1. Commitment to Personal Data Protection
2. The Personal Data We Collect
We are committed to protecting the privacy of the personal data (“Personal Data”) we hold. To ensure that you can make informed decisions and feel confident about providing your Personal Data to us, we outline in this Policy our practices and the choices you have concerning the collection and use of your Personal Data.
2. The Personal Data We Collect
2.1. The types of Personal Data we collect from you will depend on the specific type of services and products as requested by, or provided to, you. The types of Personal Data may include (without limitation) the following:
(a) your personal information (e.g. your name, gender, date of birth, passport or other personally identifiable number);
(b) your contact information (e.g. telephone numbers, mailing addresses, email addresses and fax numbers);
(c) your business information (e.g. company name, business title and associated contact information);
(d) your credit or debit or other charge cards information (e.g. name of cardholder, card number, billing address, security code and expiry date);
(e) your travel details (e.g. flight information, travel companions’ Personal Data and information related to traveller’s special needs or preferences);
(f) your interests, personal preferences or comments;
(g) your comments and responses to market surveys, contests and promotional offers conducted by us or on our behalf; and/or
(h) information when you use our websites or other services or products (e.g. behavioural information, purchasing history, location information, browser details, IP addresses).
2.2. Certain Personal Data (e.g. relating to your personal information and contact information) are required for specific services and if you fail to supply such Personal Data as requested from each specific service, we may not be able to deliver you the services or products. By providing your Personal Data to us, you acknowledge that such provision is fair and reasonable in the circumstances.
3. Purposes for which your Personal Data are Collected and Used
3.1. The purposes for which your Personal Data are collected and used may include (without limitation) one or more of the following purposes:
(a) for the supply of any services, products, facilities and/or other subjects (together, the “Services”) which we or any of our subsidiaries, holding companies, joint ventures and associated companies (together, “Swire Properties Group”) may offer to you, or you may require from us, from time to time;
(b) for payment purposes for any of the Services of Swire Properties Group, including verification of credit card details with third parties;
(c) for use of our online Services available at any of the websites of Swire Properties Group and/or through other telecommunication channels;
(d) with your consent, for marketing or promoting any of the Services of Swire Properties Group (e.g. sending you updates on our latest offers and promotions in relation to any of our Services from time to time) and/or the Merchants (as defined below). Please see further details in “5. Direct Marketing” section below;
(e) with your consent, for promoting and soliciting donations or contributions for charitable or not-for-profit making causes;
(f) for leasing, development, sale or purchase of any of the Services of Swire Properties Group and/or for management or other related services;
(g) for identification and verification purposes in connection with any of the Services that may be supplied to you;
(h) for reservations with or through us or any member of Swire Properties Group;
(i) for communicating with you by email, mail, fax, phone or other means, including contacting you regarding your enquiries;
(j) for 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) for designing new and/or enhancing existing Services, activities, contests, lucky draws and/or other events (together, the “Activities”) relating to Swire Properties Group’s portfolio of properties or tenants in such portfolios of properties (“Merchants”), and/or administering any of the Activities conducted by Swire Properties Group (or on its/their behalf) or by the Merchants;
(l) for managing customer relationship and relationship with Swire Properties Group’s Merchants;
(m) for operating and administering any membership clubs or loyalty or reward programmes;
(n) for 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 Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”);
(o) for establishing legal claims or defences, obtaining legal advice, and/or exercising, defending and/or protecting the rights or properties of any member of Swire Properties Group, 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;
(p)for the use by any member of Swire Properties Group in connection with any of the above purposes and/or any of the Services that any member of Swire Properties Group may offer or supply to you from time to time;
(q) for handling and following up with your comments, suggestions, enquiries, requests and/or complaints to/against any Swire Properties Group companies;
(r) for conducting investigations, research and/or analysis with regards to incidents, activities and/or events occurred at Swire Properties Group’s portfolio of properties or Merchants; and/or
(s) for any other incidental or associated purposes relating to the above, or any other purposes as specified in a personal information collection statement when your Personal Data is being collected, 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 Data in ways which are unrelated to the above purposes (or purposes as specified in a personal information collection statement when we collect your Personal Data) without your prior consent.
4. Disclosure and Transfer of Personal Data
4.1. To facilitate the purposes mentioned under “3. Purposes for which your Personal Data are Collected and Used” Section, we may transfer, disclose, grant access to or share your Personal Data with third parties located within or outside Hong Kong, and your Personal Data may be transferred within or outside Hong Kong. These third parties may include the following:
(a) any member of Swire Properties Group;
(b) any agent, contractor or third-party service provider who provides administrative, marketing, research, distribution, data processing, telemarketing, telecommunications, computer, payment or other services to or support the operation of Swire Properties Group’s business (including its/their direct marketing activities);
(c) other business associates such as loyalty programme operators and other companies involved in providing customer service or fulfilling customer requests;
(d) credit reference agencies, credit, debit and/or charge card companies and/or banks;
(e) medical professionals, clinics, hospitals, insurers and/or loss adjustors;
(f) any person, government, regulatory or law enforcement authority or administrative organisation;
(g) any person under a duty of confidentiality to any member of Swire Properties Group (including auditors, accountants, legal advisers or other advisers);
(h) any actual or proposed assignee or purchaser of all or any part of the business and/or asset of Swire Properties Group; and/or
(i) charitable or non-profit marking organisations.
4.2. We may also share information or statistics with third parties in an aggregated or anonymised form that does not directly identify you (e.g. we may share aggregated information about your preferences and location with advertisers for marketing purposes).
4.3. The Personal Data you provide to us may also be sourced from or transferred to other jurisdictions outside Hong Kong for the purposes mentioned above.
5. Direct Marketing
5.1. In connection with direct marketing, we intend:
(a) to use your name, contact details, location data, customer profiling information (including information about your use of our website and activity on social media platforms, including your shopping preferences and online behaviour), services and products portfolio information, and transaction pattern and behaviour collected, compiled, generated or held by us from time to time (i) for marketing, research, questionnaires, promotional and customer relationship management purposes including sending you information relating to Swire Properties Group’s and/or its Merchant’s products, facilities, services, membership clubs, reward programmes (including joint collaborations with different brands), activities, contests, lucky draws, promotions, blogs, newsletters and/or events in the following categories: cultural, entertainment and sporting facilities and activities, commercial and residential properties, hotels, restaurants, spa, consumer goods, food and beverages, books and stationery, fashion and accessories, children’s goods, watches, jewellery and other luxurious goods, optical products, personal care, health and beauty products and services, home furnishing and appliances, florists, sports gear and products, electronic products and appliances, bank outlets and financial services, charity activities, motor vehicles and car parking facilities; and/or (ii) to promote or solicit donations or contributions for charitable or non-profit making causes including relief of poverty, advancement of education or religion, promotion of health, saving of lives, relief of victims of disaster or epidemic, relief of disabled persons, relief of those in need by reason of youth, age, gender, race, ill-health, financial hardship or other disadvantage, protection of animals, preservation or improvement of the environment or any other charitable purpose that is of benefit to the community, (together, “Classes of Marketing Subjects”); and
(b) to provide your name and contact details to (i) providers (whether within or outside Swire Properties Group) of any of the Classes of Marketing Subjects; (ii) Swire Properties Group’s Merchants and call centres; (iii) any member of Swire Properties Group; and/or (iv) marketing or research services providers, so that they can send you information in relation to the above Classes of Marketing Subjects. Information may be sent to you by email, mail, fax, phone or other means.
5.2. If we intend to use your Personal Data collected from you for direct marketing purposes, we will first obtain your consent (or an indication of no objection) before doing so.
5.3. If we intend to provide your Personal Data collected from you to third parties for their use in direct marketing, we will first obtain your consent (or an indication of no objection) before doing so.
5.4. If you agree to receive marketing communications but do not wish to receive them in the future, you may opt out of receiving them at any time, free of charge, by the following applicable means:
(a) unsubscribing by following the “Reply To” instructions contained in the marketing text message;
(b) following the unsubscribe instructions or hyperlink in the email;
(c) following the unsubscribe instructions in the mobile application;
(d) notifying us that you no longer wish to receive marketing communications when receiving our marketing calls; or
(e) contacting us at the address stated in “11. Your Rights and Contacting Us” Section below to tell us that you no longer wish to receive marketing communication through any channel.
5.5. 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.
6. Our Commitment to Children’s Privacy
6.1. Protecting the privacy of children is our primary concern. Hence, generally, we will not knowingly collect or maintain Personal Data from persons who are under 16 years of age without prior consent from a parent or guardian.
6.2. Specifically, in the Chinese Mainland, we will not knowingly collect or maintain Personal Data from persons who are under 14 years of age without separate consent from a parent or guardian; and will only collect or maintain Personal Data from persons between 14 and 18 years of age if explicit consent has been obtained from such person or his/her parent or guardian.
7.2. 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. Or it 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.
7.3. Only the information that you provide, or the choices you make while visiting a website, can be stored in a cookie. For example, the site cannot determine your email name unless you choose to type it. Allowing a website to create a cookie does not give that or any other site access to the rest of your computer, and only the site that created the cookie can read it.
7.4. We may also collect information regarding your IP address, browser type, domain name and access time. This information is used for our own research purposes. As it is not linked to any personal information, it is separate from your Personal Data. In rare instances, IP addresses may be used to assist in deterring and/or preventing abusive or criminal activity on the website.
7.5. If you use the Wi-Fi available at our properties, we may collect your location data (if you have consented to this on your device). We may use your location data to keep track of your activity patterns and preferences in order to improve the level of service you receive. Your location data 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 marketing, we may provide you with targeted advertisements, content, features, deals and offers in relation to the Classes of Marketing Subjects.
7.6. If you interact with us on social media platforms (for example if you “Like” our Facebook Page or post on our timeline), we can interact with you and send you messages via these platforms. We will interact with you in accordance with the social media platform’s rules but we are not responsible for how the platform operators collect and handle your Personal Data. We are not responsible for what third parties post on our social media accounts.
8. Data Retention
Subject to any legal, statutory, regulatory or accounting requirements, the Personal Data you provide to us will be kept by us in the appropriate form only for as long as is necessary to fulfil the purposes mentioned above after which it will be destroyed.
9. Data Security
9.1. 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) to safeguard and secure the Personal Data we collect.
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.
9.2. Our websites have firewalls in place, which should protect the Personal Data collected from you against unauthorised or accidental access. However, complete confidentiality and security is not yet possible over the internet, and privacy cannot be assured in your communications to us. You are encouraged to protect against unauthorised access to your password and credit card details. Make sure you sign out from your account when finished particularly when using a shared computer.
10. Other Websites
10.1. In order to anticipate your needs, our websites may contain links to third party sites that are operated under different privacy practices.
10.2. All such websites are independent from our websites. We have no control over the contents of such other websites or their privacy policies or compliance with the law. You should therefore be fully aware the provision of such links do not constitute an endorsement, approval, or any form of association by or with Swire Properties Group. We have no control over Personal Data that is submitted to these other websites. You should remain alert when you leave our websites, and read the privacy statements of other websites.
11.Your Rights and Contacting Us
11.1. You are entitled to access or correct your Personal Data held by us. You may also:-
(a) request deletion or erasure of your Personal Data;
(b) object to the sharing of your Personal Data; and/or
(c) object to the profiling of your Personal Data.
11.2. Additional rights may be available to you depending on the location of your residence or of our operations. If you would like to exercise any of your rights or obtain a copy of any of your Personal Data, or if you believe that any of your Personal Data which we collect and maintain is inaccurate or would like to request for information regarding our policies and practices and the kinds of Personal Data held by us, please contact us at the following address:
Data Protection Officer
Swire Properties Limited
64/F, One Island East, Taikoo Place
18 Westlands Road, Quarry Bay
11.3. We will endeavour to use appropriate technical means to ensure that you can access, update and correct your Personal Data. In accessing, updating, correcting and/or deleting your Personal Data, we may ask you to authenticate your identity in order to protect the safety of your Personal Data.
11.4. 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 request set out above.
Chinese Mainland Appendix
(Last updated: 3 January 2022)
1.2. Unless defined otherwise in this Chinese Mainland Appendix, all capitalised terms herein shall have the same meaning as given to them in the General Terms.
2. Personal Information
In this Chinese Mainland Appendix, “Personal Information” means any type of information (recorded via electronic means or otherwise) associated with an identified or identifiable natural person, but excluding information after anonymisation handling. Personal Information may include Sensitive Personal Information (defined below).
4. Sensitive Personal Information
4.1. Certain Personal Information may be considered Sensitive Personal Information due to their particularity. “Sensitive Personal Information” or “Sensitive Personal Data” means Personal Information which, if leaked or used illegally, may easily cause harm to the dignity of natural persons, or cause harm to personal or property safety, including biometric information, religious belief, specific identity information, health and medical information, financial account information, individual location tracking information and Personal Information of minors under the age of fourteen (14).
4.2. For providing our Services to you, processing your payment and conducting analytics and profiling, we may collect the following Sensitive Personal Information from you: identity card number or other personally identifiable number, accommodation information; special needs or preferences and health condition; your credit or debit or other charge cards information on other electronic payment accounts (including but not limited to WeChat Wallet, Alipay account, Apple Pay etc.); your website and activity on social media platforms (including your preferences, transaction pattern and behaviour), details of your visits to our websites or mobile apps or social medial platforms collected through cookies or other tracking technologies including behavioural information, browser details, IP addresses, purchasing history, location information, your interests, personal preferences, comments and consumption habits.
4.4. You need to carefully consider whether your Sensitive Personal Information should be disclosed through our Services. It is necessary for you to provide us with such Sensitive Personal Information, so that we can provide certain Services to you. If you do not provide us with your separate consent, we may not be able to provide certain Services to you.
5. Age Limit
5.1. Our Services target those who are above the age of fourteen (14). If you have not reached fourteen (14) years of age, please ensure that you have obtained your guardian’s consent before providing us with your Personal Information.
5.2. We will not collect, use or otherwise process Personal Information of individuals who are under fourteen (14) years of age without separate consent from their parents or guardians.
6. Purposes and Use of Personal Information
6.1. Sections 2 and 3 of the General Terms shall also apply to this Chinese Mainland Appendix, and all references to “Personal Data” shall be replaced by “Personal Information”.
6.2. We shall not be required to obtain your consent to Process your Personal Information if any of the following situations applies:
(a) where the Processing of Personal Information is necessary for the conclusion or performance of a contract to which you are a contracting party, or where it is necessary to carry out human resources management according to lawfully formulated labour rules and lawfully concluded collective contracts;
(b) where it is necessary to perform a statutory responsibility or obligation, for example, 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 Chinese Mainland;
(c) if the Processing of Personal Information is necessary to respond to a public health emergency, or to protect the life, health or property safety of an individual in case of an emergency;
(d) where Personal Information is processed within a reasonable scope to carry out news reporting, public opinion supervision or any other activity for public interest purposes;
(e) where the Processing relates to Personal Information disclosed by you or otherwise already lawfully disclosed, within a reasonable scope in accordance with applicable laws; or
(f) if the Processing of Personal Information is directly related to:
(i) national security and national defence;
(ii) public safety, public health and major public interest; or
(iii) criminal investigations, criminal prosecutions, adjudication or enforcement of judgments, or other related matters.
6.3. Your Personal Information may be Processed in our headquarters in Hong Kong as well as in other countries, including the Chinese Mainland.
7. How We Share Your Information
7.2. Furthermore, we may transfer and/or disclose your Personal Information to third parties appointed by us who only Process your Personal Information on our behalf, including 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). You can contact us for information about the overseas parties to whom we provide personal information from Chinese Mainland.
7.3. Other than those stated in this “7. How We Share Your Information” Section and in the situations stated in Paragraph 6.2, we will not share your Personal Information with any other third parties, except that we may share data or statistics (which are not Personal Information) with third parties in aggregated or anonymised form.
7.5. With the continuous development of our business, we may engage in mergers, acquisitions, dissolution, liquidation, transfer of assets or similar transactions, and in such cases, (a) we shall inform you all such information that is required under applicable Chinese Mainland data protection laws; and (b) your Personal Information may be transferred to any actual assignee or purchaser of all or any part of our (and/or our Group Companies’) business and/or assets; and our service providers in these situations.
8. How We Retain, Store and Protect Your Personal Information
8.2. In order to ensure the correct use and to maintain the accuracy of Personal Information collected from you, as well as preventing unauthorised or accidental access, disclosure, alteration, loss or other use of Personal Information, we have implemented various internal management policies (including physical, electronic and management measures) and various security technologies and procedures based on the classification of Personal Information we collect from you. For example:
(a) where we collect Personal Information online, we use an industry standard for encryption over the Internet known as Secure Socket Layer (SSL) protocol to protect Personal Information;
(b) our websites have firewalls in place, which should protect Personal Information collected from you against unauthorised or accidental access;
(c) where required under applicable Chinese Mainland data protection laws and regulations, we will encrypt and/or de-identify your Personal Information;
(d) your Personal Information will only be accessed by our personnel on a “need-to-know” basis;
(e) we ensure that our personnel are regularly trained on data protection matters; and
(f) in order to mitigate any potential risks of unauthorised Processing of your Personal Information, we maintain a security incident response plan. Where required by applicable Chinese Mainland regulations, we will also seek to inform you and the relevant authorities of any incidents concerning the Personal Information we Process on your behalf.
8.3. 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.
8.4. To the extent required under applicable Chinese Mainland laws, we will be responsible for the Personal Information security incidents.
9. How Do You Exercise Your Data Subject Rights
9.1. You (or your next of kin or you acting on behalf of your minors, as permitted by applicable Chinese Mainland data protection laws and regulations) are entitled to exercise the following data subject rights under the applicable Chinese Mainland data protection laws and regulations:
(a) access, copy, (where your Personal Information is inaccurate or incomplete) correct and/or supplement your Personal Information held by us;
(b) restrict or reject the Processing of your Personal Information held by us;
(c) request deletion or de-registration of your Personal Information which is held by us (where the purposes of Processing have been or cannot be fulfilled or are no longer necessary, where we cease to provide the Services or the retention period ends, where there is a breach of applicable law in our Processing or otherwise required by applicable law);
(d) withdraw your consent to us Processing your Personal Information;
(e) request us to transfer your Personal Information to another organisation, if such transfer is permitted by applicable laws; and
(f) explain our rules on Processing of your Personal Information.
9.2. If you wish to exercise any of the rights in Paragraph 9.1 above, please contact us as follows:
Contact person: Data Protection Officer
Address: Swire Properties Limited, 64/F, One Island East, Taikoo Place
18 Westland Road, Quarry Bay, Hong Kong
Email address: DPO@swireproperties.com
9.3. We will endeavour to use appropriate technical means to ensure that you can exercise the above data subject access rights through the use of our Services. In processing your requests relating to your data subject rights, we may ask for you to authenticate your identity in order to protect the safety of your Personal Information.
9.4. To the extent permitted by relevant laws and regulations, we reserve the right to (a) refuse unreasonable requests (for example, requests which infringe the privacy of others); and (b) charge a reasonable fee for the cost of processing any request set out in Paragraph 9.1 above.
Last Updated: 25/1/2022