Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms set out the terms and conditions (the “terms of use”) for using our website www.canopycareers.com and the desktop and mobile application relating to recruitment operated by Canopy (collectively, the “Site”).

1. Who we are and how to contact us The Site is operated by Creative Sheen Limited, a Hong Kong company and its associated companies (collectively, “Canopy”, “we”, “our” or “us” as the context requires). To contact us, please email info@canopycareers.com.

2. By using our Site you accept these terms By accessing or using this Site in any way, including completing the registration process and / or merely browsing the Site, you confirm that you accept the terms and conditions for accessing the Site as set out in these terms of use.

3. We may make changes to these terms We may amend these terms of use from time to time. Every time you wish to use our Site, please check these terms of use to ensure you understand the terms that apply at that time.

4. We may suspend or withdraw our Site Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

We will try to give you reasonable notice of any suspension or withdrawal.

5. Intellectual property We are the owner or the licensee of all intellectual property rights in our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You are responsible for your use of the Site and for any use of the Site made using your account. You agree not to access, copy, or otherwise use the Site, including our intellectual property and trademarks, except as otherwise authorized in writing by Canopy.

When using Canopy, we ask you to act reasonably and responsibly with us and with others. Your continued access to our Site is contingent on your agreement to act in a proper manner. When using our Site:

6. Termination of use of the Site Canopy may terminate your account and/or use of the Site for violating one or more of your responsibilities, for violating applicable Hong Kong law, any other provision in these terms of use, or for any other lawful purpose or at our discretion, with or without notice.

7. Do not rely on information on this Site The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice for taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate or up to date.

Where our Site contains links to other sites and resources provided by third parties these are provided for your information only. Such inks should not be interpreted as approval by Canopy f those linked websites or information you may obtain from them.

8. Confirmation upon submitting application Upon submitting any application on the Site for a job advertised on the Site or being introduced to such role by Canopy, you warrant that you have not applied to the same position before or have allowed any third party to apply on your behalf for that position.

9. Rights you are giving us to use material you upload To the maximum extent permitted by law, if you post content or submit material to the Site, including photographs or marks or logos, you grant Canopy a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sub licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for on the Site and any other promotional material of Canopy.

Furthermore, you grant Canopy, its affiliates, and sublicenses a non-exclusive license to use your corporate name, logo, trademarks and other intellectual property on the Site or any other promotional material of Canopy.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy.

10. User-generated content is not approved by us The Site includes information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our view or values.

If you wish to complain about information and materials uploaded by other users, please contact us at info@canopycareers.com.

11. Canopy Intellectual Property Rights The design of the Site along with Canopy created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Canopy, subject to copyright and other intellectual property rights under Hong Kong and foreign laws and international conventions. Canopy reserves all rights in and to the Site. You agree to not engage in the use, copying, or distributing any Marks or any other content contained within the Site unless we have given you express written permission to do so.

12. Privacy Any information provided to Canopy through the Site will be stored and used in accordance with our Privacy Statement as set out on the Site.

13. Provision of Personal Data For different purposes and at different times you may be invited to provide personal data to Canopy through the Site (or otherwise) on a voluntary basis. Personal information may include name, telephone number, mailing address or e-mail address and other information relating to the provision of recruitment services.

Any such personal information will be used in accordance with our Personal Information Collection Statement as set out in Schedule 1 of these terms of use.

14. Limitation of liability We are not liable for any contracts, contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, as a result of using this Site, other than where such obligations cannot be contracted out of by Law.

We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted via the Site, or for any loss or damages that may occur because of such user content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity.

We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site, whether arising in tort or contract, law or equity.

Canopy is not liable under any circumstances to any user of the Site for any user content submitted, posted or transmitted by any other user, even if that content violates these terms of use or other policies stated anywhere on our Site, and Canopy takes no action to remove that content or terminate that user's account.

You understand and agree that in no event shall Canopy be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the Site, including without limitation, any damages resulting from loss of use, data, opportunity or profits, whether or not Canopy has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with this terms of use, or from any communications, interactions or meetings with other users of the Site, or any theory of liability, resulting from (1) the use or inability to use the Site; (2) Statements or conduct of any third party on the Site; or (3) any other matter related to the Site, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.

15. Rectification Your ability to use or interact with this Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of these terms of use or any applicable law at our sole discretion.

We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on our Site, although we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected.

16. Disclaimer of Warranties The Site is provided to you as is, for your information only. To the extent permitted by law, Canopy expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and / or conditions of merchantability, fitness for a particular purpose, and non-infringement. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from our Site for reasons including, but not limited to, failure of our Site, or negligence of any other tort, other than where such liability arises out of law and cannot be contracted out of.

To the extent permitted by law, Canopy makes no warranty, representation or condition that: (1) The Site and will meet your requirements; (2) Your use of the Site will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the Site will be accurate and reliable; or (4) any errors in the will be corrected.

17. Indemnity You agree to defend, indemnify and hold harmless Canopy from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, settlements and disbursements.

18. Which country’s laws apply to any dispute These terms of use, their subject matter and their formation, are governed by Hong Kong law. You and we both agree that the courts of Hong Kong will have exclusive jurisdiction.

Schedule 1

Personal Information Collection Statement 1. Canopy may require you to supply it with personal data (as defined in the Personal Data (Privacy) Ordinance, the "Ordinance") in connection with the provision of our products and services. Personal data includes names, contact details, credit card information etc. from which it is practicable for the identity of an individual to be ascertained. Failure to supply such personal data to us may result in Canopy being unable to provide the relevant products or services.

2. Personal data collected may be used for one or more of the following purposes:

a) provide our products and services to you including responding to enquiries, providing recommendations on products and services (including job/recruitment opportunities), inviting and allowing you to participate in our events and promotions, enrolling into and maintaining membership, providing privileges or discounts and fulfilling any orders you may make with us (including verification and security checks of your details, and processing of your payments);

b) to provide you with direct marketing communications in relation to our products and services, which may be sent by Canopy or our group companies or jointly with other business associates in the recruitment and human capital industry;

c) matching your personal data with information provided to Canopy via other means;

d) to analyse trends, usage and behaviour with Canopy and for the purposes of improving our products and services and to respond to customer wants and preferences.

3. Personal data held by Canopy will be kept confidential but Canopy may disclose or transfer such personal data (whether within or outside Hong Kong) for the above purposes to:

b) any person with your express or implied consent;

c) any other person under a duty of confidentiality to Canopy including without limitation, Canopy's staff and other business associates/organizations which have undertaken to keep such information confidential;

d) any person or entity to whom Canopy is under an obligation to make disclosure under the requirements of any law or rules, regulations, codes of practice or guidelines issued by regulatory or other authorities binding on Canopy or with which Canopy is expected to comply;

e) to Canopy’s group companies and business associates (including for direct marketing purpose); and

f) if we decide to sell any relevant part of our business, to any actual or proposed assignee, transferee or successor (including for direct marketing purpose).

4. Canopy may use the personal data or transfer the personal data to Canopy’s group companies or business associates in the recruitment and human capital industry or actual or proposed assignee, transferee and successor for use in direct marketing. The products and services marketed include recruitment and human capital related products and services. The personal data that may be used or transferred includes the name, contact details and use of services information (as updated from time to time). If you wish to exclude yoru personal data for direct marketing purposes, please send an email to our Data Protection Officer at info@canopycareers.com.

a) check whether Canopy holds data about him/her and request access to such data;

b) request Canopy to correct any data relating to him/her which is inaccurate; and

c) request Canopy to specify its policies and practices in relation to personal data and to be informed of the kind of personal data held by Canopy.

6. In accordance with the terms of the Ordinance, Canopy has the right to charge a reasonable fee for the processing of any data access or correction request.

7. If you wish to exercise any of your rights specified in Clause 5 above, please address your request in writing to our Data Protection Officer at info@canopycareers.com.

8. If you are at any time requested to supply personal data about a third party, you are requested to pass a copy of this Statement to the relevant third party so that he/she is aware of his/her rights under the Ordinance.

9. Canopy will keep the personal data for as long as necessary to fulfil the purposes for which the personal data was collected. Personal Data which is no longer required will be destroyed.

10. Canopy reserves the right to make amendments to this statement. If at any point Canopy decides to use or process personal data in a manner different from that stated at the time it was collected, Canopy will notify you prior to implementing the change and your express consent will be needed before Canopy uses or processes your personal data in such manner.

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Talent Manager
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