LEGAL

PRIVACY POLICY

This privacy policy describes how PORTS (including but not limited to Ports Asia Holdings Hong Kong Limited, Ports 1961 Italia S.R.L. and Ports of Knightsbridge Limited) (collectively "PORTS", "we," "our," or "us") collect, use, and disclose personal information about you, how we protect personal information, and your rights in relation to personal information. We may obtain this information through our website https://www.ports1961.com/, any website that links to this policy and when you provide information to us directly (collectively, we call the ways we collect information from you the "Services"). By using the Services, you acknowledge that we will handle information as described in this privacy notice, which may be amended from time to time.

Personal information is information, or a combination of pieces of information that could reasonably allow you to be identified.

1. What Personal Information do we collect?

1.1 Information You Provide

(a) We will collect personal information about you from a variety of sources, including information we collect from you directly, for example when you sign up to receive our Services, when you contact us and when you enter into agreements with us.

(b) Note that we may be required by law to collect certain personal information about you, or as a consequence of any contractual relationship we have with you. Failure to provide this information may prevent or delay the fulfilment of these obligations. We will inform you at the time your information is collected whether certain data is compulsory and the consequences of the failure to provide such data.

(c) The categories of information that we collect directly from you, or that we generate through entering into agreements with and providing services to you, are:

(i) Personal details (e.g. name, date of birth, employer's information, business information)

(ii) Contact details (e.g. phone number, email address, postal address or mobile number)

(iii) Business information (e.g. employer name, job title, professional qualifications

(iv) Transactional information (e.g. information about the Services you request or provide, information relating to any of your requests, queries or complaints);

(v) Your preferences for particular products or services when you tell us what they are; and

(iv) Your contact with us -- such as a note or recording of a call you make to one of our staff members, an email or letter you send to us or other records of any contact you have with us.

1.2 Information Automatically Collected about You

(a) We automatically collect certain technical information from your computer or mobile device over time when you use these devices to access the Services, and will collect this technical information across different websites.

(b) The categories of personal information we collect about you automatically include:

(i) Browser details (e.g. Internet Protocol address, your browser type);

(ii) Device details (e.g. device model, MAC address, advertising identifier, operating system);

(iii) Precise real-time location information from your device's GPS. We will only collect this information with your consent. Once you have consented to this, you can adjust this consent by managing your location settings through your device or browser; and

(iv) Usage details (e.g. search requests and results, application usage data, and suggestions based on user actions).

(c) Some of this information may be collected through the use of "cookies" or similar technologies such as pixels, clear gifs or device fingerprints (together referred to as "cookies"). Cookies are small files that a site or its service provider may transfer to your computer's hard drive through your Web browser that enables the site's or service provider's systems to recognize your browser and capture and remember certain information.

1.3 Special categories of personal data

(a) We do not normally process any special categories of personal data (i.e. data concerning race, ethnic origin, politics, religion, trade union membership, genetics, biometrics (where used for ID purposes), health, sex life or sexual orientation) unless you voluntarily supply us with such data.

(b) If you supply us with any special category data, we will process such data in accordance with the law and only for the specific purpose for which you have supplied it (for example, if you tell us that you have a disability which means we need to make adjustments to the way in which we communicate with you).

2. Cookies and Similar Technologies

2.1 A cookie may be a 'session' cookie, that is, a cookie that remains on your device or browser while you are logged on to a particular web site and then disappears when you close your browser, or it may be a 'persistent' cookie, a cookie that remains on your browser over a period of time. Information from a cookie may be collected and used in aggregate form. Some cookies are placed directly by us, and others are placed by third party companies. Where they are placed by third party companies, they will be subject to the privacy policies of those third parties.

2.2 Some cookies are served directly by us, and others are served by third parties, such as by advertising and data analytics providers. We may use the following types of cookies:

(a) Essential cookies: these are operationally necessary for the functionality of the Services.

(b) Analytics cookies: we may use cookie analytic tools to collect information on how our Services are used and to report on our Services' usage statistics.

(c) Advertising cookies: we may work with third party advertising networks that collect information using cookies to help make the advertising you see on our Services and elsewhere on the internet more relevant to you, and to measure the effectiveness of the advertising on the Services.

2.3 You can make choices in relation to whether you accept cookies as described in the 'How To Manage Your Cookie Preferences' section below.

3. How do we use your information?

3.1 We use your personal information to:

(a) provide you with products, services, or information you request, in order to meet our contractual obligations to you pursuant to any agreement between us; deal with your enquiries and requests;

(b) respond to your customer service requests and to communicate with you regarding your orders, or use of the Services, including by email or phone;

(c) comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies;

(d) where we are permitted by law to do so (which in some circumstances may require that we obtain your consent in advance), deliver marketing communications, promotional materials, event invitations, or advertisements that may be of interest to you;

(e) allow us to improve the Services and the services we provide, such as by better tailoring our content to our users' needs and preferences;

(f) generate and analyze statistics about your use of the Services;

(g) protect our rights, the integrity of the Services, or your safety or the safety of others;

(h) detect, prevent, or respond to fraud, intellectual property infringement, violations of our company policies, violations of law, or other misuse of the Services; and prevent and detect fraud or recover debts.

3.2 Unless otherwise described above, we will use the information in this way to meet our legitimate business interests. We have an interest in improving the functionality of the Services (through tailoring content, and analyzing statistics) to make sure you have the best experience using the Services, and an interest in communicating with you (through marketing, responses to customer service requests and content delivery) in a way that is most useful to you. We also have an interest in protecting our rights and upholding the law.

3.3 You can contact us using the details set out below for more information about our legitimate interests and the measures we have taken to ensure your rights are not infringed. Subject to local law, you can also object to any processing which we carry out on the basis of our legitimate interests.

3.4 We may also combine or aggregate any of the information we collect through the Services for any of these purposes.

3.5 We may obtain your consent to collect and use certain types of personal information when we are required to do so by law. If we ask for your consent to process your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this privacy notice.

4. The Basis on which we use your personal information

4.1 We must have a legal basis to process your personal information. In most cases the legal basis will be one of the following:

(a) To fulfil our contractual obligations to you, for example to provide the Services, to ensure that invoices are paid correctly, and to ensure you are able to access our Services when required. Failure to provide this information may prevent or delay the fulfilment of these contractual obligations.

(b) To comply with our legal obligations and enable our affiliates to comply with their legal obligations (which may apply under the laws of other countries around the world), for example, obligations relating to financial reporting and court orders.

(c) To meet our legitimate interests, for example to understand how you use our services, to enable us to recover debt, and to enable us to derive knowledge from that to enable us to develop new products and services. When we process personal information to meet our legitimate interests, we put in place robust safeguards to ensure that your privacy is protected and to ensure that our legitimate interests are not overridden by your interests or fundamental rights and freedoms. For more information about the balancing test that we carry out to process your information to meet our legitimate interests, please contact us at the details below.

2 How do we disclose your information?

2.1 Except as otherwise described in this privacy policy, we do not sell, trade, or otherwise transfer to outside parties any personally identifiable information we collect through the Services unless we provide you with advance notice. Otherwise, we may disclose information we collect through the Services to:

(a) Service providers and business partners. We may share your personal information with our service providers and business partners that perform data management, network and marketing services and other business operations for us. For example, we may partner with other companies to process secure payments, fulfil orders, optimize our services, send newsletters and marketing emails, support email and messaging services and analyse information.

(b) PORTS group companies. We work closely with other businesses and companies that fall under PORTS worldwide. We may share certain information about the services you use, your location, and your contact information for marketing, administrative and internal reporting purposes.

(c) Law enforcement agency, court, regulator, government authority or other third party. We may share your personal information with these parties where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.

(d) Asset purchasers. We may share your personal information with any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this privacy notice.

2.2 We may also provide information we collect through the Services which has been anonymized to the extent that you are no longer identifiable to third parties for marketing, advertising, or other uses.

2.3 Because we operate as part of a global business, the recipients referred to above may be located outside the jurisdiction in which you are located (or in which we provide the services). See the section on "International Data Transfer" below for more information.

3. Your rights over your personal information

3.1 You have certain rights regarding the personal information we hold about you, subject to local law. These include, to:

(a) access your personal information;

(b) rectify the information we hold about you;

(c) erase your personal information;

(d) restrict our use of your personal information ;

(e) object to our use of your personal information;

(f) receive your personal information in a usable electronic format and transmit it to a third party (right to data portability); and

(g) lodge a complaint with your local data protection authority.

3.2 If you would like to discuss or exercise such rights, please contact us at the details below. You also may also object to our uses of your personal information as described above.

3.3 Where you have provided your consent to any use of your personal information, you can withdraw this consent at any time.

3.4 If at any time you would like to unsubscribe from receiving future marketing emails, you can email us at info@ports1961.com Alternatively, you may follow the instructions at the bottom of each email and we will promptly remove you from all marketing correspondence.

3.5 We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.

4. How to Manage Your Cookie Preferences

4.1 At any time, you have the option to accept or decline the use of cookies/pixel tags by changing your browser application settings.

4.2 Most browser applications automatically accept cookies but you can set it to receive an alert each time an operator tries to send you cookies/pixel tags, and/or prevent it from accepting them. On most browsers, the "Help" portion of the toolbar will tell you how to prevent it from accepting cookies, how to have it notify you when you receive cookies/pixel tags, or how to disable cookies/pixel tags altogether.

4.3 Below are pages describing these settings in more detail for each browser:

(a) Chrome (b) Firefox (c) Internet Explorer 7 and 8 (d) Internet Explorer 9 (e) Safari (f) Opera

4.4 If you use multiple browsers (e.g. Internet Explorer, Google Chrome, Firefox, etc) you must repeat this procedure with each one, and if you connect to the web from multiple devices (e.g. from work and at home), then you will need to set your preferences on each browser on each device.

4.5 Please note that if you disable completely cookies from the browser, then it is possible that some parts of our website will not function properly such as the normal surfing of the site, the purchase activity, and finally you may also lose any personalized activity such the advertising you receive when you visit this website will not be tailored to your interests.

5. How to disable third party cookies and advertising or targeting cookies

5.1 You may learn how to disable third party cookies and advertising or targeting cookies on your computer by checking http://youronlinechoices.com/.

6. How do we protect your information?

6.1 We maintain administrative, technical, and physical security measures designed to safeguard the information collected by the Services. These measures are aimed at ensuring the on-going integrity and confidentiality of personal information. We evaluate these measures on a regular basis to ensure the security of the processing. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks.

6.2 We will keep your personal information for as long as we have a relationship with you, and generally for a period of 3 years thereafter. We will only retain your personal information after this time if we are required to do so to comply with the law or the authorities, or if there are outstanding claims or complaints that will reasonably require your personal information to be retained. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.

International Data Transfer

Your personal information may be transferred to, stored, and processed in Hong Kong, the United States and other countries.

Some of these countries may not be regarded as providing the same level of protection for personal information as the laws of your country. In such cases, we have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information.

For more information on the above data transfer and the appropriate safeguards in place, please contact us at the contact information set forth below.

Changes to this Privacy Policy

We may modify or update this privacy notice from time to time.

If we change this privacy notice, we will post a notice on our website or otherwise notify you of the changes. Where changes to this privacy notice will have a fundamental impact on the nature of the processing or otherwise have a substantial impact on you, we will give you sufficient advance notice so that you have the opportunity to exercise your rights (e.g. to object to the processing).

Contact Us

You may request a copy of this privacy notice from us using the contact details set out above.

If you have questions or concerns regarding the way in which your personal information has been used, please contact us at info@ports1961.com.

You may direct a complaint concerning compliance with the Privacy Policy to us. The complaint must be in writing. Within a reasonable time of receipt of the complaint, we will conduct an investigation into the complaint. The format of this investigation will vary depending on the circumstances. We will inform you, either orally or in writing, of the result of its investigation and any appropriate measures we will take to rectify the source of the complaint if necessarily required.

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you have the right to make a complaint to the data protection authority of the country in which you live using their website.

TERMS & CONDITIONS

Welcome to www.Ports1961.com. Ports 1961 is operated by Ports Asia Holding (Hong Kong) Limited. When using the Ports 1961 website, you are subject to the policies, terms, and conditions applicable to this site. We reserve the right to change any of the information on www.Ports1961.com and these terms and conditions at any time. By accessing or otherwise using www.Ports1961.com you are indicating your agreement to the Terms and Conditions contained herein. Please read them carefully.

 

USE OF PORTS1961.COM

By using www.Ports1961.com, you represent and warrant that you are more than 18 years of age or are visiting www.Ports1961.com with the permission and supervision of a parent or guardian. Subject to these Terms and Conditions, Ports 1961 hereby grants you a limited, revocable, non-exclusive license to access and use the www.Ports1961.com website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from the Ports 1961 website unless expressly permitted by Ports 1961. Ports 1961 reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to www.Ports1961.com.

 

USER REVIEWS, PHOTOS & COMMENTS

Anything posted or otherwise submitted to Ports 1961 whether on the Ports1961.com website, through a mobile application, blog or via any form of social media (including by submitting an image to your social media using #Ports1961 or other Ports 1961 branded hashtag), will be treated as public and non-proprietary. By submitting photographs, comments or other materials to Ports 1961, you grant Ports 1961 a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Ports 1961’s sole and exclusive property. In addition, when you post photographs, reviews or comments to Ports 1961 or on any of Ports 1961’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to Ports 1961.

 

INTELLECTUAL PROPERTY RIGHTS

All graphics, images and content on the www.Ports1961.com website, blog and mobile application belong exclusively to Ports 1961, or its affiliates. The use of any Ports 1961 trademarks or service marks without Ports 1961’s express written consent is strictly prohibited. You may not use Ports 1961’s trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Ports 1961. In addition, you may not use any of Ports 1961’s trademarks or service marks in meta tags without Ports 1961’s explicit prior consent.

 

PRIVACY & COOKIES

Please review our Privacy & Cookies Policy

 

DISCLAIMER; LIMITATION OF LIABILITY; RISK OF LOSS

To the full extent permissible by applicable law, we disclaim all Warranties, express or implied, including, but not limited to, Implied warranties of merchantability and fitness for a Particular purpose, noninfringement, title, quiet enjoyment, Data accuracy and system integration. This site may include Inaccuracies, mistakes or typographical errors. We do not Warrant that the content will be error free or uninterrupted. To the maximum extent permitted by law, we will not be liable For any damages of any kind arising from the use of this site, Including, but not limited to indirect, incidental, punitive, Exemplary, special or consequential damages. To the maximum Extent permitted by applicable law, our total liability to you For any damages (regardless of the foundation for the action) Shall not exceed in the aggregate the amount of fees actually Paid by you to us during the month immediately preceding the Act allegedly giving rise to our liability.

 

ERRORS

Accidents happen. In the event that a product is listed incorrectly (e.g. price or description) due to a typographical error or other mistake, we reserve the right to refuse or cancel any orders that may have been placed for such a product listed. If you have been charged for such an erroneous purchase, we shall issue a credit to your original method of payment for the full amount of the charge.

 

OUTSIDE LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

 

COPYRIGHT COMPLAINTS

Ports 1961 deeply respects the intellectual property of others. Please contact info@ports1961.com if you believe that any content on www.Ports1961.com constitutes an infringement of your copyrights.

 

APPLICABLE LAW; DISPUTES; REMEDIES

The laws of the Hong Kong Special Administrative Region of the People’s Republic of China will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your visit to the www.Ports1961.com website or products purchased on www.Ports1961.com shall be submitted to confidential arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules, except in regards to issues regarding violations of Ports 1961’s intellectual property rights, which we may seek relief from in any state or federal court in Hong Kong Special Administrative Region of the People’s Republic of China. By using the www.Ports1961.com website, you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the Hong Kong Special Administrative Region of the People’s Republic of China By using www.Ports1961.com you agree that Ports 1961’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate. As such, Ports 1961 shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

 

For any enquiries contact us at: info@ports1961.com

Business address: Suite 2702, 27/F., Hysan Place, 500 Hennessy Road, Causeway Bay, Hong Kong