3.1 Dearmay will/may collect, use, disclose and/or process your Personal Data for one or more of the following purposes or any other directly related purposes:
(a) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the site. Without limiting the generality of the foregoing, if you gain access to or sign in to the site, using your login credentials of a Social Networking site, or use any features of a Social Networking site such as its widgets, plug-ins and browser push notifications, made available to you on our site, it may result in information or your Personal Data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter). By your proceeding pursuant to above, you consent to such collection, use or disclosure of your Personal Data;
(b) monitoring, processing and/or tracking your use of the site in order to provide you with a seamless experience, facilitating or administering your use of the Site, and/or to assist us in improving your experience in using the site;
(c) assessing and processing your request for the purchase of and/or subscription to our products and/or services;
(d) registering you as a customer of Dearmay and/or to deal with, process and/or administer the account that you may open with us, including to facilitate your transactions or activities on the site, or your transactions or activities with us;
(e) administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on the site. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a purchase to be delivered to a third party recipient, you consent to us disclosing Personal Data that identifies you, to the said third party recipient (such as but not limited to your name). Further, you acknowledge and agree that delivery of your purchase could involve disclosure of certain Personal Data about you to bring about delivery of the same such as your name and contact details, which may be disclosed on the cover of the parcel, on an envelope or a delivery related document, as the case may be, which could be seen by third parties who view such parcel, envelope or said document;
(f) carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf including responding to your customer service enquiries and complaints; or responding to or dealing with your interactions with us;
(g) contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing your use of the site, your membership and/or account with us, your relationship with us or any transactions made by you with us. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain Personal Data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(h) providing services to you as our account holder, as our customer, as a member of our loyalty programs or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;
(i) sharing or disclosing (at our discretion) your suggestions, comments, feedback or content (including audio, video etc.) (collectively “Feedback”) that you provide through Social Networking Sites, to the site or to us, with other users of the site or with the public, for publicity and/or promotion purposes with a view to marketing or showcasing the business of Dearmay, and/or to acquiring customers, and/or for the purpose of providing the public with your Feedback which may be useful for the public’s purchasing decision or for the public’s information or otherwise. This includes us disclosing your name together with your Feedback. Without limiting the generality of the foregoing, in the above regard, your Feedback and name may/will be published or shared by us on public media platforms such as the newspaper, the Internet, in our (including our affiliates’) annual reports (if any) etc., and/or incorporated as part of Dearmay’s marketing collaterals/materials or corporate video to be disclosed to the public, and you hereby consent to the same. Do not provide us with Feedback if you do not wish for such Feedback to be disclosed to the public. If you wish to give us your Feedback without it being disclosed to the public, please separately email our Customer Service Support at contact.support@dearmay.com and head the subject of your email with the word “Confidential”;
(j) where you have provided your consent to us, whether such consent was obtained through the site, or otherwise, sharing your Beauty Profile Personal Data with or disclosing your Beauty Profile Personal Data to other users of the site or with/to the public, through the Site or any other media (whether print, online or otherwise) or communication platform as we so choose, at our discretion, such as but not limited to as part of Dearmay’s marketing collaterals/materials or corporate video. “Beauty Profile Personal Data” includes your name, skin type/ concerns, eye colour, hair colour and type and other information which you provide;
(k) carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations (whether Hong Kong or foreign country) applicable to us or our affiliates/associated companies, the requirements or guidelines of governmental authorities (whether Hong Kong or foreign country) which we determine are applicable to us or our affiliates/associated companies, and/or our risk management procedures that may be required by law (whether Hong Kong or foreign country) or that may have been put in place by us or our affiliates/associated companies;
(l) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with and/or investigating complaints;
(m) complying with or as required by any applicable law, court order, order of a regulatory body, governmental or regulatory requirements of any jurisdiction applicable to us or our affiliates/associated companies, including meeting the requirements to make disclosure under the requirements of any law binding on us or our affiliates/associated companies, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of Hong Kong or foreign country), with which we or our affiliates/associated companies are expected to comply;
(n) complying with or as required by any request or direction of any governmental authority (whether Hong Kong or foreign country) which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (including but not limited to Hong Kong Customs and Ministry of Health) (whether Hong Kong or foreign country). For the avoidance of doubt, this means that we may/will disclose your Personal Data to such parties upon their request or direction;
(o) conducting research (including customer research), surveys, market surveys, analysis and/or development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to the site, or improve any of our products or services. Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face to face interview survey, by way of email or postal mail;
(p) storing, hosting, backing up (whether for disaster recovery or otherwise) of your Personal Data, whether within or outside Hong Kong;
(q) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of Dearmay or that of its affiliates/related corporations;
(r) for marketing purpose and in this regard, we would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, contests, services and/or events(including those of third party organisations whom Dearmay may collaborate with as set out in paragraph 4.1 below) that Dearmay (including its affiliates/related corporations) or such third party organisations set out in paragraph 4.1 below may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future: (i) by way of postal mail, electronic transmission to your email address, push notifications, other forms of in-app/ site notifications or harnessing other technologies (such as geo-location technology) on your mobile device(s) or other technologies on your computers, and/or through other modes of communication that is not the 3 DNC Modes, in compliance with the Privacy Act. You may opt out of this or withdraw from this at any time by sending an email to our Customer Service Support.; and/or (ii) if you have separately expressly consented to one or more of the following 3 DNC Modes, by way of the 3 modes of communications of voice calls, text messages or faxes (the “3 DNC Modes”) to your telephone number, in compliance with the requirements of the Privacy Act. For the avoidance of doubt, this subparagraph is without prejudice to subparagraph (o) above for which you have hereby consented to us contacting you for a survey, which you may subsequently opt out of by sending our Customer Service Support notice;
(s) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves Dearmay as a participant or involves only a related corporation or affiliated company of Dearmay as a participant or involves Dearmay and/or any one or more of Dearmay related corporations or affiliated companies as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;
(t) to implement and maintain our information technology systems, including to store and process Personal Data in computer databases and servers located within and outside Hong Kong;
(u) anonymization of your Personal Data. In this regard, you acknowledge that Personal Data that has been anonymized to the extent that your identity could not be practicably revealed directly or indirectly is no longer Personal Data and the requirements of the Privacy Act would no longer apply to such anonymized data. In this connection, we will not attempt to re-identify any individuals from anonymised data or to use the information or any individuals even if re-identification is possible;
(v) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of Dearmay or of its affiliates/related corporations; and
(w) Dearmay’s reporting on business performance
The purposes set out in this paragraph 2.1 above shall be collectively referred to as the “Purposes”.
3.2 For the avoidance of doubt, you acknowledge and consent to Dearmay sharing anonymised information such as but not limited to in the following circumstances: (i) Aggregate information. We may share anonymised aggregate information about our customers with advertisers and marketing partners; (ii) Behavioural-based advertising. A third party may use technology to collect anonymised information about your use of Site so that they can provide advertising about products and services tailored to your interest. That advertising may appear either when you are using the Site, or using the Internet or your mobile device to visit other websites.