www.hongkong propertyopportunities.com (“Website”) is a website operated by Citylife Asian Properties HK Limited (“CAP”, “We” or “Us”). We are registered in Hong Kong and have our registered office at Suite 22A, Loyang Court Commercial Building, 212-220 Lockhart Road, Wanchai, Hong Kong. This Website is directed to and may only be accessed by persons who have the necessary standing in their relevant jurisdiction (being for example persons who are accredited, professional, sophisticated and/or qualified investors only, as defined in the relevant jurisdiction) including professional investors as defined in Part 1 of Schedule 1 to the Securities and Futures Ordinance (Cap. 571 of the laws of Hong Kong) and Section 3 of the Securities and Futures (Professional Investor) Rules (Cap. 571D of the laws of Hong Kong) (collectively “Professional Investors”). The services we offer are not available to persons residing in Hong Kong other than Professional Investors. This Website, the content and any Material (as that term is defined in these Terms) are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where use of the Website (or the purchase or sale of the related products and/or services) would be contrary to applicable law or regulation or would be subject to any registration or licensing requirement (including the licensing conditions imposed thereto) in such jurisdiction. Persons who wish to access the Website are required to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access the Website or to invest in property syndicates. Professional advice should be sought from a financial or other professional adviser regarding the suitability of the product and/or service. Only “Professional Investors” as defined in our Material may subscribe for shares in our syndicates. Further, “Professional Investors” must meet the requirements as defined in the Securities and Futures (Professional Investor) Rules (Chapter 571D) of Hong Kong. Before purchasing an interest in the syndication or property or shares or any other investment or regulated product and/or services, potential investors are requested to refer to relevant offering materials to determine if they satisfy the requirements of a Professional Investor.
TERMS AND CONDITIONS
GENERAL TERMS & CONDITIONS
We may update and change our Website from time to time to reflect changes to our products and services, our users’; needs, our business priorities and/or the commercial or regulatory environment. The Terms were most recently updated on 12 February 2019. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of the Terms and that they comply with them. Accordingly, you acknowledge and agree that: the Terms may be amended or updated from time to time without notice to you and you shall be deemed to accept the amendments to these Terms by your continued use of this Website; your use of this Website is subject to system upgrades, technical defects or interruptions which may occur from time to time, and We make no representation, express or implied, that the Website, or the content on it, is free from any computer viruses or will always be available or be uninterrupted; your use of the Website may affect your electronic systems and access to the internet or a network connection; We may amend, suspend, terminate (temporarily or permanently) or restrict the availability of all or any part of the Website or the services provided under it, from time to time without providing notice in advance to you. your use of the Website and the services provided under it is entirely at your own risk; and a cookie (i.e. a small data file that certain websites may send to your address when you visit them) can be enabled in some parts of this Website. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refusing them whenever your browser alerts you to their presence. You can also refuse all cookies by disabling them in your browser.
In respect of all material, information and documents supplied to you at any time (including all plans and specifications) (the “Material”), neither We nor any of our affiliates, representatives, officers, employees or advisers: has made or will make any representation or warranty as to the accuracy or completeness of the Material or that the Material is the information you may require or expect to find in respect of the subject matter or to make a fully informed decision on any course of action; all plans and specifications provided to you are provided on an “as-is” basis as a guide only and are subject to variations, modifications and amendments as required by relevant authorities, developers and/or architects; accept or will accept any responsibility for any interpretation, opinion or conclusion that you may form as a result of examining the Material; accept or will accept any responsibility to inform you of any matter arising or coming to our attention which may affect or qualify any Material which We provide to you; or will be liable for any loss of any kind (including but not limited to damages, costs, interest, loss of profits or special loss or damage, either direct or indirect/consequential) arising out of or in connection with any error, inaccuracy, incompleteness or similar defect in the Material or any default, negligence or lack of care in relation to the preparation or provision of the Material.
The content on our Website is for general information purposes only. You should be aware that investment in property may involve risks and the value of the property and associated rental yields may go down as well as up. The property market is volatile and property prices may fluctuate widely. It is your responsibility to instruct your respective financial advisers and solicitors to undertake due diligence and provide you with adequate and satisfactory advice before you elect to proceed with any property related transaction.
The Website and Material are provided for information purposes only and do not constitute a solicitation or offer, or advice or recommendation, to buy or sell interests in any securities, collective investment schemes, structured products or any other investment or regulated product, to effect any transactions, or to conclude any transaction of any kind whatsoever. None of the information presented on the Website or in the Material is intended to form the basis for any offer or recommendation, or have any regard to the investment objectives, financial situation or needs of any specific person. Potential investors should read the terms and conditions in the relevant Material carefully and take into account the prevailing and projected market conditions and your financial circumstances and risk appetite before any investment decision.
LIMITATION OF LIABILITY
Except as otherwise stated in these Terms and to the extent permitted by law, We and our affiliates are not liable to you or any third party for any loss, liability and/or other associated cost or expense you suffer or incur arising out of or in connection with any of our acts or omissions, which are done negligently, or deliberately with intent to cause loss, liability or expense or recklessly and with actual knowledge that such loss, liability or expense would probably result. We shall not be liable to you or any third party (whether in contact, tort (including negligence), breach of statutory duty or otherwise) for any loss you may suffer or incur arising out of or in connection with your use of the Website, including in respect of any loss of profit, production, data, goodwill or business opportunities or anticipated savings or benefits or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or that party was aware of the possibility of that loss or damage arising. You may not bring proceedings against Us (or our affiliates, directors, officers, employees, contractors or agents) more than two years after the cause of action (whether in contract, tort (including negligence), breach of statutory duty, contribution, or otherwise) arises. No provision of these Terms shall exclude or limit our liability for any death or personal injury caused by our negligent or for fraudulent act or omission or in respect of any other liability, which cannot be excluded or restricted by law. Your rights and remedies provided in these Terms are to the exclusion of all other rights and remedies at law.
If an agent of ours provides information to you, you acknowledge as a condition of your receipt of that information, that We make no representation, warranty, condition (either express or implied) as to the content, quality or veracity of such information.
THIRD PARTY LINKS
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information and reference only. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and hence We are not responsible for any of their content, whether to you or anyone else.
We will only use your personal data as set out in our Policy.
The notices set out in this Privacy Notice apply to the processing of your personal data by Citylife Asian Property HK Limited and/or Citylife International Realty Limited as applicable (“we”, “us” or “CAP”), and are designed to inform you about this processing and your related rights according to the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“HK Ordinance”) and Regulation (EU) 2016/679 (General Data Protection Regulation) (“GDPR”). CAP is committed to protecting the privacy, confidentiality and security of the personal data we hold by complying with the requirements of the HK Ordinance with respect to the management of personal information. We are equally committed to ensuring that all our employees and agents uphold these obligations. In the case of CAP’s Hong Kong business operations, CAP will provide individuals with a Personal Information Collection Statement ( PICS“) on or before the collection of any personal data in an appropriate format and manner.
KINDS OF PERSONAL DATA
In this policy, “personal data” means data, whether true or not, about an individual who can be identified from that data alone or from that data used in conjunction with other information to which CAP has or is likely to have access. We may process the following categories of personal data: Identity data – first name, last name, date of birth, gender, identity number(s), nationality and place of birth Contact information – postal address, e-mail address and phone number(s) Financial data – bank account details and other income related information contained in tax statements and declarations, salary statements and asset valuations We do not collect any sensitive data about you, such as relating to your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sex life or sexual orientation, or data relating to criminal offences or proceedings.
HOW WE USE YOUR PERSONAL DATA
CAP hold your personal data for the following purposes: Facilitating the provision of information to you about us, including the range of property services and related activities of CAP and its affiliated companies Sending you marketing information about our services Replying to requests received by emails and online forms and to store this information for statistical purposes Liaising with our service providers (including professional advisers, agents, introducers, lawyers) in connection with property services provided to you Verifying your identity Confirming payment details with banks or credit card companies Liaising with government and regulatory authorities as required by law Protecting and defending the rights of CAP or other third parties, or to enforce this Privacy Notice Conducting other activities as required by law Any other purposes for which you have provided the information Where we use your personal data to provide you with information or services which you have requested, we do so on the basis of our legitimate interests in fulfilling your request. Where we use your personal data to send you marketing information which you have not directly requested, we will do so only on the basis of your express consent.
HOW WE COLLECT PERSONAL DATA
WHO CAN WE DISCLOSE YOUR PERSONAL DATA TO?
CAP uses the below specified third parties services to process your personal data for the purposes described in this policy. We may also share your personal data with our affiliated companies, third parties and as otherwise required by law, including with the following entities: Asian Property Services Limited, Citylife Asian Property HK Limited, Citylife International Realty Limited, Providers of screening tools for Anti-Money Laundering or Combating the Financing of Terrorism purposes (e.g. Thomson Reuters World-Check) Applicable Regulators (e.g. Monetary Authority of Singapore or the Hong Kong Securities and Futures Commission) Professional service providers (e.g. legal and regulatory compliance advisors) Cloud storage providers (e.g. Box or Microsoft) CAP’s internal IT systems are developed and maintained by third-party service providers. CAP takes appropriate steps to ensure the personal data accessed by such third party service providers is protected against loss, unauthorised access, use, modification or disclosure.
Your personal data may be transferred and stored in Hong Kong, Singapore and certain other jurisdictions outside the European Economic Area (“EEA”). There are no adequacy decisions that exist by which the European Union has determined that these territories ensure an adequate level of protection. The data transfer is based on appropriate safeguards in the form of standard contractual clauses.
HOW LONG DO WE KEEP HOLD OF YOUR INFORMATION?
CAP retains your personal data for so long as is necessary to achieve the purpose for which it was collected, based on our business needs or as required by law. To determine the appropriate retention period for personal data, we consider: The amount, nature and sensitivity of the data The potential risk of harm from unauthorised use or disclosure of your personal data The purposes for which we process your personal data and whether these purposes can be achieved through other means Applicable regulatory, tax, accounting or other requirements Personal data which will no longer be held by CAP will be destroyed or anonymised such that it can no longer be used identify you.
Unfortunately, the transmission of personal data via the internet is not completely secure. Although CAP will do its best to protect your personal data, we cannot guarantee the security of the information while being transmitted to us. Accordingly, please note that any transmission of your personal data is at your own risk.
HOW WILL CAP NOTIFY YOU OF CHANGES?
ACCESS TO AND CORRECTION OF YOUR PERSONAL DATA AND WITHDRAWING CONSENT
You may contact us at any time with a formless notification to exercise your data subject rights, including under GDPR. These rights include: The right to receive information about the data processing and a copy of the processed data (right to access, Art. 15 GDPR) The right to demand the rectification of inaccurate data or the completion of incomplete data (right to rectification, Art. 16 GDPR) The right to demand the erasure of personal data and, in case the personal data has been made public, the information towards other controllers about the request of erasure (right to erasure, Art. 17 GDPR) The right to demand the restriction of the data processing (right to restriction of processing, Art. 18 GDPR) The right to receive the personal data concerning the data subject in a structured, commonly used and machine-readable format and to request the transmittance of these data to another controller (right to data portability, Art. 20 GDPR) The right to object to the data processing in order to stop it (right to object, Art. 21 GDPR) The right to withdraw a given consent at any time to stop a data processing that is based on your consent. The withdrawal will not affect the lawfulness of the processing based on the consent before the withdrawal (right to withdraw consent, Art. 7 GDPR) The right to lodge a complaint with a supervisory authority if you consider the data processing to be an infringement of GDPR (right to lodge a complaint with a supervisory authority, Art. 77 GDPR) In the case of data subjects residing in Singapore or Hong Kong, you may exercise your data access rights (including in relation to access and correction) by contacting us. Please note that in the case of Hong Kong, CAP shall or may refuse to comply with a data access request in the circumstances specified in section 20 of the HK Ordinance. Further, when handling a data access or correction request, CAP will check the identity of the requester to ensure that he/she is the person legally entitled to make the data access or correction request. A Data Protection Log Book is maintained as required under section 27 of the HK Ordinance. Because of possible changes in law, a change of these privacy notices might become necessary. In this case, we will inform you about such changes. Insofar as the changes affect a processing which is based on your consent, we will ask you for a new consent, if necessary.
CAP’s services are not intended for children. Children must not use the services for any purpose. CAP will not knowingly allow anyone under 18 to register for CAP’s services or provide any personal data.