Terms of Service

 

1.    Service Description

1.1    ESP Mobile Device Management (“ESP MDM”) is an online software application (the “App”) licensed by ESP Limited (“ESP”, “we”, or “us”) that can be downloaded and used via Apple or Android authroized MDM servers. It allows schools (“you”, “Customer”, “Licensee” or “User”) to monitor and manage student’s mobile device usage (collectively the “Service”).

1.2    ESP MDM provides mobile device management which consists of three key functions: (1) allow communication and control functions with mobile devices to be monitored; (2) act as a software agent or use other method that facilitates communication with students, another platform software licensed by ESP.

1.3    By installing ESP MDM and using the Service, you agree to be bound by the following terms and conditions for the Service (the “Agreement”).

1.4    You shall not use the Service if you do not agree with all of the provisions of this Agreement. This Agreement is the complete and exclusive agreement between you and ESP regarding the Service and supersedes all prior discussions and/or agreements between the parties on the subject matter.

 

2.    End User License Agreement

IMPORTANT: PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING THE ESP APPLICATION AND USING THE SERVICE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

2.1    License

2.1.1    Subject to the terms and conditions of this Agreement ESP grants the Licensee a non-exclusive, non-transferable, limited licence to use the Service solely for Licensee’s own use in accordance with this Agreement. We also grants you a non-transferable, non-exclusive licence to use a copy of the App downloaded solely in connection with the Service on a mobile device that you own, manage and/or control (collectively the “Licence”).

2.1.2    All proprietary rights and trade secrets in the Service, in whole or part shall be the exclusive property of ESP (and its licensors), and are protected by relevant laws and regulations. Licensee shall have no right, title, or interest therein except for the rights expressly granted under this Agreement.

2.1.3    Neither this Agreement nor any licences granted hereunder may be assigned, sublicensed or otherwise transferred or used for the benefit of third parties without the prior written consent of ESP.

2.1.4    Licensee may not use, copy, alter, merge, adapt, modify, rent, or lease the Service or the App, or any copy thereof, in whole or in part, except as expressly provided in this Agreement or under applicable statutes. Except to the extent applicable statutory law specifically prohibits such restrictions, Licensee shall not reverse engineer or decompile the Service for any reason. Neither Licensee nor its personnel who have access to the Service may use the Service to design software with similar or competitive functionality for distribution to third parties.

2.1.5    Licensee acknowledges that the Service includes certain third party software for which ESP has obtained the right to sub-license to Licensee under all the terms hereof save as set out expressly herein.

2.1.6    The Service may include certain third party information service (“Third Party Service”). Licensee may have additional rights in the Third Party Service that are provided by the third party licensors. Any such third party licences and third party-required notices for the Service which govern Licensee’s use of the Third Party Service are provided with the Service. By accepting this Agreement Licensee hereby agrees to abide by the terms of all such licences. Any obligations undertaken by ESP in this Agreement in relation to the Third Party Service as part of the Service are provided by ESP alone, and not by the third party licensors of the Third Party Service. The Third Party Service are provided “as is” by third party licensors who disclaim all liabilities, damages (even if they have been advised of the possibility of such damages), warranties, indemnities and other obligations of any kind, express or implied, with regard to the Third Party Service. The Third Party Service is excluded from any indemnity provided by ESP in this Agreement. Nothing in the foregoing affects any performance warranty provided by ESP with regard to the Service as a whole.

2.1.7    In order to use certain functionality, Licensee may be required to download content, software, and/or required to agree to supplemental terms and conditions. These supplemental terms and conditions are hereby incorporated into this Agreement. ESP may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. ESP will exercise commercially reasonable business efforts to provide notice to Licensee of any material changes to this Agreement.

2.1.8    Because use of the Service involves third party hardware, software, and internet access, Licensee’s ability to use the Service may be affected by the performance of these elements. Licensee acknowledges and agrees that such system requirements, which may change from time to time, are Licensee’s responsibility and that neither end user equipment nor access is provided by ESP pursuant to the Service.

2.1.9    The Service is intended for normal, day-to-day communications. Unless prior agreement with ESP, any use of the Service that is inconsistent with that purpose may result in suspension or termination of a Licensee’s Service, at ESP’s sole discretion.

2.1.10    ESP reserves the right to discontinue the Service or, from time to time, to change technical features of the Service without prior notice in order to keep pace with the latest demands and technological developments or to comply with any regulations. In the event of such Service discontinuation, ESP shall, within thirty (30) days, refund the balance of the Service fees for the discontinued Service where applicable. Whilst there may be differences in detail, Service with changed technical features will have the functionality and performance of the Service originally licensed. ESP also reserves the right to repair, improve, and/or upgrade the Service and this may require ESP to restrict, limit, suspend, interfere and/or interrupt the Service from time to time. ESP shall endeavour to provide a minimum of one (1) calendar business day notice prior to planned maintenance and a minimum of two (2) hours notice prior to emergency maintenance, however it is acknowledged that in certain circumstances this may not be possible, in any event ESP shall use reasonable commercial efforts to provide notice to Licensee prior to such restriction, limitation, suspension, interference and/or interruption.

2.2    Compliance with Local Laws

ESP’s Service and App are created and developed in Hong Kong. You are solely responsible for compliance with all applicable laws beyond privacy and personal data protection, including but not limited to export and import control and regulations.

2.3    No Ownership

Apps provided to you are licensed to you and not sold. ESP (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Service and all Apps, excluding your User Account Information and, to the degree required by law, your Personal Data (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The ESP name, logo, and the product names associated with the Service belong to ESP (or its licensors, where applicable), and no right or licence is granted to use them by implication, estoppel or otherwise. ESP (and its licensors, where applicable) reserve all rights not granted in this Agreement.

3.    User Information

3.1    User Account Information

Any and all information that a user uploads, distributes, or otherwise provides via the Service is known as “User Account Information”. You are solely responsible for your User Account Information. You assume all risks associated with use of your User Account Information, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Account Information that makes you or any third party personally identifiable. You hereby represent and warrant that your User Account Information does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Account Information is in any way provided, sponsored or endorsed by ESP. ESP is not obligated to backup any User Account Information and User Account Information may be deleted at any time. You are solely responsible for creating backup copies of your User Account Information if you desire.

3.2    License

By uploading, distributing, or otherwise using your User Account Information with the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ESP an irrevocable, nonexclusive, royalty-free and fully paid, worldwide licence, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Account Information, solely to display your User Account Information on the Service.

3.3    Customer Feedback

If you provide ESP any feedback or suggestions (“Feedback”), you hereby assign to ESP all rights in the Feedback and agree that ESP shall have the right to use such Feedback and related information in any manner it deems appropriate, within the law as it pertains to Privacy and Personal Data (defined below). ESP will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to ESP any information or ideas that you consider to be confidential or proprietary, and that you do not provide to ESP the Personal Data of other data subjects without legal grounds.

3.4    Acceptable Use Policy

ESP’s “Acceptable Use Policy” is set out below:

3.4.1    You acknowledge that you will only use the Service or App to monitor a device used by a person whom you are the legal parent or guardian. You acknowledge that you will not use the Service or App to monitor a device used by any person over the age of 18 years old. For any individual using a device monitored through the Service or App, you acknowledge that all legal parents or guardians have provided informed consent for the monitoring to take place.

3.4.2    You agree not to use the Service to upload, distribute, or otherwise use any User Account Information (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libellous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.

3.4.3    You agree not to use the Service to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to ESP or licensor’s sites (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Service or servers or networks connected to ESP or licensor’s sites (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Service, App or ESP or licensor’s sites.

3.5    Review and Modification

We reserve the right (but have no obligation) to review any User Account Information in our sole discretion. We may remove or modify any User Account Information at any time for any reason in our sole discretion with or without notice to you.

4.    Privacy and Personal Data

4.1    Privacy Policy

Our Privacy Policy addresses issues and practices of Privacy and Personal Data (defined below) for parent customers (“Customers”) who are licensed with ESP software to perform monitoring and management of mobile devices of their children (“Individuals”).

Whether you are a Customer or an Individual, the privacy and security of your personal information is a foremost consideration of ESP. We want to make sure you understand how ESP works and how your personal information gathered through the software will be used, thereby allowing you to feel secure that your privacy interests are being respected and protected within the bounds of this Policy. This Privacy Policy applies to all of our software and services. The use of information collected through our service shall be limited primarily to the purpose of enabling us to provide the Service and other associated services effectively.

Please refer to the detailed Privacy Policy appended to this Agreement for ESP’s privacy and personal data protection practices.

4.2    Data Collection

ESP has taken reasonable physical, administrative, and technical measures to protect the information you share with us. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures and steal, download, tamper or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

4.3    Personal Data

The definition of the term “Personal Data” is given in section 2(1) of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“the Ordinance”) as follows:


“personal data” means any data – (a) relating directly or indirectly to a living individual; (b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and (c) in a form in which access to or processing of the data is practicable.”

Common examples of personal data may include a data subject’s: Name. Identity card number. Contact details.

The Ordinance regulates the: Collection of personal data. Use and disclosure of personal data, with specific provisions for use and disclosure for the purposes of direct marketing. Retention of personal data, including how long it can be retained, accuracy and security. Granting of access to and correction of personal data.

You are advised to read and understand your rights as a Data Subject and our obligations as a Data User under the Ordinance.

5.    Mobile Application

Mobile Application from Apple App Store and Google Play store

The following applies to any Mobile Application you acquire from the Apple App Store or Google Play Store (“App Store-Sourced Application”): You acknowledge and agree that these Terms are solely between you and ESP, not Apple or Google, and that Apple or Google has no responsibility for the App Store-Sourced Application or content thereof. Your use of the App Store-Sourced Application must comply with the Apple App Store or Google Play Store Terms of Service. You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the App Store-Sourced Application to you. To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to ESP as provider of the software. You acknowledge that Apple or Google is not responsible for addressing any of your claims or those of any third party relating to the App Store-Sourced Application or your possession and/or use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to ESP as provider of the application. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, ESP, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and ESP acknowledge and agree that Apple or Google, and Apple’s or Google’s subsidiaries, are third-party beneficiaries of these Terms as related to your licence of the App Store-Sourced Application, and that, upon your acceptance of the Terms, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your licence of the App Store-Sourced Application against you as a third-party beneficiary thereof.

6.    Confidentiality

6.1    The Service contains certain information that is confidential and of substantial value to ESP. Except as expressly permitted herein, Licensee shall not use or disclose said confidential information, or cause it to be disclosed, to any third party.

6.2    No benchmark results nor results of any functional testing or evaluation of the Service shall be disclosed to any third party or used for any purpose other than to facilitate Licensee’s own use of the Service.

6.3    Licensee agrees to comply with all applicable laws and regulations in connection with the Service, including, but not limited to, with respect to personally identifiable information sent or received by Licensee, all applicable privacy laws and regulations.

6.4    By using the Service, Licensee gives ESP and/or its affiliates full consent to collect Licensee personal data and agrees that ESP may use information collected, including technical or diagnostic information, Licensee suggestions or feedback, to maintain, improve and enhance the Service.

7.    No Warranty and Disclaimer

7.1    ESP excludes and Licensee waives all representations, conditions, terms and warranties, whether express, implied or collateral, arising by operation of law or otherwise, including but not limited to implied warranties, terms or conditions of satisfactory, quality or fitness for a particular purpose.

7.2    DISCLAIMERS THE SERVICE IS PROVIDED “AS IS”, AND ESP AND ITS LICENSORS PROVIDE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED WITH REGARD TO THE SAME. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, OR ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY ESP, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. FURTHER, ESP AND ITS LICENSORS DO NOT WARRANT THE RESULTS OF USE OF THE SERVICE OR THAT THE SERVICE IS BUG/ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IN ADDITION, DUE TO CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON/ATTACKING MOBILE DEVICES AND SOFTWARE, ESP DOES NOT WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH THE SERVICE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. ESP DOES NOT WARRANT THAT ANY SERVICE CONNECTING TO THE SERVICE PROVIDED BY THIRD PARTIES OR ANY DATA PROVIDED BY SUCH THIRD PARTIES WILL BE FREE FROM ERRORS OR INTERRUPTIONS OF SERVICE.

8.    Limitation on Liability

IN NO EVENT SHALL ESP BE LIABLE FOR ANY LOSS OF PROFITS, USE, BUSINESS, DATA OR INFORMATION, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF ANTICIPATED SAVINGS OR LOST DATA, EVEN IF ESP HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY AND ALL CLAIMS BY ANY THIRD PARTIES.

9.    Indemnity

9.1    ESP shall indemnify Licensee for any claim, demand or cause of action by a third party (“Demand”) to the extent that it is based upon a claim that the Service infringe any patent, trademark, or that the Service misappropriate any trade secret of any third party within the country in which the Service are located. The foregoing indemnification is conditioned on Licensee notifying ESP promptly in writing of such Demand, Licensee giving ESP sole control of the defence thereof (and any negotiations for settlement or compromise thereof), and Licensee cooperating in the defence thereof at ESP request and expense, provided that Licensee may, at its own expense, assist in such defence if it so chooses. ESP, at its sole option and expense will: (a) procure for Licensee the right to continue using the Service; or (b) substitute a non-infringing version of the Service so that the Service become non-infringing and still conform to the applicable specifications. Licensee shall not incur any costs or expenses on behalf of ESP under or pursuant to this Section without ESP prior written consent.

9.2    ESP shall have no liability to Licensee for any Demand by a third party alleging infringement or misappropriation based upon (a) any use of the Service in a manner other than as permitted in this Agreement; or (b) any use of the Service in combination with any product not provided by ESP, to the extent that such Demand is directed against the combination. Notwithstanding the foregoing, no indemnification is given in relation to Third Party Service. The licensors of any third party software may extend indemnities which are to be found in the third party licenses referred to above. THE FOREGOING STATES THE ENTIRE LIABILITY OF THE PARTIES AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR SUCH DEMANDS.

9.3    Licensee shall indemnify ESP for any claim, demand or cause of action by a third party to the extent that it is based upon a claim that any content uploaded on ESP’s Service by or on behalf of Licensee is illegal or infringes any third party rights or otherwise results in a claim against ESP.

10.    Term and Termination

10.1    The licence granted herein shall be for a period of 12 months from the date of commencement of Service (unless recorded otherwise in ESP business records), and thereafter renewable for 12-month terms with upfront annual payment of Service fee before the start of each renewal term, subject to ESP’s right to terminate the licence in accordance with this Agreement.

10.2    ESP may terminate this licence and the Agreement immediately upon written notice to Licensee if Licensee breaches the provisions of Section 2 End User Licence Agreement. Either party may at its option terminate the licence and the Agreement immediately upon written notice in the event that the other party: (a) breaches any term of this Agreement, which breach remains uncured for a period of 30 (thirty) days after written notice of such breach to the other party; or (b) becomes insolvent or asserts that it is insolvent, fails to pay its general obligations as they become due, institutes or has instituted against it any proceeding, arrangement, receivership or assignment for the benefit of creditors, or files or has filed against it any petition under applicable bankruptcy laws.

10.3    ON TERMINATION OF THIS LICENCE FOR ANY REASON LICENSEE SHALL CEASE USING THE SERVICE IMMEDIATELY. Licensee may cancel the annual service membership at any time. Billing will continue until the end of the period you have selected. We do not provide refunds or credits for any remaining term left on your account. If ESP suspends the service due to technical issue, we will compensate the Licensee the actual time of suspension of service.

10.4    Cancellation

ESP will send an email to Licenses to remind renewal of the Service prior to completion of current Service term. If you choose to not renew Service by not clicking the link attached in the email notification to complete the registration and payment process, your Service will be terminated after expiry of the current contract term.

11.    General

11.1    Severability

If one or more provisions of this Agreement are held to be illegal or unenforceable under applicable law, such illegal or unenforceable provision(s) shall be limited or excluded from this Agreement to the minimum extent required so that this Agreement shall otherwise remain in full force and effect and enforceable in accordance with its terms.

11.2    Notice

You are responsible for providing ESP with your most current email address. In the event that the last email address you provided to ESP is not valid, or for any reason our notice cannot reach you via email, record of ESP’s dispatch of the email containing such notice will nonetheless constitute effective notice served by ESP under this Agreement. Any notice provided by you to ESP pursuant to this Agreement should be sent to: info@eschoolpad.com. All notices under this Agreement must be in English.

11.3    No Assignment

Licensee shall not assign, transfer, or sublicense any obligations or benefit under this Agreement without the prior written consent of ESP (and any such attempt shall be void). ESP may assign this Agreement in whole or in part.

11.4    Survivability

Any provision of this Agreement which by its context is intended to apply after termination of this Agreement will survive its termination.

11.5    Waiver

The waiver by either Party of any breach of this Agreement by the other Party in a particular instance will not operate as a waiver of any subsequent breaches of a same or different kind. The failure of either Party to exercise any rights under this Agreement in a particular instance will not operate as a waiver of the Party’s right to exercise the same or different rights in any subsequent instance.

11.6    Entire Agreement

Licensee agrees that this Agreement is the complete and exclusive statement of the mutual understanding between the parties and supersedes all previous written and oral agreements and communications relating to the subject matter of this Agreement. It may not be modified or waived except in writing signed by authorized representatives of both parties.

12.    Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong without giving effect to the principles of conflict of law. The Parties shall submit to the exclusive jurisdiction of Hong Kong courts.

 


 

ESP Limited Privacy Policy

 

ESP Limited (“Company”, “we”, or “us”) is committed to protecting your privacy and Personal Data (as defined in section 2(1) of the Personal Data (Privacy) Ordinance under Cap. 486 of the Laws of Hong Kong). This Privacy Policy (“Policy”) describes our practices regarding personal data we collect from users (“Customers”, or “you”) of our ESP Mobile Device Management (“ESP”) software service and associated mobile applications, and our website located http://www.eschoolpad.com/ (collectively, the “Services”).

User Account Information

In ESP, we do not collect personal information. Information, including student’s and parents’ email addresses, for BYOD settings is optional, and it is up to schools in using ESP to automate the communication with students and parents.

In ESP, we only collect personal information that you voluntarily provide us. ESP collects certain personal data that is necessary to fully service your ESP school account. As a Customer, you may be asked to provide information that is needed in order to create your ESP account and fulfill our service commitment to you including without limitation your name and email address. We treat any personal information that you provide to us as highly confidential. ESP may use this personal information for editorial and feedback purposes, marketing and promotional purposes, statistical analysis and product and service development and enhancement. Your personal information, however, will never be sold to any company nor will it be shared with third parties, unless specifically stated otherwise in this Agreement or as required by law.

Use of Account Information

In addition to other specific instances described herein, ESP may use information collected for the purposes that include the following:

1.    ESP may create aggregate reports on user demographics and traffic patterns. This information may be used to negotiate with third party service providers who complement the ESP service or assist us in our efforts to expand our business.

2.    ESP uses the information to provide services and may perform audit, research, and analysis in order to maintain, protect, and improve our services, ensure the technical functioning of our network, protect the rights or property of ESP or our users, and develop new products or services.

Other than as provided above, ESP will not divulge any of your personal information—contact, or geographic location—to any other organization unless: (1) you give ESP explicit, and specific, prior permission; (2) we provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf in order to facilitate the normal operation of our services, such as an email service provider to send out emails on our behalf (these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures); (3) we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable agreements, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of ESP, its users or the public as required or permitted by law; (4) you make an inquiry, request or complaint that requires follow-up and we share your information with others to satisfy your inquiry; and/or (5) if ESP is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Tracking and Location Information

ESP will not collect and/or track certain information that is derived from your usage of ESP such as usage patterns, travel patterns, and traffic patterns.

ESP has no direct business relationship with the Individuals whose personal information is submitted by parent Customer and processed by us. An Individual who seeks access, or who seeks to correct, modify or delete inaccurate data should direct his/her request to the ESP Customer (the data controller). If the Customer requests ESP to remove the data, we will respond to the request within 30 business days.

Data Retention

ESP will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as appropriate. We will retain your information for as long as your account is active or as needed to provide you services.

General Considerations Applicable to Customers and Individuals.

Data Usage

When a mobile device communicates with the ESP, it results in the transmission of data to and from the device and such transmission of data could result in additional carrier or service provider charges to the Individual. ESP DISCLAIMS ANY LIABILITY FOR AND IS NOT RESPONSIBLE FOR ANY CARRIER OR INTERNET SERVICE PROVIDER DATA COSTS OR CHARGES INCURRED BY ANY CUSTOMER OR INDIVIDUAL IN CONNECTION WITH USAGE OF THE ESP PRODUCTS OR SERVICES.

Email

When Customers or Individuals send email or other communications to ESP, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. ESP opposes the emailing of any junk mail, and does not sell customer information to email lists or telemarketers. If any of our partner sites engages in such practice, for any reason, ESP will immediately investigate, and if appropriate, discontinue services with such parties. If you receive junk email that mentions ESP or its services, please send details to us at info@eschoolpad.com and we will investigate promptly.

Correcting and Updating Your Information

As an ESP Customer, you are always fully in control of the information that we maintain to service you. ESP Customers can change their personal information at any time and as often as necessary by logging into your account. We will respond to all requests for access within 30 business days.

Other Sites

ESP does not control and will not be responsible for the collection of personal information by third party websites. We have no responsibility or liability for the practices and policies implemented by third parties on their websites, accordingly, they are not covered by this Privacy Policy. You should contact the owners of third party websites directly to ask questions about their privacy practices and policies.

Limitation of Liability

ESP SHALL NOT BE LIABLE TO ANY CUSTOMER OR INDIVIDUAL FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS, REVENUE, DATA, OR DATA USE. ESP’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS POLICY, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO HK$10,000, OR TOTAL SERVICE FEE PAID BY CUSTOMER FOR THE LAST 12-MONTH SERVICE TERM, WHICHEVER IS LOWER.

Security Measures

Your account information is kept confidential and secure via a unique combination of username and password pre-selected and entered by you.

Language

In the event that ESP has provided you with a translation of the English language version of this Privacy Policy, then you agree that the translation is provided for your convenience only. The English language version of the Privacy Policy governs your relationship with ESP. In case of any inconsistency between the English language version and the translation, the English language version shall prevail to the extent of the inconsistency in question.

Additional Information

We may update from time to time our privacy practices to reflect changes to our information practices in line with latest market and regulatory requirements. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on our website prior to the change becoming effective. We encourage you to periodically review the latest information of our privacy practices.

Contact Us

If you have any questions regarding this Privacy Policy you can contact ESP’s Data Protection Officer via email at info@eschoolpad.com or via postal mail at Unit 606, Apec Plaza, 49 Hoi Yuen Road, Kwun Tong, Hong Kong.