Swire Properties Hotel Management Limited Personal Information Collection and Privacy Statement ("Privacy Statement")1 Introduction
1.1 Swire Properties Hotel Management Limited (“we”, “our” or “us”) and its subsidiaries, holding companies and their direct or indirect subsidiaries, joint ventures, and associated companies (we and the above companies collectively, the “Group Companies”) attach great importance to your privacy. When you use our services, products, facilities and/or other subjects or other services you may require from time to time (together, the “Services”) (including but not limited to information services such as logging-in to our website, using our mobile applications, following or using our WeChat Official Account, receiving emails or text messages from us or sending us emails or text messages, using our telephone customer service, etc. ("Information Services")), we may collect and use your personal information ("Personal Information" as defined in paragraph 2.1 below). We are committed to protecting the privacy of your Personal Information we hold. To ensure that you can make informed decisions and feel confident about providing your Personal Information to us, we outline in this Privacy Statement how we collect, use, store, handle and share these information when you use our Services, and how we provide you with access to, update, control and protect these Personal Information. If you do not provide the relevant Personal Information, you may not be able to register as our user, enjoy certain Services we provide, or, even if we continue to provide you with certain Services, the quality of such Services may not be optimal.
1.2 This Privacy Statement is relevant to the Services we provide to you. Please read carefully and make the choices you deem appropriate as and when required in accordance with the guidelines in this Privacy Statement. Please note that we will check the relevant policy of the People's Republic of China ("PRC") regarding protection of personal information from time to time, and may revise this Privacy Statement from time to time. We therefore earnestly invite you to log in to our website, or through mobile application or WeChat Official Account, review this Privacy Statement regularly to ensure that you fully understand the latest version of our Privacy Statement. If you have any questions about this Privacy Statement or any related matters, please contact us in the manner set out in paragraph 9.1 below.
1.3 By using or continuing to use our Services, you agree to our collection, use, storage and sharing of your information (including Personal Information) in accordance with this Privacy Statement.
1.4 Note: Protecting the privacy of minors under eighteen years of age is our primary concern. Minors are advised to encourage their parents or guardians to read this Privacy Statement, (particularly with respect to the collection and use of Personal Information), and to seek the consent and guidance of their parents or guardians before submitting Personal Information.
2 Scope of Personal Information We Collect
2.1 The types of Personal Information we collect will depend on the specific type of Services as requested by, or provided to, you, including personal information you provide from time to time and personal information we collect, generate and compile about you from time to time ("Personal Information"). The types of Personal Information may include (without limitation) the following:
(a) your personal information (e.g. your name, gender, date of birth, age, identity card number or other personally identifiable number);
(b) photographs or videos being collected when you participate in events and activities conducted by us, whether registered in advance or open to the public at any time;
(c) your contact information (e.g. telephone numbers, addresses, mailing addresses, WeChat accounts, email addresses and fax numbers, including your contacts and business information you disclosed to us through the exchange of business cards when you participate in events and activities of conducted by us, whether registered in advance or open to the public at any time);
(d) your business information (e.g. company name, business title, personal income and associated contact information);
(e) information on your credit or debit or other charge cards, or other means of payment (e.g. name of cardholder, card number, billing address, security code and expiry date, information on other electronic payment accounts (including but not limited to WeChat Wallet, Alipay account, Apple Pay etc.));
(f) you and your companions’ travel details, personal information of your travel companions (e.g. flight information, accommodation information and information related to travelers’ special needs or preferences, health condition);
(g) your interests, personal preferences, comments and consumption habits;
(h) your comments and responses to market surveys, contests and promotional offers conducted by us or on our behalf;
(i) information relevant to your use of our Information Services or any Services (e.g. behavioural information, browser details, IP addresses, purchasing history, location information, etc.);
(j) information stored when you use our Information Services or any Services (including "Log Information", "Location Information" and "Other Information", as defined in paragraph 2.2 below); and/or
(k) shared information about you as provided by third parties when they use our Services.
2.2 When you use our Services (including Information Services), we may also collect the following information:
(a) Log information, which refers to the technical information that the system may automatically collect through COOKIES or other means when you use our Services ("Log Information"), including:
(i) device or software information, e.g. configurations provided by your mobile device, web browser or other programs that you use to access our Services, your Internet Protocol (IP) address and Media Access Control (MAC) address and version of your mobile device and device identification number;
(ii) information you search and browse while using our Services, e.g. the web search terms you use, URL of the social media page you visit, and other information and content details that you browse or request while using our Services;
(iii) information of the App and other software that you have previously used, and the log data of your previous use of such App and software;
(iv) information about your communications through using our Services, e.g. the accounts that were used to communicate, and the time, data and duration;
(v) information (metadata) contained in the content that you have shared through using our Services, e.g. date, time or location of shared photographs or videos taken or uploaded.
(b) Location information, which refers to the information about your location that we collect when you turn on the positioning function of your device and use our related location-based services ("Location Information"), including:
(i) your location information we collect through GPS or WiFi etc., when you use our Services with your mobile device with positioning function;
(ii) real-time information provided by you or other users that includes your geographic location, e.g. your location information contained in the account information you provide, shared information uploaded by you or others that shows your current or previous geographic location, e.g. geo-tagging information contained in photographs shared by you or others;
(iii) you may cease our collection of your Location Information at any time by turning off the positioning function.
(c) Other information, which refers to the information about the texts, images, sounds, etc., of your contact list collected from the Services we provide to you when you open and access your contact list, use the webcam or voice recording functions and use our Services ("Other Information").
2.3 Your Personal Information is required for the use of our Services. If you fail to supply such Personal Information requested, we may not be able to deliver to you the relevant services or products. By providing your Personal Information to us, you acknowledge that you have made an informed decision in providing such Personal Information.
3 How We Use Your Information
3.1 We may use the Personal Information collected during the process of providing Services to you for one or more of the following purposes:
(a) sharing your Personal Information with the Group Companies for the supply of Services that we may offer to you from time to time;
(b) identification and verification of information in connection with any of the Services that may be supplied to you;
(c) payment for any of the Services, including verification of credit card details with third parties;
(d) provision of Services on any website of the Group Companies and/or through other telecommunications channels;
(e) reservations with or through us or any member of the Group Companies;
(f) leasing, development, sale, purchase and/or management of any of the Services of the Group Companies or other related services;
(g) marketing or promoting the related Services and/or Activities (as defined in paragraph 3.1 (k) below) of the Group Companies and/or its Merchants (as defined in paragraph 3.1(k) below), news, any latest offers and promotions or marketing information relating to the Services, Activities or activities of the portfolio of properties provided by the Group Companies and/or its Merchants sent to you free of charge by the Group Companies or third parties (as defined in Section 4.1 below) via email, letter correspondences, telephone, text messages, WeChat Push etc., or any direct marketing information sent to you by direct marketing suppliers, including but not limited to products, facilities, services, membership programmes, reward programmes, activities, contests, lucky draws, promotions, blogs, communications and/or project information (“Business Information”) related to cultural, entertainment and sports facilities and activities, commercial and residential properties, hotels, restaurants, spas, consumer products, food and beverages, books and stationery, fashion and accessories, children’s products, watches, jewellery and other luxury goods, eye-care products, personal care products, health and beauty products and services, household decoration and appliances, florists, sporting goods and products, electronic products and electrical appliances, banks and financial services, charity activities, motor vehicles and parking facilities；
(h) promoting and soliciting donations or contributions for charitable or non-profit making causes (including poverty alleviation, advancement of education or religion, health promotion, life-saving, relief to victims of disasters or epidemics, relief to persons with disabilities, assistance to those in need due to young age, old age, gender, ethnicity, ill health, financial hardship or other disadvantageous conditions, protection of animals, protection and improvement of environment, or any other charitable purpose for the benefit of the society);
(i) communicating with you by email, letter correspondences, telephone, WeChat Push or other means, including contacting you regarding your enquiries;
(j) conducting research and/or analysis from time to time to better understand your shopping, dining, spending and/or other consumption needs, preferences, interests, experiences and/or habits;
(k) designing new and/or enhancing existing Services, products, facilities, activities, contests, lucky draws and/or other projects relating to the Group Companies’ portfolio of properties or tenants in such portfolios of properties (“Merchants”) (together, the “Activities”), and/or administering any of the Activities conducted by the Group Companies (or on its/their behalf) or by the Merchants;
(l) managing customer relationship and relationship with the Group Companies’ Merchants;
(m) operating and administering any membership, loyalty or reward programmes (including joint collaborations with other brands);
(n) making disclosures when required by law, regulation, or court order of any jurisdiction and/or as requested by any government, regulatory or law enforcement authority or administrative organisation, which may be within or outside the PRC;
(o) establishing legal claims or defences, and/or obtaining legal advice, and/or exercising, safeguarding and/or protecting the rights or properties of any member of the Group Companies, including identifying, contacting or bringing legal action against any person who may be causing interference with such rights or properties (whether intentionally or otherwise) or where any other person could be harmed or property of any other person could be damaged by such interfering activities; and/or;
(p) any other incidental or associated purposes relating to the above, or any other purposes which you may from time to time agree.
3.2 We will not knowingly or intentionally use, share or sell your Personal Information in ways which are unrelated to the above purposes without your prior consent.
3.3 We may send you Business Information referred to in paragraph 3.1 (g) of this Privacy Statement by text message from time to time. If you do not agree to receive such information, please reply and let us know.
3.4 If you agree to receive Business Information, but do not wish to receive Business Information in the future, you may opt out of receiving or unsubscribe from our Business Information at any time, free of charge, by the following applicable means:
(a) unsubscribing by following the "Reply T" instructions contained in the marketing text message; or
(b) following the unsubscribe instructions or hyperlink in the email; or
(c) following the unsubscribe instructions in the mobile application; or
(d) notifying us that you no longer wish to receive Business Information when receiving our marketing calls; or
(e) notifying us in the manner set out in paragraph 9.1 that you no longer wish to receive Business Information through any channel.
3.5 We may issue service-related announcements to you when necessary (e.g. when we suspend a service due to system maintenance). You may not be able to opt out of these announcements which are service-related and not promotional in nature.
3.6 In order to enhance your experience, to improve our Services or for other uses to which you agreed, we, subject to compliance with applicable laws and regulations, may combine or customise the Personal Information we collected through one of our Services and make them available for use in our other Services. For example, Personal Information collected when you use one of our Services may be used in another Service for the provision of specific content or display of information to you which is relevant to you but not otherwise distributed generally. You may also request that we use the Personal Information you provided and stored in the relevant Service for use in our other Services, if we provide the option in the relevant Service.
3.7 We may from time to time remind you of certain specific privacy statements ("Specific Privacy Statement(s)") when providing Services to you on different platforms (e.g. our mobile application, website, text messages, etc.). Such Specific Privacy Statements will more precisely describe how we use your information for such Services.
4 How We Share Your Information
4.1 To facilitate the purposes mentioned under paragraph 3, and without prejudice to relevant laws and regulations, we may transfer and/or disclose your Personal Information to Group Companies and/or third parties located within or outside the PRC (together, “third parties”), share with or grant access to such third parties for inspection and/or use. Your Personal Information may also be transferred within or outside the PRC. Third parties include:
(a) any agent, contractor or third-party service provider who provides administrative, marketing and research, distribution, data processing, telemarketing, telecommunications, computer, payment or other services to or support the operation of the Group Companies’ business (including its/their direct marketing activities);
(b) other business associates such as loyalty programme operators and other companies involved in providing customer service or fulfilling customer requests;
(c) credit reference agencies, credit, debit and/or charge card companies and/or banks;
(d) medical professionals, clinics, hospitals, insurers and/or loss adjustors;
(e) government or law enforcement authorities or administrative organisations;
(f) any person under a duty of confidentiality to any member of the Group Companies (including accountants, legal advisers or other advisers);
(g) any actual or proposed assignee or purchaser of all or any part of the business and/or asset of the Group Companies;
(h) charitable or non-profit marking organisations; and /or
(i) any business information provider of the Group Companies (whether internal or external) and/or marketing or research service providers.
4.2 The purposes for which we share your Personal Information with the above third parties will be limited to one or more of the following:
(a) supply our Services to you;
(b) carry out the purposes set forth in paragraph 3 of this Privacy Statement;
(c) fulfill our obligations under this Privacy Statement and exercise of our rights; and/or
(d) maintain and improve our Services.
4.3 We may also need to retain, store or disclose your Personal Information for the following purposes:
(a) compliance with applicable laws and regulations;
(b) compliance with court orders or other legal proceedings;
(c) compliance with the requirements of the relevant government authorities; and/or
(d) where we consider it reasonable and necessary to, comply with the applicable laws and regulations, safeguard public interest, or protect the personal and property safety or legal rights of the Group Companies, our customers or other users or employees.
4.4 Other than those stated in paragraphs 4.1, 4.2 and 4.3 above, we will not share your Personal Information with any other third parties without your express consent, except that we may share data or statistics with third parties in aggregated or anonymised form (such information will not be used directly or with Other Information to identify you personally, e.g. we may share the aggregated data about your preferences and location with advertisers for marketing purposes).
4.5 When we share your Personal Information with any of the above third parties, we will strive to ensure that such third parties comply with this Privacy Statement and other appropriate confidentiality and security measures that we require them to comply with when using your Personal Information, except for the Personal Information you provide directly to the third parties through the use of their services as described in paragraph 5.2 of this Privacy Statement.
4.6 With the continuous development of our business, we may engage in mergers, acquisitions, transfer of assets or similar transactions, and your Personal Information may be transferred as part of such transactions.
5 Third-party Services
5.1 In order to better provide our Services to you, our Services may include or link to social media or other services (including websites, mobile applications, etc.) provided by third parties, e.g.:
(a) You may share certain content with our Services using the “Share” button, or you may log in to our Services through the connection services of third parties. Your information (including your Log Information) may be collected through these functions, and COOKIES may be transferred to your computer for normal operation of the above functions;
(b) We provide you with links through advertisements or other means of our Services that give you access to third-party services or websites.
6 Reminder About User Information Sharing
6.1 Our various Services allow you to publicly share your relevant information, not only with your social networks but also with all users of those Services, e.g., the information you upload or post through our Services (including your publicised Personal Information, the lists you have created), your responses to information uploaded or posted by others, the relevant Location Information and Log Information. Other users of our Services may also share your related information (including Location Information and Log information). In particular, our social media services are specifically designed to allow you to share information with users around the world so that shared information can be delivered real time and extensively. As long as you do not delete the shared information, the information remains in the public domain; even if you delete the shared information, the information may still be cached, copied or stored independently by another user or unrelated third parties not controlled by us, or kept by other users or such third parties in the public domain. Therefore, you should carefully consider the content of the information you upload, post and exchange through our Services.
7 Reminder About Sensitive Personal Information
7.1 Certain Personal Information may be considered sensitive Personal Information due to their particularity, e.g. your ethnicity, religion, personal health and medical information, etc.
7.2 Please note that the content and information you provide, upload or post through our Services (e.g. photographs or information about your social activities) may disclose your sensitive Personal Information. You need to carefully consider whether your sensitive Personal Information should be disclosed through our Services.
7.3 You agree that your sensitive Personal Information will be handled for the purposes and by the means described in this Privacy Statement.
8 How We Retain, Store and Protect Your Information
8.1 Your Personal Information will be retained by us only for as long as is necessary to fulfil the purposes mentioned in this Privacy Statement, or for a duration as required or permitted by laws and regulations.
8.2 In order to ensure the correct use and to maintain the accuracy of the personal data collected from you, as well as preventing unauthorised or accidental access, processing, erasure or other use of the personal data, we have implemented various internal policies (including physical, electronic and management measures) and various security technologies and procedures. For example, where we collect personal data online, we use an industry standard for encryption over the Internet known as Secure Socket Layer (SSL) protocol to protect the personal data. Our websites have firewalls in place, which should protect the personal data collected from you against unauthorised or accidental access. If any information is being disclosed, we will inform you as soon as practicable. However, please understand that, due to technical and risk prevention limitations, even if we have made our best effort to enhance security measures, we cannot ensure that the information is absolutely safe. You should note that the systems and communication networks you use to access our Services may be subject to problems beyond our control. Therefore, you are advised to protect against unauthorised access to your password and credit card details. When using a shared computer, make sure you sign out from your account when finished.
9 How Do You Access and Control Your Information
9.1 You are entitled to access or correct any Personal Information relating to you held by us, or request us to delete your Personal Information if we are not authorised to retain your Personal Information by law or for legitimate business purposes. If you wish to access, correct or request us to delete your Personal Information, or request for a copy of any of your Personal Information, or request for information regarding our Personal Information policies and practices or kinds of Personal Information held, please contact us as follows:
Company Name: Swire Properties Hotel Management Limited
Contact person: Customer Support Officer
Address: Suites 2701-05, Cityplaza One, 1111 King’s Road, Taikoo Shing, Hong Kong
Email address: email@example.com
9.2 We will endeavour to use appropriate technical means to ensure that you can access, update and correct your registration information or other Personal Information provided through the use of our Services. In accessing, updating, correcting and deleting your Personal Information, we may ask for you to authenticate your identity in order to protect the safety of your account.
9.3 To the extent permitted by relevant laws and regulations, we reserve the right to refuse unreasonable requests (for example, requests which infringe the privacy of others). To the extent permitted by relevant laws and regulations, we reserve the right to charge a reasonable fee for the cost of processing any data access or correction request.
10.2 COOKIES contain information about you and your preferences. For example, if you inquire about rates and availability, the site might create a COOKIE that contains the details you entered. COOKIES might only contain a record of which pages within the site you visited, to help the site customise the view for you the next time you visit.
10.3 Only the information that you provide, or the choices you make while visiting a website, would be stored in COOKIES. For example, the site cannot identify your email name unless you choose to input it. Allowing a website to create COOKIES does not give that site or any other site access to the rest of your computer, and only the site that created the COOKIES can read it.
10.4 We may also collect Log Information regarding your IP address, browser type, domain name and access time. Such information will be used for internal research purposes. As it is not linked to any personal data, it may be separate from your Personal Information. In rare instances, IP addresses may be used to assist in deterring and/or preventing abusive or criminal activities on the website.
10.5 If you use the WiFi available at our properties, we may collect the MAC address of your mobile device. We may use your MAC address to keep track of your activity patterns and preferences in order to improve the level of service you receive. Your MAC address may be combined with other information we receive from third parties to provide you with better service and, where you have consented to receive direct business information text messages, we may provide you with targeted advertisements, content, features, deals and offers in relation to the business marketing information as set out in the relevant personal data collection statement when your personal data is being collected.
10.6 If you interact with us on social media platforms (e.g. if you "Like" our Facebook Page or post on our Timeline, or subscribe to our WeChat Official Account), we can interact with you and send you messages via these platforms. We will interact with you in accordance with the rules of the social media platforms but we are not responsible for how the platform operators collect and handle your personal data. We will not be responsible for what third parties post on our social media accounts.
11 Age Limit
11.1 Protecting the privacy of minors under eighteen (18) years of age is our primary concern. We encourage parents or guardians to guide minors in using our Services. Minors are advised to encourage their parents or guardians to read this Privacy Statement, and to seek the consent and guidance of their parents or guardians before submitting Personal Information. We will protect the Personal Information of minors in accordance with the relevant state laws and regulations.
11.2 We will not collect or use the Personal Information of minors without prior consent from them or their parents or guardians.
12 Scope of Application of This Privacy Statement
12.1 This Privacy Statement policy applies to all our Information Services. The Specific Privacy Statement described in paragraph 3.7 also forms part of this Privacy Statement. In the event of inconsistency between any Specific Privacy Statement and this Privacy Statement, the respective Specific Privacy Statement applies to that particular information platform.
12.2 Please note that this Privacy Statement does not apply under the following conditions:
(a) information collected directly from you by third-party services (including any third-party websites) that are accessed through our Information Services;
(b) information collected by other companies and institutions that advertise through our Information Services.
13 Amendment of Privacy Statement
13.1 We may amend the terms of this Privacy Statement from time to time. The amendments form part of this Privacy Statement. You may access and obtain a copy of this Privacy Statement, as amended from time to time, at our relevant website so that you are always informed of the ways we collect and use personal data. By continuing to use our Services, you agree to be bound by this Privacy Statement as amended from time to time.
14 Language of Privacy Statement
14.1 This Privacy Statement is written in the Chinese language and may be translated into other languages. In the event of any inconsistency between the Chinese version and the translated version of this Privacy Statement, the Chinese version shall prevail.