Terms & Conditions

In these Terms and Conditions, the following words and expressions shall have the respective meaning ascribed to them unless the context is otherwise required:

1. By registering to use or using the Platform, you agree to be bound by and accept these Terms and Conditions. If you do not agree to these Terms and Conditions unconditionally, then you must not register or use the Platform.
2. These Terms and Conditions may be revised and/or amended from time to time by the Government to reflect changes in accordance with Users’ feedbacks or for any other purposes without prior notice to any person. You are encouraged to review these Terms and Conditions periodically to be informed of any latest changes. Where the Government considers any changes to these Terms and Conditions reasonably material, it will notify you prior to such changes becoming effective (via email or any other means). You agree that by using the Platform and the Government’s services, with or without notice from the Government, you consent to the changes to these Terms and Conditions.
3. You acknowledge and agree that the Government, at its sole discretion, shall have the right to record the FintechHK Events (in any format), and broadcast, stream or transmit the FintechHK Events in whatsoever manner (including, without limitation, as a live-stream), as well as allow the public to attend, view, and/or watch any broadcast or recording of the FintechHK Events either for free or in return for compensation. All IP Rights in such recordings or broadcasts are owned by the Government pursuant to Clause 7.ii.
4. All costs and expenses incurred by you in relation to the use of the Platform shall be borne solely by you.

1. You agree to behave in such a way so as to create a safe and supportive environment while using the Platform.
2. You agree not to engage in disruptive speech or behaviour or other individuals, on the Platform.
3. You will comply with all applicable laws and agree not to engage in any form of harassing, offensive, discriminatory or threatening speech or behaviour, including any of those relating to race, gender, sexual orientation, religion or disability. The Government may require Users engaging or threatening to engage in such behaviour to quit the Platform immediately. If you witness such behaviour, please promptly contact the Government so direct action can be taken.
4. You agree that you shall only use the Platform or any Platform Content for the following purposes:
   1. searching for information of other Users;
   2. contacting other Users;
   3. uploading Your Content to the Platform to introduce or promote yourself; and
   4. registering for or participating in the FintechHK Events and other programmes organised by the Government from time to time.
5. You also agree, warrant and undertake that:

1. 1. you shall not contravene or infringe on any third party’s rights;
   2. you shall not engage in any activity that interferes with, disrupts or adversely affects other Users;
   3. you shall not engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene, dishonest, discriminatory, immoral or menacing behaviour on the Platform;
   4. you shall not make any statements, comments or issue any materials that are derogatory, defamatory or adverse to the reputation of the Government, or any other persons including other Users;
   5. you shall not copy, modify, reproduce, download, re-publish, sell, distribute, create derivative works from or do any other acts restricted by IP Rights in relation to any Platform Content (in whole or in part) except with the prior written consent of the Government (requests for consent may be addressed to fintech@investhk.gov.hk) or the relevant third party IP Rights owners;
   6. your use of the Platform (including without limitation the provision, uploading, submission, presentation or transmission of Your Content to the Platform) and any Platform Content shall not infringe on any IP Rights or any other rights of any person;
   7. you shall not install, upload or transmit (or allow the installation, uploading or transmission of) any viruses or instructions, codes, techniques or devices capable of disrupting, disabling, damaging, shutting down, monitoring or gaining unauthorised access to the Platform;
   8. you shall not take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to, monitor or to tamper with or use any computer systems or networks of the Government or any third parties;
   9. you shall not upload, post, or otherwise transmit through the Platform any content or any other materials whatsoever that are or could appear to be defamatory, obscene, invasive to another person’s privacy or confidential information;
   10. you shall not upload, post, or otherwise transmit through the Platform any content or any other materials whatsoever that are or could appear to be in violation of any applicable law, or contractual or fiduciary duty of any party; and
   11. you shall use the Platform and any Platform Content only for purposes that are expressly permitted by these Terms and Conditions.

1. When you provide your Personal Information in registering and/or using the Platform, editing your account profile, or applying for participation in any FintechHK Events offered by the Government, you agree to provide accurate, current, and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting the Government. If you provide (or the Government has reasonable grounds to believe that you have provided) any information that is inaccurate, not current, or incomplete, the Government may suspend or terminate your account on the Platform, Application, or participation in any FintechHK Events, in addition to exercising all rights and remedies allowed by law without being liable to you.
2. Your contact details and other information will be handled in accordance with the information handling practices described in the Privacy Policy. You consent to the collection, use and disclosure of the information you enter during the Registration in accordance with that Privacy Policy. If you opt in to receive promotional materials from the Government, it will use your contact information to send details and announcements to you relating to the Platform usage and FintechHK Events. You can unsubscribe from promotional emails at any time by contacting the Government at fintech@investhk.gov.hk.

1. In consideration of the opportunity to use the Platform, and to participate in the FintechHK Events, you grant the Government, its authorised users, assigns and successors-in-title a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable license to use, copy, reproduce, process, adapt, modify, publish, distribute, publicly perform or display, create derivative works from, incorporate into any Platform Content, translate, transmit and disseminate any data, materials or information, (including without limitation any text, documents, images, logos, graphics, photos, videos, video recordings, sound or audio recordings, directories, databases or listings), provided, uploaded, submitted, presented or otherwise transmitted by you (in any format whatsoever) to the Platform or its service providers, or via the Platform or any social media platform in relation to the Platform or FintechHK Events, and or otherwise in connection with or during the FintechHK Events (“Your Content”); in any form, media or technology whatsoever, and to do any other acts that would otherwise be restricted by IP Rights in relation to Your Content, for the purposes of administering, organising, providing, hosting, fulfilling, promoting, marketing, advertising and/or showcasing the Platform and FintechHK Event(s), and as otherwise permitted under these Terms and Conditions. For the avoidance of doubt, such licence shall include (without limitation) the right to do any acts restricted by copyright set out in sections 22 to 29 of the Copyright Ordinance (Chapter 528 of the Laws of Hong Kong) in relation to Your Content and the modified versions and derivative works thereof for all (or any one or more) of the aforesaid purposes. You warrant and undertake that:
   1. you have all the rights, power and authority necessary to grant the licence described in this Clause;
   2. subject to Clause 5.i.c., Your Content shall be or shall consist of original works created, developed or made by you; and
   3. if Your Content includes any Third Party Materials, you shall have obtained from the relevant third party IP Rights owners the grant of all necessary clearances and licences for yourself and for the Government, its authorised users, assigns and successors-in-title to use such Third Party Materials.
2. You agree that you are responsible for protecting and enforcing your own IP Rights and the Government has no obligation to do so on your behalf.
3. You agree that you waive, and have obtained all waivers from all the authors of, any and all moral rights in Your Content (including any Third Party Materials). Such waiver shall operate in favour of the Government, its authorised users, assigns and successors-in-title and shall take effect upon the grant of licence to the Government, its authorised users, assigns and successors-in-title.
4. You warrant and undertake that you shall, before the fixation and/or recording of any performances in relation to Your Content (including any Third Party Materials), have obtained all the consent and clearance from the performers as may be necessary for such fixation and/or recording of the performances and for any use and exploitation of such fixation or recording, or copies thereof, by the Government, its authorised users, assigns and successors-in-title and you for all purposes contemplated under these Terms and Conditions. For the purpose of this Clause, the terms “performance”, “performer” and “fixation” shall have the same meanings as those assigned to them in section 200 of the Copyright Ordinance (Chapter 528 of the Laws of Hong Kong).  You shall procure the performers referred to in this Clause to irrevocably waive their moral rights over their performances in relation to Your Content (including any Third Party Materials), and such waiver shall operate in favour of the Government, its authorised users, assigns and successors-in-title and shall have effect immediately upon each of the relevant performances is given.
5. You warrant and undertake that you shall, at the time of or before submitting Your Application, have obtained and procured all the necessary consent, clearances and waivers as stated in Clause 5.iv. of these Terms and Conditions in relation to the Platform Event Materials.
6. The Government reserves the right (but shall have no obligation) to remove, pre-screen, review, flag, filter, modify or refuse any of Your Content, at its sole discretion.

1. You understand and agree that Your Content is not confidential and may be disseminated and disclosed by the Government and its sub-licensees pursuant to Clause 5.i., and may become known to the public (including, without limitation, when members of the public attend the FintechHK Event(s) or view any promotional or marketing materials).
2. The Government shall not be responsible for and assumes no liability to you to maintain the confidentiality of any of Your Content. It is your obligation to ensure that no proprietary or confidential information or materials are provided to the Government, as this will be subject to Clause 5.
3. For the avoidance of doubt, this Clause 6 is without prejudice to the PICS.

1. You acknowledge and agree that the Platform Content is protected by IP Rights. You will not acquire any IP Rights subsisting therein by submitting Your Application, accessing or using the Platform or participating in any FintechHK Event(s).
2. All IP Rights in the Platform Event Materials shall vest in and belong to the Government immediately upon creation.

1. You acknowledge and agree that the Government shall not be obligated to (but reserves the right at its sole discretion to) actively monitor or exercise any control whatsoever over any Third Party Materials on the Platform. The Government does not endorse, verify or otherwise certify any Third Party Materials, including any that may be incorporated in the Platform Content.
2. The Platform may contain links to external websites of third parties or contents or resources which are hosted, offered or contributed by third parties unrelated to the Government. Inclusion of such links and content does not imply any endorsement of any material on linked sites or recommendation of that company or provider over another. While their information, products and services may be helpful to you, these third parties are independent entities and the Government does not approve, control or endorse them. The Government does not guarantee the quality, reliability, or suitability of any third party services provided, made available or linked through the Platform and the Government will bear no responsibility for such third party services and contents. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with the Government of any such third parties or external websites. Provision of, or assistance in providing, materials contributed by third parties on the Platform or links to external websites gives rise to no statement, representation or warranty, express or implied, that the Government agrees or does not disagree with the contents of any such materials or external websites and the Government will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites delivered on or via the Platform or inability to use any of them. You agree and understand that:
   1. any visits to linked websites or third party contents are solely at your own risk. There may be, from time to time, third party contents and services on the Platform that are subject to further terms, including terms from the relevant third party that originally produced such contents and services. In such cases, you agree to comply with any such further terms and conditions;
   2. the Government has no control over, does not monitor and does not endorse such third party websites, content, or resources;
   3. the Government makes no guarantee or warranty, and is not responsible for any such external websites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources); and
   4. if you intend to reproduce, distribute or use any contents on any linked websites, you shall obtain all necessary authorisation or permission from the IP Rights owners concerned.

1. You acknowledge and agree that the Registration and the Platform usage are voluntary and at your sole risk. You shall indemnify the Government against any allegations and all Claims suffered or incurred by the Government, which in any case arise directly or indirectly as a result of, in connection with or in relation to your use, and/or reliance on the Platform, to the fullest extent permitted by the applicable law.

1. The Platform (including the Platform Content) is provided on an “as is” and “as available basis for your reference only, and is not intended to amount to any advice on which you should rely. In particular, the Government does not make any express or implied warranties as to the accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness or freedom from computer virus in relation to such contents. The Government will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information, and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the information delivered on or inability to use the Platform.
2. The Government may change any or all of its content and functionality in its discretion at any time without notifying you. The Government is not responsible for any loss or damage whatsoever arising out of or in connection with any information on the Platform. You are responsible for making your own assessment of all information contained on the Platform and shall verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.
3. Users agree that the Platform Registration, the use of the Platform Content, and the use of the Platform, are at their sole risk.
4. You acknowledge and understand that your Platform Registration or submission of an Application through the Platform does not guarantee acceptance. You also acknowledge and understand that the Government will not pay you or anyone else a commission or any other forms of compensation if the Government has not entered into a written contract with you first even if the Government accepts your Registration or Application. The Government may also use, delete or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else absent a valid written contract with you.
5. The Government expressly makes no/disclaims all representations, warranties, and conditions of any kind, whether express or implied (if any), including, but not limited to the implied warranties and conditions of availability, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness, accuracy, and any implied warranties arising from course of performance or course of conduct in relation to the use of Platform and/or the use of Platform Content.
6. Without prejudice to the generality of Clause 10.v. above, the Government makes no representations or warranties:
   1. as to the accuracy, quality, completeness, currentness, adequacy, reliability or validity of the Platform Content;
   2. that the Platform Content and the Platform will meet your requirements, or are free of defect, error, omission or virus;
   3. that your use of the Platform or the Platform Content will be uninterrupted, timely, secure or error-free;
   4. that defects, deficiencies or errors in the Platform and the Platform Content will be corrected; and
   5. that the Platform and the Platform Content are suitable for any particular purpose or that it will meet any particular requirements.

1. The Government shall not be under any liability whatsoever for or in respect of any injury to or death of any persons save and except where any such injury or death is caused by the Government’s negligence. For the purposes of this Clause 11, ‘negligence’ shall have the same meaning as that assigned to it in section 2(1) of the Control of Exemption Clauses Ordinance (Chapter 71 of the Laws of Hong Kong).
2. The Government shall not be liable to you and for any claim in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, damages, costs or expenses whatsoever (including whether general, special, indirect, direct, nominal, punitive, incidental or consequential), including loss of profit; loss of revenue; loss of time, loss of anticipated savings; loss of opportunity; loss or corruption of data; loss of use; loss of business; wasted expenditure; loss of or damage to physical property; business interruption; loss of or damage to goodwill, which may arise in relation to these Terms and Conditions, the Platform, the Platform Content and / or the FintechHK Events, regardless of whether the Government knew or had reason to know of the possibility of the loss, injury or damage in question.
3. Without prejudice to Clauses 10 and 11.ii., the Government shall not be liable for violation of your IP Rights by any third party in relation to Your Content.

1. You understand and agree that the Government have the right, at any time, to suspend or terminate some or all of the Government’s services in relation to the Platform without the need to notify you in advance. These Terms and Conditions will apply to your use of the Government’s services until access to the relevant services is terminated by either you or the Government.
2. The Government may suspend or terminate your access to any or all of the Government’s services on the Platform. 
   1. if the Government reasonably believes that you have breached these Terms and Conditions;
   2. if the Government reasonably believes that you have failed to fulfill your duties and obligations you owe to any of its affiliates or third parties;
   3. if your use of the Platform creates risk for the Government or for other Users, gives rise to a threat of potential third party claims against the Government which will be potentially damaging to the Government’s reputation;
   4. there is any claim or allegation or the Government has reasonable grounds to believe that your use of the Platform (including without limitation the uploading, submission, presentation and transmission of Your Content to the Platform) or any Platform Content has infringed or may infringe on the IP Rights or any other rights of any person; or
   5. for any other reason.

Where reasonably practicable, the Government will give you notice of any suspension or termination.

iii. Following termination of some or all of the Government’s services in relation to the Platform, the Government will only retain and use your Platform Content in accordance with these Terms and Conditions. The Government does not guarantee that it will be able to return any of your Platform Content back to you and it may permanently delete your Platform Content at any time without notice to you. Please ensure that you regularly back up your Platform Content.

iv. The provisions of Clauses v.e. - f., 5, 7 and 11 of the Terms and Conditions and Clause 3 of the Disclaimers shall survive any suspension or termination (howsoever occasioned) and shall continue in full force and effect notwithstanding such suspension or termination.

1. Any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, including the Disclaimers, the Personal Information Collection Statement, and the Privacy Policy, will be governed by the laws of Hong Kong. Any dispute or difference between the parties arising out of or in connection with these Terms and Conditions which is not resolved within twenty-eight (28) days may be referred to arbitration in accordance with and subject to the provisions of the Arbitration Ordinance. Any such reference shall be deemed to be a submission to arbitration within the meaning of the Arbitration Ordinance.
2. The current Hong Kong International Arbitration Centre Domestic Arbitration Rules (the “Arbitration Rules”) shall apply to any arbitration instituted in accordance with this Clause.
3. Notwithstanding any provision of the Arbitration Rules, the place of meetings and hearings in the arbitration shall be Hong Kong unless the parties otherwise agree.
4. Article 20.1 of the Arbitration Rules shall be deleted and replaced by:

“20.1       The arbitration proceedings are private and confidential between the parties and the arbitrator.  No information relating to the arbitration shall be disclosed by any person without the written consent of each and every party to the arbitration.    Notwithstanding the above, disclosures are permissible where disclosures –

(a)           are necessary for enforcement of the arbitral award or any settlement agreement between the parties;

(b)           are required by the parties’ auditors or for some other legitimate business reason;

(c)           are required by law or an order of the courts of Hong Kong; or

(d)           are necessary for the making of claims against any third party or to defend a claim brought by any third party.”

v. All provisions in Schedule 2 to the Arbitration Ordinance shall apply to any arbitration instituted in accordance with this Clause.

1. Any notification or notice given by the Government concerning these Terms and Conditions in connection with your use of the Platform may be via emails, web postings, or others. Such notification or notice will take effect and is deemed to be delivered to you on the date it is sent or released.

1. These Terms and Conditions (including their interpretation and any disputes relating to them) shall be governed by and construed in accordance with the laws of Hong Kong.

1. If any provision of these Terms and Conditions is found by any authority or court of competent jurisdiction to be invalid, illegal or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions of the Terms and Conditions, all of which shall remain in full force and effect.

1. These Terms and Conditions constitute the entire agreement between you as the User and the Government at the date hereof in relation to the Registration and the use of the Platform.

1. Any failure or delay by the Government to exercise any right, power or remedy under these Terms and Conditions shall not operate as a waiver of it. Any waiver by the Government of any of its rights, power or remedy must be in writing, and such waiver is limited to the particular right stated therein.

1. You shall not assign, transfer, sub-contract or otherwise dispose of any of your interests, rights, benefits or obligations under these Terms and Conditions without the Government’s prior written consent. The Government may transfer its rights or obligations to any third party without your consent.

1. You may contact the Government at fintech@investhk.gov.hk for any concerns and requests relating to these Terms and Conditions, Disclaimers, Personal Information Collection Statement, Privacy Policy, or the Platform.

1. By registering to use or using the Platform. you understand and agree to the following:
   1. The Government shall have the absolute discretion to make any decisions in relation to the Platform and the FintechHK Events, and its decisions shall be final and binding.
   2. The Government has the right to amend or cancel any FintechHK Events (in whole or in part) at its sole discretion, with no liability to you.
   3. All costs and expenses incurred by you in relation to the Registration and/or your use of the Platform shall be borne solely by you.
   4. To the fullest extent permitted by applicable law, the Government expressly disclaims all warranties and conditions of any kind in respect of FintechHK Events, whether express or implied.

1. You acknowledge and agree that the Government may keep Your Content indefinitely and disclose it for any purpose pursuant to the Terms and Conditions.

1. You agree to indemnify, defend and hold harmless the Government, its authorised users, assigns and successors-in-title from and against any and all Claims of every nature incurred by any of them and related to:
   1. your Personal Information and Platform Content arising out of your use of the Platform and any services provided by the Government; and
   2. the infringement of any IP Rights or any other rights of any person in relation to your use of the Platform (including without limitation the uploading, submission, presentation and transmission of Your Content to the Platform) or any Platform Content.
2. You agree to cooperate fully in defence of any of the foregoing.
3. The Government reserves the right, at its own expense, to control exclusively the defence of any matter otherwise subject to indemnification by you and you will not settle any matter without the Government’s prior written consent.

1. This Personal Information Collection Statement relates to Personal Data supplied by you through/on the Platform (and in any circumstances relevant to your use of the Platform).  In order to provide a better service to you, the Government may collect information when you register with the Government, attend FintechHK Events, use the Government’s services, or communicate with the Government. You acknowledge and agree that you can only register and use the Platform if you accept the Personal Information Collection Statement unconditionally. By registering to use and using the Platform, you agree to be bound by and accept the Personal Information Collection Statement unconditionally. If you do not agree to this Personal Information Collection Statement, you must not register and use the Platform.
   1. This Personal Information Collection Statement sets out how the Platform will collect, use, process and transfer your Personal Data collected.
   2. It is mandatory for you to provide the Government with any Personal Data that the Platform may request, from time to time, and which it indicates as being mandatory.
   3. By registering to use and using the Platform, the User represents, warrants and undertakes that the provision and disclosure of any Personal Information (including but not limited to the personal information of employees of the User (if applicable/if any) to the Government must be in accordance with the relevant provisions and requirements of the Personal Data (Privacy) Ordinance, including Data Protection Principle 3 on the use of data, i.e. unless with the express and voluntary consent of the data subject (“prescribed consent”), and the Personal Data must not be used for any purpose other than the one mentioned at the time the Personal Data were collected (or a directly related purpose). The User confirms that (if the User has provided the Personal Information of relevant employees and other third parties (if any) and Data Protection Principle 3 so requires), the User has complied with relevant provisions and requirements of the Personal Data (Privacy) Ordinance, including adhering to Data Protection Principle 3 that prescribed consent must be obtained from the relevant employees in relation to the provision and disclosure of their Personal Information (if applicable).

1. The Government respects the privacy of your Personal Data. The Government will ensure that Personal Data submitted and/or provided through/on the Platform are handled in accordance with the relevant provisions of the Personal Data (Privacy) Ordinance.   Unless with your consent, any Personal Data provided by you through/on the Platform(and in any circumstances relevant to your use of the Platform) will only be disclosed to and used and retained by organisations or persons authorised by or associated with the Government in the operation of the Platform and/or Fintech events for one or more of the following purposes:
   1. to verify your identity;
   2. to process and administer your Platform Registration, and Application to participate in FintechHK Events;
   3. to process your Registration as a User, providing you with a log-in ID for the Platform and maintaining and managing your registration;
   4. to communicate with you regarding your Registration, use of the Platform, Application, FintechHK Events, or any enquiries, feedback, claims, complaints, or disputes;
   5. to assess account security, detecting and preventing fraud and other security incidents;
   6. to fulfill the Government’s obligations to you and to respond to any questions or requests from you; to contact you about material changes in the Platform, terms or policies; to comply with the applicable law(s) or in good faith belief that such action is necessary to conform with the requirements of applicable law(s) or to comply with legal process served on the Government;
   7. to provide to third parties as a result of any reorganisation process;
   8. if you apply for the FintechHK Events and other events hosted or endorsed by the Platform, the Government will use your Personal Data and User Generated Content you provide to organise and administer FintechHK Events, find out about you and share it with service providers and other third parties the Government views as relevant to the program for which you are applying;
   9. to include your personal data in any profile, content, publications, images, recordings and/or materials in any format whatsoever (including, without limitation, any that may be made available to the public) created by or on behalf of the Government in relation to the Platform and/or FintechHK Event;
   10. to feature your company profile in Fintech Companies Network Portal (for registered Fintech Companies), which will be made available to the public. At any stage you may choose to opt in / out for this listing by ticking / unticking the box under section “Fintech Directory Display” at your Profile;
   11. to send you marketing materials; and
   12. as a record of engagements in the Government’s database for reference of other Users.

At any stage you may choose not to receive (‘opt-out” of) any or all of InvestHK mailings. You may do this by contacting the Government at email fintech@investhk.gov.hk.

1. Subject to your consent, the Platform will send you information relating to the following:
   1. the promotion of any Fintech related services provided by the Government including InvestHK, services in relation to the operation of the Platform, or FintechHK Events operated, hosted or provided by any member of the Platform;
   2. research and questionnaires about Fintech related services provided by the Government including InvestHK and FintechHK Events, hosted and/or provided by any member of the Platform; and
   3. any updates and announcements from time-to-time for the Platform / FintechHK Events.
2. By using the Platform, you agree that your Personal Data provided by you to the Government on/through the Platform may be used and retained for the above direct marketing purposes. At any stage, if you do not wish the Government to use your Personal Data for the above direct marketing purposes, you may choose to ‘opt-out” from the above purposes by contacting the Government at email fintech@investhk.gov.hk.

    

1. For the purposes set out above, you agree that the Government may disclose and transfer (whether in Hong Kong or abroad) your Personal Data held by the Government to:
   1. other members of the Platform;
   2. third party service providers of any of the members of the Platform (including, without limitation, those that provide back-office or IT services, or marketing and promotional services, catering services or security services in relation to the Platform / FintechHK Events);
   3. authorised person of the Platform / FintechHK Events (including, without limitation, organisers, judges, investment managers, registered corporates, investors and services champions on the Platform; and
   4. other third parties including any telecommunications operators, third party service providers, third party collection agencies, credit reference agencies, security agencies, credit providers, banks, financial institutions, the Government’s professional advisers and any other persons under a duty of confidentiality to the Government and any actual or proposed transferees of its rights with respect to you to use, disclose, hold, process, retain or transfer Personal Data for the purposes mentioned above.
2. The Government may also include Personal Data (including, without limitation, full name, biographical information and contact details) in promotional or marketing materials (including, without limitation, promotional banners, video and/or audio recordings, photographs, live streaming, broadcasts, brochures and advertisements) related to the Platform / FintechHK Events, which will be disseminated to and made available to the public.
3. The Government may disclose any personal data when required by applicable law, or as requested by any court, tribunal, or government or law enforcement authorities, or to bring any legal action or to defend any claim related to you.
4. Please note that any Personal Data you provide, once transferred to the third parties, is beyond the Government’s control and thus outside the scope of protection afforded by the Government.
5. The Government does not sell your Personal Data to third parties for direct marketing purposes.

1. Under and in accordance with the Personal Data (Privacy) Ordinance, you have the right to request access to or correction of your Personal Data held by the Government. Any data access request or data correction request, or any other data privacy related queries should be in writing and addressed to the Government at fintech@investhk.gov.hk. The Government may charge you a reasonable fee for each successful access current from time to time. However, such fee will be waived if the access is necessary to make a genuine and reasonable correction.

This Privacy Policy only applies to the information collected, stored, and used by the Government in relation to the Platform, and does not apply to information collected through any third party services that you may access through the Platform.

The Government is committed to ensuring that all Personal Data provided under various applications and notifications are handled in accordance with the relevant provisions of the Personal Data (Privacy) Ordinance. The Government recognise the importance of privacy as well as the importance of maintaining the confidentiality of Personal Information. This Privacy Policy applies to the Platform and services provided by the Government and sets out how the Government collects, uses and discloses information in relation to the Users. This Privacy Policy also applies to the use of the Platform via a mobile device, either through mobile applications or mobile-optimised websites.

Your privacy is important to the Government and the Government has taken steps to ensure that it does not collect more information from you than is necessary for the Government to provide you with the services and to protect your account.

When you register and use the Platform, you may provide the Government with information such as your name, address, phone number, email, company name, business registration number, number of certificate of incorporation, marital status, nationality, gender, date and/or year of birth. When you submit an inquiry or application to the Government’s programs, you may also provide the Government with content such as your proposal, resume, and comments (“User Generated Content”). If you participate in any FintechHK Events, in addition to the information mentioned above, the Government may also collect your live stream videos, your social media account names and profile photos, and posts or comments made by the Platform’s members. Certain data the Government collects may be defined as Personal Data under applicable data protection law.  If you do not provide this Personal Data, the Government may be unable to process your Registration and/or Application.

If you contact the Government, the Government may record the conversation and collect additional information to verify your identity.

1. The Government shall use your Personal Data in accordance with the Personal Information Collection Statement provided by the Government to you on or before the time of collection of your Personal Data. Unless with your consent, any Personal Data provided by you through/on the Platform (and in any circumstances relevant to your use of the Platform) will only be disclosed to and used and retained by organisations or persons authorised by or associated with the Government in the operation of the Platform and/or FintechHK Events for one or more of the following purposes to pursue the Government’s mission and operations and to engage in the activity and related activities for which the Government collects it:
   1. to verify your identity;
   2. to process and administer your Platform Registration, and Application to participate in FintechHK Events;
   3. to process your Registration as a User, providing you with a log-in ID for the Platform and maintaining and managing your registration;
   4. to communicate with you regarding your Registration, use of the Platform, Application, FintechHK Events, or any enquiries, feedback, claims, complaints, or disputes;
   5. to assess account security, detecting and preventing fraud and other security incidents;
   6. to fulfill the Government’s obligations to you and to respond to any questions or requests from you; to contact you about material changes in the Platform, terms or policies; to comply with the applicable law(s) or in good faith belief that such action is necessary to conform with the requirements of applicable law(s) or to comply with legal process served on the Government;
   7. to provide to third parties as a result of any reorganisation process;
   8. if you apply for the FintechHK Events and other events hosted or endorsed by the Platform, the Government will use your Personal Data and User Generated Content you provide to organise and administer FintechHK Events, find out about you and share it with service providers and other third parties the Government views as relevant to the program for which you are applying;
   9. to include your personal data in any profile, content, publications, images, recordings and/or materials in any format whatsoever (including, without limitation, any that may be made available to the public) created by or on behalf of the Government in relation to the Platform and/or FintechHK Event;
   10. to feature your company profile in Fintech Companies Network Portal (for registered Fintech Companies), which will be made available to the public. At any stage you may choose to opt in / out for this listing by ticking / unticking the box under section “Fintech Directory Display” at your Profile;
   11. to send you marketing materials; and
   12. as a record of engagements in the Government’s database for reference of other Users.
2. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests (see section 5. COOKIES below). Where it is required by applicable law, the Government will seek your consent prior to sending you communications for marketing purposes. You have a choice not to accept Cookies (by modifying the relevant Internet options or browsing preferences of your computer system), but if you do, certain functionality may not be available.
3. The Government may also use your Personal Data for other purposes that are not incompatible with the purposes the Government has disclosed to you (such as archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by the Personal Data (Privacy) Ordinance.

1. The Government may disclose and transfer (whether in Hong Kong or aboard) your Personal Data to third parties including the Government’s partners, agents, contractors, personnel who provide services to the Platform, telecommunications operators, third party service providers, third party collection agencies, credit reference agencies, security agencies, credit providers, banks, financial institutions, its professional advisers and any other persons under a duty of confidentiality to the Government and any actual or proposed transferees of its rights with respect to you to use, disclose, hold, process, retain or transfer Personal Data for purposes described in this Privacy Policy or notified to you when the Government collects your Personal Data.
2. Please note that any Personal Data you provide, once transferred to the third parties, is beyond the Government’s control and thus outside the scope of protection afforded by the Government.
3. When the Government believes it is necessary to comply with applicable laws or to exercise, establish or defend its legal rights or protect your vital interests or those of any other person, the Government may also disclose and transfer your Personal Data to its professional advisers, law enforcement agencies, insurers, government and regulatory and other organisations.
4. The Government may also disclose your Personal Data to any other person with your consent to the disclosure.
5. The Government retains your Personal Data as long as the data are still required for the purposes mentioned above for example to provide services or products to you, or as required or permitted by applicable laws, such as tax and accounting laws.
6. Information you submit to the Platform for publication may be made publicly available on the Platform and therefore accessible by any internet user. You should exercise caution when deciding what information you submit to the Government for publication.
7. The Government may provide aggregated or anonymised data to third parties, but when the Government does so, the information shared is in a de-identified format that does not personally identify you.
8. The Government does not sell your personal data to third parties for direct marketing purposes.

1. Under and in accordance with the Personal Data (Privacy) Ordinance, you may have the rights of access to your Personal Data held by the Government and other rights. If you are a visitor from the European Union, please refer to section 13. VISITORS FROM THE EUROPEAN UNION below for more information.
2. If you have any questions regarding this Privacy Policy or if you wish to access or correct your Personal Data as a User, you may send your request to fintech@investhk.gov.hk.
3. The Government may charge you a reasonable fee for the processing of each request you make regarding your Personal Data. However, such fee will be waived if the access is necessary to make a genuine and reasonable correction.

1. The Government uses "cookies" to store specific information about you and track your visits to the Platform, either through a computer or via a mobile device. Cookies, however, keep the identity of the individual users anonymous. It is not uncommon for websites to use cookies to enhance identification of their visitors.
2. A "cookie" is a small amount of data that is sent to your browser and stored on your computer's or mobile device’s hard drive. If you do not de-activate or erase the cookies, each time you use the same browser or mobile device to access the Platform, the Government’s servers will be notified of your visit to the Platform and in turn the Government may have knowledge of your visit and the pattern of your usage. The cookies will enable the Government to remember your information so you do not have to re-enter it every time you use the Platform.
3. In addition, the Government uses cookies to manage the security of the Platform, to gather information about usage by Users; to research visiting patterns and conduct interest-based advertising; to assist the Government’s partners to track user visits to the Platform and to track progress and participation in FintechHK Events.
4. For these additional purposes identified above, you can determine if and how a cookie will be accepted by configuring the privacy setting of the browser you are using to access the Platform or the privacy setting of your mobile device. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information. If you adjust the privacy setting in the browser, your mobile device will continue collecting data unless you adjust the privacy setting of the device, and vice versa.
5. You have the right to decide whether to accept or reject cookies. If you choose to set your web browser controls to reject cookies, you may still use the Platform though your access to some functionality and areas of the Platform may be restricted.
6. Certain features of the Platform depend on cookies. Please be aware that if you choose to block cookies, you may not be able to sign in or use those features, and preferences that are dependent on cookies may be lost.
7. The Government uses two types of cookies: session cookies (which are erased once you close the browser or shut down the device) and persistent cookies (which remain even after closing the browser or shutting down the device/application and which are activated each time you visit the Platform). The session cookies use encrypted data to unambiguously authenticate you. The persistent cookies do not store account numbers or passwords. The Government uses both first party cookies (cookies that are set by the Government and serve mainly to enable basic functionality on the Platform, including analytics cookies that help the Government understand how Users use the pages and how the Government can improve their use) and third party cookies (these cookies are not set by the Government, but by the Government’s selected partners).
8. In addition, the Government also uses social media cookies. Some pages on the Platform allow you to "share" content through social media such as Facebook, Instagram, LinkedIn and Twitter. Sometimes the Government embeds videos from websites like YouTube. These websites set their own cookies on which the Government has no influence. To refuse their cookies, please follow the instructions on their websites. In addition, these websites have their own privacy policy, which you can find on the respective websites.
9. The Platform uses Google Analytics, an internet analytics service provided by Google, Inc., 1600 Amphitheater Parkway Mountain View, California, 94043, USA ("Google"). Google Analytics uses "cookies", which are text files that are stored on your computer and used to analyse the use of the Platform. For example, Google's cookies allow the Government to tell which pages its Users are viewing, which ones are most popular, what time of day the Platform are visited, if Users have previously visited the Platform, from which platform Users are redirected to the Platform, and the like. The data generated by the cookies about your use of the Platform will be transmitted to Google and stored by Google on servers in the United States.
10. The Government use an anonymisation tool of IP addresses so that the IP addresses are truncated within the territory of the Member States of the European Union and the other members of the agreement on the European Economic Area ("EEA"). The non-truncated IP address are only exceptionally transmitted to Google’s servers in the US and then truncated there.
11. Google uses the data on behalf of the website operator to evaluate your use of the website, to compile reports on website activity for the website operators and for other website activities and internet usage services. Google may disclose this information to third parties under the terms of the law or for further processing by third parties on behalf of Google.
12. For more information about Google Analytics cookies, visit the Google Help pages and Privacy Policy:

Google Privacy Policy: https://policies.google.com/privacy

Google Analytics Help Center: https://developers.google.com/analytics/devguides/collection/gtagjs/cookie-usage?hl=en

The IP address that your browser will pass on to Google Analytics will not be associated with any other data stored by Google. Through your browser settings, you can block cookies; however, this can lead to problems with the use of some functionalities of the Platform. Through the add-on "Google Analytics Opt-out" you can through your current browser opt-out to the use of Google Analytics from then on: http://tools.google.com/dlpage/gaoptout?hl=en.

More information can be found here: https://support.google.com/analytics/answer/6004245.

1. The Government employs commercially reasonable security methods to prevent unauthorised access to the Platform, to maintain data accuracy and to ensure the correct use of the information it holds.
2. For registered Users, some of your information can be viewed and edited through your account, which is protected by a password. The Government recommends that you do not divulge your password to anyone. The Government’s personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session. Once you register with the Government you must keep the details of your account and password confidential. You are responsible for all activities that occur under your account and password.
3. No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while the Government tries to protect the information held, the Government cannot guarantee the security of any information you transmit to the Government and you do so at your own risk.
4. You agree to indemnify the Government from and against all Claims arising out of your use of the Platform or the use of the Platform by any person using your account, your password and/or your Personal Information.

1. You understand that the Government may use the information you provided to send emails and newsletters to you. If you no longer wish to receive these communications, you can do so by following the instructions to unsubscribe set forth in its communication sent to you, or contact the Government at fintech@investhk.gov.hk.

1. Some Personal Data such as your mental health condition, sexual orientation, medical history, or criminal record is considered “sensitive” in some jurisdictions, and is subject to heightened regulation than the other types of Personal Data. The Government does not intend to collect such sensitive Personal Data from you and any such sharing of sensitive Personal Data is entirely at your own sole discretion and risk.
2. Do not supply Personal Data about others unless you have obtained express and voluntary consent of the said person; and you consent to the Disclaimers and this Privacy Policy on behalf of yourself and the person(s) about whom you supply Personal Data (“Data Subject”). Before supplying Personal Data about others (except as otherwise allowed by law or contract), you must make available for the Data Subject’s review, and obtain their written consent to, said Disclaimers and Privacy Policy. By submitting any Personal Data about others, you represent and warrant that you are authorised to do so and that you did all of the foregoing before submitting the information. If applicable law allows you to supply the information without doing the foregoing, you represent and warrant that you have abided by such applicable law and that it allows the Government to receive and disclose the information under this Policy without any further action on the Government’s part. You agree to indemnify, defend and hold the Government harmless against any failure by you to comply with this paragraph.

1. You are giving the Government the following particular express, voluntary, and informed consent to a few activities relating to your Personal Data that is disclosed in furtherance of the Government’s mission and operations, or for a purpose directly related to such purpose:
   1. Consent to International Transfer and Disclosure of Personal Data. The Government is involved in programs and activities in a variety of countries. You agree that the Platform and those with whom the Government shares your Personal Data (“Recipients”) may disclose and transfer your Personal Data worldwide to the Government’s affiliates, sponsors and partners, and any other third party service providers for any purpose to further the Government’s mission and operations.
   2. Consent to Electronic Notice if there is a Security Breach: The Government will safeguard your Personal Data and prevent such information from unauthorised access, disclosure, or use. If the Government or a Recipient is required to provide notice of unauthorised access to or other invasion of certain security systems, you agree that the Government (or they) may do so when required (or voluntarily) by posting notice on the Platform or sending notice to any email address the Government has for you, in its (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.
   3. Media Consent: You provide the following consent to the Platform, its affiliates and sub-licensees to take photos, digital images, audio and/or video footages of you, and to use your Image (defined below) in any form of media for the purpose of promoting the Platform, and/or Hong Kong Fintech ecosystem. The term “Image” refers to the full set of attributes of your personality, including but not limited to your image, voice, family name and forenames, signature and business name / logo. You grant the Platform an exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, assignable, transferable and fully sub-licensable licence to all present and future rights, title and interest in all intellectual property (including, without limitation, any trademark, copyright, publicity, and database rights, and the right to prepare derivative works) you have in your Image, to store, use, reuse, edit, modify, adapt, reproduce, display, host, publish, circulate, or distribute your Image as the Platform deems appropriate in its sole and absolute discretion. You represent and warrant that you have all rights to grant such licences to the Government without infringement or violation of any third party rights. The Platform is not obligated to submit any promotional and other materials to you, or your organisation for approval, or to produce, distribute or utilise any of the rights granted herein. You irrevocably and unconditionally waive any and all moral and similar rights vesting in your Image to the extent legally permissible.

1. The Government keeps Personal Data for as long as it thinks is necessary or advisable and the Government reserves the right to retain it to the full extent not prohibited by law. The Government may discard Personal Data at its discretion, so you should retain your own records, and not rely upon the Government’s storage of any Personal Data, content, or other data.
2. Subject to applicable laws and regulations, you may have the right to inquire and request for a review of, request a copy of, make supplements or corrections to, discontinue collection, processing or use of, or request to delete some or all of your Personal Data at the Government’s possession. Please contact the Government if you have any inquiries as to what information the Government has concerning you, and submit your new information if your Personal Data has changed.

1. The Government may update this Privacy Policy from time to time in response to changing legal, technical or business developments. When the Government updates the Privacy Policy, the Government will take appropriate measures to inform you, consistent with the significance of the changes it makes. The Government will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. Any changes to this Privacy Policy will be communicated by the Government posting an amended Privacy Policy on the Platform. Once posted on the Platform, the new Privacy Policy will be effective immediately. You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at this Privacy Notice.

This section of the Privacy Policy applies only if you use the Platform or services covered by this Privacy Policy from a country that is a Member State of the European Union, and supplements the information in this Privacy Policy.

If you are a User within the EEA, your data controller is the Government of the Hong Kong Special Administrative Region. For contact details, please see Clause 20 of Terms and Conditions “Contact us”.

i. Legal Basis for Data Processing

The Government processes Personal Data for the purposes set out in this Privacy Policy, as described above. The legal basis to process Personal Data will depend on the Personal Data concerned and the specific context in which the Government collects it. However, the Government will normally collect and process Personal Data about you only where it is: necessary for the performance of any contract between you and the Platform (for example, to provide you with the services you request and to identify and authenticate you so you may use the Platform); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for the Government’s legitimate interests and not overridden by your rights; and/or where it is based on your consent.

If the Government collects and uses your Personal Data in reliance on the Government’s legitimate interests (or those of any third party), this interest will normally be to operate the Platform and services, manage the Government’s relationship with you and communicate with you as necessary to provide the Government’s services to you and for the Government’s legitimate interest, for instance, when responding to your queries, improving the Platform and services, undertaking marketing, or for the purposes of ensuring the security of the Platform and services and detecting or preventing illegal activities such as fraud. The Government may have other legitimate interests and if appropriate the Government will make clear to you at the relevant time what those legitimate interests are.

If the Government asks you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, the Government will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). In some instances, you may be required to provide the Government with Personal Data for processing as described above, in order for to provide you all of the Government’s services, and for you to use all the features of the Platform.

The Government retains your Personal Data as long as the data are still required for the purposes mentioned above, for example to provide services to you, or as required or permitted by applicable laws, such as tax and accounting laws. When the Government has no ongoing legitimate need to process your Personal Data, the Government will either delete or anonymise it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then the Government will securely store your Personal Data and isolate it from any further processing until deletion is possible.

If you have questions about or need further information concerning the legal basis on which the Government collects and uses your Personal Data, please contact the Government using the contact details provided under Clause 20 of Terms and Conditions “Contact us”.

ii. International Transfers of Personal Data

The Platform operation may require the Government to transfer your Personal Data to countries outside of the EEA, including to countries that may not provide the same level of data protection as your home country such as the United States and China. The Government takes appropriate steps to ensure that Recipients of your Personal Data are bound to duties of confidentiality and the Government implements appropriate measures to ensure your Personal Data will remain protected in accordance with this Privacy Policy.

iii. Your Rights

If you are a resident of the EEA, you have the following data protection rights, which you can exercise at any time by contacting the Government using the contact details provided under Clause 20 of Terms and Conditions “Contact us”:

• The right to access, correct, update or request deletion of your Personal Data;
• The right to object to processing of your personal information when it is based on the Government’s legitimate interests, and separately the right to object to direct marketing;
• The right to ask the Government, in some situations, to restrict processing of your personal information or request portability of your personal information;
• The right to opt-out of marketing communications the Government sends you at any time. Please contact the Government at fintech@investhk.gov.hk.
• If the Government has collected and processed your personal information with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing the Government conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.