Insurance Authority
College Collaboration Portal – Terms and Conditions
The following terms and conditions ("Terms and Conditions") shall apply to the use of the Insurance Authority College Collaboration Portal (“Portal”) from time to time made available by the Insurance Authority (“IA”).
For the purposes of these Terms and Conditions, “User" means any supervisors (i.e. college members) who has registered a username and password with the IA to use the Portal.
By accessing the Portal with your username and password, you confirm that you are a User and have read, understood and you agree to be bound by these Terms and Conditions.
1. Using the Portal
1.1 The Portal is to be used by a User for the purpose of enabling the User to, amongst other things:
(a) read and download documents that are available on the Portal; and
(b) share supervisory information to other Users by uploading such information onto the section entitled “Bilateral Regulator Correspondences” on the Portal.
2. Username and password
2.1 The User undertakes to use its username and password in accordance with these Terms and Conditions.
2.2 The username and password are strictly confidential to the User only and must remain in his/her possession and control, and must not be disclosed to any other person or unauthorized personnel/third parties.
2.3 The User shall act in good faith and exercise all diligence in keeping the confidentiality and security of its username and password.
2.4 The User may change its password via the Portal at any time online and any such change will be effective only if accepted by the Portal.
2.5 A number of unsuccessful consecutive login attempts with the User’s username and/or password may cause the User's account to be locked. The User shall unlock the account by following the instructions as shown on the Portal’s login page.
2.6 If the User notes or suspects that its username and/or password have been lost, stolen or are being used by a person other than the User, the User shall change its password immediately and notify the IA as soon as possible.
3. Obligation of User
3.1 When accessing and using the Portal, the User shall:
(a) use the Portal only for lawful purposes;
(b) not further disseminate, distribute or divulge the confidential supervisory information contained in this Portal to any non-Users or any other third parties except with prior written consent of the IA and where relevant, the relevant college member(s);
(c) not interfere with, damage, misuse, disrupt or attempt to gain unauthorized access to the Portal equipment, systems or data used to operate the Portal, or any part thereof;
(d) not transmit any data or any material that contains any harmful programmes, including but not limited to viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware and adware or similar computer code that could adversely affect the operation of any computer software or hardware of the Portal including the IA’s website, equipment or other systems, or any part thereof; and
(e) comply with all requirements, guidelines and user manuals that may be provided by the IA from time to time in relation to the use of the Portal.
3.2 Users shall be responsible for all acts and things done during the use of the Portal.
3.3 Any access to the Portal with the User's username and password shall be deemed the use of the Portal by the User. The IA shall not be under any obligation to investigate or verify the identity and authority of persons using the User's username and password.
3.4 A user guide for the Portal may be made available by the IA to Users and they should follow all relevant instructions in the user manual whenever they use the Portal.
4. Availability of the Portal
4.1 The IA gives no guarantee on the availability of the Portal. The User’s registration of a username and password does not guarantee that the Portal will be available to the User whenever the User wishes to use the Portal.
4.2 The IA may from time to time amend, suspend, interrupt or discontinue access to/operation of the Portal, in full or in part, at any time and without prior notice, for any reason including but not limited to conducting maintenance/enhancement works on the Portal.
5. Personal Data
5.1 All personal data provided by the User to the IA via the Portal shall be treated in compliance with the Hong Kong Personal Data (Privacy) Ordinance (Cap 486) as amended from time to time.
5.2 Information regarding the manner in which the IA may handle such personal data collected from the User is set out in the IA's Personal Information Collection Statement (“PICS”) which is found at the IA’s website (www.ia.org.hk). The User confirms that by accessing the Portal with your username and password, you understand and agree to the contents of the PICS.
5.3 The User may need to read and/or consent to specific PICS when using certain specific functions under the Portal. When there is conflict between a specific PICS and the PICS, the former shall prevail.
6. Disclaimer of Liability
6.1 The information provided by the IA on this Portal is for reference only. Whilst the IA endeavours to ensure the accuracy of the information on this Portal, no express or implied warranty is given by the IA as to the accuracy or completeness of the information. The IA shall not be liable for any loss or damage, whether or not arising from any inaccuracy or omission or from any decision, action or non-action based on or in reliance upon information contained on this Portal howsoever arising from using or in reliance upon the whole or any part of the information on this Portal.
6.2 The Portal contains information uploaded to the Portal, or otherwise provided, by other User(s) (in the capacity as college member(s)) which has not been endorsed by the IA. The IA is not responsible for, and does not give any representation or warranty of any kind (whether express or implied), with respect to the contents or any other aspect of such information.
6.3 The IA is entitled to delete, suspend or edit all information on this Portal at any time at its absolute discretion without giving any reason. Users are responsible for making their own assessments of all information contained on this Portal and are advised to verify such information by making reference to its original publication and obtain professional advice before relying on it.
6.4 The User shall be liable for and shall indemnify the IA and its staff from and against any and all claims, damages, liabilities, losses, costs and expenses (including but not limited to legal expenses) of any kind which arise out of, incurred from or in connection with, whether directly or indirectly, the User's breach of these Terms and Conditions.
7. Suspension and Termination
7.1 If the User breaches any of its obligations under these Terms and Conditions, the IA may, in its sole discretion, suspend or terminate the User's access to and/or use of the Portal without giving any reason and/or prior notice to the User concerned. The IA may inform the User in writing of any such suspension or termination.
7.2 The IA may in its sole discretion terminate or suspend the availability of certain or all functions of the Portal at any time by giving notice in writing on the Portal.
8. Variation
The IA may modify these Terms and Conditions from time to time in its sole discretion without giving any reason and/or prior notice to the User. Any modification shall be available on the Portal. If the User continues to use the Portal, it shall be deemed as the User's acceptance of the revised Terms and Conditions.
9. Severability
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, then to the extent of such illegality, invalidity or unenforceability, such terms or conditions shall be deleted and severed from these Terms and Conditions and the remaining terms and conditions shall remain in full force and effect.
10. Waiver
Any failure by the IA to exercise any of its rights or remedies under these Terms and Conditions shall not constitute a waiver of any such rights or remedies.
11. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. In the event of any dispute arising from or in connection with these Terms and Conditions, the parties shall irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
Personal Information Collection Statement (“PICS”)
This PICS is made by the Insurance Authority (“IA”) to comply with the notification requirements of the Personal Data (Privacy) Ordinance (Cap. 486) (the “PDPO”). You are advised to read it carefully as it sets out the policies and practices of the IA with regard to your personal data (as defined in the PDPO), the purposes for which the IA may collect and use your personal data and the persons to whom your personal data may be transferred.
Purpose of Collection
The personal data provided by you or by any other persons may be used and held by the IA for one or more of the following purposes:
(a) to facilitate the exchange of information and supervisory cooperation among supervisors (i.e. college members) to enhance effectiveness and efficiency of the supervision of the insurance group;
(b) to fulfil the IA’s duties serving as group-wide supervisor and/or member of the supervisory college of the insurance group;
(c) to administer and/or enforce the provisions of any relevant ordinances (including the Insurance Ordinance (Cap. 41)) and any regulations, rules, codes, guidelines and circulars made or promulgated pursuant to the powers vested in the IA as in force at the relevant time and to carry out its functions as a regulator of the insurance industry;
(d) to co-operate with and assist any other regulatory body and/or law enforcement body of Hong Kong, or of any place outside Hong Kong, whenever appropriate, and to the extent permitted by the laws of Hong Kong;
(e) for any statistical and research purposes; and/or
(f) any other purposes as permitted by the laws of Hong Kong.
In general, members of the supervisory college should provide all relevant information which may allow or facilitate supervision on a group-wide basis, in accordance with the terms of reference of the group-wide supervisory college. Failure in the provision of such information may hinder the supervisory college in serving its functions.
Transfer/Matching of Personal Data
In performing the IA’s functions under the relevant laws and regulations, the personal data held by the IA may, for such purposes, be disclosed or transferred to any third parties, including financial regulators in Hong Kong (including but not limited to the Mandatory Provident Fund Schemes Authority, the Securities and Futures Commission and the Hong Kong Monetary Authority), law enforcement agencies, law courts, tribunals and committees and/or other regulators or regulatory/government/judicial bodies as permitted and/or required under the laws of Hong Kong, pursuant to any regulatory/supervisory/investigatory assistance arrangements between the IA and such regulators/bodies (within or outside of Hong Kong) or persons engaged by the IA to assist it in the performance of its functions.
Personal data may also be used by the IA and/or disclosed or transferred by the IA to the parties listed above for the purposes of comparing, verifying and/or carrying out a matching procedure of those data.
Access to Data
Under the PDPO, you have the right to request access to and/or for correction of your personal data held by the IA. Please complete a “Data Access Request Form” (which is available at the IA’s website) and send it by post to the Data Privacy Officer of the IA at 19/F, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong for processing of your request. The IA has the right to charge a reasonable fee for processing any such request.
Enquiries
Any enquiries regarding the personal data collected, used or transferred by the IA, or requests for access to and/or correction of, your personal data held by the IA should be made in writing to:
The Data Privacy Officer
Insurance Authority
19/F, 41 Heung Yip Road
Wong Chuk Hang
Hong Kong
A copy of the IA’s Privacy Policy is made available at the IA’s website.