SECURITY AND PRIVACY POLICY 

Hummingbird Music Ltd. operates this website and respects the security and privacy concerns of users of this and all its websites. We are notified under the Data Protection Act 1998 and comply with the Act in all our dealings with your personal data. By using the website you agree to the terms of this privacy policy. As a general rule, no personal information (i.e. name, address, telephone number, e-mail address) is automatically collected from users of this website. However, there may be circumstances in which users voluntarily supply such information and in this event, any such information will be kept secure and confidential and will be used only for those purposes made known to users at the time the information is collected, or for the purposes specified in this Privacy Policy. We follow strict security procedures for the storage and disclosure of information you have given us in order to prevent unauthorised access.
Personal information collected via this website is controlled by Hummingbird Music Limited,  10/F Catic Plaza, 8 Causeway Road Causeway Bay, Hong Kong


OUR USE OF INFORMATION AND PERSONAL DATA

The information collected is used to provide users with information on the relevant Hummingbird Music Artist to customise the user's online experience and to improve the content of the website. Other uses of this information include the internal review of the web pages visited, tracking the progress and number of entries in promotions and contests, tracking the number of users of the site and where appropriate, product purchased through the site. Where users have signed up and opted in to receive information and promotions from us, the information may also be used to notify users of future Hummingbird Music product releases and information on the artist concerned together with news on other Universal artists, related products and services which may be of interest to users. If at any time you wish to stop receiving information you can opt out or reply to the e-mail address at the bottom of each e-mail you receive from us. You can also opt out of any SMS communications you receive from us. Alternatively you can e-mail us at info@hummingbird.hk and tell us what you would like us to do.


DATA COLLECTED FROM FACEBOOK LOGIN/REGISTRATIONS

If you use Facebook to register for email updates or to login to a website from one of our artists, we may import some information from your Facebook profile into our database.

We will only import information which you have made publicly available and it will be safeguarded in line with our standard privacy policy.

The information we may collect (if available) is:

• Your email address
• Your first and last name
• Your location (Hometown and country)
• Your gender
• Your date of birth
• Your likes
• Your social activity with respect to the artist


PASSING OF PERSONAL DATA TO ARTIST OR ARTIST MANAGEMENT

Where the artist and/or it's management company have entered into an agreement with Hummingbird Music to have access to consumer data collected from the use of the website for future marketing purposes, we may allow access of your data to them. However, we will not do so unless they have confirmed to us that they are registered with the Data Protection Act. Should Hummingbird Music and the artist part company, they may directly contact you with future marketing regarding the artist in question going forward, but at all times you will be given clear guidance on their Privacy Policy and an option to opt out of future mailings from them.


USE BY CHILDREN

If you are under the age of 16 you should obtain the consent of your parents or legal guardians for submitting any personal information to this Website. Children under the age of 13 should not submit any personal information without the written consent of their parents or legal guardian. If you are a child under 13 and want to submit personal information to us please ask your parent or legal guardian to send us an email at info@hummingbird.hk with the subject 'Parental Consent' specifying that they consent to us collecting your personal information through this Website. You and your parents or legal guardians should also read the Safe Surfing Guide here. Parents or legal guardians may review or change the personal information of their children or refuse further collection of any such information by sending an email to us at info@hummingbird.hk


THIRD PARY COOKIES

Some of the advertisements you see on this and some artist sites are generated by third parties. Some of these third parties generate their own "anonymous cookies" to track how many unique users have seen a particular ad, and how many times they have seen it. These third party cookies cannot be used to identify an individual user, but only for statistical purposes, for example, in providing you with advertisements that are more relevant to your interests. Additionally, the companies that generate these cookies have their own, very strict, privacy policies but we don't have access to these cookies; other than allowing them to be served, we have no role to play in these cookies at all (although we may use statistical information arising from these third party cookies and provided to us by third parties, to improve the targeting of advertisements to users). If you wish to block third party cookies, you can do so in your browser's security settings - indeed, the majority of browsers will block them by default.


COOKIES

Hummingbird Music uses cookies. A cookie is a small text file that can be stored on your computer's hard drive. It may be stored and updated at various times as you access the website. Each time you visit the website, the server may deliver certain customised information to your computer based on the data stored in your cookie. This allows Hummingbird Music to tailor the service to your preferences. You are not obliged to accept a cookie and you may modify your browser so that it will not accept cookies.


FORUMS

While the administrators and moderators of our forums will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you must acknowledge that all posts made to these forums express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable.

We ask that you agree to not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address of all posts is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of the forum have the right to remove, edit, move or close any topic at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. While this information will not be disclosed to any third party without your consent the webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.

Our forum system uses cookies to store information on your local computer. These cookies do not contain any of the information you enter on this form; they serve only to improve your viewing pleasure. The e-mail address you enter will be used for confirming your registration details and password (and for sending new passwords should you forget your current one). When you register to use and to post comments on this board you will also be signed up to receive updates about new releases, preferential ticket purchase opportunities, PA's, exclusive competitions and music downloads from the artist. The first email you will be sent will contain your username and password plus a confirmation link. If you are happy to receive the updates from the artist just click on the confirmation link within that email, if you do not click on that link you will not receive updates via email from the artist.

As a member of our artists' Community Server based forums, you will find that your username and password will work on many of our other artist/label boards. We may from time to time contact you about forum development & improvements or to introduce you to new music based community environments that Universal Music may offer in the future.

We also recommend that you read the Safe Surf advice on all our forums before you register.


RESEARCH

We are always looking to improve our user experience on the website and to find out more about our users' tastes in music. We conduct research with Hummingbird Music by sending out questionnaires from time to time by email. If you receive one you do not need to complete it if you do not want to. If at any time you wish to stop receiving research questionnaires you can reply to the email address at the bottom of the email you receive. Alternatively email us at info@hummingbird.hk and tell us you do not want to receive any more questionnaires.


PASSING INFORMATION TO THIRD PARTIES

We do not pass your details to third parties for the purposes of allowing them to market their products or service to you, UNLESS you have ticked the third party box on our registration forms giving us permission to do so. We may however market third party products or services that are expressly connected with the relevant artist, such as ring-tones. We may also, occasionally include advertising for third party products or services on the website, or in newsletters or other artist mailings you receive from us.


FORWARDING WEB PAGES

If we provide you with the opportunity to email a web page to another person, we will need to collect your email address and the email address of those to whom you send the page. We will use the email addresses collected this way for no other purpose expect to send the web page, and the addresses will be deleted once the page has been sent unless you have opted in to receive information and promotions from us as set out above using the same email address, in which case we will retain your email address for this purpose unless and until you notify us that you wish to stop receiving information.


FINANCIAL

We may use your financial information (including credit card transactions) to check your qualifications and bill you for and otherwise facilitate your purchase of products and services. When you make a purchase on the Site, we will provide your financial information (including credit card transactions) to our service providers and to such third parties as we determine is necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction. Also, depending on the circumstances of our arrangements, we may share your financial information (including credit card transactions) with applicable Event Partners, primarily but not exclusively for facilitating "will call" ticket pick up and dispute resolution and customer service at the event venue on the date of the event. When you purchase products or services of third parties (such as magazine subscriptions) offered on the Site, we will provide your financial information (including credit card transactions) to those third parties. Any of these various third parties are authorised to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control.


HOW WE USE AND WHEN WE SHARE BROAD DEMOGRAPHIC INFORMATION

We may use, and may transfer to others to use, broad demographic information that may include data from your activity at the Site, but not personal information. For example, we use broad demographic information to tailor the site to the interests of our visitors, and we may share it with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. We reserve the right to use such broad demographic information, and to allow others to make use of it, without limitation or restriction, and without further notice to you, in our sole and absolute discretion and is the sole and absolute discretion of those with whom we share such information.


SHARING DATA WITH THIRD PARTIES WORKING ON BEHALF OF UNIVERSAL MUSIC

Hummingbird Music works with a number of carefully selected third party companies that provide a broad range of online solutions, from traffic analysis and advertising to user experience enhancements, such as enabling you to use the same login details across multiple websites.

It is sometimes necessary for Hummingbird Music to provide these companies with access to limited personal information about our users. In such cases Hummingbird Music will share only the personal information required to for these companies to perform their functions and will not allow them to use this data for any other purposes. A selection of these third party companies include:



THIRD PARTIES

When we include links to other internet sites, on this site and in our newsletters and other communications, we do so solely as a convenience to our visitors. Operators of such linked sites may acquire personal information about you through registration procedures or other means and may use that information in accordance with their own privacy policies, over which we have no control. Your access and use of linked sites is solely at your own risk.


SECURITY

Whenever we obtain your personal information we take reasonable precautions to protect it from unauthorised access or disclosure, but we cannot act as insurers of the security of your personal information transmitted over the internet. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or missions beyond our reasonable control.


DISCLOSURE

If you are a member of the artists community you should note that when you complete your member profile this information can be viewed by other members. Accordingly, you should not provide any information in your member profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained within it. You should be aware that if you voluntarily disclose information online in a public accessible area, such as in your member profile, a message board or chat room, that information may be collected an used by others. We do not control the actions of our visitors. If you disclose personal information in your member profile message board or any other public accessible place on the internet you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember the protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.


GENERAL

Hummingbird Music may make changes to this privacy policy from time to time but will not change the way we use your information provided previously without your express consent. If any provision of this privacy policy is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Universal's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This privacy policy is governed in all respects by the Hong Kong laws.

TERMS AND CONDITIONS

Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website
Unless otherwise stated, Hummingbird Music Ltd. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• edit or otherwise modify any material on the website; or
• redistribute material from this website [except for content specifically and expressly made available for redistribution].
Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Hummingbird Music Ltd. express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Hummingbird Music Ltd. express written consent.

User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Hummingbird Music Ltd. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Hummingbird Music Ltd. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Hummingbird Music Ltd. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Hummingbird Music Ltd. reserves the right to edit or remove any material submitted to this website, or stored on Hummingbird Music Ltd. servers, or hosted or published upon this website.
Notwithstanding Hummingbird Music Ltd. rights under these terms and conditions in relation to user content, Hummingbird Music Ltd. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties
This website is provided “as is” without any representations or warranties, express or implied. Hummingbird Music Ltd. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Hummingbird Music Ltd. does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability
Hummingbird Music Ltd. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Hummingbird Music Ltd. has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Hummingbird Music Ltd. liability in respect of any:
• death or personal injury caused by Hummingbird Music Ltd. negligence;
• fraud or fraudulent misrepresentation on the part of Hummingbird Music Ltd.; or
• matter which it would be illegal or unlawful for Hummingbird Music Ltd. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. Other parties
You accept that, as a limited liability entity, Hummingbird Music Ltd. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Hummingbird Music Ltd. officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Hummingbird Music Ltd. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Hummingbird Music Ltd..
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Indemnity
You hereby indemnify Hummingbird Music Ltd. and undertake to keep Hummingbird Music Ltd. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hummingbird Music Ltd. to a third party in settlement of a claim or dispute on the advice of Hummingbird Music Ltd. legal advisers) incurred or suffered by Hummingbird Music Ltd. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Hummingbird Music Ltd. other rights under these terms and conditions, if you breach these terms and conditions in any way, Hummingbird Music Ltd. may take such action as Hummingbird Music Ltd. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Variation
Hummingbird Music Ltd. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Hummingbird Music Ltd. may transfer, sub-contract or otherwise deal with Hummingbird Music Ltd. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Hummingbird Music Ltd. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong”) and be governed by Hong Kong laws. You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between Hummingbird Music Ltd and you.