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GENERAL TERMS AND CONDITIONS - HelperChoice

GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE HELPERCHOICE.COM WEBSITE

Please read these terms and conditions carefully as you are agreeing to our terms, when you use our services and products. This is a legally binding agreement, so make sure you understand it.

HelperChoice is an online platform that helps employers and domestic helpers to connect. Our services and products are designed to facilitate with the entire domestic helper recruitment process. By using our services and access the platform and our services, you enter into a legally binding agreement with HelperChoice.

Helperchoice.com is published by Pandcha Limited, a company incorporated and registered in Hong Kong with company number 178651, which registered office is located 2003, 20/F, Tower 5, China Hong Kong City, 33 Canton Road, Tsim Sha Tsui, Hong Kong.

Email: contact@helperchoice.com

These General Terms and Conditions of Sale and Use of the Helperchoice.com website (hereinafter referred to as the “General Terms and Conditions”) are aimed at setting out the conditions for accessing and using the online Platform and service offered by Pandcha Limited (hereinafter referred to as “HelperChoice”), publisher of the website Helperchoice.com, and specifying the framework of the relationships between Members and the Platform.

HelperChoice offers the following services:

• HelperChoice provides Domestic Helpers and Employers with technical tools and means allowing them to connect via the Platform in order to enter into a work contract.

• HelperChoice hosts Assignment offers and requests, and more generally all content generated by Domestic Helpers and Employers,

• HelperChoice is not acting as an agent in any capacity, nor as a Domestic Helper but solely as a contact platform, as such, HelperChoice connects Employers and Domestic Helpers.

HelperChoice does not carry out any Personal Assistance Assignments. HelperChoice merely acts as an intermediary for connecting Employers and Domestic Helpers.

Hereby, it must be noted that HelperChoice’s obligations are limited to supplying the means necessary in order to connect Domestic Helpers and Employers and assist them accordingly.

Use of the Helperchoice.com website is subject to these General Terms and Conditions for the Helperchoice.com website (the “General Terms and Conditions”).

By using the Helperchoice.com website, the Users (as defined above) acknowledge that they have read, understood and unreservedly accepted these General Terms and Conditions. Moreover, by using the Helperchoice.com website, Users acknowledge that they have accepted the Privacy and Personal Data Protection Policy.

HelperChoice may amend and update these General Terms and Conditions of Use as well as the Privacy and Personal Data Protection Policy at any time. The General Terms and Conditions and the Privacy and Personal Data Protection Policy applicable when the Helperchoice.com website is used are those by which the User is bound.

Users are advised to keep up to date with the currently applicable the General Terms and Conditions. The currently applicable version of the General Terms and Conditions and the Privacy and Personal Data Protection Policy can be viewed at any time by clicking on the link “Terms and Conditions” available in the website footer of Helperchoice.com.

Article 1: Definitions

In these General Terms and Conditions, words or expressions beginning with a capital letter, whether used in the singular or the plural, will have the following definitions:

Assignment”: denotes the service conferred upon the Domestic Helper by the Employer.

Content”: denotes all offers, literature, messages or information of any nature whatsoever (text, images, videos, photographs, comments, marks, company names, etc.) uploaded by a Member.

Domestic Helper”: denotes a Member registered on Helperchoice.com website willing to carry out the Assignment requested by the Employer or offering Personal Assistance Assignments to Employers.

Employer”: denotes a Member, a natural person, wishing to hire the services of a Domestic Helper via the Platform.

Member”: denotes a Domestic Helper or Employer using the Helperchoice.com platform.

Personal Assistance Service”: denotes all of the services offered by Domestic Helpers.

Platform”: “denotes the structure put in place by HelperChoice, which can be accessed online at the following address: https://www.helperchoice.com.

Premium Subscription”: a paid subscription giving the Employer access to the paid services offered by HelperChoice for a limited period, which is tacitly renewable for a period equivalent to the initially chosen period.

Service”: denotes all paid or free services offered by the Platform.

User”: denotes any person using the Platform, whether they are just a visitor or a Member.

Verification”: denotes a free option indicating whether a Domestic Helper has undergone special Verification.

Article 2: Intellectual property

2.1. Content shared by HelperChoice

All elements (drawings, images, text, logos, etc.) constituting the Platform are the exclusive property of HelperChoice. Generally, the User is granted a personal, non-exclusive and non-transferable right to access and use the Platform, with any other right expressly excluded without HelperChoice’s prior consent in writing.

The HelperChoice and Pandcha Limited trademark and Helperchoice.com domain name are, and remain, the exclusive property of HelperChoice and Pandcha Limited.

2.2. Content shared by the User

HelperChoice holds a license to use the intellectual property rights attached to the content provided by the Users for the purposes of distribution on the Platform.

The User expressly authorises HelperChoice to amend the aforementioned content in order to comply with the style requirements of the Platform and/or in order to make it compatible with the technical performance requirements or media formats concerned.

The Users grant an international and non-exclusive license to use the information and/or data provided. Users are solely responsible for the content of the information and/or data. HelperChoice reserves the right to delete any content highlighted and/or interpreted as being illegal, morally reprehensible or infringing intellectual property rights.

When downloading information on the website, the User may restrict or prohibit the use of the information put online on the Platform by notifying HelperChoice via the website or by post addressed to G/F, 511 Queen’s Road West, Sai Ying Pun, Hong Kong.

Article 3: Accessing and using the Platform

3.1. Accessing the Platform

The Platform is accessible 24 hours per day, seven days per week. However, HelperChoice reserves the right, without providing notice or compensation, to temporarily suspend the Platform or access to the remote Services in order to carry out work including but not limited to: updates, maintenance operations and amendments to the servers, etc.

HelperChoice reserves the right to complete or amend the Platform and Services available on the Platform at any time.

In the event of temporary or prolonged unavailability of the Platform, in particular in the event of glitches or in the event of permanent closure of the Platform, HelperChoice cannot be held liable for the damage that occurs other than damage resulting directly from the non-fulfilment of its obligations specified in this instrument.

HelperChoice provides no guarantee that the Platform will function without interruption and that the servers providing access thereto and/or third-party websites for which hypertext links appear, do not contain viruses.

HelperChoice cannot be held liable in the event that one or more Users are unable to connect to the Platform due to any technical fault or issue.

The Platform connects the following persons:

On the one hand: Employers who are registered on the Platform in order to be connected with Domestic Helpers. They offer to pay the Domestic Helpers to carry out Personal Assistance Assignments. Employers’ access to the service is restricted to any natural person with full legal capacity to be bound by these General Terms and Conditions in the context of their Personal Assistance needs and not for the purposes of reselling, leasing or exchanging the Services for the benefit of third parties in the form of a professional or occasional activity. Employers have to be of minimum age for hiring in the country where they reside. To use the Platform and Services. Employers must agree to follow the laws and regulations in the residing country in terms of hiring and employing a domestic helper. Employment agencies are not allowed to register as Employers.

- On the other hand: Domestic Helpers offering Personal Assistance Assignments. Domestic Helpers’ access to the service is restricted to people that have the minimum working age in the country where they are looking for a job. Employment agencies are not allowed to register as Domestic Helpers.

The Platform is a website where employers and domestic helpers can connect and if needed employ the services of third-party employment agencies. Therefore, HelperChoice does not proceed any official paperwork. As such HelperChoice does not handle any employment contract.

Legal persons or natural persons acting on behalf of a legal person or employment agencies are prohibited from registering on the Platform as Employers or as Domestic Helpers without prior written permission from HelperChoice, establishing contact with Domestic Helpers, fully or partially recovering the database from the website or using the website.

HelperChoice reserves the right to ban any User registered on the Platform and take any legal action if it believes that it has incurred damage of any kind as a result of such acts, more specifically in the event of use of its database for commercial or market research purposes (market research carried out on and/or information collected from HelperChoice ‘Users, use of Domestic Helpers’ personal information, misleading advertising, etc.)

Employers and Domestic Helpers registered on the Platform are jointly referred to as “Members”.

As mentioned above, HelperChoice uses the Platform, provides the technical tools and means allowing Employers and Domestic Helpers to connect, hosts profiles, messages and, more generally, any content generated by these.

3.2. Registration on the Platform

In order to use the Services, the User must register on the Platform by completing the dedicated form in order to become a Member. When doing so, the User must provide all information marked as mandatory when completing the form available online on the Platform. This information must be correct, up-to-date, truthful, and proved upon HelperChoice’s first request, as well as updated regularly by the Member via the User profile.

More specifically, the Member must specify a valid email address which will allow them to confirm their registration as well as a telephone number on which they can be contacted.

HelperChoice reserves the right to accept or refuse any registration in the event of non-compliance with these General Terms and Conditions.

The Member agrees to personally use the Platform and refrain from allowing any third-party access thereto in their place or on their behalf. The Member agrees to create just one account.

The Member agrees to ensure that their username and password are kept private and confidential.

(i) Provisions regarding Domestic Helpers

● Verification of information

In order to guarantee Employers the accuracy of information provided by Domestic Helpers called upon to complete Personal Assistance Assignments, HelperChoice offers a Profile Verification System (“Verified Members”). This Verification consists of verifying the identity, personal details and potential qualifications held by the Domestic Helper who have opted for the Verification service.

● Identity: Domestic Helper submits an electronic copy of their identity document (Identity Card, Passport, Residence Permit or Document valid for residents from outside China). HelperChoice will verify that the surname, first name and age submitted during registration on the Platform are consistent;

● Qualifications: if the Domestic Helper states that they hold certain qualifications, they must submit an electronic copy of these. HelperChoice will verify that the qualification has been issued to the surname and name provided during the Domestic Helper’s registration.

By publishing an advertisement, Domestic Helpers agree to HelperChoice forwarding this advertisement to its partners in order to maximise their chances of finding a job or person meeting their expectations.Only the content of the advertisement is automatically forwarded and published on the websites of said HelperChoice’s partners. Domestic Helpers’ identity remains confidential and will not appear on the advertiser’s website. In order to contact Domestic Helpers, any person interested in the advertisement appearing on the partner’s website will be automatically redirected to the Platform and must register in order to contact the Domestic Helpers.

(ii) Provisions regarding Employers

Employers have the option to publish an advertisement describing the Personal Assistance Assignment for which they wish to find a Domestic Helper.

By publishing an advertisement, Employers agree to HelperChoice forwarding this advertisement to its partners in order to maximise their chances of finding a job or person meeting their expectations. Only the content of the advertisement is automatically forwarded and published on the websites of said HelperChoice’s partners. Employers’ identity remains confidential and will not appear on the advertiser’s website. In order to contact Employers, any person interested in the advertisement appearing on the partner’s website will be automatically redirected to the Platform and must register in order to contact the Employers.

Article 4: Conditions for accessing the Service

Access to and registration on the Platform are free of charge. Usage is also free of charge depending on the services required.

Using the internal messaging service is free of charge, Domestic Helpers who are registered with the Platform may contact Employers who have published an advertisement.

Employers who are registered with the Platform may view the availability of Domestic Helpers.

Moreover, in addition to registration, Employers may choose to sign up for the Premium Subscription service in order to become a “Premium Member”, it being specified that all packages are subject to a fee.

Any Employer Member may sign up for the Premium Subscription Service offered as a bimonthly, monthly or quarterly package, allowing them to take advantage of the following benefits:

● Advertisements of Premium Employers will appear at the top of the results list following a default search carried out by Domestic Helpers;

● Premium Employers may contact Domestic Helpers on an unlimited basis via the internal messaging service;

● On an unlimited basis, Premium Employers may contact Employers who have published a care advertisement shared via the internal messaging service;

● Premium Employers will have access to the telephone numbers of all Domestic Helpers who have agreed to provide these, it being specified that access to Domestic Helpers’ telephone numbers is only granted once a response from the Domestic Helper has been received via the internal messaging service;

● Premium Employers may view advertisements published by other Employers in relation to Domestic Helper Assignments. They may contact the Employers who have created these advertisements via the internal messaging service on an unlimited basis;

The price of Premium Subscriptions can be found on the website in the dedicated area.

Employers must provide their credit or debit card number as well as the expiry date and the three-digit security code on the back of the card. The SSL (Secure Sockets Layer) protocol guarantees complete privacy and confidentiality of personal information provided online.

All payments are final and no partial or total refund for the subscription will be granted by HelperChoice as specified in clause 9 below.

Employers are able to submit a promotional (promo) code offering them a discount on the standard price or a number of days of free subscription.

By accepting the general terms and conditions, Employers acknowledge that the promo codes:

- Cannot be used for other goals as those envisioned by the specific conditions established by HelperChoice for each promo code;

- Cannot be duplicated, sold, or transferred in any way, nor be made available to the general public through a post in a public forum, social media or other without HelperChoice’s express authorisation;

- Can expire before use and be deactivated by HelperChoice at any time for any reason without engaging HelperChoice’s liability.

HelperChoice reserves the right to refuse any promo code and/or to make the order and the use of those promo codes of a Member invalid in the case HelperChoice estimates the use of a promo code has been made wrongly, fraudulently, illegally or contrary to specific conditions applicable to promo codes or to the General Terms and Conditions. In addition, in those situations, HelperChoice reserves the right to:

- Proceed to the closure of the account of the Member disregarding the aforementioned conditions;

- Ask the refund the promo codes used for another goal than the one described in the established specific conditions by HelperChoice or by the General Terms and Conditions.

The Premium Subscription service is tacitly renewed for the same term as the one initially chosen.

It is possible to end the automatic renewal of the Premium Subscription at any time by selecting the “Stop the automatic renewal” option which can be found by clicking on the section “My Account”, then selecting “Premium”, then the “Option” tab.

The Employer is informed about the automatic renewal at the time of payment for the Premium Subscription. The information is provided on the dedicated page before these actions are carried out.

Article 5: Description of the Services

5.1. Internal Messaging Service

An Employer may contact a Domestic Helper via the internal messaging service if he subscribes to a Premium Subscription. The Employer must provide information on their Assignment request: the type of service, working days etc.

If the Domestic Helper agrees to contact the Employer, the Employer may then offer subject to having subscribed to a Premium Subscription.

One or more interviews to the Domestic Helper, specifying the date and times of the meeting and - if the interview will be in person the place must be specified. If a telephone interview, the place does not need to be specified.

Provided that they have signed up for the Premium Subscription service, and aforementioned cases excluded, the Employer may send written messages to a Domestic Helper, as long as this initial contact has been accepted by the Members. If the Employer has not signed up for the Premium Subscription service, they can’t send any message to Domestic Helpers.

The Employer may access the telephone number provided by the Domestic Helper as soon as the Domestic Helper agrees to the contact with the Employer.

A Domestic Helper may contact an Employer via the internal messaging service. When the first message is sent, the Domestic Helper is asked to provide their motivation in writing in response to the Employer’s offer.

The Employer may access the telephone number provided by the Domestic Helper as soon as the Employer agrees to the contact with the Domestic Helper.

Provided that they have signed up for the Premium Subscription service, the Domestic Helper may access the Employer’s telephone numbers as soon as the Employer accepts the contact by the Domestic Helper.

The Domestic Helper may accept, refuse or discuss an Employer’s request for an interview.

The Domestic Helper may send written messages to an Employer provided that the initial contact has been accepted by both parties.

5.2. Assignment Request

The rates are freely negotiated between the Employer and the Domestic Helper within the limits drawn by legislation.

HelperChoice reserves the rights to exclude any User registered on the Platform who is disrespecting these Terms.

Under no circumstances will HelperChoice advise or guide the Employer when choosing a professional or when hiring a Domestic Helper.

The Employer is solely responsible for selecting the Domestic Helper who they will contact, and they undertake to comply with the legislation in force when drawing up the contracts between them.

HelperChoice does not guarantee the Employer that the Domestic Helper has the necessary documents allowing them to carry on a paid or unpaid activity in the country where they reside. Hong Kong and Singapore. HelperChoice cannot be held liable under any circumstances.

In general, the Employer undertakes to provide all information and means necessary to allow the Domestic Helper to carry out the Assignment and undertakes to pay the Domestic Helper for the Assignment.

This document does not constitute legal advice in any way; only legal professionals are authorized to provide such advice.

The Platform in itself does not provide any home-based services. Rather, it acts as an intermediary with a view to connecting Members.

Article 6: Quality assessment of Assignments

Once work has been carried out by a Domestic Helper, the Employer will be invited to leave a comment on the quality of the Assignment completed by the Domestic Helper and give them a rating.

The comments and ratings left by Employers can be viewed by other Users on the Domestic Helper’s profile.

HelperChoice reserves the right not to publish the rating given in the event of abuse or if the rating appears inappropriate.

Domestic Helpers agree that their Assignment(s) may be rated by Employers and are aware that this will take place on the Platform.

The aim is to provide Employers with a guarantee of the skills held by Domestic Helpers called upon to complete Assignments.

Under no circumstances does the rating relate to the person, but rather their Assignment as a home-based Domestic Helper.

The rating consists of grading several aspects of the Assignment, with scores of between one and five stars. Adding these grades together gives an overall rating which is also between one and five stars.

The grading criteria are as follows:

● Punctuality;

● Conscientiousness;

● Communication skills;

● Enthusiasm.

If the Domestic Helper has received at least one rating, the average rating of between one and five stars will be published online next to the Domestic Helper’s profile, as said profile is published online on the Platform. A new average will be established with each new rating.

Individual ratings given by Employers to a Domestic Helper may be disclosed to the Domestic Helper in question if requested. The Domestic Helper may respond to the rating, exercising their right to respond, by responding to the rating on their profile.

Depending on their length of service or on trends in ratings given by Employers, HelperChoice reserves the right to delete ratings.

Article 7: Payment to HelperChoice

In return for the Services provided to Employers, HelperChoice will receive the price of Premium Subscriptions.

The amounts paid for Premium Subscriptions are indicated on the Website.

No fees of any kind has to be paid by Domestics Helpers.

HelperChoice reserves the right, at its discretion and under the terms and conditions for which it will have the final say, to propose promotional offers.

The amounts payable for Subscriptions may be increased or decreased at any time. The new amounts will apply to any Subscription signed up for after their entry into force.

Article 8: Financial transactions for Premium Subscriptions

HelperChoice has chosen to entrust Payline with respect to all of its payment services via Debit/Credit Card for Premium Subscriptions. By using the Debit/Credit Card payment system, Members accept the Payline Special Terms of Use, which can be viewed here: https://support.payline.com/hc/fr/articles/360001231208-RGPD-MONEXT-v1-0

Article 9: Refund

No payments made by Members is refundable except for special cases, which are agreed and approved on a case-by-case basis by HelperChoice’s staff. Members cannot request HelperChoice to repay them more than the amount of the payments they made.

Article 10: Roles and responsibilities

10.1. Roles and responsibilities of Members

Users have the following obligations:

● To refrain from using the Platform for any purposes other than those defined in this Introduction.

● To refrain from disclosing personal information on their profile, allowing other Users to contact them without going through the services offered by HelperChoice.

● To refrain from posting, indicating or disseminating, in any form whatsoever, information or content aimed at decreasing, disrupting or preventing normal use of the Services, interrupting and/or slowing down normal circulation of messages between Users via the Services, such as software, viruses, logic bombs, spamming, etc. HelperChoice reserves the right to delete spam messages sent by a User in order to retain normal use of the Service for the other Users.

● To refrain from posting, indicating or disseminating, in any form whatsoever, nor make any comments or engage in any behavior of a slanderous, damaging, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist or xenophobic nature or with sexual connotations, inciting hate, violence, discrimination or hate [sic], encouraging illegal activities or the use of illegal substances, or more generally activities that are in breach of the purposes of the Platform and able to damage the rights of HelperChoice or a third party or which are contrary to public order;

● To refrain from posting, indicating or disseminating, in any form whatsoever, information or content which includes links to third party websites of an illegal nature, contrary to public order and/or non-compliant with HelperChoice’s purpose.

Users are reminded that they are not authorized to indicate or disclose to other Users via the Platform information enabling others to identify them, such as their surname, postal address, email address or telephone number.

By using the Platform, you agree to indemnify HelperChoice, our directors, employees, agents, subcontractors, and affiliated companies against any and all third-party claims and liabilities related to your breach of this Agreement.

10.2. Roles and responsibilities of HelperChoice

HelperChoice and Members are independent parties, each one acting in their own name and on their own behalf.

HelperChoice does not enter into any agreement in the name and/or on behalf of a Domestic Helper or Employer. Domestic Helpers and Employers enter into agreements directly between themselves via the Platform.

Since HelperChoice is not a party to any agreements entered into between Users, it cannot be held liable in any way for any difficulties which may arise when entering into or during the implementation of these agreements entered into between Users, and nor can it be a party to any disputes whatsoever between them in relation to guarantees, declarations or obligations of any kind by which Users are bound.

More specifically, HelperChoice is therefore not liable for the quality or conformity of Assignments undertaken by Domestic Helpers.

HelperChoice is not liable in the event of money transfer outside the Platform by an Employer or a Domestic Helper.

As a result, HelperChoice cannot be considered as a Member’s employee/employer under any circumstances and the Domestic Helpers cannot be considered as subcontractors of HelperChoice.

HelperChoice declines any liability for any incidents or accidents which may be suffered by Members or third parties during Assignments. More generally, HelperChoice cannot be held liable for damage of any nature (personal, physical, material, financial or any other) arising during an Assignment. No claim in this regard will be accepted.

HelperChoice strives to partner in good faith with reliable and licensed employment agencies.

However, HelperChoice will not be held responsible for any risk that may occur. Please make your own decision whether visiting or not those employment agencies or websites. Members bear any risk, damage and/or loss that may occur.

Agencies and partners are independent from HelperChoice. It is the agency or partner’s responsibility to make sure their communication with Members complies with local regulations.

If Members decide to subscribe to a package with them, HelperChoice is not responsible for any outcome. Members must sign a contract with the agency and communicate with them in case of disagreement.

All Members must ensure that they request all mandatory documents and that the agency has the appropriate license before entering an agreement with them. Any communication the Employer have with them is between them and the third party and we will not be liable for any of its outcomes.

HelperChoice shall not be held responsible, in case of any damage or cost arising from using the Platform website. Regardless of direct hire or using HelperChoice’s partner agency, it is the responsibility of the Members to make sure their decisions and actions comply with local laws and regulations.

HelperChoice undertakes to provide the Services with diligence and in accordance with the applicable rules, regulations and legislation, it being specified that it is bound by an obligation to provide the means rather than an obligation to achieve results, which Users expressly acknowledge and accept.

HelperChoice’s liability is exclusively limited to the provision of the Services in accordance with the terms and conditions set out in these Terms.

HelperChoice cannot be held liable for Content written by third parties. Moreover, any claim must be forwarded in the first instance to the author of the Content in question.

HelperChoice is not responsible for any safety issues occurring while using the services online or meeting users met on the platform offline. We advise all members to take necessary precautions for personal safety.

Any Content causing damage to any person whatsoever may be reported to HelperChoice that reserves the right to take the measures laid out in s.11 and 12.

Article 11: Penalties for non-fulfilment

In the event of non-fulfilment of any of the provisions laid down in these General Terms and Conditions, or more generally any breach of the laws and regulations by the User, HelperChoice reserves the right to:

• Suspend, delete or prevent access to the Services by the Member or the person responsible for, or involved in the non-fulfilment or breach;

• Delete all or part of any Content in relation to the non-fulfilment or breach in question;

• Take any appropriate measures and issue any court proceedings;

• Where applicable, notify the relevant authorities, collaborate with them and provide them with all information which may help to identify and stop illegal or unlawful activities.

Article 12: Suspension and termination

12.1. Deactivation of a Member’s account

Each Member may deactivate publication of an advertisement published on their personal account in order to be connected with other Platform Members. The deactivation is in this case temporary and the Member may reactivate it any time. As a result, the Member’s account will no longer appear in the search list.

The User may reactivate their advertisement at any time.

12.2. Termination of the Member’s account

- Domestic Helper’s account:

Each Domestic Helper Member may terminate their registration with HelperChoice at any time by asking for their account to be closed without any reason and without any costs, in the section My account, Deactivate my account, Delete my account.

- Employer’s Account

Each Employer may terminate their registration on HelperChoice at any time by requesting the closure of his account for no reason and without charge other than those related to the transmission of his request or on his profile by clicking on the profile modification pencil icon and by clicking on "Unsubscribe from HelperChoice " and clicking on “Yes”.

If the Employer has subscribed to a Premium Subscription whose renewal has not been stopped, he must stop renewing his Premium Subscription.

- General provisions

Without prejudice to the other provisions laid down in this these Terms, in the event of a serious breach on the part of a Member, HelperChoice may terminate their account without warning or official notification. This termination will have the same effects as any termination acted out by the Member.

This termination will take place without prejudice to any damages which may be claimed by HelperChoice from the Member or their legal beneficiaries and legal representatives in order to compensate for any damage suffered by HelperChoice as a result of such breaches.

Article 13: Privacy and Personal Data Protection Policy

HelperChoice cares about the privacy of Users who visit the website and Members who register to use its services. All our decisions are made with our Members’ best interest at heart. We have drafted this Privacy and Personal Data Protection Policy as clearly as possible, so you are aware of what is going on with respect to your privacy on HelperChoice. This Privacy and Personal Data Protection Policy describes our privacy practices in relation to the use of the site and the related applications and services offered by us. HelperChoice abides by the Hong Kong Data Privacy Law as set forth by the Privacy Commissioner for Personal Data, Hong Kong.

13.1. Data Protection

HelperChoice aims to connect Employer and Domestic Helpers globally to allow them to find the right match efficiently. Our registered Members can upload their profiles, contact Domestic Helpers for hiring and employment opportunities. Domestic Helpers profiles and Employer ads are visible to unregistered Users, but they have no access to contact information such as full name, email and telephone. Domestic Helpers can contact Employers only through HelperChoice’s online messaging system. Premium Services Users can see the Domestic Helper’s phone number if they have shared this information on their profile. The interest of all our Members are central to our business ethics.

Maintaining your trust is important to us. Our Member’s privacy is a priority at HelperChoice, and we are committed to protecting all parties who use our services. We do not share any data with third parties except (a) when we must comply with government department regulations (b) when you have given your written consent for the provision of your personal data to others. Please read further to learn more about our practices, including (a) what type of information is collected, (b) how the information is used and to whom we disclose the information, and (c) how we maintain security with shared information.

13.2. Application

This Privacy and Personal Data Protection Policy applies to HelperChoice.com and other products and services we render. HelperChoice.com may contain links to third party websites. The information practices or the content of such third-party websites is governed by the privacy statements found therein. We encourage you to review the privacy statements of third-party websites to understand their information practices.

Our Privacy and Personal Data Protection Policy covers both privacy and confidentiality measures taken with our clients and any direct end-user. We may modify this Privacy and Personal Data Protection Policy in the future, but will inform you if we do, so that you can review the changes before you continue to use HelperChoice. Opening your account means that you consent to our Privacy and Personal Data Protection Policy.

13.3. Collection

We collect your information to offer you an efficient, personalized and effective experience when searching for a Domestic Helper or Employer. Collected data is used to maximize your chances to help you find the right Domestic Helper or Employer. When you create a profile or an advertisement on HelperChoice, you must provide your name, email address, a mobile number, a password and agree to our Terms & Conditions. You may provide additional information to help you find the right Domestic Helper or Employer. You understand that by creating an account, we and others will be potentially able to identify you by the details you provided.

When you contact our customer support services, we may have to access your profile, advertisement and other contributions to HelperChoice and collect the information we need to categorize your question, respond to it and, if applicable, investigate any breach of our Terms and Conditions or this Privacy and Personal Data Protection Policy. We will also use this information to examine trends, investigate potential problems and to personalize our support.

HelperChoice is an innovative online platform and we are always working to improve our services. This means we may introduce new features, some of which may lead us to collect new information to optimize our offerings. If we need to collect more personal information, we will modify this Privacy and Personal Data Protection Policy.

13.4. Rights

Following Section 56 of the Employment Ordinance law, deletion of user accounts will be permanent 12 months after the expiration of each accounting year only. As such we comply with the Data Protection Principles of the Personal Data (Privacy) Ordinance.

All Members are entitled to enquire whether HelperChoice holds any of their personal data, and to request a copy of such personal data held. If it is found that the data contained therein is inaccurate, members have the right to request us to correct the record. In such case, we will accede to the access and correction requests within a statutory period of 40 days. Should we fail to process the request within the period specified, we will provide a reply and state its reasons within 40 days.

Members who wish to make data access requests may download the Data Access Request Form (OPS003) from the Privacy Commissioner's Office and send us the completed form. As permitted by the Ordinance, HelperChoice will be entitled to charge a reasonable fee to comply with the data access request. Such fee shall not exceed the direct cost for complying with such requests.

13.5. User

You agree that the information you provide on your profile can be seen by others and used by us as described in this Privacy and Personal Data Protection Policy. Information can be obtained by HelperChoice support staff and representatives through your voluntary submission of information through our website, by email, phone or direct meeting. We gather information to better understand your needs and requests only, and do not disclose, sell, or market any information to a third party, unless you have agreed to the provision of your personal data to others. In this case, the permitted class of marketing subjects, the permitted class of persons and the permitted kind of personal data will be stated clearly through the response channel chosen, being in this case an online facility where you can subscribe and unsubscribe to the provision of your personal data to others.

We communicate with you through email, notices on our direct messaging platform, and other means including mobile text messages and instant messaging apps. These communications can include: welcome message, information about how to optimize the use of our services, new features, membership related queries, newsletters, messages received in your HelperChoice inbox and so on. We are also following the advice given by the Labor Department on the dissemination of information concerning the employment of a Domestic Helper.

You may receive third party marketing promotions through our newsletters, but your personal data won’t be shared to the said third parties, unless you have agreed to the provision of your personal data to others. You can opt-out our newsletter recipient list at any time by editing the settings of your HelperChoice online account.

We use the information and content provided by you and other members to conduct research for development and improvement of our services to provide all HelperChoice Members with a better experience. We also customize your experience, for example when you indicate you are looking for Domestic Helpers in Hong Kong, you are automatically redirected to our Hong Kong website.

It may be possible that we need to disclose personal information, profile information, job ads or information about your activities at the HelperChoice website when required by law, subpoena or other legal processes globally. We will only do this if we have good faith that disclosure is reasonably necessary to investigate, prevent or act against suspected or actual illegal activities (such as scamming, and online abuse) or to assist government enforcement agencies. We exercise the right to protect the rights and safety of HelperChoice, our members and others.

13.6. Security

HelperChoice takes precautions including technical, administrative, and physical measures to safeguard your information against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Access to our database is limited to HelperChoice only, and we take all reasonable measures to ensure that your information is correct and securely maintained. We communicate these guidelines to all employees and strictly enforce privacy safeguards within our company. To protect any data stored on our servers, we regularly check and monitor our system for possible vulnerabilities and attacks. However, since the internet is not always secure, we cannot ensure or warrant the security of any information that you submit to us. We expect you to protect the security of login information so that others cannot access your account. We strongly advise you to be careful with confidential information and to never pay anyone through our website. If we suspect anyone of online abuse or scamming, we will delete their accounts per our Terms and Conditions.

13.7. Contact

If you want to contact us related to these terms, please contact us by email with detailed information on how we can assist you and we will get back to your query as soon we can.

Article 14: Survival

In the event that one of the provisions contained in these General Terms and Conditions becomes invalid or unenforceable following a change to legislation or a court decision, this will not under any circumstances affect the validity and compliance with the other clauses contained in these terms and conditions.

Article 15: Applicable law – Competent courts

In the unlikely event that we end up in a legal dispute, it shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, regardless of your geographical residential location or where you used our services.