Terms & Conditions Accorded by and between Ship and Ocean Industries R&D Center (SOIC) and Its Users

 

An applicant for SOIC membership shall peruse all contents herein and confirm consent in full upon the registration process before being accredited into SOIC membership.
To be placed into the accessible clauses of the Internet Bulletin Board. A user of the present Website shall discontinue use if in disagreement with these terms.

 

        Ship and Ocean Industries R&D Center (the AQUAOBJECT service provider, hereinafter referred to as either SOIC or the Center as appropriate in the circumstances) hereby duly enact these terms and conditions in an attempt to expressly classified the relationship by and between both parties SOIC and its members (including members, users authorized by members, people using this website, hereinafter collectively referred to as users) in terms of rights & obligations:

 

I.    At the moment a member completes the member registration process or starts use of the present Internet service, it suggests that he or she has perused, understood and agreed to accept all the contents of these terms and conditions and that he or she accepts in full the items and contents of the present services, both the current ones and such derivative services in the future.

 

II.    SOIC reserves the right to modify or change the contents of these terms and conditions of services at any time. The post-amendment contents shall be posted on the SOIC website where the users shall not be informed individually. It is recommended that all SOIC users pay attention to such modifications or changes all the time. A user who continually uses the Internet service after any modification or change is deemed to have perused, understood and agreed upon the post-amendment contents in full. A user who disagrees with the aforementioned amendment or change or who does not accept any single clauses under these terms and conditions of services shall discontinue the use of the present Internet services forthwith.

 

III.    A user who is a minor under the age of 20 (or under the age of 16 in case in an EU member state or under the age of 13 in some areas) shall not be registered into an SOIC user, use or continually use the present Internet services until his or her statutory agent has perused, understood and agreed upon these terms and conditions of services as well as the post-amendment contents. Where such a minor uses or continually uses the present Internet website, his or her statutory agent is presumed to have perused, understood and agreed upon these terms and conditions of services as well as the subsequent post-amendment contents.

 

IV.    Both all users and SOIC agree that all contents of the Internet services including expression of intents shall be used in a means of electronic documents.

 

V.    Policies of personal data protection of the users (including members, users authorized by members, people using this website, hereinafter collectively referred to as users):
    SOIC duly upholds the personal data protection policy exactly in accordance with the Personal Data Protection Act of the Republic of China (hereinafter referred to as PIPA or Personal Data Protection Act in full as appropriate under the circumstances). Meanwhile, all users in EU regions who use the SOIC’s services shall be subject to General Data Protection Regulation (hereinafter referred to as GDPR). On the very key points, the entries as enumerated below are vitally linked up with users’ interests which all users are advised to peruse in detail.

(I)    The personal data and personal data files to be collected, processed and used by SOIC are as enumerated below (hereinafter collectively referred to as personal data):

 

1.    Personal data: Such personal data which may be identified either directly or indirectly (Cf. Article 2 of Personal Data Protection Act) and any information that identifies or is available to identify natural persons (individuals) (Cf. Article 4 of EU General Data Protection Regulation), including but not limited to information as name, date of birth, nationality, photo and like as members' interests, speech, market survey, browsing Internet pages, interactive web pages, web IDs and other publicly available information on the Internet.

 

2.    Personal data files: A collection of personal data duly set up based on the system that may be searched, organized by means of automated machinery or otherwise non-automated machinery, including the Internet network identification code file.

 

(II)    Where SOIC collects processes and utilizes the personal data of its natural person users, the users shall be informed of the in particulars as enumerated below beforehand (Cf. Articles 8, 9 of Personal Data Protection Act) (Cf. Article 7 of EU General Data Protection Regulation):

1.    The SOIC title in full, i.e., Ship and Ocean Industries R&D Center.

2.    Purposes of personal data collection: SOIC collects personal data only for the purposes of marketing, consumers, customer management and services, “Commercial and Technical Information”, “International & International Exchange Business”, “Industry-School Campus Cooperation”, “Intelligent Property Rights, CD Management and Other Related Administration”, “Trade Promotion and Management”, “Capital (Communication) Service”, “Capital (Training and Database Management), “Information Communications Security and Management”, Internet Online Shopping and Other E-Commerce Services, “Advertising or Business Behavior Management”, “Video, Music and Media Management”, Surveys, Statistics and Research Analysis and “Academic Research” (legal specific purposes as defined under Article 53 of the Personal Data Protection Act of the Republic of China as 040, 090, 098, 099, 110, 118, 123, 135, 136, 137, 148, 152, 153, 157, 159).

3.    Categories of personal data:

(1)    C001 Individual identification: Including but not limited to the users’ names, addresses, position titles, telephone numbers, e-mails, the account numbers of the Internet application, the record of the network identity authentication or the application for the enquiry service, the user passwords, the Internet Protocol IP addresses, Cookie and device unique identifiers, any other identifiable information of the principals, and the like.

 

(2)    C002 Financial property identification: Including but not limited to the numbers and titles of the financial institution accounts, the numbers of the credit cards or charge cards, the other numbers of the individual or the account and the like.

 

(3)    C003 Government data identification: Including but not limited to Serial number of ID Cards, passport numbers and the like.

 

(4)    C011 Personal & individual descriptions: Including but not limited to age, gender, and the like.

 

(5)    C031 Home and facilities: including but not limited to addresses of residences.

 

(6)    C061 Current employment status: including but not limited to job position titles and the like.

 

(7)    C132 Unclassified information: Including but not limited to letters, files, reports, audio or e-mail that cannot be classified.

4.    Period of personal data use: Throughout the period while SOIC operates its business.

5.    Venues where the personal data is to be used: Regions in which personal data is used: In principle, the personal data of users shall be used in the territories of Taiwan. Where some of the partners might be located overseas, the users’ personal data might be used beyond and across borders.

6.    Targets of personal data use: Accredited SOIC and its members, Internet users who browse SOIC’s web page.

7.    Method to use personal data:
    The users’ personal data might be, other than use within the scope of the specified purposes of collection, used as in the following circumstances:

(1)    Identification of status: Personalized identification information provided by users (e.g., email addresses, phone numbers and the like) shall be used to identify the membership and to render fundamental services to users.

 

(2)    Financial flow service: Use the bank accounts of the consumers to accept remittance and refund operations.

 

(3)    Marketing: SOIC will use the users’ addresses and email addresses, phone numbers for promotion of products and services available through this website.

 

(4)    Statistical analysis: The relevant information provided by users, including cookies, and the like, will be used in market statistical analysis to estimate the users preferred commodities and services.

 

(5)    Use onto the network system: Where the users use the information system such as inquiry in the system, the users might be in an international transmission when the regions of the users are different from uploading and downloading the contents of the personal data.

8.     SOIC shall duly exercise the notification of the right of use in accordance with Article 3 of the Personal Data Protection Act. A user who intends to exercise his or her rights may keep SOIC informed.

(1)    SOIC members are entitled to inquire into or request access to personal data.

(2)    SOIC members are entitled to apply for production of duplicate of personal data

(3)    SOIC members are entitled to apply for supplementation or correction of personal data

(4)    SOIC members are entitled to apply for discontinuance from collection, processing & use of personal data

(5)    Request for deletion.

9.    SOIC shall, in accordance with Articles 16~20 of GDPR, exercise the right of notification toward users who use SOIC’s services in EU Regions. The user who intends to exercise such right may, as well, keep SOIC notified:

(1)    Request for restricted treatment. Users may label the personal data already stored to restrict future disposal or treatment.

 

(2)    SOIC users are entitled to restrict autonomous policymaking process: An SOIC member may reject filing behavior for autonomous policymaking process or any form of personal characterization.

 

(3)    Request for deletion: Users may request SOIC to delete their personal data or relevant link(s).

 

(4)    Apply for data to be carried out: SOIC users may request SOIC to provide information in a format that is available for common operation.

 

10.     An SOIC user may, at his or her discretion, choose to provide his or her personal data or not. Where a user is unable to provide his or her personal data to SOIC, SOIC may not be able to provide overall services in full.

 

(III)    If a SOIC user agree that SOIC may put personal data into international transmission. Toward users of the EU membership countries, whenever SOIC notices that a certain recipient country does not have perfect laws for personal data protection where use of personal data may impair an SOIC member or in contravention of law, SOIC will discontinue international transmission of the personal data forthwith. (Cf. Article 49 of the EU General Data Protection Regulation for the part of International transmission)(IV)    Box for users for specific confirmation on the agreed issues:

 

1.    All SOIC users agree that SOIC may put personal data into collection, processing and use.

 

2.    All SOIC users agree that SOIC may put personal data into international transmission.

 

3.    All SOIC users agree that SOIC may provide the necessary membership information for the purpose of promoting the products, providing services and awards, towards partners (third parties) in proper use within the agreed scope.

 

4.    The users agree SOIC to collect the network identification code (cookie, IP address, etc.) generated when the users browses the webpage.

 

5.    The users confirm their agreement that SOIC may use their personal data in addition to the specific purpose of the collection (Article 20 of the Personal data Protection Act).

 

6.    The User confirms agreement and awareness that where the content of the information system on this website involves personal data, an act to transmit, mail such information might engage in international transmission of such personal data (i.e., the process of downloading the message in the country where the recipient is located).

 

7.    The User confirms agreement and awareness that where a file unloaded through this website involves personal data, that same personal data is likely to be put into international transmission (i.e., the process where other users download files in the countries where they are located).

 

(V)    Unless otherwise specified in laws and ordinances concerned, SOIC does not collect, process or utilize personal data of users:

1.    Special personal medical records, medical, genetic, sexual orientation, health checkups and previous criminal prosecutions (Cf. Article 6 of the Personal data Protection Act).

 

2.    Prohibits processing personal data related to national or ethnic origins, political opinions, religious or worldview convictions or affiliated unions, biometric characteristics and sexual orientation related personal data of the users of the EU Membership countries. (Cf. Article 9 of EU General Data Protection Regulation)

 

(VI)    SOIC will faithfully protect personal data and assure the accuracy according to law:

1.    SOIC designates special personnel to take charge of personal data security maintenance through rational, substantial, and appropriate protection measures.

 

2.    Whenever personal data is divulged, SOIC will keep the personal data protection authority informed and contact the target user(s) within 72 hours from the moment of awareness of such fact.

 

3.    In order to ensure the authenticity and correctness of the information submitted by SOIC users, SOIC may request the users to provide relevant supporting data. An SOIC user may, at his or her discretion, refuse to provide such supporting data. To ensure the correctness and accuracy of the personal data, such personal data shall be refused to post by the SOIC to prevent SOIC or other people from misrecognition.

 

4.    Where SOIC should use the special data processing method to deal with personal data of the users of the EU Membership countries, SOIC shall conduct impact assessment regarding personal data protection. 

 

(VII)    SOIC affirmatively commits that except for public interests and compliance with  EU General Data Protection Regulation, toward users of EU membership countries, SOIC prohibits collection, processing personal data with involvement of ethnic, racial sources, political opinions, religious or worldview convictions, trade union membership status, genetics, biometric characteristics, health information and the like.

 

(VIII)    In a circumstance consistent with Article 20, Article 1 of Personal data Protection Act, SOIC is entitled to use personal data for the specific purposes beyond the “purposes of collection” set forth under Subparagraph 2, Paragraph (II) of Article VI.

 

(IX)    A user is entitled to refuse to submit, apply for correction, deletion of his or her personal data. In the event that a user does not provide relevant personal data as required for specific SOIC services, SOIC might be unable to render such specific services in an overall manner.

 

(X)    All users shall provide accurate and authentic personal data upon the moment of using the Website and registration. Where a user provide incorrect personal data and, as a result, SOIC and/or other user(s) incur(s) an impairment, such user shall assume the responsibility for impairment so incurred while SOIC assumes no responsibility at all. Whenever SOIC notices misrepresented contents of the personal data provided by a member, SOIC may suspend membership for that user.

 

(XI)    Where a user obtains personal data of another user from SOIC, such member shall not take such acts in collection, access, processing of personal data or acts in contravention of personal data protection unless he or she has obtained an agreement in writing from such another user.

 

(XII)    All users confirm agreement that in case of an act in contravention of laws or accords in use the SOIC services, SOIC is entitled to provide his or her personal data to the judicial authority.

 

(XIII)    All users shall put their personal data such as account numbers and passwords for using this online service into prudential custody.

 

VI.    To assure the very purposes of personal data collected by SOIC in the processing procedures and law compliance, all users are advised to peruse privacy and protection clauses set forth under Article VI.

 

VII.    SOIC will suspend or discontinue the website services either in whole or in part where SOIC proves necessary to suspend or discontinue online services as a result of maintenance & repair services, stop against network intrusion, server replacement and the like.

 

VIII.    SOIC's disclaimer for the provision of information on the website:
    SOIC shall put forth maximum possible endeavor to maintain the legality and accuracy of the Website. Where the contents provided by members for the majority, SOIC only conducts review in writing, and there should be inevitable inadequacy. Therefore, SOIC will not be responsible for an error found in the contents of the website, if any. All users are earnestly advised to evaluate such contents themselves.

 

IX.    Where the terms and conditions existent by and between SOIC and its users are updated as a result of a requirements in law, SOIC’s business operation or the causes for overall interests, all users shall be informed of such updates after they log in the website. Users may view and press the consent button on the website. Where a user does not agree to the updated terms, he or she might be unable to view the website data any more.

 

X.    The part regarding intellectual property rights:

(I)    For any and all software or program used by SOIC, all contents on the website, including but not limited to works, pictures, files, information, materials, website architecture, website layout, web design, SOIC or other rights holders own intellectual property rights in full, including but not limited to trademark rights, patents, copyrights, trade secrets and know-how expertise. No any other person may use, modify, reproduce, publicly broadcast, modify, distribute, transmit, issue to public, proceed with reverse engineering, decode, disassemble of such intellectual property rights. Whenever a user intends to quote or reprint the text, photo and data from aforementioned software, program or website content, he or she shall obtain the authorization by each of the intellectual property owners’ authorization or compulsory authorization in writing in advance. Respect for intellectual property rights is a user's fundamental obligation. A user who proves in contravention of such fundamental obligations shall be liable for damages and shall not be involved with SOIC if the SOIC or each of the intellectual property owners is damaged.

 

(II)    In the very principle of honoring others’ intellectual property rights, all users affirm their agreement that upon use of SOIC services, under no circumstances shall they take an act in infringement upon others’ intellectual property rights.

 

(III)    SOIC reserves the right to change the contents of the respective services or terminate any member account service that violate(s) the laws or the accord reached by and between both parties. In the event where a user proves in contravention of the laws and regulations of the government or these terms of use, or in infringement, SOIC reserves the right to remove the allegedly infringing software or program, the contents of the website, and suspend or discontinue the website services either in whole or in part or simply cancel the member account. In such an event, that user shall assume the responsibility for damage indemnity to SOIC for the impairment so incurred (including but not limited to litigious fee and lawyer fee and the like).

 

XII.    SOIC upholds a policy of putting forth maximum possible efforts to safeguard network security where, nevertheless, SOIC but does not guarantee that the email or their contents transmitted by the web pages, servers, and domains of the service will not contain harmful substances such as computer viruses; nor will SOIC guarantee that the transmission of email, files or is accurate, free of a potential error, without possible disconnection or mistake. SOIC is not liable for indemnity in case of a damage incurred by the failure, loss or error of the mail, file or data transmission or storage.

 

XIII.    The users shall solely assume the responsibility in full for all the actions taken by them after using the passwords and user accounts obtained after completion of the registration process.

 

XIV.    Governing laws and jurisdictional court:
    The relationship between the rights and obligations of the users and SOIC shall be governed under the relevant laws and regulations prevalent in the Republic of China and the interpretation by the competent authority. Where a dispute arises, the Taiwan Taipei District Court of the Republic of China shall be the jurisdictional court for the first instance.