PRIVACY POLICY AND
PERSONAL INFORMATION COLLECTION STATEMENT

Last updated: May 11, 2022

1. PRIVACY POLICY STATEMENT

    Introduction – Purpose of this Privacy Policy
  • 1.1
    Welcome to Holy Cap Limited’s Privacy Policy and Personal Information Collection Statement (the “Statement”).
  • 1.2
    Holy Cap Limited (“we”, “us”, “our”) respects your privacy and is committed to protecting your personal data. This Statement aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service, or take part in a competition.
  • 1.3
    We keep this Statement under regular review. This version was last updated on the date set out above.
  • 1.4
    It is important that you read this Statement together with any other private policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Statement supplements other notices and privacy policies and is not intended to override them.
  • 1.5
    It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
    • The data we collect about you and how it will be used following collection
  • 1.6
    The types of personal data we collect and specific purposes for which it may be used are set out in our “Personal Information Collection Statement” in Part 2 below.
  • 1.7
    This website is not intended for children and we do not knowingly collect data relating to children.
    • How your personal data is collected
  • 1.8
    This website is not intended for children and we do not knowingly collect data relating to children.
    • a)
      Direct interactions: You may give us your Identity and Contact Data (as defined below) by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you (i) create an account on our website; (ii) purchase our products or services; (iii) subscribe to our service or publications; (iv) request marketing to be sent to you; (v) enter a competition, promotion or survey; or (vi) give us feedback or contact us.
    • b)
      Automated technologies or interactions: As you interact with our website, we will automatically collect Technical Data (as defined below) about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please refer to our cookie policy in Part 3 below for further details.
    • c)
      Third parties or publicly available sources: We will receive personal data about you from various third parties and public sources including (i) Technical Data from analytics providers, advertising networks and search information providers; (ii) Contact and Transaction Data (as defined below) from providers of technical, payment and delivery services; (iii) Identity and Contact Data from data brokers and aggregators; (iv) Identity and Contact Data from publicly available sources; and (v) Identity and Contact Data from publicly available sources such as the Companies Registry (the “CR”).
    • Retention of personal data
  • 1.9
    We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it form including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a long period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
  • 1.10
    To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
    • Data security
  • 1.11
    We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business and would need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
  • 1.12
    We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

2. PERSONAL INFORMATION COLLECTION STATEMENT

    The data we collect about you and how it will be used following collection
  • 2.1
    We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:-
    • a)
      “Identity Data” includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
    • b)
      “Contact Data” includes billing address, delivery address, email address and telephone numbers.
    • c)
      “Transaction Data” includes details about payments to and from you and other details of products and services you have purchased from us.
    • d)
      “Technical Data” includes internet protocol address (“IP address”), your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
    • e)
      “Profile Data” includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
    • f)
      “Usage Data”: includes information about how you use our website, products and services.
    • g)
      “Marketing and Communications Data” includes your preferences in receiving and marketing from us and our third parties and your communication preferences.
  • 2.2
    We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:-
    • a)
      where we need to perform the contract we are about to enter into or have entered into with you;
    • b)
      where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
    • c)
      where we need to comply with a legal obligation.
  • 2.3
    We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data:-
    Purpose Type of data Lawful basis for processing including basis of legitimate interest
    To register you as a new customer Identity; Contact Performance of a contract with you
    To register you as a new customer To process and deliver your order, including managing payments, fees and charges, and the collection and recovery of money owed to us Identity; Contact; Transaction; Marketing and Communications Performance of a contract with you; Necessary for our legitimate interests (to recover debts due to us)
    To manage our relationship with you which will include notifying you about changes to our terms or private policy, and asking you to leave a review or take a survey Identity; Contact; Profile; Marketing and Communications Performance of a contract with you; Necessary to comply with legal obligations; Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/ services)
    To enable you to partake in a prize draw, competition or complete a survey Identity; Contact; Profile; Usage; Marketing and Communications Performance of a contract with you; Necessary for our legitimate interests (to study how customers use our products/ services, to develop them and grow our business)
    To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data Identity; Contact; Technical Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise); Necessary to comply with a legal obligation
    To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you Identity; Contact; Profile; Usage; Marketing and Communications; Technical Necessary for our legitimate interests (to study how customers use our products/ services, to develop them, to grow our business and to inform our marketing strategy)
    To use data analytics to improve our website, products/ services, marketing, customer relationships and experiences Technical; Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
    To make suggestions and recommendations to you about goods and services that may be of interest to you Identity; Contact; Technical; Usage; Profile ; Marketing and Communications Necessary for our legitimate interests (to develop our products/ services and to grow our business)
    • Consequences of failure to supply personal data
  • 2.4
    Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods and services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
    • Possible transferees
  • 2.5
    Your personal data held by us will be kept confidential, but we may disclose and transfer your personal data to the following parties to use, disclose, process or retain your personal data for the purposes mentioned above:-
    • a)
      our agents and contractors (including IT, network, customer service, sales agents and contractors);
    • b)
      telecommunications operators and service providers for the provision of our services;
    • c)
      our affiliated companies and business partners;
    • d)
      banks, financial institutions and credit providers;
    • e)
      debt collection agencies, credit reference agencies and security agencies;
    • f)
      regulatory bodies, law enforcement agencies and courts; and
    • g)
      our professional advisers.
    • Marketing
  • 2.6
    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
  • 2.7
    We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (“marketing”). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
  • 2.8
    We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
  • 2.9
    You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase or other transactions.
    • Rights of access and correction
  • 2.10
    According to the Personal Data (Privacy) Ordinance (Cap. 486, the laws of Hong Kong), you have the right to ascertain whether we hold your personal data, to obtain a copy of the data and to correct any data that is incorrect. You may also request us to inform you of the type of personal data held by us.
  • 2.11
    Individuals who are in the European Union (the “EU”), may have the following additional rights:-
    • a)
      requesting for a copy of your personal data;
    • b)
      requesting that we correct your personal data if it is incorrect, or complete any incomplete information;
    • c)
      asking us to delete your personal data if it is no longer required for the purposes set out in our Statement provided that such data is not necessary for compliance with a legal obligation or defense of any legal claims;
    • d)
      right to data portability by requesting to receive your personal data in a commonly used and machine-readable format;
    • e)
      restrict how your personal data is to be used if (i) you contest the accuracy of your personal data; (ii) processing is unlawful and you oppose to the erasure of the personal data; or (iii) we no longer need the personal data for the purposes set out in our Statement but you oppose to the erasure of your personal data for the establishment, exercise or defence of legal claims;
    • f)
      object to our use of your personal data for direct marketing, including any related profiling to the extent that it is related to such direct marketing;
    • g)
      making a complaint to a data protection authority or another independent regulator about how we may be using your personal data.
    • Contact details
  • 2.12
    If you have any questions about this Statement or wish to exercise your rights, please contact our data privacy manager in the following ways:-

    Holy Cap Limited
    Flat 123,
    1 st Floor,
    Rita House,
    Leighton Road 123-125,
    Causeway Bay,
    Hong Kong.
    Attn: Data Privacy Manager

3. COOKIES

  • 3.1
    A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
  • 3.2
    We may use the following types of cookies on our website:-
    • a)
      Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, using a shopping cart or making use of e-billing services.
    • b)
      Analytical or performance cookies: These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
    • c)
      Functionality cookies: These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by your name and remember your preferences (for example, your choice of language or region).
    • d)
      Targeting cookies: These cookies record your visit to our website, the pages you have visited, the links you have followed, the content of your shopping cart and/or wishlist. We will use this information to make our website and the advertising displayed on it more relevant to your interests.
  • 3.3
    You may choose to accept or reject cookies. If you reject cookies, you may not be able to use some of the functions of our website, such as saving your preferences in using our website and accessing some online services on our website.