Last updated on: 15 March 2023
Respecting your private life is one of our core commitments and therefore we pay the most attention to your personal data processing in accordance with Regulation (EU) 2016/679 of the European Parliament and of theCouncil of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
("GDPR").We are aware of the importance of maintaining the confidentiality, integrity and security of your personal data
("Personal Data") and have written this privacy policy
("Privacy Policy") to explain howPersonal Data is collected, stored, used and disclosed by
Ampd Energy Limited, a legal entity registered in Hong Kong, Business Registration Number63070222-001-03-20-0, having the registered office in Hong Kong, Kowloon, 15 Cheung Shun Street, Cheung Sha Wan, Unit D, 5/F, D2 Place Two ("we", “us” or “Company”), as a Data Controller, in connection with access to and use of the website available at the following URL
https://www.ampd.energy and/or its subdomains ("
Website").Whenever we are bound by the applicable law, we will ask for your free, informed, specific and unequivocal consent to the processing of Personal Data.By expressing your consent, you agree that we may collect, use, disclose, process and transfer Personal Data in accordance with this Privacy Policy.
We reserve the right to change the provisions of this Privacy Policy from time to time so that it remains constantly updated in accordance with the applicable law. If we make changes to this Privacy Policy, we will make the updated version available on the Website and we will update the "Last updated on" section. We encourage you to periodically review this Privacy Policy to ensure that you are informed on how your PersonalData will be used. Any change to the Privacy Policy will apply from the date it was made, except for the changes that require your prior consent which will apply from the date you will express your consent.
1. Definitions.
The terms listed below have the following meanings:
Personal Data means information that relates to identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, etc.
Processing means any operation or set of operations which is performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation or destruction.
Data Subject (or you) is an identified or identifiable natural person who can be identified, directly or indirectly, based on particular Personal Data.
Applicable law means the GDPR and the Personal Data (Privacy) Ordinance, Cap 486 of the Laws of Hong Kong and its subsequent amendments.
2. Personal Data processed and purposes of processing
We use your data only in accordance with the applicable legal provisions. This section describes the purposes for which Personal Data are collected and processed.
We do not collect or process sensitive data, as defined by the GDPR in the category of special personal data.
On our Website, in addition to the processed data mentioned below, we may collect and store information with the help of cookies and other similar technologies, in accordance with our Cookies Policy.
A. Website Navigation DataThe computer system sand software applications used to operate the Website generally obtain somePersonal Data (so-called "log files"), the transmission of which is implicit in the use of Internet communication protocols. This information is not collected to be associated with identified persons, but, due to their nature, may allow the identification of users by processing and integration with certain data stored by third parties. This information includes the IP addresses, the date and time of each visitor request, the method used to send the request to the server, the size of the file obtained in response, the browser type, language preference, referring site, as well as other parameters related to the user's operating system.
We use this data only to obtain anonymous statistical information on the use of our Website and to verify its proper functioning. Our purpose in collecting non-personally identifying information is to better understand how our visitors use our Website.From time to time, we may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of our Website.
The legal basis for this processing of your browsing data is our legitimate interest to improve our Website, to manage server capacity and to keep our website error-free, as well as to enable us to comply with legal obligations regarding the security details of our systems. (Article 6, para. (1), letter f) of GDPR)
B. Account registration and account administration on the Website On our website you have the possibility to register and manage an account. In this case, we will process the followingPersonal Data: name and surname, username, phone number, e-mail address, place of work/company/organization name, type of device used, location time zone and, where a paid subscription is involved payment method, credit card details, billing address. The purpose of this processing is to create and manage the account on the Website and provide our services. The refusal to provide this data might determine the impossibility of creating an account on our Website and the impossibility to benefit from the services provided through our Website.
The legal basis for this processing is the execution of the contract and the provision of our services through the Website. (Article 6, para. (1),letter b) of GDPR)
C. Provision of services through the Website
To benefit from our services, we will process the following Personal Data: name and surname, username, phone number, e-mail address, place of work/company/organization name, type of device used, location time zone and, where a paid subscription is involved payment method, credit card details, billing address. The refusal to provide this data, determines the impossibility, total or partial, to benefit from the services provided through ourWebsite.
The legal basis for the processing is the execution of the contract and the provision of our services through the Website. (Article 6, para. (1),letter b) of GDPR) Also, in some situations, the legal basis for the processing consists in our legitimate interest to defend our commercial activity (Article6, para. (1), letter f) of GDPR), ensuring that all the measures we take will guarantee a balance between our interests and your fundamental rights and freedoms. Thus, our legitimate interest may be to take measures to prevent and detect fraudulent attempts, including the transmission of information to the competent public authorities or measures to manage various other risks.
D. Contacting users
·
Use of the contact form available on our Website and/or your Website account
When you contact us via the contact form available on our Website and/or your Website account, we will process your name, surname, username, email address, phone number, location, as well as any information contained in the message sent.
The legal basis for this processing is the execution of a contract to which the data subject is a party or to take action based on the request of the data subject before concluding a contract (Article 6, para. (1),letter b) of GDPR).The legal basis may also be our legitimate interest in communicating and providing the necessary support to the users. (Article 6, para. (1), letter f) of GDPR)
·
Contacting us using the contact details published on our Website
When you contact us using our contact details on the website, we will process your name, surname and email address, as well as any information contained in the message sent.
The legal basis for this processing is the execution of a contract to which the data subject is a party or to take action based on the request of the data subject before concluding a contract (Article 6, para. (1),letter b) of GDPR).The legal basis may also be our legitimate interest in communicating and providing the necessary support to the users. (Article 6, para. (1), letter f) of GDPR).
E. Settlement of disputes
In order to resolve potential disputes related to you, we will process your name and surname, address and Website member account details. The purpose of this processing is to protect our rights and legitimate interests and to support any claims before the courts or any other public authorities.The legal basis of this processing is our legitimate interest to defend our rights or legitimate interests or to support claims arising or closely related to the conclusion or performance of the contract or to exercise the right of defense in the event of litigation against us. (Article 6, para.(1), letter f) of GDPR).
3. Provision of Personal Data
You may refuse to provide certain Personal Data but, in such a case, you may not be able to benefit from certain specific services described in this Privacy Policy. You may also request to change your originally provided option regarding your consent to provide certain Personal Data, in which case please send your request to the email address indicated in the Contact section below.
4. Legal basis
The legal basis for processing Personal Data is established by Article 6 of GDPR on the legality of processing. The legal basis for processing differs depending on the actual situation and the Personal Data processed, as detailed in section 2 above. In the event that we process your Personal Data on the basis of your consent, we will request your free, informed, specific and unequivocal consent to such processing. By expressing your consent, you agree that we may collect, use, disclose, process and transfer Personal Data in accordance with this Policy.
5.Automatic processing of Personal Data
Your Personal Data will
not be processed in order to generate decisions based solely on automatic processing that would have legal effects on you or significantly affect you, in the sense of Article 22 para. (1) of GDPR.
6. Processing duration
As a general rule, the processing duration of Personal Data is subject to the following:
● The website navigation data will be kept for a period of up to two years.
● Personal Data collected for the purpose of registration and administration of an account on the website will be stored as long as you have the account. You can ask us to change, update or delete certain information or close your account at any time. We will comply with your requests, subject to the retention of certain information, including after closing the account, in cases where the applicable law or our legitimate interests so require.
● Personal Data collected in order to provide our services will be kept in accordance with the legal requirements.
● Personal Data collected for contacting users will be kept until your consent is withdrawn.
● Personal Data collected for settlement of disputes will be kept until the expiration of the legal prescription date for filling a claim.
In certain circumstances, we may retain Personal Data for longer periods of time, for example if we are required to do so in accordance with the legal, regulatory, tax or accounting requirements, or to keep records of your relationship with us in the event of any complaints or if we reasonably believe that there is a prospect of litigation related to the processing of Personal Data or your transactions.
7. Transfer of Personal Data
Personal Data is stored on our servers and on the servers of our contractual partners who help us to provide our services.
We may transfer Personal Data, to the extent necessary, to the following categories of recipients: group companies, contractual partners, subcontractors, companies offering courier services, payment service providers, companies offering archiving services, authorized services, companies providing IT services, software or hardware product providers, market research companies, marketing companies, public authorities, courts or arbitral tribunals, as well as competent authorities to investigate the commission of criminal offenses.
These recipients may be located in the European Union and / or the Economic European Area, as well as outside the European Union and European Economic Area, including countries that are not recognized as providing an adequate level of protection, in which case the transfer of Personal Data is carried out only if there are adequate guarantees, in accordance with the GDPR (such as the new set of standard contractual clauses adopted by the European Commission for the transfer of personal data to non-EU regions) and after assuring that a Data Processing Agreement was concluded between us and the data recipient.
You can request a list of recipients from these third countries, as well as a copy of the agreed provisions that ensure an adequate level of protection of Personal Data, by sending an email to the address indicated in the Contact section below.
8. Personal Data security
Personal Data security is important to us. Therefore, the data will be processed by using the principle of minimizing data collection and by applying appropriate technical and organizational measures to protect them, such as limiting access to Personal Data only to dedicated trained personnel and on a need-to-know basis, encrypting or anonymizing them during transfer, storage them on secure media, implementing the best practices from ISO/IEC27001 standards across the organization. However, despite our best efforts, we cannot always guarantee the effectiveness of the security measures implemented, and therefore we cannot guarantee the security of Personal Data at any time.
9. Your rights regarding the processing of Personal Data
In accordance with the GDPR, you have the following rights:
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Right of access: You have the right to obtain confirmation from us that yourPersonal Data is processed by us, as well as information about the specifics of the processing.
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Right to rectification: You may request the rectification of yourPersonal Data, provided that the applicable legal requirements are complied with. In the event of errors, after notification, we will immediately correct the Personal Data.
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Right of deletion: In certain cases, you may request the deletion of Personal Data, such as when:
(i) they are no longer necessary for the purposes for which we collected and processed them;
(ii) you have withdrawn your consent to the processing of Personal Data and we can no longer processPersonal Data on other legal basis;
(iii) Personal Data are processed against the law;
(iv) you exercise a legal right to object. We are under no obligation to comply with your deletion request if the processing of Personal Data is necessary to comply with a legal obligation, or to establish, exercise or defend a right in court. Also, there are other legal circumstances in which we are not obliged to comply with this request to delete Personal Data.
●
Right to restrict the processing: You may request that we restrict the processing of your Personal Data in the following situations:
(i) if you challenge the correctness of the Personal Data, for a period that allows us to verify the accuracy of the Personal Data in question;
(ii) if the processing is illegal, and you object to the deletion of the Personal Data, requesting in return the restriction of their use;
(iii) if we no longer need thePersonal Data for the purpose of processing, but you request it from us for an action in court;
(iv) if you objected to the processing, for the period during which it is verified whether our legitimate rights as a Data Controller prevail over those of the data subject. We may continue to use Personal Data following are quest for a restriction, if:
(i) we have your consent;
(ii) we need to establish, exercise or ensure the defense of a right in court; or
(iii)we need to protect the rights of another natural or legal person.
●
Right to data portability: To the extent that Personal Data is processed based on your consent or for the execution of the contract and the processing is done by automatic means, you have the right to have your Personal Data provided to you in a structured format, currently used and which can be read automatically, and you have the right to transmit this Personal Data to another Data Controller. This right is subject to not cause a prejudice to the rights and freedoms of other people.
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Right to object: In certain situations, such as when we process your Personal Data based on a legitimate interest, you have the right to oppose the processing ofPersonal Data by us. In the event of unjustified opposition, we are entitled to further process the Personal Data.
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Right to object to receive commercial messages: You may also object to the processing of your Personal Data for the purpose of sending commercial messages.
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Right not to be subject to automated individual decisions: If the applicable legal provisions are complied with, you have the right not to be subject to a decision based solely on automatic processing, including profiling, which haslegal effects on you or affects you in a similar significant measure. This right does not apply if the decision:
(i) is necessary for the conclusion or performance of a contract between you and us;
(ii)is authorized by law to provide adequate safeguards for your rights and freedoms;
(iii) is based on your explicit consent.
●
Revocation of consent: To the extent that we process your PersonalData based on your consent, you may revoke the consent at any time, without prejudice to the lawfulness of the consent-based processing prior to its withdrawal. You can revoke the prior agreement at any time and free of charge, either by sending us a request to the email address indicated in the Contact section below or, in the case of the newsletter, by using the "unsubscribe" option that is included in each commercial electronic communication.
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Right to contact the supervisory authority: You have the right to file a complaint with the competent Supervisory Authority from yourEU/EEA country of domicile and/or from Hong Kong, in connection with any violation of your rights regarding the processing of your Personal Data. The contact details for the Supervisory Authority in Hong Kong are the following:
Office of the Privacy Commissioner for Personal Data, Hong Kong; Address: Room 1303, 13/F, Dah Sing Financial Centre, 248 Queen's Road East, Wanchai, Hong Kong; Phone: +852 2827 2827; Email: complaints@pcpd.org.hk However, if you have any dissatisfaction regarding the processing of your Personal Data, we hope that you will contact us in order to settle amicably your request.
To exercise the above rights, please contact us by email to the address indicated in the Contact section below.
10. Third-party content and links
Our Website may contain links to other websites, services, and web addresses. This Privacy Policy applies only to our Website, not those external websites, services and web addresses that we link to. Those websites, services and web addresses have their own privacy policies and we are not responsible for these external websites and services and their privacy policies and practices, as well as their compliance with applicable data protection laws. In addition, if you link to our Website from an external site, we cannot be responsible for the privacy policies and practices of the owners and operators of that external website and recommend that you check the privacy policy of that external website.
11. Age Limitation
Our Website is generally not for users who are under 16 years old. We do not knowingly process anyPersonal Data from persons under 16 years of age, and any such data shall be immediately deleted upon detection, unless (1) processing of Personal Data of persons under 16 years of age is explicitly allowed by the national personal data protection law applicable to such person’s Personal Data, or (2) person under 16 years of age consented to processing of its Personal Data or, where lawfully required, the consent was given by the tutor of the person under 16 years.
12. Contact
If you have any questions or concerns regarding the Privacy Policy or its implementation, you can contact us at the following email address:
privacy@ampd.energy.png)
