Personal Information Collection Statement
1. Introduction
1.1 This is the Personal Information Collection Statement of China Evergrande Group (中國恒大集團) (In Liquidation) (“CEG”). This Personal Information Collection Statement is to inform you of the following:
(a) the purposes for which your personal data collected by us will be used;
(b) to whom your personal data may be transferred; and
(c) to whom you may address personal data requests.
1.2 If you as a visitor choose to register or submit information to us via this website, you agree to the use of your personal data in accordance with this Personal Information Collection Statement.
1.3 We may revise this Personal Information Collection Statement by amending this page. You should check this page from time to time to take notice of any changes we make.
1.4 This Personal Information Collection Statement has been prepared in compliance with the Personal Data (Privacy) Ordinance (Chapter 486, Laws of Hong Kong).
1.5 This Personal Information Collection Statement was last updated on 24 September 2024.
2. Data user
2.1 China Evergrande Group (中國恒大集團) (In Liquidation) is the data user in respect of personal data that is collected, used and processed under this Personal Information Collection Statement.
2.2 Edward Simon Middleton and Wing Sze Tiffany Wong (the “Liquidators”) were appointed by the High Court of Hong Kong as Joint and Several Liquidators of CEG on 29 January 2024.
2.3 The Liquidators are responsible for managing CEG’s affairs, business and property, including the collection, use and processing of personal data under this Personal Information Collection Statement.
3. Collection
3.1 When you submit information to this website, we may collect, hold, process, transfer and use the following types of personal data:
(a) legal name (optional);
(b) email address (optional);
(c) phone number (optional);
(d) connection to CEG (optional);
(e) message(s) you provide with respect to CEG’s affairs*; and
(f) document(s) you provide with respect to CEG’s affairs (optional).
*mandatory personal data
3.2 If you do not provide us with mandatory personal data, you may not be able to register or submit information via this website, and we may not be able to communicate with you or respond to you.
4. Purposes
We may collect, hold, process, transfer and use your personal data for any of the following purposes:
(a) for the Liquidators to discharge their duties under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), Companies (Winding-up) Rules (Cap. 32H), and for all other statutory, legal or regulatory duties under all applicable laws arising from or in connection with the office and functions of the Liquidators;
(b) to comply with and fulfil any order or direction from any court of competent jurisdiction;
(c) to communicate with you and other relevant data subjects;
(d) to provide references or reports to enforcement authorities, government departments, regulatory authorities and appropriate bodies in connection with the holding of public office or responding to requests;
(e) for case administration purposes;
(f) to receive information and documents relating to CEG, and to investigate those matters;
(g) for reasonable and lawful provision of information to parties with legitimate interests, including to enforcement authorities, government departments, regulatory authorities and appropriate bodies in the course of legal proceedings or in contemplation of legal proceedings that may arise in all relevant jurisdictions;
(h) to prevent or detect crime or fraud;
(i) to establish, exercise or defend legal rights, and to take or defend legal proceedings;
(j) to take legal, financial, tax or other professional advice;
(k) to comply with legal obligations to which CEG is subject;
(l) to help maintain the safety, security and integrity of personal data collected through this website; and
(m) for quality and risk management purposes.
5. Permitted transferees
5.1 The Liquidators are supported by Alvarez & Marsal Asia Limited as a data processor for all other statutory, legal or regulatory duties of the Liquidators in respect of CEG.
5.2 We may transfer your personal data to (in or outside Hong Kong):
(a) Alvarez & Marsal Asia Limited (“A&MA”), all subsidiaries of A&MA, all holding companies of A&MA, and all subsidiaries of all such holding companies (together, (“Alvarez & Marsal”), and all officers and employees of Alvarez & Marsal;
(b) any other business entity that is controlled by Alvarez & Marsal, and their officers and employees;
(c) any agent or third-party service provider engaged by the Liquidators or Alvarez & Marsal in connection with its operations, such as:
(i) administrative service providers, including for human resources, payroll, mail or courier services, or office and business supplies;
(ii) telecommunications, IT, cloud service and software providers and suppliers; and
(iii) website and data analytics and processing providers.
(d) financial, legal, tax, accounting and other professional advisors; or
(e) any enforcement authorities, government departments, regulatory authorities, appropriate bodies or other third parties in the course of legal proceedings or in contemplation of legal proceedings that may arise in all relevant jurisdictions.
(collectively, the “Permitted Transferees”)
5.3 The Permitted Transferees may only use your personal data for the purposes described in paragraph 4 above, unless they have notified you and obtained your consent before any other use.
5.4 Some persons to whom we transfer your personal data may be located outside Hong Kong, in locations that may not have in place data protection laws which are substantially similar to Hong Kong, and this may mean your personal data may not be protected to the same or similar level as that in Hong Kong.
6. Access and correction rights
6.1 You have the right to request a copy of your personal data held by us, unless we are exempted from complying with a data access request.
6.2 You have the right to request for us to make necessary corrections in respect of any personal data that you consider inaccurate after we have fulfilled a data access request from you. We may refuse a data correction request if we believe the personal data is accurate, an expression of opinion or the proposed correction is inaccurate.
6.3 We reserve the right to charge a reasonable fee to process any personal data access or correction request.
7. Contact
If you have requests or queries regarding this Personal Information Collection Statement, please contact CEG by e-mail to Infoshareeverest@alvarezandmarsal.com.
Terms of Use and Disclaimer
1. Introduction
1.1 This Website (“Website”) is operated by China Evergrande Group (中國恒大集團) (In Liquidation) (“CEG”).
1.2 Edward Simon Middleton and Wing Sze Tiffany Wong (the “Liquidators”) were appointed by the High Court of Hong Kong as Joint and Several Liquidators of CEG on 29 January 2024. The Liquidators are responsible for managing CEG’s affairs, business and property, including the provision of this Website.
1.3 The Liquidators are supported by Alvarez & Marsal Asia Limited (“A&MA”) for all statutory, legal or regulatory duties of the Liquidators in respect of CEG.
1.4 You agree to be bound by and to comply with these terms and conditions (“Terms”) by accessing or using the Website (including to download any materials from the Website).
1.5 In these Terms, “we”, “us” and “our” means CEG.
1.6 If you are entering into these Terms on behalf of any entity, you represent that you have legal authority to bind such entity.
2. Acceptance of Terms and Conditions
2.1 By visiting and using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you continue to use this Website, we will take this as your acceptance of these Terms. We recommend you print a copy of these Terms for future reference.
2.2 If you propose to submit or upload documents, materials or other content to us by or via the Website, then you must first expressly agree to these Terms and you will not be permitted to submit or upload documents, materials or other content to us by or via the Website unless you have first done so.
2.3 If you do not agree to these Terms or any amendments to the Website, you should cease to use the Website immediately.
2.4 We reserve the right to refuse you access to the Website if we consider it necessary or appropriate.
2.5 We may amend these Terms from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following amendments to these Terms, you agree to be bound by those amendments. We recommend you review these Terms periodically, so you are informed of the terms that apply to your use of the Website from time to time.
3. Acceptable Use
3.1 You must not (“Prohibited Acts”):
(a) use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
(b) use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the 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;
(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to the Website without our express written consent;
(e) access or otherwise interact with the Website using any robot, spider or other automated means;
(f) use data collected from the Website for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing) without the relevant data subject’s express written consent;
(g) use data collected from the Website to contact individuals, companies or other persons or entities, unless any such user(s) have consented to the relevant usage of data;
(h) use or direct the Website to interact with any devices unless you are expressly authorised to do so;
(i) use any of our Website Infrastructure, directly or indirectly, to initiate, propagate, participate, direct or attempt any attack, hack, or send bandwidth saturation, malicious or potentially damaging network messages to any device, whether owned by us or not;
(j) directly or indirectly, copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise make any attempt to derive or access the structure or source code from the Website (whether to create derivative works of the source code, or otherwise);
(k) make the Website available to any third party through a private computer network;
(l) edit or otherwise modify any content or paper or digital copies of any materials printed off or copied from the Website in any way; or
(m) use the Website in a manner prohibited by any laws or regulations which apply to the use of the Website.
3.2 You acknowledge that you will be liable to us for any damage, loss, liability, cost or expense we suffer or incur that arises from or in connection with any Prohibited Act performed or allowed by you.
3.3 You undertake to notify us as soon as reasonably practicable by email to Infoshareeverest@alvarezandmarsal.com after becoming aware of any person performing any Prohibited Act. You will provide us with reasonable assistance in relation to any investigations we may conduct as a result of the information provided by you in this respect.
3.4 You must comply with, and it is your sole responsibility to ensure you comply with, all applicable laws in respect of your use of the Website, whether based on your country of residence, place where you access the Website, or otherwise.
4. Website Linkage
4.1 The Website may contain links to other websites, which are provided for your information only. Links to other websites and resources from the Website should not be interpreted as, and are not, recommendations or approval by us of those linked websites or resources, or any information you obtain from them. We have no right or control over the content of other websites or resources that are linked from or referred to in the Website.
4.2 You must not link the Website to any other websites without our express written consent. Also, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website you are linking must comply in all respects with our requirements in respect of acceptable use and prohibited acts (see paragraph 3 above). We reserve the right to withdraw linking permission without notice.
5. Personal Data
Our Personal Information Collection Statement can be reviewed on https://evergrandeliquidation.com/personal-information-collection-statement/ and forms part of these Terms on which you access and use the Website.
6. Intellectual Property Rights
6.1 The Website’s code, structure and content are protected by intellectual property rights.
6.2 If you publish content on the Website or upload documents, materials or other content in the course of your use of the Website (“User Content”), you grant CEG and the Liquidators a non-exclusive, sub-licensable licence to make use of the User Content for:
(a) the Liquidators to discharge their duties under the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), Companies (Winding-up) Rules (Cap. 32H); and
(b) all other statutory, legal or regulatory duties and obligations or administrative, professional and operational purposes under all applicable laws arising from or in connection with the office and functions of the Liquidators (“User Content Licence”)
6.3 We are the owner or the licensee of all Intellectual Property Rights in relation to the content and material published by us in the Website (“CEG’s IP Rights”). Those works are protected by applicable laws and treaties around the world. All such rights are reserved. You may only use the Website and all content from the Website in accordance with these Terms.
6.4 Except for the User Content Licence and for CEG’s IP Rights, you retain all ownership and other rights (if any) in and to the content and material you publish in or upload to the Website.
6.5 You are not permitted to use our trademarks without our prior express written consent.
7. Disclaimer
7.1 The information provided on this Website is provided for general and indicative purposes only and should not be construed as legal, financial or other professional advice.
7.2 We do not make any express or implied warranty as to the accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness or freedom from computer virus in relation to any content published, available or accessible on or via this Website.
7.3 We will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any information provided on this Website.
7.4 We do not guarantee that the Website will always be available or be uninterrupted. We may stop, suspend or withdraw or restrict the availability of all or any part of the Website for operational or other relevant reasons. You will not be entitled to any compensation or other payment upon the discontinuance, suspension, withdrawal or alteration of the Website.
7.5 This Website may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, this Website may provide links to external websites through its webpages. We have not approved or endorsed the materials contributed by third parties on this Website or any external websites linked to this website. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with us of any such third parties or external websites. Provision of, or assistance in providing, materials contributed by third parties on this Website or links to external websites gives rise to no statement, representation or warranty, express or implied, that we agree or do not disagree with the contents of any such materials or external websites.
7.6 We reserve the right to omit, suspend or edit all information on this Website at any time in our sole discretion without giving any reason or prior notice. You are responsible for making your own assessment of all information contained on this Website, and shall verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.
7.7 If there is any discrepancy between the English, Traditional Chinese and Simplified Chinese versions of this Website, the English version shall take precedence.
7.8 We will not have and we do not accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on:
(a) the information available on or delivered on this website or inability to use this Website;
(b) the electronic services delivered through this Website;
(c) the contents of any materials contributed by third parties on this Website;
(d) the contents of any external websites accessible via this Website or any inability to use any of them; or
(e) the Traditional Chinese version or the Simplified Chinese version delivered on this Website.
8. Liability
8.1 Subject to paragraph 8.8, we disclaim all liability to the maximum extent permitted by law, and we assume no responsibility, for losses to you or any other person arising from:
(a) third party content or user content;
(b) our content, and in particular from the accuracy, completeness or current status of our content;
(c) reliance on information contained or functionality provided on, or through, these Terms or the Website;
(d) inability to gain access to the Website or any part of it, or access is interrupted or partial, or functions with errors, at any time; and
(e) any failure by us to perform, or delay in performing, any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control, and includes telecommunications failure, power supply failure, terrorism, fuel strikes, severe weather, computer breakdown, failure of suppliers to meet delivery requirements, industrial disputes and the absence of personnel due to illness or injury, and the time for performance of any obligation, the performance of which is so affected, will be extended accordingly.
8.2 We will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of that loss or damage arising.
8.3 Our liability arising directly or indirectly under these Terms, or that is not otherwise expressly excluded under these Terms, will be limited to and capped at US$1,000.
8.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms must be brought within one year of the act or omission alleged to have caused the loss or cost.
8.5 Except to the extent that claims cannot be excluded or restricted by law, no claims arising out of or in connection with these Terms may be brought by you personally against any of our employees, officers, consultants or other representatives, including the Liquidators and A&MA, all subsidiaries of A&MA, all holding companies of A&MA, and all subsidiaries of all such holding companies (together, “Alvarez & Marsal”), and all officers and employees of Alvarez & Marsal (collectively, “A&M Parties”) involved in the performance of the relevant obligations.
8.6 The amount of our liability to you will be reduced by any debt or liability you owe to us.
8.7 All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.
8.8 The exclusions and limitations of liability in these Terms do not affect our liability:
(a) for death or personal injury arising from our negligence;
(b) for fraud or reckless disregard of professional obligations; or
(c) for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on our right to limit our liability in Hong Kong.
8.9 These provisions are exhaustive of the remedies of monetary damages for each party or any third party against either party arising out of or in connection with these Terms.
9. Indemnity
9.1 You will on demand fully indemnify, and keep fully indemnified, Indemnified Parties from and against all claims, costs and losses of any nature whatsoever that the Indemnified Parties may suffer or incur arising out of or in connection with:
(a) any material breach of the provisions of these Terms by you;
(b) any fraud, negligence, misconduct or reckless carelessness in or about your obligations under these Terms;
(c) any User Content that is incorrect, incomplete or misleading in any respect; and
(d) your use of the Website.
9.2 We will be entitled to recover from you all out-of-pocket expenses we reasonably incur in connection with an indemnified claim, and all such expenses will be payable on demand.
10. Your Breach
10.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Website;
(c) permanently prohibit you from accessing the Website;
(d) block computers and devices using your IP address from accessing the Website;
(e) contact any or all your internet service providers and request that they block your access to the Website; or
(f) commence legal action against you, whether for breach of contract or otherwise.
10.2 If we suspend or prohibit or block your access to the Website or a part of the Website, you must not take any action to circumvent that suspension or prohibition or blocking.
11. Termination and Suspension
11.1 You can stop using the Website at any time.
11.2 We may suspend the provision of the Website at any time, with or without cause, and with or without notice.
11.3 We may, at our discretion, suspend or terminate your access to the Website immediately without prior notice.
12. General Provisions
12.1 You may not assign any of your rights under these Terms.
12.2 The rights, powers and remedies provided in these Terms are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.
12.3 If the validity or enforceability of any provision of these Terms is in any way limited by any applicable law, that provision will be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision does not affect the validity or enforceability of any other provision.
12.4 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law does not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms, this does not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
12.5 The exercise of the parties’ rights under these Terms is not subject to the consent of any third party.
12.6 These Terms are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
13. No Third Party Rights
Each of the A&M Parties shall be entitled to the benefit of, and to enforce, the provisions of Clauses 8.5 and 15.1 as if each was a party to these Terms. Save and except for the foregoing, the provisions of these Terms do not confer any benefit, or create any obligation enforceable at the suit of, any person who is not a party to these Terms.
14. Governing Law
14.1 These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong, without regard to any principles of conflict of law.
14.2 Any disputes or claims (including non-contractual disputes or claims) relating to these Terms or your use of the Website shall be subject to the non-exclusive jurisdiction of the Hong Kong courts.
15. Interpretation
15.1 In these General Terms and Conditions:
“Alvarez & Marsal” has the meaning given in paragraph 8.5;
“A&MA” has the meaning given in paragraph 1.3;
“A&M Parties” has the meaning given in paragraph 8.5;
“CEG’s IP Rights” has the meaning given in paragraph 6.3;
“CEG”, “our”, “us” and “we” means China Evergrande Group (中國恒大集團) (In Liquidation);
“Indemnified Parties” means us and all our officers, employees, contractors and representatives, including the Liquidators, Alvarez & Marsal, and all officers and employees of Alvarez & Marsal;
“Intellectual Property Rights” means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets and all rights of an equivalent nature;
“Liquidators” has the meaning given in paragraph 1.2;
“Personal Information Collection Statement” means our statement in respect of the privacy and protection of personal data of data subjects who access or use the Website, the current version of which is available at https://evergrandeliquidation.com/personal-information-collection-statement/;
“Prohibited Acts” has the meaning given in paragraph 3.1;
“Terms” has the meaning given in paragraph 1.4;
“User Content” has the meaning given in paragraph 6.2;
“User Content Licence” has the meaning given in paragraph 6.2;
“Website” means the website https://evergrandeliquidation.com/ operated by China Evergrande Group (中國恒大集團) (In Liquidation);
“Website Infrastructure” means all our systems (including code) that facilitate, provide or describe the Website; and
“You” or “your” means a visitor or user of the Website.
15.2 References to “paragraphs” are to paragraphs of these Terms.
15.3 Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
15.4 Words imparting the singular shall include the plural and vice versa. Words imparting a gender will include every gender and references to persons shall include and individual, company, corporation, firm or partnership.
16. Contact Us
If you have any questions or concerns about these Terms, please contact us at Infoshareeverest@alvarezandmarsal.com.
This document was last updated on 24 September 2024.