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Privacy Policy

Privacy Policy

A. Privacy Policy

It is the policy of NTT Com Asia Limited ("NTT Com Asia") to comply with, and where possible exceed, internationally recognized standards of personal data privacy protection, in complying with the requirements of the Personal Data (Privacy) Ordinance in Hong Kong. In doing so, NTT Com Asia will ensure compliance by our staff with the relevant standards of security and confidentiality.

1. REASONS FOR DATA COLLECTION

From time to time, you may be required to provide personal data and information to NTT Com Asia in order to use or subscribe (or continue to use or subscribe) to certain services or publication. Additional site use information may be gathered as you surf the Internet or otherwise use the services provided by NTT Com Asia. Personal data and information is gathered for the following main purposes:

(a) To subscribe to services, publication and support - for these purposes, personal data including, but not limited to name, address, contact information, identity card number, credit card details or other payment related information, as well as the services or support requested will be collected from you. This information is also used to provide you with product and service updates and similar notices in respect of the services provided by NTT Com Asia.

(b) To tailor services to your needs - information collected from NTT Com Asia's website may be used to compile aggregate statistics and carry out analysis in order to help us create content and navigation that is most relevant and user friendly to users.

(c) To maintain our system and for trouble shooting - when you surf the Internet, your activities and trails from site to site may be stored on our server's log files. This clicktrail information is collected for the purpose of system maintenance and trouble shooting.

(d) For marketing and promotional purposes, including contacting you directly to inform you of new services or opportunities.

2. DISCLOSURE OF INFORMATION COLLECTED

2.1 You acknowledge and authorize that all information supplied by you will be retained by NTT Com Asia and stored in one or more of our databases and may be accessed, disclosed, used or transferred to:

(a) persons you transact with through NTT Com Asia's website;

(b) any third party service providers who provide administrative, payment gateway, financing, professional or other services to NTT Com Asia;

(c) any banking, financial or other institution with which you have or propose to have dealings;

(d) any debt collection or credit reference agency or similar provider of debt collection or credit information services to NTT Com Asia or to the person or entity referred to in paragraph 2.1(e);

(e) any person or entity to whom NTT Com Asia transfers or proposes to transfer its interests and/or obligations under any contract, arrangement or transaction between NTT Com Asia and a user, or otherwise in respect of a user or any product or service provided to that user;

(f) any person by whom NTT Com Asia is required by applicable legal, governmental or regulatory requirements to make disclosure;

(g) its affiliates, any of its agents, contractors, other telecommunication network providers or third-party providers for the purposes of provisioning the services; and

(h) match other data collected from other sources with your personal data.

2.2 You further acknowledge that third parties to whom information supplied by you may be transferred in accordance with paragraph 2.1 may be situated outside Hong Kong.

3. USER PREFERENCES / OPT-OUT

NTT Com Asia provides users with the opportunity to opt-out of receiving unsolicited communications from NTT Com Asia. If at any point in the future you do not wish to receive any unsolicited communications from NTT Com Asia, simply contact our customer relations by email, phone or in writing and our customer relations will remove you from our contact list for the purposes of those communications.

4. COLLECTION OF INFORMATION USING 'COOKIES'

4.1 NTT Com Asia may use "cookies" to collect information on the usage of NTT Com Asia's website by users and to facilitate return visits. A "cookie" is a small piece of information sent by a web server to be stored on a web browser so it can later be read back from that browser.

4.2 You may disable the cookie feature on your browser without affecting your ability to navigate through NTT Com Asia's website. Cookies are, however, useful in allowing more streamlined log-in and in preserving information between sessions. Disabling cookies may require more complexity and data entry. You should also be aware that if you do disable cookies you may not be able to use certain features on NTT Com Asia's website.

5. SPAMMING

As a responsible corporate citizen, it is NTT Com Asia's policy to stop spam emails. Customers who receive unsolicited or "spam emails" are encouraged to report such incidents to NTT Com Asia. Complaints will be investigated. If the spam email originates from a NTT Com Asia account, NTT Com Asia will seek to terminate such account. If investigation reveals that the spam email originates from another service provider or host operator, NTT Com Asia shall use its reasonable endeavors to inform such service provider or host operator accordingly.

6. SECURITY

NTT Com Asia is concerned with the security of data collected and has put in place measures to prevent unauthorized access to that information. NTT Com Asia's systems safeguard electronic communications by utilizing appropriate security protocols. Notwithstanding the above, NTT Com Asia shall not in any event be responsible for any breach whatsoever of security or the unauthorised disclosure or use of any such data.

7. PERIOD OF RETENTION

Your personal information will be retained for a period necessary to attain the specified purpose.

8. UPDATES TO THE PRIVACY POLICY

NTT Com Asia is sensitive to users' privacy issues and recognizes the need to update this policy as new features and services are offered by NTT Com Asia and as the environment in which NTT Com Asia operates changes. Users can access our Privacy Policy on NTT Com Asia's website.

Whenever NTT Com Asia is legitimately requested by an individual, to access and/or to correct, their personal data which is held by NTT Com Asia, NTT Com Asia will provide and/or rectify the individuals data in the manner stated within the ordinance.

9. OTHER RIGHTS

Nothing in this Privacy Policy shall limit the rights of any person under the Personal Data (Privacy) Ordinance of Hong Kong. Your rights under the Personal Data (Privacy) Ordinance, include the right (a) to check whether we hold any of your personal information, (b) to have access to your information held by NTT Com Asia, (c) to request correction of your information, (d) to ascertain our policies and practices (from time to time) in relation to the information and the types of information held by us, (e) to disallow access or use of your information by NTT Com Asia, and be informed of action taken in response to any such request. NTT Com Asia reserves the right to charge a reasonable fee in relation to the time and attendance involved in complying with any request in this regard.

10. GUARANTEES AND LIMITS OF LIABILITY

Use of NTT Com Asia's official website is the responsibility of users and customers. NTT Com Asia assumes no responsibility whatsoever for any and all damages arising from the use of information taken from this website or from that of other companies that have placed links to their sites on this website.

11. CONTACT US

Any requests for access to data, correction of data or for information regarding practices and kinds of data held should be addressed to:

NTT Com Asia

6 Chun Kwong Street, Tseung Kwan O Industrial Estate, Tseung Kwan O, Hong Kong

Contact Us

B. Copyright Notice & Disclaimer

1. COPYRIGHT NOTICE

NTT Com Asia Limited ("Company") or other relevant parties own the trademarks, copyrights and other intellectual property rights (as the case may be) over all logos, information and other materials in whatever format contained in the website. They may not be used without prior consent of Company or other relevant parties.

All the Contents are protected by copyright. Any reproduction, modification, storage, copying, distribution, dissemination, publication or transmission of the Contents, in whole or in part, for any purpose without the prior consent of Company or other relevant parties is strictly prohibited.

2. DISCLAIMER

Use of this website is totally the responsibility of the user. Company assumes no responsibility whatsoever for any consequences arising from the use of any product(s), service(s), information or any other content(s) obtained from this website or from other third party's website linked to this website (collectively "Contents"). Company makes no declaration, guarantee, recognition or recommendation for any of the Contents.

Without limiting the generality of the foregoing, this website together with all the Contents are provided without warranty by Company of any kind either express or implied including, without limitation, implied terms or warranty as to accuracy, title, quality, merchantability or fitness for purpose.

In no event shall Company, its related and affiliated companies, their respective agents and representatives; suppliers or vendors who have a presence on this website be liable for any loss or injury or any direct, indirect, special, exemplary, consequential damages, or any damages whatsoever including but not limited to loss of use, data, revenue or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with any access, use of, or any inability to access or use this website.

Company, its related and affiliated corporations do not warrant that this website and/or the supply of the Contents will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs, nor does Company represent the functionality, accuracy, reliability of the Contents.

C. Acceptable Use Policy

As regards to access to NTT Com Asia Limited’s network (“Services”), NTT Com Asia Limited (“Company”) offers its customers (also known as “subscribers”), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Company respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Company reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Company has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Company’s Services. This AUP will be revised from time to time. A customer's use of Company’s Services after changes to the AUP are posted on Company’s website www.ntt.com.hk, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Company cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some materials posted to the Internet is sexually explicit or otherwise offensive. Because Company cannot monitor or censor the Internet, and will not attempt to do so, Company cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Company does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Company’s network and may reach a large number of people, including both subscribers and non subscribers of Company, subscribers‘ postings to the Internet may affect other subscribers and may harm Company’s goodwill, business reputation, and operations. For these reasons, subscribers violate Company’s policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming --Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Company, but also because it can overload Company’s network and disrupt service to Company’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Company has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations --Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Company may remove or block access to customer’s content upon receipt of a proper notice of copyright infringement. It is Company’s policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Company’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. In certain jurisdictions, Company’s affiliate is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Company’s network.

Defamatory or Abusive Language --Using Company’s network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -Distributing

information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Export Control Violations – Exporting encryption software over the Internet or otherwise, to points outside the subscriber's country which is contrary to that respective country’s rules and regulations.

Usenet Groups --Company reserves the right not to accept postings from newsgroups where Company has actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Company determines to be harmful to its subscribers, operations, reputation, goodwill, or subscriber relations. network, system, service, or equipment.

As Company has pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Company will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Company’s policy or applicable laws. When Company becomes aware of harmful activities, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Company also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Company’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Company does not require its subscribers who offer Internet services to monitor or censor transmissions or websites created by customers of its subscribers. Company has the right to directly take action against a customer of a subscriber. Also, Company may take action against the Company’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Company anticipates that subscribers who offer Internet services will cooperate with Company in any corrective or preventive action that Company deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Company’s policy.

Company also is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Company urges its subscribers to assume that all of their on-line communications are insecure. Company cannot take any responsibility for the security of information transmitted over Company’s facilities.

Company will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by laws, governmental authority, or when public safety is at stake. Company may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Company may disclose information, including but not limited to, information concerning a subscriber, a transmission made using the network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Company assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice.

Finally, Company may disclose subscriber information or information transmitted over its network where necessary to protect Company and others from harm, or where such disclosure is necessary to the proper operation of the system.

Company expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Company’s policy. Finally, Company wishes to emphasize that in signing the service agreement, subscribers indemnify Company for any violation of the service agreement, laws, or Company’s policy, that results in loss to Company or the bringing of any claim against Company by any third-party. This means that if Company is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Company, plus costs and reasonable attorneys' fees.

This AUP helps in clarifying the obligations of Internet users, including Company and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP please contact us.

Last updated 20 September 2007