HKL Broker App Terms and Conditions

Please read this notice carefully. It regulates Users’ use of this App and all materials within it. Access to and use of this App are subject to the following terms and conditions:

Hongkong Land (“HKL”) refers to Hongkong Land Holdings Limited and its subsidiaries including without limitation The Hongkong Land Company, Limited, Hongkong Land Limited, Hongkong Land China Holdings Limited and Hongkong Land International Holdings Limited, and their respective officers, directors, shareholders, agents, employees, affiliates, subsidiaries and third party parties.

Eligibility details

The App is available to current Estate Agents Authority (“EAA”)’s estate agent and/or salesperson licence holder and other individuals as may be approved by HKL from time to time at HKL’s sole discretion, who have successfully downloaded the App on their mobile device (collectively, “User” or “Users”, as the case may be). The capacity of eligible Users is non-transferable. In order to use the App, a compatible mobile device such as mobile phone, iPad or tablet computer, access to the Internet and WiFi are required. Users’ mobile device should fulfill the necessary software requirements, i.e. iOS: all current and future iOS versions / Android: all current and future Android versions. App supports only English language. The version of the App software may be upgraded from time to time to facilitate Users’ experience and to provide new functions, features and services.

All Users must be over 18 years old. Each User can maintain one active account with the App at any given time. Notwithstanding item 1 above, any registration to join the App is subject to the verification and final approval by HKL and HKL reserves the sole and absolute right to reject any registration by anyone without providing any reason or notice whatsoever. The approval of eligibility for registering with the App is at HKL’s sole discretion at all times. HKL’s decision on whether any User is or is not eligible for the registering the App is final and binding on all Users, and is not open to challenge.

For the purpose of registering with the App, HKL needs to collect Users’ real personal data and contact details for the purposes of proof and verification of eligibility, and for communication or notification purposes. Should a User fail to provide any of such personal data and contact details, HKL may not be able to process or accept the User’s registration to the App and/or allow Users to access the App. HKL may disclose the personal data and contact details collected to such persons HKL is required to make disclosure under the laws of Hong Kong.

Users must keep their personal data and contact details up-to-date and accurate from time to time. If a User (i) ceases to be an EAA estate agent and/or salesperson licence holder, or (ii) does not hold an EAA estate agent and/or salesperson licence but was approved by HKL to register the App by reason due to his / her employment at an agency or otherwise, that User must forthwith inform HKL of his / her cessation as an EAA estate agent and/or salesperson licence holder or the termination of his / her employment (as the case may be), and in any event, by no later than 14 days after such cessation or termination. Unless with HKL’s consent, Users will not be permitted to further access or use the App after such cessation or termination.

Restrictions

Users must not:-

violate or contravene any law, legislations, ordinance, statute, rules and regulations from time to time in force, or engage or commit any illegal, unlawful, immoral, indecent, fraudulent activities or conduct (including without limitation any multi-level marketing, pyramid scheme, etc.) on the App, or menace, harass, intimidate, bully any person or entity, or cause damage or injury to any person, entity or property;

re-sell for commercial gain any information obtained from the App without the express written permission of HKL;

subvert or tamper with the operation of the App, or do or permit or allow to do anything that may directly or indirectly misuse, disable, overburden, impair, interfere or attack the existence, operation or continuance of the App in any manner and under any circumstances;

engage in any conduct that may adversely affect or be detrimental to the App, the reputation of HKL or the App, or subject HKL and/or the App to public criticism or disapproval, or directly or indirectly cause or lead to any disruption, interruption or suspension of the App or its related systems;

conduct, or permit or allow any business to be conducted, any business (commercial, personal, charitable or otherwise) on the App in whatever manner;

do anything, or permit or allow anything to be done, that may infringe the intellectual property rights (including without limitation copyright, patent, trademark, trade secret or any other proprietary rights, rights of publicity or privacy, etc.) of HKL or any other party;

use, or permit or allow the App to be used, the App to process, store, display, transmit or otherwise distribute any Prohibited Contents. “Prohibited Contents” means information and materials that may (a) menace, harass, intimidate or bully any person or entity, or cause damage or injury to any person, entity or property, (b) be defamatory, political, harassing, pornographic, obscene, inciting violence or containing nudity or graphic or gratuitous violence, or hate speech, or otherwise using profane, abusive or discriminatory language, graphics or gesture (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or “chain letters”, (e) constitute an infringement of intellectual property or other proprietary rights, (f) any communications or materials (including without limitation, commercial, business, personal, charitable or otherwise, etc. in whatever format or manner) not previously authorised or approved by HKL on the App, (g) any alcohol-related, drug-related, food-related, dating or other similar contents (including without limitation advertisement or commercials, etc.), or (h) otherwise violate applicable laws, ordinances or regulations in force from time to time in Hong Kong or elsewhere;

transfer Users’ account to anyone or permit or allow a Users’ account to be transferred to anyone or used by anyone in any way for whatever purposes and under any circumstances;

provide any false or fraudulent personal information and/or false or fraudulent contact details, or create any account for anyone other than the User himself/herself under any circumstances;

share the User’s password, if any, on the App with anyone else, or permit or allow anyone else to access the User’s account on the App, or do or permit or allow anything to be done that may directly or indirectly jeopardise the security of the User’s account on the App in any way under any circumstances;

collect any content or information (including without limitation those content or information related to HKL or other Users, etc.) from the App, or otherwise use or access App using any means, automated or otherwise, including without limitation harvesting bots, robots, spider, or scrapers, etc. under any circumstances;

upload, or permit or allow to be uploaded, any virus, malware, malicious software or code directly or indirectly to the App;

operate or develop, or permit or allowed to be operated or developed any application or software on the App not belonged to HKL;

solicit other Users’ personal data and contact details, or permit or allow the User’s own personal data and contact details to be solicited for the purpose of logging-in or accessing any account of the App;

directly or indirectly permit, allow, facilitate, aid, assist or encourage anyone else on or relating to the contravention, non-compliance, infringement or violations of these Terms and Conditions; and

directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the App or any software, documentation or data related to the App (“Software”); modify, translate, or create derivative works based on the App or any Software; use the App or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; infringes any copyright, trademark or other contractual, statutory or common law rights of the App and the Software; or overload the server of the App and/or the Software in any way.

Functions of the App

One of the main functions of the App is to provide a digital platform showcasing certain premises within the HKL Central portfolio available for lease from time to time (“HKL Premises”). Users may (a) access information about the HKL Premises, including but not limited to location, orientation, floor area, rent, charges, rates, availability, floor plans, view, condition, Photographs (as defined below), 3D Renderings (as defined below) and Virtual Tour (as defined below); and (b) introduce prospective tenants to HKL (“Prospective Tenants”).

Certain functions of the App may be subject to the specific terms and conditions as specified for the purposes of such functions. By continuing to access, log in or use the App, the User signifies the acceptance of such terms and conditions. HKL may modify such terms and conditions as it sees fit from time to time without any prior notice.

The User’s access to each function of the App may be terminated (a) upon a User ceases to be an eligible User under item 1 above, or (b) upon notification at any time by HKL to the User at HKL’s sole discretion. Notification of cessation may be indicated to the User by changing the User’s status on the specific functions such that the User is no longer able to access or log in, or by HKL separately notifying the User.

Content and Information on the App

The contents and/or information available on the App, including but not limited to location, orientation, floor area, rent, charges, rates, availability, floor plans, view, condition, Photographs, 3D Renderings and Virtual Tour of the HKL Premises are for general information and reference only. Information on HKL Premises contained within the App may not be accurate, complete or up-to-date at any given time, and may be subject to governmental approval, changes or withdrawal without notice. The surrounding areas and environment may change in future. The contents and/or information on this App do not constitute, or constitute part of, an offer or contract. No warranty or representation (express or implied), whether in writing, orally, by conduct or otherwise, has been or is given by HKL as to the completeness and accuracy of the contents and/or information contained in this App, and HKL disclaims all responsibility and liability including without limitation, direct, indirect, punitive or consequential loss or damage of any nature whatsoever or any loss of profits or revenues, loss of business, loss of opportunity for business or claims of customers suffered or incurred by the User arising from or incidental to or in reliance upon any content and/or information on this App. All Users must and must advise Prospective Tenants to undertake their own enquiries and conduct an on-site visit / inspection themselves for a better understanding of the relevant HKL Premises. HKL has the right to amend the contents and/or information on the App at any time without any prior notice.

Please note that there is no standardised definition for description of floor area for commercial properties in Hong Kong. On this App, floor area is presented on a “Net” area basis and is an estimation for reference only. Users must and must advise Prospective Tenants to inspect the HKL Premises and take measurements themselves and/or seek professional advice regarding the floor area information mentioned in this App.

Without limiting the generality at items 9 and 10 above,
1. Virtual Tours
1. Photographs
  
  The photographs on the App (“Photographs”) show only certain parts of the HKL Premises as they appeared at the time the photographs were taken. Areas, measurements and distances given are approximate only. Any computer-generated image gives only an indication as to how a particular HKL Premises may look and this may change at any time. The surrounding areas and environment may change in future. Drawings or sketches shown in the App are not drawn to scale and/or may have been edited and processed with computerized imaging techniques.
2. 3D Rendering
  
  To help Users and Prospective Tenants visualise how a particular HKL Premises may look when furnished, 3D rendering is available for view on the App for certain HKL Premises (“3D Rendering”). Such 3D Renderings are conceptual and for reference only. HKL does not represent or warrant that the 3D Renderings are compliant of any rules and regulations relating to and/or applicable to the HKL Premises from time to time. When showing the 3D Renderings to Prospective Tenants, Users should caution Prospective Tenants that they are for reference only and HKL does not represent or warrant that it will approve any part or all of the designs as presented in the 3D Renderings when the relevant HKL Premises is leased to a tenant.

Introduction of Prospective Tenants by Users

Users may download, copy and/or forward content and information on HKL Premises available on the App for the sole purpose of sharing with Prospective Tenants who are interested in leasing any of the HKL Premises. When sharing such information with Prospective Tenants, Users may not alter the content and information available on the App. No right, title or interest in any content or information on the App is transferred to User as a result of any such downloading, copying and/or forwarding.

Users may introduce Prospective Tenants to HKL via the App. When introducing Prospective Tenants to HKL, Users are required to provide certain information of the Prospective Tenants to HKL, which may include personal data of Prospective Tenants (“Prospective Tenant’s Information”). Users represent and warrant that they have obtained express consent from Prospective Tenants to share such information with HKL.

In the event where a Prospective Tenant is introduced by more than one User to HKL at any given period, HKL will either (i) contact such Prospective Tenant directly to confirm as to which User they have appointed to represent them in the negotiation and/or inspection process in relation to any HKL Premises; or (ii) request Users to provide appointment letter from Prospective Tenant evidencing its appointment. Users represent and warrant that all Prospective Tenants introduced by them have consented to HKL’s use of Prospective Tenant’s Information for the purpose stated in this item.

Users agree to indemnify HKL and hold HKL harmless from and against all losses, claims, demands, proceedings, damages, penalties, costs and expenses (including legal costs on a fully indemnity basis) caused by HKL’s access to and use of Prospective Tenant’s Information as provided by the Users.

Unless otherwise confirmed by HKL in writing, no activity and/or transaction in relation to the HKL Premises will be subject to commission or agency fee to the Users. For the avoidance of doubt, nothing in this App, including but not limited to any transaction status as shown on this App, shall give rise to an obligation on HKL to pay any commission or agency fee to the Users.

General Disclaimer and Exclusion of Liability

The App is available to mobile devices running Apple iOS and Android OS operating systems. HKL will use reasonable efforts to enable availability of App at all times. The Users acknowledge that functions and features of the App will only be available when the Users’ mobile device is connected to the Internet, mobile networks and/or WiFi network. Accordingly, the quality and availability of the App may be affected by factors outside HKL’s control.

HKL and its officers, employees, agents, contractors or sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download, upload or access content or any other communication system failure which may result in the App being unavailable.

HKL will not be responsible for any support or maintenance of the App in respect of the User’s own mobile device.

In no event shall HKL, its officers, employees, agents, contractors or sub-contractors be responsible to any User or any other person for any direct, indirect, incidental, special, punitive, exemplary or consequential loss or damage whatsoever arising out of Users’ use or access to or inability to use the App (including without limitation unauthorised access using Users’ username and password or transmission of content or any transactions entered into through the App, etc.).

HKL shall not be liable to Users for any damage or alteration to Users’ electronic equipment including but not limited to computer equipment, mobile device or iPad or tablet as a result of the installation or use of the App.

Whilst HKL takes reasonable precaution to ensure that the App are free from computer viruses or other harmful elements, HKL expressly disclaims any liability for any loss or damage caused as a result of such computer viruses or other harmful elements.

Where the App provides links to third party website, these are provided solely as a convenience to Users, and they are not affiliated to HKL. Such websites shall not in any way be regarded as an endorsement of any kind by HKL approving the contents thereon. If Users access any linked third party websites, Users do so entirely at Users’ own risk. HKL neither takes any responsibility for nor makes any representations, warranties or undertakings (whether express or implied) as to their availability and the contents contained in third party websites. Any questions or comments relating to such third party websites shall be addressed to the operators or owners of those websites.

HKL does not guarantee uninterrupted, continuous and/or secure access to the App. Part of the App may be unexpectedly unavailable for whatever duration and for whatever reasons that may include but not limited to system malfunctions and disruptions, Internet access downtime and other technical problems beyond HKL’s control for which HKL cannot and shall not be held responsible. The Users agree that their use of the App is at their own risk and that the Users will not hold HKL responsible for any damage or loss caused by the Users’ inability to use the App for any reason whatsoever. HKL reserves the right to take any part or the whole of the App offline with or without notice for reasons including but not limited to system maintenance or upgrading.

Although HKL will use its reasonable endeavours to restrict access to the database of the Users’ personal data only to HKL’s personnel and/or its affiliates, HKL does not guarantee that other parties will not, without HKL’s and/or its affiliates’ consent, gain access to such database. For HKL’s policies regarding the usage and protection of personal data provided by any User of the App, please refer to “HKL Privacy Policy and Personal Information Collection Statements”.

HKL does not warrant or represent (express or implied) that the App is suitable for the purpose intended by the Users or the operation, condition, quality, performance, accuracy of the App, or the fitness of the App for any particular purpose, availability or non-infringement of any parties’ rights, and/or free of any errors, server functions, viruses, bugs or any other codes or components that may directly or indirectly be harmful to any systems or devices. HKL will not be responsible for any damage to any systems or devices or loss of data directly or indirectly related to the downloading, use or accessing the App. Each User acknowledges that by indicating during registration that the User has read and agreed to these Terms and Conditions, the User agreed that he/she is not relying on any assurance, promise, representation, warranty or undertaking (whether or not in writing) given, made or implied by HKL or any other person acting on behalf of HKL. If any such assurance, promise, representation, warranty or undertaking (whether or not in writing) has ever been given, made or implied at any time, on the eligible registering the App, the User irrevocably waive all remedies that may otherwise be available for the same.

HKL will not be liable for any liabilities, claims, demands, proceedings, damages (actual or consequential), losses, costs and expenses of every kind and nature, know or unknown, suspected or unsuspected, disclosed or undisclosed, whether arising in contract, tort (including negligence) or otherwise whatsoever or howsoever caused, now or in the future, arising directly or indirectly out of or from or incidental to the Users’ use of the App or the use of third party’s websites’ service(s), HKL’s decision or resolution of any dispute, and/or any acceptance, registration, utilisation, services and interactions on the App, or dealings with any of the third party’s websites, any content or information listed on the App, and/or any technical failure of the Internet, server and/or the App, interference with other applications, software or programmes in any devices. In the event that a User is in dispute with one or more other Users and/or Prospective Tenants in relation to any aspects of the App, the User releases HKL and its agents and employees from all liabilities, claims, demands and damages (actual and consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed), arising out of or in any way connected with the disputes.

HKL does not hold responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of or unauthorised access, or lost or delay of the App, whether or not arising during operation or transmission, as a result of errors, server functions, viruses, bugs or any other causes.

Users agree to indemnify HKL against all loss, damage, liability, costs and expenses (including legal costs on a full indemnity basis) that may be incurred or suffered by HKL in respect of any claim arising from User’s breach of any of these Terms and Conditions.

The contents and information stated on the App do not create any relationship with the User and/or the Prospective Tenants, whether legal, equitable, contractual or otherwise, and they do not constitute, or constitute part of, any invitation to treat, offer or contract.

Suspension and Termination

HKL reserves the right to remove any content or information any User posts, process, store, display, transmit or otherwise distribute on the App if in HKL’s sole discretion considers necessary to do so at any time without notice to anyone and without incurring liability to any User or anyone.

HKL reserves all rights to suspend or terminate any User’s use of the App or to delete or disable that User’s account (whether temporarily or permanently) at any time at HKL’s sole and absolute discretion without notice to anyone and without incurring liability to any User, or if HKL believes the User may have or has breached any of these Terms and Conditions, or if any information provided by the User is false or unable to be verified or authenticated, or otherwise action and/or information provided by the User creates risks or adverse exposure (including without limitation, legal, financial, reputational, technical or otherwise etc.) to HKL or any person or entity, or if the information provided does not comply with these Terms and Conditions. In the event of any dispute, the decision as to whether any User has violated these Terms and Conditions or engaged in inappropriate behaviour remains within HKL’s sole discretion and its decision shall be final and binding on all parties concerned.

HKL reserves all rights to suspend or terminate the App at any time at HKL’s sole and absolute discretion without notice to anyone and without incurring liability to any User or anyone. No compensation whatever is payable to any User or any person or entity in respect of such suspension or termination. When HKL exercises its right of suspension or termination, the rights and licenses granted to Users shall forthwith terminate and Users must forthwith cease any use of the App.

General

HKL reserves the right to amend these Terms and Conditions at any time at HKL’s sole and absolute discretion without notice to anyone and without incurring liability to any User or anyone. All questions or disputes shall be resolved by HKL in its absolute discretion. In the event of any dispute, the decision of HKL shall be final. The decision of HKL on all matters relating to, or in connection with, the App shall be final and binding on all parties concerned.

In future, if the Users would like to update or change any of their personal data or any information they submitted on the App, or if the Users do not wish to receive any promotional materials from Hongkong Land, please send the request through any one of the following channels:
E-mail: hklbroker@hkland.com
Address: 8/F, One Exchange Square, Central, Hong Kong

Intellectual Property

HKL is not responsible for any errors or omissions contained in the App and reserves the right to make changes without notice. HKL believes all information given to be reliable but the accuracy is not warranted or guaranteed. HKL is not liable in any event for any damages whatever arising out of or related to the App or the information contained in it.

Except for the sole purpose as stated in item 12 above, Users may not distribute, modify, transmit, reuse, re-post, or use the content of the App for public or commercial purposes without HKL's written permission. Users may download materials displayed on the App for non-commercial or personal use only, provided Users do not remove or modify any copyright and other proprietary notices contained in these materials. Nothing contained in the App should be construed as granting a licence or right to use any of HKL's intellectual property rights displayed in the App without the written permission of HKL.

The App may contain materials in which third parties have proprietary rights, including without limitation logos or brand names which are the trade marks of third parties, etc. HKL grants no licence regarding their use and disclaims any liability with regard to infringement of such third party rights.

At various points, Users may be offered automatic links to other Internet sites relevant to a particular aspect of the App. This does not indicate that HKL or affiliates are necessarily associated with any of these other sites or their owners. While it is the intention of HKL that Users should find these other sites of interest, neither HKL, nor its or its affiliates, officers, employees and agents have any responsibility or liability of any nature whatever for these other sites or any information contained in them, none of which have been verified or endorsed by HKL or its affiliates.

The App, including but not limited to information, data, text, content, logos, photographs, images, video, audio, graphics and button icons is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws. The App is protected as a collective work or compilation and all individual articles, columns and other elements making up the App are also copyrighted works. Users agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the App.

Users may not use the App for any illegal purpose or in any manner inconsistent with these Terms and Conditions. Users agree to share information and content in the App solely for the purpose as stated in item 12 above and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Users acknowledge that the App has been developed, compiled, prepared, revised, selected and arranged by HKL through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets. Users agree to protect HKL’s proprietary rights and to comply with all HKL’s reasonable written requests to protect HKL’s contractual, statutory and common law rights in the App. Users agree to notify us in writing promptly upon becoming aware of any unauthorized access or use of the App by any party or of any claim that the App infringes upon any copyright, trade mark or other contractual, statutory or common law rights.

Users may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the App. Except for the sole purpose as stated in item 12 above, the materials, analysis and presentation included in the App may not be recirculated, redistributed or published by Users without HKL’s prior written consent. Modification of the App's content would be a violation of HKL’s copyright and other proprietary rights. Additionally, Users may not offer any part of the App for sale, transmit or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without HKL’s prior written consent. The App and the information contained therein may not be used to construct a database of any kind. The content of the App may not be copied or otherwise incorporated into or stored in any other App, electronic retrieval system, publication or other work in any forms (whether hard copy, electronic or other), nor may the service be stored (in its entirety or in any part) in databases for access by Users or any third party or to distribute any database services containing all or part of the App. Users may not use the App in any way to improve the quality of any data sold or contributed by Users to any third party. Furthermore, Users may not use any of HKL’s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with Users or are used with HKL’s consent, and Users acknowledge that Users have no ownership rights in and to any of these names and marks. Users will not use the App or the information contained therein in unsolicited mailings or spam material. Users will not use any of HKL’s trademarks, trade names or service marks in unsolicited mailings or spam material. Users will not spam or send unsolicited mailings to any person or entity using the App. Users agree to comply with any other applicable terms and conditions of use set forth in the App.

Users acquire absolutely no rights or licences in or to the App and materials contained within the App other than the limited right to utilise the App in accordance with these Terms and Conditions. Should Users choose to download content from the App, Users must do so in accordance with these Terms and Conditions. Such download is licensed to Users ONLY for Users’ own use in accordance with these Terms and Conditions and does not transfer any other rights to Users.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, trade names, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the App (the "Intellectual Property Rights") shall at all times be and remain HKL’s sole and exclusive property. All present and future rights in and title to the App (including the right to exploit the App and any portions of the App over any present or future technology) are reserved for HKL’s exclusive use. Except as specifically permitted by these Terms and Conditions, Users may not copy or make any use of the App or any portion thereof. Except as specifically permitted herein, Users shall not use the Intellectual Property Rights or the App, or the names of any individual participant in, or contributor to, the App, or any variations or derivatives thereof, for any purpose, without HKL’s prior written consent.

Personal Data Collection

HKL Privacy Policy and Personal Information Collection Statements

HKL is committed to safeguarding Users’ privacy online. Please read the following policy and statement to understand how Users’ personal information will be collected and treated as Users make full use of the App. This policy and statement may change from time to time so please check back periodically.

What personal information does HKL collect?

HKL collects and stores information in several ways from different parts of HKL's network of apps and websites. Some personal information is gathered when Users register. During registration, HKL asks for Users’ real personal data and contact details. In addition to registration, HKL may ask Users for personal information, including but not limited to copies of User’s Estate Agents Authority licence for verification and identification purposes, or when Users use any other service which may be accessed through other the App and/or HKL’s website from time to time. HKL also occasionally asks Users to complete surveys that HKL uses for research purposes. In addition, we intend to use the personal information collected for our analysis and analytics purposes, including but without limitation, to demographics, behaviour, user experience, preferences, habits and survey data. We may share the aggregate and anonymised analysed data with other companies within the HKL group for improvement of productivity and/or effectiveness of the App, and for enhancement of user benefits.

As part of offering and providing customisable and personalised services, HKL may store and sometimes track information about Users.

Generally, HKL collects personal information to: 1. Remind HKL of who Users are and to access Users’ account information (stored on HKL's computers) in order to deliver to Users a better and more personalised service. 2. Estimate the App’s audience size. 3. Track Users’ activities on the App. 4. Contact Prospective Tenants for the purpose stated in item 14 above.

When Users uses the App, HKL will collect the following information for the purposes described below:-

Device information: HKL collect certain information about Users’ mobile device which, including without limitation, equipment identifier, device type/manufacturer, operating system type and version, network type, for facilitating Users’ experience of the App in different locations, devices, connectivity and situation and for improvement of the App.

SD card contents: HKL will access the SD card contents (if any) to modify or delete the contents stored in the SD card related to the App so as to enable the operation of the App.

Search records and usage history: When Users use the App, HKL will collect Users’ search records and usage history for analytical purposes to improve the App as well as HKL’s products and services, and to enhance user benefits. HKL will also use these data for showing specific in-app content on the App and sending in-app notifications and/or push notifications to Users’ mobile device of the latest news and notices from HKL, which are relevant to Users based on Users’ search records and usage history.

HKL may use the information collected for one or more of the following purposes:-
1. for monitoring the App and operations and for further development and improvement;
2. for HKL's own operational, marketing, research, promotional and customer relationship management purposes, compiling statistics and analysis and analytics purposes, conducting customer surveys and marketing activities;
3. for responding to Users by email, mail, fax, phone or other means in respect of Users’ enquiry or comment previously communicated to HKL;
4. for contacting Prospective Tenants for the purpose as stated in item 14 above;
5. for any other incidental or associated purposes relating to the above and any other purpose which a User may from time to time agree; and/or
6. other purposes directly related to the purposes specified above.
HKL will not use, share, sell or rent Users and/or Prospective Tenants’ personal data provided to HKL in ways unrelated to the purposes aforementioned.

With whom does HKL share information?

As a general rule, HKL will not disclose any of Users’ personal information outside HKL and HKL's service providers ("Third Party Service Providers") except when HKL has Users’ permission or under special circumstances, such as when HKL believes in good faith that the law requires it or under the circumstances described below. These Third Party Service Providers are under a duty of confidentiality to HKL and they are only allowed to use Users’ personal information in connection with the purposes specified in this policy and statement.

Any questions, comments, suggestions or information other than personal data sent or posted to HKL by Users will be deemed voluntarily provided to HKL on a non-confidential and non-proprietary basis. HKL reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company, for example in connection with the development, marketing products and services and to meet Users’ needs.

HKL may also disclose account information in special cases when HKL has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating these Terms and Conditions or may be causing injury to or interference with (either intentionally or unintentionally) the rights, property or safety of HKL, visitors to HKL's network of apps and websites, or anyone else that could be harmed by such activities. HKL may disclose or access account information when competent authorities require it.

What are the choices regarding collection, use, and distribution of personal information?

HKL intends to use Users’ personal data in direct marketing for the purposes as set out in this policy and the separate Personal Information Collection Consent Statement in the App, but HKL may not do so unless HKL has received Users’ valid consent for such intended use. If Users indicated upon registration that Users consent to receiving updates or information from HKL, etc., HKL may occasionally send Users information that HKL feels may be of interest to Users. If Users do not wish to receive any materials from HKL, please feel free to let HKL know by contacting HKL via the contact information provided in these Terms and Conditions.

Confidentiality

Personal information held by HKL relating to Users and Prospective Tenants will be kept confidential in accordance with these Terms and Conditions. All reasonable efforts are made to ensure that any personal information held by HKL is stored in a secure and safe place, and accessed only by HKL's authorised employees or authorised Third Party Service Providers, or by utilising appropriate security protocols for authentication and authorisation which are in line with the type of storage medium and the technology requirements at the material time. HKL will keep Users and Prospective Tenants’ personal data for as long as necessary to fulfil the purpose for which the data was collected. Personal data which is no longer required will be destroyed as soon as practicable.

Right to Access, Correct or Delete Personal Information

Under the Personal Data (Privacy) Ordinance (Cap.486), Users have the right of access to Users’ personal information held by HKL and to request correction or deletion of Users’ personal information. If Users wish to exercise these rights or if Users have any questions on HKL's privacy policy and procedure, please write to HKL’s Data Protection Officer at 8th Floor, One Exchange Square, Central, Hong Kong. HKL reserves the right to charge Users a reasonable fee for the processing of any data access or correction request.

Amendments

HKL may amend or update these Terms and Conditions from time to time and all information will be governed by HKL's most recent Terms and Conditions.

Governing Law

These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region (“HKSAR”) and shall be subject to non-exclusive jurisdiction of the courts of HKSAR.

Miscellaneous

HKL is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under these Terms and Conditions and the App on such terms and conditions as HKL may at its sole discretion think fit at any time without any prior notice to the Users.

The right to interpret these Terms and Conditions is vested in HKL. All questions or disputes shall be resolved by HKL in its absolute discretion. In the event of any dispute, the decision of HKL shall be final and binding on all parties concerned.

These Terms and Conditions are written in English. In case of discrepancies between the English version and any translation of these Terms and Conditions, the English version prevails.

These Terms and Conditions and any provisions or documents expressly referred to in these Terms and Conditions constitute the entire agreement between HKL and a User of the App and supersede all previous discussions, correspondence, negotiations, arrangement, understanding or agreement between HKL and a User of the App relating to the subject matter.