Privacy Policy and Personal Information Collection Statement
Introduction
Epicurean Management Limited, from time to time, and its subsidiaries, (collectively “we”, “us”, “our”, the “Company”) respects your privacy and is committed to maintain your personal data in accordance with the requirements of the Personal Data (Privacy) Ordinance (the “Ordinance”) and to the extent applicable. We take all practicable steps to ensure the collection, transmission, storage and usage of your personal data complies with the Ordinance. In relation to personal data supplied to us through our website or any of our managed companies or restaurants—including but not limited to online reservation systems, social media, telephone communications, or other means, your use of our website or any service you registered for deemed to be your acceptance and consent to this Privacy Policy, which may be amended from time to time.
1. Important Information
i.PURPOSE OF THIS PRIVACY POLICY
ii. CONTACT DETAILS
iii. CHANGES TO PRIVACY POLICY
iv. THIRD-PARTY LINKS
This privacy policy aims to summarise how we collect, use, and disclose personal information from you when you use our website, web applications or and any services you registered for through our managed companies or restaurants.
It is important that you read this Privacy Policy in conjunction with other notices we provide so that you are fully aware of how and why we are collecting and using your personal data.
If you have any questions about this Privacy Policy or complaints on the collection and use of your personal information or wish to access or correct your personal information, please contact us at:
Company name: Epicurean Management Limited
Contact Us: [email protected]
The Policy may be amended from time to time to the extent permitted by any laws and regulations applicable in Hong Kong. Any changes made will be posted in this page. Where any changes to this Privacy Policy are material, we will notify you using the contact details you have provided us with and, where required by the Ordinance, give you the opportunity to opt out of these changes by means notified to you at that time.
Our web applications and our services may include links to third‐party websites, plug‐ins, and applications not controlled by us. We assume no responsibility for the act or practice relating to personal data of these third-party websites that a user is able to access through ours. When you link to third-party websites, our privacy policy or practices no longer apply. We encourage you to read the privacy policy of such third-party and if needed make appropriate enquiry before disclosing any personal data to such third-party.
2.The Data We Collect
i.PURPOSE OF COLLECTION AND USE OF PERSONAL DATA
- to process your reservations, applications, subscriptions and registrations for our products or services from us or any companies or restaurants managed by us;
- to provide you with our products and services and administer your account in relation to such products and services from us or any companies or restaurants managed by us;
- to conduct identity verification;
- to conduct research, statistical, marketing and technical analysis;
- to handle your complaints and enquiries;
- to enhance our products and services;
- to comply with applicable laws, rules and regulations;
- to enforce our legal rights;
- to carry out daily operation and administration;
- for marketing purposes;
- other purposes directly relating to any of the above.
ii.COLLECTION OF DATA
iii. IF YOU FAIL TO PROVIDE YOUR PERSONAL DATA
iv. ACCURACY OF PERSONAL DATA
v. USE OF PERSONAL DATA
- to process your reservations, applications, subscriptions and registration for our products and services from us or any companies or restaurants managed by us;
- to provide you with our products and services and administer your account in relation to such products and services from us or any companies or restaurants managed by us;
- to conduct identity verification;
- to conduct research, statistical, marketing and technical analysis;
- to handle your complaints and enquiries;
- to enhance our products and services;
- to comply with applicable laws, rules and regulations;
- to enforce our legal rights;
- to carry out daily operation and administration;
- for marketing purposes (subject to your consent, contacting you for direct marketing activities);
- other purposes directly relating to any of the above.
vi. DATA HANDLER
- cases in which the disclosure is required based on the applicable laws and/or regulations;
- cases in which the purpose of such disclosure is clearly in your interests, and if consent cannot be obtained in a timely way provided that we will, as soon as may be practicable, notify you of the disclosure and the purposes of the disclosure;
- cases in which there are reasonable grounds to believe that the health or safety of yourself or another individual will be seriously affected and consent for the disclosure of the data cannot be obtained in a timely way, provided that we will, as soon as may be practicable, notify you of the disclosure and the purposes of the disclosure;
- cases in which the disclosure is necessary for any investigation or proceedings.
From time to time we may collect your personal data including but not limited to your name, gender, address, telephone number, mobile number, email address and date of birth for the following purposes:
When you use our websites, web applications and service, provided by any companies or restaurants we manage, we may collect or obtain different types of personal data via different channels. Data collected may include personal and contact information (such as salutation, name, gender, marital status, month of birth, age range, company name, telephone number, email address, address, account profile, membership number, identification proof, document or numbers, social media account details, relevant log-in information which you use to access our services), payment information, technical data (such as MAC addresses and IP addresses), usage data, tracking data, marketing and communication data, in connection with our provision of products or services.
We may collect your data in various forms, such as, by way of websites, web application, online reservations system, forms, surveys, post, phone, email or otherwise. If you complete your personal data submission through any of the methods above, by ticking the checkbox in the agreement section or without indicating your objection, we shall take that you have given your consent for us or any companies or restaurants we manage to use your data for direct marketing. We may also collect technical data, browsing patterns and action via automated technologies. We may also receive data from third parties such as analytics providers, search engines, payment gateway providers, restaurant reservation providers.
The provision of personal data or any information is voluntary. In the event that you decline to provide the necessary personal data or information requested by us or provide inaccurate personal data or information to us, we may be unable to provide you with products or services, or unable to process your requests or applications or cancel your orders or requests. We will notify you if this is the case.
Application or subscription for our products or services may be subject to assessment and verification of your personal data. If we regard results of such checking is unsatisfactory, we will not enter into an agreement with you for provision of our products or services.
We will keep your personal data confidential at all times. We may use and retain the personal data or information provided by you for the following purposes and for other purposes as shall be agreed between you and us or required by law from time to time:
If express consent for collection, use, disclosure and processing of personal data for certain purposes is required by applicable laws and regulations, we will collect, use, disclose and process personal data upon obtaining express consent. However, to the extent permitted by applicable laws and regulations, you will be deemed to have consented to our collection, use, disclosure and processing of your personal data for certain purposes when you provide your personal data to us in accordance with this Privacy Policy.
In carrying out our operations, providing services or products to you or for the purposes outlined in this Privacy Policy or otherwise agreed between you and us, we may engage third parties (including any business partner, any affiliated companies, any agent, contractor or third party, which provides administrative, audit, data-processing, document management, technology, telecommunication, storage, payment or other services (including direct marketing services), any actual or potential assignee, transferee, participant or sub-participant of our rights or business, or any of our professional advisers), which may be based in Hong Kong or elsewhere, and may disclose or transfer your personal data to them under a duty of confidentiality to the same.
Your personal data may be disclosed to third parties without consent to the extent permitted by applicable laws in certain situations, including the following (which are not exhaustive):
In all other instances of disclosure of personal data to third parties with your express consent, we will endeavour to provide adequate supervision over the handling and administration of your personal data by such third parties, and to provide for adequate forms of protection over such personal data.
Where personal data is transferred by us to any third parties outside Hong Kong, we will ensure that such transfers are compliant with the requirements under the Ordinance or the applicable laws, as the case may be. In this regard, we will take such necessary measures to ensure that such overseas recipients are bound by legally enforceable obligations to ensure that these overseas recipients provide a standard of protection to the personal data so transferred that is comparable to the protection under the Ordinance, if required by law.
3. Marketing
We will endeavour to provide you with the best personalised experience, therefore, subject to your consent and where permitted by the applicable laws, we may use or provide to third parties (whether in Hong Kong or otherwise) your personal data for direct marketing purposes or for gain. You may withdraw your consent any time by writing to our personal data officer at [email protected]
Subject to your consent, you may receive marketing communications or materials from us or any companies or restaurants we manage if you have used our website or web applications, purchased products or services, or made reservations with us, and in each case, you have not opted out of receiving that marketing material.
4. Cookies
We may use cookies and other tools on our website. By using our website, you are agreeing to us storing cookies on your computer, mobile phones or other devices for providing a personalised browsing experience to you and enhancing IT security measures. You can set your browser to refuse all or some cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, some parts of our website may become inaccessible or may not function properly.
5. Data Security
The physical records and electronic records of your personal data will be stored in secured places (whether within or outside Hong Kong) with restricted access by us or those who we share your personal data with in accordance with this Privacy Policy or in our servers or servers of our agents or contractors as our data processors (whether within or outside Hong Kong) located in secured places and protected by appropriate IT security measures against loss, unauthorised access, use, modification or disclosure. We will limit the granting of access to your personal data to persons on a “need-to-know” and “need-to-use” basis. In any event, those who have been granted access to your personal data are subject to the same duty of confidentiality.
6. Data Retention Period
We will only retain your personal data or information for as long as necessary to fulfil the purposes stated in this Privacy Policy, for the purposes of satisfying any legal, statutory, regulatory or accounting requirements, or as otherwise specified at the time of collection. If you are a subscriber or a customer of our services, your personal data will be retained for a reasonable period after termination of your subscription for verification and audit purposes. In some circumstances after you cease being a customer or subscriber, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7. Data Transfer
Our affiliated companies – we may share your personal information with our affiliated companies for the above-mentioned purposes of collection.
We may hold your data on servers in Hong Kong and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or employees who may be located in or outside of the Hong Kong Special Administrative Region. In the event that company is sold or merges with another entity, some or all of your personal information may be transferred to that third party.
8. Your Rights
You may request to access and/or correct the personal data currently in our possession at any time by submitting your request to the person stated in section 1(ii) above.
For a request to access personal data, we will seek to provide you with the relevant personal data within 40 days upon receipt of such request. Where we are unable to respond to you within the said period, we will notify you of the reason why we are not able to do so, subject to the exemptions provided under the Ordinance or the applicable laws.
For a request to correct personal data, we will seek to correct your personal data (if any) within 40 days upon receipt of the request. Where we are unable to do so within the said period, we will notify you of the reason why we are not able to do so, subject to the exemptions provided under the Ordinance or the applicable laws. We will send the corrected personal data to such third parties to which the personal data was disclosed by us within a year before the date the correction was made, unless that we have reason to believe that the third party has ceased using the data for the purpose (including any directly related purpose) for which the data was disclosed to the third party. Notwithstanding the aforesaid, we may, if you so consent, send the corrected personal data only to specific third parties to which the personal data was disclosed by us within a year before the date the correction was made.
Depending on the nature of the work required to process your access request or correction request, we may charge you a reasonable fee for the handling and processing of your requests to access your personal data or to correct your personal data to recover administrative costs. Where such a fee is to be imposed, we will provide you with a written estimate of the fee for your consideration. We will only begin processing your access request or correction request upon receiving your agreement to the payment of the fee.
You may withdraw your consent for the collection, use, process and/or disclosure of your personal data in our possession or under our control at any time by submitting your request to our personal data officer at [email protected] Please note that we may require 20 business days to process your request and to give effect to the withdrawal, and will thereafter refrain from collecting, using, processing and/or disclosing your personal data in the manner stated in your request. However, if you choose to withdraw your consent, we may not be able to fulfil the purposes for which we require the personal data, including for us to contact you or to provide some or all of the products or services which you may need from us.
Privacy Terms
Epicurean Management Limited has a strong commitment to providing excellent service to all of our customers and visitors of our websites, including respecting your concerns about privacy in accordance with Hong Kong law and ordinances.
Your personal data which we have collected (including but not limited to your name, email address, telephone number and other types of personal data) is used by Epicurean Management Limited for the purpose of informing you of news, promotions, offers and events relating to food and beverages, and other goods and services provided within our group. Epicurean Management Limited will not share your personal data with third parties without your permission.
We will continue to send you marketing information on the above. However, if you do not wish to receive any further marketing information from us, you can opt out by sending us an email at [email protected] with the subject line UNSUBSCRIBE together with your full name and contact information. Once we receive an opt-out request from you, we will make sure that you will not be included in our future marketing promotions. Please also contact us should you wish to update your personal data or receive further information on Epicurean Management Limited’s personal data practices. Thank you for taking the time to read this email. Please do not hesitate to get in touch with us should you have any questions or privacy concerns.
This Statement was last updated on 1 November 2018, to describe the how the privacy statement applies to all of the information we obtain from you.
The definition of ‘cookies’…
Cookies are created by the websites you visit much like your laundry would create a claim check for you. You leave the laundry with your claim check and when you return, you pick up what you dropped off. Our cookies do not follow you from our website to other websites. They cannot gather information from your hard drive about who you are, where you live, how much money you make or what your credit card numbers are. If we, at some point, use cookies on the website, they will simply allow our website to recognize you when you return so that we can make your visit more personal and relevant to your interests. Cookies are stored in files your browser keeps and can be deleted by you at any time. If you don’t revisit a website for awhile, your browser may do the deleting for you. We may use cookies to understand which offers or invitations are meaningful to our visitors. If we are interested in more detailed information about you, we will always ask for it in an open way and will only share that information with your permission.
Terms of Use
Epicurean.com.hk and its sub-domains (hereinafter collectively referred to as the “Sites”) are powered by Epicurean Management Limited (EML) (hereinafter referred to as the “Company”). By using the Sites and any other site accessed through the Sites, users acknowledge and agree that the Privacy Policy and the terms and conditions (hereinafter referred to as the “T&C”) set out below are binding upon them. If user does not accept either or both of the Privacy Policy and the T&C, please do not use the Sites. The Company may revise the Privacy Policy and the T&C at any time without prior notice. Once posted on the Sites, the amended Privacy Policy and the T&C shall apply to all users. Users are advised to visit this page periodically to review the latest Privacy Policy and the T&C. User’s access to the Sites and the Services (as defined below) will be terminated upon his/her notice to the Company that any change is unacceptable; otherwise the continued use shall constitute acceptance of all changes and they shall be binding upon the user.
1. General Terms
i. The Company provides an online platform for individuals, companies and organizations to list the services or products related to food and beverage which they offer and provides online marketing and forums to users of the Sites (the “”Services””).
ii. The Company is not a party of nor is it involved in any actual transaction involving any user of the Sites.
iii. The Company is committed to protect the privacy of the users of the Sites. The Company uses the information of the users according to the terms as described in the Privacy Policy.
2. Prohibited Uses for all users
Users of the Sites agree not to use any of the Sites for any of the following purposes which are expressly prohibited: –
i. All users are prohibited from violating or attempting to violate the security of the Sites including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail. Violation of system or network security may result in civil or criminal liability.
ii. All users shall not use the Sites (1) for transmitting, distributing or storing material in violation of any applicable law or regulation; or (2) in any manner that will infringe the copyright, trademark, trade secrets or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others; or (3) in any manner that is libelous, obscene, threatening, abusive or hateful. In particular, all users shall not print, download, duplicate or otherwise copy any personally identifiable information about other uses (if any). All unsolicited communications of any type to users is strictly prohibited.
iii. Users shall not use the Sites if they do not have legal capacity to form legally binding contracts.
iv. Users shall not post any advertisement or materials on the Sites which contains any false, inaccurate, misleading or libelous content or contains any computer virus. Also, the advertisement shall not be fraudulent or involve sale of illegal products.
v. Users shall not engage in spamming, including but not limited to any form of emailing that is unsolicited.
3. Acceptable uses of the Sites
i. Specific uses – User posting advertisements or materials on the Sites (the “”Users””)
Users shall, subject to the terms and conditions set out below and in the Privacy Policy , be entitled to post any advertisements or other materials on the Sites.
The User agrees that he/she/it shall only use the Sites for lawful purposes. The Company reserves the right to edit any advertisement / materials as it sees appropriate.
In the event that the User is an individual, he/she shall not post his/her HK ID card or passport number on the advertisement or material listed on the Sites.
The User agrees and consents that the Company and/or its affiliates may use his/her personal data for purposes relating to the provision of services offered by the Company and marketing services and special events of the Company and its affiliates.
ii. Specific uses – User viewing the advertisements (the “”Viewer””)
Viewer agrees that any personal data received from the Sites or the Company shall only be used for the purpose of identifying and or locating advertisements or materials or any content therein. Any personal data which are irrelevant to the above purposes shall be disregarded. Viewer also agrees that any personal data collected from the Sites or the Company shall be promptly and properly deleted when the above purposes have lapsed or been achieved.
4. Content License
By posting content on the Sites, the User unconditionally grants the Company a non-exclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) he/she/it has in the content in order that the Company can host, display, promote, copy, download, forward, distribute, reproduce, sell and re-use the content in any form, and carry out the purposes set out in the Privacy Policy and herein.
5. Intellectual Property Rights
The text, images, layout, database, graphics, pictures, sounds or audio formats, software, brands and all other materials on the Sites are the intellectual properties of the Company or the Users (as the case may be) which are protected by copyright and trademark laws and may not be downloaded or otherwise duplicated without the express written permission of the Company. Re-use of any of the foregoing is strictly prohibited and the Company reserves all rights.
6. Contents
Users acknowledge that the Company does not pre-screen or approve any content posted on the Sites or any content sent through the Sites. In any event, the Company takes no responsibility whatsoever for the content on the Sites or any content sent through the Sites, or for any content lost and does not make any representations or warranties regarding the content or accuracy of any material on the Sites.
Any material or details posted on the Sites by the User may be viewed by users of other web sites linked to the Sites and the Company is not responsible for any improper use by any user or third party from linked third party web sites of any data or materials posted on the Sites. All Users acknowledge and agree that they are solely responsible for the form, content and accuracy of any advertisement, web page or material contained therein placed by them. The Company is not responsible for the content of any third party web sites linked to the Sites and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party web sites.
The Company shall have the right to remove any advertisement or materials posted on the Sites at its sole discretion without any compensation or recourse to the Users. In the event if the Company decides to remove any paid advertisement for any reasons not relating to any breach of the provisions herein, the Company may, after deducting the fees charged for the period that the advertisement has been posted on the Sites, refund the remaining fees (if any) to the related User.
7. Responsibility
The Company may not monitor the Sites at all times but reserves the right to do so. The Company does not warrant that any advertisement or web page or materials will be viewed by any specific number of users or that it will be viewed by any specific user. The Company shall not in anyway be considered an agent of user with respect to any use of the Sites and shall not be responsible in any way for any direct or indirect damage or loss that may arise or result from the use of the Sites, for whatever reason made. WHILST ENDEAVOURING TO PROVIDE A QUALITY SERVICE TO USERS, THE COMPANY DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS. IF USE OF THE SITES OR THEIR CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA BY ANY USER, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITES AND THEIR CONTENTS ARE PROVIDED ON AN “”AS IS”” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY IN RESPECT OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENTS, SERVICES, TEXT, GRAPHICS AND LINKS OF THE SITES.
8. Own Risk
All USERS SHALL USE THE SITES AND ANY OTHER WEB SITES ACCESSED THROUGH IT, AT ENTIRELY THEIR OWN RISK. ALL Users are responsible for the consequences of their postings. The Company does not represent or guarantee the truthfulness, accuracy or reliability of any advertisement or materials posted by other Users or endorse any opinions expressed by Users. Any reliance by users on material posted by the Users will be at their own risk. The Company reserves the right to expel any user and prevent their further access to the Sites, at any time for breaching this Agreement or violating the law and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate in the Company’s sole discretion.
9. Links to Other Sites
The Sites may contain links to third party web sites. These are provided solely as a convenience to you and not in any way as an endorsement by the Company of the contents on such third-party web sites. If any user accesses any linked third party web sites, he/she does so entirely at their own risk.
10. Indemnity
All users agree to indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any claims, actions, demands, losses or damages arising from or resulting from their use of the Sites or their breach of the terms of this Agreement. The Company will provide prompt notice of any such claim, suit or proceedings to the relevant user.
11. Limitation of the Service
The Company shall have the right to limit the use of the Services, including the period of time that contents will be posted on the Sites, the size of the contents, email messages or any other contents which are transmitted by the Services. The Company reserves the right, in its sole discretion, to modify or remove any contents or materials posted on the Sites, for any reason, without giving any prior notice or reason to users. Users acknowledge that the Company shall not be liable to any party for any modification, suspension or discontinuance of the Service.
12. Termination of Service
The Company shall have the right to delete or deactivate any account, or block the email or IP address of any user, or terminate the access of users to the Services, and remove any content within the Services immediately without notice for any reason. The Company shall have no obligation to deliver any material or content posted on the Sites to any user at any time, both before or after cessation of the Services or upon removal of the related contents from the Sites.
13. Disclaimer
The Company does not have control over and does not guarantee the truth or accuracy of listings of any advertisement or materials on the Sites.
IN ANY EVENT, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES, CLAIMS OR DAMAGES SUFFERED BY ANY USER WHATSOEVER AND HOWSOEVER ARISING OR RESULTING FROM HIS/HER USE OR INABILITY TO USE THE SITES AND THEIR CONTENTS, INCLUDING NEGLIGENCE AND DISPUTES BETWEEN ANY PARTIES.
14. Limitation of Liability
Without prejudice to the above and subject to the applicable laws, the aggregate liability by the Company to any user for all claims arising from their use of the Services and the Sites shall be limited to the amount of HK$1,000.
15. Security Measures
The Company will use its reasonable endeavours to ensure that its officers, directors, employees, agents and/or contractors will exercise their prudence and due diligence in handling the personal data submitted by the Users, and the access to and processing of the personal data by such persons is on a “”need-to-know”” and “”need-to-use”” basis. The Company will use its reasonable endeavours to protect the personal data against any unauthorized or accidental access, processing or erasure of the personal data.
16. Governing Law and Jurisdiction
The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Sites shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“”Hong Kong””). Both users and the Company shall submit to the exclusive jurisdiction of the courts of Hong Kong.