USER AGREEMENT
1.
INTRODUCTION
1.
Purpose
The mission of AIMPACT is to connect
the world¡¦s professionals, in particular for the banking and finance
participants and those who are seeking financial and human resources for their
businesses, to enable them to
be more efficient
and productive. To achieve this purpose, we provide services through our website, mobile applications, regular and ad hoc events,
and other useful and innovative online tools and functions to help you, your connections, and
millions of other professionals maintain a closer relationship, meet, exchange ideas, learn, make
deals, find business and job opportunities, recruit
talents, and enhance personal and corporate image.
2.
Scope and Intent
You agree that by registering on AIMPACT,
or by using our website, inter alia, our online
and mobile applications, free and paid services, and other information provided as part of the AIMPACT
services (collectively the ¡§Services¡¨), you are entering into a legally binding
agreement with AIMPACT Limited, Level 8,
88 Gloucester Road, Wan Chai, Hong Kong (¡§we¡¨, ¡§us¡¨, ¡§our¡¨, and ¡§AIMPACT¡¨) based on the terms of this User Agreement and our Privacy Policy, (collectively
referred to as the ¡§Agreement¡¨ or ¡§User Agreement¡¨) and become an AIMPACT user in the form of either registered or unregistered
user (¡§AIMPACT User¡¨ or ¡§User¡¨).
If you do not want to register an
account and become an AIMPACT User, do not conclude the Agreement, do NOT click ¡§Register
an AIMPACT account¡¨ or ¡§Join
AIMPACT¡¨ or ¡§Join
Now¡¨ or button(s) with similar wordings (collectively referred to as ¡§Join
Buttons¡¨), and do not
access, view, download or otherwise use any AIMPACT¡¦s webpage, information or services. By clicking Join
Buttons, you acknowledge that you have read
and understood the terms and conditions of this Agreement and that you agree to
be bound by all of its provisions. By clicking Join Buttons, you also consent to use electronic
signatures and acknowledge your click of the Join Buttons as a legal binding signature. If you are using AIMPACT on behalf
of a company or other legal entity, you are nevertheless individually bound by
this Agreement even if your company has a separate agreement with us.
2.
YOUR RIGHTS
On the condition that you comply
with all your obligations under Section 3 of this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable,
nonsublicenseable license and right to access our Services, through a generally available web browser,
mobile device or application, view information and use the Services that we
provide on AIMPACT webpages and in accordance with this Agreement. Your
rights are limited to our ¡§Rules of DOs and DON¡¦Ts as an AIMPACT User¡¨ under
Section 5 of this Agreement. Any other use of AIMPACT contrary to our mission and purpose is strictly
prohibited and is deemed as a breach of this Agreement. We reserve all
rights not expressly granted in this Agreement, inter alia, title, ownership, intellectual
property rights, and all other rights and interests in AIMPACT and all related items, including any and
all copies made of the AIMPACT website.
3.
YOUR OBLIGATIONS
1.
Applicable laws and this Agreement
You must comply with all applicable
laws, the Agreement, as may be amended or revamped from time to time with or without advance notice.
2.
Service Eligibility
To be eligible to use the Service,
you must meet the following criteria and represent and warrant that you: (i) are not currently restricted from
the Services, or not prohibited from having an AIMPACT account; (ii) will only maintain one AIMPACT account at any given
time; (iii) are not a competitor of AIMPACT or
are not using the Services for reasons that are in competition with AIMPACT; (iv) have full power and authority to
enter into this Agreement and doing so will not violate any other relevant agreement; (v) will not violate any rights of AIMPACT and
follow our Rules of ¡§DOs¡¨ and ¡§DON¡¦Ts¡¨ as an AIMPACT User under Section 5 of
this Agreement; and (vi) agree to provide at your cost to access
and use our Services.
3.
License and warranty
You grant AIMPACT a nonexclusive,
irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable and
royalty-free right to us to copy, prepare derivative works of, publish,
distribute, improve,
remove, retain, add, process, analyze, use and commercialize any information
you provide, directly or indirectly to AIMPACT, inter alia, any user generated content, ideas,
techniques or data you submit to AIMPACT, without any further consent, notice
and/or compensation to you or to any third parties. You own the information you
provide AIMPACT under this Agreement, and may request its deletion or
removal at any time, unless you have shared
information or content with others and they have not deleted it, or it was
copied or stored or archived by other users. Any information you submit to us is at your own risk.
You represent and warrant that you
are entitled to submit non-confidential and accurate information that is not in violation of any contractual restrictions or other third party
rights. It is your responsibility to keep your AIMPACT profile information
updated and accurate.
4.
Security
You agree to: (i) not permit others to use your account and refrain from using other Users¡¦
accounts; (ii) refrain from
selling, trading, or otherwise transferring your AIMPACT account to another
party; (iii) refrain from charging anyone for
access to any portion of AIMPACT, or any information therein; and (iv) keep your password secure and confidential;. Furthermore, you are responsible for anything that happens
through your account until you close down your account.
5.
Payment
If you purchase any services that we
offer for a fee, either on a one-time or subscription basis (¡§Paid
Services¡¨), you agree to
AIMPACT storing your payment card information. You also agree to pay the relevant applicable fees as they become due
plus all related taxes, and other direct and indirect expenses incurred
during the payment (e.g. delivery charges, transaction costs, and etc.), if any, and to reimburse us for all
collection costs and interest for any overdue amounts. You may cancel your Paid
Services but your obligation to
pay fees continues through the end of the subscription period during which you
cancel your subscription. You also acknowledge that AIMPACT¡¦s Paid Services are
subject to this Agreement and any additional terms and conditions as
stipulated in other,
separate agreement(s) and supplemental agreement(s) related to the provision of the Paid Service, if any.
6.
Indemnification
You indemnify us and hold us
harmless for all damages, losses and costs related to all third party claims, charges, and
investigations, caused by (i) your failure to comply with this Agreement, inter alia, your submission of content that
violates third party rights or applicable laws and rules, (ii) any content you submit to the Services, and (iii) any activity in which you engage
on or through AIMPACT.
7.
Notifications and Service Messages
For purposes of updating
you about our Services, AIMPACT
may place a banner notice across its pages to alert you to certain changes such
as modifications to this Agreement and new services and functions offered by us. Alternatively, notice may consist
of an email from AIMPACT to an email address associated with your account, even
if we have other contact information. You also agree that AIMPACT may
communicate with you through your AIMPACT account or through other means
including email, mobile number, telephone, or delivery services. Please review
your settings on our website
(¡§Setting¡¨) to control what
kind of messages you receive from AIMPACT. You acknowledge and agree that we
shall have no liability associated with or arising from your failure to
maintain accurate contact or other information, inter alia, your failure to receive critical
information about the Service.
8.
AIMPACT Applications
AIMPACT may offer the Services
through authorized
applications built using AIMPACT¡¦s
platform (¡§AIMPACT Applications¡¨), inter alia, smart phone and tablet computer applications, AIMPACT¡¦s ¡§Share¡¨/ ¡§Follow¡¨ / ¡§Like¡¨ /
¡§Add¡¨ / ¡§Add to Portfolio¡¨ buttons
and other interactive plugins distributed on websites across the web. If you
use an AIMPACT Application or interact with a website that has deployed a
plugin, you agree that information about you and your use of the Services, inter alia, your device, your mobile carrier,
your internet access provider, your physical location, and/or web pages
containing AIMPACT plugins that load in your browser (e.g. Internet Explorer,
Chrome, Safari and Firefox) may be communicated to us.
9.
Communication on AIMPACT
AIMPACT members can create Personal
and/or Corporate Profile
(collectively referred to as ¡§Profile¡¨), however, AIMPACT may close or remove content from them if the content
violates this Agreement or others¡¦ intellectual property rights.
AIMPACT may offer various forums and communication
channels from time to time, where you can post your comments and
opinion on designated topics or items. AIMPACT also enables sharing of
information and opinion by
allowing users to post updates, inter alia, links to news articles, ¡§Share¡¨ / ¡§Like¡¨ / ¡§Send¡¨ buttons and other information such as job
opportunities, and other content to their Profiles and other parts of the site. The ideas you post and information you share may be seen and used by other
Users
AIMPACT cannot guarantee that other
Users will not use the ideas and information that you share on AIMPACT. Thus, if you have any idea or information that you would
like to keep confidential and for private use, or that is subject to third party rights that
may be infringed when you share it, do not post it on any AIMPACT¡¦s webpages. We are
not responsible for a user¡¦s misuse or misappropriation of any content or
information you post in any AIMPACT¡¦s webpages.
10.
Notification of acts contrary to this Agreement
If you believe that you are entitled
or obligated to act contrary to this Agreement under any mandatory law, you
agree to provide us with detailed and substantiated explanation in writing at
least one month before you act contrary to this
Agreement, to allow us to assess and judge whether we may, at our sole discretion, provide a remedy for the
situation, though we are not obligated to do so.
11.
Contributions to AIMPACT
By submitting feedback on user¡¦s
experience, ideas, commentaries,
suggestions, and/or proposals
("Contributions") to AIMPACT verbally and/or in writing, you acknowledge and agree that: (a) AIMPACT is not under any
obligation of confidentiality, express or implied, with respect to the
Contributions; (b) your Contributions do not contain confidential or proprietary
information; (c) AIMPACT shall be entitled to use or disclose such
Contributions for any purpose in any way; (d) you irrevocably assign to AIMPACT all rights to
your Contributions though we may have something similar to the Contributions already under
consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind
from AIMPACT under any circumstances.
12.
Privacy
You should carefully read our full version
of Privacy Policy before becoming a User as it is hereby incorporated
into this Agreement, and governs our treatment of any information, including
personally identifiable information you submit to us. Please note that certain
information, statements, data, and content (e.g. data on your Profile, photos, virtual investment portfolio, stock / company
/ people you have followed, and etc.), which you may directly or indirectly submit to AIMPACT, are likely to, reveal your gender,
ethnic origin, nationality, age, investment behavior, and/or other personally identifiable information about you. You
acknowledge that your submission of these information to us is voluntary on your part.
4.
OUR RIGHTS AND OBLIGATIONS
1.
Service Availability
AIMPACT shall provide and seek to
update, enhance and expand the Services as long as we continue to offer it. Therefore, we allow you to access AIMPACT as it may exist and be available on any
given time and have no other obligations,
except as expressly stated in this Agreement. We may replace, modify, refuse access to, suspend or
discontinue AIMPACT and/or the Services, entirely or partially, or change and modify prices for all or part of the
Services for any users in our sole
discretion. AIMPACT also reserves the right to withhold, remove and / or discard any contents available as part of your account, with or without
notice if deemed by AIMPACT to be contrary to this Agreement. AIMPACT has no
obligation to store, maintain or provide you a copy of any content that you or
other Users provide when using the Services.
2.
Third Party Sites
AIMPACT may include links and
application plugins to
third party websites and applications (¡§Third Party Sites¡¨) on www.AIMPACT.com, and elsewhere. You are responsible for evaluating whether you want to access or use the Third Party Sites. You should review any applicable terms
and/or privacy policy of the Third Party Sites or their
applications before using them or sharing any information with it.
AIMPACT is not responsible for and
does not endorse any features, content, advertising, products or other
materials on or available from Third Party Sites. AIMPACT also does not screen,
audit, or endorse Third Party Sites. Accordingly, if you decide to access Third Party
Sites, you do so at your own risk and that this Agreement does not apply to your use of any Third Party Sites.
3.
User Information Disclosure
You acknowledge, consent and agree
that we may access, preserve, and disclose any information you provide if
required to do so by law or in a good faith belief that it is reasonably necessary in our opinion to: (i) enforce this Agreement; (ii) comply with legal process, inter
alia, civil and criminal subpoenas,
court orders or other compulsory disclosures; (iii) respond to claims of a violation of the rights of
third parties, whether or not the third party is a User, individual, or
government agency; or (iv) protect the rights, property, or security of AIMPACT, our Users or the public.
4.
Connections and Interactions
AIMPACT reserves the right, but has
no obligation, to monitor disputes between you and other members and to
restrict, suspend, or close your account if AIMPACT determines, in our sole
discretion, that doing so is necessary to enforce this Agreement. AIMPACT may
limit the number of connections on AIMPACT¡¦s website and may, in certain circumstances, prohibit you from
contacting and/or connecting other
Users through using the Services or limit your use of the Services. You are solely responsible
for your interactions with other Users.
5.
RULES OF ¡§DOs¡¨ and ¡§DON¡¦Ts¡¨ AS AN AIMPACT USER
As a condition to access AIMPACT,
you agree to this User Agreement and to strictly follow our rules of DOs and DON¡¦Ts:
1.
Comply
with all applicable laws, inter alia, privacy laws, intellectual property laws, regulatory rules and
requirements, and etc.;
2.
Comply with all the rules, regulations and
guidelines of the companies and/or associations that are relevant to you;
3.
Provide
accurate information to us and update it when necessary;
4.
Keep evidence to support your commentaries and
user-to-user communications when necessary;
5.
Review
and comply with our Privacy Policy;
6.
Review
and comply with notices sent by AIMPACT concerning the Services; and
7.
Use
the Services in a professional and ethical manner.
B. Don¡¦t undertake the following rules:
6.
GENERAL TERMS
1.
Language
Where AIMPACT has provided you with
a translation of any other languages other than the English language version of this
Agreement, the Privacy Policy, and/or any other documentation, you agree that
the translation is provided for your convenience only and that the English
language versions of this Agreement, the Privacy Policy, and any other
documentation, including additional terms of service for Paid Services, will
govern your relationship with AIMPACT.
2.
Severability
If any provision of this Agreement
is found by a court of competent jurisdiction or arbitrator to be illegal,
void, or unenforceable, the unenforceable provision will be modified so as to
render it enforceable and effective to the maximum extent possible in order to
effect the intention of the provision; and if a court or arbitrator finds the
modified provision invalid, illegal, void or unenforceable, the validity,
legality and enforceability of the remaining provisions of this Agreement will
not be affected in any way.
3.
Entire Agreement
You agree that this Agreement
constitutes the entire, complete and exclusive agreement between you and us
regarding the Services and supersedes all prior agreements and understandings,
whether written or oral, or whether established by custom, practice, policy or
precedent, with respect to the subject matter of this Agreement. You may be
subject to additional terms and conditions that may apply when you use or
purchase certain other AIMPACT services, third-party contents,
software, applications or services.
4.
Amendments to this Agreement
We reserve the right to modify,
supplement or replace the terms of the Agreement, effective upon posting at our
website or notifying you
otherwise. For example, AIMPACT presents a banner on the site when we have amended
this Agreement or the Privacy Policy so that you may access and review the
changes prior to your continued use of our website. If you do not want to agree to
changes to the Agreement, you can terminate this Agreement at any time.
5.
No informal waivers, agreements or representations
Our failure to act with respect to a
breach of this Agreement by you or others does not waive our right to act with
respect to that breach or subsequent similar or other breaches. Except as
expressly and specifically contemplated by the Agreement, no representations,
statements, consents, waivers or other acts or omissions by any affiliated
companies or entities of AIMPACT
(¡§AIMPACT
Affiliate¡¨) shall be deemed legally binding on any AIMPACT
Affiliate, unless documented in a physical writing hand signed by a duly
appointed officer of AIMPACT.
6.
No Injunctive Relief
In no event shall you seek or be
entitled to rescission, injunctive or other equitable relief, or to restrain or enjoin the operation of the Service,
exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Services or any content or other material
used or displayed through the Services.
7.
Beneficiaries
Subsidiaries,
associated companies, and existing substantial shareholders (i.e. entities or
persons holding) not less than 25% of the equity interest of AIMPACT, have rights to enforce the Agreement directly against you.
8.
Assignment and Delegation.
You may not assign or delegate any
rights or obligations under the Agreement, and thus, any purported assignment and delegation shall be ineffective. We may freely
assign or delegate all rights and obligations under the Agreement, fully or
partially without notice to you. We may also substitute, by way of unilateral
novation, effective upon notice to you, AIMPACT for any third party that
assumes our rights and obligations under this Agreement.
9.
Other Potential Rights and Obligations
You may have rights or obligations
under local law other than those pointed out here if you are located outside Hong Kong.
7.
DISCLAIMER
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE
CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Do not
rely on AIMPACT, any information therein, or its continuation. We provide the
platform of AIMPACT and all information and services on an ¡§as is¡¨ and ¡§as
available¡¨ basis. AIMPACT does not control or vet user generated content for
accuracy. We do not provide any express warranties or representations.
To the
fullest extent permissible under applicable law, we disclaim any and all
implied warranties and representations, inter alia, any warranties of
merchantability, fitness for a particular purpose, title, accuracy of data, and
non-infringement. If you are dissatisfied or harmed by AIMPACT or anything
related to AIMPACT, you may close your AIMPACT account as a registered user or subscriber
or stop using AIMPACT¡¦s website as unregistered user. Such termination shall be
your sole and exclusive remedy.
The information and contents of listed and unlisted corporations, investment securities and
derivatives contained in this website are based on the
analysis and
interpretations of available information obtained from sources believed to be
reliable. Such analysis
and information have not been independently verified and AIMPACT makes no guarantees to their accuracy,
completeness, timeliness or correctness. The quotes, charts, commentaries, indicators, and buy/sell
ratings or signals on
this website should be used as references only with your own discretion. AIMPACT is not soliciting any subscriber or user to execute any trade. Any trades executed
following the explicit and implicit
information on this website are taken at your own risk for your own
account.
AIMPACT
reserves the right, in its sole discretion but without any obligation, to make
improvements to, or correct any error or omissions in any portion of this
website at any time. The subscriber or user agrees not to reproduce, retransmit, disseminate,
distribute, broadcast, publish, circulate, sell or commercially exploit the
information and contents on this website in any manner without the express
written consent of AIMPACT.
Investing and trading in any investment
vehicles are risky in nature. AIMPACT encourages you to use the risk
management and educational tools on this website, if any, or elsewhere. But we cannot and do not give any assurance
that the present or future information on
this website will be useful to you. AIMPACT cannot guarantee, and the subscriber or user should not assume, that the future
performance will equal past performance.
AIMPACT may
point to other websites
that may be of interest to the subscriber or user but for which AIMPACT has
no responsibility and only provides this as a service.
AIMPACT
does not represent or endorse the accuracy or reliability of any information,
advertisements or contents contained on, distributed through, or linked,
downloaded or accessed from any of the services on this website. AIMPACT cannot and does not guaranty the quality
or reliability of any products or information used, purchased or obtained by you as a result of an
advertisement or any other information displayed on this website.
AIMPACT
is not responsible and makes no representations or warranties for the delivery
of any messages (such as emails, posting of answers or transmissions of any
other user generated content) sent through AIMPACT to anyone. In addition, we
neither warrant nor represent that your use of the service will not infringe
the rights of third parties. Any material, service, or technology described or
used on our website may be subject to intellectual property rights owned by
third parties who have licensed such material, service, or technology to us.
AIMPACT
does not have any obligation to verify the identity of the persons subscribing
to its services, nor does it have any obligation to monitor the use of its
services by other users of the community on AIMPACT¡¦s online platform. Thus,
AIMPACT disclaims all liability for identity theft or any other misuse of your
identity or information.
AIMPACT does
not guarantee that the services provide will operate without interruption or malfunctioning.
In particular, the operation of the services may be interrupted due to
maintenance, updates, or system or network failures. AIMPACT disclaims all
liability for damages caused by any such interruption or errors in functioning.
Moreover, AIMPACT disclaims any liability or any malfunctioning, impossibility
of access, or poor use conditions of the AIMPACT site due to inappropriate
equipment, disturbances related to internet service providers, to the
saturation of the internet network, and for any other reasons.
8.
LIMITATION OF LIABILITY
SOME COUNTRIES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS
AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither AIMPACT nor any of our
subsidiaries, affiliated companies, employees, shareholders, or directors shall
be liable for (a) any damages, if any, nor (b) any special, incidental,
indirect, punitive or consequential damages or loss of use, profit, revenue or
data to you or any third person arising from your use of the Service, any
platform applications or any of the content or other materials on, accessed
through or downloaded from AIMPACT. This limitation of liability shall:
1.
Not
apply to any damage that AIMPACT may cause you intentionally or knowingly in
violation of this Agreement or applicable law, or as otherwise mandated by
applicable law that cannot be disclaimed from in this Agreement.
2.
Not
apply if you have entered into a separate agreement to purchase Paid Services
with a separate Limitation of Liability provision that supersedes this section
in relation to those Paid Services; and
3.
Apply
regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory,
(ii) we knew or should have known about
the possibility of such damages, or (iii) the limited remedies provided in this Agreement fail.
9.
TERMINATION.
1.
Mutual rights of termination
You may terminate this Agreement,
for any or no reason, at any time, with notice to AIMPACT. This notice will be
effective upon AIMPACT processing your notice. AIMPACT may terminate the
Agreement and your account for any reason or no reason, at any time, with or
without notice. This cancellation shall be effective immediately or as may be
specified in the notice. Only AIMPACT or the party delivering for relevant Paid Services
may terminate your access to any Paid Services.
2.
Misuse of the Services
AIMPACT may restrict, suspend or
terminate the account of any User who abuses or misuses the Services. Misuse of
the Services includes inviting other Users with whom you do not know to
connect; abusing the AIMPACT messaging services; creating multiple or false Profiles; using the Services
commercially without AIMPACT¡¦s authorization, infringing any intellectual
property rights, violating any of our ¡§Rule of Do¡¦s and Don¡¦ts as an AIMPACT User¡¨, or any other behaviour that AIMPACT, in its sole
discretion, deems contrary to its purpose of the Services.
3.
Effect of Termination
Upon the termination of your AIMPACT
account, you lose access to the Services. Termination of your AIMPACT account
includes disabling your access to AIMPACT and may also block you from any future use of AIMPACT.
10.
GOVERNING LAW AND JURISDICTION
The terms and conditions
and any dispute or matter arising from or incidental to the use of AIMPACT¡¦s Services
shall be governed by and construed in accordance with the laws of the Hong Kong
Special Administrative Region of the People's Republic of China ("Hong
Kong").
Any dispute, controversy or claim
arising out of or relating to the terms and conditions including the validity,
invalidity, breach or termination thereof, shall be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules as at present in force and as
may be amended by the rest of this Clause:
(a) The appointing authority shall
be Hong Kong International Arbitration Centre (¡§HKIAC¡¨).
(b) The place of arbitration shall
be in Hong Kong at HKIAC.
(c) There shall be only one
arbitrator.
(d) The language to be used in the
arbitral proceedings shall be Chinese
and/or English.
In the event of any breach of the terms and conditions by a party, the other party shall be entitled to remedies in law
and equity as determined by arbitration.
AIMPACT pledges to meet fully with the requirements of
the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong. In
doing so, we will ensure compliance by our staff to the strictest standards of security
and confidentiality in respect of all personally identifiable information and data submitted by Users.
Users are
strongly recommended to read our Privacy Policy carefully to have an understanding of our policy and practices with regard to the
treatment of personally identifiable information
and data provided by Users on AIMPACT¡¦s website. This Statement is applicable to both
registered and unregistered users.
The mission of AIMPACT is to connect
the world¡¦s professionals, in particular for the banking and finance
participants and those who are seeking financial and human resources for their
businesses, to enable them to
be more efficient
and productive. To achieve our mission, we provide services through our website, mobile applications, regular and ad hoc events,
and other useful and innovative online tools and functions to help you, your connections, and
millions of other professionals maintain a closer relationship, meet, exchange ideas, learn, make
deals, find business and job opportunities, recruit
talents, and enhance personal and corporate image. Being part of AIMPACT means sharing information
about yourself with other professionals, communicating with them, as well as
working privately on your own. The Setting (e.g. your level of information
disclosure and preference of information to be received, and etc.) of your account is, by default, set up to share the information that
we have found the majority of our Users are interested in sharing. But the
amount and type of information (e.g. personally identifiable information,
commentaries, people / stocks / corporations you have followed, and etc.) you decide to share, and with whom
you share it, is up to you.
You are
advised to review our privacy policy from time to time as we reserve the right to modify it at any time. If we make material
changes to this policy, we will notify you here so that you may access and review
the changes to this policy in advance of your continued use of the Services. By continuing to use the AIMPACT service after notice of changes has been
delivered to you or published on AIMPACT¡¦s website, you are consenting to the
changes. If you object to any changes, you may close your account.
Please
read the details of our privacy policy as shown as below:
1.
Collection of Information
As an AIMPACT User, you voluntarily and willingly provide us certain information, including
personally identifiable information, which we collect in order to provide the
Services. If you have any hesitation about providing information to us and/or
having your information displayed on the AIMPACT¡¦s website or otherwise used in any manner permitted in
this Privacy Policy and the User Agreement, you should not become a member of
the AIMPACT community; and, if you are already a member, you should close your
account.
We collect your personal information
in the following ways:
A.
Registration
To become a User, you must provide us
the following information to create an account: name, gender, email address, country, login
username and password.
Without this minimal amount of information, you cannot create an AIMPACT
account. You should choose a
password that is known only
by you. AIMPACT requests other information from you during the registration
process that AIMPACT uses to provide better, more customized services such as
language-specific profile pages and updates, better ads, more valuable personal
and corporate brand building opportunities, and career opportunities. You acknowledge that this
information is personal to you, and by creating an account on AIMPACT, you
allow others, including us, to identify you and to allow AIMPACT to use your information in accordance with our User Agreement.
B.
Profile and Contacts Information
Once you become a registered
User, you may provide additional
information to your AIMPACT Profile showing your skills and area of expertise, current and past professional experiences, educational and
professional qualification background, investment
recommendations, stocks / corporations / people you have followed on AIMPACT,
interests and hobbies, and affiliated groups and associations. You acknowledge
that once you have provide information on your current working experience, we
will automatically create corresponding name card(s) for you and you have to
select at least one current working experience / job as the content of your
online name card (¡§Primary Name Card¡¨) to be distributed when you invite people
to connect with you. When you have more than one current job / position /
working experience, AIMPACT will automatically help you create more than one
online name card for your distribution purpose. The name card(s) you have distributed
will continue to appear in your connection¡¦s account.
In order to connect with others on
AIMPACT, you may use our Services to send invitations either to their AIMPACT Profiles or email addresses and/or through other
online platform applications of people you know if they have not registered with AIMPACT. In order
to allow AIMPACT to help expand your
network, the names and email addresses of
people whom you invite will be used to send your invitations and
reminders as well. Please note that when you send an invitation to connect to
another User, that User will have access to your email address because it is
displayed in the invitation. When you distribute your Primary Name Card
during your invitation to connect with other registered or unregistered Users,
your information on your Primary Name Card will be disclosed to them.
Therefore, you should not invite anyone you do not trust to connect with you.
You may also choose to upload or
manually enter data about your
contacts to ¡§My Contacts¡¨ section of your account on AIMPACT.
Information entered into ¡§My Contacts¡¨ section is
only viewable by you. Your connections on AIMPACT is only viewable by
you as well, except when you admit a disclosure on it through customization on
your Settings or when the connections are shared connections. By providing email addresses or
other information of non-Users to AIMPACT, you represent that you have
authority to do so. All information that you enter or upload about your
contacts is covered by the User Agreement and this Privacy Policy will enable
us to provide customized services such as suggesting people to connect with on
AIMPACT.
Providing additional information
about yourself beyond what is minimally required at registration is entirely up
to you. Any information you provide at registration or in the Profile section
may be used by AIMPACT as described in the User Agreement and this Privacy Policy,
inter alia, for the purposes of allowing other professionals to find, follow and
connect with you on AIMPACT, networking, sharing ideas, facilitate business
deals, enhancement of personal and corporate image, and for serving more relevant advertisements on AIMPACT.
If you decide not to share certain information or be a registered User, you may not receive the full
benefits of being an AIMPACT User.
C.
Using the Services
We receive information when you interact
with and use AIMPACT¡¦s website and AIMPACT
Applications, including third party website(s) or application(s) that embed
AIMPACT¡¦s plugins. For
example, we know when you click on each webpage and ads, upload your phone book, install an AIMPACT Application, share information on AIMPACT, and etc.. As a
result, we can accurately understand and categorize our User behaviour to enhance our Services and respond to customer inquiries
and investigate breaches of this Agreement, if any.
D.
Advertising
We aim to
provide our Users without any service
charge for most of our Services and deliver a valuable experience for our Users, and
thus, we need to serve our own ads and third-party
ads using ad
networks and/or our self-developed ad management system from time to time. Ad networks include third party ad
servers, ad exchanges, ad agencies, ad technology vendors and research companies.
In order
to provide more relevant and useful ad to our Users, we target our ads based on your general profile categories or on non-personally identifiable information
inferred from a User¡¦s Profile (e.g., industry, working experience, educational background, gender, age, ethnic origin,
nationality, risk tolerance, investment behaviour, etc.) in addition to a User¡¦s behaviour on AIMPACT. AIMPACT does not provide
personally identifiable information to any third party ad network.
E.
Cookies
We use cookies and web log files to
track website usage and trends of user
behaviour, to improve the
quality of our Services and deliver more
relevant and useful ad to our Users. A cookie is a data file that
exists on your computer, mobile phone, or
other device, and allows us to recognize you as a User when you return to the
AIMPACT¡¦s website using the same computer and
web browser. You can block or remove cookies using the settings in your own browser, but in some cases doing so may affect your ability to use our
Services. One type of cookie, known as a
¡§persistent¡¨ cookie, is set once you¡¦ve logged in to your AIMPACT account. The
next time you visit the AIMPACT website, the persistent cookie will allow us to
recognize you as an existing User so you will not need to log in before using
the Services. In order to access or change any of your private information
(like a credit card number) or to send a message to another User, however, you
must log in securely again with your password even if your computer contains
your persistent cookie. Another type of cookie, called a ¡§session¡¨ cookie, is
used to identify a particular visit to the AIMPACT website. Session cookies
expire after a short time or when you close your web browser. Other technology
like Adobe¡¦s flash can be used to place the
functional equivalent of a cookie on your computer. You can read more
details about flash ¡§local
stored objects¡¨ or ¡§flash cookies¡¨ on the Adobe¡¦s Privacy Policy at www.adobe.com. AIMPACT may use cookie-equivalent technology
for the limited purpose of enhancing the security of AIMPACT's services. We do
not use flash cookies for advertising purposes.
In the course of optimizing the Services or serving advertisements to our
Users, we may allow authorized third parties to place or recognize a unique
cookie on your browser. Any information provided to third parties through
cookies will not be personally identifiable but may provide general segment
information (e.g., your industry or geography, career field, or information
about your professional or educational background) for the enhancement of your
user experience by providing more relevant advertising. Most browsers are
initially set up to accept cookies, but you can reset your browser to refuse
all cookies or to indicate when a cookie is being sent. AIMPACT does not store
unencrypted personally identifiable information in the cookies.
F.
Log files, IP Addresses and information about your computer and mobile
device
Due to the communications standards on the internet,
when you visit the AIMPACT website we automatically receive the URL of the site
from which you came and the site to which you are going when you leave AIMPACT.
Additionally, advertisers receive the URL of the page you were on when you
click on an ad on AIMPACT. AIMPACT also receives the internet protocol IP
address of your computer (or the proxy server you use to access the World Wide
Web), your computer operating system and type of web browser you are using,
email patterns, your mobile device (including your UDID) and mobile operating
system (if you are accessing AIMPACT using a mobile device), as well as the
name of your ISP or your mobile carrier. AIMPACT may also receive location data
passed to it from third-party services or GPS-enabled devices that you have
enabled. AIMPACT receives information when you access web pages containing
AIMPACT interactive plugins, such as ¡§Share on AIMPACT¡¨ or ¡§Apply with AIMPACT¡¨
functionality. You can control the collection and use of this information here. The link between your IP address
and your personally identifiable information is not shared with third parties
without your permission.
G.
Rights to Control Your Information on AIMPACT
You have a discretionary right to modify, correct and
eliminate the data you provided to AIMPACT. If you update any of your information, we may keep a copy of the
information that you originally provided to us for uses as documented in our User Agreement. You may request deletion of your information at any time by contacting us and we will respond to your request in a
reasonable time. However,
you should acknowledge that the information you have shared with others, or that other Users have copied,
may also remain visible even if you request its deletion.
H.
Data Retention
AIMPACT will retain your information
for so long as your account is still active. We will also retain and use your information as necessary to comply with any legal obligations, resolve
disputes, and enforce this User Agreement.
2.
Your Information Choices
A.
Accessing and Changing Your Account Information
You are encouraged to review the personal information you
provided to us and make any appropriate changes to the information you publish,
or to the Setting for your AIMPACT account, inter
alia, your email and contact preferences,
at any time by logging into your account on our website. As mentioned in the User Agreement, you should
be aware that even after your request
for a change is processed, AIMPACT may, for a time, retain residual information
about you in its backup and/or archival copies of its database.
We have established what we believe
to be reasonable default settings that we have found most professionals desire (¡§Default
Settings¡¨) so that Users can connect the world¡¦s professionals in a more
effective and productive way. We designed our settings to provide
our Users reasonable control over the information they
share from
time to time. We encourage our
Users to review their account settings and adjust them in accordance with
their preferences. Users¡¦ accounts are also defaulted to allow us to invite
them to participate in polls, surveys and
advertising activities carried out by AIMPACT or on behalf of our partners. AIMPACT has overriding
right in the User Setting and we may change the Default Settings from time to
time after appropriate notice to you. If you are not satisfied with our Default
Settings, you can adjust your own Setting or opt to close your account.
B.
Closing Your Account
You can close your account through sending a
request to our customer service department. If you close your AIMPACT account, we will remove
your name and other personally identifiable information from our website. If you close your account, we have
no obligation to retain your information, and may delete any or all of your
account information without liability. Nevertheless, we may retain certain data contributed by you if
AIMPACT believes it may be necessary to prevent fraud or future abuse (e.g.
opening a fake account or account with false and unethical information or
anything in violation of our ¡§Rules of DOs and DON¡¦Ts as an AIMPACT User¡¨ under
Section 5 of this Agreement.), or for legitimate business purposes, such as analysis of aggregated,
non-personally identifiable data, account recovery, or if required by law.
AIMPACT may also retain and use your information if necessary to provide the
Services to other Users.
If we learn that a User is deceased,
we may memorialize the User¡¦s account. In these cases we may restrict profile
access, remove messaging functionality, and close an account if we receive a
formal request from the User¡¦s next of kin or other proper legal request to do
so.
3.
Uses of personal information
A.
Processing Information About You and Personal
Customization
You have the right to withdraw your
consent to AIMPACT¡¦s collection and processing of your information at any time,
in accordance with the terms of this Privacy Policy and the User Agreement, by
changing your Setting, or by closing your account, but it is important to note that your withdrawal of consent will
not be retroactive. Providing any information to AIMPACT is entirely voluntary at your own discretion as the information you provide to us may disclose or reveal,
or allow others to identify, your personally identifiable information. By providing information to us for
the purposes of creating your User account or adding any additional details to
your AIMPACT Profile, you are expressly and
voluntarily accepting the terms and conditions of this Privacy Policy and
AIMPACT¡¦s User Agreement that allow AIMPACT to process information about you.
We will
utilize the information you
provide to us (or to third parties with whom AIMPACT offers combined services)
to customize and improve your
experience on our website.
B.
Communications on AIMPACT
As mentioned in the User Agreement, we will
communicate with you through email, notices posted on our website, or through other available means through our Services,
including any online or mobile messages. We may send you (i) emails that help introduce our Users about the existing
and new features of our Services; and (ii) service messages
relating to the functioning of our Services. Unless you have opted out of receiving promotional information, we may send you such messages directly or on behalf of our partners.
You can change your e-mail and
contact preferences at any time by logging into your account and changing your Setting related to your email
notification preferences. If
you wish, you can also opt-out of receiving promotional emails by sending a
request to us. However,
you cannot decline to receive service messages from AIMPACT. You understand that you will pay any service fees associated with your receipt of messages on
your online
and mobile device like text messaging charges. You also understand that
all communications you initiate through
AIMPACT (e.g., an invitation sent to a non-User) will or may list your primary email address and
name in the messages, and information on your Primary Name Card as
defined in the User Agreement. Messages or invitations you initiate may also contain information about your network.
Other communications and commentaries that you initiate through our website will list your name as the initiator but
will not include your personal email address contact information except
with your permission in accordance with your Setting on your AIMPACT account.
C.
Sharing Information with Third Parties / Search Functions
AIMPACT treats the privacy of our Users seriously. We do not sell, rent, or otherwise provide your
personally
identifiable information to
third parties, except as described in this policy and the User Agreement. Moreover, we will not share other personally
identifiable information not
published to your Profile or generated through engagement with other AIMPACT services without
your consent or instructions (e.g. processing of payment information) unless, disclosure is
reasonably necessary in our opinion to: (1) enforce this Agreement or respond to customer service inquiries; (2) comply with legal procedure, court orders or other compulsory disclosures; (3)
respond to claims of a violation of the rights of third parties, whether or not
the third party is a User, individual, or government agency; or (4) protect the rights, property, or security of AIMPACT, our Users or the
public.
To
achieve our mission to help our
Users connect the world¡¦s professionals, AIMPACT designed a default settings
to allow our Users to reasonably disclose their Profile to the general public,
and in the meantime, Users can selectively reveal more personal information to
their connections or the one they invite to join their network on AIMPACT by
sending them their name card(s) online, and/or by changing their account
Settings on AIMPACT. You should be aware that your Profile will be crawled by and displayed through search engines when someone searches
for your name or company name. You
may opt-out of this feature by changing your account Setting; however, AIMPACT does not
warrant how often third-party search engines will update their caches, which
may contain old Profile information.
Contents distributed through AIMPACT¡¦s sharing features and third
party integrations may result in displaying some of your information outside of
AIMPACT. For example, when you post content or commentaries to some commentary forums on AIMPACT that is open for public
discussion, your content, including your name as the contributor, may be
displayed in search engine results. If you post any information on and/or
participate in the blog and forum sections of AIMPACT, you should be aware that
any personally identifiable information you choose to provide there can be read,
collected, or used by other Users and other third parties, and could be used to
send you unsolicited messages if you have disclosed your contact information.
AIMPACT is not responsible for the information you opt to choose to submit.
Some contents on AIMPACT may be disclosed to the public and searchable on the
internet. You can delete your information you shared at any time. It is also
notable that any ideas you post and information you share may be seen and used
by other Users. We will not guarantee any loss arising from your sharing any
ideas or information on our platform and your disclosure of it is entirely at
your own risk.
We may also provide aggregated anonymous data about the users¡¦
behavior of our Services to third parties for purposes that we deem, in our sole
discretion, to be appropriate, including to prospective advertisers on AIMPACT.
D.
Survey, Polls, Blogs and Forums
In order
to enhance our services to Users and assist our clients and advertising
partners to promote their businesses, surveys and polls may
be conducted by AIMPACT, AIMPACT Users or third parties. As a User, you may be
invited to participate in polls and surveys on our website or thru
direct email and your
selection may be based on your non-personally identifiable information or it
may be random. It is
completely up to you in deciding whether to participate in these
activities or not. We will
not disclose any personally identifiable information to any third parties in
connection with the conduct of any polls or surveys. Your consent to use any
personally identifiable information for the purposes set forth in the poll or
survey will be explicitly requested by the party conducting it.
You may be given access to the poll or survey results after completion of a poll
or survey. Moreover, AIMPACT or third parties may
follow up with you thru email regarding your participation unless
you have opted out of receiving messages. We may also use third parties to deliver incentives to you to participate in polls or surveys. If the delivery of incentives
requires your contact information, you may be asked to provide personally
identifiable information to the third party fulfilling the incentive offer,
which will only be used for the purpose of delivering incentives and/or
verifying your contact information. It is entirely up to you whether you provide this information or not.
E.
Advertisements and Testimonials
AIMPACT may use your name and
profile photo in connection with social media advertising based on the contents you shared on AIMPACT so that we can deliver more relevant ads to you
and your network. This advertising may include, inter
alia, the fact that you have recommended,
commented or endorsed any services, products, news or
commentaries on AIMPACT,
followed a company, and etc.
If you provide any testimonials
about us or place advertisements on our
platform, we may post these testimonials and advertisements as
examples in connection with our promotion of
our services to third parties.
Testimonials and advertisements may include your personal information that you
have provided.
F.
Legal Compliance
Under
certain circumstances, it is
possible that we may need to disclose personal information, profile information
and/or information about your activities as an AIMPACT User when required by
subpoena or other legal process, or if AIMPACT has a good faith belief that
disclosure is necessary to (a) to enforce the User Agreement, to investigate and defend ourselves
against any third party claims or allegations, or to protect the security or
integrity of our website; (b) investigate, prevent or take
action regarding suspected or actual illegal activities or to assist government
agencies in these
cases; and/or (c) to exercise or protect
the rights, property or personal safety of AIMPACT, our Users, clients, or others.
G.
Disclosures as the Result of a Change in Control or Sale of AIMPACT
We may disclose your personal
information and other information to another third party as part of a sale of
the assets of AIMPACT, a subsidiary or division, or as the result of a change
in control of the company. This third party will have the right to continue to use the personal and other
information that you provide to us.
4.
Your Obligations
As an AIMPACT User, you have certain obligations
to other Users. Some of these obligations are imposed by applicable law and
regulations. Moreover, you must comply
with our User Agreement, inter alia, our Rules of ¡§Dos¡¨ and ¡§DON¡¦Ts¡¨ under
Section 5 of the Agreement. Any violation of these guidelines may lead to the restriction, suspension
or termination of your account at the sole discretion of AIMPACT.
Security
In order to help secure your
personal information, access to your data on AIMPACT is protected by your password, and sensitive data (such as credit card
information) is protected by SSL encryption when it is exchanged between your
web browser and our website. To protect any data you store on our servers, AIMPACT also
regularly reviews its system for
possible loopholes, vulnerabilities
and attacks. Nevertheless, we
cannot ensure or warrant the security of any information you provide to AIMPACT; and we cannot guarantee you¡¦re your information may not be accessed,
disclosed, altered, or destroyed by breach of any of our physical, technical,
or managerial safeguards. It is your responsibility to protect the security of
your own login information. Please note that
emails, instant messaging, and similar means of communication with other Users
are not encrypted, and we strongly urge you not to communicate any confidential information through these means and
communicate with anyone that you do not trust..