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This Privacy Policy Statement should be read together with the Personal
Information Collection Statement.
We pledge to comply with the requirements of the Personal Data (Privacy) Ordinance
of the Hong Kong Special Administrative Region, the People's Republic of China.
1. Data Collection
1.1 We collect your personal information:
1.1.1. when you use a form on this website to subscribe to our information
services of this website, to participate in any activities provided on this
website or to change your personal information;
1.1.2. when you provide information by telephone or in documents, such as applying
for use of services provided by the Innovation and Technology Commission Funding Administrative System ('ITCFAS'), making applications under the Design Support Programme
('Fund'), participating in any activities related to ITCFAS, submitting your
own work (e.g. articles or art works) or expressing your opinions;
1.1.3. when you log in or come to this website, at which time our network servers
will automatically record and verify your domain name and IP address and track
the pages you visit. This information does not identify you as an individual;
and
1.1.4. when legally required to do so.
1.2 Your visiting this website will trigger the use of our cookies, which are
stored in your computer's hard drive for the purpose of facilitating your navigation
of this website only. No personally identifiable information is collected through
cookies. You may refuse to accept the cookies by adjusting the setting of your
computer, but you may not be able to utilize certain functions of this website
(e.g. banner display) as a result.
1.3 We will use your personal information to:
1.3.1. send you information to which you have subscribed or any other information
about this website or the Fund;
1.3.2. provide the services you require and process your application made under
the Fund or applications for participating in any activities related to ITCFAS;
1.3.3. contact you for feedback, survey, or whatever purposes; and
1.3.4. maintain and develop our systems, research and develop our services,
and conduct and publish statistical and data analysis.
2. Disclosure
2.1 Subject to 2.2 below, we do not sell, trade or disclose to any third party
any information you provided unless we have been authorized by you or are required
by the law.
2.2 We reserve the rights to disclose your personal information to other government
departments or appropriate third parties if we are required to do so by law
or we believe that such action is necessary:
2.2.1. to protect our rights and properties in relation to this website and
other users of this website;
2.2.2. to comply with legal process such as a search warrant, subpoena or court
order;
2.2.3. to protect against misuse or unauthorized use of this website or any
services we provide in relation to the Fund; or
2.2.4. during emergencies, such as when somebody's safety is at risk.
2.3 When you click on a hyperlink referencing to any other websites, you are
leaving this website for another location. We are not liable to or responsible
for your exposure to cookies and the privacy or security of any personal information
you subsequently provide at the new location.
3. Security
3.1 Every registered user has his or her private password, and our system allows
restricted access with that password only.
3.2 Access to personal information is only granted by using the authorized
password.
3.3 We will protect all personal data in our system, but will not guarantee
that the transmission of data is absolutely secure. If you discover any of your
personal data being disclosed to a third party, please contact us immediately.
3.4 You should not reveal your password to any third parties. We are only responsible
for protecting the passwords within our system.
3.5 You should avoid saving your password in the computer hard disk, and you
must close the browser window immediately after you have logged out, in order
to prevent others from accessing your personal information.
4. Changing Your Personal Information
You may use the HTML forms provided in this website to correct or update your
personal information. In response, we may ask you to provide details for verification
purpose.
5. Enquiries
If you have any question about the privacy policy of this website, please contact
us by email at enquiry@designsmart.gov.hk.
This Privacy Policy Statement is subject to change. Any change will be posted
on this webpage.
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The following terms and conditions (the 'Terms and Conditions') govern your
use of this website (the 'Site') published by the Innovation and Technology
Commission (the 'Commission'), the Government of the Hong Kong Special Administrative
Region (the 'HKSAR Government') and the information (the 'Information') and
the functions (the 'Functions') contained on or available through the Site (collectively
the 'Services'). By accessing, using or downloading the Site or the Services,
you agree to be bound by this Terms and Conditions, which the HKSAR Government
may change from time to time without further notice to you. You are advised
to read this Terms and Conditions carefully and each time you access to this
Site.
Restrictions on Use
You may not access, use, download, copy, print, display, link, frame, store
for subsequent use, transmit or distribute any Information from the Site, except
as expressly provided in this Terms and Conditions. You may access the Site
and display, download, print, disseminate and re-produce the Information for
non-commercial use, provided that you do not cause or permit the Information
to be modified in any manner, including without limitation by removal of any
Copyright Notice, Disclaimer, warning or notice. You may link to the Site, provided
that the link targets the Site registration page at the URL, http://www.designsmart.gov.hk,
and that you deliver notice of the link, including the URL of each Web page
containing the link, to the Commission.
Risk and Security
You acknowledge that you use the Services of the Site at your own risk and
shall bear all risks associated with the use of the Services. You acknowledge
that, given the nature of the Web, we cannot guarantee that any transmission
of any personally identifiable information and/or any other information under
the Services is completely secure. By using or accessing the Services and in
consideration of such access and use, you acknowledge that you are satisfied
that the security features that the Commission has adopted are adequate for
all your purposes.
User Conduct
You shall be held solely and fully liable for all losses and damages incurred
by the HKSAR Government if:
- you upload, post, email, offer or otherwise transmit any information in
respect of which you have no right (either proprietary, contractual, or fiduciary)
to transmit or which is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, libelous, obscene, pornographic, invasive of privacy
or public rights, illegal or otherwise objectionable;
- you impersonate any person or entity by way of transmitting any forged or
manipulated information through the use of this system;
- you upload, post, email, offer or otherwise transmit any information that
infringe any proprietary rights or intellectual property rights, including
without limitation patent, trademark, trade secret, copyright of any party;
- you upload, post, email , offer or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, or any form of solicitation,
except when expressly authorized to do so by us;
- you upload, post, email or otherwise transmit any information that contain
software viruses or any other computer code, files or programs that would
interrupt, destroy or limit the functionality of this system and/or computer
software or hardware or telecommunications equipment constituting therein;
and
- you interfere with or disrupt this system or servers or networks through
which this system is functioning, or disobey any requirements, procedures,
policies or regulations of such networks.
You acknowledge that the HKSAR Government or anyone acting on its behalf has
no obligation to pre-screen any information submitted by you but it can exercise
in its sole discretion the right (but not the obligation) to refuse or remove
any information that is transmitted through this system, to remove any information
that is considered to be objectionable, and to preserve and/or disclose any
information if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to, without limitation, comply
with legal process, enforce its rights or respond to claims that any information
violate the rights of third parties.
PIN, Password and Username
You may receive a password, a Personal Identification Number (PIN) and/or a
username for use of the Services provided on the Site. You undertake to keep
the password, the PIN and the username as confidential information and will
not disclose any of this information to any other person under any circumstances.
You agree and acknowledge that any use of the Site and the Services by any person
whatsoever (whether authorized by you or not) with your password, PIN and username
shall constitute and be deemed the use of the Site and the Services by you.
You shall be held solely and fully liable to the HKSAR Government for any loss
and damages arising from your disclosure (whether intentionally or unintentionally)
and any authorized and/or unauthorized use of your password, PIN and username.
Personal Information and Privacy Policy
The personally identified information as so required by us and provided and/or
updated by you for the use of the Services should be true, current and complete.
You acknowledge that the Commission will observe the Privacy
Policy Statement and the Personal Information Collection
Statement in the administration of the personally identified information
so collected.
Disclaimer of Warranties
Except as otherwise provided in this Terms and Conditions, to the maximum extent
permitted by applicable law, the Commission provides the Site and the Services
'as is' and with all faults; and the HKSAR Government disclaims with respect
to the Site and the Services all warranties and conditions, whether express,
implied or statutory, including without limitation any warranties or conditions
of or related to accuracy, currency, merchantability, fitness for a particular
or any purpose, durability, absence of defects, title, non-infringement of third
party intellectual property rights, or fault-free or continuous service or operability.
Links to Third-Party Sites
The Site contains links to sites which are not under the control of the HKSAR
Government. In no event shall the HKSAR Government or anyone acting on its behalf
be responsible for the contents of any linked site or any link contained in
a linked site or for any changes or updates to such sites. Inclusion of a link
is for your convenience only and does not imply any endorsement by the HKSAR
Government. You are responsible to comply with this Terms and Conditions of
use of any linked site. The HKSAR Government reserves the right to terminate
any link or linking programme at any time.
Exclusion of Certain Damages
To the maximum extent permitted by applicable law, in no event shall the HKSAR
Government or anyone acting on its behalf be liable for any direct, indirect,
special, incidental or consequential damages whatsoever, including without limitation
damages for personal injury, death, loss of profits, loss of confidential or
other information, business interruption, loss of privacy, failure to meet any
duty (including without limitation any duty of good faith or reasonable care),
negligence, negligent misrepresentation, failure to warn, and any other pecuniary
or other loss whatsoever, arising out of or in any way related to the Site or
the Services, including without limitation any use or misuse of, or inability
to use, the Site or the Services, or otherwise under or in connection with any
provision of this Terms and Conditions, including without limitation any breach
of any term or condition or a fundamental breach of this Terms and Conditions,
even if the HKSAR Government or anyone acting on its behalf has been advised
of the possibility of such damages.
Jurisdiction and Governing Law
This Terms and Conditions shall be governed by and construed in accordance
with the laws of Hong Kong Special Administrative Region, the People's Republic
of China. You agree to submit any dispute arising from or in connection with
this Terms and Conditions to the exclusive jurisdiction of the courts of Hong
Kong.
Notice and Limitation
In the event that you suffer any loss or damage arising from or in connection
with your use, misuse or inability to use this Site or the Services, you shall
not commence any claim or proceeding, arising from or in connection with the
Site or the Services, unless and until you have delivered notice of such loss
and damage and provided the Commission with sixty (60) days to correct such
situation. In any event, you shall not bring any claim against the HKSAR Government
more than six (6) months after the purported cause of action has arisen. The
Commission's address for legal notices is 20/F, Wu Chung House, 213 Queen's Road East, Wanchai, Hong Kong.
Severability
The provisions of this Terms and Conditions are severable, and should any provision
hereof be void, voidable or unenforceable under any applicable law, such void,
voidable or unenforceable provision shall not affect or invalidate any other
provisions of this Terms and Conditions, which shall continue to govern as though
the void, voidable or unenforceable provision were not a part hereof.
Suspension and Termination
The HKSAR Government or anyone acting on its behalf reserves the right to suspend
and/or terminate your use of the Site, and your password, PIN and/or username
at any time without notice to you.
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