TERMS OF USE & DATA PRIVACY

Term Definitions

"Website" www.asiafirst.net, including the Services offered therein, and any other website(s) from time to time hosted or linked up by GMS and owned by Asia First Ltd and/or its associated or subsidiary company.

"Content" any information, materials, documents, text, images, video clips, directories, files, databases, listings, service, and/or mechanisms provided, produced, hosted by, linked to or accessed through use

"Information" information, data, content, analysis, news, reports, programmes, photographs, pictures, graphics, video, audio, software and other materials and services, communications, transmissions and other items, tangible or intangible

"Personal data" personally identifying information or sensitive data (including but not limited to names, ages, addresses, occupations, contacts, other personal details and credit card information)

"Services" services include information, business events, news and research and such other services as may be offered from time to time on the Website

"GMS/we/our/us" Refers to Asia First Ltd and Global Media Solutions Ltd. Asia First Ltd and/or its associated or subsidiary company is the owner of www.asiafirst.net and publisher, and Global Media Solutions in its role as provider of services to Asia First Ltd in respect of Asia First Brief and www.asiafirst.net.

"Terms of Use" the terms of use for the Website, set forth below, and as amended from time to time

"Third Party Provider" any provider of Information or services (including third party payment processors) on the Website other than GMS

"users/you/your" any person who accesses the Website

PLEASE READ THE TERMS OF USE SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY.

1. Changes to Website

We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Information from the Website, or alter the presentation, substance, or functionality of the Website.

2. Change of Terms

We may amend the Terms of Use from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments.

3. User's Conduct

As a condition of your use of the Website, you must not:

trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
restrict or inhibit any other user from using and enjoying the Website;
post or transmit any unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law;
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
post or transmit any Information or software which contains any virus, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute, exploit or use in any way any Information obtained through the Website for or in connection with the following purposes:

1. conducting any direct marketing activities and/or disseminating or circulating any part of the content of any unsolicited publicity or advertising materials;
2. advertising and/or promoting any goods and services;
3. sale or exchange of any part of the Information obtained through the Website for any benefits, gain, profit or rewards; or
4. any other commercial purposes; and/or
upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or rightholder.

You have no rights in or to the Information available from time to time on the Website and you will not use the Information available from time to time on the Website in any manner or for any purpose, except as permitted under these Terms of Use.

4. Access

We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion.

Whilst we implement appropriate security measures to control access to the Website (please see our Privacy Policy Statement below for further details), you must keep your log-in details (if any) confidential and ensure that only you or your authorized employees access the Services for proper purposes.

5. Third Party Information

The Information may contain Information provided by Third Party Providers or sourced by GMS from other references or sources. The Information on the Website may not be regarded as any recommendation or endorsement by GMS for any purpose with respect to any person, product or service.

GMS is not responsible if any such Information is not up-to-date; GMS does not separately verify such Information. Accordingly we do not accept any responsibility whatsoever in respect of such Information. Any use of and reliance on such Information is at your own risk.

In particular, the views, comments and opinions expressed in the Newsletter do not represent the views of or any endorsement by GMS.

6. Links to and from the Website

The links on the Website may take you to other sites and you acknowledge and agree that GMS and GMS Affiliates have no responsibility for the accuracy or availability of any Information provided by linked websites.

Links to other websites do not constitute an endorsement by GMS of such websites or the Information, products, advertising or other materials available on those websites.

7. Indemnity

You agree to on demand defend, indemnify and hold us and the GMS Affiliates harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any provision in these Terms of Use and/or your use of the Website and /or the Information available from time to time on the Website for any purpose whatsoever (whether or not constituting a breach of any provision in these Terms of Use). We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

8. Intellectual Property Rights

All intellectual property rights subsisting in respect of the Website belong to GMS or have been lawfully licensed to GMS for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of GMS, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

9. Limited Liability and Warranty

All Information available from time to time on the Website is for your general reference only. GMS does not accept any responsibility whatsoever in respect of such Information.

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED "AS IS," "AS AVAILABLE." THE WEBSITE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR WEBSITE. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

Neither GMS nor any of the GMS Affiliates shall guarantee or assume any responsibility that:

the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;
access to the Website will be available or be uninterrupted;
use of the Website or Services will achieve any particular result; or
defects in the Website will be corrected.

Without limiting the generality of the foregoing, in no event will GMS or GMS Affiliates be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the Information or the Services, even if GMS or GMS Affiliates have been advised of the possibility of such loss or damages.

In addition, GMS accepts no responsibility for or liability in respect of Information or services provided by Third Party Providers, nor does it endorse such Third Party Providers. You acknowledge and accept that any dispute in relation to such Information or services is unrelated to GMS and is solely a matter between you and such Third Party Provider.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information and use of the Services. You are responsible to ensure that your use of the Information obtained through the Website and the Services in any way for any purpose whatsoever complies with all applicable legal requirements, including without limitation, the data protection law applicable to you.

Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from GMS as set out in these Terms of Use or the applicable terms, you are advised to contact us via contact us by enquiries@gms-asia.net or by telephone at +63 917 590 6300. No such lack of response shall be deemed to constitute any acquiescence or waiver.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

10. Privacy Policy

For information about our privacy policies and practices, please refer to our Privacy Policy Statement given below. You agree to the use and disclosure of your information in the manner set out in our Privacy Policy Statement (as updated from time to time). Where personal data is collected in connection with the Services, you should also have reference to the relevant user agreements linked to the form through which your personal data is collected.

For information on our use of cookies, please also refer to our Privacy Policy Statement.

11. Partial Invalidity

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

12. Several Users

If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.

13. Miscellaneous

No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

14. Termination

We may, in our sole discretion and at any time, without prior notice to you and without cause, terminate all or any part of our Services to you and consequentially prohibit your right to access to the Services and/or the Website and remove any information and data linked to your profile or registered account.

15. Governing Law and Jurisdiction

These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

Global Media Solutions Limited (referred to as "GMS", "we", "us" and "our") takes individuals' privacy seriously. This Statement explains our policies and practices and applies to information collection and use, including but not limited to, while you are visiting the Website. For the purposes of the relevant data protection laws in force in places including but not limited to Hong Kong and the European Union (the “EU”), GMS, and our Philippines service providers are data controller and/or data user which control the collection, holding, processing or use of your personal data. This Statement is also part of our Terms of Use for the Site as given above.

We respect your privacy and we promise:

to implement computer, physical and procedural safeguards to protect the security and confidentiality of the personal data we collect
to limit the personal data collected to the minimum required to provide services requested by you
to permit only our properly trained, authorized employees to access personal data
not to disclose your personal data to external parties unless you have agreed, we are required by law, or we have previously informed you.

1. Information collection

In order to provide a better service to you, we may, in the course of and in relation to provision of our services or products, collect and process the following information about you:

information (such as, your name, your company name, address, telephone number, mobile phone number, fax number, email address, website, nature of business and product/service details etc. of your company) when you register with us, use our services, attend our functions, or communicate with us. In some circumstances, we may also collect personal identification data such as your passport or identity card number, date of birth and/or nationality for security and verification purposes;
in connection with an account sign-in facility, your log-in and password details;
the content of any communications you send to us, for example, to report a problem or to submit queries, concerns or comments regarding the Site or its content; and
information from surveys that we may, from time to time, run on the Site for research purposes, if you choose to respond to, or participate in, them.

The provision of personal data by you is necessary in order for us to provide you with the requested services and for us to perform our contractual obligations (if any) to you (as one of the legitimate interests of GMS). If you do not supply such data, we may be unable to provide the requested service.

We only retain personal data for so long as it is necessary for the fulfillment of the purpose (including any directly related purpose) for which the data is or is to be used.

In addition, when you browse the Site, we will collect the basic technical information that your browser sends to the Site such as your browser type and language, access times, the address of the site from which you came to the Site, your Internet Protocol (IP) address, or click stream data within our website (i.e. the actions taken in connection with the Site) etc. We collect such technical information during your visit to the Site through our automatic data collection tools, which may include cookies and other commonly used technologies. We collect such data for the purpose of improving the functionality of the Site. Further information on cookies is set out below.

2. Use of information

The purposes for which information may be used by us in and outside Hong Kong include:

processing application, subscriptions and enquiries to us or to site and newsletter advertisers and sponsors
providing services and information offered through the Site
our operations, e.g., incorporation into our database, analysis, research and auditing
notification of GMS events or those of our advertisers or sponsors around the world
distribution of GMS publications and research materials (and those of our business partners and counterparts)
marketing GMS services or products (and those of our business partners and counterparts engaged in similar or peripheral activities)
complying with laws, regulations or codes of practice in or outside Hong Kong or other required jurisdictions
legal proceedings, including collecting overdue amounts
other purposes directly relating to the activities identified above
prevention or detection of crime, and protection of the security and safety of our services and events
verification of identity in events organised by us where it is necessary to verify your identity
processing admission to events whether organized by GMS solely, or in conjunction with co-organizers

Your personal identification data such as date of birth and nationality (if collected by us) will be used solely for the purpose above. Your photo, passport or identity card number & copy will be used solely for the purposes above.

We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication whether now or hereafter known, or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge. If applicable law requires that we receive your explicit consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your explicit consent.

3. Disclosure

We will keep the personal data we hold confidential but may provide your personal data to:

personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services
our overseas offices, co-organizers of events, affiliates, and business partners
persons under a duty of confidentiality to us
persons to whom we are required to make disclosure under applicable laws in or outside Hong Kong or legally required jurisdictions
actual or proposed transferees or participants of our services

We may provide your personal data as required or permitted by law to comply with a summons, subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others, including but not limited to advisers, law enforcement, judicial and regulatory authorities in or outside Hong Kong. We may also transfer your personal data to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or a part of our business, whether by merger, acquisition, reorganization or otherwise.

To prevent and detect crimes and to protect the security and safety of our events and trade fairs, we may provide your personal identification data such as your full passport/identity card no., date of birth and nationality to the law enforcement authorities in Hong Kong including the Hong Kong Police Force, Immigration Department, Customs and Excise Department and other similar authorities upon their lawful request (but not to any other third party save as expressly specified below).

We may also provide your passport or identity card number to personnel, agents, auditors, contractors and service providers in connection with the organization of our events, persons under a duty of confidentiality to us and /or persons to whom we are required to make disclosure under applicable laws in or outside Hong Kong.

4. Cookies

Cookies are small, sometimes encrypted text files that are stored on computer hard drives by websites that you visit. They are used to help you to navigate on websites efficiently as well as to provide information to the owner of the website. Cookies do not contain any software programs. There are two general types of cookies, session cookies and persistent cookies. Session cookies are only used during a session online and will be deleted once you leave a website. Persistent cookies have a longer life and will be retained by the website and used each time you visit a website. Both session and persistent cookies can be deleted by you at anytime through your browser settings and in any event, will not be kept longer than necessary.

We use cookies to find out more about the use of our Site and user preferences to improve our services. We may provide summarized traffic data to advertisers solely for the purpose of customizing the advertising to you. We note traffic, pages visited and time spent. We store your shopping cart and wish list for your later use. We may link the information to you, so that you may receive information more suited to your interests.

Web browsers often allow you to erase existing cookies from your hard drive, block the use of cookies and/or be notified when cookies are encountered. If you elect to block cookies, please note that you may not be able to take full advantage of the features and functions of the Site. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, please visit www.allaboutcookies.org. Cookies are necessary for some features of the website to work, e.g., to maintain continuity during a browser session.

We use an email delivery and marketing company to send emails that you have agreed to receive. Pixels tags and cookies are used in those emails and at our Site to help us measure the effectiveness of our advertising and how visitors use our web site.
We may use a third-party advertising company to serve ads when you visit our Site. This company may use information (not including your name, address, email address or telephone number) about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique "cookie" on your browser. If you would like more information about this practice and to know your choices about not having this information used by this company, please refer to the cookie policy of respective company directly.

5. Security

Personal data stored electronically are password-protected. Encryption technology is used on our secured web areas. Our computer systems are placed in restricted areas. We only permit authorized employees to access personal data. These employees are trained on our privacy policies.

6. Hyperlinks

The Site may, from time to time, contain links to external sites operated by third parties for your convenience. We have no control of and are not responsible for these third party sites or the content thereof. Once you leave the Site, we cannot be responsible for the protection and privacy of any information which you provide to these third party sites. You should exercise caution and look at the privacy statement for the website you visit.

7. Changes

We may update this Statement. When we do, the changes will be posted on www.asiafirst.net/terms-of-use-data-privacy.

8. Data transfers

We will generally hold your data on our servers hosted in our back office in the Philippines. However, we may transfer it to our overseas offices elsewhere in the world for the purpose of processing into our database or to any of the people listed at paragraph 3 above, who may be located elsewhere. If you are located in the European Economic Area (“EEA”) your personal data may be transferred to countries located outside the EEA which do not provide a similar level of protection to that provided by countries in the EEA. Such transfers will only be made in accordance with applicable laws including where necessary for us to comply with our contractual obligations with you. We will take all steps reasonably necessary to ensure that any personal data are treated securely and in accordance with this Statement.

9. Your data privacy rights

By using our service, making an application or visiting our Site, you acknowledge the collection and use of your personal data by us as outlined in this Statement. If you do not agree with the use of your personal data as set out in this Statement, or the Terms of Use, please do not use this Site.

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.

If you are in an EU Member State, subject to certain limitations 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; and
to the right to data portability.

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.

If you wish to exercise one of the above mentioned rights, cease marketing communications, and/or raise questions or complaints please contact us at:

Data Privacy Officer
Global Media Solutions Data Services

c/o Kawayan San Roque, Gorordo Avenue, Lahug, Cebu City, Cebu 6000, Philippines

Tel: (63) 917 3180 0837
E-mail: enquiries@gms-asia.net

Where permitted by law to do so, we may charge a reasonable fee for processing a data access request.

Last updated on 27-12-2022