Tradelink Remote Signing Service - Subscriber's Terms & Conditions

1. Personal Information Collection Statement

Collection of Personal Data

During registration for "Tradelink Remote Signing Service", the following personal data will be collected from you

the personal data as appeared on your identity document including document number, English name, Chinese name (if available), sex, date of birth and date of issue;
your email address;
your phone number;
the images in your identity document; and
your facial images

After successful registration and in the course of using "Tradelink Remote Signing Service", your personal data (e.g. system identifiers, usage data, etc.) may be generated and collected by the "Tradelink Remote Signing Service" system.
The "Tradelink Remote Signing Service" system will collect all the personal data you input, amend or update from time to time (if any) and for performing account management functions
When performing account management functions, you shall be required to provide personal data including identity document information, contact phone number and/or your email address for verification.
Your facial images shall be collected by the "Tradelink Remote Signing Service" system when conducting account management functions via the app with "Tradelink Remote Signing Service" function.
When you use the Digital Signing service, the online service providers who adopt "Tradelink Remote Signing Service" ("online service providers"), including but not limited to government department(s), public bodies, non-governmental organizations and any commercial organizations, shall ask you to input your identity document number. Your identity document number may be passed to and collected by the "Tradelink Remote Signing Service" system.

Purpose of Collection

The personal data we collect as mentioned in Clauses ai - vi above will be used for the following purposes -

processing your registration and verifying the information to confirm your eligibility for "Tradelink Remote Signing Service";
operation of "Tradelink Remote Signing Service", including but not limited to problem diagnosis, statistical analysis and audit; and
processing your application, issuance, renewal and revocation of "Personal (Remote) ID-Cert Class 12" and/or "Organizational (Remote) ID-Cert Class 15" for "Tradelink Remote Signing Service" Digital Signing service.

Classes of Transferees

Digi-Sign

Your identity document number, surname, given name (if provided), email, phone number and other relevant data will be passed to Digi-Sign for the purpose as stated in Clause 1.b.i.3.;

Online service providers adopting "Tradelink Remote Signing Service"

when you use "Tradelink Remote Signing Service" functions in online services, the "Tradelink Remote Signing Service" shall pass your "Tradelink Remote Signing Service" system identifiers to the corresponding online service providers for identifying you without the need of using other sensitive personal information;
online service providers and "Tradelink Remote Signing Service" system shall use your "Tradelink Remote Signing Service" system identifiers instead of using other sensitive personal information for relaying notification messages to you;

Access and correction of personal data

You have the right to access to and correct the personal data provided during registration or in relation to the usage of "Tradelink Remote Signing Service".

2. "Tradelink Remote Signing Service" User Terms of Use

Digital Signing

You may use "Tradelink Remote Signing Service" to generate digital signatures. The digital signature generated by "Tradelink Remote Signing Service" system using "Personal (Remote) ID-Cert Class 12" and/or "Organizational (Remote) ID-Cert Class 15" shall satisfy the signature requirement for transactions involving both government and non-government entities under the Electronic Transactions Ordinance (Cap. 553).

Registration

For personal user, you must attain the age of 18 years, use your own identity document and biometric credentials for registration
You agree that the "Tradelink Remote Signing Service" account must only be created for your own use. You must not register for and on behalf of another user.

De-registration

Deregistration for the "Tradelink Remote Signing Service" can only be initiated through yourself to Service Provider. Once deregistered, you cannot use your "Tradelink Remote Signing Service ". The deregistered account cannot be reactivated and you are required to register for "Tradelink Remote Signing Service" again if you wish to use this services.

For "Personal (Remote) ID-Cert Class 12" Subscriber

You must read and agree with the Subscriber Terms and Conditions of "Personal (Remote) ID-Cert Class 12":

observe and be bound to the Digi-Sign's Subscriber Terms and Conditions (https://www.dg-sign.com/stc) for ID-Cert;
authorize Tradelink to act on behalf of you on administrative matters related to the certificates, including application, renewal and revocation;
authorize Tradelink to act on behalf of you on management of certificates and key pairs, including key pair generation, receipt, acceptance and acknowledgment, keeping, maintenance and use of the certificates;
Follow the applicable procedures and practices specified in the Certification Practice Statement (CPS) for ID-Cert as instructed by Tradelink, and the advice from Tradelink to comply with the notices and instructions issued by Digi-Sign from time to time;
Note the Privacy Policy Statement of Digi-Sign at www.dg-sign.com for the protection of personal data governed by Personal Data (Privacy) Ordinance (Cap. 486).

You authorize Tradelink for the following:

to act as Authorized Representative and Authorized Custodian
to revoke your certificates under certain circumstances, for example, but not limited to

in accordance with your instruction
your breach of these terms and conditions
compromise or suspected compromise of the Private Key
de-registration of the Service

to auto-renew your certificates before expiry
to use your private key upon proper authorization
to transfer your identity information and other relevant data to Digi-Sign for certificates issuance and management

For "Organizational (Remote) ID-Cert Class 15" Subscriber

You must read and agree with the Subscriber Terms and Conditions of "Organizational (Remote) ID-Cert Class 15":

observe and be bound to the Digi-Sign's Subscriber Terms and Conditions (https://www.dg-sign.com/stc) for ID-Cert;
authorize Tradelink to act on behalf of you on administrative matters related to the certificates, including application, renewal and revocation;
authorize Tradelink to act on behalf of you on management of certificates and key pairs, including key pair generation, receipt, acceptance and acknowledgment, keeping, maintenance and use of the certificates;
Follow the applicable procedures and practices specified in the Certification Practice Statement (CPS) for ID-Cert as instructed by Tradelink, and the advice from Tradelink to comply with the notices and instructions issued by Digi-Sign from time to time;
Note the Privacy Policy Statement of Digi-Sign at www.dg-sign.com for the protection of personal data governed by Personal Data (Privacy) Ordinance (Cap. 486).

You authorize Tradelink for the following:

to act as Authorized Representative and Authorized Custodian
to revoke your certificates under certain circumstances, for example, but not limited to

in accordance with your instruction
your breach of these terms and conditions
compromise or suspected compromise of the Private Key
de-registration of the Service

to use your private key upon proper authorization
to transfer your identity information and other relevant data to Digi-Sign for certificates issuance and management

Renewal of "Personal (Remote) ID-Cert Class 12"

Before expiry of the "Personal (Remote) ID-Cert Class 12" for "Tradelink Remote Signing Service" account users, the "Tradelink Remote Signing Service" system shall perform auto renewal of the certificate under your authorization. You will not be able to use the Digital Signing service if your "Personal (Remote) ID-Cert Class 12" has expired.

Renewal of "Organizational (Remote) ID-Cert Class 15"

The renewal of "Organizational (Remote) ID-Cert Class 15" for "Tradelink Remote Signing Service" account users is treated as a new application. The subscriber has to make a new application for the issuance of "Organizational (Remote) ID-Cert Class 15" to replace the soon-to-be-expired ID-Cert. You will not be able to use the Digital Signing service if your "Organizational (Remote) ID-Cert Class 15" has expired.

Account Suspension and Invalidation

During suspension or invalidation of your "Tradelink Remote Signing Service" account, you still remain responsible for any of your action performed before the suspension or invalidation through your "Tradelink Remote Signing Service" account. The Terms shall survive such suspension or invalidation.

Security

You shall take the following security precautions where applicable. You are liable for all the losses, damages or consequences suffered or incurred by you as a result of your not taking the security precautions including but not limited to the following -

keep your "Tradelink Remote Signing Service" account. Do not disclose your "Tradelink Remote Signing Service" password to others;
safeguard your mobile device from loss or theft and keep it under your personal control at all times. Set up auto-lock to prevent unauthorized access to your mobile device at all times. Ensure the biometric credentials stored on your mobile device are your own and do not store anyone else's biometric credentials on your device. Beware of any risk that the authentication method can be easily circumvented (e.g., you should not use facial recognition for authentication purpose if you have an identical twin sibling);
do not install or launch app with "Tradelink Remote Signing Service" function on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval;

Obligations and Responsibilities

Disclaimer

Unless provided otherwise herein, the information on "Tradelink Remote Signing Service" is provided to you on an "AS IS" and "AS AVAILABLE" basis without any express or implied warranty or representation of any kind and is for a general, indicative purpose only. In particular, Tradelink and Digi-Sign does not make any express or implied warranty or representation as to the accuracy, completeness, fitness for a particular purpose, non-infringement, reliability, security or timeliness of such information. Tradelink and Digi-Sign will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information.
Tradelink and Digi-Sign will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including but without limited to any consequential loss and damages, destruction or damage) however arising from or in respect of any use or misuse of or reliance on "Tradelink Remote Signing Service" and its Services, or online services accessed through the "Tradelink Remote Signing Service", or unavailability of the Services.
Any material downloaded or otherwise obtained through the use of the "Tradelink Remote Signing Service" is done at your sole discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
No advice or information, whether oral or written, obtained by you from Tradelink and Digi-Sign, or through or from Tradelink and Digi-Sign website or service, shall create any warranty not expressly stated herein.
The "Tradelink Remote Signing Service" may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, the "Tradelink Remote Signing Service" may provide or assist in providing links (both surface links and deep links) to external websites or apps. Tradelink and Digi-Sign have not approved or endorsed the materials contributed by third parties on the "Tradelink Remote Signing Service" or any external websites or apps linked to the "Tradelink Remote Signing Service". The provision of any such materials or links to external websites or apps shall not constitute any form of co-operation or affiliation with Tradelink and Digi-Sign of any such third parties or external websites or apps. Provision of, or assistance in providing, materials contributed by third parties on the "Tradelink Remote Signing Service" or links to external websites or apps gives rise to no statement, representation or warranty, express or implied, that Tradelink and Digi-Sign agree or do not disagree with the contents of any such materials or external websites or apps and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss and damages, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites or apps delivered on or via the "Tradelink Remote Signing Service", or inability to use any of them.
Without limiting the generality of the foregoing, nothing on or provided via the "Tradelink Remote Signing Service" shall constitute, give rise to or otherwise imply any endorsement, approval or recommendation on Tradelink and Digi-Sign of any third party, be it a provider of goods or services or otherwise.
Tradelink and Digi-Sign do not give any warranty in relation to the use of the "Tradelink Remote Signing Service" and / or any third party websites or apps linked to the "Tradelink Remote Signing Service", and do not warrant against any possible interference or damage to your device arising from the downloading, installation or use of the "Tradelink Remote Signing Service" related app. Tradelink and Digi-Sign make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the "Tradelink Remote Signing Service". Tradelink and Digi-Sign do not warrant or represent that the "Tradelink Remote Signing Service" or any information or any electronic data or information transmitted to you through the "Tradelink Remote Signing Service" is free of computer viruses. Tradelink and Digi-Sign shall not be liable for any loss, destruction or damage arising out of or in relation to any transmission from you to Tradelink and Digi-Sign or vice versa over the internet.
You must ensure that the information (including your personal data) kept in "Tradelink Remote Signing Service", and/or submitted to any online services via "Tradelink Remote Signing Service" are complete, accurate, true, correct and up-to-date. Tradelink and Digi-Sign shall not be responsible/liable for any inaccuracy, mistake or false information (including your personal data) so kept and/or submitted by you.
While "Tradelink Remote Signing Service" provides a function to enable you to receive notifications from online services, Tradelink and Digi-Sign do not guarantee the accuracy, correctness, updated-ness or timeliness of the notifications provided by online services.
Tradelink and Digi-Sign may process a request if it is reasonably believed that the request is made by you without being liable in any circumstances. You will be bound by that request as understood and executed by Tradelink and Digi-Sign in good faith even if (i) it is incorrect, false or unclear, or (ii) it was not made by you. Tradelink and Digi-Sign have no obligation to verify the identity of the person making a request apart from the authentication methods as stated under the authentication section of this Terms.
Tradelink and Digi-Sign have the right to delay processing or refuse to process a request if we are aware of or suspect a breach of security or other suspicious circumstances relating to your "Tradelink Remote Signing Service" account or the Services. Tradelink and Digi-Sign are not liable for any delay or refusal to act in these circumstances. You will be informed of any delay or refusal if it is reasonably practicable to do so.
Tradelink and Digi-Sign are not responsible for any dispute arising out of any transactions between you and the online service providers using "Tradelink Remote Signing Service". In the event of dispute, you should contact the relevant online service providers for any resolution or remediation

Your Responsibilities

You agree to use the Services and the "Tradelink Remote Signing Service" app only for purposes that are permitted on terms and conditons herein and under the laws of the Hong Kong Special Administrative Region ("HKSAR").
You represent, warrant and undertake to Tradelink and Digi-Sign that any information, communication or material submitted to Tradelink and Digi-Sign through "Tradelink Remote Signing Service" is true and accurate and not misleading, incomplete or false in any material respect.
You are responsible for the following

using your own identity document and biometric credentials for registration and use of "Tradelink Remote Signing Service";
verifying any information before sending, relying or acting on it; and
any breach of your obligations under the terms and conditions herein, and for the consequences of any such breach.

You agree not to use the Services and the "Tradelink Remote Signing Service"

in any way that is illegal;
to upload, post, e-mail, otherwise transmit or post links to any contents which are defamatory, offensive, unlawful, obscene, abusive, harmful, pornographic, threatening, tortuous, or otherwise objectionable;
to upload, post, e-mail, otherwise transmit or post links to any information or software which contains any computer viruses, worms, Trojan horses or any other harmful computer codes, programs or files;
to access, use, break into, or attempt to access, use or break into any other parts of "Tradelink Remote Signing Service" and/or data areas which you have not been authorized to use;
access, collect or store personal data about other users; upload, post, e-mail, otherwise transmit or post links to any promotional material, unauthorized advertising, chain letters, pyramid schemes or any unsolicited commercial communication; and
in any way that contravenes or infringes upon the Tradelink's & Digi-Sign’s rights or the rights of any third party (including copyrights and other intellectual property rights).

You must not do or attempt to do the following (or any of them)

decompile, reverse-engineer, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with the Services, the "Class" or any content in them; and
do anything to exploit, interfere or disrupt the Services, the "Tradelink Remote Signing Service" system or the servers and networks through which they are provided.

If you breach your obligations under terms and conditons herein, your "Tradelink Remote Signing Service" account may be invalidated and further actions as are appropriate may be taken.
You undertake to protect the confidentiality and the integrity of your credentials for accessing the Class 12 or Class 15 Service which will have access to Private Key of your Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15 by using reasonable precautions to prevent the loss, disclosure or unauthorized use of the credentials;
You undertake to report to Tradelink and Digi-Sign immediately upon:

discovery of any loss or compromise of his/her credentials for accessing the "Tradelink Remote Signing Service" which will have access to Private Key of his/her Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15;
becoming aware of any other circumstances in which your Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15 should be revoked;

You agree to be forfeited the use of any Private Key associated to your Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15 in case of revocation of your Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15 under the CPS, and that Tradelink and Digi-Sign shall be under no liability to you in respect of any such event;
You authorize Tradelink, through system authentication, including but not limited to, email one-time-password / facial recognition, to effect and produce your Digital Signatures (as defined in the CPS) using your Private Key as instructed by you from time to time;
You acknowledge and agree to all disclaimers and limitation on liabilities of Tradelink and Digi-Sign, and their officers, employees or agents;
You agree that you may not assign or otherwise transfer any of your rights or obligations without the prior written consent of Tradelink and Digi-Sign;
You represent and warrant to all relevant parties (in particular the Relying Parties as defined in the CPS) that throughout the validity period of the Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15:

no other person nor unauthorized person have access to your credentials for accessing the "Tradelink Remote Signing Service" which will have access to the Private Key of your Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15;
all information and representations given by you that are included in the Personal (Remote) ID-Cert Class 12 or Organizational (Remote) ID-Cert Class 15 are true, accurate and complete; and
the Private Key, the Personal (Remote) ID-Cert Class 12, and Organizational (Remote) ID-Cert Class 15 are used exclusively for authorized and legal purposes, and in a manner that will not infringe any third party rights.

Indemnity

You must indemnify and keep indemnified Tradelink and Digi-Sign and all their directors, officers and employees against all claims, actions, proceedings, liabilities, demands, charges, damages, costs, losses or expenses arising out of or resulting from the use or attempted use of the "Tradelink Remote Signing Service" Services to the extent that the same are or have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of any of the Terms by you. This provision survives suspension or invalidation of your "Tradelink Remote Signing Service" account.

Miscellaneous

Acceptance of Terms and Conditions

Tradelink and Digi-Sign may from time to time vary, modify, delete and/or add any terms or conditions in the Terms at its own discretion you will be notified of the updates or changes by emails, letters or other means Tradelink and Digi-Sign as appropriate. You must read the most update Subsriber’s Terms and Conditions before proceeding to use the Services. Your accessing and using "Tradelink Remote Signing Service" is taken as your agreement to be legally bound by the Terms and Conditions as may be modified and/or supplemented from time to time by Tradelink and Digi-Sign without prior notice. The most update Subscriber's Terms and Conditions will have superseded any previous versions of the Terms and Conditions accepted by you.

Unless otherwise indicated, the contents on "Tradelink Remote Signing Service" are subject to copyright owned by Tradelink and Digi-Sign.

Third Party Terms

"Tradelink Remote Signing Service" may require, enable or facilitate access to or use of websites, software or services of a third party, such as but not limited to specific online services. In such an event, there may be terms governing the use of such third party websites, software or services that will bind either Tradelink or you or both.
Unless otherwise expressly stated herein, no person other than the Subscriber herein may have any entitlement or any right of claim against Tradelink and/or Digi-Sign under Contracts(Rights of Third Parties) Ordinance, Cap.623 of Laws of Hong Kong.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of HKSAR. You agree to submit to the exclusive jurisdiction of the courts of HKSAR.

If any terms herein are found by any court to be illegal, void or unenforceable, they shall be severed and deleted, but this shall not affect the validity and enforceability of the remaining terms.