(1) “We” or “us” refers to STW Innovation Company Limited of Room 510, 5/F Capitol Centre 5-19 Jardine's bazaar, Causeway Bay, Hong Kong. Unless otherwise defined, capitalized terms have the same meanings as defined in the terms and conditions regarding the use of the Website Platform which can be accessed at https://eur.stw.merchant.shaketowin.cn/legal/termsofuse.
(2) (the “Master T&C”) (and if you have also opted into the Vendor Program, also the terms and conditions regarding the use of the Vendor Program (the “Vendor Program T&C”)); and
(3) “Personal Information” refers to any data, information, or combination of data and information that is provided to us by you, provided by others or through your use of the Services or the Vendor Program (if applicable), that relates to an identified or identifiable natural person, where an identifiable natural person is one who can be identified, directly or indirectly.
This Policy sets out:-
(1) the Personal Information we collect about you when you visit the Website Platform operated and maintained by us or other websites or apps maintained by us relating to the Website Platform, or use any of the Services offered on the Website Platform (and use of the Vendor Program, if you have also opted into the Vendor Program);
(2) how we use, share, store, process, secure and safeguard the Personal Information provided by you to us; and
(3) how you may access and control the Personal Information provided to us and the other rights you have with respect to the Personal Information provided to us.
You consent to our use of your Personal Information under this Policy by using the Website Platform.
If you have any questions about this Policy, or require further information before agreeing to them, you should contact our data protection officer through the contact information as set out under Clause 9.
1 What information we collect about you
(b) if you have opted into the Vendor Program, the nature of the Products and the Selected Vendor Users’ business, including the location of the attractions, shops, restaurants or services operated by the Selected Vendor Users, and the offers (including price and restrictions of use, if any) and discount the Selected Vendor Users may offer to the purchasers under the Vendor Program, and the provision of the same is compulsory and necessary for us to provide the Products issued by you to the End-Users in accordance with the Vendor Program T&C;
(c) date of birth (if you are an individual Vendor User) when you register for a Vendor User Account by submitting the Online Registration Form to us for us to inform you of any applicable discount or to provide information on products or services that may be of interest to you from time to time, and the provision of the same is optional for the registration of your Vendor User Account;
(e) information provided by you through support channels when you report a problem to us or interact with our technology or service support teams, including any description of problem, username and user ID, the login credentials, contact information (including physical address(es), email address(es), telephone number(s), facsimile number(s)), any supporting documentation of the reported problems (including any screenshot of the Website Platform), which are only compulsory and necessary when you choose to report a problem to us, without which we may not be able to process the reported problem;
(f) content provided by you through use of the Services or the Vendor Program (if applicable), including any blog post, comment, discussion on forums, chat records, reviews posted or uploaded by you to the Website Platform, and the provision of the same is optional;
(i) payment information, including your payment card information (namely, type of payment card, name of cardholder, card number, expiry date and security code) and bank account information (namely, name of the bank, name of the account holder and bank account number), and the provision of the same is compulsory and necessary for you to register for a Vendor User Account and for us to (i) process any transaction, purchase or order placed by you and provide you with the Services; (ii) record the relevant transaction; and (iii)
collect any amount due from you in relation to your use of the Vendor Program, if applicable;
(j) information about your device or connection when you connect to the Website Platform, including your internet protocol (IP) address, log-in data, browser type and version, time-zone setting, browser plug-in types and versions, operating system and platform, advertising identifier and mobile application identifier, and other technology on the devices you use to access the Services or the Vendor Program (if applicable) and information we collect through cookies and other data collection technologies (please read our Cookies Policy for details) (collectively, “Technical Data”). The collection of the Technical Data is compulsory and necessary for us to (i) detect and deter unauthorized or fraudulent use of, or abuse of the Services or the Vendor Program (if applicable); and (ii) provide you with customized options, and to optimize the Services or your use of the Vendor Program (if applicable) for your device; and
(k) information about your use of or visit to the Website Platform, including your clickstream to, through, and from the Website Platform, the Services or products you viewed, used, or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods to browse away from the page (collectively, “Usage Data”). The collection of the Usage Data is compulsory and necessary for us to detect and deter unauthorized or fraudulent use of, or abuse of the Services or the Vendor Program (if applicable), to provide you with customized options, and to optimize the Service or your use of the Vendor Program (if applicable) for your device and for the improvement of the Services or the Vendor Program (if applicable).
1.2 We collect the information under Clause 1.1 when you provide it to us or when you use or visit the Website Platform. We may also receive information about you from other third party sources, including but not limited to:-
(a) our employees, agents, advisors, consultants and contractors based (including but not limited to) in Spain, Holland, Belgium, France, Italy, Ireland, the United Kingdom, Germany, Switzerland, the United States of America, Canada, in connection with our operations or provision of our products or services provided to you or the End-Users or the Vendor Program (if applicable), including circumstances where our employees process your order and payment, and provision of any supporting Services;
(b) other users (including but not limited to the End-Users) of our products or services, including reviews posted by the End-Users;
(c) our Affiliates or overseas offices that provide information technology services, system administrative services, and marketing service; and
(d) our business partners and service providers based in Spain, Holland, Belgium, France, Italy, Ireland, the United Kingdom, Germany, Switzerland, the United States of America, Canada, who provide technical, payment and delivery services, advertising networks, analytics, market research, and search information services.
1.3 We do not collect sensitive data or special category data about you, which includes Personal Information about your race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life or sexual orientation.
2 How we use information we collect
(a) to perform the obligation under the Master T&C or the Vendor Program T&C (if applicable) which we have entered into (or are about to enter into) with you, including operating the Website Platform, providing the Services to you in accordance with the Master T&C (or the Vendor Program in accordance with the Vendor Program T&C, if applicable) and providing personalised features of your Vendor User Account;
(b) to allow the End-Users to acquire the basic information of your products or services and make purchase from you via the Mobile Platform;
(c) to respond to and process your request to subscribe or purchase for the Additional Services and Ad hoc Services;
(d) to respond to and process your request to cancel or vary your subscription to any of the Services or the Vendor Program (if applicable);
(e) to enable us to provide you with our customer support, and to respond to your inquiries, complaints and claims effectively;
(f) to notify you of any other important information regarding the Services (including any change to the Fee Schedule and the fee of the Ad hoc Services, if necessary) or the Vendor Program (if applicable);
(g) to verify your identity, protect the safety and security of the Website Platform, detect and deter unauthorized or fraudulent use of, or abuse of the Services or the Vendor Program (if applicable) and to notify you in case any unauthorized use occurred in order to maintain the security or prevent unauthorized use of the Website Platform, the Services and the Vendor Program (if applicable);
(h) to publish your Personal Information as part of our testimonials or customer stories to promote our products or services to the End-Users;
(i) to conduct user survey;
(j) to aggregate anonymized statistical data regarding the products or services provided by us to you and the End-Users;
(k) to improve and/or optimize the products or services provided by us to you and the End-Users;
(l) to measure the effectiveness of advertisements that we place on the Website Platform, the Mobile Platform or the other media; and
(m) subject strictly to your express and specific consent in writing, for direct marketing purposes; and
(n) to comply with the Applicable Law.
2.2 Notwithstanding Clause 2.1, if we provide you with more specific purpose(s) of use of your Personal Information either at the time we ask you to provide your Personal Information or through other means, then such notice shall prevail over the general purposes of use as stated in Clause 2.1.
2.3 In principle, we obtain your consent before we process your Personal Information. However, we may handle your Personal Information when any of the following applies if permitted under the Applicable Law:-
(a) processing is necessary for our compliance with the legal obligations to which we are subject to (including but not limited to following any information disclosure orders imposed by any government body or competent Court);
(b) processing is necessary in order to protect vital interests of yours or of another individual;
(c) processing is necessary to investigate, prevent and take measures against illegal or suspected illegal acts; or
(d) processing is necessary for the legitimate interests pursued by us or by a third party, except where such interests are overridden by your privacy related rights, interests, and freedom (including improvement of operations or systems, prevention of fraud, maintenance of security and research performed by us).
2.4 If you have given us consent to use your Personal Information for a specific purpose, you have the right to withdraw your consent any time by contacting our data protection officer through contact information as set out under Clause 9. We will stop using your Personal Information for the specific purpose in respect of which the consent is withdrawn. Please however note that we are unable to undo any use of your Personal Information that has already taken place and may be unable to carry out some of the Services or obligations under the Master T&C or the Vendor Program T&C (if applicable) without your consent to use your Personal Information for certain purposes.
3 How we share information we collect
3.2 Third-party service providers will have access to your Personal Information only for the purpose of performing their services to us and in compliance with the Applicable Law. We require these third-party service providers to maintain confidentiality and security of all Personal Information that they process on our behalf and to implement and maintain reasonable security measures to protect the privacy, confidentiality and security of your Personal Information.
3.4 If you use any third-party software in connection with the Services or the Vendor Program (if applicable), for example any third-party software that the Website Platform integrate with, you might give such third-party software provider access to your account and relevant information. Policies and procedures of third-party software providers are not controlled by us, and this Policy does not cover how your Personal Information is collected or used by such third-party software provider. We encourage you to review the privacy policies of the third-party software providers before you use any third-party software in connection with the Website Platform, the Services or the Vendor Program (if applicable).
3.5 The Website Platform may contain links to third-party websites over which we have no control. If you follow a link to any of these websites or submit information to them, the Personal Information provided by you will be governed by their policies. We encourage you to review the privacy policies of third-party websites before you submit any Personal Information to them.
3.6 We may share your Personal Information with governmental bodies and law enforcement agencies to comply with the Applicable Law, including but not limited to circumstances when we respond to claims, legal processes, law enforcement, or national security requests.
3.7 If we are acquired by a third party as a result of a merger, acquisition, or business transfer, your Personal Information may be disclosed and/or transferred to a third party in connection with such transaction. We will notify you if such transaction takes place and inform you of any choices you may have regarding your Personal Information.
4 How we store and secure information we collect
4.1 We use data hosting service providers based in the People’s Republic of China and Germany (AliCloud Service) to host the Personal Information we collect from you.
4.2 In order to protect the privacy and the confidentiality of your Personal Information, we have implemented appropriate technical and organizational security standards to prevent unauthorized access, disclosure, misuse, alternation, or destruction of your Personal Information. We have adopted the following measures to protect the privacy, confidentiality and security of your Personal Information:-
(a) Your Personal Information collected will be encrypted using Secure Sockets Layer (SSL) technology;
(b) your Vendor User Account is password-protected, with the mandatory requirement that your passwords must be at least 8 characters long, with a combination of letters and numbers;
(c) access to your Personal Information is restricted to personnel or service providers on a strictly need-to-know basis, who will only process your Personal Information on our instructions and are subject to a duty of confidentiality; and
(d) our information collection, storage, and processing practices will be reviewed on a regular basis.
4.3 We have put in place procedures to deal with any suspected privacy breach and will notify you and any applicable governmental body or regulator of a breach where we are legally required to do so under the Applicable Law.
4.4 While we implement safeguards designed to protect your Personal Information, please note that no transmission of information or method of data storage on the internet is completely secured or impenetrable. We cannot guarantee that your Personal Information, during transmission through the internet or while being stored on our systems or processed by us, is absolutely safe and secured. To protect the privacy and confidentiality of your Personal Information, please do not share your password with others, or use the same passwords you use for other services, and to notify our data protection officer in the event you suspect any unauthorized use of your Vendor User Account or any other breach of security through the contact information as set out under Clause 9.
4.5 We retain your Personal Information while:-
(a) Your Vendor User Account remain opened; and
(b) for so long as it is reasonably necessary to fulfil the purposes of use described in this Policy; and
after such time, we will delete your Personal Information, or if this is not possible, we will securely store your Personal Information and isolate it from further use. We periodically review the basis and appropriateness of our data retention policy, provided however that we may retain your Personal Information following the closure or termination of your Vendor User Account if retention is reasonably necessary:-
(a) to comply with any Applicable Law, regulation or legal obligation;
(b) to provide and process customer support service;
(c) to resolve disputes between or with any user of the Platforms, for the duration of the applicable limitation period; or
(d) to detect and deter unauthorized or fraudulent use of, or abuse of, our products and services to the Vendor Users or End-Users.
5 How we transfer information internationally
5.1 We collect information globally and primarily store that information in the People’s Republic of China and Germany (AliCloud Service). We transfer, process, and store your Personal Information outside your country of residence where we or our service providers operate for the purpose of providing the Services to you or making available to you the Vendor Program (if applicable).
5.2 Some of the countries in which our Affiliates or service providers are located may not have the privacy and data protection laws which are substantially similar to, or serve the same purposes as the data protection laws in your country of residence or at the level that is required in your country of residence. Accordingly, when we share information with these Affiliates or service providers, we make use of contractual clauses, corporate rules, and other appropriate mechanisms to safeguard the transfer of information.
6 Your rights
(a) be informed of what we do with your Personal Information;
(b) verify whether we or any of our Affiliates holds any Personal Information of yours and to access any such information;
(c) request a copy of Personal Information of yours we hold;
(d) require us to correct any inaccuracy or error in any Personal Information of yours we hold;
(e) request erasure of your Personal Information (note, however, that we may not always be able to comply with your request of erasure for record keeping purposes, to complete transactions, to comply with our legal obligations or in the event where the retention of the same is necessary to fulfil the purposes of use described in this Policy);
(f) object to or restrict the processing by us of your Personal Information (including for marketing purposes), but by doing so we may be unable to carry out some of the Services or obligations under the Master T&C or the Vendor Program T&C (if applicable);
(g) request to receive some of your Personal Information in a structured, commonly used, and machine readable format, and request that we transfer such information to another party;
(h) withdraw your consent at any time where we are relying on consent to process your Personal Information, but this shall not affect the lawfulness of any processing carried out before you withdraw your consent and by doing so we may be unable to carry out some of the Services or obligations under the Master T&C or the Vendor Program T&C (if applicable); and
(i) ascertain our or any of our Affiliates’ policies and practices in relation to your Personal Information.
6.2 The Website Platform enables you to update certain Personal Information of yours, for example you may change your business or Personal Information by updating your user profile or changing your user settings.
6.3 In the event where you have given us your consent to use your Personal Information for direct marketing purposes, you may opt out from receiving marketing materials from us by using the unsubscribe link in our communications (if provided), by updating your preferences within your account on the Website Platform, or by contacting our data protection officer through the contact information under Clause 9. Please note, however, that even if you opt out from receiving any marketing material from us, you will continue to receive notifications or information from us that are necessary for your use of the Services or the Vendor Program (if applicable).
6.4 As a security measure, we may, from time to time, require you to provide specific information of yours to help us to verify your identity when processing your privacy requests or when you exercise your rights under this Policy.
6.5 Any request under Clause 6.1 will normally be processed free of charge. However, we may charge a reasonable administration fee if your request is unfounded, repetitive, or excessive.
6.6 We will do our best to respond promptly to any legitimate request and in any event within one (1) month of the later of the following:-
(a) Our receipt of your written request; or
(b) Our receipt of any further information which we may ask you to provide to enable us to comply with your request.
7 Changes to this policy
7.1 We may amend this Policy from time to time by posting the updated policy on the Website Platform. By continuing to use the Website Platform after the changes come into effect, you agree to be bound by the revised Policy.
8 Policy towards children
8.1 The Services or the Vendor Program (if applicable) are not directed nor intended to be used by individuals under the age of 16. We do not knowingly collect Personal Information from individuals under the age of 16. If we become aware that an individual under the age of 16 has provided us with the Personal Information, we will deactivate the relevant Vendor User Account and take reasonable measures to promptly delete such information from our records. Please contact our data protection officer through the contact information under Clause 9 if you believe that we have mistakenly or unintentionally collected any Personal Information from an individual under the age of 16.
9.1 Please contact us at emily.cheung@shaketowin
.net or submit any written request to:-
STW Innovation Company Limited
Room 510, 5/F Capitol Centre 5-19 Jardine's bazaar, Causeway Bay, Hong Kong,
Attention: Cheung Tak Yan
9.2 Please contact our data protection officer in the first instance if you have any questions or concerns regarding our use of your Personal Information collected. If you have unresolved concerns, you have the right to file a complaint with a data protection authority in the country where you live or work or where you feel your rights have been infringed.
Last updated: 27 September 2019
2 We use both persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to the Website Platform or a partner site that uses our services. Session cookies only last for as long as the session lasts (usually the current visit to a website or a browser session).
3 We use the following types of cookies:-
(a) Strictly necessary cookies - these are cookies that are required for the operation of the Website Platform. They include, for example, cookies that enable you to log into secured areas of the Website Platform and to maintain your session;
(b) Analytical or performance cookies - these allow us to recognise and count the number of visitors and to see how visitors move around the Website Platform when they are using it. This helps us to improve the way the Website Platform works, for example, by ensuring that users are easily finding what they are looking for; and
(c) Other cookies – these are for the convenience of the Vendor Users by remembering, for example, their usernames in a secured way as well as their preference setting, and accordingly Vendor Users do not need to fill out the same information each time they visit log into their Vendor User Accounts.
Last updated: 27 September 2019