Part I – Disclaimer of website
PLEASE READ THESE TERMS OF USE INCLUDING PART III PRIVACY POLICY STATEMENT CAREFULLY BEFORE USING OR ACCESSING THIS ONTOLO WEBSITE ("THIS SITE"). BY USING OR ACCESSING THIS SITE, YOU ARE AGREEING TO THE TERMS OF USE LISTED BELOW. IF YOU DO NOT AGREE TO THE TERMS BELOW, PLEASE DO NOT USE OR ACCESS THIS SITE.
1. COPYRIGHT
The contents of this Site, including but not limited to the text and images herein and their arrangement, are copyrighted by Keysen Property Management Services Limited, as the operator of ONTOLO App (hereinafter referred to as the “Company”). This means that you shall not without the express written consent of the Company distribute the text or graphics to others; "mirror" or include this information on your own server or documents; or modify or re-use the text or graphics on this system. The Company reserves all other rights.
2. No LICENSE
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or proprietary rights of the Company or of any third party. Except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any copyright of the Company.
3. REVISIONS
All information (including without limitation, specifications, descriptions and prices if relevant) appearing in this Site may be revised or withdrawn, in whole or in part, at any time without notice and shall not in any event form or constitute part of an offer or terms and conditions of a contract. The Company may revise and update the Terms of Use from time to time in our sole discretion. By using this Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current terms of use to which you are bound.
4. DISCLAIMER OF WARRANTY
The information published on this Site is provided without charge as a convenience to visitors, to be used for informational purposes only. While the Company, its subsidiaries, associates and affiliates (including but not limited to, Ease Treasure Investment Limited and Ease Treasure Finance (PSK) Limited) (collectively referred to as the “Group”) has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. The information provided on this site is provided "AS IS" and "AS AVAILABLE". The Group does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in this Site, and the Group expressly disclaims liability for errors or omissions in these materials. The Group makes no commitment to update the information contained in this Site. The Group expressly disclaims all liability for the use or interpretation by others of information contained in this Site. Decisions based on information contained in this Site are the sole responsibility of the visitor, and in exchange for using this Site, you agree to hold the Group harmless against all and any claims for damages arising from any decisions that you make based on such information. Nothing contained in this Site constitutes investment advice.
5. DRAWINGS AND PHOTOGRAPHS
All statements are believed to be correct but are not to be relied on as statements or representations of fact. All art renderings contained in this Site are artists' impressions only. Photographs do not necessarily represent as-built standard specifications. All plans are subject to any amendments approved by the relevant building authorities.
6. EXCLUSION OF LIABILITY
Visitors to this Site assume all responsibility and risk for the use of this Site. The Group disclaim all warranties, representations and endorsements, express or implied, with regard to information accessed from or via this Site, including but not limited to all express and implied warranties, including warranties of title, merchantability, fitness for a particular purpose, non-infringement, and freedom from computer virus. The Group does not assume any liability or responsibility for the accuracy, completeness, or usefulness of the information disclosed at or accessed through this Site. In no event shall the Group be liable for any direct, special, indirect, or consequential damages, or any other damages of whatsoever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, or loss of data, whether in an action under contract, negligence, or strict liability, or otherwise, arising out of or in any way in connection with the use or performance of the information on, or accessed through, this Site. Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user's own risks. This exclusion clause shall take effect to the fullest extent permitted by law.
7. LINKS TO THIRD PARTY WEBSITES
The Group makes no warranties or representations whatsoever about any other website which you may access through this Site. When you access a third party website, please understand that it is independent from the Group and that the Group has no control over the content on that website. In addition, a link to a third party website does not mean that the Group endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. The Group makes no representation or warranty as to any third party products.
8. SUBMISSION OF INFORMATION
By providing information (such as feedback, data, answers, questions, comments, suggestions, plans or ideas) to the Company, you agree that such information shall be non-confidential and that the Company shall have unlimited rights to use, distribute, reproduce, and disclose such information worldwide as the Company deems appropriate, without compensation or acknowledgement of its source. The Company shall be free to use any ideas, concepts, know-how or techniques contained in information which you provide to the Company through this Site, including but not limited to developing, manufacturing, and marketing products or services incorporating or otherwise based on such information.
9. INDEMNITY
You agree to indemnify and hold the Group and its officers, directors, agents, and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by the Company in connection with or arising from your breach of the Terms of Use and/or your use of this Site. The company may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect the Company’s rights or obligations shall be made without the Company’s prior written approval. The Company reserve the right to assume exclusive defence and control of any such claim or action.
10．SEVERABILITY OF PROVISIONS
Each of the provisions of the Terms of Use is severable. If at any time one of any provisions is determined to be or to have become invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms of Use shall not in any way be affected or impaired.
11. GOVERNING LAW AND JURISDICTION
By using and accessing this Site, you agree that the laws of Hong Kong Special Administrative Region of the People's Republic of China shall govern such use and access and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region of the People's Republic of China.
12. Language
In the event that there is any inconsistency between the English and Chinese version of the Terms of Use, the English version shall prevail.
Part II – Disclaimer of the application
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS INCLUDING PART III PRIVACY POLICY STATEMENT CAREFULLY AS THEY APPLY TO YOUR USE OF ONTOLO APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT DOWNLOAD AND USE ONTOLO APPLICATION.
1. DEFINITIONS
The following words have the following meanings in these Terms and Conditions:
"Affiliates" means, to any Person or entity, any other entity that, directly or indirectly, Controls, is Controlled by or is under common Control with such Person or entity. For the purposes of this definition, the term "Control" (including the terms "Controlling", "Controlled by" and "under common Control with") of a Person or entity means the possession, directly or indirectly, of the power: (i) to vote more than fifty percent (50%) of the voting interests of such Person or entity; or (ii) to direct or cause the direction of the management and policies of such Person or entity, whether through the ownership of voting interests, by contract or otherwise;
"Applicable Laws" means all or any statute, ordinance, rule, regulation, including the rules of any recognized Stock Exchange, order, decree, directive, requirement, code, notice or rule of common law, now or in the future in effect, and in each case as amended or re-enacted from time to time, and legislation supplemental to it, and any judicial or administrative interpretation of it by a Governmental Authority or otherwise, including any judicial or administrative order, determination, consent, decree or judgment of and in Hong Kong;
"Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials displayed on or available through the ONTOLO App;
"Products and Services" means any products and services which may from time to time be available to be ordered, booked, requested, purchased or given away via the ONTOLO App;
"Terms and Conditions" means these terms and conditions as amended from time to time and posted on ONTOLO App;
"user" means any person who access the ONTOLO App;
"we, our, us" means Keysen Property Management Services Limited;
"Group" means Keysen Property Management Services Limited, its subsidiaries, associates and Affiliates (including but not limited to, Ease Treasure Investment Limited and Ease Treasure Finance (PSK) Limited) ；
"ONTOLO App" means the ONTOLO App operated by Keysen Property Management Services Limited;
"you, your" means users of ONTOLO App.
2. SERVICES
You may be provided with certain services by us through the ONTOLO APP, including but not limited to the handover service, defects follow up service, property management service and notification service and facilities booking service.
You agree that we are under no obligation to provide any of the services to you in or via the ONTOLO APP, and we may revise, suspend, terminate, extend or reduce the scope of services to be provided to you in or via the ONTOLO APP. We will not be liable or responsible in any way for any such revision, suspension, termination, extension or reduction.
We are also not liable to you for the failure to provide any services in or via the ONTOLO APP.
3. ENTIRE AGREEMENT
These Terms and Conditions, unless otherwise provided, represent the complete agreement between you and us concerning your use of the ONTOLO APP.
4. COVENANTS
You agree to use this ONTOLO APP for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you in or through ONTOLO APP.
As a condition of your use of ONTOLO APP, you agree that you will not use ONTOLO APP for any purpose that is unlawful or prohibited by any Applicable Laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:
1. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
4. post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through the ONTOLO APP for commercial purposes;
5. upload, post, publish, transmit, reproduce, or distribute in any way, any component of ONTOLO APP itself or any Content obtained through ONTOLO APP which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;
6. transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through ONTOLO APP;
7. transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable laws unless you own or control the rights thereto or have received all necessary consents;
8. interfere with or disrupt networks connected to ONTOLO APP or violate the regulations, policies or procedures of such networks;
9. attempt to gain unauthorized access to ONTOLO APP, computer systems or networks connected to ONTOLO APP, through password mining or any other means;
10. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of ONTOLO APP are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. "stalk" or otherwise harass another; or
12. collect or store personal data about other users.
We reserve the rights from time to time, without notice, to observe and record your access to and use of ONTOLO APP to determine if you are complying with these Terms and Conditions.
5. MONITORING
We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through ONTOLO APP or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on ONTOLO APP, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from ONTOLO APP or any link to any website which we consider appropriate in our sole discretion. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via ONTOLO APP.
6. LINKS TO THIRD PARTY WEBSITES
We may provide links to other sites or resources ("Linked Site(s)"). We have no control over the Linked Sites and we are not responsible for the Content of any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Where a Linked Site advertises, sells or contains financial products or services information, we expressly declare that we do not endorse any such financial products or services as appearing on that Linked Site or any other web site which the Linked Site may link to. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
7. DISCLAIMERS & LIMITATION OF LIABILITY
THIS ONTOLO APP IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ONTOLO APP OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR PRODUCTS INCLUDED ON ONTOLO APP. INFORMATION PROVIDED IN ONTOLO APP IS FOR REFERENCE ONLY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GROUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:
1. THE AVAILABILITY OF ONTOLO APP OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
2. THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT ON ONTOLO APP;
3. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCTS AVAILABLE ON ONTOLO APP;
4. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH ONTOLO APP OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON ONTOLO APP;
5. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR
6. ONTOLO APP BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ONTOLO APP OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR ONTOLO APP. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
Without limiting any exclusion specifically provided for in these Terms and Conditions we shall in no event be liable for any costs, damages or liability for:
1. the standard of the Products and Services provided, including any failure or deficiency, or alleged failure or deficiency, of any Products and Services;
2. the breach, or alleged breach, of any warranty, express or implied, relating to any Products and Services;
3. any loss or damage or impairment to any such Products and Services;
4. any act or failure to act of any, shipper or other carrier, or any employee or agent thereof; or
5. any unauthorized use of ONTOLO APP or breach of security relating to ONTOLO APP.
You specifically agree that the Group shall not be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Group shall not be responsible for the Content sent out using and/or included in ONTOLO APP by any third party.
The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by Applicable Law.
We make no representation that materials on ONTOLO APP are appropriate or available for use in any other jurisdictions, and accessing ONTOLO APP from locations where its operation are illegal is prohibited. Those who access ONTOLO APP from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.
8. INTELLECTUAL PROPERTY
ONTOLO APP together with all Content made available as part of ONTOLO APP is our property or is licensed by us and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Our licensors and we own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You may only download such part of the Content as is expressly permitted to be downloaded from ONTOLO APP for the use specified and for your personal use only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms and Conditions.
Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
9. INDEMNITY
You agree to indemnify and hold the Group and its officers, directors, agents, and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms and Conditions and/or your use of ONTOLO APP or the services offered therein. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.
10. LEGAL COMPLIANCE
You shall comply with all Applicable Laws regarding your use of ONTOLO APP. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.
11. TERMINATION
Without prejudice to any other rights we may have, we may terminate your use of and access to any part or all of ONTOLO APP or any related service(s) at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation:
1. if you breach these Terms and Conditions;
2. if we are unable to verify or authenticate any information you provide to us;
3. if we believe that your actions may give rise to liability of any nature; or
4. if we deem your action unsuitable or inappropriate.
Upon termination, you must destroy all material obtained from ONTOLO APP and any copies thereof. If you wish to terminate your use of part or all of ONTOLO APP your only recourse is to discontinue the use of ONTOLO APP.
12. MODIFICATIONS TO TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions or any policies regarding the use of ONTOLO APP at any time and to notify you by posting an updated version thereof on ONTOLO APP. You are responsible for regularly reviewing the Terms and Conditions and the applicable policies. Continued use of ONTOLO APP after any such posting amounts to your conclusive acceptance of such revised Terms and Conditions or policies. If any such revision is unacceptable to you, you must terminate use of ONTOLO APP immediately. We reserve the right to interpret these Terms and Conditions and decide on any questions or disputes arising under these Terms and Conditions. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of ONTOLO APP.
13. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, ONTOLO APP (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of ONTOLO APP or any part thereof.
14. GOVERNING LAW & JURISDICTION
ONTOLO APP (excluding Linked Sites) is hosted by us from our office in Hong Kong. By accessing ONTOLO APP, you agree that any claim relating to ONTOLO APP shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
15. PARTIAL INVALIDITY
The illegality, invalidity or unenforceability of any provision of these Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
16. WAIVER
No waiver of any breach under these terms of use will amount to a waiver of any other breach.
17. GENERAL PROVISIONS
To assist you in understanding these Terms and Conditions, unless the context otherwise requires, these Terms and Conditions should be interpreted using the following rules:
1. words importing one gender include the other genders;
2. words importing the singular shall include the plural and vice versa;
3. references to paragraphs, are references to paragraphs in these Terms and Conditions;
4. expressions defined in the main body of this Terms and Conditions bear the defined meaning in the whole of this Terms and Conditions;
5. a right granted or reserved may be exercised from time to time;
6. headings are for ease of reference only and shall not affect the interpretation of these Terms and Conditions;
7. any reference to a person shall include that person's successors, representatives and permitted assigns; and
8. in the event that there is any inconsistency between the English and Chinese version of these Terms and Conditions, the English version shall prevail.
Part III – PRIVACY POLICY
1. Introduction
1.1 This Privacy Policy described how Keysen Property Management Services Limited, as the operator of the ONTOLO APPLICATION ( “we”, “us” or “our”) collect, use and process information you provide on the ONTOLO WEBSITE (the “Site”), the ONTOLO APPLICATION (the “App”), the services available through the Site and App, and when you are entering into a contractual or investment relationship with us (collectively, the “Services”). It covers personal data shared by you through our Services, including personally identifiable information and anonymous information.
1.2 This policy serves also as the guidelines to be observed by all business divisions operated and/or managed by us.
2. Our Commitment to Protect Your Privacy
2.1 We are committed to safeguard your personal and data privacy. To ensure that you can make informed decisions and feel confident about sharing certain personal information with us, please read this Privacy Policy to understand whom we share your personal data with and for what purpose, and the choices you have concerning how your personal data are collected and used by us. By providing personal information to us, you agree and consent to the collection, use, disclosure, transfer and retention of your personal information as outlined in this Privacy Policy.’
2.2 This Privacy Policy will be continuously assessed against new technologies, business practices, compliance requirements and your needs. As we update and diversify our products, services and businesses, this Privacy Policy may evolve from time to time. We reserve the right, at our discretion, to change, modify, add or remove any parts from this policy at any time without any prior notice. You are encouraged to review this Privacy Policy from time to time for updates periodically. Your continued use of the Services after such revisions are posted means you elect to accept these changes.
2.3 Certain personal data are required for specific services and if you fail to supply such personal data as requested from each specific service, we may be unable to provide you the services in full.
2.4 If you are under the age of 18, consent from your parent or guardian is required before you provide us with any personal data.
2.5 If you are a citizen of the European Union (EU) or European Economic Area (EEA) and are using our Services, we will maintain your personal data as outlined in the GDPR Addendum of this Privacy Policy.
3. Collection of personal data
3.1 Information you voluntarily provide to us when you sign up for and use the Services - We will collect some personal data from you directly. The provision of personal data to us is on a voluntary basis. If you fail to provide sufficient information, we may not be able to provide relevant Services. If you provide us with information about other individuals, you should have already obtain authorisation from those individuals and let them know where they can find a copy of this Privacy Policy. We collect personal data (including where applicable sensitive personal data) you provide directly to us. By virtue of your provision of personal data, you consent to such personal data being collected, used, disclosed, transferred, and retained by us as described in this Privacy Policy. Subject to circumstances, this type of information may include:
3.1.1 your personal information such as your first name/last name, title, contact details (e.g. mobile phone number, physical address and e-mail address), gender, occupation, location, job title, billing information, purchase history and other demographic information;
3.1.2 username and password that you will use to access to our Services;
3.1.3 a record of any interactions and correspondence between us such as email, telephone, mobile short messaging service (SMS), multimedia messaging services (MMS), cross-platform mobile messaging application (e.g. smartphone messaging application) or postal correspondence, any interactions you have with our staff or representatives and any interactions with us or posts that refer to us on social media;
3.1.4 information that we collect about your interests, preferences and opinions;
3.1.5 your feedback, opinions about our Services and your responses to market surveys and contests conducted by us;
3.1.6 information collected through the use of closed circuit television systems and other security systems; and
3.1.7 any other personal data you choose to provide to us.
3.2 Information we collect automatically when you use our Services - When you access or use our Services, we automatically collect information about your visit to our Sites, your usage of our Services and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Site and other websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Cookies used in any part of our Site will not be deployed for collecting personal data. For your information, Cookies are small computer files that can be stored in web surfers’ computers for the purposes of obtaining configuration information and analysing web surfers' viewing habits. They can save you from registering again when re-visiting a website and are commonly used to track your preferences in relation to the subject matter of the website. You may refuse to accept Cookies by modifying the relevant internet options or browsing preference of your computer system, but to do so you may not be able to utilise or activate certain available functions in our websites. Our Site may bar users who do not accept Cookies.
3.3 Information from your use of the Services – We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services.
3.4 Information from other sources – We may, from time to time, collect other personal data from third parties including: (a) our service providers and agents; (b) the third parties that we partner with in connection with us; (c) our third party joint marketing and research partners; (d) providers of third party websites, apps and social media platforms; and (e) public databases. Examples of the information we may receive from other sources include demographic information, company information, device information, location, and online behavioural data. We use this information, alone or in combination with other information (including personal information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products features, and services.
4. Purposes for Collection and Use of personal data
4.1 Our primary purpose in collecting personal data from you is to give you an enjoyable customised experience. Specifically, we may use data for the following purposes:
4.1.1 to administer and provide our Services to you (including identity verification, system security and maintenance, billing and payment) and to fulfil our obligations to you;
4.1.2 to tailor and personalise services which may be of interest to you;
4.1.3 to provide customer support and to improve the efficiency and quality of our Services;
4.1.4 for marketing and promotion purpose, subject to your rights to opt-in and optout of receiving certain marketing communications. For example, membership clubs, loyal and reward programmes and redemption of shopping/dinning privileges or offers of us or our affiliates. For more details on marketing, please see Section 6 below;
4.1.5 for internal record keeping of information of our tenants, customers, employees, consultants, contractors, investors, shareholders, other service providers, business transactions and communications;
4.1.6 to enable us to contact and interact with you whether online or otherwise in connection with our Services or marketing campaigns, promotion programmes or other offerings;
4.1.7 for improvement of customer services and staff training;
4.1.8 for designing new and/or enhancing our existing services, products and activities;
4.1.9 for managing and providing for the safety and security of our guests, customers, visitors, employees or users;
4.1.10 to protect or comply with our legal rights and obligations and to prevent, detect and investigate wrongdoing or crime and analyse and manage any risks or irregularities; and
4.1.11 for any other purposes incidental to the above and for any other purpose to which you may from time to time agree.
4.2 To fulfil the above purposes, you may be contacted via email, telephone, mobile short messaging service (SMS), multimedia messaging services (MMS), cross-platform mobile messaging application (e.g. smartphone messaging application), mail or other means that are allowed by local authorities.
4.3 We may also from time to time use aggregate non-identifying information about our customers to better design our Site and/or to improve our Services. This means we may provide this information to third parties. This type of data may include, but is not limited to, the browser type and version, operating system, IP address and/or domain name. However, this information will never identify any single member of the programme in particular.
5. Who We Share Your personal data with
5.1 We may disclose and transfer personal data to and use personal data with our service providers, and other persons who we consider appropriate, in connection with our services and products provided to or requested by you. We may disclose this information to facilitate communication of news and information about such services and products and otherwise for the purposes mentioned above, under the section 4 above.
5.2 The entities with whom we may share your personal data include but are not limited to any agent, contractor or third party service provider who provides administrative, marketing and research, data processing, telecommunications, computer or other services to us and/or our affiliates.
5.3 We may disclose your personal data to third parties so they can provide marketing services or conduct marketing or social interaction activities on our behalf such as campaigns, contests, sweepstakes, market research, customer surveys and data analytics to help us improve and tailor our marketing activities, products and services. Subject to obtaining appropriate consent from you, we may also disclose your personal data to our third party marketing partners in order that they may market their products and services to you.
5.4 We may disclose your personal data to governments and regulatory authorities and bodies and to other individuals, bodies and organisations such as dispute resolution, prosecution and law enforcement agencies, regulatory bodies and/or legal advisers for compliance with applicable laws, rules, regulations, codes, and/or guidelines and/or any person or entity to whom we are under a binding obligation to make disclosure under the requirements of any law, rule, regulation, code and/or guideline and/or order of any competent court of law, law enforcement agencies and/or regulatory bodies, but such disclosure will only be made under proper authority.
5.5 We will permit our third party service providers, including agents, contractors and our affiliates, to use your personal data on our behalf for the purposes set out in section 4 above. Example of such third parties include our contractors under a duty of confidentiality to us who provide administrative, telecommunications, computer, data processing or other services to us in connection with management, operation and maintenance of the system and our data center in or outside Hong Kong.
6. Marketing
6.1 We may use your personal data for marketing and promotional purposes, including (a) for sending or showing you updates on latest news, offers and promotions in connection with our products and services; (b) for sending or showing you joint marketing offers, events and promotions; or (c) for tailoring and tracking your interactions with internet banner advertisement and links from third party websites to our Site.
6.2 We may also use personal data to analyse our customers’ preferences and market trends and derive insights, which we may use to tailor the types of products, offers and services that we present to you. This may involve us combining personal data that we hold about your use of our services with information that we have collected about your web usage. We may also combine information that we have collected about you with information that we have collected about other customers in order to derive these insights and establish market trends. We may provide these insights to our third party partners for their marketing and promotional purposes. We also use advertising services and products provided by third party service providers (such as marketing agencies and social media platforms) for marketing and promotional purposes, which may involve us sharing personal data that we hold about you with them.
6.3 We may communicate marketing and promotions to you by email, telephone, mobile short messaging service (SMS), multimedia messaging services (MMS), cross-platform mobile messaging application (e.g. smartphone messaging application), mobile application or online (including via internet banner advertisement and links) and, as appropriate and where required, we will ask you for your consent, or otherwise provide you with the opportunity to choose not to receive marketing, at the time we collect your data.
6.4 We will provide an option to unsubscribe or opt out of further communication on any direct marketing communication sent to you. You may also opt out by contacting us as set out in section 8 below.
6.5 Please note that if you choose to unsubscribe or opt out of marketing communication, we will still send you communications about the Services we provide to you.
7. Transmission, Storage and Security of Your personal data
7.1 Security - No data transmission over the Internet, a website, mobile application or via email or other message service or by mail can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal data in accordance with the requirements of data protection legislation. All personal data we collect about you is stored on our or our subcontractors’ secure servers. We comply with our security policies and standards when accessing or using this information and restrict access to your personal data to those persons who need to use it for the purpose(s) for which it was collected. You are responsible for keeping any information that we send to you confidential and for complying with any other security procedures that we notify you.
7.2 Exporting your personal data - Your personal data may be transferred outside the country in which you are located, including to countries with a lower level of data protection than in the country in which you are located.
7.3 Retention period - To the extent permissible by applicable law, we generally only keep your information for as long as reasonably required for (a) the purposes for which that personal information was provided; (b) ongoing business need, including record keeping, fraud prevention, or if we reasonably believe there is a prospect of litigation; and (c) as necessary to meet legal, regulatory, tax or accounting needs. We take reasonable steps to safely and securely delete, dispose of, anonymise and/or block personal information when we no longer need it.
8. Your Rights and Contacting Us
8.1 General rights - You have the right (subject to various exceptions and in accordance with data protection legislation in your country) to access certain personal data held about you and correct any inaccuracies by contacting our Data Protection Officer. We may charge a reasonable fee for the processing of any data access request. You also have the right to raise a complaint about our processing by contacting our Data Protection Officer.
8.2 Right to opt out of direct marketing - You have the right to ask us not to process your personal data for direct marketing purposes. You can exercise your right to prevent such processing by indicating that you do not consent to direct marketing at the point at which we collect your personal data. You can also exercise the right at any time after we have collected and used your personal data for direct marketing purposes by (a) following the opt-out instructions contained in the relevant communications; or (b) contacting our Data Protection Officer.
8.3 Right to refuse us to transfer or disclose their personal data to our contractors - You can exercise your right to refuse us to transfer or disclose your personal data to our contractors by contacting our Data Protection Officer at any time. Your personal data will be either irreversibly anonymised (and the anonymised information will be retained) or securely destroyed.
8.4 Updating personal data - We will take reasonable steps to try to ensure that your personal data is accurate. You can update your personal data at any time by (a) mobile applications; or (b) contacting our Data Protection Officer.
8.5 Contacting Data Protection Officer - You have the right to send your request to our Data Protection Officer at any time with any of the following methods to fulfil the above purposes set out in this section:
8.5.1 By email (please send your registered username (if applicable), name, email and mobile number to dataprotectionofficer@greateagle.com.hk); or
8.5.2 By post (please send your registered username (if applicable), name, email and mobile number to Data Protection Officer, 33rd Floor, Great Eagle Centre, 23 Harbour Road, Wanchai, Hong Kong).
8.6 The English version of this Privacy Policy shall prevail wherever there is any inconsistency or conflict between the English and Chinese version.
GDPR Addendum
This Addendum applies in circumstances where the privacy practices of Keysen Property Management Services Limited (“we”, “us” or “our”) are subject to the EU General Data Protection Regulation (“GDPR”). This will be the case if you are based in the European Economic Area (the EEA) during your interactions with us (other than where you are in the EEA solely for travel purposes).
This Addendum should be read in conjunction with our Privacy Policy. In this Addendum, we set out further information on our processing activities and details of the rights which you have under the GDPR. We reserve the right, at our discretion, to change, modify, add, or remove any parts from this Addendum at any time. You are encouraged to review this Addendum from time to time for updates periodically. Your continued use of our Services after such revisions are posted means you elect to accept these changes.
1. Why We Collect Your Data the Legal Grounds for Processing
1.1. We can collect personally identifiable information about you as more particularly described in section 3 of the Privacy Policy and the purposes for collection and use of these personal data are described in section 4 of the Privacy Policy.
1.2. Personal data will only be processed if there is at least one lawful basis as follows:
1.2.1. Consent – where you have given consent to the processing of your personal data for one or more specific purpose. You may withdraw your consent to the use of your personal data by contacting us as set out in section 8 of the Privacy Policy.
1.2.2. Contract performance – where processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request subject prior to entering into a contract.
1.2.3. Legal obligation – where we need to use your personal data to comply with our legal obligations.
1.2.4. Vital interests - where we need to process your personal data in order to protect the vital interests of you or another natural person, e.g. where you require urgent assistance.
1.2.5. Public interest - where processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
1.2.6. Legitimate interests - where we have a legitimate interest in using your information. We will only rely on this legal ground if we consider that our interest in using your personal data for the relevant purpose is not outweighed by any interests that you may have, or any prejudice that you may suffer, from the relevant use of your personal data.
1.3. Occasionally we will collect and handle sensitive personal data, for example, when we handle requests for special requirements relating to personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs and data concerning health. Where we process this category of data, this will be done only on any or more of the following basis:
1.3.1. Consent – where you have given consent to the processing of your personal data for one or more specific purpose. By providing us with this information, you expressly consent to our use of your sensitive person information in accordance with this Privacy Policy. You may withdraw your consent to the use of your personal data by contacting us as set out in section 8 of the Privacy Policy.
1.3.2. Vital interest - where we need to process your personal data in order to protect the vital interests of you or another natural person where you or the other person is physically or legally incapable of giving consent.
1.3.3. Legal claims - where your personal data is necessary for us to establish, exercise or defend any legal claims.
1.3.4. Substantial public interest - where we need to process your personal data for reasons of substantial public interest set out in EU law or the laws of the member state in which you are based.
1.3.5. Public interest in area of public health - where we need to process your personal data for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health, set out in EU law or the laws of the member state in which you are based.
2. Children’s Data
2.1. Individuals under the age of 18 must obtain the consent of an individual who holds parental responsibility for them prior to providing us with their personal data.
3. International Transfer
3.1. Services on the internet are accessible globally so collection and transmission of person data is not always limited to one country. We may transfer your personal information we collect about you and your personal information may be stored and processed, in countries other than the country in which the information was originally collected that may have less stringent data protection laws than the country in which you initially provided the information. If and to the extent that we do so, we will ensure that appropriate measures are in place to comply with our obligations under applicable law governing such transfers. However, our collection, storage and use of your personal data will at all times continue to be governed by the Privacy Policy.
3.2. By providing any personal information to us, you fully understand and unambiguously consent to the transfer and processing of such personal information. If you object to your personal information being transferred or used in this manner, please do not register with or use our Site and App.
4. Retention Periods
4.1. We only retain the personal data collected from you for as long as your account is active or otherwise for a limited period as long as we need it to fulfil the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
5. Your Rights and Contacting Us
5.1. Under the EU GDPR, you have the following rights, which apply in certain circumstances and subject to certain restriction, in relation to your personal data:
5.1.1. the right to access your personal data;
5.1.2. the right to request the rectification and/or erasure of your personal data;
5.1.3. the right to restrict the use of your personal data;
5.1.4. the right to object to the processing of your personal data;
5.1.5. where our processing of personal data is based on you having provided your consent or the processing is necessary for the performance of a contract with you, you have the right to receive your personal data, which you provided to us, in a structured, commonly used and machine-readable format or to require us to transmit that data to another controller; and
5.1.6. where our processing of your personal data is based on you having provided consent, the right to withdraw your consent to the processing at any time.
5.2. If you wish to exercise any of the rights set out above or if you have any questions about this GDPR Addendum, please contact us directly at dataprotectionofficer@greateagle.com.hk.