Privacy Policy
Thank you for visiting https://www.kwaifunghin.com and https://kwaifunghinshop.com/ (“Our Site” or “Our Site”).
1. Introduction
1.1 This Privacy Policy supplements our Terms and Conditions.
1.2 In the course of your use of Our Site, you may be asked to provide certain personal information to us. This Privacy Policy (which includes any subsequent updates and alterations) describes how we collect, store, and use your personal information gathered on Our Site. We will not collect, use, sell, share, or rent this personal information to others in ways different from what is disclosed in this Privacy Policy.
1.3 Kwai Fung Culture & Communications Company Limited, trading as Kwai Fung Hin Art Gallery (“we”, “our”, “us”) respect the privacy rights of visitors to Our Site and of individuals who participate in, access or sign up to any of our services, activities or content, including without limitation the merchandise offered for sale on behalf of a third-party seller(s) for whom we act as agent and the offering of any tickets for events/educational courses (collectively referred to as "Services"). We endeavor to ensure that all our collection, transmission, storage and usage of personal data is carried out in compliance with the Personal Data (Privacy) Ordinance (the "PDPO"), Cap 486 of the laws of the Hong Kong Special Administrative Region (“Hong Kong”). By providing your personal data to us, you are consenting to this Privacy Policy.
1.4 The term "personal data" shall have the meaning ascribed to it by the PDPO. This Privacy Policy is governed by the laws in force in Hong Kong.
2. Purpose of Collection and Use of Personal Data
2.1 You need not supply any personal data in order to access Our Site. When you participate in, access or sign up to any of the Services, personal data is collected from you to enable us to provide you with the Services. You may decline to provide us with the requested personal data, but in such case we may not be able to provide the Services to you. By submitting your personal data you consent to the use of that data as set out in this Privacy Policy.
2.2 Personal data collected from you may be used by us for, without limitation:
a) identifying you and any accounts you register with us;
b) enabling the provision of the Services to you including the placing of orders on Our Site, completing transactions with you on Our Site and joining our mailing list;
c) conducting identity verification and/or credit checks;
d) determining and verifying your eligibility for discounts and promotions on merchandise;
e) processing of payment instructions or collection of amounts outstanding from you in relation to the provision of the Services;
f) order processing, billing and fulfilment;
g) enabling us to store your personal data so you do not have to re-enter it each time you purchase a merchandise;
h) direct marketing of the Services (see Section 7 below);
i) designing services for you;
j) conducting research, statistical analysis and behavioral analysis;
k) conducting program viewership survey and analysis;
l) customer profiling and analysing your purchasing preferences;
m) making suggestions and recommendations to you and other users of our Services or goods and services that may interest you or them;
n) customising Our Site and its content to your particular preferences;
o) provisioning of customer services such as responding to your enquiry and advising you of updates and news;
p) handling your complaints and account enquiries, and handling any claim, action and/or proceedings against us or any party;
q) fraud prevention and detection;
r) auditing purposes;
s) making such disclosures as required by applicable laws, rules and regulations; and
t) any other purposes directly related to the purpose for which the personal data were originally collected.
3. Types of Personal Data Collected
3.1 Types of personal data collected by us may include, without limitation:
a) Your personal information and contact information such as your name, telephone number, email address, photo identification, residential address, mailing address, and billing address;
b) Your business information such as company name and business title;
c) Your account details such as credit card number(s) and expiry date(s), and user accounts;
d) Your payment transaction details with Shopify Inc and /or other third-party service providers who process payments for us including credit or debit card information. Such personal data will be transferred to Shopify Inc and /or other third-party service providers who process payments for us and your personal data will be used, processed and stored in accordance with the privacy policy of Shopify Inc and /or such other third-party service providers who process payments for us. Such privacy policy(ies) is/are outside our control. Please refer to Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy) other the privacy policy of such third party providers for more information; and
e) IP address, real-time geographic location data, browser settings, browsing records, and/or other Internet log information of your computer or mobile device.
3.2 We will not collect more information than is necessary to provide you with the services you have requested.
4. Confidentiality, Disclosure and Security of Personal Data
4.1 All personal data collected and held by us will be kept confidential, but where disclosure is necessary for us to comply with any statutory obligations or requirements, or for us to provide the Services to you or to carry out the original purpose, or a directly related purpose, for which the personal data were collected, those data may be provided to the following parties (whether within or outside Hong Kong):
a) Our associated companies, business partners, contractors, agents, sellers or suppliers of the merchandise, or other service operators, who are involved in the sales and marketing, administration or provision of the Services;
b) Any other person under a duty of confidentiality to us including a member of its group of companies, IT consultants, data processors, auditors, accountants, or lawyers, which has undertaken to keep such information confidential; and
c) Banks, financial institutions, insurance companies, credit card issuing companies or debt collection agencies.
d) Any questions, comments, suggestions or information other than personal data sent or posted to Our Site, or any part of the site by you will be considered as voluntarily provided to us on a non-confidential and non-proprietary basis. We reserve the right to use, reproduce, disclose, transmit, publish and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development and marketing of services and to meet user needs.
4.2 We may share non-personal data such as anonymised data and aggregated data relating to without limitation sales transactions, user traffic, logistics and warehouse performance publicly and with our partners including without limitation with existing and potential business partners, sellers or suppliers of the goods/services, start-up entrepreneurs and academics.
4.3 All reasonable efforts are made to ensure that any personal data held by us is stored in a secure and safe place.
4.4 All personal data which we collect is kept confidential to the best of our ability. You will appreciate however, that we cannot guarantee the security of transmission.
5. Transfer of Personal Data outside Hong Kong
If necessary, we may transfer the personal data to places outside the Hong Kong Special Administrative Region for carrying out the purposes, or the directly related purposes, for which the personal data were collected. All the transfer of those personal data will be carried out in compliance with the requirements of the PDPO.
6. Retention of Personal Data
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If your mobile number is used for account login, you shall ensure that timely update is made by logging in to your account at “Account Profile” when your mobile number is to be changed or returned to your mobile operator. This is important to ensure that your account information will not be accessed by a third party who may have acquired the right to use your discarded mobile number. You are solely responsible for securing your account in this particular way. We shall have no liability to you for any loss or damage in this regard.
6.2 Unless there is a mandatory legal requirement for us to keep your personal data for a specified period, we will only retain your personal data for as long as is necessary to fulfill the purpose for which the personal data were originally collected, for example, to fulfil the transactions you have requested or for other essential purposes (such as complying with our legal obligations and resolving disputes).
7. Direct Marketing
7.1 From time to time, we may use your personal data to send you news, offers, promotions and joint marketing offers and we require your consent for that purpose. We may contact you by email or through Our Site.
7.2 Your name, email address, telephone number, contact address, products and services portfolio information, transaction patterns and behaviours, browsing records and content viewing habits held by us may be used by us in direct marketing of the Services and the art-related merchandise offered by our business partners or the third-party seller(s) which may be of interest to you. We do not give your data to others for them to market to you directly.
7.3 If you prefer not to receive any direct marketing communications from us or our marketing partners, you can opt out at any time by [updating your preferences through your registered account or an unsubscribe link provided or] by contacting us at info@kwaifunghin.com. Upon receipt of your request, we shall cease to so use your personal data as soon as possible without charge to you.
8. Use of Cookies
8.1 A cookie is a small text file which is placed onto your computer (or other electronic device) when you access Our Site. We may use cookies on Our Site to:
a) recognise you whenever you visit this website;;
b) obtain information about your preferences, viewing and browsing behavior, online movements and use of the Internet;
c) keep track of the items stored in your shopping basket and take you through the checkout process;
d) carry out research and statistical analysis to help improve our Services and to help us better understand our visitor and customer requirements and interests;
e) target our marketing and advertising campaigns and those of our business partners more effectively by providing interest-based advertisements that are personalised to your interests;
f) make your online experience more efficient and enjoyable; and/or
g) enable tighter security.
8.2 The information we obtain from our use of cookies may not contain your personal data. Although we may obtain information about your computer or other electronic device such as IP address, browser settings, browsing records, and/or other Internet log information, this may not be able to identify you personally. To the extent that non-personal data is combined with personal data, we treat the combined data as personal data for the purposes of this Privacy Policy. In certain circumstances we may collect personal data about you, but only where you voluntarily provide it by completing an online form, or where you purchase goods from Our Site or use the Services.
8.3 If you want to disallow the use of cookies, you can do so on your own web browser. If you disable cookies, you acknowledge that you may not be able to use some of the functionality of Our Site.
9. Links and Disclaimer of Linked Sites
This Privacy Policy only applies to personal information collected on Our Site. Our Site may contain links to other sites and pages. By activating a link on Our Site, you leave Our Site and we do not exercise control over any personal data or any other information you give to any other entity after you have left Our Site. Access to and use of such other websites is at your own risk. We encourage you to read the terms and conditions and privacy policy of any third party website that you visit.
10. General
10.1 We will seek your consent if we seek to collect, use or disclose your personal information for purposes other than those to which you have consented unless otherwise required or permitted by law.
10.2 We reserve the right to charge you a reasonable fee for complying with a data access request as permitted by the PDPO.
10.3 We reserve the right to modify or supplement this Privacy Policy at any time. We keep this Privacy Policy under regular review and place updates on Our Site from time to time.
10.4 If you have any query in relation to our privacy policy or you wish to access or correct your personal data held by us, you may contact us by email at info@kwaifunghin.com.