Disclaimer

None of Quinlan & Associates Limited or any of its affiliates (collectively, “Q&A”) holds any license from the Hong Kong Securities and Futures Commission to carry out regulated activities (as defined in the Securities and Futures Ordinance of Hong Kong) (“Regulated Activities”) in Hong Kong. Nothing herein shall be construed as (i) Q&A having a license or being authorised to carry out Regulated Activities in Hong Kong; or (ii) Q&A holding itself out as being licensed or authorised to perform any activity (including any Regulated Activities) for which it is not so licensed or authorised in Hong Kong.

The materials and data contained herein are for information only and shall in no event be construed as an offer to sell or the solicitation of an offer to purchase or sell any securities in any jurisdiction. Q&A does not make any representation, undertaking, warranty or guarantee as to the update, completeness, correctness, reliability or accuracy of the materials and data herein. All opinions, forecasts or estimation expressed herein are subject to change without prior notice. Q&A accepts no liability or responsibility whatsoever for any direct or consequential loss and/or damages arising out of or in relation to any use of opinions, forecasts, materials and data contained herein or otherwise arising in connection therewith.

Privacy and cookies policy

Quinlan & Associates Limited is committed to protecting your privacy.  This privacy and cookies policy (together with our Terms of Use and any other documents referred to in this policy) sets out how your personal information (meaning any information about you (“you“) which is personally identifiable, generally referred to throughout this policy as “personal information”) will be stored and used.  Please read this policy carefully to understand our practices regarding your or, if applicable, your student’s, personal information.

Any reference to “you” or “your”, means you as a user of our website at www.quinlanandassociates.com  (“Website”).  Any reference to “we”, “us”, “our” or “Q&A” is to Quinlan & Associates Limited.

This policy only applies to the collection of personal information by us and the use of that personal information by us and those whom we authorise.  It does not cover third party websites to which we provide links, nor does it cover advertisers.  They may have their own privacy policies and/or terms and conditions of use.

By clicking and checking on the ‘I accept’ tick box, you accept the terms of this policy.  Please note that we may update and amend the privacy and cookies policy from time to time and any changes will be posted on the Website.  If you do not agree with any of our policy then you should not use the Website.

These terms may be translated into other languages.  If there is any inconsistency between the English version of these terms and another language’s version of these terms, the English version of these terms shall prevail.

WHAT INFORMATION DO WE HOLD ABOUT YOU AND HOW IS IT COLLECTED?

We may collect and process the following data about you:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use and order services from our Website (as applicable), subscribing to our email newsletters or publications or requesting further services. We may also ask you for information when you report a problem with our Website.
  • If you contact us, we may keep a record of that correspondence.
  • We may also ask you to complete surveys / feedback forms that we use for research purposes, although you do not have to respond to them.
  • Details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

In addition, in common with many other online services, we may use “cookies” or other devices to store and sometimes track information about you. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website (see section entitled “Cookies and other such devices” below).

HOW DO WE USE INFORMATION ABOUT YOU?

We use personal information about you to help us provide you with a more personalised service which is tailored to suit your needs.

Your personal information may be used by us to:

  • provide services;
  • monitor, develop and improve the Website, services and your experience;
  • ensure that content from our Website is presented in the most effective manner for youand your computer;
  • carry out our obligations arising from any contracts entered into between you and us;
  • allow you to participate in any interactive features of our Website, when you choose to do so;
  • keep our Website safe and secure;
  • process and deal with any complaints or enquiries made by you; and
  • investigate any suspected breach of the Terms of Use[1] or the breach of other terms and conditions otherwise relating to you and to monitor compliance including by way of checking postings or submissions to the Website and using keyword triggers to investigate usage that may be inappropriate.

Where and only where requested by you we will:

  • send you and keep you updated with information by email, telephone or mail about our services; and/or
  • send you information by e-mail, telephone or mail about our services that we consider may be of interest to you.

To opt-out of receiving any such communications, you can use the facility contained in any such communication or you can email us at the email address below or write to us by mail to the address below stating that you do not wish to receive further communications from us.

WHERE DO WE STORE YOUR PERSONAL DATA?

The data that we collect from you may be stored on servers outside of Hong Kong. The data that we collect from you may be transferred to, and stored at, a destination outside Hong Kong. It may also be processed by staff operating outside Hong Kong who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your engagement or services, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy and cookies policy.

ACCESS TO YOUR INFORMATION AND AMENDING YOUR INFORMATION

You have the right to request a copy of the information that we hold about you (unless it is exempt in accordance with the Personal Data (Privacy) Ordinance (Cap. 486)). If you would like a copy of some or all of your personal information, please send an email to info@quinlanandassociates.com. We are entitled to charge up to 100 Hong Kong Dollars to administer such request.

Where you register your details for certain services (for example, our email newsletter or publications) and/or open a user account that you can then use to log on, you may change or update your user name and password or other details at any time via your account. You must make sure that you update your details as soon as possible with any and all relevant changes.

COOKIES AND OTHER SUCH DEVICES

We may obtain information about your general internet usage by using device fingerprinting and/or a cookie file which is stored on the hard drive of your computer or other similar devices. Cookies contain a small amount of information that is transferred to a computer’s hard drive. They help us to improve our Website and to deliver a better and more personalised service.

Cookies that are strictly necessary for the operation of the Website:

Some of the cookies we use are essential for parts of the Website to operate and are already set. These are strictly necessary for the sale of services requested by you and without them the Website cannot operate as intended.  As an example, we may use cookies to make use of e-billing services.

Other uses of cookies (where you have consented to such use):

Where you consent to us doing so, we also use cookies and other such devices to compile anonymous, aggregated statistics that allow us to understand how users use our Website and to help us improve the structure of our Website (we cannot identify you personally in this way). We use cookies and other such devices to allow us to understand who has seen which pages, to determine how frequently such particular pages are visited, to determine the most popular areas of the Website and generally in order to monitor usage of the Website.

Where you consent to us doing so, we may also use cookies and other such devices to:

  • allow you to carry information across pages of our Website and avoid having to re-enter information;
  • within registration to allow you to access stored information;
  • help us recognise you as a unique visitor when you  return to our Website
  • speed up searches; and/or
  • within research surveys to ensure you are not invited to complete a questionnaire too often or after you have already done so.

Other cookies outside of our control:

We may from time to time use external services such as Facebook, Pinterest, LinkedIn, Twitter, Google+ or YouTube, to display certain content on our Website. We cannot prevent such websites from collecting information about your usage of their services on our Website, for example, number of plays of a video.

Like many other organisations, we use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics sets a number of cookies in order to evaluate your use of our Website and enable us to carry out actions including (but not limited to):

  • Tracking the number of visitors to our Website.
  • Monitoring the number of users on our Website at any given time.
  • Analysing popular content on our Website.

Google stores the information collected by these cookies on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using our Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

See this link for how to reject or delete this cookie: http://www.google.com/intl/en/privacypolicy.html

Browser settings:

Most internet browsers are automatically set up to accept cookies, but you can set your browser to refuse a cookie or ask your browser to show you where a cookie has been set up.  Certain services are only activated by the presence of a cookie and, if you choose to refuse cookies, particular features of this Website may not be available to you.

Unless you have adjusted your browser settings so that it will refuse cookies, or confirmed to us that you do not accept our cookies, our system will issue cookies when you visit our Website.

WILL WE SHARE YOUR INFORMATION WITH THIRD PARTIES?

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries for the purposes specified in the section “HOW DO WE USE INFORMATION ABOUT YOU”.

We may pass your information to other parties as follows:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  • if Q&A or substantially all of its assets are acquired by a third party, in which case personal data held by it about you will be one of the transferred assets;
  • we may pass your personal information to our employees, consultants and agents to administer the services provided to you by us now or in the future;
  • we may pass your personal information to our partners for the purposes specified in the section “HOW DO WE USE INFORMATION ABOUT YOU” or otherwise in connection with the operation of our business;
  • some general statistical information about the Website user base, traffic volumes and related matters may be passed on to reputable third parties (such as our suppliers or partners or advertisers) but these details will not include information personally identifying you; and
  • we may disclose your personal information to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms of Use and/or the breach of other terms and conditions otherwise relating to you or otherwise where required by law and we will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching the Terms of Use or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders.

We may provide third parties with aggregate, anonymised information about our users. We may also use such aggregate, anonymised information to help third parties reach the kind of audience they want to target.

We do not pass or sell your personal information to third persons for any other purpose than those set out above.

Always think carefully before disclosing your personal information or other information to other users of the Website or otherwise posting your personal information on the Website. It is important that you are aware that any of your personal information or other information which you disclose to another user may then be disclosed on the Website by that user. We have no responsibility or control over the contents of communications made between users of the Website.

SECURITY/HOW DO WE PROTECT YOUR  INFORMATION

We endeavour to take all reasonable steps to protect your personal information.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website; any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access.

CHANGES TO OUR PRIVACY AND COOKIES POLICY

Any changes we may make to this privacy and cookies policy in the future will be posted on this page and, where appropriate, notified to you by email.

LAW AND JURISDICTION

The Hong Kong courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we both retain the right to bring proceedings against each other for breach of this privacy and cookies policy in your country of residence or any other relevant country.

This privacy and cookies policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.

Terms of Use

These terms of use set out important information regarding your rights, obligations and the restrictions that may apply when you use our website at www.quinlanandassociates.com  (the “Website”). We recommend that you read these terms of use carefully before using the Website.

Any reference to “you” or “your”, means you as a customer of our services and/or as a user of our Website.  Any reference to “we”, “us”, “our” or “Q&A” is to Quinlan & Associates Limited.  You acknowledge and agree that, if applicable, you are responsible for the use of the Website and compliance with these terms of use.

These terms of use govern the relationship between you and us when you access and use our Website.  By accessing and continuing to use the Website, you agree to be legally bound by these terms of use.  Please note that we may update and amend these terms of use from time to time and any changes will be posted on the Website.  However, it is your responsibility to ensure you review these terms of use regularly to familiarise yourself with any changes.  If you do not agree with any of our terms of use then you should not use our Website.

You may be asked to agree to further terms and conditions when using specific services via the Website. If there is any inconsistency between these terms of use and any such terms and conditions, those terms and conditions shall prevail.

These terms may be translated into other languages.  If there is any inconsistency between the English version of these terms and another language’s version of these terms, the English version of these terms shall prevail.

INFORMATION ABOUT US

We operate the Website. We are Quinlan & Associates Limited, a company incorporated in Hong Kong under company number 2348622 and with our registered office at Level 19, Two International Finance Centre, 8 Finance Street, Central, Hong Kong.

ACCESSING OUR WEBSITE AND AVAILABILITY

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us.

While we endeavour to ensure that this Website is normally available 24 hours a day, we cannot promise that our Website will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. The Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.

We shall not be liable for any failure, any suspension or any termination of access to the Website in connection with or arising out of a force majeure event.  In these terms of use, a “force majeure” event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, interruption or failure in communications networks and facilities (including the internet), fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

REGISTRATION

You may be required to register your details and/or open an account to access some areas of the Website, including our email newsletter or publications.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

YOUR USE OF THE WEBSITE

You must comply with our Acceptable Use Policy which form part of these terms of use.

You agree that you will not use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity or that is fraudulent, or has any unlawful or fraudulent purpose or effect.  Furthermore, you agree not to do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access any users’ data or penetrate or circumvent any Website security measures or attempt to do any such acts.

You agree, unless expressly agreed otherwise, not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any of your activities.

You accept that you are able to stop using the Website at any time and at your sole discretion. We reserve the right to suspend, restrict or terminate your access to the Website or any part of it at any time at our sole discretion.

We may also ban or suspend you as a user of the Website if you do not comply with these terms of use and, in such an event, your permission to use this Website shall terminate and you must as soon as reasonably practicable destroy any downloaded or printed extracts from this Website.

COMPENSATION

You agree to compensate and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content you upload, post or email on or through our Website, your use of our Website, or your breach of the provisions of these terms of use.  We agree to use our reasonable endeavours to mitigate our losses.

SANCTIONS

As soon as we are made aware of activities that breach our terms of use or our privacy and cookies policy, prompt action will be taken. If you witness such breaches please notify info@quinlanandassociates.com  immediately.

We may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of our terms of use or our privacy and cookies policy, any applicable laws or regulations, or where our rights or third party rights are threatened or infringed.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all copyright and other intellectual property rights in our Website, and in the material published on it.  Those works are protected by intellectual property laws and treaties around the world.  All such rights are reserved.

The names, images and logos identifying us, companies in our group, our partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.

The contents of the Website including (without limitation) web pages, computer codes of elements comprising the Website, and any software or application provided or licensed to you by us may not be copied, reproduced, communicated and/or made available to the public, republished, downloaded, posted, recorded, broadcast or transmitted or used in any other way except for your own personal, private and non-commercial use, unless otherwise expressly permitted by us.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

This restriction does not include your ability to use any of our “sharing” functions (for example, liking and sharing our Website on Facebook) in accordance with that third party’s own terms and conditions.

OUR WEBSITE CHANGES REGULARLY

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

RELIANCE ON INFORMATION POSTED AND DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we make no promise nor do we give any warranty or guarantee regarding the accuracy and completeness of the material on this Website. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such information, commentary and materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

OUR LIABILITY

Nothing in these terms of use shall exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

If we fail to comply with these terms of use, we shall only be liable to you for any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by us at the time we drafted these Terms of Use.  We will not be liable for losses that result from our failure to comply with these terms of use that fall into the following categories: loss of income or revenue (whether direct or indirect); loss of business (whether direct or indirect); loss of profits (whether direct or indirect); loss of anticipated savings (whether direct or indirect); loss of data (whether direct or indirect); or waste of management or office time (whether direct or indirect). However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories.

Our maximum aggregate liability under or in connection with these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to 24,000 Hong Kong dollars.

The material displayed on our Website is provided “as is” without any guarantees, conditions or warranties (promises) as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties (promises) and other terms which might otherwise be implied by statute, common law or the law of equity.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our privacy and cookies policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you may commit a criminal offence under the Hong Kong Telecommunications Ordinance (cap. 106), the Hong Kong Crimes Ordinance (cap 200) or the Hong Kong Theft Ordinance (cap 210). We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. If you are permitted to link to our Website, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.

If you wish to make any use of material on our Website other than that set out above, please address your request to info@quinlanandassociates.com.

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

SEVERANCE

If any provision of these terms of use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these terms of use which shall remain in full force and effect.

LAW AND JURISDICTION

The Hong Kong courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we both retain the right to bring proceedings against each other for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.

This Website is based in Hong Kong and is intended for users in Hong Kong. We make no representations that the materials and Website are suitable for users outside Hong Kong, and if you choose to access the Website from outside of Hong Kong you are responsible for ensuring compliance with all relevant local laws.

VARIATIONS

We may, acting reasonably, revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

YOUR CONCERNS

If you have any concerns about material which appears on our Website, please contact info@quinlanandassociates.com.

This page was last updated on 14 September 2016.