4 CHANGE OF USE

KV Technology Ltd reserves the right to:

4.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that KV Technology Ltd shall not be liable to you for any such change or removal and.

4.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

5 Links to Third Party Websites

KV Technology Ltd Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6 COPYRIGHT

6.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to KV Technology Ltd or otherwise used by KV Technology Ltd as permitted by law.

6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7 LINKS TO AND FROM OTHER WEBSITES

7.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

7.2 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) ; the website from which you link to this Website does not contain

offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

7.3 By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

8 DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.2 To the extent permitted by law, KV Technology Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

8.3 KV Technology Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of KV Technology Ltd for death or personal injury as a result of the negligence of KV Technology Ltd or that of its employees or agents.

9 INDEMNITY

You agree to indemnify and hold KV Technology Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against KV Technology Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

10 SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11 WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

12 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Hong Kong and you hereby submit to the exclusive jurisdiction of the Hong Kong courts.

13 Financial Conditions

By subscribing to Mailvio Services, the Users agree to pay the price corresponding to the Services selected and to their country of residence.Unless specifically otherwise stipulated, the prices of the Services subscribed shall be paid at the time of subscription and in the currency in which they were invoiced.The prices displayed on the Site are exclusive of charges, and they do not include VAT. Additional charges shall be applied on the invoice according to the Users’ country of residence and applicable legal and regulatory provisions.

14 Use of the Services

14.1 Compliance with applicable regulations

Each Party declares that it shall respect the regulations applicable to its activity

In general terms, the Users shall guarantee that the information sent via the Mailvio Services does not contravene any legal or regulatory provision or a provision resulting from an international agreement applicable to them and in particular the provisions in force in France, in the State in which the User carries out their activity and in the State in which the persons appearing on the distribution lists reside, nor the rights of third parties.

For information purposes and without this list being exhaustive, the sending of email and SMSs to customers and prospects is subject to the applicable data protection rules, as well as the following rules:

United States: Telemarketing Sales Rule, Federal Telephone Consumer Protection Act, Can-Spam-Act.

In France: Articles L.34-5 of the French Post and Electronic Communications Code (Code des postes et des communications électroniques) and L.121-34-1-1 of the French Consumer Code (Code de la consommation).

In Italy: Italian Code on Data Protection (Codice in materia di protezione dei dati personali).

In Spain: Law 34/2002, of 11 July 2002, on company information services and electronic commerce (Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico) and Organic Law 15/1999 of 13 December 1999, on the Protection of Data of a Personal Character (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal).

In the United Kingdom: The Privacy and Electronic Communications (EC Directive) Regulations 2003.

User’s intellectual property rights

The Users authorise Mailvio to use their name, brand and visual identity solely for the purpose of executing the Services.

The Users guarantee to Mailvio:

that they have full power and authority to exploit and grant intellectual and industrial property rights and that these rights are in no way assigned, hypothecated, encumbered or in any way vested in a third party;

that they have not and will not, by assignment to a third party or by any other means, do anything likely to compromise the use of intellectual and industrial property rights;

that they have not nor will not introduce into their campaigns any sequence, reproduction or reminiscence likely to infringe on the rights of third parties;

that no litigation or proceedings are pending or about to be brought in relation to the intellectual property rights.

In addition, the Users shall undertake to guarantee Mailvio against any claim by third parties as well as any penalty that Mailvio may find itself imposed against it resulting from any non-compliance with this article.

14.1.2 Mailvio’s intellectual and industrial property rights

All programs, services, processes, designs, software, technologies, trademarks and trade names and inventions appearing on the Site, accessible via the Site or via the Mailvio Services , are the property of Mailvio or its licensors.

The Users shall undertake not to use, in any way whatsoever, the Site, the Services or any of the elements set out above for purposes other than those provided for herein.

14.2 Protection of the personal data of third parties

For the purposes of providing the Services, Mailvio has access to information contained in email distribution lists created by the Users via their personal account, as well as to the subject and content of emails sent to their distribution lists through the Services. This information contains personal data concerning third parties.

14.2.1 Responsibility of the Users in relation to personal data

As creators of the distribution lists, the Users are responsible for the processing of the personal data appearing in those lists within the meaning of the applicable regulations. As such, if the Users are domiciled in the European Union, or if their distribution lists contain personal data of citizens of the European Union, the User guarantees to Mailvio that they shall comply with the provisions of Regulation No. 2016/679 of 27 April 2016 (the “GDPR”) as well as those of Law No. 78-17 of 6 January 1978 Information Technology, Data Files and Civil Liberties, and in particular:

that the personal data contained in the files transmitted have been collected and processed in compliance with the applicable regulations;

that the Users have informed the data subjects in accordance with the applicable rules;

where appropriate, that the collection and processing have been consented to by the data subjects;

that the data subjects shall be allowed to exercise their rights in accordance with the applicable rules;

that the Users undertake that the information will be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out of date, or if the data subject wishes to prohibit its collection, use, communication or storage.

It is specified that the Users are solely responsible for managing the retention periods of personal data that they upload onto the Sendinblue platform, and that it is incumbent on them to delete the data as and when its retention period expires. Mailvio is responsible only for deleting this data at the end of its contractual relationship with the Users.

In addition, the Users shall undertake not to include in the distribution lists uploaded onto the Sendinblue platform any personal data known as “sensitive” within the meaning of Article 9 of the GDPR, and in particular no health data, but also no data relating to criminal convictions and offences, any social security number, or any bank card number. Sendinblue can in no way be held responsible for the presence of such personal data on its platform, and the consequences that could result therefrom. In the event of a violation of this clause, the User shall be solely responsible for any consequences, and undertakes to guarantee, and if necessary indemnify, Mailvio.

14.2.2 Protection of the User’s personal data

Mailvio has taken all the necessary precautions to preserve the security of personal data and, in particular, to prevent it from being distorted or damaged or from unauthorised third parties having access to it.

These measures include the following:

Multi-level firewall

Proven anti-virus and detection of intrusion attempts

Encrypted data transmission using SSL/https/VPN technology

Tier 3 and PCI DSS certified data centres

In addition, access to processing by Mailvio Services requires authentication of the persons accessing the data, by means of an individual access code and password, sufficiently robust and regularly renewed.

Data transmitted over unsecured communication channels shall be subject to technical measures designed to make such data incomprehensible to any unauthorised person.

14.2.3 Conditions of the processing relationship

Mailvio acts as a data processor on behalf of the Users, and undertakes to respect the obligations described in the Annex “Agreement on the processing of personal data“.

In this context, it is specified that:

The Users can retrieve their distribution lists at any time by clicking on the “export button” from their personal Mailvio account.

Personal data contained in the distribution lists may only be disclosed to third parties in the following cases:

with the authorization of the Users certifying that the data subject have themselves authorized this disclosure;

at the request of the competent legal authorities, on judicial requisition, or in the context of a legal dispute.

14.2.4 Use of the data by Mailvio

To enable Mailvio to pursue its legitimate interests, in particular relating to risk management, and the evaluation of the quality of Users’ mailing lists (and, for example, to avoid the risks of spam, phishing or fraud), the Users are informed that Sendinblue reserves the right to transmit these lists and their content to third party providers domiciled outside the European Union, for the purpose of establishing a reliability score. Any transmission of this data will be carried out by Sendinblue in compliance with applicable rules.

Finally, the Users expressly accept that the behavior of the recipients of these emails may be analyzed by Mailvio (tracking opening rates, click rates and bounce rates at the individual level) to improve its emailing campaigns.

14.3 Prohibited uses

The use of the Mailvio Services resulting from the subscription to the said Services is strictly personal and may not be rented or transferred free of charge or for a fee to a third party. In the absence of prior authorisation, the use of Sendinblue is limited to only one account per User.

Any use of the Services that may damage, disable, or overload Sendinblue’s infrastructure or networks connected to Mailvio’s servers, or interfere with the enjoyment of the Services by other Users, is prohibited.

Any attempt to access, without authorisation, the Services, any other accounts, computer systems or other networks connected to a Mailvio server or any of the Services via hacking or any other method is prohibited.

The use of the Services for the purpose of selling products or services related to illegal or fraudulent activities or encouraging such activities and, in particular, without this list being exhaustive, activities related to illegal drugs, hacking programs, instructions for assembling or creating bombs, grenades or other weapons, materials containing violence against children or which encourages violence is prohibited.

Any use of the Services contrary to the applicable rules relating to telemarketing, email marketing, anti-spam, anti-phishing or personal data protection is prohibited.

Any use of the Services in violation of the rights of third parties is prohibited.

In the event of non-compliance with this article, Mailvio reserves the right to immediately block the Users’ access to their Services and to remove all information from their account without notice and without refund or any other form of compensation.

Mailvio reserves the right to refuse or limit service to accounts not complying with its General Conditions of Use or with laws regulating communications companies, or accounts distributing unwanted communications.

The following topics are prohibited on the Mailvio platform:

Weight loss

Exchange of currencies, fraudulent shares and stock market transactions

Home job offers making “get rich fast” promises, financial packages and pyramid schemes

Sexually explicit pornography or e-commerce

Remedies for erectile problems

Hiring solicitation

Lists of a political character (consular, government lists, etc.) containing addresses of individuals who have not given their explicit consent to receive communications from an identified advertiser. The fact that an email address was given to a Consulate or Embassy shall not be considered as proof of an undertaking to opt-in.

Initial Coin Offering (ICO)

Accounts with the following activities will only be validated under certain conditions:

Clairvoyance, fortune telling and astrology

Gambling and other money games

Dating services

Communications to contacts acquired from social networks like LinkedIn and Viadeo

15 OUR CONTACT DETAILS

Our Office Address:

Unit 2 of LG 1, Mirror Tower, 61 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong

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