Terms and Conditions of Service
- General LastHR websites (“Websites”) and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by Hong Kong General Services Ltd., (“LastHR,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. LastHR may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS IN SECTION 23.
- Description of Website and ServiceThe Service allows users to access and use a variety of self-promotion services related to offering uniquely individually created services by members and oneself, educational services are provided by LastHR and other members, including learning, selling, improving a practicing service. LastHR may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
- Registration; Submission of Contenta. RegistrationIn connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by LastHR; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to LastHR, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account. (v) upload any personal ID as necessary for KYC purposes
b. Course Contributor SubmissionsIf you are a Contributor, you may offer to contribute new services/project/business to the Service, as agreed between you and LastHR on a case-by-case basis. Subject to any guidelines posted on the Service, you may perform any such services/projects/businesses or create any such services/projects/businesses in accordance with your own schedule and using your own facilities and resources. You are not required to become a Contributor and you may cease your activities as a Contributor at any time. You acknowledge that you do not desire and will not receive compensation for your activities as a Contributor or for our use of any Contributor Materials (as defined below) you submit. Any services/projects/businesses of an existing LastHR services/projects/businesses you submit or have submitted and any new service/project/business you submit or have submitted as a Contributor (collectively, “Contributor Materials”) are owned by you (subject of course to us retaining ownership of the existing LastHR services/projects/businesses you offered). By submitting any Contributor Material, you grant us a fully paid up, royalty-free, perpetual, sublicensable license to reproduce, display, perform, modify, create derivative works of, distribute and otherwise use such Contributor Material in any manner.
c. General ContentAs a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, quizzes or other materials on the Services (“Content”), you hereby grant to LastHR a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, LastHR, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or LastHR have any obligation to you or anyone else to maintain the confidentiality of the Content.
- Your Representations and WarrantiesYou represent and warrant to LastHR that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Hong Kong and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from Hong Kong and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Contributor Materials, Service Offers, Projects/Services, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
- Inappropriate UseYou will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in LastHR’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose LastHR or its users to any harm or liability of any kind.
- Indemnification of LastHRYou agree to defend, indemnify and hold harmless LastHR and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
- License to AppsSubject to the terms of these Terms and Conditions, LastHR grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. LastHR and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and LastHR, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and LastHR acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and LastHR acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, LastHR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and LastHR acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
- In-App PurchasesIf you purchase an auto-renewing periodic subscription through the Service, your LastHR account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your LastHR account and follow instructions to terminate or change your subscription, even if you have deleted your account.
You are allowed to purchase Virtual Items through the Service, and not in any other way.
LastHR may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. LastHR may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. LastHR shall have no liability to you or any third party in the event that LastHR exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party.
You agree to pay all fees and applicable taxes incurred by you or anyone using a LastHR account registered to you. LastHR may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
- Refund PolicyIn the event that LastHR suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by LastHR on the Service are subject to change. In consideration for LastHR granting you access to and use of the Service, you agree that LastHR and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
- NO REPRESENTATIONS OR WARRANTIES BY LastHRTHE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY LastHR ARE PROVIDED TO YOU ON AN “AS IS” BASIS. LastHR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LastHR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITYIN NO EVENT WILL LastHR BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF LastHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LastHR’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LastHR FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
- TerminationLastHR may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your LastHR account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of LastHR’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
- Proprietary Rights in Service Content and Activity MaterialsAll content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the “Service Content”), are the proprietary property of LastHR or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and LastHR, all data, information and materials generated from your access and use of the training and services made available on or through LastHR, including content generated by you (collectively, the “Contributor Materials”), shall be exclusively owned by LastHR, and you shall not have any right to use such Contributor Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to LastHR any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Contributor Materials. All rights of LastHR or its licensors that are not expressly granted in these Terms and Conditions are reserved to LastHR and its licensors.
- Trademarks“LastHR” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of LastHR or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the LastHR name or any LastHR or third-party trademarks, service marks, graphics or logos.
- Notice for Claims of Copyright Violations and Agent for NoticeIf you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to LastHR pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- Please consult your legal counsel for further details. LastHR for Notice of claims of copyright infringement can be reached as follows:
By mail: Attention: Legal, 21F, CMA Building, 64 Connaught Road Central, Hong Kong.
- Governing Law and Arbitration; No Class ActionThese Terms and Conditions, its subject matter and LastHR’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of Hong Kong, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for LastHR’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with LastHR and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@LastHR.com within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to LastHR’s Administration Office of your intent to arbitrate (“Notice”). The Notice to LastHR should be sent by any of the following means: (i) sending the Notice by Post to Hong Kong General Services Ltd., Attention: Legal, 21F, CMA Building, 64 Connaught Road Central, Hong Kong. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator of LastHR’s choice. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to $30,0000 HKD. We will reimburse all other filing, administration and arbitrator fees paid by you, to a maximum of $30,000 HKD unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be unreimbursed. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $30,000 or less, either you or LastHR may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND LastHR EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND LastHR EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and LastHR agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a court located in Hong Kong, and you and LastHR each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that LastHR shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- LanguageThis agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
- MiscellaneousThese Terms and Conditions constitute the entire agreement between LastHR and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by LastHR or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. LastHR may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of LastHR and you, and LastHR’s and your respective successors and permitted assigns.
The short version
Information We Collect – When you register to the Site, use it, complete forms, or register to our affiliate or influencer or similar program, we collect the personal information provided by you. We also collect information about your communications with LastHR as well as communication with other users of LastHR. In addition, we collect information while you access, browse, view or otherwise use the Site.
How Do We Collect Information? – You directly provide us with most of the information we collect. We also collect technical information indirectly and automatically through our systems. We also collect information from third party vendors and/or other commercially available sources.
How Do We Use the Information Collected? – We use personal information to provide you with quality service and security, to operate the Site and to perform our obligations to you; to ensure marketplace integrity and security; to prevent fraud; to contact you and send you direct marketing communications; to promote and advertise the Site and LastHR marketplace; to comply with lawful requests by public authorities and to comply with applicable laws and regulations.
How Long Do We Keep Personal Information – We will keep personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some cases we will retain personal information for longer periods of time.
Children Under the Age of 13 – Our Site is not intended for children under 13 years of age and we do not knowingly collect personal information from children under 13.
Sharing Personal Information with Third Parties – We share personal information with third parties in order to operate the Site, provide our services to you, fulfil obligations imposed on us by applicable laws and regulations, and prevent fraud, infringements and illegal activities.
Where We Store Personal Information – Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States etc.
Do Not Track (DNT) – Our Site does not respond to Do Not Track (DNT) signals.
External Links – the Site contains links to third party sites and if you link to a third party site from the Site, any data you provide to that site and any use of that data by the third party are not under the control of LastHR and are not subject to this Policy.
Security – We take great care in maintaining the security of the Site and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures.
Updating Personal Information – We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately.
Contact Us – You can exercise your rights over your personal information, by maling Hong Kong General Services Ltd., 64 Connaught Rd., 21F CMA Building, Central, Hong Kong.
The above are just the highlights. We encourage you to read more about the information we collect, how we use it, understand the meaning of cookies (no, you can’t eat it) and more in the long version of our Policy below.
The longer version
LastHR (including LastHR Inc., LastHR International Ltd., LastHR Limited and its affiliates) respects your privacy and is committed to protect the personal information of its users – buyers, sellers, collaborators and other visitors browsing the Site (“Users”) as well as affiliates, influencers and other collaborators interacting with LastHR. We believe that you have a right to know our practices regarding the information we collect when you visit and/or use the Site. This Policy explains our privacy practices for the Site and services provided by LastHR as well as privacy practices that apply to affiliates, influencers and other collaborators who are individuals. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a LastHR account and/or using it as a collaborator to share comments on a specific project and/or registering to our affiliate or influencer or similar program, you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing and retention of personal information. You can also learn how to limit sharing of information in this Policy.
Information We Collect
When you register to the Site, use it, complete forms, or use it as collaborator, and/or register to our affiliate or influencer or similar program, we ask you to provide certain personal information, including a valid email address, Facebook or Google account login details and username. We will also ask you to provide or otherwise collect additional information that you provide us, such as, your profile details, physical address or billing information, telephone number or other contact details, financial information (such as payment method and credit card number), taxpayer information and forms, details about other social networks linked accounts, details about your listed gigs, purchases, education, profession and expertise, and additional authentication information (such as your government issued ID, passport, or driving license, as permitted by applicable laws). We also collect information about your communications with LastHR as well as communication with other users of LastHR.
We also collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour. We also collect supplemental information obtained from third parties such as demographic and navigation data, if applicable. We combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising and/or to prevent fraud.
Additionally, in order to improve your online experience at LastHR, we have implemented impression reporting. While you view our ads, we gather user Global Unique Identifier, HTTP request data like, user agent, IP, host, URL, country/continent from which request made, browser info, device/operating system/operating system version.
Once you register, your username, country, and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile. We also offer you the opportunity to participate and post content publicly in forums, blogs and on other similar features. Please be aware that certain information, such as your user name and profile, together with the content uploaded by you, will be publicly displayed when you use such features.
How Do We Collect Information?
Information provided by you – You directly provide us with most of the information we collect. You do this by filling out the registration details on the Site, linking to your LastHR account accounts of other social networks (please also see the External Links section below), completing application forms, skill tests and customer surveys (if any) as well as by posting and sharing additional information voluntarily. This can include information about sellers and their Gigs, education and profession, sharing of portfolio, ratings and feedbacks by buyers and anything you choose to add to your user profile.
Information we collect from other sources – We receive information from third party vendors and/or other commercially available sources, such as:
- Third party vendors who provide us data to supplement the information we collect about you, in accordance with applicable laws. For example, we receive fraud warnings from service providers for our fraud prevention and risk assessment efforts. We also receive information from enrichment service providers to enhance and personalize your experience as well as from advertising and marketing partners in order to manage and measure our campaigns.
- If you link, connect, or login to your LastHR Account with a third-party service (e.g. Google, Facebook, LinkedIn), we receive certain information, such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Advertising and marketing partners in order to monitor, manage and measure our campaigns.
How Do We Use The Information Collected?
Where relevant under applicable laws, all processing of your personal information will be justified by a “lawful ground” for processing. In the majority of cases, processing will be justified on the basis that:
- you have provided your consent for us to use your personal information for a specific purpose;
- our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
- the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
- the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.
We will use your personal information for the following purposes:
- to provide you with quality service and security, to operate the Site, to perform our obligations to you and to develop and improve our service. For example, we use the information collected from you to verify your identity. We also use this information to establish and set up your account, verify or re-issue a password, log your activity, enable your communications with other members, provide customer support and contact you from time to time. The information helps us to develop and improve our services to you, to understand and analyse your preferences and performance and to customize and personalize your experience (including by making gig suggestions, ranking search results, etc.).
- to ensure marketplace integrity, prevent fraud and maintain a safe and secure marketplace. For example, we use your information to track and prevent fraudulent activities and other inappropriate activities, monitor content integrity, conduct security investigations and risk assessments, verify or authenticate information provided by you, enforce our Terms of Service and comply with applicable laws. We conduct certain behavioural analytics to achieve the above objectives and in limited cases, if we detect activity that we think poses a risk to the LastHR marketplace, other users, our community, or third parties, automated processes may restrict or limit your ability to use LastHR. If you would like to challenge any such decision, please mail to Hong Kong General Services Ltd., 64 Connaught Road, 21F CMA Building, Central, Hong Kong
- to contact you, as requested by you or as otherwise approved by you or permitted according to this Policy.
- to promote and advertise the Site and the LastHR marketplace. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to organize and facilitate referral programs, contests or other promotional activities or events.
- to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.
We will ask for your consent before using information for a purpose other than those set out in this Policy.
- We use your personal information to send you direct marketing communications about our products, services or promotions from LastHR that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
- Our processing of your personal information for marketing purposes is based on our legitimate interest, or on your consent, or as otherwise permitted according to applicable laws. You have a right to prevent direct marketing of any form at any time – this can be exercised by following the opt-out link attached to each communication or by sending mail to, Hong Kong General Services Ltd., 64 Connaught Road, 21F CMA Building, Central, Hong Kong
- We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.
How Long Do We Keep Personal Information?
We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances, we will retain your personal information for longer periods of time. We will retain personal information for the following purposes:
- as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
- in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.
Children Under the Age of 13
Our Site is not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children’s activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe we might have any information from or about a child under 13, please mail: Hong Kong General Services Ltd., 64 Connaught Road, 21F CMA Building, Central, Hong Kong
Sharing Personal Information with Third Parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
We share your personal information with third parties as detailed below:
- We share personal information with service providers that provide us with services for the purpose of operating the Site, opening and operating your account as well as providing ancillary services and solutions. These include, among others, hosting services, billing and payment vendors, CRM systems, forum hosting, community management services, data and cybersecurity services, web analytics and performance tools, translation tools, IT SaaS services, session recording, communication systems, mailing systems, data optimization and marketing services, data enrichment services, legal and financial advisors or technical consultants. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;
- We share personal information to law enforcement agencies, public authorities or other parties in order to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of LastHR, our customers, or the public;
- We share personal information with payment processors, fraud detection agencies and similar third parties for the purpose of facilitating payments done via the Site and securing the Site and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;
- Our Site includes certain social media features, including single sign on features. We also share limited personal information with such social media platforms and marketing partners, such as Facebook and Google, to promote our services or the LastHR marketplace. Such features and third party services collect certain information about you and may set a cookie to enable their functionality. Such third parties’ features are governed by their policies.
- We share personal information to help facilitate interactions between Users. For example, if you are a Buyer we may share certain limited information about you (such as the fact it is your first purchase on LastHR) with the Seller to ensure the services you receive from the Seller will fit your needs; such sharing of information is limited in scope, will not include personal identifying information (PII) which is not already available to the Seller via the marketplace, and is only intended to improve the services provided by the Seller and your user experience;
- We share personal information with LastHR’s corporate affiliates (LastHR Inc., LastHR Germany GmbH, LastHR Limited) that are related by common control for the purpose of operating the Site, providing our services to you and for other purposes listed herein; and
- Personal information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of LastHR’s assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.
Please note, your profile information and additional information regarding your activity (including Gigs, reviews, posts on our forum, etc.) is made public and is visible to all Users of the Site. When you publish your information and/or share your data with other LastHR Users, you do so at your own risk.
If you choose to share personal information with other users, including Sellers providing you a service via LastHR, such personal information is shared with other users as separate controllers. While LastHR strives to protect your privacy and our Terms of Service require our Users to keep the information shared with them confidential, LastHR cannot ensure that all Users will do so and it is your responsibility to ensure that other users will comply with your standards.
Where We Store Your Personal Information
Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States and Israel, whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, any transfers of personal information from the European Economic Area (“EEA”) to countries not deemed to provide an adequate level of data protection are governed by European Union (EU) standard contractual clauses and/or equivalent data transfer regulations to protect the security and confidentiality of personal information. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
Do Not Track
Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. We do not honor browser requests not to be tracked online (known as “Do Not Track”)
We take great care in maintaining the security of the Site and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. Among other things, we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification (with respect to payment by credit cards). In addition, we contractually ensure that any third party processing your personal information equally provides for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.
Further information about our data security practices can be provided on request.
Updating Personal Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please mail to: Hong Kong General Services Ltd., 64 Connaught Road, 21F CMA Building, Central, Hong Kong
You can review and change your personal information by logging into the Site and visiting your account profile page.
If you delete your User Generated Content (“UGC”), as defined in the LastHR Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.
To exercise any of your rights in connection with your personal information, we kindly ask that you mail, Hong Kong General Services Ltd., 64 Connaught Road, 21F CMA Building, Central, Hong Kong
If you have any questions (or comments) concerning this Policy, please mail our team Hong Kong General Services Ltd., 64 Connaught Road, 21F CMA Building, Central, Hong Kong
LastHR.com Multi-level Marketing Terms and Conditions
- I hereby submit my Distributor Application and Agreement form to become an Independent Distributor. (herein referred to as Distributor of Hong Kong General Services Ltd., (LastHR.com)(hereinafter referred to as Company) I am now applying to become a participating member of the system in order to start availing the aforementioned benefits and services.
- Signing this application means that I approve to become a Distributor of the company and that this agreement becomes effective on the date of acceptance by the distributor. If the company does not receive my sign-up information, I understand that this Agreement will be canceled.
- As a Distributor of the company, I am privileged to participate in the sales and distributions of the company’s goods, receive bonuses and commissions in accordance with the company compensation plan.
- As a Distributor of the company, I am therefore an independent contractor; not an agent nor an employee, neither a franchisee of the company. I am fully aware no employee-employer relationship exists between me and the company. I understand and fully agree that I will pay all income taxes, local taxes, and/or local license fees that may arise as a result of my undertakings under this agreement.
- As a Distributor, I will do my best to observe proper conduct and maintain ethical standards of the highest quality in the conduct of my LastHR.com project/business/training/contributions/etc.,. The company has the right to terminate the contract agreement of any Business Distributor who will be involved in any misconduct and/or harmful activity against the company.
- I agree that I am not guaranteed any commissions/bonuses, nor I am assured of any profit or success. I am free to set my own hours and determine my own area of the territory of sales, and methods of selling, within the parameters of this agreement. I also agree that I am responsible for my own expenses in relation to this distributorship.
- I agree that this agreement does not include the sale of the franchise and that there are no exclusive territories granted to everyone.
- I agree to indemnify and hold the Company harmless from any claims, damages, and expenses including attorney’s fees, arising out of my actions or conduct, and that of my employees and agents. This agreement is governed and construed by the laws of the Hong Kong.
- With this agreement, the company has the right to change any marketing plans, principles, bonuses, commissions or other compensation, and policies if and when it is deemed necessary.
- I shall be subject to sanction as specified in the policies and procedures of the company’s discretion for the violation or breach of any term or provision of this agreement. Upon the voluntary or involuntary cancellation of this agreement, I shall lose and expressly waive all rights, including property rights to my previous downline organization and to any bonuses, commissions or other compensation arising from sales generated by me or my prior downline organization.
- The company shall be entitled to deduct and offset from any commissions, bonuses, or any other money payable to me, any amount past due and unpaid for purchases of the company products and services or any other money owed to the company by me.
- I acknowledge that I have read this agreement and agree to abide by and be bound by the terms contained here.