Privacy Policy and Terms of Use

Privacy Policy Statement
Policy Statement
  1. The Government of the Hong Kong Special Administrative Region of the People's Republic of China ("the Government") is concerned to ensure that all personal data collected through and held, processed and used in "iAM Smart" system are handled in strict adherence to the relevant provisions of the Personal Data (Privacy) Ordinance (Cap 486) ("the PD(P)O").
  2. When we collect personal data from individuals, we will provide them with a Personal Information Collection Statement ("PICS") on or before the collection. The personal data will only be collected and used as stated in the PICS.
  3. "iAM Smart" will collect personal data from individuals of age 11-17 ("Minors") when they register and use "iAM Smart". The personal data of a Minor will only be collected and used as stated in the PICS with prior consent of the parent/guardian of the Minor. Guardian here means the person who has parental responsibility for the Minor under the meaning of "Relevant Person" as defined in Section 2 of the Personal Data (Privacy) Ordinance (Cap. 486).
Statement of Practices
  1. During registration of "iAM Smart", the types of personal data collected by the "iAM Smart" system may include the Hong Kong Identity Card ("HKIC") number, English name, Chinese name, sex, date of birth, date of issue and image of the HKIC, email address and facial images of the "iAM Smart" applicants and the parents/guardians of the Minor applicants for processing the application and providing "iAM Smart" services. After successful registration and in the course of using "iAM Smart", personal data (e.g. system identifiers, usage data, etc.) may be generated and collected by the "iAM Smart" system.
  2. If the "iAM Smart" user provides his/her personal data in "e-ME"¹ , all personal data provided will be collected by the "iAM Smart" system. The personal data may include HKIC information and common personal data for form filling, such as residential address, email address, phone number, etc. It is voluntary for user to provide or partially provide his/her personal data for using "e-ME".
  3. "iAM Smart" may collect personal data from online service providers when providing "iAM Smart" services to users, including but not limited to digital signing, address document for "e-ME" and personalised notification.
  4. "iAM Smart" may collect personal particulars from enquirers / complainants, including name, contact number, email address and other information that may be provided in relation to the helpdesk services when handling enquiries/complaints received by phone, email and live chat function of "iAM Smart" app and "iAM Smart" website.

    ¹ "e-ME" is a function in "iAM Smart" to facilitate online form filling using the personal information provided and stored by users in the "iAM Smart" system.
Information Security and Privacy Protection
  1. The Government has been adhering strictly to her policies and guidelines on information technology security as well as the PD(P)O, in areas such as data security, network and communication security, user access management, application system security, and security measures to protect personal data.
  2. Personal data in the "iAM Smart" system are encrypted using prevailing internationally recognised Advanced Encryption Standard and stored in government data centre facilities. To conform to industry encryption standards, Transport Layer Security is also adopted to encrypt data to ensure data security and integrity during transmission over the internet.
  3. The Government will follow the international standards ISO27001 and ISO27701 on information security management and privacy information management to implement and operate the "iAM Smart" system.
Data Breach Handling
  1. The Government is committed to taking all reasonably practicable steps to ensure that the personal data held by it is protected against unauthorised or accidental access, processing, erasure, loss or use, having particular regard to the kind of the data and the harm that could result if any of those things should occur.
  2. In case of data breach, notification will be given to the data subjects affected and the relevant parties as soon as practicable. The Government shall take remedial actions to lessen the harm or damage that may be caused to the data subjects in a data breach. The Government will inform the Office of the Privacy Commissioner for Personal Data of the data breach incident as appropriate.
Data Retention
  1. The Government maintains and executes retention policies of records containing personal data in relation to "iAM Smart" to ensure personal data will not be kept longer than is necessary for the fulfilment of the purpose for which the data is or is to be used and in accordance with the relevant statutory provisions.
Disclosure of Data
  1. Save and except for the purposes stated in the PICS applicable to that user, or for purposes exempted under the PD(P)O, the personal data will not be transmitted to any third parties for whatever purposes without his/her prior consent. Exemptions include the passing of personal data to law enforcement agencies who are authorised to receive information relating to prevention or detection of crime.
Outsourcing Arrangement
  1. The Government has engaged third-party contractors for the development and maintenance of "iAM Smart" system, as well as other operational tasks such as "iAM Smart" registration services, helpdesk services, etc. which may involve personal data of "iAM Smart" applicants and users. The third-party service providers are required to act in strict compliance with the PD(P)O, and follow the government policies and guidelines on information technology security when carrying out their tasks through contractual or other arrangements.
"iAM Smart" Website
  1. The Government will record visits to "iAM Smart" website without collecting any personal data of users. Such general information is only collected for the compilation of statistical reports and the diagnosis of problems with concerning computer systems, and carrying out of analysis and research to help improving the "iAM Smart" website and providing new services.
  2. Cookies will be stored in computer's or mobile device's hard drive during browsing the "iAM Smart" website. Cookies are used to enhance users' web browsing experience. If the user does not accept cookies, certain functionality may not be available.
The "iAM Smart" App
  1. "iAM Smart" app will access to functions or data on user's device which may contain personal data or privacy information. Such functions or data include –
    1. Camera function - The "iAM Smart" app may use the camera function of user's device to capture applicants' HKIC and selfie images during registration and account management functions of "iAM Smart", and for QR code scanning during the usage of "iAM Smart";
    2. Access to storage - The images captured by the camera as mentioned in 18 (a) are saved temporarily in the device storage for processing. They will be deleted after the operation; and
    3. Biometric authentication function - The "iAM Smart" app uses the biometric authentication function built in the user's device to perform authentication. The "iAM Smart" app will not collect, store or transfer any of this biometric information of the user to any third parties.
  2. Chatbot function in "iAM Smart" app will not request the users to provide any personal data. For protection of privacy, users should not provide any personal data when using the function.
  3. Session cookies are used to identify the users during their log-in sessions in online services. Such cookies are deleted from the system once the session is finished.
  4. The "iAM Smart" system may record usage data of the "iAM Smart" app from users. Such data are collected for the compilation of statistical reports, diagnosis of problems with or concerning computer systems, and carrying out of analysis and research to help improving the app and providing new services.
Data Access and Correction
  1. Data access requests should be made directly to "iAM Smart" Operation Manager by email at enquiry@iamsmart.gov.hk, or by mail to -

    Office of the Government Chief Information Officer 15/F, Wanchai Tower, 12 Harbour Road, Wan Chai, Hong Kong
  2. When handling a data access or correction request, the Government will check the identity of the requester to ensure that he/she is the person legally entitled to make the data access or correction request. A fee may be chargeable by the Government for data access request. Requestors will be advised in advance of the charge to be levied.

Enquiries
  1. Any enquiries regarding the privacy policy may be addressed to the "iAM Smart" Operation Manager via email at enquiry@iamsmart.gov.hk or telephone number 182 123 during office hours.

    This Privacy Policy has been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
Last Revision Date: 22 December 2020
Personal Information Collection Statement
Collection of Personal Data
  1. During registration for "iAM Smart", the following personal data will be collected from you –
    1. the personal data as appeared on your Hong Kong Identity Card ("HKIC") including HKIC number, English name, Chinese name, sex, date of birth and date of issue;
    2. your email address;
    3. the images of your HKIC if the registration is performed via the "iAM Smart" app; and
    4. your facial images if the registration is performed via the "iAM Smart" app or "iAM Smart" self-registration kiosk.
  2. After successful registration and in the course of using "iAM Smart", your personal data (e.g. system identifiers, usage data, etc.) may be generated and collected by the "iAM Smart" system.
  3. The "iAM Smart" system will collect all the personal data you input, amend or update from time to time (if any) in the "iAM Smart" app through "e-ME" and account management functions.
  4. When performing account management functions, you may be required to provide personal data including HKIC information and/or your email address for verification.
  5. Your facial images may be collected by the "iAM Smart" system when conducting account management functions via the "iAM Smart" app.
  6. When you use the digital signing function, the online service providers who adopt "iAM Smart" ("online service providers"), including but not limited to Government bureaus/departments, public bodies, non-governmental organisations and commercial organisations, may ask you to input your HKIC number. Your HKIC number may be passed to and collected by the "iAM Smart" system.
  7. Your address document may be collected by the "iAM Smart" system if you choose to receive the address document from the address document providers, and save in your "e-ME" profile.
  8. Notification messages sent by the online service providers, which may contain your personal data, will be collected by the "iAM Smart" system if you choose to receive notification messages via the "iAM Smart" app.
  9. The date of issue of HKIC, HKIC images and facial images collected in Clauses 1(a), 1(c), 1(d) and 5 will be deleted immediately after the registration or the account management is completed and will not be stored in the "iAM Smart" system. The HKIC number collected in Clause 6 will be deleted immediately after the digital signing operation is completed and will not be stored in the "iAM Smart" system.
  10. Your personal data collected by "iAM Smart" system will not be kept longer than is necessary for the fulfilment of the purpose for which the data is or is to be used and in accordance with the relevant statutory provisions.
Purpose of Collection
  1. The personal data we collect as mentioned in Clauses 1 – 10 above will be used for the following purposes –
    1. processing your registration and verifying the information to confirm your eligibility for "iAM Smart";
    2. carrying out matching procedure under the Personal Data (Privacy) Ordinance ("PD(P)O") (Cap. 486) with the Immigration Department ("ImmD") regularly. Your personal data will be compared with the Registration of Persons ("ROP") records kept by the ImmD. The comparison results will be returned to "iAM Smart" system to confirm your eligibility to continue using "iAM Smart". The matching procedure will be conducted regularly after successful registration of your "iAM Smart";
    3. providing the "iAM Smart" services, including but not limited to authenticating your identity, processing your "iAM Smart" service requests such as authentication, digital signing, "e-ME", etc., displaying notification messages, administering your "iAM Smart" account or "iAM Smart+" account and processing, handling or communicating with you in respect of any customer services or service support requests relating to "iAM Smart";
    4. operation of "iAM Smart", including but not limited to problem diagnosis, statistical analysis and audit; and
    5. processing your application, issuance, renewal and revocation of "iAM Smart-Cert" for "iAM Smart" digital signature service if you are registering for an "iAM Smart+" account or you are an "iAM Smart+" user.
  2. Please note that it is not mandatory for you to provide the required personal data for registration and using "iAM Smart". It is voluntary for you to provide or partially provide your personal data for using "e-ME". However, in the event that you do not provide such personal data, the "iAM Smart" system will not be able to process your registration or may not be able to complete your "iAM Smart" service requests. In the case of "e-ME", only the personal data you provided will be used to perform the online form-filling function.
Classes of Transferees
  1. The Government may disclose your personal data to the following government entities and organisations in the following circumstances - 
    ImmD
    1. during registration of "iAM Smart", your HKIC information and facial images (if provided) will be sent to the ImmD to compare with the ROP records. The comparison results will be returned to "iAM Smart" system for the purpose as stated in Clause 11(a);
    2. during account management occasions, your HKIC information and facial images may be sent to the ImmD for comparing with the ROP records kept by the ImmD. The comparison results will be returned to "iAM Smart" system;
    3. your HKIC information are sent to the ImmD regularly for the purpose as stated in Clause 11(b);
    Hongkong Post Certification Authority
    1. if you register for "iAM Smart+" account, your HKIC number (in hash format), surname, and given name (if provided) will be passed to the Hongkong Post Certification Authority for the purpose as stated in Clause 11(e);
    Online Service Providers adopting "iAM Smart"
    1. during the authentication of online services for the first time, your personal data including your HKIC information will be passed to the corresponding online service providers for linking up your account. The exact personal information to be passed may vary for different online services. The "iAM Smart" system will inform you what information will be sent and ask for your consent before every link-up process;
    2. when you use "iAM Smart" functions in online services, the "iAM Smart" will pass your "iAM Smart" system identifiers to the corresponding online service providers for identifying you without the need of using other sensitive personal information;
    3. online service providers and "iAM Smart" system may use your "iAM Smart" system identifiers instead of using other sensitive personal information for relaying notification messages to you;
    4. the personal data you provided voluntarily in "e-ME" will be passed to the online service providers by filling in online forms when you use the "e-ME" form filling function. You may select what data to be used for each form filling request. You have to confirm and authorise the "iAM Smart" system for completing your form filling requests;
    Others
    1. your personal data may be accessed and processed by the authorised agents engaged by the Government for the operation and maintenance of "iAM Smart" including the mobile registration service and helpdesk service; and
    2. with your consent or where disclosure is authorised or required by law, your personal data may be disclosed to law enforcement agencies.
  2. The Government will use your ROP records kept by the ImmD for the data comparison as stated in Clause 13(a) and (b), as well as for conducting the matching procedure as stated in Clause 13(c). In the event that your personal data kept by "iAM Smart" is not matched with your ROP records kept by the ImmD during the matching procedure, you may correct your personal data kept by "iAM Smart" by following the instructions of the "iAM Smart" system.
Access and correction of personal data
  1. You have the right to access to and correct the personal data provided during registration or in relation to the usage of "iAM Smart".
  2. A person who has parental responsibility (i.e. the relevant person under Section 2 of PD(P)O) for the Minor "iAM Smart" user (i.e. user of age between 11 and 17) can make data access and correction request on behalf of the Minor user.
  3. You may access to and correct the personal data kept in "e-ME" through the "iAM Smart" app.
  4. Other than those data stated in Clause 17, you may request access to or correction of your personal data stored by "iAM Smart" system in accordance with sections 18 and 22 and Principle 6 of Schedule 1 to PD(P)O, by sending a data access or correction request to "iAM Smart" Operation Manager by email at enquiry@iamsmart.gov.hk, or by mail to -


    Office of the Government Chief Information Officer 15/F, Wanchai Tower, 12 Harbour Road, Wan Chai, Hong Kong
Last Revision Date: 22 December 2020
Personal Information Collection Statement (for Parent/Guardian of Minor Applicants)
Collection of Personal Data
  1. During registration for an "iAM Smart" account or "iAM Smart+" account for a person of age 11 to 17 ("Minor"), the following personal data will be collected from you, being the person with parental responsibility (i.e. the "Relevant Person" under Section 2 of the Personal Data (Privacy) Ordinance ("PD(P)O") (Cap. 486)) for the Minor –
    1. your Hong Kong Identity Card ("HKIC") number if the registration is done via the "iAM Smart" app or "iAM Smart" self-registration kiosk; and
    2. the personal data as appeared on your HKIC including HKIC number, English name, Chinese name, sex, date of birth and date of issue if the registration is done via "iAM Smart" service counter or mobile registration team.
  2. Your personal data collected as mentioned in Clause 1(b), excluding the HKIC number, will be deleted immediately after the registration for the Minor is completed and will not be stored in the "iAM Smart" system.
  3. Your personal data collected by "iAM Smart" system will not be kept longer than is necessary for the fulfilment of the purpose for which the data is or is to be used and in accordance with the relevant statutory provisions.

Purpose of Collection
  1. The personal data you provided in connection with the registration of the Minor applicant will be used for the following purposes –
    1. verifying that you are of age 18 or above, not deceased and using a valid HKIC to provide your consent during registration for "iAM Smart" of the Minor;
    2. processing, handling or communicating with you in respect of the registration for "iAM Smart" of the Minor; and
    3. operation of "iAM Smart", including but not limited to problem diagnosis, statistical analysis and audit.
  2. Please note that it is not mandatory for you to provide the required personal data. However, in the event that you do not provide such personal data, we may not be able to process the registration for "iAM Smart" of the Minor.
Classes of Transferees
  1. The Government may disclose your personal data to the following government entities and organisations in the following circumstances - 

    Immigration Department ("ImmD")
    1. during registration for "iAM Smart" of the Minor via "iAM Smart" service counter or mobile registration team, your HKIC information will be sent to ImmD for comparing with your information at the Registration of Persons ("ROP") records. The comparison results will be returned to "iAM Smart" system for the purpose as stated in Clause 4(a);
    Others
    1. your personal data may be accessed to or processed by the service providers engaged by the Government for the operation and maintenance of "iAM Smart" including the mobile registration service and helpdesk service; and
    2. with your consent or where disclosure is authorised or required by law, your personal data may be disclosed to law enforcement agencies.
  2. The Government will use your ROP records kept by ImmD for data comparison as stated in Clause 6(a).
Access and correction of personal data
  1. You have the right to access to or correct your personal data stored by the "iAM Smart" system in accordance with sections 18 and 22 and Principle 6 of Schedule 1 to PD(P)O, by sending a data access or correction request to "iAM Smart" Operation Manager by email at enquiry@iamsmart.gov.hk, or by mail to -

    Office of the Government Chief Information Officer
    15/F, Wanchai Tower, 12 Harbour Road, Wan Chai, Hong Kong
Last Revision Date: 22 November 2020
"iAM Smart" User Terms of Use
  1. The following are the terms and conditions for the use of "iAM Smart" ("the Terms"). The Government of the Hong Kong Special Administrative Region of the People's Republic of China ("the Government") agrees to provide services of "iAM Smart" ("the Services") and you, as the user of "iAM Smart", agree to use the Services in accordance with the Terms set out herein.
Introduction
What is "iAM Smart"?
  1. "iAM Smart" is a single digital identity for Hong Kong residents to conduct online transactions with the government and commercial entities. All Hong Kong residents of age 11 or above with a valid Hong Kong Identity Card ("HKIC") can register "iAM Smart" voluntarily and free-of-charge.
  2. Once registered, "iAM Smart" will be enabled and bound to your mobile device. You may access to and use the Services through the "iAM Smart" mobile application developed by the Government ("the "iAM Smart" app").
Services provided by "iAM Smart"
  1. There are two versions of "iAM Smart" account, namely "iAM Smart" account and "iAM Smart+" account. You can only have one "iAM Smart" account or one "iAM Smart+" account at any one time.
  2. The Terms apply to both "iAM Smart" account and "iAM Smart+" account unless specified otherwise.
  3. With an "iAM Smart" account, you can use the following services –
    1. Authentication
    2. "e-ME"; and
    3. Personalised notification.
  4. With an "iAM Smart+" account, you can use the following services –
    1. Authentication;
    2. "e-ME";
    3. Personalised notification; and
    4. Digital signature.
  5. The Services are provided on an "AS IS" basis. Notwithstanding anything provided herein, the Government may add, modify, suspend and/or terminate any Services (including authentication, digital signature, "e-ME" and personalised notification) and/or any procedures in relation to the use of such Services without giving any prior notice.
Authentication
  1. You may use your "iAM Smart" account or "iAM Smart+" account to log in and create an account in online services offered by government bureaux / departments and other organisations which support "iAM Smart" authentication. Your permission will be sought if access to your personal data stored in the "iAM Smart" system is required.
Digital Signature (applicable to users with "iAM Smart+" account only)
  1. You may use your "iAM Smart+" account to generate digital signatures. The digital signature generated by "iAM Smart" system satisfies the signature requirement for transactions involving both government and non-government entities under the Electronic Transactions Ordinance (Cap. 553).
"e-ME"
  1. Use of "e-ME" is on a voluntary basis. "e-ME" is a service to facilitate online form filling using your personal information provided and stored in the "iAM Smart" system.
Personalised Notification
  1. "iAM Smart" provides a function to facilitate you to receive notifications from online services. The personalised notifications will be in the form of push notification and in-app message box.
Fees
  1. The "iAM Smart" app is free for download, installation and use for eligible Hong Kong residents. It is currently free for registering and using "iAM Smart". The Government may review in due course whether any fee should be charged.
  2. When using the "iAM Smart" app, you may be charged by your mobile network service provider on the use of data service.
Registration and Deregistration
Registration for "iAM Smart" account or "iAM Smart+" account
  1. To register for an "iAM Smart" account or "iAM Smart+" account, you are required to download and install the "iAM Smart" app in your mobile device.
  2. By registering for an "iAM Smart" account or "iAM Smart+" account, you are taken to be legally bound by the Terms as may be modified and/or supplemented from time to time by the Government without prior notice. Please refer to the "iAM Smart" website (iamsmart.gov.hk) for any modification or supplement which may be made.
  3. You must use your own HKIC and biometric credentials (e.g. face, fingerprint or other biometric data) for registration.
  4. You agree that the "iAM Smart" account or "iAM Smart+" account must only be created for your own use. You must not register for and on behalf of another person.
  5. For registration, you are required to give your consent for the collection and use of your personal data as described in the "Personal Information Collection Statement".
Deregistration for "iAM Smart" account or "iAM Smart+" account
  1. Deregistration for the "iAM Smart" account or "iAM Smart+" account can only be initiated and done by yourself through the "iAM Smart" app. Once deregistered, you cannot use your "iAM Smart" account or "iAM Smart+" account. The deregistered account cannot be reactivated and you are required to register for "iAM Smart" account or "iAM Smart+" account again if you wish to use the Services.
"iAM Smart-Cert" (applicable to users with "iAM Smart+" account only)
  1. By registering for an "iAM Smart+" account, you agree to the application and subscription to an "iAM Smart-Cert" issued by the Hongkong Post Certification Authority ("HKPCA"). The "iAM Smart-Cert" together with its associated private key for generating the digital signature will be stored in the "iAM Smart" system. By using the digital signature service, you agree to allow the "iAM Smart" system to use the private key associated with your "iAM Smart-Cert" on your behalf to generate the digital signature.
  2. You must read and agree with the Subscriber Terms and Conditions of "iAM Smart-Cert". The operations of "iAM Smart-Cert" are further governed by the Certification Practice Statement ("CPS") of "iAM Smart-Cert" issued by the HKPCA. The CPS is available at the HKPCA website at https://www.ecert.gov.hk/.
Notice for Minors and their Parents/Guardians
  1. Applicants of age 11-17 ("Minors") and their Parents/Guardians must take particular note of Clauses 24-28 before registering or using "iAM Smart". Guardian in this Terms means the person who has parental responsibility for the Minor under the meaning of "Relevant Person" as defined in Section 2 of the Personal Data (Privacy) Ordinance (Cap. 486).
  2. The Services of "iAM Smart" available for Minors are the same as those for users of age 18 or above.
  3. To register for an "iAM Smart" account or "iAM Smart+" account, the Minor is required to be accompanied by his/her Parent/Guardian during the registration. The Parent/Guardian must be of age 18 or above. The Parent/Guardian must provide consent for the registration and give his/her consent on the Minor's behalf for the collection and use of the Minor's personal data as described in the "Personal Information Collection Statement". The Parent/Guardian must also give his/her consent for the collection and use of his/her own personal data as described in the "Personal Information Collection Statement for Parent/Guardian of Minor Applicants".
  4. The Parent/Guardian of the Minor's applicant should ensure that the Minor understands the Terms and the Personal Information Collection Statement, and is able to use the Services by himself/herself upon successful registration. For registration, the Minor has to declare he/she has read and understood the Terms and the Personal Information Collection Statement.
  5. The Minor user is responsible for all activities done through his/her "iAM Smart" account or "iAM Smart+" account.
  6. For Minor user with an "iAM Smart+" account, after he/she attains the age of 18, his/her "iAM Smart-Cert for Minor" will be revoked. He/she is required to re-apply for a new "iAM Smart-Cert" via "iAM Smart" app.
The "iAM Smart" Account / "iAM Smart+" Account
Access to the "iAM Smart" account or "iAM Smart+" account
  1. You can use "iAM Smart" only through the "iAM Smart" app and on the same mobile device which you have used for "iAM Smart" registration.
  2. You may switch your "iAM Smart" account or "iAM Smart+" account to another mobile device. At any one time, your "iAM Smart" account or "iAM Smart+" account is bound to only one mobile device.
Renewal of "iAM Smart-Cert" (applicable to users with "iAM Smart+" account only)
  1. Before expiry of the "iAM Smart-Cert" for "iAM Smart+" account users, the "iAM Smart" system will ask for your consent for renewal of the certificate. You will not be able to use the digital signature service if your "iAM Smart-Cert" has expired. If you wish to use the digital signature service after the expiry of your "iAM Smart-Cert", you are required to re-apply for the "iAM Smart Cert" via "iAM Smart" app.
Account Suspension and Invalidation
  1. You may suspend your "iAM Smart" account or "iAM Smart+" account, and resume your suspended account as and when required.
  2. If the Government is aware of or suspects a breach of any of the Terms set out herein or other suspicious circumstances relating to your account, your "iAM Smart" account or "iAM Smart+" account may be suspended or invalidated at any time without any prior notice.
  3. The Government will perform regular check on your HKIC information and whether you still possess a valid permanent or non-permanent residency of Hong Kong. If it is found that your HKIC information has been changed or your residential status is not valid, you will be notified by the "iAM Smart" system to take rectification actions. If rectification is not done within seven days upon receiving the acknowledgement of your receipt notice, your account will be invalidated. You may rectify your HKIC information furnished to the "iAM Smart" system following the instructions provided by the "iAM Smart" system in consequence of the carrying out of the matching procedure.
  4. During suspension or invalidation of your "iAM Smart" account or "iAM Smart+" account, you will not be able to log in your account.
  5. During suspension or invalidation of your "iAM Smart" account or "iAM Smart+" account, you still remain responsible for any of your action performed before the suspension or invalidation through your "iAM Smart" account or "iAM Smart+" account. The Terms shall survive such suspension or invalidation.
  6. If no action is taken for seven years after your account is suspended or invalidated, your account will be deregistered and all personal data will be deleted immediately.
Security
  1. You should take the following security precautions where applicable. You are liable for the losses or consequences suffered or incurred by you as a result of your not taking the security precautions including but not limited to the following -
    1. keep your "iAM Smart" account or "iAM Smart+" account secure. Do not disclose your "iAM Smart" password to others;
    2. safeguard your mobile device from loss or theft and keep it under your personal control at all times. Set up auto-lock to prevent unauthorised access to your mobile device at all times. Ensure the biometric credentials stored on your mobile device are your own and do not store anyone else's biometric credentials on your device. Beware of any risk that the authentication method can be easily circumvented (e.g., you should not use facial recognition for authentication purpose if you have an identical twin sibling);
    3. do not register or use "iAM Smart" on any shared mobile devices;
    4. do not install or launch "iAM Smart" app on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval;
    5. download and install the "iAM Smart" app and its updates from official supplying app store only and not from any unofficial sources; and
    6. uninstall the "iAM Smart" app before disposing your device.
  2. It is your responsibility to notify us via the 24-hour hotline as stated in Clause 81 immediately if you become aware of or suspect any loss, theft, disclosure, compromise or unauthorised use of your "iAM Smart" or your mobile device.
The "iAM Smart" app
Compatible Devices
  1. The "iAM Smart" app operates on iOS or Android mobile devices which support native biometric authentication such as fingerprint and facial recognition.
  2. The operating system versions of the compatible devices are listed in the "iAM Smart" app downloading page in the official supplying app store. The list will be updated from time to time.
  3. While the "iAM Smart" app is designed and developed with a view to operating on most commonly-used devices which satisfy Clauses 40 and 41, the Government does not guarantee that the "iAM Smart" app is compatible with and can operate properly on all mobile devices satisfying Clauses 40 and 41.
  4. The Government will not be liable for any losses or any other consequences suffered or incurred by you in relation to the installation or use of "iAM Smart" app on an incompatible device.
Updates
  1. From time to time, the Government may issue, release or provide updates/upgrades to, or new version of, "iAM Smart" app. Such updates/upgrades may take place and be implemented automatically according to the setting of your mobile device, or may require action on your part. In-app messages may be displayed if new updates/upgrades are available.
  2. You are advised to always keep the "iAM Smart" app up-to-date. The "iAM Smart" app or any part of the Services may not operate properly or at all if the updates are not installed or implemented.
  3. The Government does not guarantee that such updates will continue to be compatible with your existing device.
Communication
  1. If necessary, you will be contacted via push notification, in-app message and/or email. You should never respond to any messages or phone calls that appear to be from us asking you to provide your account or security details.
  2. It is your responsibility to ensure that you have enabled push notification in your mobile device for "iAM Smart" app and you have provided us a valid and up-to-date email address in order to receive our notices timely.
  3. You will be considered having received any notice given by us immediately after the notice has been sent via push notification, in-app message or the email address provided by you.
Push Notification
  1. Push notification messages are sent to users' mobile devices through third party messaging services. Any delay or failure in delivering the notifications due to the third party messaging services is beyond our control. The Government will not be liable for any losses or any other consequences suffered or incurred by you in relation to the delay or failure in receiving the notifications.
  2. Each push notification will be sent once only. If you delete the push notification, the "iAM Smart" system cannot recover it.
  3. You should not reply to any push notifications.
  4. It is your responsibility to make sure your mobile device is capable of receiving push notifications from the "iAM Smart" system and that the push notification setting has been enabled.
  5. It is your responsibility to make sure you have cellular data internet connection or WiFi internet connection in order to receive push notifications.
Obligations and Responsibilities
Disclaimer
  1. Unless provided otherwise in the Terms, the information on "iAM Smart" app is provided to you on an "AS IS" basis without any express or implied warranty or representation of any kind and is for a general, indicative purpose only. In particular, the Government does not make any express or implied warranty or representation as to the accuracy, completeness, fitness for a particular purpose, non-infringement, reliability, security or timeliness of such information. The Government will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information.
  2. The Government will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on "iAM Smart" and its Services, or online services accessed through the "iAM Smart" app, or unavailability of the Services.
  3. The "iAM Smart" app may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, the "iAM Smart" app may provide or assist in providing links (both surface links and deep links) to external websites or apps. The Government has not approved or endorsed the materials contributed by third parties on the "iAM Smart" app or any external websites or apps linked to the "iAM Smart" app. The provision of any such materials or links to external websites or apps shall not constitute any form of co-operation or affiliation with the Government of any such third parties or external websites or apps. Provision of, or assistance in providing, materials contributed by third parties on the "iAM Smart" app or links to external websites or apps gives rise to no statement, representation or warranty, express or implied, that the Government agrees or does not disagree with the contents of any such materials or external websites or apps and the Government will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites or apps delivered on or via the "iAM Smart" app, or inability to use any of them.
  4. Without limiting the generality of the foregoing, nothing on or provided via the "iAM Smart" app shall constitute, give rise to or otherwise imply any endorsement, approval or recommendation on the Government's part of any third party, be it a provider of goods or services or otherwise.
  5. The Government does not give any warranty in relation to the use of the "iAM Smart" and / or any third party websites or apps linked to the "iAM Smart" app, and does not warrant against any possible interference or damage to your device arising from the downloading, installation or use of the "iAM Smart" app. The Government makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the "iAM Smart" app. The Government does not warrant or represent that the "iAM Smart" app or any information or any electronic data or information transmitted to you through the "iAM Smart" app is free of computer viruses. The Government shall not be liable for any loss, destruction or damage arising out of or in relation to any transmission from you to the Government or vice versa over the internet.
  6. You must ensure that the information (including your personal data) kept in "iAM Smart" and "e-ME", and/or submitted to any online services via "iAM Smart" are complete, accurate, true, correct and up-to-date. The Government shall not be responsible/liable for any inaccuracy, mistake or false information (including your personal data) so kept and/or submitted by you.
  7. When performing your "e-ME" form filling request, the Government does not guarantee whether the fields match the context of the online form. It is your responsibility to review the contents of the online form and edit the information as appropriate to ensure all the information are accurate, true, correct and up to-date before submission.
  8. While "iAM Smart" provides a function to enable you to receive notifications from online services, the Government does not guarantee the accuracy, correctness, updated-ness or timeliness of the notifications provided by online services.
  9. The Government may process a request if it is reasonably believed that the request is made by you without being liable in any circumstances. You will be bound by that request as understood and executed by the Government in good faith even if (i) it is incorrect, false or unclear, or (ii) it was not made by you. The Government has no obligation to verify the identity of the person making a request apart from the authentication methods as stated under the Authentication section of this Terms.
  10. The Government has the right to delay processing or refuse to process a request if we are aware of or suspect a breach of security or other suspicious circumstances relating to your "iAM Smart" account or "iAM Smart+" account or the Services. The Government is not liable for any delay or refusal to act in these circumstances. You will be informed of any delay or refusal if it is reasonably practicable to do so.
  11. The "iAM Smart" app is intended for download and use by Hong Kong residents. It is not intended for download, or use by, any person who is not Hong Kong resident or in a jurisdiction where such download or use would be contrary to any laws or regulations of such jurisdiction.
  12. The Government is not responsible for any dispute arising out of any transactions between you and the online service providers using "iAM Smart". In the event of dispute, you should contact the relevant online service providers for any resolution or remediation.
Your Responsibilities
  1. You agree to use the Services and the "iAM Smart" app only for purposes that are permitted by these Terms and the laws of the Hong Kong Special Administrative Region ("HKSAR").
  2. You represent, warrant and undertake to the Government that any information, communication or material submitted to the Government through "iAM Smart" is true and accurate and not misleading, incomplete or false in any material respect.
  3. You are responsible for the following –
    1. using your own HKIC and biometric credentials for registration and use of "iAM Smart";
    2. verifying any information before sending, relying or acting on it; and
    3. any breach of your obligations under these Terms, and for the consequences of any such breach.
  4. You agree not to use the Services and the "iAM Smart" app
    1. in any way that is illegal;
    2. to upload, post, e-mail, otherwise transmit or post links to any contents which are defamatory, offensive, unlawful, obscene, abusive, harmful, pornographic, threatening, tortuous, or otherwise objectionable;
    3. to upload, post, e-mail, otherwise transmit or post links to any information or software which contains any computer viruses, worms, Trojan horses or any other harmful computer codes, programs or files;
    4. to access, use, break into, or attempt to access, use or break into any other parts of "iAM Smart" and/or data areas which you have not been authorised to use;
    5. access, collect or store personal data about other users; upload, post, e-mail, otherwise transmit or post links to any promotional material, unauthorised advertising, chain letters, pyramid schemes or any unsolicited commercial communication; and
    6. in any way that contravenes or infringes upon the Government's rights or the rights of any third party (including Intellectual Property Rights).
  5. You must not do or attempt to do the following (or any of them)
    1. decompile, reverse-engineer, convert, adapt, alter, modify, enhance, add to, delete or in any way tamper with the Services, the "iAM Smart" app or any content in them; and
    2. do anything to exploit, interfere or disrupt the Services, the "iAM Smart" system or the servers and networks through which they are provided.
  6. If you breach your obligations under these Terms, your "iAM Smart" account or "iAM Smart+" account may be invalidated and further actions as are appropriate may be taken.
Indemnity
  1. You must indemnify and keep indemnified the Government against all claims, actions, proceedings, liabilities, demands, charges, damages, costs, losses or expenses arising out of or resulting from the use or attempted use of the "iAM Smart" app and the Services to the extent that the same are or have been caused by any negligent or reckless conduct, wilful misconduct, omission, defamation, breach of statutory duty or breach of any of the Terms by you. This provision survives suspension or invalidation of your "iAM Smart" account or "iAM Smart+" account.
Miscellaneous
Acceptance of Terms and Conditions
  1. The Government may from time to time vary, modify, delete and/or add any terms or conditions in the Terms at its own discretion. You will be notified of the updates or changes. You must read the revised Terms before proceeding to use the Services. Your accessing and using "iAM Smart" is taken as your agreement to be legally bound by the Terms as may be modified and/or supplemented from time to time by the Government without prior notice. The revised Terms will supersede any previous versions of the Terms accepted by you.
  2. These Terms have been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
Copyright
  1. Unless otherwise indicated, the contents on "iAM Smart" app are subject to copyright owned by the Government.
  2. Prior written consent of the Government is required if you intend to reproduce, distribute or otherwise use any contents found on the "iAM Smart" app in any ways or for any purposes. Such requests for consent must be addressed to "iAM Smart" helpdesk via email (enquiry@iamsmart.gov.hk).
  3. Where third party copyright i.e. copyright belonging to anyone other than the Government is involved in the contents found on the "iAM Smart" app or contents on other websites or apps linked to the "iAM Smart" app, authorization or permission to reproduce or distribute or otherwise use any such contents must be obtained from the copyright owners concerned.
Third Party Terms
  1. "iAM Smart" may require, enable or facilitate access to or use of websites, software or services of a third party, such as but not limited to specific online services. In such an event, there may be terms governing the use of such third party websites, software or services that will bind either the Government or you or both.
Governing Law
  1. These Terms shall be governed and construed in accordance with the laws of Hong Kong. You agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
Contact
  1. If you have any questions about these Terms, "iAM Smart" app or the Services, you may contact us through –
    1. email (enquiry@iamsmart.gov.hk) or
    2. the 24-hour hotline (182 123).
  2. For enquiries in relation to the online services, please contact the corresponding online service providers as appropriate.
Last Revision Date: 22 December 2020
Subscriber Terms and Conditions of iAM Smart-Cert

The Postmaster General of Hong Kong ("HKPost") and you, as the Applicant / Subscriber of Hongkong Post iAM Smart-Cert, hereby agree as follows:-
  1. HKPost, as a recognized certification authority under the Electronic Transactions Ordinance (Cap. 553), has issued a certification practice statement to specify the practices and standards that HKPost employs in issuing iAM Smart-Certs (as defined in the CPS). The certification practice statement as may be amended by HKPost from time to time ("CPS") is publicly accessible at the Hongkong Post website at http://www.eCert.gov.hk.
  2. By submitting the iAM Smart-Cert application via the iAM Smart Registration Office ("iAMSmartRO"), the Applicant confirms that:
    1. he/she is indeed the Applicant stated in the application;
    2. all information and representations given by him/her to be included in the iAM Smart-Cert are true, accurate and complete;
    3. he/she agrees that if the application is approved, the receipt of the issued iAM Smart-Cert by iAMSmartRO via the "iAM Smart" System (as defined in the CPS) is to be regarded as his/her acceptance of the iAM Smart-Cert under the CPS;
    4. he/she understands that the iAM Smart-Cert issued by HKPost is designated for Applicant who is a holder of iAM Smart obtained in accordance with CPS Section 3.1.1 to conduct digital signing under the Electronic Transactions Ordinance; and
    5. he/she has read and understands these Terms and Conditions and the CPS (collectively, "Subscriber Agreement") and agrees to all their terms and conditions.
  3. A Subscriber is an Applicant who: (i) is named or identified in the iAM Smart-Cert as the person to whom the iAM Smart-Cert is issued; (ii) has accepted that iAM Smart-Cert in accordance with the CPS; and (iii) holds a Private Key (as defined in the CPS), which corresponds to a Public Key (as defined in the CPS) listed in that iAM Smart-Cert, and which is stored in the hardware security module (HSM) hosted in the "iAM Smart" System.
  4. Without prejudice to other obligations of the Subscriber under the Subscriber Agreement, by accepting the iAM Smart-Cert, the Subscriber:
    1. agrees to be bound by all terms and conditions of the Subscriber Agreement;
    2. agrees that the use of the Private Key and the iAM Smart-Cert is at his/her sole risk;
    3. agrees that apart from the representations set out in Sections 39 and 40 of the Electronic Transactions Ordinance (Cap. 553), HKPost does not give any implied or express warranties in relation to the Private Key and the iAM Smart-Cert;
    4. acknowledges that if he/she does not discharge his/her responsibilities as set out in the Subscriber Agreement properly or at all, he/she may become liable to pay HKPost and/or other persons (including the Relying Parties as defined in the CPS) damages in respect of liabilities or loss and damage they may incur or suffer in consequence;
    5. undertakes to protect the confidentiality and the integrity of his/her credentials for accessing the iAM Smart which will have access to Private Key of his/her iAM Smart-Cert by using reasonable precautions to prevent the loss, disclosure or unauthorised use of the credentials;
    6. undertakes to report to HKPost via the iAMSmartRO immediately upon:
      • i. discovery of any loss or compromise of his/her credentials for accessing the "iAM Smart" which will have access to Private Key of his/her iAM Smart-Cert;
      • ii. loss of his/her Hong Kong resident status; and
      • iii. becoming aware of any other circumstances in which his/her iAM Smart-Cert should be revoked as specified in Section 4.2.1.4 of the CPS;
    7. agrees to be forfeited the use of any Private Key associated to his/her iAM Smart-Cert in case of revocation of his/her iAM Smart-Cert under the CPS, and that HKPost and the Hong Kong Government shall be under no liability to him/her in respect of any such event;
    8. authorises the publication of the iAM Smart-Cert to any other person or in the HKPost Repository (as defined in the CPS);
    9. authorises the iAMSmartRO to effect and produce his/her Digital Signatures (as defined in the CPS) using the his/her Private Key as instructed by him/her from time to time;
    10. acknowledges and agrees to all disclaimers and limitation on liabilities of HKPost and of the Government and their officers, employees or agents as set out in Sections 9.7 and 9.8 of the CPS;
    11. agrees that in addition to the iAMSmartRO and the Contractor (as defined in the CPS), HKPost may further appoint agents or sub-contractors to carry out some or all of HKPost's operations in accordance with the Code of Practice for Recognized Certification Authorities published by the Government Chief Information Officer under Section 33 of the Electronic Transactions Ordinance (Cap. 553); and
    12. agrees that he/she may not assign or otherwise transfer any of his/her rights or obligations under the Subscriber Agreement without the prior written consent of HKPost.
  5. Without prejudice to the representations and warranties set out in Section 9.6.2 of the CPS, the Subscriber represents and warrants to HKPost and all other relevant parties (in particular the Relying Parties as defined in the CPS) that throughout the validity period of the iAM Smart-Cert:
    1. no other person has access to his/her credentials for accessing the "iAM Smart" which will have access to Private Key of his/her iAM Smart-Cert;
    2. all information and representations given by him/her that are included in the iAM Smart-Cert are true, accurate and complete; and
    3. the Private Key and iAM Smart-Cert are used exclusively for authorised and legal purposes, and in a manner that will not infringe any third party rights.
  6. In accordance with the CPS, HKPost is responsible for the use of a Trustworthy System (as defined in the CPS) to:
    1. issue and publish iAM Smart-Certs in a timely manner;
    2. notify an Applicant of the approval or rejection of his/her application via the iAMSmartRO;
    3. revoke an iAM Smart-Cert and publish Certificate Revocation Lists and return revocation status through relevant OCSP responses in a timely manner; and
    4. notify a Subscriber of the revocation of his/her iAM Smart-Cert via the iAMSmartRO.
  7. The Subscriber Agreement constitutes the entire agreement and understanding of the parties on the subject matter. If any terms of the Subscriber Agreement are found by any court to be illegal, void or unenforceable, they shall be severed and deleted, but this shall not affect the validity and enforceability of the remaining terms.
  8. The Subscriber Agreement shall be governed by and construed in accordance with the laws of Hong Kong. The parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong for resolving any disputes which may arise out of or in connection with the Subscriber Agreement.
  9. Nothing in the Subscriber Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of the Agreement pursuant to the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
  10. Where there are discrepancies between the English version and the Chinese version of the Subscriber Agreement, the English version prevails.
  11. The submission of the iAM Smart-Cert application via the iAMSmartRO and its receipt by HKPost do not guarantee approval of the application. The Applicant will be notified of the approval or rejection via the iAMSmartRO.

    Last Revision Date: 13 November 2020
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