Privacy Policy

Personal Information Collection Statement

General

Safeguarding your privacy is important to us. We are committed to maintaining your trust by protecting personal data or information (“Data”) that we collect and use.

This Privacy Statement (“Statement”) describes how we and our affiliated, subsidiaries, and associated companies (collectively "the Group", "we", "us" or "our") collect, use, and disclose your personal information in connection with any website, application, or other services that refer to or link to the Statement (collectively, our “Services”). Please read the Statement carefully before you use our Services. You should not use our Services if you are not comfortable with what is stated below, and your continued use of Services constitutes consent to the Statement and the use and sharing of your information as provided herein.

Protecting your privacy

We are dedicated to processing your Data in accordance with the required standards. This includes protecting your privacy and ensuring the security of your Data in compliance with, where applicable, the requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) (the “Ordinance”), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the “GDPR”), Personal Data Protection Act 2012 (No. 26 of 2012 of the Republic of Singapore), Personal Data Protection Act 2010 (Act 709 of the Laws of Malaysia), 《中华人民共和国网络安全法》,《电信和互联网用户个人信息保护规定》and other relevant regulations where applicable.

Before using and providing your Data for the purposes as set out in this Privacy Policy Statement, we may be required by law to obtain your written consent, and in such cases, only after having obtained such written consent, may we use your Data in the manner as specified. If you are a minor or under 16 years old or a person who are mentally incapable, you must obtain express consent from your parents or guardian before providing any personal data to us. If you do not accept the following terms of this policy, please stop accessing, browsing or using this website/our e-services.

 

Personal information we Collect

We may collect, use and hold a range of different Data about you. For the purposes of carrying on our business (including the verification of your identity to detect, prevent and address fraud, security or technical issues, the registration, activation and management of your account with us, and the billing and charging of our products and services (if applicable) (collectively, “Service(s)”)) and complying with laws, rules, guidelines, regulations and/or requests issued by applicable government authorities, courts, law enforcement or other authorities or regulatory bodies, you may be requested to provide Data such as, but not limited to:

(a)        the name, birth month and date and other details documented on your Hong Kong Identity Card (including first four alphanumeric characters) or other legal identity card and/or travel document;

(b)        contact details including but not limited to name, address, phone number, mobile telephone number, email address and/or WeChat ID, etc.;

(c)        payment details including but not limited to credit card, debit card, other electronic banking Data, authorization number, security code, billing address, delivery address and expiry date;

(d)        customer service information including but not limited to customer service inquiries, comments and repair history;

(e)        purchase and transaction information (if applicable);

(f)         device specific information such as hardware model, operating system, version, unique device identifier, serial numbers, setting configurations and software and mobile network configuration (if applicable);

(g)        information about how you use our Services such as your network usage, how you use our network, and your location when you are using our Services;

(h)        your credit and service history to enable us to assess your eligibility to our offers of Services or to accommodate your request for transfer of Services or your account with us;

(i)         all Data requested by applicable government authorities, courts, law enforcement or other authorities or regulatory bodies to enable us to comply with or in connection with any law, rule, regulation, judgment or court order (whether within or outside of Hong Kong); and

(j)         any other Data as may be required by any members of the Group and/or their respective contractors, sub-contractors, intermediaries, agents, business partners or representatives, brokers, underwriters from time to time and which is necessary for the provision of the Services.

(k)        In some instances, where required by law to do so, we may seek your consent to process the following types of “Special Data” to us so that we may further improve our Services and/or better tailor the type of information or content that we present to you:

(i)                 age;

(ii)               gender and ethnicity;

(iii)             marital status;

(iv)              Month and Date of birth;

(v)                education and profession;

(vi)              monthly income range; and

(vii)            contact details, etc.

Provision of the Special Data mentioned immediately above is optional although, where the requested Service is a personalised Service or provision of a product is dependent upon your provision of all requested Data, failure to provide the requested Data may prevent us from providing those particular Services to you.

 

How we collect Data

We collect Data in a number of ways, including, among other things, from:

(a)        you directly, for example, when you provide Data by phone or via email, attend our functions, complete an application form or agreement for one of our Services, or when you submit your Data through our websites or WeChat; or when you contact us with a query or request; or during the ordinary course of the continuation of our business relationship with you; or when we are legally required to do so;

(b)        third parties such as related entities, business partners, or other customers, or your representatives with appropriate consent from you;

(c)        publicly available sources;

(d)        our own records of how you use our Services;

(e)        your visits on our websites (see “Privacy Data” section below); and/or

(f)         your participation in surveys or marketing promotions organised by us or on our behalf, etc.

As stated above, in order to enroll as a member or use any of our Services, you will be requested to provide us with your name, telephone number, email address, postal address, and where applicable company or organization name. We collect billing and payment information you provide when you apply for using our Services or purchase products and services. If you do not provide us with the requested information, we may be unable to deliver you the Services in full.

To the extent that you disclose to us any personal information of another individual, we assume that you have obtained such individual’s consent to disclosure of such personal information as well as the processing of the same in accordance with the terms of this Statement.

 

Information about your device(s) and your use of the services

We collect information about how you use our Services and, depending on the access permissions you have chosen for your device, other information, as specified below, from and about the computers, phones, and other devices where you install or access our Services. We use standard internet technologies, such as cookies and web beacons, to collect information about your computer or device and your online activity.

The information we collect in this respect is:

(a)    your browser type and operating system;

(b)    IP address and device identifiers;

(c)    your browsing behavior on our Services, such as the amount of time spent viewing our online Services and the links you click within our online Services; and

(d)    whether you have opened or forwarded our e-mails or connected to offers or links that we send you.

If you use our internet connection, networks, telecommunications systems or information processing systems, your activity and any files or messages on those systems may also be monitored by us at any time, in accordance with applicable law, for purposes of an investigation or to ensure compliance with company policies.

 

Use of personal information

We use the personal information that we collect as necessary and appropriate for the following purposes:

(a)        to verify your identity;

(b)        to process your application of our membership program;

(c)        to administer your membership;

(d)        to manage and fulfil purchase orders, facilitate delivery and to provide after-sale services;

(e)        manage our accounts and records;

(f)         send service related communications, including announcements and administrative messages such as order confirmation;

(g)        undertake credit checking, prevention of fraud and other prohibited or illegal activities as part of our efforts to keep our platforms and services secure;

(h)        to carry out matching procedures, as defined under the Ordinance;

(i)         to verify your eligibility to our offers and/or promotions or other events;

(j)         to provide, activate and/or renew Services and/or membership program;

(k)        to provide you with promotional benefits, updates, offers and invitation to events;

(l)         to promote and market our Services to you;

(m)      to provide suitable advertisement and website contents to you;

(n)        to provide suitable products or services to you;

(o)        to tailor our products or services to your preferences;

(p)        to provide anonymous report and to send member notice to us or our clients;

(q)        to respond to complaints or compliments received;

(r)         to conduct credit checks and detect fraudulent activities in compliance with the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) or any other relevant regulations and in relation to other compliance purposes;

(s)         to perform research or analyses so that we may improve and optimise the Services that can be made available to you;

(t)         to conduct surveys and marketing, promotional, behavioural scoring for business operations and/or planning purposes;

(u)        to carry out market and product analyses in order to generate statistical or actuarial reports (containing aggregated data that does not relate to any identified or identifiable individual);

(v)        to contact you regarding administrative notices and communications relevant to your use of our websites and membership program and to respond to your request. We may also use your information to match user information with third party data (i.e. to compare two sets of personal data collected for different purposes).  By registering for membership program, subscribing to our website or by logging-in, you consent to carry out this matching procedure when we deem it is necessary in order to provide our services;

(w)      to process any payment instructions, direct debit facilities and/or credit facilities in relation to our supply of Services to you;

(x)        to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;

(y)        to maintain, enhance and develop our products and service offerings;

(z)        to operate internal control, resolve disputes, troubleshoot problems and enforce our terms of use;

(aa)     to operate, evaluate and improve our business (including developing new products and services; enhancing and improving our services; managing our communications; analyzing our products and customer base; performing data analystics; and performing accounting, auditing and other internal functions);

(bb)    to comply with applicable laws in or outside Hong Kong as may be required by applicable government authorities, courts, law enforcement, or regulatory or investigation bodies, in relation to the supply of Services and/or loyalty programs to you, including to assist in the prevention, detection of crime or possible criminal activities; and

(cc)     to distribute our collection brochures and/or promotional materials as well as those of our business partners and counterparties.

 

Right of access

Accessing, Reviewing, and Updating Your Personal Information To the extent provided for under the applicable laws, you have the right to access your personal information and to update or correct any your personal information. In relation to the use of your personal data in direct marketing, we will only do so subject to your consent and you have the right to opt-out from such case. You may change your preference with regard to us of your personal data in direct marketing at any time by sending an email to info@thepulse.com.hk, or contacting us via the contact information provided in our direct marketing materials.

Your personal data collected and maintained by us may be transferred/ disclosed to the parties as listed below:

(a)        Our subsidiaries, associated companies and/ or business associations;

(b)        Our joint promotion business partners;

(c)         Banks or financial institutions;

(d)        Any person under a duty of confidentiality to us; and/or

(e)        Any person to whom we are required to make disclosure under any law, court order, direction, code or guideline applicable in or outside Hong Kong.

You may have rights to revoke consent you previously granted us with respect to processing personal information and to object to the use of your personal information for direct marketing or for other purposes that are not necessary for light of the nature of our legal relationship. Note that if you revoke your consent to such processing, we may be unable to provide you with certain aspects of the Services.

 

Cookies

When you browse our website, the internet provider will store your data. Such data may include IP address, operating system, web browser model, internet supplier and number of storage. Some of our websites use cookies or similar tracking tools on your machine or device in order for us to, for example, personalise your user experience and/or maintain your identity across multiple webpages and/or Internet sessions. This Data may include, but is not limited to, relevant login and authentication details as well as Data relating to your activities and the preference configurations on your device and across our websites. Our websites are initially set up to accept cookies. You can opt-out of or delete historical cookies by changing the settings on your web browsers; however, if you do so, you may find that certain features on our website and/or our app do not work properly. (Note: Disabling the cookies function may cause inaccessibility to some parts of our websites and thus you may not be able to enjoy our Services.)

Apart from that, as for any link or advertisement on our websites (if any), its owner may set or identify cookies on your browser. The use of cookies by third-party advertisers or advertising providers is not subject to this Privacy Policy, but their respective privacy policies.

 

Changes to Our Privacy Policy

We reserve the right to change our privacy policy. However, we shall not do so without posting those changes on our website. If at any point we decide to use personal data in a manner different from that stated at the time it was collected, we will notify by positing a prominent notice on our website.

Our legal basis for using your Data including how we disclose your Data

We have a legitimate interest in properly administering the Services. In addition, our use of your personal data may be necessary for the performance of the Services that you have requested. In order to provide the Services that you have requested, we may, to the extent permissible under applicable laws and regulations, disclose your Data to organisations or parties outside of the Group (which may be within or outside of Hong Kong) (collectively, “Organisations”). Your Data is disclosed to these Organisations for the strict purpose of enabling us to supply our Services to you but is not applicable to any Organisations which are not owned by the Group or of which its company policies are not controlled by the Group as well as any persons employed or managed by the Group.

In some circumstances as mentioned above, we may need to ask for your consent to use your Special Data where required by law to do so.

These Organisations provide support services to our businesses and operations including without limitation:

(a)        customer enquiries;

(b)        mailing operations;

(c)        billing and debt-recovery functions;

(d)        information technology services;

(e)        installation, maintenance and repair services;

(f)         marketing, advertising and telemarketing services;

(g)        market research;

(h)        customer usage and behavioural analysis;

(i)         process management;

(j)         surveys; and

(k)        website usage analysis, etc.

We take the required steps to ensure that these Organisations are bound by appropriate confidentiality and privacy obligations in relation to the protection of your Data and that they use your Data for the sole purpose of carrying out the services for which they have been engaged, and not for their own or other purposes (including direct marketing).

In addition, we may disclose your Data:

(a)        to your authorised representatives and/or your legal advisers when requested by you to do so;

(b)        for the purposes of providing administrative, payment, collection, business, legal and/or operational support, to the following parties:

(i)         telecommunications network operators;

(ii)       our affiliates, overseas offices, assignees, transferees and representatives;

(iii)     our professional advisers, including our accountants, auditors, lawyers and insurers;

(c)        to banks, hotels, insurance companies, billing agents and various business collaborators for reward redemption purposes and benefits applicable to members of our membership program;

(d)        to third party providers for the purposes of providing online and other payment services, handling credit checks and fraud prevention, and any other services required in order for us to use your information for the purposes specified in this Privacy Policy Statement;

(e)        to any third party that purchases, or to which we transfer, all or substantially all of our assets and business sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information is safe;

(f)         to government and regulatory authorities and other organisations, as required or authorised by law;

(g)        to any proposed or actual participant, assignee or transferee of all or any part of the relevant member of our operations or business; and/or

(h)        to charities or non-profit organisations, etc.

 

Privacy Policy Statement

We pledge to meet fully recognized standards of personal data privacy protection in complying with the requirements of the Personal Data (Privacy) Ordinance (PDPO). In doing so, we will ensure compliance by our staffs with the strictest standards of security and confidentiality. All information collected will be treated in strictly confidential and will not be sold, reused, rented, disclosed, or loaned

 

Transfer of Data outside Hong Kong

At times it may be necessary and/or prudent for us to transfer and/or store your Data to places outside of Hong Kong, for instance, for the prevention, detection or investigation of crime or for storage, processing and other purposes for which the Data were collected. In the event that we do transfer your Data outside of Hong Kong, we will do so in compliance with the prevailing requirements of the Ordinance, other relevant regulations and the GDPR where applicable.

 

Links

Our websites may contain links to other websites, webpages and mobile applications operated by third parties. We have no control over the content of the linked websites, webpages and mobile applications or the way in which the operators of those websites, webpages and mobile applications deal with your Data, and are not responsible for the content of such third party websites, webpages or mobile applications. You should review the privacy policy of such third party websites, webpages and mobile applications to understand the ways in which your Data may be used by those third parties.

 

Sensitive Data

Unless specially required or requested by us, please do not send or publish any personal sensitive data (e.g. contents in relations to race, political views, religious or other beliefs, health record, criminal record or chamber membership, etc.) to us or through our websites or social media platforms. If we specially required or requested your provision of sensitive data, we must obtain your prior express consent.

 

Data retention

We will take all reasonably practicable steps not to retain your personal data where it is no longer necessary for fulfilment of the purposes (including directly related purposes) referred to in this statement or as otherwise specified at the time of collection, unless any retention is required or permitted by law.

 

Your right to access, correct and delete Data

We take all reasonable precautions to ensure that the Data we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of that Data depends to a large extent on the Data you provide. You have a right to request access to, and correction of, your Data and we recommend that you:

(a) let us know if there are any errors in your Data; and

(b) keep us up-to-date with changes to your Data.

If you wish to access or amend any of your Data we hold, or request that we delete any of your information that is no longer necessary for the provision of our Services, you may contact us in the manner as set forth under the below section. You may exercise your right of access and correction by writing to our Data Protection Officer at the details stated in the below section below.

You may decline to share Data with us and/or withdraw any consents which you may have provided, in which case, we may not be able to provide you with some of our Services. At any time, you may object to us holding or processing your Data, on legitimate grounds, save and except as otherwise permitted by the applicable law. If you would like to exercise any of these rights, please send a request in writing to our customer services counter located at the pulse or at info@thepulse.com.hk,

This Statement is written in English and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of this Statement, the English version shall prevail.

 

We keep our privacy policy statement under regular review. This privacy policy statement was last updated in September 2018.