THE UNIVERSITY OF HONG KONG MUSEUM SOCIETY (“the Society”)
TERMS AND CONDITIONS
Please read carefully all the following sections and their binding provisions.
1. USE PURPOSE RESPONSIBILITY
Every visitor to or user (“Visitor User/Visitor/User/You”) of the Society Website (“The Website”) is solely responsible for:
- The purpose for which the Visitor User makes use of The Website;
- The content of any information that the Visitor User may send or receive while using The Website;
- Ensuring that no improper, fraudulent, or unlawful use is made of The Website, directly or indirectly, including any activity that is prohibited under any law of the Hong Kong Special Administrative Region or elsewhere;
- Ensuring that no unauthorized access to information is gained through The Website or unauthorized use is made of The Website; and
- Ensuring that no virus or other damaging factor is introduced to The Website through Visitor User access to The Web Site.
If Visitor Users do not agree with all these terms and conditions of use of The Website, please cease access to and use of the Website. Accordingly, all use of The Website is subject to all these terms and conditions.
2.1 The content of The Website is provided for information purposes only. No claim is made as to the accuracy or authenticity of the content of The Website.
The Society makes no representations about the suitability, reality, availability, timeliness, and accuracy of the information, services and related graphics contained on The Website for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind.
The Society hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
2.2 Furthermore, the Executive Committee of The Society does not accept liability to any person for the information or advice provided on The Website or incorporated into it by reference. The Executive Committee of The Society and The Society itself do not accept any liability for loss or damage incurred as a result of reliance placed upon the content of the Website.
The information on The Website is provided on the basis that all persons accessing The Website in whatever way and for whatever purpose undertake responsibility for assessing the relevance and accuracy of its content.
The information on The Website is provided solely on the basis that accessing visitors and users will be responsible for making their own assessment of the matter herein, and must themselves verify all relevant representations, statements and information. The information does not constitute professional advice and may not be relied upon as such. Formal advice from appropriate advisers should be sought for any particular matter.
The Society does not guarantee that the functions contained in the Website will be uninterrupted or error-free, that the Website or its server will be free of viruses or other harmful components, or that defects will be corrected even if the Society is aware of them. To the fullest extent allowed by applicable law, the Society will not be liable for any direct, indirect or consequential loss arising from the use of the content contained in the Website or from your access to any other material on the Internet via web links from these sites. The Society does not seek to limit liability in respect of fraudulent misrepresentation nor in respect of death or personal injury directly caused by its negligence.
2.3 Website Links
2.3.1 The information contained on The Website is not to be displayed except in full screen format. No liability is accepted for any partially or wholly extracted or duplicated content or information that may appear in any other format. No responsibility is taken for any information that may appear on any linked websites.
2.3.2 The Website includes links providing direct access to other internet sites for the convenience of Visitor Users. However, The Society is not affiliated with nor does it endorse these remote sites and it takes no responsibility for the content or information contained on those sites, and does not exert any editorial or other control over those sites.
2.3.3 The provision of links to those other sites does not imply that such sites represent the views of The Society.
3. COPYRIGHT AND TRADEMARK NOTICE
3.1 Except where otherwise indicated, copyright of all materials presented on The Website resides with The Society and other individuals or entities. Apart from any fair dealing for the purposes of private study, research, criticism or review as permitted under copyright laws in respect of which relevant and fully identified credit must be given, no part may be reproduced or reused for commercial purpose whatsoever. All other rights are hereby expressly reserved.
3.2 The contents of the Website, including text, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of the Website (including the collection, arrangement and compilation of such materials) (“Materials”) are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of the Society or website contents provider of the Society or its clients. Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. Without prior written permission from Society, you shall not, for any purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue, alter or amend the Materials in any way, nor store the Materials in any retrieval system or use the Materials in any other way. You acknowledge that by hyperlinking to, adopting, reproducing or redistributing, copying or printing or downloading of any of the content of the Website you do not acquire any intellectual property rights in the Materials or any of their contents. For the avoidance of doubt, your permitted access to the Website and to the Materials does not concern or constitute any commitment of the Society to extend to any contents on other websites linked to or otherwise accessible from the Website. If you intend to reproduce, distribute or otherwise use any contents on any such linked websites, you shall obtain all necessary authorisation or permission from the other website and copyright owners concerned.
All rights not expressly granted by the Society are hereby reserved.
3.3 PERSONAL USE: Your use of the Materials is for informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the Materials or other contents of the Website in any way. You agree to indemnify, defend and hold harmless the Society for any and all unauthorized uses you may make of any Materials or other content on the Website. You acknowledge the unauthorized use of the contents could cause irreparable harm to the Society and that in the event of an unauthorized use, the Society shall be entitled to a equitable relief by way of injunction in addition to any other remedies available at law or in equity.
3.4 FEEDBACK AND SUBMISSIONS: You agree that you are and shall remain solely responsible for the contents of any interactive submissions you make to the Website, and you will not submit material that is unlawful, defamatory, abusive or obscene nor will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
3.5 The names, trademarks, service marks and logos of The Society appearing on The Website may not without prior express written permission of The Society be used in any advertising or publicity, or otherwise to indicate sponsorship of The Society or affiliation of the Society with any third party, product or service.
3.6 The Society is providing information and services on the internet as a benefit and service in furtherance of the educational mission of The Society’s nonprofit and tax-exempt status. The Society makes no representations about the suitability of this information and these services for any purpose.
For questions or comments regarding this content please contact The Society at [email protected]
4. PERSONAL INFORMATION COLLECTION STATEMENT
4.1 Information Collection
4.2 Why do we collect personal information?
In order for us to process your application for membership and for any and all subsequent programmes of The Society, subscriptions and our services, you are required to provide your personal data to us. This applies to both existing and potential members of The Society and all the other visitors to The Website.
We collect the personal information that you provide such as your name, contact numbers, email address and mailing address for the purposes of direct marketing and non direct marketing such as sending to you our latest news including programme updates, trips, greetings, events, special offers, promotions, discounts, sponsorship opportunities, networking, opinion sharing benefits, invitations, opportunities for volunteering, workshops, seminars, courses, workshops, conferences, lectures and other programme opportunities, services or benefits related to your membership of the Society and to our activities and services as an art, cultural and antiquities related service organization supporting the University Museum and Art Gallery of The University of Hong Kong. Such communications to you may be by postal mail, electronic mail, telephone, SMS, online etc.
We also may use your personal data held by us for the purposes of feedback collection, surveys, membership administration and all actions incidental to the maintenance of your membership in good standing and any other communication and marketing purposes.
We may engage third party service providers and data processors for the performance of any of our normal activities and for such purpose we may disclose or transfer your personal data purely for the purposes outlined above to such service provider, data processor or any other person on the basis of a duty of confidentiality owed to us. Our normal practice is to secure from any volunteers or staff or associated organization assisting in the provision of our services to undertake to keep all personal data information confidential with the exception only in any case where we are under an obligation to make disclosure under the requirements of any law or rule, regulations, codes of practice or guidelines issued by any regulatory or other authorities having direct authority for such purpose or with which, in our discretion, we are under a duty to comply.
As an important part of our services to you as a member we would like to ensure that you remain fully updated about all our activities and we shall continue to send you the latest news of all the above functions, offers and promotions.
We therefore now seek to ascertain that you have no objection to our continued use of your personal data for the above purposes.
If you agree that your personal data can continue to be used as mentioned above in the same way as in the past, there is no need for you to take any further action and in the absence of contrary response within 30 days of the date of this communication we shall be happy to take your tacit agreement to such continuation.
As required by law, we will not use your personal data for sending marketing or promotional information to you if we have received your confirmation of withdrawal or opting out of our system of communication and arrangements.
However, should you no longer wish us either now or at any future time to use your personal data as explained above or wish to be excluded from our future communications, please indicate your wish in writing by posting hard copy or by email to us at [email protected] or by fax on (852) 2546-¬9659 in order to unsubscribe.
Although we may communicate to you offers from third parties, such communication would always come from us. We have no intention to transfer and we shall not transfer your personal data to any third parties.
Collection of Personal Information from Persons under the age of 18
The Society is concerned about the safety of children when they use the Internet and with fair means of collection of personal information from them. The Society does not knowingly collect personal information from any person under the age of 18, without prior consent from a person with parental responsibility for the individual such as a parent or guardian through direct off-line contact. If you are under the age of 18, please give us your parental contact information or exit our Site. If we become aware that a web user is under the age of 18 and has registered with our Site without prior requisite and verifiable parental consent, we will remove his or her information from our files.
To avoid unauthorized access while your personal data is transmitted to our website, we require that a “service session” first be established using 128-bit Secure Socket Layer (SSL) Certificate.
4.4 Do we share information?
The Society may need to share or use your personal data to assist us to provide our services and respond to you with such information as you may have requested. The Society may contract with other parties to perform services such as processing applications, providing services, sending mail, processing orders, providing support and conducting market research etc. on our behalf.
4.5 In order to enable them to perform these services, we may need to provide them with access to limited amounts of information about you, but we shall impose strict requirements of security and confidentiality upon them in how they handle your personal information. They will not be permitted to use your personal information for anything else other than to perform the services The Society has requested them to provide.
4.6 Other disclosure of information
In all other cases we will not disclose your personal data unless we have previously informed you and have been authorized by you, or are required to do so by law or other regulatory authorities.
4.7 Your rights of access and correction
You can contact us by email ([email protected]) or otherwise as in 5.8 below at any time if you wish to access information we hold about you or to ask for the correction of any inaccurate personal data we may hold about you.
5.2 What information do we collect?
The Society collects two types of information from members and from website visitors:
(i) personal data which you knowingly choose to disclose that is collected on an individual basis; and
(ii) the website users’ information collected on an aggregate basis when you and others browse The Website.
5.3 Personal data members must provide
Application for membership of The Society is by way of your written communication in signed hard copy form (Membership Form) submitted to the Society together with the appropriate cheque for the relevant subscription.
As a required preliminary part of the registration process prior to your admission as a member of The Society, we require that you supply your name and email address together with your membership application in writing. Failure to provide such information may result in our being unable to provide you with our services.
In addition to providing the foregoing personal data to us, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses.
5.4 Website user information
5.4.2 IP addresses
We also log IP addresses, or the location of your computer on the internet for system administration and troubleshooting purposes. We do not use IP address logs to track your session or your behavior on The Website.
5.5 Protection of personal data
The Society does not collect any personal data about you unless you voluntarily provide it to us. You provide your personal data to us as a preliminary in order for you to be admitted as a member of The Society.
Our Society has implemented security measures, procedures and technology to help keep your personal information secure. You may obtain a summary of the personal information on record with us, which has been collected about you via The Website. You may also request your personal information previously provided to us on or through The Website to be reviewed by you, corrected or disposed or to be removed from our marketing databases.
5.6 How do we use your personal data?
Essentially, we use your personal data for purposes of administering all our activities, providing member services and making available other products and services to you and other prospective members. Please see 4 above. We may also use your personal data to notify you about important changes to The Website, to these Terms and Conditions, to new services and special offers, if any that we think you will be interested in.
The main purposes for which your personal data may be used by us are accordingly:
- Processing your application or registration for membership and thereafter for our services, enquiry or feedback
- Incorporation into our user database
- Provision of contents and business details in response to enquiries and complaints
- Services surveys
- Compliance with disclosure requirements under any law applicable in or outside Hong Kong
- Public notices
- Other related purposes
You should also note that the Society’s responsibility for personal data privacy protection as set out in this Statement does not extend to personal data which is passed to third parties, and we are not responsible for the protection of your personal data or lack thereof by such third parties.
Modification of your personal data, opt out, and deletion of your personal data
You can modify the personal data you previously provided, or opt out of receiving email messages from us and delete your member account at any time by sending an e-mail to us at [email protected] or by post to: The Membership Secretary, The University of Hong Kong Museum Society, The University of Hong Kong Museum and Art Gallery, 90 Bonham Road, Pokfulam, Hong Kong, or by Fax: (852) 2546-9659.
Except as otherwise provided in this Statement, your personal data as an individual subscriber will not be provided to any third party without your consent.
5.8 How long do we keep your personal data?
We will keep your personal data for as long as it is necessary to serve you or to continue to provide all relevant services to you as a member in good standing of the Society. We will retain your personal data for a reasonable period if you cease to be our member unless the law requires us to keep it for longer.
5.9 Third Party Access
In general, our operational practice limits third party access to confidential information, and limits the use and disclosure of such information to persons, processes and transactions authorised by us. Third parties designated to handle personal data will be instructed to do in accordance with the terms of this Statement but please note 5.7 above in this regard.
5.10 What about other website’s link to The Website?
Please note that The Website contains links to other sites. When you use a link to go from The Website to another website, this Statement is no longer in effect as regards the new website or sites. Your browsing and intervention on other websites, including websites that have a link to The Website, is subject to the own rules and policies of those websites which may differ from those of The Website and The Society has no participation in or responsibility for any of these websites.
We are not responsible for the practices employed by websites linked to or from The Website nor the information or contents contained therein.
5.11 Your consent
By continuing using This Website you consent to our collection and use of your personal data as described in this Statement.
The Executive Committee
The University of Hong Kong Museum Society
14 October 2019