Terms And Conditions
This Personal Mobile Application (‘’App’’) is provided by Hong Kong Debt Management Services Limited (‘’the Company’’ or ‘’we’’, which includes our successors and assigns).
This End User License Agreement (‘’Agreement’’) is an agreement between you as the user of the App and the Company and applies to your use of the App and related technology provided by the Company.
- Data charges (including roaming charges) imposed by your mobile service provider may apply. You are responsible for these charges.
- You must not use the App on any mobile device or operating system that has been modified outside the mobile device or operating system vendor-supported or vendor-warranted configurations. This includes mobile devices that have been ‘’jail broken’’ or ‘’rooted’’. For the purpose of this Agreement, a jail-broken or rooted mobile device means one that has been freed from the limitations imposed on it by your mobile service provider and the mobile device manufacturer without their approval.
- Licensed rights and restrictions
3.1. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to download and use the App on your mobile device for your personal purposes only.
3.2. You may not use the App for any purpose, which is unlawful, abusive, libelous, obscene, threatening or inappropriate in any other way.
- Trade marks and copyright
4.1. All trade marks, logos and service marks in the App are owned by the Company and you are prohibited from using them without our prior written consent.
4.2. All contents in the App (including any text, graphics, links and sounds) are protected by copyright. You are prohibited from modifying, reproducing, storing in a retrieval system, transmitting (in any form or by any means), copying, distributing, re-using, re-posting, reverse-engineering, decompiling, using for creating derivative works or in any other way for commercial or public purposes any part of such contents and related materials without our prior written consent.
5.1. While care has been taken in preparing the information and materials contained in the App, such information and materials are provided to you on an ‘’as is’’ or ‘’as available’’ basis. We do not give any warranty or representation of any kind, whether express or implied. In particular, we do not give any warranty or representation regarding non-infringement, security, accuracy, fitness for a particular purpose or freedom from computer virus, Trojan horses, worms, software bombs or similar items (‘’disabling Codes’’) in relation to the App or any of the information and materials contained in the App. You are solely responsible for ensuring adequate protection and back up of data and/or equipment for your mobile device, including taking reasonable and appropriate precautions. We are not responsible for any loss, damage or expenses of any kind which you may incur or suffer as a result of or in connection with any of the matters set out in this clause.
5.2 Information sent over the Internet cannot be guaranteed to be completely secure. We are not responsible for any loss, damage or expenses of any kind which you may incur or suffer as a result of or in connection with any delay, loss, diversion, interception, alteration or corruption of any message sent to or received from the Company at your request, over the internet. We are not responsible in any manner for any direct, indirect, special or consequential damages which you may incur or suffer arising from or in connection with the use of the App.
5.3 Communication over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet or any other reason.
- Third party websites or resources
6.1. The App may offer access to general financial and market information, news services, market analysis, product information and marketing materials prepared and/or issued by persons other that the Company (together, ‘’Third Party Information’’) and may provide reports compiled from Third Party Information in any form, medium or means. The Third Party Information may be provided in the App or accessible via hyperlinks in the App to third party websites or resources (‘’Third Party Websites’’). The contents, accuracy, completeness, timeliness, opinions or views expressed, and other links provided via the Third Party Information or at these Third Party Website are not investigated, verified, monitored, or endorsed by the Company. The Company expressly disclaims any responsibility for the contents, their availability or errors or omission of Third Party Information found on the App or any the Third Party Websites that link to or from the App.
6.2. You are solely responsible for making all enquiries and investigation before proceeding with any online or offline access or dealing with any person through the Third Party Websites. You understand and accept that all activities conducted by you via or in the App are at your own risk. We do not warrant the security of any information that you may forward or provide to any person via the Third Party Websites. You irrevocably waive any claim against the Company for any loss, damage or expenses which you may incur or suffer arising from or in connection with any access to or interaction with any of the Third Party Websites via the App.
6.3. Hyperlinks to other The Group websites or mobile applications (“Group Websites and Applications”) may be included in the App for your convenience. The products and services offered on the Group Websites and Applications may be limited to persons located or residing in a specified jurisdiction. In addition, the contents on the Group Websites and Applications may not be intended for persons located or residing in any jurisdiction that prohibits or restricts the distribution of such contents. The terms and conditions governing the use of the Group Websites and Applications offered by each Group entity may differ. You should carefully read the terms and conditions applicable to each of the Group Website and Applications before using or downloading them.
- Your responsibilities
7.1. You are responsible for all claims, damages, liabilities, fees, charges, costs and expenses of any kind arising from
7.1.1. your use of the App ;
7.1.2. our reliance on the information provided by you for providing the App; and
7.1.3. any breach by you of this Agreement, any intellectual property or other right of the Company or any other person
- 7.2. You are responsible for preventing, safeguarding and ensuring that no Disabling Code is uploaded, transmitted or installed onto or via the App
- Governing law and jurisdiction
9.1. This Agreement is governed by and shall be construed in accordance with the laws of the HKSAR.
9.2. You submit to the non-exclusive jurisdiction of the courts of the HKSAR.
9.3. This Agreement may be enforced in the courts of any competent jurisdiction.
- 10. Governing version and variation of this Agreement
10.1.The English version of this Agreement shall prevail to the extent of any inconsistency between the English version and the Chinese version.
10.2. We have the right to vary the provisions of this Agreement and/or the Important Notice and/or our Notice to Customers and Other Individuals relating to the Personal Data (Privacy) Ordinance from time to time and notify you of the variations when you next launch the App. You are required to read and accept the variations before continuing your use of the App. If you do not accept the variations, you should cease to use the App.
Important Notice, Disclaimer and Risk Warning
By accessing this App you are agreeing to the terms set out below and by continuing to use this App following the posting of any charges to these terms will signify your consent to the changes made.
This App is primarily intended for those who access it from within Hong Kong. Products and services referred to in this App are offered only in jurisdictions where and when they may be lawfully offered by the Hong Kong Debt Management Services Limited (‘’the Company’’ or ‘’we’’). This App and the contents in this App are not intended for any persons located or residing in any jurisdiction which prohibits or restricts the distribution of this App and/or its contents. Persons downloading or using this App are required to investigate themselves and observe any applicable restrictions.
This App is not and should not be regarded as an offer, solicitation, or recommendation to any person in a jurisdiction to buy or sell investment products to or take deposits from that person if it is unlawful to make such an invitation, offer, solicitation or recommendation in that jurisdiction.
The information contained in this App is not and is not intended to provide investment or other professional advice. Persons downloading or using this App should obtain advice from their own professional adviser as appropriate.
The Company has discretion whether or not to provide any information, products or services described in this App to any person. Any information, products or services described in this App may be withdrawn or amended at any time without advance notice at the discretion of the Company.
The Company maintains strict security standards and procedures to prevent unauthorized access to information about you. The Company will never contact you by email or other means and ask you to provide or validate your personal information such as your user ID, account number or password. If you receive such a request, you should contact the Company. Please communicate with the Company through our official website domain address and not through any hyperlink embedded in any email.
Please also refer to our security reminders which may be updated from time to time.
Our Privacy Principles
To preserve the confidentiality of all personal data you provide to us, we maintain the following privacy principles:
- Transparency：We will be clear and transparent as to how we collect and use data.
- Fair and lawful usage：We will only collect, process and store data lawfully and where we have a legitimate reason to do so.
- Limited purposes：We will collect and process data for specified and lawful purposes, and will not use it for further, incompatible purposes without first taking all steps necessary under applicable data privacy laws and regulations.
- Data minimization and adequacy：We will ensure our collection, retention and processing of data is proportionate. We will strike an appropriate balance to ensure that we process sufficient data to carry on our business and achieve any specified lawful purposes, while making sure that we do not collect, retain or process excessive amounts of data.
- Data quality and accuracy：We will maintain appropriate standards of data quality and integrity, and we will implement policies in respect of data accuracy, including taking steps to avoid data becoming out of date where appropriate.
- Data security and retention：We will retain data securely, implement appropriate data retention policies, and we will dispose of data securely once it is no longer required. We will ensure that appropriate processes are put in place so only those acting on our behalf with a business requirement to access such data are authorized and able to do so.
- Training and awareness：We will ensure that those acting on our behalf with access to data are trained appropriately on their obligations regarding those data.
- Data subject rights：We will ensure that data subjects’ rights are observed in accordance with applicable data privacy laws and regulations, including any timeline established thereby.
- Third parties：Where we appoint a vendor or agent, we will require them to apply standards equivalent to these Data Privacy Principles. We will only disclose data to governmental or judicial bodies or law enforcement or agencies or our regulators where this is allowed by applicable Data Privacy Laws and Regulations, or otherwise required by applicable, or otherwise required by applicable laws and regulation.
- Data transfers：Where we voluntarily transfer data to another HSBC Group entity, third party or to another jurisdiction, we will ensure that the data transfer is lawful and that the recipient is required to apply the same, or equivalent, standards as these Data Privacy Principles.
In addition to our duty of confidentiality, we shall at all times observe the above privacy principles and the Personal Data (Privacy) Ordinance (‘’the Ordinance’’) of the Hong Kong SAR in collecting, maintaining and using the personal data of customers in accordance with the Notice to Customers and other Persons relating to the Ordinance (the ‘’Notice”)
We may gather the following information through the use of ‘’cookies’’. Cookies are small bits of information that are automatically stored on your web browser in your computer, mobile phone or other device for accessing the Internet (‘’device’’) that can be retrieved by this Site/mobile application. Cookies will:
- record your visit to this Site/mobile application for analyzing the number of visitors to this Site/mobile application, user’ general usage patterns.
- Record your personal usage patterns, profile, preferences and interests through your use of this Site/mobile application and for improving your experience.
- Allow us to recognize your device and will store information about your personalized settings (such as language reference, useful links settings) and your use of this Site/mobile application (such as visit and logon sessions, as will as your behavior, pattern and footprints regarding the use of this Site/application), thus enabling us to provide more useful features to you, to tailor the content of our websites and mobile applications to suit your interest.
We will be able to access the information stored on the cookies. These data obtained through cookies may be further comingled and matched with your personal data collected and used or to be collected and used by the Company in accordance with the Notice, including but not limited to your demographic data, transaction details and transaction pattern and behavior. Where permitted by your marketing preferences, we may use these data and your personal data provide you with promotional materials or direct marketing.
Most browsers are initially set to accept cookies. If you prefer, you can, during your visit at this Site/mobile application, set your browser to disable cookies or to inform you when they are set – please see our cookies policy for more details of how to do this. By disabling cookies, you may not be able to take full advantage of the Site/mobile application.
If you accept cookies during your use of this Site/mobile application or continue to use this Site/mobile application, you will be acknowledging that your information and personal data (if any) is being collected, stored, accussed and used as outlined above.
We may also work with third parties to research certain usage and activities on this Site/mobile application for us. These third party research agencies include Sizemek, Bing, Google Campaign Manager (DoubleClick Campaign Manager) / Google Ads (AdWords) / Google Display & Video 360 (DoubleClick Bid Manager), Google Webmaster, Yahoo!, Facebook, WeChat, Yahoo, theTradeDesk, Nielsen//NetRatings, Webtrends, Celebrus and Adobe. They use technologies such as tracking tags, cookies, spotlight monitoring and web beacons to collect information for this research. They use the information collected through such technologies (i) to find out more about users of this Site/mobile application, including the number of the visitors, user demographics, preferences, interests, behavior and usage patterns, (ii) for internal reporting and (iii) to improve the effectiveness of our marketing.
The collect information and then share it with us but these information may possibly be comingled and matched with your personal data collected or to be collected by us in accordance with Notice to enable your identity to be directly or indirectly ascertained. As part of the information that we share with them, we may share your advertising identifier and ‘’installation event’’ (which means the data in relation to when you first install or use this Site/mobile application). Personally identifiable information about you may be collected or shared by Sizemek, Bing, Google Campaign Manger (DoubleClick Campaign Manager) / Google Ads (AdWords) / Google Display & Video 360 (DoubleClick Bid Manager) / Google Webmaster, Facebook, WeChat, WebTrends, Yahoo, theTradeDesk, Celebrus and Adobe with us as a result of this research. Should you wish to disable the cookies associated with such technologies, you may change the setting on your browser.
Occasionally we may collect personal data from you when you visit this Site/mobile application or when you participate in a contest or promotion (whether online, over the telephone or at one of our branches), the collection and use of your personal data is governed by the Notice. We only collect personal data from you if you voluntarily provide it to us. We may use your personal data to inform you of products, services and other marketing materials which we think may be of interest to you. We or our external research agencies on our behalf may also invite you to participate in market research and surveys and other similar activities.