VITASOY PERSONAL DATA (PRIVACY) POLICY
Last updated – [28 December 2022].
1. INTRODUCTION
1.1 We are committed to protecting the privacy of any personal data that we hold. This Policy sets out how Vitasoy International Holdings Limited and its affiliate companies (collectively, "Vitasoy", "we", "our" or "us") will collect, use and store personal data from you. Vitasoy's affiliate companies include but not limited to the following:
(a) Vitaland Services Limited.
(b) Hong Kong Gourmet Limited.
(c) Vitasoy (Macau) Limited.
Vitasoy International Holdings Limited, Vitaland Services Limited, Hong Kong Gourmet Limited being, collectively, "Vitasoy HK" and Vitasoy (Macau) Limited being "Vitasoy Macau".
1.2 We will ensure that our collection, use and storage of your personal data will be in compliance with data privacy requirements in applicable jurisdiction. In particular:
(a) In Hong Kong, Vitasoy HK will handle personal data in compliance with the data protection principles and all relevant provisions under the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486).
(b) In Macau, Vitasoy Macau will handle personal data in compliance with all relevant provisions under Macau Personal Data Protection Law.
(c) We will notify you of any changes to this Policy, including by posting the revised policy on www.vitasoy.com. The changes will be effective from the date of posting. We encourage you to visit this website frequently to stay informed of our latest privacy practices.
1.3 From time to time, we may provide further terms and instructions in relation to our collection, use and storage of your Personal Data, for specific services and activities (e.g. promotional activities and membership schemes). You agree to comply with all such further terms and instructions.
1.4 If you are a job applicant for a position with Vitasoy – your personal data will be treated in accordance with the Vitasoy Personal Data (Privacy) Policy for Job Applicants- Hong Kong and Macau (and not this Policy).
2. COLLECTION OF PERSONAL DATA
2.1 From time to time, we may collect Personal Data from customers, business partners, shareholders, agents, contractors, third party service providers, visitors and other individuals (collectively, the "Data Subjects").
2.2 We may collect, use and store the following types of personal data from you (collectively, "Personal Data"):
(a) Technical information collected when you access our websites, including IP address , location information and device details.
(b) Information you give us when you contact us or if you participate in any of our marketing and promotional activities), which may include:
(i) name;
(ii) gender;
(iii) date of birth;
(iv) address;
(v) phone number;
(vi) email address;
(vii) identity document details; and/or
(viii) your social media profile information.
(c) Information collected when you otherwise deal or interact with us – including if you purchase our products, visit our premises or provide goods or services to us. Such personal data may include:
(i) (for student customers) school name, class and class number ;
(ii) health information and travel history;
(iii) payment details;
(iv) purchase history;
(v) bank account information.
(vi) credit card account information;
(vii) payment service account information; and
(viii) Octopus card identification number.
3. PURPOSE OF COLLECTION
3.1 We will only use your Personal Data where we have your consent or we have another lawful basis/reason for using it.
3.2 We may use the Personal Data we collect for the following purposes:
(a) Operating our business, including:
(i) performing contracts that we have entered into;
(ii) manufacturing products or providing services;
(iii) sale, distribution and delivery of products to customers;
(iv) processing orders, including order enquires, maintaining order history and maintaining customer accounts;
(v) providing services in relation to our products and customers, including handling complaints, claims, queries or feedback;
(vi) processing invoices and payments, including processing credit/guarantee applications, invoicing, collecting payments and determining the amount of indebtedness owed to us;
(vii) receiving supplies and service; and
(viii) ensuring the security and safety of our premises.
(b) Complying with applicable laws, governmental or regulatory requirements, orders or guidelines binding or applying to us, within or outside of Hong Kong and Macau and existing currently and in the future.
(c) Improving our products and services, including conducting customer surveys and researching, reviewing, analysing, improving, designing, promoting or publicising our products or services.
(d) Enforcing our rights, including collection of amount outstanding from a Data Subject and those providing security or guarantee for a Data Subject’s obligations.
(e) Direct marketing activities (see further details in section 5).
(f) Administrating marketing and promotional activities (e.g. lucky draw, games, etc.) and membership schemes – including verifying and notifying members and winners, prize redemption and operating membership schemes.
(g) Engaging and managing any agents, contractors or third party service providers who provide services or goods to us.
(h) Assisting any person who is either:
(i) acquiring (or is assessing the acquisition of) an interest in Vitasoy; or
(ii) entering into (or is assessing the entrance into) a contractual arrangement with Vitasoy.
(i) Any actual or proposed assignee of Vitasoy, or transferee of Vitasoy's rights, in respect of the data subject.
(j) Any other purposes relating to the above purposes, including communications relating to the above.
3.3 Your provision of Personal Data may be voluntary. However, certain personal data is required for the provision of our services and products and for us to conduct our business. If you are unable to provide us with the personal data we require, we may not be able to provide you with some or all of our services and products, or we may otherwise be unable to conduct business with you.
3.4 If ownership of all or substantially all of our business changes, or we undertake a corporate reorganisation (including a merger or consolidation) or any other action or transfer between our affiliate companies, you agree that we may transfer your Personal Data to a new owner or successor entity so that we can continue providing our services. We will do so in accordance with applicable laws.
4. TRANSFER OF PERSONAL DATA
4.1 Any Personal Data provided to us may be provided, transferred or disclosed to any of the following parties:
(a) Vitasoy International Holdings Limited, its subsidiaries, affiliate companies and JV companies located inside or outside Hong Kong.
(b) Our agents or third party service providers who supply services to us in relation to our business and products or to help us carry out our obligations, including marketing, promotional, logistics, banking, insurance, medical, consultation, administrative, telecommunications, technology, data processing, legal, payments (including payment processing) and debts collection services. Any such third party with whom we share Personal Data is prohibited from retaining, using, or disclosing your Personal Data except as necessary to provide the relevant services to us.
(c) Any parties to whom we are required to disclose Personal Data, in order to:
(i) comply with applicable laws, governmental or regulatory requirements, orders or guidelines of competent authorities in any applicable jurisdictions, existing currently or in the future; and/or
(ii) otherwise protect ourselves or relevant counterparties, to ensure we comply with our legal obligations or other administrative purposes.
(d) In the event of an internal restructuring of our or our affiliate's businesses – to that new or restructured entity.
(e) If we sell any business, undergo a merger, enter into a joint venture partnership, or sell some or all of our assets to the prospective buyer.
(f) Where you have otherwise consented to the relevant transfer.
4.2 Where we transfer Personal Data to any third parties (in accordance with this Policy), we will ensure that such third party will use reasonable efforts to protect your Personal Data.
4.3 Your Personal Data may be transferred outside the place/country in which you are located.
4.4 We do not sell Personal Data to any third parties for gain.
5. Direct Marketing
5.1 If Vitasoy intends to use your Personal Data in direct marketing, we will do so if you have given us your consent (or an indication of no objection, if your Personal Data is obtained in Hong Kong).
5.2 We may use your Personal Data (including your name and contact details) to send you marketing communications and promotional offers (including conducting promotional activities and operating membership loyalty schemes) in relation to food and beverage products and catering services. Such products, services and activities may be offered/provided by us or any of our affiliate companies.
5.3 In addition, we may also use your Personal Data to analyse our customers’ preferences and market trends and derive insights, which we may use to tailor the types of products, services and offers that we present to you or others.
5.4 We may provide your Personal Data to our affiliate companies for their use in conducting the activities referenced in Sections 5.2 and 5.3.
5.5 You may opt-out of receiving direct marketing communications from us at any time, free of charge, by:
(a) Following the opt-out instructions contained in our marketing communications.
(b) Writing to us at pdpo@vitasoy.com (for Vitasoy HK) or kathy.sou@vitasoy.com (for Vitasoy Macau).
6. CCTV monitoring
6.1 Our premises are monitored by CCTV systems, and visitors may be recorded when they visit our premises. We use our CCTV systems to:
(a) Help provide a safe and secure environment for its employees, visitors and their vehicles parked inside Vitasoy’s premises.
(b) Protect the properties of Vitasoy.
(c) Ensure proper management and operation of Vitasoy's manufacturing and food safety of its products.
(d) Ensure compliance with Vitasoy’s internal code of conduct at specific areas.
(e) Assist in the prevention of crime.
(f) Facilitate the apprehension and prosecution of offenders in relation to crime.
6.2 We may use and disclose records or information that has been collected through our CCTV systems for any of the following purposes:
(a) For a purpose related to a legitimate business activity or function of Vitasoy, including investigating any alleged breaches of the law.
(b) For disclosure to a law enforcement, regulatory agency or authority for use in connection with the detection, investigation or prosecution of a breach of the law.
(c) For a purpose directly or indirectly related to the taking of civil or criminal proceedings.
(d) Where the use or disclosure is necessary to avert an imminent threat of serious violence to persons or substantial damage to property.
7. Accuracy and security of Personal Data
7.1 We take commercially reasonable steps to maintain the security, accuracy and completeness of Personal Data. You are entitled to access or correct your Personal Data that is held by us, see section 12.1.
7.2 All Personal Data is stored on our or our contractors’/subcontractors’ secure premises or servers. We comply with our security policies and standards when accessing or using this information and restrict access to your Personal Data to those persons who need to use it for the purpose(s) for which it was collected.
7.3 You are responsible for keeping any information that we send to you confidential and for complying with any other security procedures that we notify you of including ensuring the security/confidentiality of any passwords that you may use to access our services.
8. Use of Cookies
8.1 We may use cookies to improve our websites and tailor them to your interests and needs. They may also help speed up your activities or to improve your user experience by remembering the information which you have already provided to us. The use of cookies is an industry standard and you will find them at most websites. Most browsers are initially set to accept cookies. If you prefer, you can set your browser to refuse cookies or to alert you when cookies are being sent, so that you can remove them from your browser.
9. children's personal data
9.1 The privacy of children is of special concern to us. We will not collect any Personal Data from individuals under the age of thirteen, except where this has been expressly consented to by the parents of the child data subject in question (e.g. when the parents has agreed to the transfer of personal information pursuant to the purchase of goods/services from us on behalf of the child in question). Where appropriate, we will take reasonable steps to obtain consent of such submission from the relevant parent/ guardian.
10. Links to Other Sites
10.1 This Policy only applies to any Personal Data collected by us, and does not apply to any services offered by, or information practices of, any third parties.
10.2 When you are on our websites, you may be directed to other third party sites outside of our control. This may include links from advertisers, sponsors, and partners that may use our logo. We are not responsible for any third party use of Personal Data where they were provided by you to such third party.
11. Retention of Personal Data
11.1 We retain your Personal Data for so long as it is reasonably necessary to fulfil the purposes outlined in this Policy and as permitted under applicable data privacy laws.
11.2 We may, in some circumstances, retain your Personal Data for longer periods of time, for example:
(a) Where we are required to do so to meet legal, regulatory, tax or accounting requirements.
(b) To maintain an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a possibility of legal action relating to your Personal Data or dealings.
12. How to Access or Correct Your Personal Data
12.1 A Data Subject may request access to and correction of his/her Personal Data held by us, by writing to us as set out below:
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Vitasoy Entity:
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Vitasoy HK: · Vitasoy International Holdings Limited · Vitaland Services Limited · Hong Kong Gourmet Limited
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Vitasoy Macau: · Vitasoy (Macau) Limited
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Address
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Data Protection Officer |
Assistant HR Manager Vitasoy (Macau) Limited Concordia no,175-181, Edificio Industrial Wang Fu 3 Andar D, dm Macau |
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Email address: |
kathy.sou@vitasoy.com |
12.2 We may charge a reasonable amount for expenses incurred in handing such requests.
13. Others
13.1 This Policy shall supersede and replace Vitasoy International Holdings Limited Personal Data Privacy Policy & Practices.
13.2 Nothing in this Policy will limit your rights under any applicable data privacy laws.
13.3 To the extent of any discrepancies between the English and Chinese versions, the English version will prevail.
14. Enquiries
14.1 If you have any questions regarding this Policy, please contact our Data Protection Officer via:
(a) Email – pdpo@vitasoy.com
(b) Writing to us – at Vitasoy International Holdings Limited, 1 Kin Wong Street, Tuen Mun, Hong Kong (Attn: Data Protection Officer).
