T2. INFORMATION COLLECTION AND USE PURPOSES
2.1. We collect the following kind of personal information from you (“Collected Information”):§Contact Information, such as name, email address, mailing address, phone number.
The personal information mentioned above includes website users, service users and/or other third parties who may be recognized as being ultimately beneficial owners and members of the company or other associated entities (if any).
2.2. Use Purposes:
We use personal information collected from the clients for the purpose of providing service, in accordance with this Privacy Policy and the Laws, including but not limited to:
Use your data for other purposes facilitating our services delivered to you or other purposes set out in this Privacy policy; and Provide your data as requested by law and the competent authorities.
2.3. How we collect your data:
We collect the information you provide to us in one of the following methods:
Privacy Policy & Terms of Use
Last updated: April 01, 2023
PRIVACY POLICY
3. You will not use this Site or the Services in a manner (as determined by Black Mountain Management in its sole and absolute discretion) that:
4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Black Mountain Management.
5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
6. You will not access Black Mountain Management Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Black Mountain Management may designate.
7. You will not re-sell or provide the Services for a commercial purpose, including any of Black Mountain Management related technologies, without Black Mountain Management express prior written consent.
8. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
9. You are aware that Black Mountain Management may from time-to-time call you about your account, and that, for any such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Black Mountain Management, in its sole discretion, to record the entirety of such calls regardless of whether Black Mountain Management asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Black Mountain Management is a party.
Black Mountain Management reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
This privacy policy describes how Black Mountain Management Limited in Hong Kong (“Black Mountain Management”, “We”, “Us”, “Our”) collects, uses and protects the personal information of the users/clients (“You”, “Your''), including but not limited to the website, platform, other communication/exchange information methods. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.
The personal information that we receive from you during the process of providing services to you will be protected, confidential in accordance with the provisions of the Personal Data (privacy) Ordinance Cap. 486, as amended from time to time, and other relevant regulations.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By continuing to access/use this Website or to use the services we provide, you represent that you acknowledge and agree to the terms of this Privacy Policy.
1. YOUR RIGHTS
Black Mountain Management is responsible for protecting your rights in accordance with the Personal Data (Privacy) Ordinance and other relevant legislations. Accordingly, you are entitled to the following rights:
Please send feedback to request Black Mountain Management fulfill the commitments in this document or as required by law to the email address: office@black-mountain-group.com or via postal mail at the contact information listed below or via other methods on the Contact Us page. We shall consider and respond to your request in the most reasonable time.
8.3. Testimonials:
We may display personal testimonials of satisfied customers on our site in addition to other endorsements. These testimonials are pulled from a third-party service provider, which may ask for your personal information, including your name and email address. Though we do not post the personally identifiable information on our site, if you wish to update or delete your testimonial, please contact the data controller.
8.4. Changes to This Policy:
We may update this privacy policy to reflect changes to our information practices from time to time and publicize them on the site. If we make any material changes we will notify you by means of a notice on this site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
9. CONTACT US
Any enquiries regarding personal data privacy policy and practice may be addressed to us at:
BLACK MOUNTAIN MANAGEMENT LIMITD in Hong Kong
Registered No.: 263 28 76
Terms of Use
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Black Mountain Management Limited (Black Mountain Management) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement set forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are in this website.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL BLACK MOUNTAIN MANAGEMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT BLACK MOUNTAIN MANAGEMENT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BLACK MOUNTAIN MANAGEMENT TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
9. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Black Mountain Management and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Black Mountain Management directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation to any intellectual property or other proprietary rights. The indemnification of obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
We also collect your data through some following Automatic Data Collection Technologies:
Tracking Technologies / Cookies
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.
We use both session ID cookies and persistent cookies to track user behavior and to save the information you put in our forms. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
Web Beacons/Gifs
We employ a software technology called clear gifs (a.k.a. Web Beacons) that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.
Analytics / Log Files
As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information, which does not identify individual users, to analyze trends, administer the site, track users’ movements around the site and gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.
The use of tracking technologies by our service providers, technology partners or other third-party assets (such as those involved in tracking the success of advertising) on the site is not covered by our privacy policy. These third parties may use cookies, clear gifs, images and scripts to help them better manage their content on our site. We do not have access to or control over these technologies. We do not tie the information gathered to our customers’ or users’ personally identifiable information.
Behavioral Targeting / Re-Targeting
We partner with a third-party ad network to either display advertising on our website or manage our advertising on other sites. Our ad network partner uses cookies and Web Beacons to collect non-personally identifiable information about your activities on this and other websites to provide you with targeted advertising based on your interests. If you do not want this information to be used to serve you targeted ads, please let us know.
Please note this does not opt you out of being served to advertise. You will continue to receive generic ads.
5. DIRECT MARKETING
If you wish to subscribe to our newsletter or when you become a Black Mountain Management customer, we will use your name and email address to send you non-transactional, promotional emails from time to time. Out of respect for your privacy, you may choose to stop receiving these emails by following the unsubscribe instructions included in these emails or you can contact us.
6. SECURITY MEASURES
The security of your personal information is important to us. When you enter sensitive information (such as credit card, bank account or proprietary business information) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at office@black-mountain-group.com.
7. DATA RETENTION
Personal data will be retained for the purposes of fulfilling services to clients or other purposes in accordance with the laws required to a Incorporation service provider/Trust Corporation Service provider.
If we receive a request to delete your personal information, we shall consider your request and do the appropriate action. In case, we are unable to do so, we will notify you with the suitable reasons.
Normally, we retain your data for five years after the termination of our contractual relationship, unless we are required to retain your personal data by anti-money laundering legislation or to comply with our legal obligations, resolve disputes, enforce our agreements or other laws to protect Black Mountain Management legal interests.
8. ADDITIONAL TERMS
8.1. Collection of personal data from minors:
Our Website is not intended for children under 18 years of age (“Minor”). We do not knowingly collect personal information from children under 18. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If you believe we might have any information from or about a child under 18, please contact us at office@black-mountain-group.com
8.2. Privacy policies of other third parties:
Our site includes links to the platforms of other third parties whose privacy practices may differ from those of Black Mountain Management. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any platforms you visit.
Copyright © 2023 Black Mountain Management Limited and member company. All rights reserved. I Privacy Policy & Terms of Use
10. EFFECT ON THE PARTIES
This Agreement shall be binding upon and inure to the benefit of the parties hereto. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits unless they are the respective heirs, successors and assigns of the parties in this agreement.
11. COMPLIANCE WITH LOCAL LAWS
Black Mountain Management makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
12. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
13. CONTACT US
BLACK MOUNTAIN MANAGEMENT LIMITD in Hong Kong
Registered No.: 263 28 76
6. ADDITIONAL RESERVATION OF RIGHTS
Black Mountain Management expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services for any reason (as determined by Black Mountain Management in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Black Mountain Management in offering or delivering any Services (ii) to protect the integrity and stability of, and correct mistakes made by, any our partner, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Black Mountain Management, its officers, directors, employees and agents, as well as Black Mountain Management affiliates, including, but not limited to, instances where you have sued or threatened to sue Black Mountain Management.
Black Mountain Management expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.
Black Mountain Management expressly reserves the right to terminate, without notice to you, any Services where, in Black Mountain Management sole discretion, you are harassing or threatening Black Mountain Management and/or any of Black Mountain Management employees.
7. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Black Mountain Management.
Black Mountain Management assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Black Mountain Management does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Black Mountain Management from any liability arising from your use of any third-party website.
Accordingly, Black Mountain Management encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
If Black Mountain Management has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Black Mountain Management reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below), and shopper PIN.
For security purposes, Black Mountain Management recommends that you change your password and shopper PIN at least once every six (6) months for each Account. You must notify Black Mountain Management immediately of any breach of security or unauthorized use of your Account. Black Mountain Management will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Black Mountain Management or others incur caused by your Account, whether caused by you, by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
4. AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with Black Mountain Management. You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers.
5. GENERAL RULES OF CONDUCT
You acknowledge and agree that:
01. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
02. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
The terms “we”, “us” or “our” shall refer to Black Mountain Management The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Black Mountain Management may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.
In addition, Black Mountain Management may occasionally notify you of changes or modifications to this Agreement by email. Therefore, it is very important that you keep your shopper account (“Account”) information current.
Black Mountain Management assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. ELIGIBILITY & AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, BBCIncorp finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations.
Black Mountain Management shall not be liable for any loss or damage resulting from Black Mountain Management reliance on any instruction, notice, document or communication reasonably believed by Black Mountain Management to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Black Mountain Management reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
3. ACCOUNTS & TRANSFER OF DATA ABROAD
Accounts. To access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Black Mountain Management that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.
Social Media Widgets
Our website includes social media features, such as the Facebook and Twitter buttons and widgets, such as the Share This button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing it.
3. INFORMATION SHARING
We may share your personal information with our subsidiaries in order to supply services attached to our business. The exchange/sharing of information between Black Mountain Management and its subsidiaries in the same group, or between subsidiaries, or between director(s)/manager(s) as well as members of these companies will not be identified as sharing information with third parties. In these cases, if the information is transferred to a country or territory outside Hong Kong, we shall take the necessary measures to protect the security of your information, within our ability and efforts in accordance with the standards of the relevant legislation required.
In necessary circumstances, we will have to share/exchange your information with other relevant third-parties for the purpose of supporting the performance of the service requested by you and/or required by the authorities/legislations. More specifically, these third-parties may include the following depending on the circumstances:
Service Providers: We may share your data with service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work.
Frames: Some of our pages utilize framing techniques to serve content from our service providers (such as a payment processor) while preserving the look and feel of our site. Please be aware that you are providing your personal information to these third parties and not to us.
Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company
We may disclose your personal information to other third-parties including but not limited to the competent authorities, business partners, etc. for the purposes of complying with the Laws or to support the performance of our services.
4. DATA ACCESS AND CORRECTION
You should make your data access or correction request by emailing our Customer Support at office@black-mountain-group.com or postal mail at the contact information listed below or on the Contact Us page. We will respond to your request within 30 working days. If you have a Corporate Service Officer assigned, please contact him/her in priority.
When handling a data access or correction request, Black Mountain Management will check the identity of the requester to ensure that he/she is the person legally entitled to make the data access or correction request. Please cooperate/assist us in providing supporting documents in the event that we need more information or documentation to make this determination.