Privacy Policy
5 October 2022
This privacy policy (the Privacy Policy) may be updated from time to time. Any changes to this Privacy Policy will become effective upon posting of the revised policy hereunder. The Entrants must review this Privacy Policy to ascertain the Data User’s latest policies and practices in relation to the Personal Data.
This Privacy Policy is intended to inform all Entrants about the Data User’s policies and practices in treating Personal Data and Non-personal Information. Entrants understand and acknowledge to be bound by this Privacy Policy by using the Website and by participating in the Competition or by otherwise giving the Data User any of his/her Personal Data. If any Entrant does not agree with any part of this Privacy Policy, then the Data User cannot provide the Website and the Competition to such Entrant, and such Entrant should stop accessing the same.
This Privacy Policy is intended to inform all Entrants about the Data User’s policies and practices in treating Personal Data and Non-personal Information. Entrants understand and acknowledge to be bound by this Privacy Policy by using the Website and by participating in the Competition or by otherwise giving the Data User any of his/her Personal Data. If any Entrant does not agree with any part of this Privacy Policy, then the Data User cannot provide the Website and the Competition to such Entrant, and such Entrant should stop accessing the same.
1.DEFINITIONS
Capitalised terms shall be as defined in the terms and conditions (https://wristcheck-yourtakeontheroyaloak.com/terms) unless otherwise herein defined:
Affiliates means, in relation to the Data User, any subsidiary, subsidiary undertaking, holding company and parent undertaking of the Promoter;
Data User means Wristcheck Media Limited, the company responsible for the collection, holding, processing and/or use of Personal Data;
GDPR is as defined in clause 10.2 of this Privacy Policy; PDPO means the Personal Data (Privacy) Ordinance, Chapter 486 of the laws of the Hong Kong Special Administrative Region, as amended from time to time;
Personal Data means personal data collected from the Entrants by the Data User or otherwise held, processed and used by the Data User which (i) relates directly or indirectly to the Entrants; (ii) can be used to ascertain the identity of such Entrants as individuals; and (iii) is in a form which access to and/or processing of such data is practicable, including but not limited to, names, contact details, email addresses, age, gender, any other such personal description provided during submission of an Entry, device information and identifier, information collected by cookies as set out in clause 9 of this Privacy Policy and any information provided by or in relation to such Entrant pursuant to this Privacy Policy; and
Non-personal Information means any such Personal Data which the Data User makes the identity of the individual not directly or indirectly ascertainable, either by combining it with information about other individuals (aggregating one Entrant’s information with another Entrant’s information), or by removing characteristics (such as Entrant’s name) that make the information personally identifiable to such Entrant (hence de-personalizing the information).
Affiliates means, in relation to the Data User, any subsidiary, subsidiary undertaking, holding company and parent undertaking of the Promoter;
Data User means Wristcheck Media Limited, the company responsible for the collection, holding, processing and/or use of Personal Data;
GDPR is as defined in clause 10.2 of this Privacy Policy; PDPO means the Personal Data (Privacy) Ordinance, Chapter 486 of the laws of the Hong Kong Special Administrative Region, as amended from time to time;
Personal Data means personal data collected from the Entrants by the Data User or otherwise held, processed and used by the Data User which (i) relates directly or indirectly to the Entrants; (ii) can be used to ascertain the identity of such Entrants as individuals; and (iii) is in a form which access to and/or processing of such data is practicable, including but not limited to, names, contact details, email addresses, age, gender, any other such personal description provided during submission of an Entry, device information and identifier, information collected by cookies as set out in clause 9 of this Privacy Policy and any information provided by or in relation to such Entrant pursuant to this Privacy Policy; and
Non-personal Information means any such Personal Data which the Data User makes the identity of the individual not directly or indirectly ascertainable, either by combining it with information about other individuals (aggregating one Entrant’s information with another Entrant’s information), or by removing characteristics (such as Entrant’s name) that make the information personally identifiable to such Entrant (hence de-personalizing the information).
2.COLLECTION, HOLDING, PROCESSING AND/OR USE OF THE PERSONAL DATA BY THE DATA USER
The Data User will request all Entrants to voluntarily provide it with Personal Data for purposes set out in clause 3.2 of this Privacy Policy.
3.PURPOSE OF COLLECTION, HOLDING, PROCESSING AND/OR USING THE PERSONAL DATA BY THE DATA USER
3.1The Data User will seek the Entrants’ (or their respective relevant persons as defined under the PDPO) expressed consents to changes in how it uses and/or discloses their Personal Data if requested by law, but otherwise use of the Website and/or submitting Entr(ies) following such changes constitutes their acceptances of the revised statement then in effect.
3.2The Data User limits the collection (which shall be adequate and not excessive), holding, processing and use of the Personal Data to the following specific and lawful purposes only:
(i)to enable and provide the Entrants with access and use of the Website and participation in the Competition;
(ii)to communicate with the Entrants, including but not limited to, for provision of technical, administrative and operational information regarding the Website and the Competition;
(iii)to operate, protect, improve and optimize the Website and the Competition and to improve and customize the Entrants’ experiences when using/participating in the same, including but not limited to the collection of Personal Data by cookies as set out in clause 9 of this Privacy Policy;
(iv)to administer the business of the Data User and conduct research and development for its new products, features, services and applications;
(v)where applicable and subject to compliance of the PDPO, to provide the Entrants with marketing and promotional materials for their enjoyment of benefits of the services provided under the Website;
(vi)to enforce the Data User’s legal and/or contractual obligations and rights, and to resolve disputes between the Data User and the Entrants and third-parties;
(vii)to derive, create or otherwise transfer the same into Non-personal Information for the purpose of creating general data statistics;
(viii)for the Data User’s internal business and administrative purposes;
(ix)for the Data User’s compliance of relevant laws and regulations; and
(x)other purposes directly relating to any of the above.
3.3For the avoidance of doubt, the Data User is entitled to collect, hold, process and use the Non-personal Information for any lawful purpose which shall be relating to the function and activity of the Data User, including but not limited to researching and analyzing to improve the Data User’s services and businesses.
4.DATA ACCESS AND CORRECTION REQUEST
4.1In accordance with the terms of the PDPO, the Entrants (or their respective relevant persons (as defined under the PDPO) on behalf of them) have the right to:
(i)request access to the Personal Data, including being informed by the Data User whether it holds their Personal Data and, if the Data User holds their Personal Data, receiving copies of such Persona Data; and
(ii)request the Data User to correct their Personal Data which is inaccurate.
4.2In order to protect the Personal Data, the Data User will require all Entrants (or their respective relevant persons (as defined under the PDPO) on behalf of them) to prove their identities in relation to their requests to access and/or correct their Personal Data. Requests for access and/or correction of Personal Data are to be addressed in writing and sent to info@wristcheck-yourtakeontheroyaloak.com or by post to 25/F, Canton House, 54 Queen’s Road Central, Central, Hong Kong to Chief of Staff. A reasonable fee shall be charged to offset the Data User’s administrative and actual costs incurred in complying with the relevant data access requests. Where there are reasonable grounds for believing that any Personal Data is inaccurate having regard to the purpose(s) for which the Personal Data is or is to be used, the Data User shall (i) ensure that such Personal Data shall not be used for such purpose(s) unless and until those grounds cease to be applicable to such Personal Data or the Personal Data shall be erased; and (ii) inform any third-parties to whom such Personal Data was disclosed that such Personal Data is inaccurate and shall provide to them such particulars as will enable such third-parties to correct the Personal Data having regard to such purpose.
5.RENTENTION OF PERSONAL DATA BY THE DATA USER
5.1Where any Personal Data held by the Data User is no longer required for the purposes as stated under clause 3.2 of this Privacy Policy, the Data User shall take practicable steps to cease processing and holding such Personal Data as soon as reasonably practicable, provided that the Data User may keep copies of such Personal Data as is reasonably required and permitted under the PDPO (i) for archival purposes; (ii) for use in relation to any actual or potential dispute; (iii) for compliance with applicable laws and regulations; (iv) for enforcing any agreement the Data User has with such Entrant; and (v) for protecting the Data User’s and its employees’ rights, property or safety.
5.2The Data User provides the Entrants with the ability to request removal of their Personal Data from its storage. The Entrants may lodge such request in writing by sending an email to info@wristcheck-yourtakeontheroyaloak.com or by post to 25/F, Canton House, 54 Queen’s Road Central, Central, Hong Kong to the Chief of Staff. For the avoidance of doubt, the Data User is entitled to retain, process and use, for indefinite term and any purpose, any Non-personal Information.
6.DISCLOSURE AND TRANSFERRAL OF PERSONAL DATA
6.1The Data User may make certain Personal Data available to its Affiliates for the purposes as stated in clause 3.2 of this Privacy Policy, who may be situated within or outside Hong Kong and all of whom are bound by this Privacy Policy.
6.2The Data User may make certain Personal Data available to the third-parties as stated below, who may be situated within or outside Hong Kong: (i) data storage service providers, for the sole purpose of storing data which the Data User collected from time to time; (ii) strategic business partners, including but not limited to (a) mail houses and email service providers, for the sole purpose of mailing and dissemination of its promotional materials; (b) hosting and database management service providers, including but not limited to IPFS; and (c) Audemars Piguet (Marketing) S.A. in Switzerland for the purpose of implementing the Competition and performing the terms and conditions of the Competition; (iii) suppliers and other third-parties appointed by the Data User to perform the services contemplated under the Website; and (iv) data analytics service providers, for the sole purpose of carrying out data analysis to improve and customize Users’ experiences when using the Site, Applications and/or Services all of whom are contractually (x) prohibited from using the Personal Data for any purpose other than those purposes specified in their respective contracts and keeping Personal Data longer than is necessary for the fulfillment of such purpose(s) specified in their respective contracts; and (y) required to prevent unauthorized or accidental access, processing, erasure, loss, use or disclosure of the Personal Data.
6.3In the circumstances where the Data User reorganizes its group structure or undergoes a change of control or business combination, each Entrant’s Personal Data may, at the Data User’s sole discretion, be transferred to a third-party who will continue to operate the Data User or a similar service under either this Privacy Policy or a different privacy policy statement which will be notified to each Entrant. Such a third-party may be located, and use of Entrants’ Personal Data may be made, outside of Hong Kong in connection with such acquisition or reorganization.
6.4By accepting this Privacy Policy, each Entrant understands and acknowledges that his or her Personal Data may be disclosed or transferred to Affiliates and/or any such third-parties (and their respective employees and representatives) under clause 6 of this Privacy Policy.
7.DIRECT MARKETING AND OPTING OUT
7.1The Data User intends to use the Personal Data of the Entrants for direct marketing. Only when Entrants have provided the consents required under the PDPO, may the Data User use the Personal Data of such Entrants to contact such Entrants and provide information about the Data User’s services and goods (either alone or in conjunction with products, features, services and/or applications offered by the Data User’s Affiliates or business partners) that may be of interest to such Entrants.
7.2The Data User provides the Entrants with the ability to unsubscribe from all direct marketing communications from the Data User. Every time an Entrant receives a direct marketing email, he/she will be provided with the choice to opt-out of future direct marketing emails. Entrants may also opt-out of receiving personal promotional materials by sending an email to info@wristcheck-yourtakeontheroyaloak.com or by post to 25/F Canton House, 54 Queen’s Road Central, Central, Hong Kong to the Chief of Staff at any time, without charge by the Data User.
8.THIRD-PARTY SOCIAL MEDIA SITES’ PRIVACY POLICIES
Since the Website may collect information of the Entrants from third-party social media sites, and support products and features offered by such third-party social media sites, the privacy policies and practices and cookies policies (as applicable), as may be amended from time to time, of such third-party social media sites are incorporated to this Privacy Policy by reference (as applicable).
9.COOKIES
9.1Entrants understand and acknowledge that when they visit the Website and participate in the Competition, the Data User may use cookie files to collect information about such Entrants. When Entrants participate in the Competition, they understand and acknowledge that any information collected by means of cookies when participating in the Competition about them would be Personal Data. The Data User may use such information for compiling aggregate statistics on how Entrants use the Website. Such statistics are collected for managing, enhancing and improving the Entrants’ experiences when accessing the Website. The strategic business partners of the Data User may also use such information for compiling information in order to analyse the interests and searches of such Entrants to provide advertisements tailored to their interests and searches when accessing the Website.
9.2Most web browsers are initially set up to “accept” cookies. Entrants may choose to “not accept” cookies by changing the settings of their web browsers. By choosing to “not accept” cookies, certain features on the Website may not be accessible and available to such Entrants, and some of their preferences, including but not limited to their preferred currency, languages, and searches, may not be remembered by the Website.
10.CROSS-BORDER DATA TRANSFER
10.1Where applicable, the Entrants understand and acknowledge that their Personal Data may be transferred to, processed, and stored in Hong Kong or Switzerland. Data protection laws in Hong Kong or Switzerland may be different from those in the Entrants’ country of residence. Where applicable, the Entrants consent to the transfer, process and storage of their information, including Personal Data, to/in Hong Kong or Switzerland as set forth in this Privacy Policy by using the Website.
10.2The Entrants understand and acknowledge that it is contemplated that the collection of Personal Data may fall within the regulation of the General Data Protection Regulation (EU) 2016/679 (GDPR). If it is held by any tribunal or court of competent jurisdiction that: (i) the collection of Personal Data falls within the GDPR; and (ii) the transfer of Personal Data is to countries not deemed to provide an adequate level of personal data protection under the GDPR, the Entrants understand and acknowledge that the Data User shall transfer the Personal Data based on a data transfer mechanism recognized by the European Commission as providing adequate protection for Personal Data.
11.STATEMENTS OF POLICIES IN RELATION TO PROTECTION OF PRIVACY INTEREST OF ENTRANTS
11.1The Data User will collect, hold, process and use Personal Data that the Entrants make available when accessing or using the Website. It will take appropriate steps to protect Personal Data collected and/or held by it against unauthorized or accidental access, processing, erasure, loss, use or disclosure.
11.2The Data User is committed to protecting the privacy, confidentiality and security of the Personal Data it holds by complying with the requirements of the PDPO with respect to the management of Personal Data. The Data User is equally committed to ensuring that all its employees and agents uphold these obligations and it will ensure compliance by its staff with the strictest standards of security and confidentiality.
12.LEGAL DISCLAIMER
12.1The Data User may need to disclose Personal Data when required by the relevant laws or court orders, or as requested by other governments or law enforcement authorities. This also applies when the Data User has reasons to believe that disclosing the Personal Data is necessary to identify, investigate, protect, contact or bring legal action against someone who may be causing interference with the Entrants or to others, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
12.2The Entrants understand and acknowledge that this Privacy Policy does not apply to any unsolicited information they provide to the Data User through the Website or through any other means. All unsolicited information shall be deemed to be non-confidential and the Data User shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution.
12.3The Entrants understand and acknowledge that their Entr(ies) are transmitted to others at their own risk. Although the Data User limits access to certain pages, Entrants acknowledge that no security measures are perfect or impenetrable. The Entrants understand and acknowledge that they should take care when using social networking features of the Website since the information such Entrants choose to make available can be seen by other users of the third-party social media sites. Additionally, the Entrants understand and acknowledge that the Data User cannot control the actions of other Entrants with whom the Entrants may choose to share their information (which may include their Personal Data). Therefore, the Entrants understand and acknowledge that the Data User cannot and do not guarantee that their Entr(ies) will not be reviewed by unauthorized persons.
12.4The Website of the Data User may contain links to other websites or applications. The Entrants understand and acknowledge that the fact that the Website links to other websites, applications or advertisements does not mean that the Data User endorses or authorizes the collection of personal data from the Entrants by such third-parties, nor does it constitute a representation of any affiliation between the Data User and such third-parties. The Entrants understand and acknowledge that, once the Entrants click on a link to third-party websites, applications or advertisements, they will access third-party websites, applications and advertisements which may collect information from such Entrants. The Entrants understand and acknowledge that such third-party websites, applications and advertisements follow different rules regarding the collection, use, processing or disclosure of the personal data such Entrants submit to them. Hence, the Entrants understand and acknowledge that the Data User shall not be responsible for the content and activities of these linked websites, applications and advertisements (including any collection, use, holding, processing or disclosure of personal data of Entrants by such third-parties).