SOCIETY WEBSITE – TERMS AND CONDITIONS

Use Purpose Responsibility, Disclaimer, Copyright Notice.

[Please read carefully all the following sections and their binding provisions.]

1. DEFINITIONS

“Personal Data” is any information that relates to an identified or identifiable living individual or from which it is practicable for the identity of the individual to be directly or indirectly ascertained. This includes where living individuals can be directly or indirectly identified using information such as a name as well as other identifiers such as unique personal identifiers (e.g., Inland Revenue Department tax file record numbers), Hong Kong Identity Card Number, location data or other online identifiers, as well as physical, physiological, genetic mental, economic, cultural or social identity.

“Commissioner” is the Personal Data Privacy Commissioner holding office as such under the Personal Data (Privacy) Ordinance.

“Data User” is the person or organisation responsible for determining the purposes and means of the processing of personal data. The Royal Commonwealth Society, Hong Kong Branch (RCSHK) is the Data User with respect to all personal information that relates to the Society’s activities.

“Date Protection Officer” (DPO) The Society may appoint from time to time a DPO to inform and advise on data protection matters, monitor compliance with data protection legislation and act as liaison with the Commissioner.

Address and contact details of the DPO are:

Brian Brewer, RCS Council Member – brianbrewer@outlook.com

c/o Royal Commonwealth Society Hong Kong Branch, GPO Box 11749, Hong Kong

“Data Subject” is the identified or identifiable person to whom the collected personal data relates.

“Processing” is defined very broadly and encompasses any action performed on or with personal data, including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction (that is, the marking of stored data with the aim of limiting its processing in the future, erasure and destruction. In effect, it is any activity involving personal data.

“Data Processor” is the person or organisation (a third party) if any who shall or may process Personal Data on behalf of the Society as Data User.

“Ordinance” means the Personal Data (Privacy) Ordinance Cap. 486 of the Laws of Hong Kong.

“Society” means the Royal Commonwealth Society Hong Kong Branch.

“Website” means the website maintained by the Society for all its membership use purposes.

2. PRIVACY POLICY STATEMENT (“Statement”)

2.1 The privacy of its members on the internet is of the utmost importance to the Society. The Society has its own Personal Information Collection Policy and this Policy comprehensively demonstrates how the Society collects, uses, and safeguards your personal data from the Website and assists you in making informed decisions when using the Website and the services of the Society itself. The Society endeavours continuously to assess its privacy practices in light of new technology, business practices and members’ needs. The privacy policy of the Society may therefore be amended from time to time and the continued use after any such amendment will constitute full agreement of any Data Subject/Member with and consent to any such amendments. All members should therefore check the Privacy Policy regularly to ensure awareness of the latest policies of the Society.

2.2 What information do we collect?

The Society collects two types of information from Members and from website visitors:

1. personal data which any party knowingly chooses to disclose that is collected on an individual basis; and

(ii) the website users’ information collected on an aggregate basis when any party and others browse the Website.

(iii) Personal Data that members must provide:

2.3 Registration

Application for membership of the Society is by way of your written communication in either (i) signed hard copy form (Membership Form) submitted to the Society together with the appropriate cheque or bank transfer receipt; or (ii) online form accompanied by online electronic payment (or subsequently posted cheque) for the relevant subscription.

As a required preliminary part of the registration process prior to your admission as a member of the Society, we require that you supply your name and email address together with your membership application in writing. Failure to provide such information may result in our being unable to provide you with the services of the Society.

In addition to providing the foregoing personal data to us, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses.

2.4 Website user information

2.4.1 Cookies

A cookie is a small data file that certain websites may write to your hard drive when you visit them. A cookie file may contain information such as a user ID with which the site users can

track the pages you have visited. But the only personal data a cookie contains is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. When you view the Website, we may use cookies to store some information on your computer. We may save your password and other personal data so that they do not need to be re-entered.

2.4.2 IP addresses

We also log IP addresses, or the location of your computer on the internet for system administration and troubleshooting purposes. We do not use IP address logs to track your session or your behaviour on the Website.

2.5 Protection of personal data

The Society does not collect any personal data about you unless you voluntarily provide it to us. You provide your personal data to us as a preliminary in order for you to be admitted as a member of the Society.

Our Society has implemented security measures, procedures and technology to help keep your personal information secure. You may obtain a summary of the personal information on record with us, which has been collected about you via the Website. You may also request your personal information previously provided to us on or through the Website to be reviewed by you, corrected or disposed or to be removed from our marketing databases.

2.6 How do we use your personal data?

Essentially, we use your personal data for purposes of administering all our activities, providing member services and making available other products and services to you and other prospective members. We may also use your personal data to notify you about important changes to the Website, to these Terms and Conditions, to new services and special offers, if any that we think you will be interested in.

The main purposes for which your personal data may be used by us are accordingly:

• Processing your application or registration for membership and thereafter for our services, enquiry or feedback
• Incorporation into our user database
• Provision of contents and business details in response to enquiries and complaints
• Operation
• Services surveys
• Compliance with disclosure requirements under any law applicable in or outside Hong Kong
• Public notices
• Auditing
• Other related purposes

You should also note that the Society’s responsibility for personal data privacy protection as set out in this Statement does not extend to the use of personal data which is passed to third parties, and we are not responsible for the protection of your personal data or lack thereof by such third parties.

2.7 Change

Modification of your personal data, opt out, and deletion of your personal data.

You can modify the personal data you previously provided, or opt out of receiving email messages from us and delete your member account at any time by sending an e-mail to us at secretary@rcshk.com or by post to: The Royal Commonwealth Society in Hong Kong, GPO Box 11749, Hong Kong.

Except as otherwise provided in this Statement, your personal data as an individual subscriber will not be provided to any third party without your consent.

2.8 How long do we keep your personal data?

We will keep your personal data for as long as it is necessary to serve you or to continue to provide all relevant services to you as a member in good standing of the Society. We will retain your personal data for a reasonable period if you cease to be our member unless the law requires us to keep it for longer.

2.9 Third Party Access

In general, our operational practice limits third party access to confidential information, and limits the use and disclosure of such information to persons, processes and transactions authorised by us. Third parties designated to handle personal data will be instructed to do so in accordance with the terms of this Statement but please note 1 above in this regard for the Data Processor.

2.10 What about other website’s link to the Website?

2.10.1 Please note that the Website contains links to other sites. When you use a link to go from the Website to another website, this Statement is no longer in effect as regards the new website or sites. Your browsing and intervention on other websites, including websites that have a link to the Website, is subject to the own rules and policies of those websites which may differ from those of the Website and the Society has no participation in or responsibility for any of these websites or for their use or content.

2.10.2 We are not responsible for the practices employed by websites linked to or from the Website nor the information or contents contained therein.

2.10.3 The information contained on the Website is not to be displayed except in full screen format. No liability is accepted for any partially or wholly extracted or duplicated content or information that may appear in any other format. No responsibility is taken for any information that may appear on any linked websites.

2.10.4 The Website includes links providing direct access to other internet sites for the convenience of Visitor Users as defined below. However, the Society is not affiliated with nor does it endorse these remote sites and it takes no responsibility for the content or information contained on those sites, and does not exert any editorial or other control over those sites.

2.10.5 The provision of links to those other sites does not imply that such sites represent the views of the Society.

3. YOUR CONSENT

By continuing using this Website you consent to our collection and use of your personal data as described in this Statement.

4. USE PURPOSE RESPONSIBILITY

Every visitor to or user (“Visitor User/Visitor/User/You”) of the Society Website (“the Website”) is solely responsible for:

• The purpose for which the Visitor User makes use of the Website;
• The content of any information that the Visitor User may send or receive while using The Website;
• Ensuring that no improper, fraudulent, or unlawful use is made of the Website, directly or indirectly, including any activity that is prohibited under any law of the Hong Kong Special Administrative Region or elsewhere;
• Ensuring that no unauthorized access to information is gained through the Website or unauthorized use is made of the Website; and
• Ensuring that no virus or other damaging factor is introduced to the Website through Visitor User access to the Website.

If Visitor Users do not agree with all these terms and conditions of use of the Website, please cease access to and use of the Website. Accordingly, all use of the Website is subject to all these terms and conditions.

5. DISCLAIMER

5.1 The content of the Website is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content of the Website.

The Society makes no representations about the suitability, reality, availability, timeliness, and accuracy of the information, services and related graphics contained on the Website for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind.

The Society hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

5.2 Furthermore, the Council of the Society does not accept liability to any person for the information or advice provided on the Website or incorporated into it by reference. The Council of the Society and the Society itself do not accept any liability for loss or damage incurred as a result of reliance placed upon the content of the Website.

The information on the Website is provided on the basis that all persons accessing the Website in whatever way and for whatever purpose undertake responsibility for assessing the relevance and accuracy of its content.

The information on the Website is provided solely on the basis that accessing visitors and users will be responsible for making their own assessment of the matter herein, and must themselves verify all relevant representations, statements and information. The information does not constitute professional advice and may not be relied upon as such. Formal advice from appropriate advisers should be sought for any particular matter.

The Society does not guarantee that the functions contained in the Website will be uninterrupted or error-free, that the Website or its server will be free of viruses or other harmful components, or that defects will be corrected even if the Society is aware of them. To the fullest extent allowed by applicable law, the Society will not be liable for any direct, indirect or consequential loss arising from the use of the content contained in the Website or from your access to any other material on the Internet via web links from these sites. The Society does not seek to limit liability in respect of fraudulent misrepresentation nor in respect of death or personal injury directly caused by its negligence.

6. COPYRIGHT AND TRADEMARK NOTICE

6.1 Except where otherwise indicated, copyright of all materials presented on the Website resides with the Society and other individuals or entities. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under copyright laws in respect of which relevant and fully identified credit must be given, no part may be reproduced or reused for commercial purpose whatsoever. All other rights are hereby expressly reserved.

6.2 The contents of the Website, including text, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of the Website (including the collection, arrangement and compilation of such materials) (“Materials“) are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of the Society or of any website contents provider of the Society. Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. Without prior written permission from Society, you shall not, for any purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue, alter or amend the Materials in any way, nor store the Materials in any retrieval system or use the Materials in any other way. You acknowledge that by hyperlinking to, adopting, reproducing or redistributing, copying or printing or downloading of any of the content of the Website you do not acquire any intellectual property rights in the Materials or any of their contents. For the avoidance of doubt, your permitted access to the Website and to the Materials does not concern or constitute any commitment of the Society to extend to any contents on other websites linked to or otherwise accessible from the Website. If you intend to reproduce, distribute or otherwise use any contents on any such linked websites, you shall obtain all necessary authorisation or permission from the other website and copyright owners concerned.

All rights not expressly granted by the Society are hereby reserved.

6.3 PERSONAL USE: Your use of the Materials is for your own informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the Materials or other contents of the Website in any way. You agree to indemnify, defend and hold harmless the Society for any and all unauthorized uses you may make of any Materials or other content on the Website. You acknowledge that the unauthorized use of any of the Materials of the other contents could cause irreparable harm to the Society and that in the event of an unauthorized use, the Society shall be entitled to a equitable relief by way of injunction in addition to any other remedies available at law or in equity.

6.4 FEEDBACK AND SUBMISSIONS: You agree that you are and shall remain solely responsible for the contents of any interactive submissions you make to the Website, and you will not submit material that is unlawful, defamatory, abusive or obscene nor will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

6.5 The names, trademarks, service marks and logos of the Society appearing on The Website may not without prior express written permission of the Society be used in any advertising or publicity, or otherwise to indicate sponsorship of The Society or affiliation of the Society with any third party, product or service.

6.6 The Society is providing information and services on the internet as a benefit and service in furtherance of the social and educational mission of the Society. The Society makes no representations about the suitability of this information and these services for any purpose.

For questions or comments regarding this content please contact the Society at secretary@rcshk.com.