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Privacy Policy

Last updated: 28 September 2020

Your privacy is important to Electric Soul and, therefore, we have developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your personal information.

Introducion

Welcome to Electric Soul Limited’s privacy policy.

We respect your privacy and we are committed to protecting your personal data/information. This Privacy Policy will inform you as to how we look after your personal information when you visit our site and/or use our mobile web and mobile application which was developed by us and tell you about your privacy rights and how the law protects you.

By using our Platform and Services (as defined below) and any other site and/or media platforms and/or applications accessed through our Platform, users of the Platform agree and acknowledge that the Privacy Policy, the Terms and Conditions and the Terms of Business Services are binding upon them. If a User does not agree to these Terms and Conditions or our Privacy Policy, then he/she must not use our Platform.

Important information and who we are

Purpose of this privacy policy

This Privacy Policy aims to give you information on how we collect, process use, and share personal information through the use of the Platform, including any data you may provide when you purchase a product, service or other features offered by the Company.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal information so that you are fully aware of how and why we are using your personal or non-personal information. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

The Company, its subsidiaries and its affiliates may share your personal information with each other and use it consistent with this Privacy Policy. We may also combine it with other information to provide and improve our Services. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our Services or respond to any queries you may have.

We are committed to keeping and safeguarding your personal information to its privacy and confidentiality. This Privacy Policy is prepared in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong).

By using or downloading our Services, and providing your personal information thereto, you shall be deemed to consent to this Privacy Policy and you agree and understand each clause hereof. Please take a moment to familiarize yourself with our privacy practices and contact us if you have any questions.

Third party links

Our Platform and Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates, such as Business Users as defined in the Terms and Conditions. Please note that these websites and any services that may be accessible through them have their own privacy policies, and that we do not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal information to these websites or use these services.

Collection of personal information

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Users may disclose or be asked to provide personal information. In order to have the benefit of and enjoy various Services offered by the Platforms, it may be necessary for Users to provide the Company with their personal information. Although Users are not obliged to provide the data/information as requested on the Platform, the Company will not be able to render certain Services on the Platform in the event that Users fail to do so.

We may collect, use, store and transfer different kinds of personal information which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, gender, ID number, username or similar identifier.
  • Contact Data includes your home address, email address and/or telephone numbers.

If you fail to provide personal information:Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide personal information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Special Data: We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How is your personal information collected?

We use different methods to collect data from and about you including through:

Direct interactions

You may give Is your Identity Data and Contact Data by using our Platform and/or Services or by corresponding with us by post, phone, email or otherwise. This includes personal information you provide when you:

  • apply for our Services;
  • create an account on our Platform;
  • request marketing to be sent to you;
  • enter a promotion/survey; or
  • give us feedback or contact us.

Automated technologies or interactions

As you interact with our Platform or Services, we will automatically collect Technical Data (as defined below) about your equipment, browsing actions and patterns. We use cookies and/or other tracking technologies to distinguish you from other users of the Services and to remember your preferences. This helps Us to provide you with a good experience when you use our Services and also allows us to improve Our Services. Please find here our Cookie Policy.

Controlling your personal information

You can stop the collection of information by us easily by uninstalling our Platform on your device and/or deleting your Account. You may use the standard uninstall procedures as may be available as part of your device or via the mobile apps’ marketplace or network.

When it comes to how we use personal information, you have the right to:

  • request a copy of your personal information (we have the right to charge a reasonable fee to complete this request);
  • request that we correct anything that is wrong, or complete any incomplete personal information;
  • complain to a data protection authority or another independent regulator about how we are using the personal information.

If you want to exercise your rights, or would like an explanation about these rights, we have explained how you can get in touch in the contact us section below. We may monitor or record calls or any other communication we have with you. This might be for training, for security, or to help us check for quality.

The security of your personal information is very important to us. We use reasonable administrative, physical and procedural measures to safeguard your personal information against loss, theft and unauthorized access. For example, we limit access to this information to authorized employees and contractors and other third parties who need to know that information in order to operate, develop or improve our Services.

If we become aware that your personal information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent We know that information) as soon as reasonably possible and as permitted by law.

Payment services

We use Stripe, Inc, as our third-party payment gateway service to facilitate electronic transactions on the Platforms. Regarding sensitive information provided by Users, such as credit card number for completing any electronic payment transactions, the web browser/application and third-party payment gateway directly communicate such encrypted information using Transport Layer Security (TLS) technology. Secure Socket Layer (SSL) technology is used for compatibility with various web browser types and versions. When a User makes a payment via the Platform or via any service integrated with the system of the Company, the Company stores credit card transaction records and a unique token returned by Payment Card Industry (PCI) - certified Payment Card Industry - Data Security Standard (PCI-DSS) - compliant third party payment gateway only consisting of the first 6 and last 4 digits of credit card number that fulfill PCI DSS compliance requirement in order to be compliant with relevant rules and regulations for the purpose of transaction verification. The credit card with the Limited Credit Card Info may be saved in the system; henceforth the Token may be used for processing payment made by the same User for his/her future purchase via the Platforms or the service integrated with the system. Please also check out Stripe’s privacy policy for further information.

Apart from the aforesaid credit card information, the Company, Business Users and any Business Locations (as defined in the Terms and Conditions) which provide Services via the Platform or using any services provided by the Company do not collect or store any other credit card information.

We follow generally accepted industry standards to protect the personal information submitted by Users to the Platforms, 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 strives to protect Users’ personal information and data against unauthorized access, the Company cannot guarantee its absolute security.

Purpose of collection and use of your personal information

The purposes for which your personal information is collected and used may include (without limitation) one or more of the following purposes:

Types of personal data Purpose & legal basis for processing
Family name and first name in English or another official language (as it appears on the passport or identity card)

Gender
To identify and communicate with the user.

We may also collect data about your gender for analytical purposes as well as for services in relation to table booking and additional promotions.
ID number For verification of users identity when the user purchases tickets or tokens and is required to identify himself while redeeming a ticket or token in order to (i) access the premises (e.g. for an event) and (ii) safeguard the user against damage or loss in the event that a third party is misusing such ticket or token without the user’s permission.
Home address For communication with the user and delivery of a physical ticket, if required.
Email address

Phone number
For verification of a user’s identity when a user makes an enquiry about his/her account details and check/redeem a ticket/token/coupon as well as for communication with users.
Additional Purposes Legal basis for processing
The administration of our Services; performance of our obligations and the provision of relevant Services prior to any subscription. For the performance of our Services, or in order to take steps prior to entering into a contract with you.
Provision of Services - like to reply to a question, or tell you that something’s changing.

Keeping your information on record and carrying out other internal business administration.
For the performance of our Services and our legitimate interests in maintaining and developing our relationship with you.
Complying with any regulatory or other legal requirements. Compliance with our legal obligations.
Design and provide you with related products and services.

Conduct research and statistical analysis (including use of new technologies).

For any other incidental or associated purposes relating to the above.
Our legitimate interests in designing and improving our products and Services, provide value added services, developing our business and gaining insight into how our products are used.

In addition, we will use the personal information you provide to us, together with other information, to send you direct marketing offers by electronic and non-electronic means including by post, as well as sending you introductions to products and services from carefully selected third parties also by post. Our legal basis for this processing is based on your consent.

We will only use your personal information for the purposes for which we collected it, unless We reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows Us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Purpose of collection and use of non-personal information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

  • Technical Data: We may collect information such as language, zip code, area code, unique device identifier, referrer URL, internet protocol (IP) address, login data, browser type and version, browser plug-in types and versions, operating system and platform, location and the time zone where a Company product is used so that we can better understand customer behavior and improve our Services and advertising.
  • Profile Data: We may collect information regarding customer activities on our Platform and from our Services, such as purchases or orders made by you, your interests, preferences, user-entered biography, user content e.g. lists, posts, comments, bookmarks, feedback and survey responses. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our Platform and Services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.
  • Usage Data: We may collect and store details of how you use our Platform and Services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the internet, such information will not be associated with your IP address.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

With your explicit consent, we may collect data about how you use your device and applications in order to help app developers improve their apps.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Sharing of your information

We will share your information with third parties only in the ways that are described in this Privacy Policy. We may share your information for the following purposes:

  • We may share your personal information with third party service providers (including without limitation insurers, lawyers, bankers, accountants, financial institutions, trustees and other third party service providers who provide administrative, telecommunications, computer, payment, printing, redemption or other services to us to enable us to operate our business), professional advisors, debt collection agencies, financial/health institutions and partnerships for any of the purposes set out in this Privacy Policy. If appropriate, we may also pass on your personal information to financial crime prevention agencies, any legal, regulatory or government bodies.
  • We may share your demographic data, e.g. gender and date of birth, and Technical Data with advertisers and other third parties on an aggregate data basis (i.e., non-personally-identifiable).
  • We may transfer your personal information to another company in connection with a merger, sale or acquisition by or of the Company. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.
  • We may process your personal information in a country other than the one in which you reside. To the extent we transfer your personal information, we will use appropriate safeguards and comply with the laws of the country to which your personal information is transferred. Details of the safeguards we use are available on request.

Outsourcing

We are outsourcing the storage of data by using third-party cloud service providers who shall not have access to personal information stored in the cloud except when such access is carried out under the supervision of the Company or a contractual agreement with the Company, whereby clear security and confidentiality requirements and obligations exist and such arrangements shall comply with the requirements under DPP2(3) and DPP4(2) of the Personal Data (Privacy) Ordinance (Cap. 486).

Data retention

We will retain personal information you provide to us for as long as you use our Platform and/or Services and for a period of seven years after the end of the customer relationship, or longer if required by law. There may be specific circumstances where it is necessary for us to retain your personal information and/or data for longer (such as when a dispute arises).

Lost or stolen information

You must promptly notify us if your personal information is lost, stolen or used without permission. In such an event, we will remove that personal information from your account and update our records accordingly within a reasonable time.

Updates and changes to privacy policy

We reserve the right to add to, change, update or modify this Privacy Policy at any time and you should review it periodically. We will provide notice of any such changes (including when they will take effect) in accordance with law. Your continued use of our Platforms and/or Services after we post any modifications to the Privacy Policy on the website or software applications will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If you do not wish to acknowledge or accept any updates or changes to this Privacy Policy, you may cancel your use of our Services. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Direct marketing

We will send you information about our products and services and carefully selected third parties.

Additionally, from time to time, we would like to contact you by electronic means with details about products, services and any special offers. We will only do this if you have consented to us contacting you by electronic means.

And if you change your mind, and/or you would like to opt-out of receiving non-electronic direct marketing, it is easy to let us know. Just use one of the options in the contact us section.

Right to access

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Your legal rights

You have the right to make a complaint at any time to the office of the Privacy Commissioner for Personal Data, the Hong Kong supervisory authority for data protection issues (www.pcpd.org.hk). We would, however, appreciate the chance to deal with your concerns before you approach the Commissioner, so please contact us in the first instance.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please email support@electricsoul.com