information or your privacy settings.
Directing BVL to share your Personally Identifiable Information with third party platforms, such as social networking sites. If you do not so direct, your Personally Identifiable Information cannot be so shared. Please be aware that once BVL has shared your Personally Identifiable Information in this way with a third party, the Information received by the third party becomes subject to that third party’s privacy practices and BVL is no longer responsible for it and cannot be held liable for it, and hereby disclaims absolutely and to the fullest extent permissible by law any liability to you in such an event.
When companies perform duties or provide services necessary and essential to the functioning of the website, to BVL or on behalf of BVL; in such an event these companies are prohibited from using your Personally Identifiable Information for purposes other than requested by BVL or required by law. You are hereby advised that in all likelihood certain services may be provided by third party service providers, and that BVL will seek your specific consent in advance to sharing your Personally Identifiable Information, giving you the opportunity to make your own choice as to whether you divulge Personally Identifiable Information to the third party service provider, at all times on the condition that if you choose not to grant your consent in such circumstances, some, substantially many or all features or functions of the website may be impeded or may not be operable.
When BVL shares Personally Identifiable Information with third parties to enforce the provisions of the ToUs, other of BVL’s policies, to protect BVL’s rights and property and the rights and property of third parties, to comply with legal processes, or in the event that BVL is required to do so bona fide, by law.
We will share personal information outside of if we have a genuine, bona fide belief that access, use, preservation, or disclosure of the information is reasonably necessary to:Meet any applicable law, regulation, legal process, or enforceable governmental request;
Enforce applicable Terms of Service, including investigation of potential violations;
Detect, prevent, or otherwise address fraud, security, or technical issues;
Protect against harm to the rights, property or safety of BVL, our users, or the public as required or permitted by law.
6.2 In accordance with the Ordinance and GDPR, BVL provides you with the right and ability to exercise certain controls and choices, freely and at your own full, sole and absolute discretion, at any time of your own choosing, regarding collection, processing, use, retention and sharing of your Personally Identifiable Information, including:
You may correct, update and delete your Personally Identifiable Information;
You may choose whether to receive offers and promotions for other websites, products and services;
You may choose whether BVL shares your Personally Identifiable Information with other companies or third parties, in order that they may send you information about their own products and services that are bundled with IPification powered by GMID or upon which IPification powered by GMID depends for its functionality or operation;
You may request access to the Personally Identifiable Information BVL holds about you and that BVL amends or deletes and BVL requests third parties with whom BVL has shared the Personally Identifiable Information to do the same;
7. ONLINE TRACKING AND ADVERTISING
7.1 We (and any third party service providers operating on behalf of BVL) collect information about your activity on the website using tracking technologies. The tracking technology will be powered and provided by third party operators and subject to that third party’s operating terms and conditions.
This tracking data is used for a number of purposes:
Providing useful features to simplify your experience when you return to the website;
Delivering relevant content based on your preferences, usage patterns and location;
Monitoring and evaluating the use and operation of the website;
Analysing traffic on the website.
7.2 BVL may associate this tracking data with your specific Registered Account Holder account, in which case we will treat it as Personally Identifiable Information. Given that tracking technology powered by Google™ is subject to Google™ analytics operating terms and conditions and policy, BVL allows you, at your full sole and exclusive discretion to opt into or out of being tracked. Google™ also provides an opportunity for you to choose not to be tracked online. Please be aware that if you do not allow Google™ analytics to collect Personally Identifiable Information from you, the website may not function at its optimum capability, and nor might any services provided through the website be available to you; the website may also not be able to take account of your interests and preferences.
8. DATA SECURITY AND INTEGRITY
8.1 The security, integrity and confidentiality of your Personally Identifiable Information is of the highest importance to BVL. BVL has stringent security measures in place that are designed to protect your Personally Identifiable Information from unauthorised access, disclosure, use and modification. Please be informed that despite the fact that BVL endeavours to use the most up-to-date technology and methods to protect your Personally Identifiable Information, no security measures or encryption protocols, no matter how stringent, are perfect or impenetrable.
9.2 FURTHERMORE, PLEASE BE INFORMED THAT NOT ALL JURISDICTIONS TREAT THE COLLECTION, USE, PROCESSING AND RETENTION OF PERSONALLY IDENTIFIABLE INFORMATION AND PERSONAL DATA MORE GENERALLY THAT EXISTS UNDER THE ORDINANCE OR IS APPLIED BY THE GDPR WITH THE SAME DEGREE OF SERIOUSNESS. THE FOREGOING MAY ALSO APPLY TO PERSONALLY IDENTIFIABLE INFORMATION AND TRACKING DATA COLLECTED BY ANY THIRD PARTIES PROVIDING SERVICES TO US. SHOULD YOU RESIDE IN, USE OR VISIT THE WEBSITE, CREATE A REGISTERED USER ACCOUNT, OR USE, ACCESS OR VISIT THE WEBSITE IN ANOTHER JURISDICTION IN THE COURSE OF USING THE WEBSITE OR THE SERVICES PROVIDED BY OR ACCESSIBLE THROUGH THE WEBSITE, DESPITE THE BEST COMMERCIAL EFFORTS AND ENDEAVOURS OF BVL TO ENSURE EQUAL PROTECTION OR AND ADHERENCE TO THE STANDARDS BOTH EXPLICIT AND IMPLICIT HEREIN, BVL CANNOT AND DOES NOT OFFER ANY WARRANTY OR GUARANTEE, AND SHALL NOT BE LIABLE TO YOU, FOR THE COLLECTION, USE, PROCESSING AND RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND YOU ARE HEREBY INFORMED THAT YOU SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION UNDER SUCH CIRCUMSTANCES AT YOUR OWN SOLE AND EXCLUSIVE RISK.
©Copyright Benefit Vantage Limited, 2018. All Rights Reserved.
1. Acceptance of Terms
1.1 This IPification website is owned and operated by Benefit Vantage Limited (hereinafter referred to as “we or us”), the owner and operator of the IPification solution operating under the GMID brand.
2. Registered Users
2.1 Becoming a Registered User
(a)You can register as a User by creating your profile, as a private person acting on your own behalf or as the authorised/interested party requesting information through this Website on the behalf of a business or organisation. As a User you will be able to contact us to access information on the “Contact Us” section of this Website.
3. Our Relationship with You
3.1 No recommendation or representation
(a) We do not make any recommendation or representation about any other User of this website. We do not conduct background or identification checks on Users, nor do we verify the information in Profiles provided be Users. We do not monitor messages exchanged between Users, if any.
4. Your Warranties and Obligations
4.1 Your Profile
(a) You warrant that your Profile:
(I) is submitted in good faith;
(II) is your own and not that of another person;
(III) does not contain anything defamatory or any malicious falsehood in relation to any product, service, person or corporation;
(IV) does not breach or infringe any third party’s Intellectual Property right or obligation of confidentiality; and
(V) complies with applicable legislation or regulations of the Hong Kong SAR and any applicable laws in your jurisdiction (that is the country in which you are resident when accessing this Website).
4.2 Your rights and obligations
(a) You agree to:
(II) use this Website in good faith and for personal or commercial purposes, necessary for the operation of a business or organisation in need of IPification powered by GMID services, only.
(b) While visiting of using this Website, You shall not:
(I) post or send any material, or do anything which is unlawful, abusive, defamatory or menacing, or in breach of the rights of others;
(II) harass, abuse, threaten or assault any other person;
(III) distribute or disclose any images of, or material belonging to, another person without that person's consent;
(IV) distribute or link to any material which contains malware of any kind;
(V) post commercial advertisements or promotional material, nor conduct commercial transactions via this Website; or
5. Our Intellectual Property Rights
5.1 The material on this Website is protected under Hong Kong and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trademarks and other content on this Website are owned by us or their respective owners. You shall not use, for any purpose or any manner, the material on this Website in any way that infringes on the content owner’s Intellectual Property rights without separate written permission from us or the content owner.
6. Disclaimers and Limitation of Liability
(a) (I) the information, services and material contained on this Website are provided on an 'as is' basis. We disclaim all representations and warranties, express or implied, with respect to material on this Website, whether provided by us, third party contractors or other Users, including without limitation, the fitness for any particular purpose of anything contained or referred to on this Website.
(II) this Website is provided on an ‘as-is’ basis and we disclaim any warranty that this Website will be uninterrupted, error-free or that any errors will be corrected;
(III) we take all reasonable efforts to maintain the security and confidentiality of this Website and any materials you provide to us, but we cannot ensure or guarantee the security of your information. For example, hacking, vandalism, hardware or software failure may affect the security and confidentiality of materials you provide; and we shall not be liable for such events.
(b) You acknowledge that you have exercised your own judgment as to the suitability of visiting this Website for your purposes and that you use this Website and any products or services that you may, as a result, use or purchase, at your sole risk.
(a) You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:
(I) your own negligence or malpractice, or reckless or intentional misconduct;
(III) any acts or omissions of anyone whom you allowed to access your User account from time to time, whether deliberately or otherwise;
(IV) your breach of any law or infringement of any third party rights including without limitation Intellectual Property rights, privacy rights, or criminal law; or
(V) if your instructions to us cause us to be in breach of any law or infringement of any third party rights including Intellectual Property rights.
(b) You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
(I) any interaction or arrangement between yourself and any other User;
(II) the acts or omissions of any third parties;
(III) any downtime, interruption, hardware or software failure, or Consequential Loss of any kind;
(IV) any loss or damage to persons or property (including data) caused by:
(A) your use of or inability to use this Website; or
(B) your reliance on any information provided on this Website;
(V) our reasonable actions in denying anyone access to this Website for security reasons;
(a) We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
6.4 Limitation of Liability
(a) To the fullest extent allowable at law:
(I) we only accept liability to you as set out in this clause 6, or as required by consumer or other laws which cannot be excluded by contract;
(III) our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):
(A) supplying the services again; or
(B) payment of the cost of having the services supplied again; or
(C) a refund of the amount you paid us for those services;
(IV) we are not liable to you for:
(A) errors in the information you provide to us;
(B) minor errors or omissions on this Website;
(C) delays to, interruptions of, or closing of this Website; or
(D) any defamatory, offensive or illegal conduct of any User, whether or not caused or contributed to by any act or inaction by us, our employees, agents or independent contractors, or through any other cause.
(b) The limitation of liability under clause 6.4 has effect in relation both to any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement.
7. Links to Third Party Websites
7.1 This Website may provide links or references to other websites for your convenience. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
7.2 If you choose to purchase goods or services from a third party, including one accessed from this Website, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
8.1 Force Majeure
8.2 Termination for default
8.3 Termination for convenience
8.4 Consequences of termination
(a) we will immediately remove your User account information from our database; and
(b) we are under no obligation to retain any data relating to your User account; and
9. Dispute Resolution
(b) The parties must refer the dispute to an independent mediator within 21 days of the written notice provided under clause 9.1(a).
(c) If the parties cannot agree on a suitable mediator, either party may contact the Law Society of Hong Kong and request that they provide a mediator.
(d) The costs of the mediation must be paid by the parties in equal shares.
9.2 Legal Proceedings
Neither party may commence court proceedings unless the dispute remains unresolved after 28 days from the date of the written notice provided under clause 9.1(a).
10.1 We take reports of abusive content and copyright infringement seriously. If you find any content on this Website that you believe is incorrect, offensive, or suspect that the content infringes your intellectual property rights, please notify us by email, such information can be found in the “Contact Us” section of this Website.
11.2 Enduring clauses
To the extent applicable, the parties’ rights and obligations under clauses that are intended to survive termination, will.
11.6 Entire Agreement
12. Definitions and Interpretation
(b) Consequential Loss includes, without limitation:
(I) loss of data or unauthorised disclosure of data;
(II) loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and
(III) disappointment, distress, stress, and inconvenience.
(c) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
(d) Insolvency Event in relation to a party means any of the following:
(I) the party enters into a scheme of arrangement with its creditors;
(II) the party is wound up or dissolved, or an administrator, liquidator or receiver is appointed;
(III) the party is placed under official management, commits an act of bankruptcy or is charged with a criminal offence; or judgment is entered against the party for more than US$10,000.00, which remains unsatisfied or not subject to an appeal for more than 21 Business Days.
(e) Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
(f) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
(g) User account/Profile means any statements, information or representations you make to us or on the Website about yourself or your business, and includes your branding, contact details and any information you provide to other Users via this Website, as well as any additional advertising you request us to display on this Website.
User means a party to this agreement, who has registered themselves as a user on this Website under clause 2.1.
The following rules of interpretation apply unless the context requires otherwise:
(a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
(c) a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;
(d) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
(f) nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
©Copyright Benefit Vantage Limited, 2018.