Personal Data and Privacy Statement of
www.esdata.com.hk
of
EcoSage Limited
1. General
1.1 This Statement provides information on the policies of www.esdata.com.hk of EcoSage Limited (“the Company”) under the Personal Data (Privacy) Ordinance (Cap.486) of Hong Kong (“the Ordinance”).
1.2 Terms used in this statement shall, unless otherwise specified, be construed in accordance with the Ordinance.
2. Purpose of Collection of Personal Data
2.1 The Company may collect personal information and/or data about a user such as name, email address 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.
2.2 The provision of any personal data by you or on your behalf to the Company shall be voluntary and shall be deemed to authorize such members to collect, retain, update and use your personal data for the purpose of clause 2.3 below.
2.3 The personal data provided by you or on your behalf to the Company from time to time as well as all other personal data related to you collected and held by such member will be used for, and not limited to, the following purposes:
(a) Operating daily for provision of services to users;
(b) Providing the updated goods, facilities and services;
(c) Updating and verifying users’ identity and other information in accordance with relevant laws;
(d) Conducting statistics and market research for the purpose of improving products or services tousers;
(e) Providing to the authorized service dealer granted by the foresaid companies including but not limited to the Company for conducting relevant services;
(f) Comparing the personal data provided by you with your other information possessed from time to time by any other member of the Company for verification purposes;
(g) Conducting financial audit;
(h) Achieving any other lawful purposes relating to any of the aforesaid purposes; and
(i) Enforcing any legal or other rights of the Company may have against you.
2.4 In the event that, in the opinion of the Company to which you provided personal data, is insufficient or the Company is not satisfied that such data is true and accurate, the Company reserves the right to refuse to withhold process of your application or provision of any service to you unless and until the personal data required by the Company is provided.
2.5 For the purposes stipulated in clause 2.3 above, any employee of the Company or any person retained by the Company shall be entitled to inspect the personal data provided by you.
3. Use and Transfer of Personal Data
3.1 The Company will ensure the confidentiality of collected personal data but may provide such information to the following parties (including parties within as well as outside the Hong Kong Special Administrative Region (“Hong Kong”)) for the purpose of implementing the “Purpose of Collection of Personal Data” mentioned above:
(a) Any agent, contractor or third party service provider who provides administrative, telecommunications, computer, or other services to the Company and the Company’s customers;
(b) Any agent authorized by the Company from time to time to process personal data of the Company’s customers;
(c) Any business partner selected by the Company;
(d) Any other members of the Company, within as well as outside Hong Kong;
(e) Auditors, consultants or legal adviser(s) of the Company, within as well as outside Hong Kong;
(f) Any other person under a duty of confidentiality to the Company; and
(g) Any of the actual or proposed assignees or transferees of the Company.
3.2 Personal data collected via the Site may be transferred, stored and processed in any country in which the Company operates. By using the Site, 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. Duty of Confidentiality
4.1 The Company shall exercise reasonable endeavours to ensure that the personal data provided by you shall be kept confidential and be placed in secure locations. The Company shall further exercise reasonable endeavours to ensure the integrity, prudence and competence of the persons who have access to such data.
4.2 In compliance with any law in Hong Kong, the Company may disclose the personal data provided by you to governmental authorities or other regulatory bodies or persons.
5. Special Provisions for Personal Data Held By the Company on the Internet
5.1 By assessing the Company through its Site, you shall be deemed to agree to the terms and conditions in this statement.
5.2 All reasonable efforts are made to ensure that any personal data held by the Company from time to time through the Site is stored in secure and safe storage.
5.3 The Company may use “cookies” on the Site so as to:
(a) Enable tighter security;
(b) Enable you to complete the application process;
(c) Personalize the Site for you; and
(d) Build online profile for you.
5.4 You may disallow “cookies” at any time on your web browser.
6. Links to Other Websites / Media Platforms / Applications
The Site may provide links to other websites / media platforms / applications which are not hosted, owned or controlled by the Company. Personal information and data from the 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 by them. Where and when users decide to click on any hyperlink on the Site 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.
Non-registered users who gain access to the Site via their accounts in online social networking tools (including but not limited to Facebook) are deemed to have consented to the terms of this Privacy Statement, and such users’ personal data which they have provided to those networking tools may be obtained by the Company and be used by the Company and its authorized persons inside and outside of the user’s country, for the purpose of providing services and marketing materials to the users. These users are deemed to have consented to the Company and its authorized personnel’s access and use of their personal data so obtained, subject to the other provisions of the Privacy Statement.
This Privacy Statement is only applicable to the Site. Users are reminded that this Privacy Statement grants no protection to users’ personal information and data that may be exposed on websites / media platforms / applications other than the Site, and the Company is not responsible for the privacy practices of such other websites / media platforms / applications. Users are strongly recommended to refer to the privacy policy of such other websites / media platforms / applications. The Company assumes no responsibility or liability for users’ use of such other websites / media platforms / applications.
7. Your Rights
7.1 In the event that you have objections to any use of the personal data in accordance with 5.2 or any provision or disclosure of such data in accordance with 5.3 above, please inform the Company to which you provided your personal data in writing. The address of the Company is stated in the relevant forms/contracts executed between you and the Company. The Company shall cease the use and/or provision or disclosure of such data upon confirmation of your request.
7.2 Unless you request the Company to dispose all personal data provided by you, you acknowledge that the Company shall retain all such personal data and may continue to deliver to you marketing information even after cancellation or withdrawal of the services provided by the Company or completion of any sale of goods or provision of services by the Company (as the case may be).
8. Access and Correction Request
8.1 You have the right to request access to and correction of your personal data in accordance with the Ordinance.
8.2 In the event that you intend to correct any personal data, please inform the Company in writing so that the Company shall be able to make the amendments accordingly.
8.3 Enquiries concerning the personal data collected, including access and corrections, should be addressed to the address stated in the relevant forms/contracts executed between you and the Company or any other address from time to time stipulated by the Company.
8.4 In accordance with the terms of the Ordinance, the Company has the right to charge a reasonable fee for the processing of any data access request. You agree to pay such fees.
9. Use of Personal Data in Direct Marketing
The Company intends to use aSite user's personal data in direct marketing and may not so use the data unless the Company has received the user's consent (which includes an indication of no objection) to such intended use. In this connection, please note that:
9.1 The name, contact details, products and services portfolio information, transaction pattern and behaviour, consumption preference, financial background and demographic data of the user held by our Company from time to time may be used by our Company in direct marketing.
9.2 The following classes of goods, facilities, services, and other marketing subjects may be marketed by our Company, namely:
(a) Reward, loyalty or privileges programmes and related products and services;
(b) Special events hosted by the Company or its selected business partners for members and users, including but not limited to workshops and competitions;
(c) Special offers including coupons, discounts, group purchase offers and promotional campaigns;
(d) Donations and contributions for charitable and/or non-profits making purposes.
9.3 The above goods, facilities, services and marketing subjects may be provided or solicited by the Company and/or:
(a) Any subsidiary, affiliate or associated company of EcoSage Limited;
(b) Any third party goods and/or services provider;
(c) Any third party reward, loyalty, co-branding or privileges programme provider; and
(d) Any charitable organization.
9.4 In addition to marketing the above goods, facilities, services and other marketing subjects by itself, the Company also intends to provide the above personal data to all or any of the persons described in sub-paragraph (c) above for use by them or it in marketing those goods, facilities, services and other marketing subjects, and our Company may not so provide the data unless our Company has received the user's written consent (which includes an indication of no objection) to the intended provision.
If the user does not wish the Company to use or provide to any other persons his personal data for use in direct marketing as described above, the user may exercise his opt-out right by notifying the Company, in which event the Company must, without charge to the user, cease to use or provide to other persons the user's personal data for use in direct marketing.
The user may provide his consent to the Company's using or providing to other person his personal data for use in direct marketing as described above by notifying the Company's Data Protection Officer, whose contact details are set out below, or through such other channel which the user may be advised of when providing personal data to the Company.
10. Data Protection Officer of the Company
The person to whom requests for access to data or correction of data or for information regarding the Company's privacy policies and practices and kinds of data held and for any other communications hereinabove described are to be addressed is as follows:
The Data Protection Officer
EcoSage Limited
Unit B, 16/F, Phase I, Vigor Industrial Bldg., 49-53, Ta Chuen Ping St., Kwai Chung, Hong Kong
Tel.: 2631 2275
E-mail: contact@ecosage.com.hk
11. Language
If there is any discrepancy between the Chinese and English versions, the English version shall prevail.
12. Changes in this Privacy Statement
The Company reserves the right to update, revise, modify or amend this Privacy Statement in the following manner at any time as the Company deems necessary and users are strongly recommended to review this Privacy Statement frequently. If the Company decides to update, revise, modify or amend this Privacy Statement, the Company will post those changes to the places the Company deems appropriate so that users would be aware of what information the Company collects, how the Company uses it, and under what circumstances, if any, the Company discloses it.