Service Providers Directory

Preamble

Invest Hong Kong (hereafter “InvestHK”) maintains a Service Providers Directory at https://www.investhk.gov.hk (hereafter “the Directory”) to facilitate its clients and potential Chinese Mainland and overseas investors, etc. to procure relevant business services in setting up or expanding their operations within and outside Hong Kong.

By accessing the Directory or any of its webpages, you unconditionally agree to the terms and conditions set out in this document as they may be updated from time to time by InvestHK without prior notice to you. Please check the Directory regularly for any updates which may be made.

In particular, for users representing service provider companies applying for registration with the Directory or have already registered in the Directory, the Terms and Conditions for Service Providers under Section B of this document are also applicable. By submitting or making any update to the information about your company on the Directory, you and your company unconditionally agree and confirm that the Terms and Conditions for Service Providers are fully understood, complied with, and agreed by the company concerned. You also confirm that your company and all your company’s sub-contractors, if any, have met all the regulatory requirements as elaborated in clause 4 of the Terms and Conditions for Service Providers below.

If there is any conflict between the Chinese and English versions of this Terms and Conditions, the English version will prevail.

Section A. Terms and Conditions for All Users

Disclaimer

1. Unless provided otherwise in these terms and conditions and whether or not you are our intended users, the information on the Directory is provided to you on an “AS IS” basis without any express or implied warranty of any kind (e.g. regarding the standing or credit of any person or company) and is provided for a general, indicative purpose only. In particular, InvestHK does not make any express or implied warranty as to the accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness or freedom from computer virus in relation to such contents. InvestHK will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information, and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the information delivered on or inability to use the Directory.
2. The Directory may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, the Directory may provide or assist in providing links to external websites through its webpages. InvestHK states that it has not approved or endorsed the materials contributed by third parties on the Directory or any external websites linked to this site. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with InvestHK of any such third parties or external websites. Provision of, or assistance in providing, materials contributed by third parties on the Directory or links to external websites gives rise to no statement, representation or warranty, express or implied, that InvestHK agrees or does not disagree with the contents of any such materials or external websites and InvestHK will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, 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 delivered on or via the Directory or inability to use any of them.
3. InvestHK is not responsible for any loss or damage whatsoever arising out of or in connection with any information on the Directory, in particular as all service providers registered with and featured in the Directory are neither affiliates nor endorsed service providers of InvestHK. InvestHK reserves the right to omit, suspend or edit all information on the Directory at any time in its sole discretion without giving any reason or prior notice. You are responsible for making your own assessment of all information contained on the Directory and shall verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.
4. The Directory has included links to external websites and other content to help users better understand the service providers registered. The inclusion of such links and content does not imply any endorsement of any material on linked sites or recommendation of that company or service provider over another.

Copyright

5. Unless otherwise indicated, the contents found on the Directory are subject to copyright owned by either the Government of the Hong Kong Special Administrative Region (“the Government”) or respective third party owners.
6. Prior written consent of InvestHK is required if you intend to reproduce, distribute or otherwise use any InvestHK’s contents (including but not limited to photographs, graphics, drawings, diagrams, audio files and video files) found on the Directory in any way or for any purpose. Such requests for consent shall be addressed to InvestHK via email at enq@investhk.gov.hk.
7. Where third party copyright is involved in the contents found on the Directory, authorisation or permission to reproduce or distribute or otherwise use any such contents must be obtained from the copyright owners concerned.
8. If you intend to reproduce, distribute or otherwise use any contents on any linked websites, you shall obtain all necessary authorisation or permission from the copyright owners concerned.

Privacy Policy

9. Except for data (including personal data) provided by the service providers which would be the responsibility of the service providers concerned, InvestHK is committed to ensuring that all other personal data provided and/or held in the Directory are handled in accordance with the relevant provisions of the Personal Data (Privacy) Ordinance.
10. In order to provide a better service to you, we may collect information when you visit the Directory, use our services, register with us or communicate with us. The typical types of information held by the Directory are basic contact details (such as name, job title, company name, address, email, and telephone numbers) and your areas of interest e.g. services and industries, etc.
11. The main purposes for which personal data are kept and used by the Directory include:
    • to provide services or information to facilitate companies to set up or expand their business operation in Hong Kong; and
    • to mail communications, invitations and such like as you may select, request or as we may consider to be relevant to you.
12. The Directory uses cookies to help us gauge what information is most useful to which users and such like. Cookies, however, keep the identity of our individual website users anonymous. For details, please see InvestHK’s website on “Privacy Policy” at https://www.investhk.gov.hk/en/privacy-policy/.
13. Apart from data provided by service providers which may be intended for sharing with other users, the data collected in the Directory will be kept confidential. InvestHK will not divulge or sell personal details to external parties for their own purpose. InvestHK may provide contact information to:
    • agents, contractors and personnel who provide services to InvestHK (for example, to the contractor engaged by InvestHK to host and administer the Directory); and
    • companies and individuals (including but not limited to InvestHK’s clients and potential Chinese Mainland and overseas investors) requiring information of service providers.
14. While this would not apply to data (including personal data) provided by service providers which may be intended for sharing with other users, only authorised people have access to, custody of and the means of using personal data that the Directory collects. InvestHK promotes a privacy-aware culture that respects and is sensitive to the rights of its external contacts.
15. Data captured on-line via the Directory are retained on the premises of the Government. Storage on server is protected in accordance with the requirements of the Government which protect against unauthorised or accidental access, processing, erasure or other use.
16. Except for data (including personal data) provided by service providers which are maintained by the service providers themselves, the Directory retains personal data so long as the data are still required for the purposes mentioned above.
17. While these would not apply to data (including personal data) provided by a service provider which would be the responsibility of the service provider concerned, an individual may request access to his personal data otherwise held by the Directory pursuant to the Personal Data (Privacy) Ordinance. A charge may be imposed to cover the cost of photocopying personal data at the rate as approved by the Secretary for Financial Services and the Treasury. In addition, an individual may also request correction of his personal data held by InvestHK if he considers the data are inaccurate.
18. Under the Hong Kong Personal Data (Privacy) Ordinance, you have the right:
    • to check whether we hold personal data about you and to access such data;
    • to require us to correct inaccurate data;
    • to ascertain our policies and practices in relation to personal data and the kind of personal data held by us.
19. If you are in an EU Member State, subject to certain limitation and/or restrictions, you have the right under the data protection laws in the EU:
    • to request access to and rectification or erasure of your personal data;
    • to obtain restriction of processing or to object to processing of your personal data;
    • to the right to data portability
20. Individuals in the EU also have the right to lodge a complaint about the processing of their personal data with their local data protection authority.
21. While data (including personal data) provided by service providers are maintained by the service providers themselves, correction of personal data otherwise held by the Directory may be made in writing or on a form specified by us. Request for data access should be made on a standard request form which can be obtained from InvestHK’s Head Office on 25/F, Fairmont House, 8 Cotton Tree Drive, Central, or downloaded via https://www.investhk.gov.hk/en/access-to-information/. Please contact the following officer of InvestHK for request relating to access and correction of your personal data held by InvestHK:

    Departmental Secretary
    Invest Hong Kong
    25/F Fairmont House
    8 Cotton Tree Drive
    Central
    Hong Kong
    Tel No.: (852) 3107 1073
    Data-protection@investhk.gov.hk

22. For enquiries and requests in relation to data (including personal data) provided by a service provider, please approach the concerned service provider direct.

Section B. Terms and Conditions for Service Providers

1. The information provided by service providers may be used by InvestHK and the contractor for the purposes of compiling, preparing, incorporating in or building up any of its database (including the Directory), lists, reference materials. The collected information will be published in the Directory for InvestHK’s clients or public access. It may be used for any other purposes as stated in the Privacy Policy provisions set out at Section A above.
2. Service providers are reminded not to go beyond the original scope of our mechanism to seek any (promotional) advantage from the registration status; and must not use the name / logo of InvestHK in any of their own marketing or communication channels / efforts, or represent themselves as affiliates of or have been endorsed by InvestHK. Any registered service provider which fails to abide by this requirement will be considered for removal from the Directory.
3. By submitting and making any update to the information of their company as well as their clients on the Directory, the service provider concerned confirms that it has obtained the consent of each individual and entities included in the profile for releasing his/her/their information, copyright content, and personal data for the purposes stated herein.
4. Companies that apply to become service providers of the Directory must ensure that:

   (a) they and their sub-contractor(s) have no criminal, insolvency and/or bankruptcy records and fulfil the following requirements:

   • possessing a valid Hong Kong Business Registration Certificate;
   • having a physical presence in Hong Kong (i.e. Hong Kong office and staff);
   • having a company website which clearly describes the company’s scope of services and profile with full Hong Kong contact details including office address, telephone number and email address/online contact form;
   • meeting all the regulatory requirements (i.e. including but not limited to having obtained the required permit(s) and/or licence(s) and/or certificate(s)) for offering the products and/or services in Hong Kong; and

   (b) they select no more than three service categories / sub-categories that best represent their predominant services as their service offerings in the registration form.

5. Service providers should ensure that information provided in all parts of the Directory is true, complete and accurate. Registered service providers should ensure that their profile in the Directory is up-to-date to reflect any subsequent changes to such information.
6. InvestHK reserves the right to refuse registration of any companies, edit the content of any company profiles and remove any companies from the Directory in its discretion, or pursue any and all available administrative actions and legal remedies without giving any reason or prior notice especially where a service provider is found or suspected to have provided false, inaccurate or incomplete information.
7. Any attempt to offer advantage (as defined in the Prevention of Bribery Ordinance (POBO) (Cap. 201 of the Laws of Hong Kong)) to any staff/members of InvestHK and/or the contractor with a view to influencing the outcome of this registration or any matters in relation to the Directory service constitutes an offence under POBO and renders the registration invalid. These cases will be reported to the Independent Commission Against Corruption (ICAC). Any approved registration will be cancelled and the applicant will be liable for all losses and expenses incurred by InvestHK as a result of the offence. Application for this registration is free of charge, applicants should report to ICAC (Telephone No.: (852) 2526 6366) if they suspect any corruption and if any staff and/or agent of InvestHK and/or the contractor solicit an advantage from them in relation to this registration. Applicants should also advise their employees, subcontractors, agents and other personnel who are in any way involved in their business that they are required to observe the related anti-bribery requirements of POBO when providing services to any clients who are referred via the Directory.