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Please read these terms carefully, which govern your registration as a client of Total Credit Management Services Hong Kong Limited/Total Credit & Risk Management Group (collectively known as "Total") and your use of any and all furnished information ("Services") delivered through email and/or accessed electronically through Total’s Website ("Website"). The following are terms of a legal agreement between you and Total. By accessing, browsing, or using our Services through our Website and/or email, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions ("Terms") and to comply with all applicable laws and regulations. Where your access and use are on behalf of another person, you confirm that you are authorized to, and explicitly agree to these Terms on that person's behalf and that, by agreeing to these Terms on that person's behalf, that person is bound by these Terms. If you do not agree to these Terms, you are not authorized to access and/or use our Services. Total reserves the right to change, modify, add or remove in whole or in part these Terms at its sole discretion, at any time. Therefore, you are responsible for reviewing this statement. These changes will also be effective when they are posted.
Use of Services and Website
The viewer/user of our Services and Website acknowledges that the use of Total’s Services and/or Website is for the sole and exclusive use only as an aid in considering credit, risk and compliance management and for no other purpose ("Restricted Purpose") and herein does not/will not contravene The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, which includes (but is not limited to) Secession, Subversion, Terrorist Activities, Collusion with a Foreign Country or with External Elements to Endanger National Security; Personal Data (Privacy) Ordinance (Cap. 486 Laws of Hong Kong) which includes (but is not limited to) amendments covered under the Personal Data (Privacy) (Amendment) Ordinance 2021 and criminalises doxxing activities as an offence; and/or any other privacy and data protection ordinances, acts or laws in your own country. Doxxing activities include (but is not limited to) the disclosure of personal data and/or identifying information without relevant consent of a particular individual and/or their family members, with an intent to cause harassment, molestation, threat, intimidation, bodily harm or psychological harm, and/or damage to the individual’s (and/or their family members’) property.
If you choose to access our Services from a location outside of Hong Kong, you do so on your own initiative and are solely responsible for compliance with any applicable privacy, data protection ordinances, acts or laws in your own country. Any and all furnished information (from our offline reports, searches and/or Website) may not be copied, reproduced, uploaded, posted, transmitted, republished, distributed without Total's prior written consent, with the exception that Total grants you non-exclusive, non-transferable, and limited permission to access, display and/or download information from our Website. It is also EXPRESSLY NOTED that any and all information displayed/provided are in the strictest confidence at your request by Total as your agent and any information must not be disclosed or made known to the subject or any other individual, firm or corporation. This limited permission is conditioned on your acceptance to (a) not modify any furnished information and/or displayed on our Website; (b) keep intact all copyright, trademark, and other proprietary notices; and (c) accept any terms, conditions, and notices accompanying the content of otherwise set forth on our Website. You acknowledge that any records and statutory data are provided on an "as is" basis which may only have name in English, Chinese or other characters, and/or in different name formats but for the same target (e.g.: CHEN Da Wen could also be shown as CHEN Dawen, 陈大文 (simplified Chinese), CHAN Tai Man or 陳大文 (traditional Chinese), with no warranties or guarantees whatsoever. Total makes no warranty or guarantee that our Services and/or Website will be uninterrupted, timely, secure or error-free.
Your failure to comply with these terms, conditions, and notices will result in automatic and immediate termination of any rights granted to you by these Terms, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Total does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or any proprietary or intellectual property rights. You are prohibited from mirroring any of the content from our Services and/or Website on another website or in any other media; and from posting or transmitting to and from our Website any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, unlawful, racially, ethnically, religiously and/or other objectionable material deemed illegal; (ii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; and (iii) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information. You will be liable to indemnify Total for any and all liabilities, losses, damages or expenses, arising out of or in any way related to your breach or non-observance of any of these conditions.
User ID & Password
Any User ID and/or Password issued by Total for our Website must be kept secure and confidential. You are entirely responsible for maintaining the security of your User ID, Password and/or Account and for any and all activity that occurs under your Account. You will notify Total immediately of any disclosure or unauthorised access or use of your User ID, Password or Account or any other breach of security. You understand that any person in possession of your User ID and Password will be able to access your Account, including, without limitation access to Services accessible through your Account. You accept sole risk of any unauthorised access to your Account and will be liable to indemnify Total to the fullest extent for any losses incurred due to someone else using your User ID, Password and/or Account. You may not use another person’s Account at any time, without the express permission of the Account holder.
You are recommended to change your Password regularly. This will protect you against any unauthorised access to your Account or fraudulent activity. Your Password shall have a minimum of 8 characters (consisting of a mix of alphanumeric, upper and lower-case characters, e.g. Qwe1R2t3). Your Password shall not consist of well-known or publicly-posted identification information. Your Password shall be memorised and never written down or recorded along with corresponding account information or User ID. The User ID and Password used for your Total Account should never be used for any other non-Total Accounts and Services. When it is necessary to communicate the Password to an authorised individual orally, measures must be taken to ensure that the Password is not overheard/identified by unauthorised individuals. Your Password shall not be transferred electronically over the Internet using insecure methods. Whenever possible, security protocols including IMAPS, FTPS, HTTPS, etc. shall be used.
Collection, Use and Disclosure of Personal Information
By using Total's Services and Website, users agree that Total collects and processes the personally identifiable information (as defined below) they provide by registering and/or creating a Total Account, by purchasing subscriptions, use of credit card for payment or any electronic/online payment or during any exchange with Total in connection with the use of their Total Account. Total will not share any personally identifiable information with other parties except as described in these Terms. Total also processes anonymous data, aggregated or not, in order to analyse and produce statistics related to the habits, usage patterns, and demographics of users as a group or as individuals. Such anonymous data does not allow the identification of the users to which it relates. Total may share anonymous data, aggregated or not, with third parties without seeking your prior permission.
If legally required, Total may disclose personal identifiable information to external law enforcement bodies or regulatory authorities, in order to comply with legal obligations.
Personally Identifiable Information (PII)
"Personally Identifiable Information" (PII) is information that can be used to uniquely identify a user including (but not limited to) name, ID/passport number, email address, social media ID and other details, employment details, address and/or credit card number. If you are an EU user, "personally identifiable information" means "personal data" within the meaning of article 4 of the General Data Protection Regulation (EU) 2016/679 (GDPR). You may be asked to provide personally identifiable information during the sign in process, and then in connection with the use of Total’s products, services and online sites. While Total collects PII on a voluntary basis, for certain Services Total's collection of PII may be a requirement for access to the product or service or to process a user's order. Any information and communication relating to the processing of those personal data be easily accessible and easy to understand, and that clear and plain language be used.
If you are located within the European Economic Area (EEA) area, and if any personal data of yours is submitted to us, the provisions of GDPR shall apply to you and to such data processing. GDPR stipulates that you have the right to be informed, right of access to the personal data collected by us, right to rectification (i.e. processes to ensure that the personal data held remains accurate and up to date), right to erasure (i.e. processes to securely dispose of PII that is no longer required or where an individual has requested destruction of their PII), right to restrict processing/usage of their data, right to data portability (i.e. processes to allow individuals to move, copy or transfer their personal data from one IT environment to another in a safe and secure way, without hindrance to usability), right to object (i.e. procedures to handle an individual's objection to the processing/usage of their PII) and rights in relation to automated decision making and profiling. If you wish to make use of any of these rights, you should contact us here, providing adequate identification of yourself by sending a copy of your ID, making a request signed with signature (handwritten or electronic) etc.
By using our Website, you agree that we can place cookies on your device. A cookie is a small data file that we transfer to your computer to facilitate your usage of our Website. If you want to remove existing cookies from your device, you can do this using your browser options. Most internet browsers automatically accept cookies.
Links to other Websites
Our Website may provide links to other third-party websites and resources. Total makes no representations, warranties, or other commitments whatsoever about any third parties' websites or resources that may be referenced, accessible, or linked from our Website. A link to a third-party website does not mean that Total endorses the content or use of such website or its owner. In addition, Total is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from our Website. You acknowledge, agree and take all responsibility of any risk that may incur when using such external websites or resources, and Total is not responsible or liable for any content, services, products, or any other materials on or available from those websites or resources.
Limitation of Liability
In no event shall Total, nor any of its officers, directors and employees, be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from our Website, or any website or resource linked to, referenced, or accessed through our Website, or for the use of downloading of, or access to, any materials, information, products or services, whether such liability is under contract, tort or otherwise.
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