Elevate Digital

TERMS
AND
CONDITIONS

Terms and Conditions

This page was last updated on May 31st, 2018

By using the Elevatedigital.hk website (“Service”, “Company”), you are agreeing to be legally bound by the terms and conditions that follow (“Terms and Conditions”, “Terms of Service”). Elevate Digital reserves the right to update and modify the Terms of Service infrequently without notice, except when we are required to notify you in order to ask for your consent, or to comply with your right to be informed. Continued use of the Service subsequent to any alterations you don’t need to be informed of, will establish your consent to such alterations. Violation of any of the terms below will lead to the termination of your Account. You agree to utilize the Service at your own risk. The Service is provided on an “as-is” and “as-available” basis. We reserve the right to update or modify our Website and its features. Our employees are contractually obliged to respect your privacy and have received basic training in data protection best practices. You comprehend that Elevate Digital uses third party vendors and hosting partners to provide fundamental software, hardware, storage, networking, and other related technology that is required to run the Service. Third party service providers that we work with are required to offer the same degree of security and privacy as we do and to adhere to the same rules. When required, Privacy Policy pages of those providers will be made available to you.

Our Websites and Services are not intended for children under 16 years of age. No one under the age of 16 may provide any personal information to or on the Websites and Services. We do not knowingly collect personal information from children under 16 years of age. By continuing to use our Website or Services, you are acknowledging that you are at least 16 years old.

Support

Newsletter and Email Policy

If you have previously chosen to receive our newsletter, you can always opt out by following the ‘unsubscribe’ link in the emails we send, in which case you will not receive regular information and words of advice regarding Elevate Digital. However, we reserve the right to inform you of any major updates or other significant information regarding your account, as well as send courtesy follow-up emails regarding your trial period version for as long as your account is active. If you do not wish to receive these emails, please do not sign up for the newsletter, or delete your account.

Supported Browsers

Elevate Digital supports present and previous major releases of Chrome, Firefox, Internet Explorer, and Safari. Every time a new version is released, we begin supporting that version and stop supporting the third most recent version. We are devoted to providing our clients with regularly updated advanced features and better user experience. We support the latest browser versions so that you can make the most out of Elevate Digital. Please contact our support team for any inquiries you might have.

Copyright and Content Ownership

You are not allowed to duplicate, copy, or reuse any quantity of the HTML/CSS/JS or visual design elements without express written permission from Elevate Digital. The look and feel of the Service is a copyrighted property of Elevate Digital. The entirety of the content posted on the Service must comply with Hong Kong copyright laws.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws applicable in Hong Kong, without regard to its conflict-of-law provisions. You and we hereby agree, for any claim or lawsuit resulting from any reason whatsoever in relation to these Terms, the Software, or the Website, to attorn to the judicial district of Hong Kong, as the relevant location for the hearing of said claim or lawsuit and excluding any other judicial district or any other district which might have jurisdiction concerning any such matter.

Privacy

Protecting our customers’ information and privacy is our main priority. The Elevate Digital’s privacy policy incorporates its employees, partners, agents, affiliates, and contractors.

We consider information about our customers, including personal information, strictly confidential and consistent with all legal and regulatory requirements. We use a synthesis of technology and standard practices to ensure that your information is secured from unauthorized access or exposure. The information we collect about you in the course of conducting normal business will only be shared with third parties upon your consent or as required by law. We gather customer information based on our mutual business relationship and your use of the Services and solutions we provide.

An example of this is contact information that allows us to communicate with you, including your name, telephone number, address and email address.

For additional information or to address any concerns, please contact [email protected] or refer to our Privacy Policy page.

How Safe is Elevate Digital?

Internet communications between Elevate Digital and all 3rd party APIs uses SSL encrypted HTTPS connections. We know that data confidentiality is of utmost importance to our clients and their trust in our product is dependent on our capacity to protect their data. Therefore, we are dedicated to implementing best security practices in the industry.

What Analytics Data do We Store?

We store usage data to help us improve our Service. We schedule automated, periodical deletion of the data that is no longer needed for us to perform the actions defined by our lawful basis for its use.

In order to keep your data safe, we protect it through pseudonymisation. This data masking method strips data of personal identifiers, making it impossible to connect sets of data to particular data subjects without additional information (often an encryption key). This additional information is stored separately, which significantly reduces the risk of personal data being compromised during potential breaches.

Most of the time, data from data source providers is read-only; therefore, under no circumstances can we add, update or delete it. If you want data that we are not controlling but only processing to be deleted or modified, we can convey your wishes to the data controller, but we are not responsible for when or whether they will comply.

Data Property

You are the owner of your data. Any stored data will be deleted upon a client’s request, apart from the data we are not in control of, but are only processing.

Elevate Digital as a processor of User/Client Data

Depending on the context of personal information you provide, Elevate Digital may be the data controller (“controller”) or data processor (“processor”) of your personal information under this policy. Elevate Digital is a processor of Client Data, personal information submitted to the Service or collected through the Service on behalf of or at the direction of subscribers.

Article 28 of the GDPR specifies that the relationship between the controller and the processor should be made in writing (electronic form is acceptable under subsection (9) of the same Article). Elevate Digital’s Terms and Conditions and Privacy Policy serve as your data processing agreement, setting out the instructions that you are giving to Elevate Digital with regard to processing the personal data you control and establishing the rights and responsibilities of both parties. Elevate Digital will only process your Client Data based on your written instructions as the data controller unless required by law to act without such instructions.

Indemnification

You hereby agree to indemnify and hold harmless Company, its assignees, and/or successors in interest from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of your warranty, representation or agreement, express or implied, made by you herein, which results in a judgment by a court of competent jurisdiction.

User Content

Content Uploaded to Elevate Digital

You are legally responsible for all information, data, text, software or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”). The company is not responsible for your Content; you are solely responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to backup your Content regularly and frequently.

You hereby grant Company a limited license to use the Content you upload or otherwise make available to the Service for the purpose of enabling your use of the Service, and for the purpose of enabling the Service to provide you with its Product. By posting, uploading, displaying, transmitting, or otherwise distributing Content to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents and representatives a worldwide, perpetual, royalty-free, non-exclusive license to host and use the Content in connection with the Service, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, and reformat your Content. You will not be compensated for the Company’s use of your Content. By uploading Content to the Site or Service you warrant and represent that, in accordance with Section 13.4., you own the rights to the Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute your Content.

By accepting these Terms & Conditions, you also accept that we can use your company’s logo for informational and referral purposes in our Website (elevatedigital.hk ) or in other publications mentioning Elevate Digital.

No Warranties

Company hereby disclaims all warranties. The Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site or the Service. To the maximum extent permitted by law, Company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non infringement. The Company does not warrant that the Site or the Service will meet your requirements or that the operation of the Site or the Service will be uninterrupted, timely, virus or error-free, or that data displayed by the Services will be accurate or reliable.

Limited Liability

Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall Company, its affiliates or suppliers be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost or compromised data, lost profits or revenue due to Service interruption or computer failure, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or services of Company. You hereby agree that Company’s liability to you will not exceed any fees paid by you to the Company for the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Links and Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with or from the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Severability; Waiver; Assignment

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Elevate Digital may assign or delegate some or all of its rights and obligations under this Agreement.

Modifications and Amendments

The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Publicity

The Client hereby gives Elevate Digital permission to refer to the Client and the Services provided to the Client under this agreement, and use the Client’s corporate logo in connection with the promotion of the Services in any media during the Term, including but not limited to the website www.elevatedigital.hk. If you want to revoke this permission, you can contact us on [email protected].

Do You Have any Additional Questions or Concerns?

Do not hesitate to contact us at [email protected]