BrandOn Limited (hereinafter referred to as the “Company”) pledges to meet fully with the requirements of the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong. In doing so, the Company will ensure compliance by its staff to the standards of security and confidentiality in respect of all personal information and data submitted by users via thebrandonapp.com or via BrandOn mobile application and mobile websites operated or developed by the Company (hereinafter singly or collectively referred to as the “Channels” ). The Company will not release such information to anyone without the prior consent of the relevant user(s) of the Channels (whether registered or not) (“User(s)”) except to the authorized persons listed under Section 3 “Disclosure or Transfer of Data” below.
1. Purpose of Collection of Personal Data
In the course of using the Channels, Users may disclose or be asked to provide personal information and/or data. In order to have the benefit of and enjoy various services offered by the Channels, it may be necessary for Users to provide the Company with their personal information and/or data. Although Users are not obliged to provide the information and/or data as requested on the Channels, the Company will not be able to render certain services on the Channels in the event that Users fail to do so.
The Company’s purposes for collection of information and data on the Channels include but not limited to the following:
- for the daily operation of the services provided to Users;
- to identify Users who have posted advertisements, materials, messages, photos, views or comments or such other information (collectively “Information”) on the Channels;
- to identify Users who have viewed the Information posted on the Channels;
- to provide Users with the services of the Company;
- to verify the identity of Users who have used services provided by the Channels;
- to handle and follow up service calls, enquiries, requests and complaints;
- to provide Users with event information, marketing and promotional materials (for further details, please refer to paragraph 4 headed “Subscription of Newsletter / Promotional Materials / Marketing Materials” below);
- to identify Users who have enjoyed their benefits as members of the Channels by receiving and using marketing and promotional materials (“Members”);
- to provide Users with platforms and forum for posting photos, sharing and discussing their insights in respect of services or products related to retail offers, events, promotions and discounts;
- to allow Members of the Channels to enjoy their benefits as Members by enrolling for special events hosted by the Company or its Merchants (being third-party advertisers’ products, services and the like, as defined under the “Terms and Conditions of Service”);
- to contact Users regarding administrative notices and communications relevant to the Users’ account maintained with the Company (if any), and/or regarding notifications and confirmation in connection with their uses of any of the services offered by the Company via the Channels;
- to design, develop and improve products and services provided to Users;
- to compile and analyze aggregate statistics about the Users’ use of the Channels and service usage by the Users for the Company’s internal use;
- to facilitate the Company to use the Users’ personal data for purposes relating to the provision of services offered by the Company and marketing services, special events and/or promotions of the Company and/or its Merchants;
- to enforce the Terms and Conditions and other rights of the Company;
- to comply with legal obligations and as otherwise agreed by Users as required or permitted by applicable law;
- for any other purposes relating to the purposes stated above.
If the User is under the age of 18, he/she should not provide information to the Company. If the Company becomes aware that a person under 18 has provided personal information to the Company, the Company will delete that information as quickly as possible. If any User believes that the Company might have any information from or about a child under 18, please contact the Company at firstname.lastname@example.org.
The Company wishes to only collect personal data which is necessary and adequate but not excessive in relation to the purposes set out hereinabove. If the Company requires the use of Users’ personal data for a purpose other than those set out hereinabove, the Company may request the Users’ prescribed consent to the same.
2. Collection of Personal Data
The Company may collect personal information and/or data about a User such as his/her name, log-in ID and password, address, email address, phone number, age, sex, date of birth, country of residence, nationality that is/are not otherwise publicly available. Occasionally, the Company may also collect additional personal information and/or data from a User in connection with contests, surveys or special offers.
The Company automatically collects some information from Users’ computers or devices when Users visit the Channels. For instance, the Company will collect Users’ IP address, web browser software and referring websites. The Company may also collect information about Users’ activities conducted via the Channels, such as content viewed, pages visited, and searches and/or services used.
When Users use the Channels on a device, the Company will additionally collect information about the Users’ location if Users have set their devices to send such information to the Channels via the privacy settings on their devices, or if Users have uploaded photos tagged with information regarding their location. The Company may use the information regarding the location collected from the Users’ devices or photos to enhance their use of the Channels by providing them with relevant content.
The Company shall not release such personal information and data to any third parties save and except for the circumstances listed out under the Section 3 entitled “Disclosure or Transfer of Data” below.
3. Disclosure or Transfer of Data
The Company agrees to take reasonable endeavours to keep all personal information and data of Users confidential and/or undisclosed, subject to this clause 3.
The Company may disclose and/or transfer such information and/or data to third parties under the following circumstances:
- where the information and/or data is disclosed and/or transferred to any third party suppliers or external service providers who have been duly authorized by the Company to use such information and/or data and who will facilitate the services on the Channels and who are under a duty of confidentiality, including the Merchants which have subscribed to the Company’s services;
- where the information and/or data is disclosed and/or transferred to any agents or associates of the Company who have been duly authorized by the Company to use such information and/or data;
- where permitted under the “Terms and Conditions of Service”;
- where the Company needs to protect and defend its rights and property;
- where the Company considers necessary to do so in order to comply with the applicable laws and regulations;
- where the Company deems necessary in order to deliver the services that the Company offers and to maintain and improve the services on the Channels; and
- where the Company may disclose or transfer Users’ information to a third party if the Company sells, transfers, divests, or discloses all or a portion of its business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding; such third party will have to comply with the appropriate confidentiality and security measures.
Personal data collected via the Channels may be transferred, stored and processed in any country in which the Company thinks fit. By using the Channels, Users are deemed to have agreed to, consented to and authorized the Company to disclose and/or transfer their personal information and data under the circumstances stated above, as well as to any transfer of information (including the Information) outside of the Users’ country.
4. Subscription of Newsletter/Promotional Materials/Marketing Materials
The Company may send to Users of the Channels, by way of emails and/or push notifications, newsletters, marketing and promotional materials and information regarding the Company or its Merchants based on the personal information and data that the Users have provided to the Company. The Company may use Users’ data in direct marketing and the Company requires the Users’ consent (which includes an indication of no objection) for that purpose.
In this connection, the Users should note that:
- the name, log-in ID and password, contact details, age, sex, date of birth, country of residence of Users held by the Company may be used by the Company and/or its authorised personnel or staff in direct marketing;
- the following classes of services, products and subjects may be marketed:
- retail related products, information and services, offline or online;
- promotional offers from financial institutions, cell phone operators, internet providers, and other brands or service providers ;
- food and beverage related products and services;
- travel related products and services;
- special events hosted by the Company for Users, including but not limited to courses, workshops, and competitions;
- reward, loyalty or privileges programmes and related products and services;
- special offers including coupons, discounts, group purchase offers and promotional campaigns;
- products and services offered by the Company and its Merchants;
- donations and contributions for charitable and/or non-profit making purposes;
5. Cookies and Log Files
When Users access the Channels, the Company records their visits only and do not collect their personal information or data. The Company also records the domain name server address and track the pages the Users visit and store such information in “cookies”, and gather and store information like internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data in log files. All these are done without the Users being aware that they are occurring.
The Company, its Merchants and suppliers engaged by the Company use the Company’s cookies and third-party cookies, such as the Google Analytics cookies, together to inform, optimize, and serve marketing materials based on the Users’ past visits to or uses of the Channels.
The Company does not link the information and data automatically collected in the above manner to any personally identifiable information. The Company generally uses such automatically collected information and data to estimate the audience size of the Channels, gauge the popularity of various parts of the Channels, track Users’ movements and number of entries in the Company’s promotional activities and special events, measure Users’ traffic patterns and administer the Channels. Such automatically collected information and data will not be disclosed save and except in accordance with the Section 3 entitled “Disclosure or Transfer of Data”.
Analytics Advertising Features (“Features”) are implemented on the Channels. The Features which the Company has implemented are based on Analytics Demographics and Interest Reporting.
Analytics utilizes the data collected to track and examine the use of the Channels, to prepare reports on the Users’ activities and share them with other services. Analytics Providers may use the data collected to contextualize and personalize the marketing materials of its own advertising network.
7. Links to Other Websites / Media Platforms / Applications
The Channels may provide links to other websites / media platforms / applications which are not owned or controlled by the Company. Personal information and data from Users may be collected on these other websites / media platforms / applications when Users visit such websites / media platforms / applications and make use of the services provided therein. Where and when Users decide to click on any advertisement or hyperlink on the Channels which grants Users access to another website / media platforms / applications, the protection of Users’ personal information and data which are deemed to be private and confidential may be exposed in these other websites / media platforms / applications.
The security of Users’ personal information and data is important to the Company. The Company will take reasonable endeavours to ensure that Users’ personal information and data will be protected against unauthorized access. The Company has implemented appropriate electronic and managerial measures in order to safeguard, protect and secure Users’ personal information and data.
Users may rest assured that their personal information and data will only be kept for as long as is necessary to fulfil the purpose for which it is collected, unless Users request the Company to cease to hold the same or terminate his/her membership account with the Company. Such request may render the Company unable to further provide its services, information and/or promotional materials for the Users’ benefit in the future.
Registered Users should safeguard his/her unique Username and Password by keeping it secret and confidential and never share these details with anyone.
Certain services include social networking, chat room or forum features. The Users should ensure when using these features that he/she does not submit any personal data that he/she does not want to be seen, collected or used by other users.
The Company follows generally accepted industry standards to protect the personal information and data submitted by Users to the Channels, both during transmission and once the Company receives it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while the Company takes reasonable endeavours to protect Users’ personal information and data against unauthorized access, the Company cannot guarantee its absolute security.
9. Access to or request for correction of data
The Company would like to help Users keep his/her personal information accurate and up-to-date. To view or edit personal information that has been stored at the Channels, please visit the “My profile” section of BrandOn App.
Any User may make a data access request or a data correction request at any time by contacting the Customer Relationship Executive of the Company, whose contact details are set out under Section 14 “Contact” below.
In the event that a User wishes to access or amend his/her personal information and data, the Company may request him/her to provide personal details in order to verify and confirm his/her identity. HKID card number or passport number or business registration certificate number cannot be amended unless such data is proved to be inaccurate. The Company will respond to Users’ request within 40 days of his/her request. If Users do make a data access request and if the Company deems the same as appropriate, only a copy of his/her personal data would be provided.
10. Retention of Personal Data
Once the Company has obtained a User’s personal information and/or data, it will be maintained in the Company’s system. Subject to legal requirements, the personal information and/or data of Users will be retained by the Company until the User requests the Company in writing to erase his/her own personal information and/or data from the Company’s database or to terminate his/her membership of the Channels, except if the Company needs to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
11. Rights Applicable to EU Users
If the User is a visitor from the European Economic Area (EEA), his/her rights under General Data Protection Regulation (GDPR) in relation to his/her personal data are subject to the protections offered by EU law and briefly summarized below:
- Access. The said Userhas the right to know whether the Company processes his/her personal data, and if we do, he/she has the right to request a copy of the personal information the Company is processing about him/her, which the Company will provide back to him/her in electronic form. For his/her own privacy and security, the Company may, at its discretion, require the said member or User to prove his/her identity before providing the requested information. If he/she requires multiple copies of his/her personal data, the Company may charge a reasonable administration fee.
- Rectification. The said Userhas the right to have any incomplete or inaccurate personal information that the Company processes rectified. Note that he/she can always make certain adjustments to certain personal information by contacting the Customer Relationship Executive of the Company, whose contact details are set out under Section 14 “Contact” below.
- Deletion. The said Userhas the right to request the Company to delete personal information that the Company processes about his/her, except if the Company needs to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
- Restriction. The said Userhas the right to restrict our processing of his/her personal information where he/she believes such data to be inaccurate, our processing is unlawful or that the Company no longer needs to process such data for a particular purpose. However, this will not affect the lawfulness of any processing carried out before his/her request and that the Company may not be able to provide certain products or services to him/her.
- Portability. The said Userhas the right to obtain personal information the Company holds about him/her, in a structured, electronic format, and to transmit such data to another data controller. Please note that this right only applies to automated information which he/she initially provided consent for us to use or where we used the information to perform a contract with him/her.
- Withdrawing Consent. If the said Userhas consented to the Company’s processing of his/her personal information, he/she has the right to withdraw his/her consent at any time. This includes cases where he/she wishes to opt out from marketing messages that he/she receives from the Company.
To exercise any of these rights, please contact the Company, whose contact details are set out under Section 14 “Contact” below. The Company will respond within thirty (30) days. Please note that if the member or the User is not subject to EU law, these rights do not apply to him/her.
13. Prevailing Language
Should there be any inconsistency between the English version and any version in other language, the English version shall always prevail.
If there is any query, please contact our Customer Relationship Executive here.