CLP Supplier Portal Terms of Use and Personal Information Collection Statement

This platform enables supplier access to CLP Supplier Portal made available on Oracle Cloud.

CLP manages and administers the CLP Supplier Portal, through the web site https:// https://www.clp.com.hk/en/procurement ("Site") for your convenience. CLP provides access to and use of the Site to you subject to the following terms and conditions ("Conditions"). You must read, agree with and accept all these Conditions before you are authorized to access and use the Site.

By clicking on “Accept”, you acknowledge that you have read, agreed with and accepted all the following Conditions.

Legal Status

1. The Site is for legal entities, including individuals and businesses, capable of entering binding contracts under applicable law. Unauthorized users are not permitted. If using the Site on behalf of a business or entity, you must have the authority to bind them to these Conditions.

2. The CLP Supplier Portal may contain links to other websites (“Linked Sites”).  The Linked Sites are not under CLP’s control and CLP is not responsible for any Linked Sites. CLP provides these links only as a convenience, and the inclusion of any link does not constitute an endorsement or approval of that Linked Site by CLP, or an indication of any association with any products or services offered on that Linked Site.

3. Third-party software that may be linked to the Site (whether through a Linked Site or otherwise) is subject to the license terms issued or declared by the software owner, and your use of such software is at your own risk. CLP makes no representation or warranty in relation to any third-party software and any program or cookie sent by the Site (whether through a Linked Site or otherwise) are free of viruses, malicious computer codes, malicious software or any other forms of harmful interference, and disclaims any liability for issues arising from its use.

Continuing Acceptance of Conditions

4. CLP may change these Conditions from time to time. It is your sole responsibility to monitor any such notice and to ensure that you have been updated on any change to these Conditions each time you access to the Site. If you do not agree to the changes, you must discontinue using the Site. Your continued use of the Site will signify your acceptance of any changed Conditions.

Log-in and Security

5. CLP (or third parties) may provide you with access to protected or secure functions on the Site upon valid user names and passwords being entered by you. You agree that CLP will give access to such functions to any user who enters a valid user identification and password. You acknowledge that CLP is entitled to assume that any information submitted in conjunction with a valid user name and password originates from a properly authorised person, whether or not that is the case, and CLP shall not be liable for relying upon such information.

6. You must keep user names and passwords secure and not share your user name, password or user account. You are responsible for the security of your user names and passwords. You acknowledge that failure to keep user names and passwords secure and confidential may result in unauthorised use of the Site, and unauthorised access to information and other unauthorised transactions. CLP accepts no liability for any failure to keep the user names and passwords secure and confidential.

7. You acknowledge and consent all network and computing resources provided in the Site or any Linked Sites are solely for business purposes and you will use the Site or any Linked Sites with reasonable care and skill in all material respects. Misuse or misappropriation is strictly prohibited. CLP reserves the right to audit all computers and systems which are connected to the network, the right to inspect all electronic communications, data, and information stored or transmitted on CLP's network and computing resources when necessary and appropriate and in accordance with local law. CLP also reserves the right to add necessary files to and modify the configuration of any connected computer or system to ensure both the security and integrity of CLP's network and computing resources.

8. You acknowledge and consent all information and materials submitted to the Site or any Linked Sites may be transferred outside of the Hong Kong Special Administrative Region (“Hong Kong SAR”).

Use of the Site

9. You are not authorized to access or use the Site except for your own use. Any authority granted to you to access or use the Site is non-transferable, and you shall not sell, trade, resell or exploit any such authority.

10. CLP may, at any time and without notification:

a)      alter the content or functionality of the Site; or

b)     remove or halt access to the Site or any component or function on the Site (including protected content).

Termination

11. The Site, or access to the Site, may be terminated at any time by CLP for any reason without notice. The provisions of these Conditions, where applicable, shall nevertheless survive any such termination.

Transmission of Materials

12. If you transmit any information, text, invoices, images, video clips, directories, files, databases, figures or listings ("Materials") to the Site or any Linked Sites, you represent, warrant and agree that all your Materials are true, accurate, current, complete and lawful. You also agree to promptly update your Materials to keep them true, accurate, current, complete and lawful.

13. (a) You grant CLP a non-exclusive, irrevocable, worldwide, sub-licensable and royalty-free right to use, reproduce, modify, translate and distribute your Materials to any of CLP's affiliates, subsidiaries, directors, officers, employees, licensees or agents ("CLP Parties") for any purpose and in any medium or technology;

(b) You are responsible for compiling and transmitting the Materials in accordance with CLP’s instructions and file formats (specified in documents, notices or guidelines published by CLP from time to time).

You further represent and warrant that any Materials you transmit to the Site or any Linked Sites shall not contain any viruses, malicious computer code or any other malicious software.

14. You acknowledge and agree that CLP may disclose your Materials or data, if required to do so by any applicable law, in order to comply with legal or regulatory process, upon request by law enforcement or any government agencies, or in order to protect the rights, property or safety of CLP or the public.

Restriction on Use

15. You may not, and may not cause or permit others to: (a) use the Site to harass any person; cause damage or injury to any person or property; publish any Material that is false, defamatory, harassing or obscene; violate privacy rights; promote hatred or harm; send unsolicited bulk e-mail, junk mail, spam or chain letters; infringe property rights; or otherwise violate applicable laws, ordinances or regulations; (b) perform or disclose any benchmarking or availability testing of the Site; (c) perform or disclose any performance or vulnerability testing of the Site, or perform or disclose network discovery, port and service identification, vulnerability scanning, password cracking or remote access testing of the Site.

16. If CLP, in its sole discretion, determines that a breach or suspected breach of these Conditions has occurred, CLP may pursue any of its legal remedies, including but not be limited to immediate cancellation of your access to the Site.  CLP reserves the right, in its sole discretion, to take any actions that it believes prudent or necessary to minimize or eliminate its potential liability, including but not be limited to the release of any of your Materials or data as required under paragraph 14.

 Disclaimers

17. The Site is provided on an "AS IS" and "AS AVAILABLE" basis, and your use of the Site is at your sole risk. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Conditions is hereby excluded. CLP does not accept any responsibility for any loss, claim, demand or damage of any kind which you may directly or indirectly suffer in connection with your use or inability to use the Site or any Linked Sites.

18. CLP accepts no responsibility for the appropriateness of the Site for your needs, timeliness of receiving, analysing and assessing your Materials, mis-delivery or deletion of the Materials, failure to store the Materials, continual accessibility or reliability of the Site, interruption of the Site, or any other technical defects which may occur from time to time.

19. You will be solely responsible for any damage to your own computer system or loss of data which arises in connection with your access or use of the Site or any Linked Sites and shall hold CLP harmless for any loss occasioned by unauthorized access, misuse or unlawful / improper disclosure of your data or Materials.

20. You accept all risk and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any Linked Sites and any information or material availability from the Site or any Linked Sites.

Copyright

21. The contents of the Site, such as information, text, images, video clips, directories, files, databases, figures or listings ("CLP Materials"), are protected by copyright under both Hong Kong SAR and foreign laws. Unauthorized use of the CLP Materials may violate copyright, trademark, and other intellectual property laws. Even if you have received express written authorization from CLP to use the CLP Materials, you must retain all copyright and other proprietary notices contained in the original CLP Materials or any copy you make of the CLP Materials. You may not in any form or by any means decompile, adapt, reproduce, download, store, distribute, modify, rent, lease, loan, sell, publish or create derivative works from the CLP Materials, or use the CLP Materials in any way for any public or commercial purpose. The use of the CLP Materials on any other website or in a networked computer environment for any purpose other than strictly necessary for responding to the bid referred to in the Site is prohibited. If you breach any of these Conditions, CLP may pursue any of its legal remedies against you without notice, and your permission to use the CLP Materials will be automatically terminated and you must immediately destroy all copies of the CLP Materials in your possession or control, including such records in your computers.

Personal Data in the Materials

22. You are aware that the submission of personal data in the Materials is on a voluntary basis although CLP may rely on such data for bid evaluation, supplier management, performance management, communication, bill payment and related purposes. Where you disclose any third parties’ personal data to CLP, you undertake and agree that you have fully complied with the Personal Data (Privacy) Ordinance (Cap. 486) and have procured all third parties' prescribed consents necessary from time to time for CLP to use or disclose such personal data for purposes specified under this paragraph. CLP may use the personal data you provide on the Site to contact your company when there is a business opportunity through which CLP may purchase goods/services from your company. You are responsible for updating the personal information provided as mentioned in paragraph 12.

23. You agree to read the CLP Privacy Policy Statement on the CLP website before providing us with any personal data.

Indemnity

24. You shall indemnify and hold CLP harmless from any loss, claim, demand or damage of any kind which may arise from your use of the Site or any Linked Sites, including the transmission of your Materials to the Site or any Linked Sites, or from your breach of any of these Conditions, in particular any representation or warranty you make according to these Conditions, or your violation of any law or the rights of a third party.

Force Majeure

25. CLP shall not be liable to you for delays and failures in performance resulting from causes beyond its reasonable control, including, but not limited to, acts of God, labour disputes, disturbances, cybersecurity incidents, material shortages, or rationing, riots, acts of war, government regulations, communication or utility failures, or casualties.

General

26. You will keep confidential all proprietary and technical data of CLP, all data identified in writing as being confidential or proprietary, and all details of CLP’s business or other information obtained from the Site; and shall not disclose, use, exploit, copy or modify such information.

27. You must ensure that you comply with all laws, statues, ordinances, rules and regulations of any applicable jurisdiction in relation to your access or use of the Site.

28. No failure or delay by CLP in exercising or enforcing its rights under these Conditions shall be deemed to be a waiver of that right, and no waiver by CLP of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

29. Should any provision of these Conditions be deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction such provision shall be severed from these Conditions and the balance hereof shall not be affected and will continue in full force and effect.

30. These Conditions shall be governed by, and construed in all respects in accordance with, the laws of Hong Kong SAR. You hereby agree to resolving all disputes related to these Conditions to the exclusive jurisdiction of the courts of Hong Kong SAR.

31. Unless specified otherwise, references in these Conditions to "CLP" shall mean CLP Holdings Limited, its subsidiaries and affiliates in Hong Kong SAR.

個人資料收集聲明

中電集團致力於保護您的私隱，實施《個人資料(私隱)條例》以及其他適用於私隱的法例，規則及法規（包括歐洲聯盟《通用數據保障條例》，如適用），包括採取所有合理步驟保護在供應商平台提供的個人資料，以免在收集、保存、處理、使用和轉移過程中未經授權的查閱、處理、銷毀或其他使用。以下所列示信息解釋我們的操作慣例和收集及使用閣下個人資料的方式。

公司持有的個人資料

中電持有的個人資料，例如資格、履歷、聯絡資料、職位、電郵地址等， 是中電直接向閣下收集的。

收集個人資料的用途

中電集團使用閣下在供應商平台(包括利用人工智能的平台)，通過網站(https://www.clp.com.hk/zh/procurement)，提供的個人資料主要用於採購相關事宜及任何直接有關的用途上。中電集團也可能使用閣下的個人資料:

• 邀請參加投標，發出採購訂單或合約;
• 回覆及跟進閣下的查詢；
• 進行供應商調查；
• 進行研究及統計分析；
• 通知可能影響閣下的變更；
• 與閣下溝通;
• 以進行與採購有關的中電集團業務及其他有直接關係的用途。

中電集團並無規定閣下必須提供個人資料，但印有（*）標記的個人資料是必需的資料使中電集團可處理閣下的供應商登記/邀請閣下參與投標/發出採購訂單或合約。除非閣下向中電集團提供印有（*）標記的個人資料，否則中電集團可能無法處理閣下的供應商登記/邀請閣下參與投標/發出採購訂單或合約。

個人資料的轉移

為滿足上述用途之需要，中電集團可能會將閣下的個人資料轉移給需要尋找供應商和/或開標的中電關連公司(包括中電集團在香港的附屬和關聯公司)。

如有法例規定，中電集團會披露有關資料，也會應執法機關及其他政府部門及監管機構的要求披露上述資料。

查閱或更正你的個人資料的方法

根據《個人資料(私隱)條例》(第486章)、歐洲聯盟《通用數據保障條例》、及其他適用的私隱法例，你有權知道中電集團是否擁有你的個人資料，亦可索取有關資料副本，並更正及銷毀中電保存的有關資料。有關索閱、更正及/或銷毀中電集團記錄內任何有關你的個人資料的要求，以及撤回同意許可，可在供應商平台提交,或發送電郵至技術支援(clp_cscm@clp.com.hk) 。

私隱政策聲明

你可以登入中電集團的網站https://www.clpgroup.com/tc/Pages/Privacy.aspx查閱中電集團的私隱政策聲明, 以了解更多關於中電集團在私隱及個人資料保護方面的政策。

除非文義明確另有所指，本文所提及的「中電」及「中電集團」系指中電控股有限公司、其附屬公司及關聯公司。