DECLARATION AND CONSENT (USA)

Effective Data: August 16, 2019

Consent of Personal Data Processing

I have read and understand the Privacy Policy of the ComNet (USA) LLC (www.comnetechs.com/privacy-policy/) and hereby voluntarily give my consent for collection of my personal information set out in  Part A for the specific purpose(s) set out in Part B:

Part A: Personal Information

r Full name, which is the same name shown on my ID card or passport;

r Telephone number;

r Email address;

rPostal address;

rOther, please specify:_________________

Part B*: Purposes for Use of Personal Information

rVerifying my identity;

rProcessing my application to subscribe the Services;

rEnabling the provisioning of the Services and/or delivering of the products;

rConducting appropriate check for credit-worthiness and for fraud;

rFacilitating the daily operation of my account, provisioning of customer services and/or collection of overdue amounts in my account in relation to the Services;

rProviding technical and customer support;

rDeveloping, testing and improving the Company’s services and products, such as conducting surveys and research, and testing and troubleshooting new products and features;

rProviding measurement, analytics for the Company’s other services and products;

rEngaging in direct marketing activities;

rOther, please specify:______________________

*Certain information in Part A is necessary for carrying out certain item in Part B.The failure to give certain particular information may render certain items in Part B undeliverable even if those items have been chosen.

*To facilitate the above purposes, I agree that my personal data maybe transferred or disclosed to the following parties (whether in Hong Kong or overseas): (i) any subsidiaries, holding companies, associated companies, or affiliates of, or companies controlled by, or under common control with the Company; (ii) any person or company who is acting on behalf of or jointly with the Company; (iii) any other person or company who is under a duty of confidentiality to the Company and has undertaken to keep such personal data confidential (iv) dealers, agents and contractors (including IT, network, customer service, sales agents and contractors), suppliers, telecommunications operators, and service providers for the provision of the Services; (v) any banks, financial institutions, credit card issuing companies, credit providers, debt collection agencies and security agencies, necessary to establish and support the payment of the Services; (vi) governmental, statutory or regulatory authorities, including but not limited to Office of the Communications Authority, law enforcement agencies and courts; (vii) the Company’s professional advisers.

*The Company shall be allowed to make such disclosure as required by applicable law, rules and regulations; or for the purpose of assisting in prevention and investigation of fraud and crimes; and for any other purposes as may be required by law from time to time.

 I confirm that my consent is freely given and that I have been provided with a copy of this consent form to retain for my own purpose. The consent is provided for an unlimited period until I withdraw my consent at any time by informing the Company with a completed appropriate Withdrawal of Consent Form.

  

General Sanctions Warranty and Indemnity

 I warrant that:

1.       I am not a Denied Party, or in any way identified, either specifically or by reference, on any applicable Sanction List issued pursuant to any Sanction(s) issued by a Sanction Authority.

2.       I have conducted effective due diligence on the Services purchased. To the best of my knowledge, purchasing the Services from the Company, instructing the Company to deliver the Services to the specific destinations and/or end-users, making payment for the Service or any circumstances relating to the Services, will not: (1) constitute a breach or violation of any applicable Sanction; or (2) expose the Company to any Sanction or penalty imposed by any Sanction Authority.

3.       I shall not directly or indirectly, export, re-export or otherwise transfer the Service in violation of any applicable export control laws and regulations promulgated and administered by the governments of the countries asserting jurisdiction over the parties or transaction.

4.       I will irrevocably and unconditionally hold the Company (including the Company’s employees, servants, agents, subcontractors and representatives) fully harmless from and keep the Company (including the Company’s employees, servants, agents, subcontractors and representatives) fully indemnified against all and any losses, damages, fines and expenses whatsoever which the Company may suffer arising or resulting from any breach or violation by me of any applicable Sanction(s).

5.       I will notify the Company immediately if any of the above representations and warranties at any time during the term of the Services becomes untrue, incorrect or misleading in any respect.  In such case, or if otherwise necessary in order to comply with any applicable laws, the Company will be entitled, without liability to me, to immediately suspend or terminate any of the Services.

 

General Anti-Money Laundering and Terrorist Financing Measures Warranty and Indemnity

I warrant that:

1.       I am not, or in any way identified, either specifically or by reference, on any applicable list of terrorists and terrorist associates, persons and entities involving in money laundering designated by related authorities/associations pursuant to the Anti-Money Laundering (AML) and Counter Terrorist Financing (CTF) Measure.

2.       I have conducted effective due diligence on the daily work activities in compliance with the AML and CTF Measure. My daily work activities will not: (1) constitute a breach or violation of any applicable AML and CTF Measure; or (2) expose the Company to any penalty imposed by any authorities/associations.

3.       I will irrevocably and unconditionally hold the Company (including the Company’s employees, servants, agents, subcontractors and representatives) fully harmless from and keep the Company (including the Company’s employees, servants, agents, subcontractors and representatives) fully indemnified against all and any losses, damages, fines and expenses whatsoever which you may suffer arising or resulting from any breach or violation by me of any applicable AML and CTF Measure.

4.       I will notify the Company immediately if any of the above representations and warranties at any time during the term of the Services becomes untrue, incorrect or misleading in any respect.  In such case, or if otherwise necessary in order to comply with any applicable laws, the Company will be entitled, without liability to me, to immediately suspend or terminate any of the Services.

  

Annex: Definitions

Anti-Money Laundering and Counter Terrorist Financing Measure means any applicable rules, regulations, laws or orders implemented to meet the national goal of financial inclusion set by the Financial Action Task Force.

Company means ComNet (USA) LLC, including its successors and assigns.

Denied Party means a person or entity which is included on an applicable Sanctions List.

Sanction(s) means any applicable economic or financial sanction regulation, trade embargo or export control law or regulation implemented, administered or enforced by a Sanction Authority.

Sanction Authority means an international institution or applicable national or regional government, or subdivisions thereof that possess the authority to enact and implement applicable economic and/or financial sanctions regulations or other economic controls upon individuals, organizations, corporations, political entities and other parties.

Sanction(s) Lists means a list of sanctioned entities (i.e., Denied Parties), generally consisting of names of the sanctioned individuals, entities and associated details (addresses, locations, aliases).