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Personal Data Protection
XAVIOR takes its responsibilities in relation to protecting your Personal Data and compliance with Applicable Laws very seriously. We are committed to properly managing, protecting and processing your Personal Data in accordance with this Policy, which shall apply to all Personal Data we collect from you through our Platforms.
Please read and review this Policy, which will inform you how we collect, use, process and disclose your Personal Data. We may also collect and process your Personal Data under any exceptions to Applicable Laws, which are not set out in this Policy. We trust that it will assist you in making an informed decision whether to provide us with any of your Personal Data.
For the purposes of understanding XAVIORβs Personal Data Protection Policy ("Policy"), capitalised terms used in this Policy shall have the following meanings:
"Applicable Laws" means Hong Kong's Personal Data (Privacy) Ordinance (Cap. 486) and its subsidiary legislation and regulations as amended from time to time;
"Personal Data"Β means any data,
whether true or not, which is (a) about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as "personal data" or "personal information" under any Applicable Laws.
"Platforms" means collectively XAVIOR's Apps, Social Media and Website, and any other websites or applications which we may own or operate from time to time;
"Retail Goods and Services" means sales of goods or provision of services in relation to any of the following (whether through physical or online channels or in any other media now known or available in the future): food and beverages, restaurants, catering, groceries and household products, general merchandise, health and beauty, pharmaceutical products, fragrance and cosmetics, wine and liquor, cigarette and cigar, stationary, books and paper products, confectionary and toys, clothing, shoes, baby products, pets products, fashion accessories, bags and luggage, jewellery, watches, furniture, plants and accessories, sports and leisure equipment, phones and mobile devices, electronics and electrical appliances, computer software and games, fuel, tutoring, mentoring, home cleaning, janitor services, landscape and plant maintenance services, agricultural services, part time house keeping, plumbing services, locksmiths, barber and salon services, gym and fitness services, laundry services, florists, catering services, vehicle towing, and motor vehicle services, building maintenance, business information services, business support services, brokerage services, conference and exhibition management services, consultancy and marketing research services, supply chain management, event and project management services, gaming services, advertising and public relations services, media production services, recreational services, banking, lending, investment and financial services, debt collection agencies, trust services, valuation services, secretarial services, data storage and management services, courier services, shipping services, graphic and interior design services, legal services, medical and pharmaceutical services, therapists, accounting. auditing, bookkeeping and taxation services, engineering services, architectural services, surveying services, equipment rental services, hospitality services, insurance services, internet services, telecommunication services, testing services, photography services, printing and publishing services, property management services, real estate agencies and management, security services, home inspection services, storage and warehousing services, utility services, oil and gas distribution, remittance services, travel agencies and tourism services, airlines, boat, limousine, taxi, truck and other transportation services, hospitals and nursing homes, childcare services, funeral services, casino services, investigative services, retail solutions, retail services and wholesales
"Social Media"Β means XAVIOR's pages and accounts on third party social media platforms such as
Instagram, Facebook, Twitter, Pinterest and Google+'
"Website"Β means the XAVIOR website accessed at the following addressΒ https://www.xaviorsuite.comβ
During our relationship with you, we may collect Personal Data from you.
Examples of the types of Personal Data we may collect include your name, contact details, mailing and delivery addresses, email address, birthday, network and device data, your shopping or browsing behaviours, facial image, voice recording (for customer service calls) and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us. We will notify you when you must provide such Personal Data. Where it is mandatory to provide such Personal Data, please note that if you do not
provide such Personal Data to us, then we may not be able to provide our services to you. We may also request other Personal Data which is not marked as "mandatory" where it is entirely voluntary for you to provide such Personal Data (though please note that such personal data are used for the purpose of improving our understanding of our Platforms' and users and providing better products and/or services).
If you provide us with Personal Data relating to a third party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.
βBy (1) clicking "Yes" ("Accept to
Eat" as a gimmick) on our Policy pop-up or any web form referring to this
Policy on any of our online platforms,Β (2) submitting your Personal Data
to us when signing up for an account on the Website, (3) browsing our Website,
or (4) ordering any of our products and services, you are agreeing to the terms
of this Policy.
We may update this Policy to ensure that it is consistent with industry
trends and/or any changes in legal or regulatory requirements. You agree to be
bound by the prevailing terms of the Policy as updated from time to time. We
will endeavour to notify you by email or by notice on the Website of any material
changes to the Policy.
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HOW DO WE COLLECT YOUR PERSONAL DATA?
We collect Personal Data from you when:
1. You register an account on the Website or the Apps;
2. You use any of our related services, such as subscribing to our
newsletter, product notifications;
3. You browse our products and services or otherwise interact with our
Website and Apps;
4. You accept our cookies on your device;
5. You interact with our customer experience team or other representatives,
for example, via our webform, emails, telephone calls, letters, or face-to-face
meetings;
6. You interact with us on our Social Media, such as liking our posts,
commenting on our posts, private messaging us on our Social Media;
7. You participate in our promotions, lucky draws, initiatives or any
request for additional Personal Data such as customer surveys;
8. We receive references from business partners and third parties, for
example, where they referred you to us to enjoy the benefits of a joint
promotion or collaboration or to redeem a voucher you purchased through them;
9. Your authorized representative submits your Personal Data to us for any
purpose reasonably authorized by you, for example, if such representative is
purchasing our product or service to be delivered to you or as a gift;
10. Our third-party analytics and other service providers provide your
Personal Data to us, which was collected and processed by them and disclosed to
us pursuant to their separate privacy policies; or
11. When you voluntarily submit your Personal Data to us for any reason.
βWe usually do not collect your credit card details, whether to process your
payment or for customer service purposes. Your credit card details are
collected, processed and stored directly by our third-party payment processors
pursuant to their terms of use and privacy policies. None of your credit card
details are stored with us. However, we may collect your bank account details
to process refunds.
Please also take note of our Cookies Policy below in respect of the data
collected and used by third-party cookies and trackers on our Website and Apps.
We may also collect your Personal Data in circumstances where such
collection does not require consent under Applicable Laws.
Please ensure that all Personal Data submitted to us is complete, accurate,
true and correct. Failure to do so may result in our inability to provide you
with the products and services you have requested.
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HOW WILL YOUR PERSONAL DATA BE USED?
We may use and disclose your Personal Data for purposes
necessary to provide you with our products as services, including to:
1. register and maintain your user account and verify your identity or age;
2. process your order for our products or services, process or collect your
payment for the order;
3. deliver or perform the products or services you purchased, including our
couriers calling or messaging you to obtain your delivery instructions;
4. process your returns or refunds in accordance with our Terms of Service;
5. provide you with support services and functions related to your user
account, such as saved items in cart, wish list, brand or product
notifications;
6. communicate with you in relation to (i) your queries, requests and
feedback, (ii) material changes to our Website or Apps Terms of Service, Policy
or other terms and conditions, and (iii) matters relating to the operation of
your account;
7. personalise and improve your customer experience when you visit the
Website and the Apps, for example by prioritizing products and services
appearing in your search results or feed;
8. monitor and enforce compliance with our Terms of Service, including
dispute resolution;
9. comply with (i) internal risk controls, (ii) the terms of our access to
payment processing, financial or banking services such as credit card disputes,
fraud, billing errors, or (iii) any applicable law; and
10. ensure our Website and Apps function properly and to improve their
performance, by carrying out activities such as debugging, statistical analyses
for optimizing our Website and Apps.
(collectively, the "Purposes")
βIn addition, we may use and disclose your Personal Data for the following
purposes, to:
1. send you marketing communications in relation to our Retail Goods and
Services (as applicable), any promotions in relation thereto, or the Platforms;
2. send you marketing communications in relation to the Retail Goods and
Services (as applicable) or promotions in relation thereto of business partners
who provide such Retails Goods and Services (as applicable), including
promotional mail together with your order;
3. deliver ads that are related to our Retail Goods and Services (as
applicable) which may be of interest to you on the Platforms or other websites,
apps or online platforms;
4. enable businesses to deliver ads that are related to their Retail Goods
and Services (as applicable) which may be of interest to you;
5. provide you with our add-on or premium services
6. invite you to our private customer events;
7. process your participation in our promotions, lucky draws, initiatives or
any request for additional Personal Data such as customer surveys;
8. process your participation in our business partners' loyalty or point
redemption programs;
9. conduct market and customer research, analysis or tracking;
10. promote our products and services on our Platforms;
11. manage the administrative and business operations of XAVIOR and comply
with internal policies and procedures;
12. improve your customer experience across all touchpoints and train our
customer experience team, such as by recording and
monitoring phone calls; and
13. any specific purpose in relation to a particular product or service,
which we may separately notify you on the product or service page;
(collectively, the "Additional Purposes")β
We may also use your Personal Data (a) for other purposes which are
reasonably related to the Purposes and where we have obtained and maintain
related consent, the Additional Purposes; or (b) in circumstances where such
use does not require consent under Applicable Laws.
βNote: We cannot use your Personal Data to send you any marketing
communications without your consent. If you have given us your consent, you may
withdraw your consent in accordance with paragraph 6 (Request to Withdraw
Consent) below. If you withdraw your consent for us to use and process your
Personal Data the Purposes or the Additional Purposes (except relating to
sending you marketing communications), we may no longer be able to provide you
with the related products, services or benefits associated with our promotion.
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WHO WILL YOUR PERSONAL DATA BE SHARED WITH?
In relation to our use of your Personal Data for the Purposes or Additional
Purposes, we may disclose your Personal Data to our:
1. employees, consultants, temporary workers;
2. XAVIOR Marketplace sellers, who supply and deliver the products or
services you ordered through the Website or Apps;
3. payment processors, who process your payment on the Website and the Apps;
4. logistics providers, such as courier services which will deliver your
order to you;
5. business partners who separately maintain an account with you for loyalty
or point redemption programs
6. business partners or vendors in connection with the processing of any
promotion, event or service organised by us;
7. professional advisers and consultants who provide legal and other
advisory and consultancy services;
8. agents, contractors or service providers who provide operational services
to us, such as online cloud storage and processing, marketing optimization,
information technology, telecommunications, security or other relevant services
which require their collection, use or disclosure of your Personal Data; and
9. any other party to whom you authorize us to disclose your Personal Data
to.
We may also disclose your Personal Data (a) for other purposes which are
reasonably related to the Purposes and where we have obtained and maintain
related consent, the Additional Purposes; or (b) in circumstances where such
disclosure does not require consent under the Applicable Laws.
We do our best to minimise the disclosure of your Personal Data to the
information necessary to perform the related Purpose or Additional Purpose.
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HOW CAN I ACCESS OR CORRECT MY PERSONAL DATA?
You may access or correct your name, e-mail address, birthday, shipping and
billing addresses, contact numbers and other Personal Data by logging in to
your user account on the Website or Apps under "Account Information"
and clicking the "Edit" button under
each relevant field.
βFor Personal Data that cannot be corrected by you by logging in to your
user account on the Website or Apps, you may request to access and correct such
Personal Data by emailing our Data Protection Officer. We may need to request
additional information from you to confirm your identity before providing the
access or making the correction.
βWe will do our best to respond to Personal Data access and correction
requests within 30 days. Where we are unable to meet this timeline, we will
update you with the soonest possible time within which we can provide the
information or make the correction. Please note that certain types of Personal
Data access and correction requests may be exempt under Β Applicable Laws.
β Note that we may charge you a reasonable fee for the handling and
processing of your Personal Data access request.
βWe will send your corrected Personal Data to every other person or entity
to which such Personal Data was disclosed by XAVIOR within the year before the
date of the correction unless such person or entity does not need the corrected
Personal Data for any legal or business purpose or unless you and we agree that
Subject to obtaining your consent, we may send the corrected Personal Data
only to specific organisations to which the Personal Data was disclosed by us
within a year before the date the correction was made.
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REQUEST TO WITHDRAW PROCESSING
If you wish to withdraw your consent for us to send you sales, marketing or
promotional information, please inform us as follows:
to withdraw consent from receiving SMS promotions: please unsubscribe by following
the steps provided in the promotional SMS;
to withdraw consent from marketing or promotional emails: please click on
the unsubscribe link in the marketing or promotional emails or submit a written
request via email toΒ info@xaviorsuite.com;
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Note that, depending on the nature of the consent withdrawal, we may not be
able to continue to provide you with some or all of our products or services.
βOnce we receive notification that you wish to withdraw your consent for
receiving marketing or promotional materials or communications, it may take up
to thirty (30) days for your withdrawal to be reflected in our systems.
Therefore, you may still receive marketing or
promotional materials or communications during this period.
βIf you withdraw your consent to receive marketing or promotional materials
through a specific communication mode (e.g. SMS), we may still contact you for
other purposes in relation to the products and services via other communication
modes you have subscribed to (e.g. email).
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You may (a) withdraw your consent for the collection, use and/or disclosure
of any of your Personal Data or (b) make a request to delete your Personal Data
in our possession or under our control by submitting a written request via
email toΒ info@xaviorsuite.com.
We will process such a request within a reasonable time from receiving notice
from you of your withdrawal of consent and it may take up to thirty (30) days
for this to be reflected in our systems. Once this is complete, we will no
longer collect, use and/or disclose your Personal Data, except for compliance,
regulatory or other legal purposes.
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ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
We will make reasonable efforts to ensure Personal Data likely to be used by
us or disclosed by us to another organization is accurate and complete.
However, you should update us of any changes in your Personal Data. We will not
be responsible for relying on inaccurate or incomplete Personal Data if you
have not updated us of changes.
We will also put in place reasonable security arrangements to ensure that
your Personal Data is adequately protected and secured. This includes putting
in place reasonable measures to prevent any unauthorized or accidental access,
collection, use, disclosure, copying, modification, leakage, loss, damage,
erasure, or alteration of your Personal Data. However, we will not be
responsible for any unauthorized or accidental access, collection, use,
disclosure, copying, modification, leakage, loss, damage, erasure, or
alteration of Personal Data by third parties which is attributable to factors
beyond our control.
βWhen Personal Data in our possession is (i) no longer required for any
reason connected to the purpose it was originally collected or (ii) retention
by us is no longer necessary for any other legal or business purposes, we will
exercise measures to ensure such Personal Data is either destroyed or
anonymised.
βIf Personal Data is transferred out of Hong Kong, we will comply with
Applicable Laws in doing so. This includes: (i) obtaining your consent, unless an
exception exists under Applicable Laws or any other laws, and (ii) taking
reasonable steps to ascertain whether the foreign recipient of the Personal
Data is bound to comply with standards of protection that are at least comparable
to the Applicable Laws.
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THIRD-PARTY COOKIES
XAVIOR uses the services of third-party vendors, who may implement cookies
on the Website. Advertisements on the Website may be provided by third-party
agencies. These advertisements may also generate cookies, for example, to track
how many people have viewed the advertisement. The collection, use, and
disclosure of information, including Personal Data, collected by such third
party cookies are subject to the privacy and data
protection policies of the third-party vendors and are not under our control.
You may reject third-party cookies through the settings on your browser.
Note that this may result in the loss of Website functionality, restrict your
use of the Website, or delay or affect the way in which the Website operates.
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GOOGLE ANALYTICS
XAVIOR may use Google Analytics features based on Display Advertising,
including but not restricted to the following: Remarketing, Google Display
Network Impression Reporting, DoubleClick Campaign Manager Integration, and
Google Analytics Demographics and Interest Reporting. UsingΒ Google Ads
Settings, you can opt-out of Google Analytics for Display Advertising and
customize Google Display Network ads.
βXAVIOR also uses Remarketing with Google Analytics to advertise online;
third-party vendors, including Google, may show XAVIOR ads on sites across the
Internet. XAVIOR and third-party vendors, including Google, use first-party
cookies (such as the Google Analytics cookie) and third-party cookies (such as
the DoubleClick cookie) together to inform, optimize, and serve ads based on
visitor's past visits to XAVIOR, as well as report how ad impressions, other
uses of ad services, and interactions with these ad
impressions and ad services are related to visits to XAVIOR.
When you log on to the XAVIOR website, XAVIOR with the help of Google
Analytics may use your browsing behaviour to connect it with any other data
that has previously been provided by you, in accordance with this Policy.
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CONTACTING US
For any questions relating to your Personal Data or about this Policy, if
you have a complaint regarding the collection, use or handling of your Personal
Data by us, or a question about how we are complying with Applicable Laws, you
may contact our Data Protection Officer via email:Β info@xaviorsuite.com
Emails and letters should clearly state that you are making a data
protection query, request or complain in the subject line to ensure the matter
is dealt with expediently. We will strive to deal with any query, request or
complaint promptly and fairly.
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GOVERNING LAW
This Policy and your use of this Website shall be governed in all respects
by the laws of Hong Kong, and the parties hereto irrevocably submit to the
non-exclusive jurisdiction of the Hong Kong courts.
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UPDATES ON DATA PROTECTION POLICY
As part of our efforts to ensure that we properly manage, protect and
process your Personal Data, we will be reviewing our policies, procedures and
processes from time to time. In this regard, XAVIOR may update this Policy to
ensure that it is consistent with industry trends and any changes in legal or
regulatory requirements. We reserve the right to amend the terms of this Policy
at our absolute discretion.
Subject to your rights at law, you agree to be bound by the prevailing terms
of the Policy as updated from time to time on our website. Any amended Policy
will be posted on our website. By continuing to use our platforms and/or
services after the Policy has been amended, you hereby agree to be bound by the
terms of such amended Policy.
You are encouraged to visit the above Website from time to time to ensure
that you are well-informed of our latest policies in relation to Personal Data
protection.
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MISCELLANEOUS
Nothing in this Policy shall limit your rights under Applicable Laws.
The provisions of this Policy shall be severable, and if any provision, or
part-provision, of this Policy, shall be held or declared to be illegal,
invalid, or unenforceable, such illegality, invalidity, or unenforceability
shall not affect any other provision, or part-provision, of this Policy, and
the remainder of this Policy, disregarding such illegal, invalid or unenforceable
provision, or part-provision, shall continue in full force and effect as
through such illegal, invalid, or unenforceable provision, or part-provision,
had not been contained in this Policy.
This Policy will be in the English language and the Chinese language. In the
event of any inconsistency between the English version and the Chinese version,
the English version shall prevail.