Service Agreement of AXA Sales Company Limited

Service Agreement of AXA Sales Company Limited (hereinafter referred to as the “Agreement”) shall be used as the basis for provision of services by AXA Sales Company Limited, including any companies directly or indirectly held by it and its branches (collectively referred to as the “Company”), so as to determine under what conditions and in what ways users shall use the service platform (including web platform, WeChat official account, WeChat Application Programme Interface(API) and others) and services of the Company.

Please read this Agreement carefully. By clicking the Submit Personal Information button you will be deemed to have fully read, understood and agreed to all the terms of service (including those in the User Privacy Policy) and willingly abide by this Agreement.

The terms of this Agreement shall be the basis for the rights and obligations of the Company and you (collectively, the “parties”). The Company reserves the right to modify this Agreement from time to time and publish such modification by means of announcement on the service platform without any further separate notice. By using the services of the Company and/or purchasing its products, you acknowledge that you have the right and capacity to purchase and use the related products and that you are responsible for the authenticity and correctness of all information provided by you in the services. By agreeing to this Agreement, you represent that you expressly agree to the User Privacy Policy, which is an integral part of this Agreement.

In addition, when using the service platform of the Company, you shall, based on this Agreement, also abide by the specific provisions of any other individual service agreements.

User as Subject

Any natural person or organisation that meets one of the following conditions may register and log in as a user of the service platform of the Company. However, the Company does not guarantee any successful registration or log-in to the service platform by any person or organisation.

1. You shall be a natural person, legal person or other organisation with full capacity for civil rights and civil conduct. If you are not qualified as the subject mentioned above, you and your guardian shall bear all consequences arising therefrom.

2. You are permitted to use a third-party account approved by the Company to directly log in to the service platform of the Company and automatically become a user of the Company.

User Information

Users may need to provide true and accurate contact information, correspondence address, name or designation, personal qualification documents and other information for registration, log-in or use of the Company’s service. In order to provide better services to users in compliance with relevant laws and regulations, the service platform of the Company may add or delete information required to be submitted by users from time to time. If a user does not agree to provide the above information, he/she/it shall stop using the service of the Company or its service platform. If the information provided by user contains any improper or incorrect information, the Company reserves the right to terminate the user’s qualification for using the service. In addition, when your identity or other information changes, you shall timely update and provide your latest personal information.

Disclaimer

1.The Company is not liable for breach or compensation if the service platform of the Company is suspended or interrupted in any of the following cases:

(1) any natural disaster, such as flood, typhoon, fire, explosion, lightning, earthquake and storm, or social event, such as power outage, war, unrest, terrorist attacks, act of government, sudden change of national policy, strike or any other force majeure out of the Company’s control, which causes obstacles to the service platform and provision of services by the Company;
(2) hacker attacks;
(3) unavailability of data transmission resulting from failure of network or telecommunication equipment; (4) loss of information or records resulting from damage, crash or abnormal use of cloud service system or computer system;
(5) interruption or delay of service resulting from maintenance by or failure of telecommunication provider, update of service platform, or problem in bank payment;
(6) temporary shutdown caused by government control;
(7) infection with virus;
(8) others.

2. The Company takes no liability for interruption of service (including paid web services) for a reasonable period due to maintenance of the service platform or its relevant equipment by the Company regularly or from time to time. The Company reserves the right to suspend any part of its service for the purpose of maintenance, upgrading or other matter without prior notice.

3. The Company shall be liable only to the extent as set out herein.

4. You acknowledge that any risks arising from transactions conducted in use of the service shall be borne by you and the dealing counter party.

5. Any user shall be solely responsible for providing accurate, complete and up-to-date personal information, and the Company does not guarantee that such information is accurate, complete and up-to-date.

6. Any advice or information received by you from the Company or its staff or via the services, whether written or oral, does not constitute any warranty by the Company to the services (unless made under any contract between the Company and you).

7. In no event shall the total liability of the Company for breach hereunder exceed the total amount of the service fee charged to you under that specific occasion.

8. Except specified otherwise herein or agreed otherwise by the Company, your engagement with or instruction to the Company shall be irrevocable.

Intellectual Property Rights Statement

1. All intellectual properties and accessible data on the Company’s service platform are protected by the Copyright Law of the People’s Republic of China and other relevant laws, including but not limited to, database, software, works, pictures, videos, music, soundtrack and any combination thereof, compilation of software, relevant source code and software files, consultation, information, structure, and page design.

2. No organisation or individual shall modify, publish, disseminate, participate in the dissemination of, sell or produce any derivative works, or otherwise use the web content of AXA Sales Company Limited in whole or in part without prior written consent of AXA Sales Company Limited.

3. It is your due obligation to respect intellectual property rights and you shall be liable for damages in case of breach thereof.

Governing Law, Jurisdiction and Miscellaneous

This Agreement shall be governed by and interpreted, and any dispute arising herefrom or in connection herewith shall be settled, in accordance with the laws of the People’s Republic of China. In case of any dispute arising herefrom, you agree that the people’s court in the place where the Company is located shall be the court of the first instance.

User Privacy Policy

“The insurer “as referred to in this policy means the AXA Sales Company Limited and any companies directly or indirectly controlled by it and its any affiliates.

Principled Policies on Protection of Personal Information

The Insurer will collect some of your personal information in order to provide you with better customer service and products. The Insurer adopts the following personal information protection policies:

1. Your personal information will be collected only to the extent as necessary for the purpose of understanding your needs, performing the service agreement entered into with you, providing and improving products and services, conducting internal audit, and fulfilling legal and regulatory compliance obligations.

2. The Insurer will keep strict confidentiality of the personal information provided by you and not disclose your information to any third party except in one of the following cases:

(1) with your prior consent (including consent under the Service Agreement with the Insurer);
(2) for such purpose as described in Paragraph 1, this Article 2 “Collection of Personal Information”;
(3) as required by relevant laws and regulations;
(4) at the request of government agencies or judicial authorities;
(5) as required by the regulatory authority of the Insurer;
(6) as necessary to protect your life or property security or other major legitimate rights and interests, but without your prior consent.

3. The Insurer will try its best to ensure that your personal information is recorded accurately and timely.

4. The Insurer has developed a strict security system to prevent your personal information from being accessed by any unauthorised person, including any staff of the Insurer who is unauthorised for such access.

5. With your prior consent under relevant terms of the Service Agreement with the Insurer, the Insurer will share your personal information with any other party authorised by or cooperating with the Insurer only for the purpose as stated herein, provided that such other party shall be required to strictly comply with confidentiality obligations and will not be entitled to use the shared personal information for any other purpose.

Collection, Use and Processing of Personal Information

This section describes how the Insurer collects, uses and processes any personal information that may be provided by you when using the services of the Insurer.

Collection of Personal Information
This article is intended to state the purpose for which the Insurer collects your personal information from you.

1. Purpose of Collecting Personal Information – The Insurer will collect your personal Information for the purpose of:

(1) providing services, improving service quality or recommending products to you (or conducting market research or information data analysis for these purpose);

(2) complying with laws and regulations applicable to the Insurer and requirements of relevant regulatory authorities. Failure to provide the Insurer with personal information necessary for such purposes may result in the Insurer being unable to provide you with the services you require.

2. Purpose of Collecting Personal Information
The Insurer may use the personal Information provided by you for the purpose of:

(3) providing or improving the products or services purchased by you, including providing necessary daily management and after-sales support for the products or services;

(4) conducting data analysis and research or market research (to improve the products or services provided to you), improving your customer experience, designing and recommending customised or tailored products or services to you;

(5) carrying out internal management, audit and other daily activities in compliance with laws and regulations and regulatory requirements binding on the Insurer.

3. Use of “Cookies”
The website of the Insurer contains the function of cookie, which is a standard Internet technology carrying a small quantity of information files automatically stored in the Internet browser installed on the user’s own computer, and enables the web site to store and access user’s log-in information. The website of the Insurer uses cookies to ensure that you will not browse the same content repeatedly and will access up-to-date information, and uses cookies to confirm that you are a legitimate user of the Insurer. Cookies collect anonymous collective statistical data, but excluding personal contact information such as name, address, telephone number and email address. Even in the case of using cookies, the website of the Insurer will not access your personal information unless you expressly communicate it to the website. Common browsers in general versions all enable the cookie function by default. If you hope to disable cookies, you may change your browser settings, but some functions of the website may not be available after the change.

Sharing and Disclosure of Personal Information
Subject to your prior consent under the relevant terms hereof, the Insurer may, for the purpose of providing you with the products or services you purchase or performing the service agreement with you, or for the purpose as described in Paragraph 1 of this Article 2 “Collection, Use and Processing of Personal Information “, provide your personal information to the following parties authorised by or cooperating with the Insurer:

1. Agent, contractor or third-party provider of administrative, telecommunications, computer, payment or securities settlement or other services to the Insurer in connection with the operation of the business of AXA;

2. Any other parties liable for confidentiality obligations to the Insurer, including affiliates and branches of AXA that have warranted to keep such information confidential;

In addition, the Insurer may share your personal information with other parties as required by applicable laws and regulations and regulatory authorities in order to fulfill such requirements.
The Insurer will ensure that your personal Information shall be shared or disclosed to other parties for the above purpose only to the extent as necessary for such purpose and will not allow such other parties to use your personal information for any other purpose.

Your Access to Personal Information
You have the right to request the Insurer for your access to your personal information held by it, to check whether the Insurer hold your such personal information, or request the Insurer to correct any inaccurate personal information about you, except as prohibited by laws and regulations.

Protection of Personal Information by the Insurer
The Insurer will make every effort to ensure that your personal information will not be accessed, processed or deleted by others without authorisation or accidentally at any time. The Insurer will take all appropriate physical, electronic and administrative measures to protect your personal information so as to fulfill the Insurer’s commitments to data security.
The Insurer will take all practical actions to ensure that any personal Information will not be kept beyond a reasonable period of time and the Insurer will comply with all legal and regulatory requirements regarding the retention of identifiable personal Information.

Your authorisation to The Insurer for Personal Information
You authorise the Insurer to use any personal Information provided by you to the Insurer, generated when receiving the services from the Insurer (including personal information provided and generated before using the services of the Insurer), and requested for and collected by the Insurer hereunder for the purpose of providing you with services, recommending products to you, and conducting market research and information data analysis by Insurer and its any partners authorised by it.
You authorise the Insurer to provide your personal information or make available to or allow any partners or third parties to collect such information for the purpose of providing you with higher-quality services and products, except as required otherwise by law.
To ensure the security of your information, the Insurer and its partners are obligated to keep your personal information confidential and take various measures to ensure the security of your personal information.
This clause shall have independent legal effect and survive any change of this policy.

Collection and Use of Personal Information Related to Promotional Activities
The Insurer will collect personal information from visitors to the website of the Insurer from time to time, provided that such visitors agree (including consent hereunder) to provide the Insurer with their personal information. The Insurer may use such personal Information to inform and recommend products, services and other marketing materials that may be of interest to users and may also invite users to participate in market research and other similar activities. If you have expressly approved the Insurer to provide you with product recommendations or other marketing information or materials hereunder, you may choose to obtain them by E-mail. You can choose to unsubscribe at any time after receiving the relevant email or promotional information.

Protection of Personal Information on Minors
The Insurer attaches great importance to the protection of minors’ personal information. If you are a minor under the age of 18, you shall obtain the consent of your parents or legal guardian before using any service of the Insurer. The Insurer shall protect the confidentiality and security of minors’ personal information in accordance with relevant national laws and regulations.

Important matters: By using the services and/or purchasing products from the Insurer, you are deemed to have fully understood and agree to abide by the User Privacy Policy. Thank you for choosing our services!