Welcome to SupportHK.org (“Site“). The site is operated and maintained by the ADM Capital Foundation Limited (ADMCF Ltd). By using or visiting our Site, registering for an account on the Site, posting a message, signing a petition, organizing a petition, or otherwise interacting with any of the services provided to you on, from or through the Site (collectively, the “Services”), you are indicating your agreement to be bound by these General Terms of Use, our Petition Organiser’s Terms of Use (as applicable) and the Personal Information Collection Statement (if applicable) (collectively, the “Terms and Conditions“). If you do not agree to any of these General Terms of Use or the Petition Organiser’s Terms of Use, please do not use the Services or the Site.
We may in our sole discretion amend the Terms and Conditions from time to time. We will attempt to notify all users of any such amendments by posting a notice on the Site and by sending a notice to all users with registered accounts. If you are not in agreement with any of the amendments, you must cease to use our Services and the Site, and you have the right to terminate your account by deleting your account through your Support Hong Kong profiles and settings page. Otherwise, a user’s continued use of the Services or the Site will be deemed to be the user’s acceptance of the amended Terms and Conditions.
1. User Conduct
(a) The Services and the Site are provided to you for your personal, non-commercial use only. These General Terms of Use apply to all users of the Services and the Site. Each user, represents, warrants and agrees:
(b) We reserve the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice.
2. User Content Posted on the Site
You acknowledge and agree that:
Please keep in mind that whenever you voluntarily disclose your personal information online in a manner that is publicly available, such as providing your email to a petition or making a comment in a public forum, third parties may have access to such information, and it can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
3. Links to Other Websites and Content
The Site may contains links to other web sites (“Third Party Sites“) as well as content belonging to or originating from third parties (“Third Party Content“) that are not owned or controlled by us. You acknowledge and agree that we do not approve or endorse any Third Party Sites or Third Party Content. You also acknowledge and agree that we have not investigated, monitored or checked for accuracy, appropriateness, or completeness for any Third Party Site or Third Party Content, and that we are not responsible or liable in any way for any damage or loss you may suffer in connection with your use of or reliance upon any of the Third Party Sites accessed through the Site or any Third Party Content posted on the Site, or any goods or services available on or through any such site or resources. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.
4. Disclaimers
You acknowledge and agree that:
5. Limitation on Liability
You agree and understand that in no event will ADM Capital Foundation Ltd, our affiliates, or any of our respective directors, officers, agents, contractors, partners or employees be liable to you or any third party for any damages whatsoever arising from your use of the Services or the Site, or any of the Site content or other materials on or accessed through the Site. Under no circumstances will we be responsible for any loss or damage, including any loss or damage arising or relating to: (i) any User Content or personal injury or death, resulting from anyone’s use of the Services or the Site, (ii) any User Content or Third Party Content posted on or through the Services and the Site or transmitted to users, (iii) any interactions between users of the Site, whether online or offline; or (iv) our removal of any petition, any User Content or any other content on the Site.
6. Indemnity
You agree to indemnify and hold us, our affiliates, and each of our respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) your use of and access to the Services or the Site; (ii) your violation of any Terms and Conditions or of any law; (iii) your violation of any third party right, including without limitation any copyright, property, privacy right; (iv) any claim in connection with any User Content, any Third Party Content you post on or through the Services or the Site; or (v) your conduct in connection with the Services or the Site or with other users of the Services or the Site.
7. Infringer Policy
We may at our sole discretion limit any user’s access to the Site and/or terminate the account of any user who in our sole discretion has breached any Terms and Conditions or of any law.
8. Cookies
ADMCF Ltd. may use “cookies” to enhance your user experience. Cookies are small bits of information that are automatically stored on a person’s web browser in their computer that can be retrieved by the Site. Cookies can make the Site more useful by storing information about your preferences on particular sites, thus enabling website owners to provide more useful features for their users. We use cookies to make the Site better and easier to use. We may also track data relating to your behaviour on the Site, including, but not limited to, creating a petition, signing a petition, your general geographic region and/or your organisation affiliations. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to disable cookies or inform you when they are set. However, by disabling them, this may impact your ability to use our Site.
9. Copyright Complaints
If you believe that any content or material on the Site infringes any copyright owned or controlled by you, please send written notice to us at:
SupportHK.org, Suite 2405, 9 Queen’s Road, Central, Hong Kong
In your notice, please state the following:
10. General
You agree that the laws of Hong Kong, without regard to principles of conflict of laws, will govern these General Terms of Use and any dispute of any sort that might arise between you and ADMCF Ltd., any of our affiliates, or any of our respective directors, officers, agents, contractors, partners or employees. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the courts of Hong Kong, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Hong Kong. Our failure to exercise or enforce any right or provision of these General Terms of Use will not constitute a waiver of such right or provision in that or any other instance. The Terms and Conditions and any other legal notices published by ADMCF Ltd. on the Site, will constitute the entire agreement between you and ADMCF Ltd. concerning the Services and the Site. If any provision of these General Terms of Use is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these General Terms of Use and will not affect the validity and enforceability of any remaining provisions.
Any person who wishes to organize a petition on our website (“Petition Organiser“) www.SupportHK.org (“Site“). The site is operated and maintained by the ADM Capital Foundation Limited (ADMCF Ltd), must agree to be bound by the following terms and conditions (“Petition Organiser’s Terms of Use“), the General Terms of Use and the Personal Information Collection Statement (collectively, the “Terms and Conditions”), otherwise, that person is not permitted to organize a petition on the Site.
1. Transfer of Petition Signers Personal Data
On or prior to the time that a user joins a petition on the Site (“Petition Signer“), the Petition signer will be required to create an account and will be asked to provide his or her consent to the transfer of his/her personal data (“Personal Data“) to the Petition Organiser strictly for the purpose of joining the petition. The user will not be able to join a petition unless he or she has explicitly agreed to the transfer of his or her Personal Data to the Petition Organiser.
2. Consent to Receiving Petition Organiser’s Information
On or prior to the time that a user joins a petition, the Petition Signer may opt in, via checking the box(es) [ ] on the Site, to receive from the Petition Organiser:
By checking the box(es), the Petition Signer consents to our transfer of the Petition Signer’s Personal Data to the Petition Organiser so that the Petition Organiser may provide the Petition Signer information put together by the Petition Organiser. If the Petition Signer at any time wishes to opt out of receiving any Petition Organisers Information and notifies us or the Petition Organiser directly, the Petition Organiser shall immediately cease to use such Petition Signer’s Personal Data upon receipt of notice.
3. Delivering Petition Organiser’s Information to the Petition Signer for the First Time
A Petition Organiser must, when using a Petition Signer’s Personal Data to deliver to the Petition Signer information for the first time, notify the Petition Signer of his or her right to request the Petition Organiser to cease using the Petition Signer’s Personal Data without charge to the Petition Signer.
4. Use of the Personal Data
Each Petition Organiser represents and warrants that the Petition Organiser will at all times observe the requirements of the Terms and Conditions and the Personal Data (Privacy) Ordinance (Cap 486) of Hong Kong (“Ordinance“).
Each Petition Organiser undertakes to access and use the Personal Data in accordance with the following non-exhaustive list of restrictions and obligations:
5. Not an Agent, Contractor or Data Processor of ADMCF Ltd.
Each Petition Organiser agrees that the Petition Organiser is not an agent, contractor, data processor, or in any similar type of relationship with ADMCF Ltd.. As an independent data user, the Petition Organiser represents and warrants that the Petition Organiser will comply with all relevant provisions of the Ordinance, which regulates the use and transfer of Personal Data, and the Petition Organiser agrees and understands that ADMCF Ltd. will not be liable for any Petition Organiser’s breach of any requirements under the Ordinance.
Please refer to the following documents published by the Hong Kong Privacy Commissioner related to the use, transfer and handling of personal data by data users:
6. Petition Content
Each Petition Organiser understands and agrees that:
7. Termination of the Petition
The Petition Organiser agrees that ADMCF Ltd. may at its sole discretion remove any petition on the Site without prejudice to any claim for damages against the Petition Organiser. The Petition Organiser agrees and acknowledges that once ADMCF Ltd. removes a petition organized by the Petition Organiser on the Site, the Personal Data held by such Petition Organiser will no longer be required, and the Petition Organiser agrees to immediately cease using the Petition Signers’ Personal Data, and agrees to erase and destroy all Personal Data in accordance with the Ordinance. The Petition Organiser agrees and acknowledges that under no circumstances will ADMCF Ltd. be responsible to a Petition Organiser for any loss or damage arising or related to our removal of any petition or any Petition Organiser’s Content on the Site.
8. Indemnity
The Petition Organiser undertakes to indemnify ADMCF Ltd., its affiliates, and each of their respective directors, officers, agents, contractors, partners and employees from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or resulting from the Petition Organiser’s breach of any of the Terms and Conditions or the Ordinance.
9. General
The Petition Organiser agrees that the laws of Hong Kong, without regard to principles of conflict of laws, will govern the Petition Organiser’s Terms of Use and any dispute of any sort that might arise between it and ADMCF Ltd., any of its affiliates, or any of their respective directors, officers, agents, contractors, partners or employees. With respect to any disputes or claims, the Petition Organiser agrees not to commence or prosecute any action in connection therewith other than in the courts of Hong Kong, and the Petition Organiser hereby consents to, and waives all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Hong Kong.
ADMCF Ltd.’s failure to exercise or enforce any right or provision of the Petition Organiser’s Terms of Use will not constitute a waiver of such right or provision in that or any other instance. The Terms and Conditions and any other legal notices published by ADMCF Ltd. on the Site, will constitute the entire agreement between the Petition Organiser and ADMCF Ltd. concerning the Services and the Site. If any provision of the Petition Organiser’s Terms of Use is deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Petition Organiser’s Terms of Use and will not affect the validity and enforceability of any remaining provisions.
This Personal Information Collection Statement (“PICS“) applies to all users (sometimes referred to as “you”) who register for an account on our website www.SupportHK.org (“Site“). The website is operated and managed by the ADM Capital Foundation Limited (“ADMCF Ltd.”)
ADMCF Ltd. is committed to ensuring the privacy of each user’s personal data in accordance with the Hong Kong Personal Data (Privacy) Ordinance (Cap 486) (“Ordinance“). This PICS sets out how ADMCF Ltd. may collect, use and disclose a user’s personal information. ADMCF Ltd. may at its sole discretion amend this PICS from time and time, and all use and access of the services on the Site, including but not limited to visiting, accessing or browsing the Site, signing or organizing a petition on the Site, and any other services ADMCF Ltd. may offer on the Site (collectively, the “Services“) will be governed by the most recent PICS. ADMCF Ltd. will provide notice of materially significant changes to this PICS by posting a notice on the Site and by sending a notice to all users with registered accounts on the Site.
1. Collection of Personal Data
In order to access some features of the Services such as signing and/or organising a petition, you will need to create an account on the Site. When you create an account, ADMCF Ltd. will collect the following information from you:
(collectively, the “Personal Data“).
ADMCF Ltd. will only collect personal information that it believes is relevant and required to provide you with the Services. In the event that you do not provide any of the Personal Data indicated as mandatory at the time of collection, we will not be able to provide you with access to the Services.
2. Purposes of Collecting and Keeping Your Personal Data
ADMCF Ltd. collects, retains and uses your Personal Data for the following purposes:
3. Transfer of Personal Data
ADMCF Ltd. will disclose your Personal Data to the following parties directly related to the above-mentioned data collection purposes:
4. Direct Marketing
If, when creating your account you opt in to receive the SupportHK newsletter and other marketing materials, ADMCF Ltd. may use your Personal Data to provide marketing materials to you relating to:
If at any time you do not want ADMCF Ltd. to use your Personal Data for direct marketing as described above, you may exercise your opt-out right by un-checking the box “[ ]” in your profiles and settings page, or by notifying ADMCF Ltd. via email to info@supporthk.org.
5. Transfer of Your Personal Data to a Petition Organizer
On or prior to the time you sign a petition on the Site, ADMCF Ltd., you will be required to create an account at which time we will seek your consent to permit: (a) ADMCF Ltd. to transfer your Personal Data to the Petition Organiser, and (b) for the Petition Organiser to transfer your Personal Data to the target(s) indicated in the petition. If you do not consent to the transfer of your Personal Data as set out in the foregoing (a) and (b), you will not be able to sign a petition on the Site.
Once you have signed a petition, you will be allowed to opt in by ticking check box(es) “[ ]”, to receive from the Petition Organiser:
If you consent to us transferring your Personal Data to the Petition Organiser, you agree and understand that:
If at any time you would like the petition organiser to cease using your Personal Data for petition updates as described above, you may exercise your opt-out right by un-checking the box “[ ]”in your profiles and settings page on the Site, or by contacting the Petition ORGANISER directly, or by notifying ADMCF Ltd. via email to info @supporthk.org.
If at any time you would like the Petition Organiser to cease using your Personal Data for direct marketing updates as described above, you may exercise your right by contacting the Petition ORGANISER directly, or by notifying ADMCF Ltd. via email to info@supporthk.org.
6. Confidentiality
Your Personal Data will be kept confidential in accordance with this PICS. Any questions, comments, suggestions or information other than Personal Data sent or posted to us ADMCF Ltd. users will be deemed voluntarily provided to ADMCF Ltd. on a non-confidential and non-proprietary basis. ADMCF Ltd. reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely.
7. Safety of Personal Data
All reasonable efforts are made to ensure that any Personal Data held by ADMCF Ltd. are stored in a secure and safe place, and accessed only by our authorised employees or authorised Third Party Service Providers.
8. Right to Access and Correct Personal Data
Under the Ordinance, you have the right of access to your Personal Data held by ADMCF Ltd. and the Petition Organiser to request correction of the information. If you have any questions regarding this PICS or if you wish to access or correct your Personal Data, you may send your request in writing to the following address:
SupportHK.org
Suite 2405, 9 Queen’s Road, Central, Hong Kong
Or by e-mailing to: info@SupportHK.org
All such requests will be dealt within in accordance with the requirements under the Ordinance. In accordance with the Ordinance, ADMCF Ltd. reserves the right to charge you a reasonable fee for the processing of any data access or correction request.
Your Consent
By ticking the checkbox “I agree to the Terms and Conditions of the Site”, you are indicating that:
If you do not agree to any of the General Terms of Use, the Personal Information Collection Statement, or the Petition Organiser’s Terms of Use (if applicable), please do not use our Services or the Site.
Please note that if ADMCF Ltd. does not receive your consent your personal data will not be used for direct marketing purposes by ADMCF Ltd. but may still be retained on ADMCF Ltd.’s database to enable us to provide you with the services requested by you. You have the right to request access to and to amend the Personal Data ADMCF Ltd. holds for you by sending an email to info@supporthk.org.