We at CTF Jewellery Academy Company Limited (operating under the name of Loupe)("Loupe") and our parent, subsidiary and/or affiliated companies within the Loupe group of companies (together the "Affiliates") value your personal data and privacy very highly. We know how important it is to protect your personal data. We pledge to comply with the requirements of all applicable personal data and privacy protection laws and regulations in relation to personal data protection.
Any reference in these terms to "we", "us" and "our" is a reference to Loupe and our Affiliates. Please read this Privacy Statement carefully to understand how we will handle your personal data.
Unless your express consent is required by applicable law, by providing us with your personal data (including by registering for membership of any of our customer or sales and marketing programmes owned, managed and/or controlled by us, registering to attend any of our events, participating in our interactive services or in any way communicating with us), you are accepting the terms of this Privacy Statement and consenting to our collection, retention, disclosure and use of your personal data, including transfer of your personal data overseas, as specified in this Privacy Statement. Further, we will only use and transfer your data for direct marketing purposes as specified in this Privacy Statement.
In the event of any discrepancy or inconsistency between the English and other local language versions of the Privacy Statement, the English version will prevail.
1.How do we collect personal data and what do we collect?
(i)Sources of personal data
The types of personal data that we collect will depend on the nature of your dealings with us. We may collect personal data from you by the following channels:
a.when you register for membership of any of our customer or sales and marketing programmes owned, managed and/or controlled by us;
b.when you register to use, or enter information into, any of our interactive services (for example, our blogs and forums);
c.when you register to attend any of our events, workshops or seminars;
d.when you purchase goods and services from us or use services or products offered by us;
e.when you correspond with us; and
f.when you use our website www.loupe.com.hk ("Corporate Website"), other websites operated by our Affiliates ("Affiliates Website" and, together with the Corporate Website, the "Website") or our official page on social media sites.
(ii)Types of personal data we collect
We may collect from you the following information which may contain personal data as defined under applicable data protection laws and regulations:
a.account registration information, including your name, gender, date and month of birth, age group, title, contact numbers (telephone, fax, mobile), postal address and email address;
b.billing information, transaction and credit card information (if you make a purchase from us);
c.shipping information (if you make a purchase from us);
d.records of correspondence between you and us; and
e.optional information about your marital status, occupation, personal monthly income, personal or professional interests, demographics, experiences with our products and services and contact preferences in order to provide you with further information about our products and services.
All information we collect about you may be combined with other information we hold about you.
Please take note that most of the goods and services, information, and sales and marketing materials provided on our Website or by other means are not directed towards minors as defined by applicable laws in your jurisdiction. If you are a minor under applicable laws in your jurisdiction, you must obtain the consent of your parent or guardian before providing us with any of your personal data.
2.How do we use personal data?
We collect, retain and use personal information about you for the following purposes:
a.to offer you with our products and services, including sending you marketing and promotional materials, event information and e-shopping items relating to our products and services;
b.to conduct joint promotion events including notifying you of sales and marketing offers and sending you sales and marketing materials relating to the promotional offers or events of our affiliated, associated, related, subsidiary companies and/or companies under the common control of our ultimate holding company ("Group Companies") and independent commercial entities (together with Group Companies, the "Business Partners"), which may be located outside your jurisdiction, in relation to the following products, services and/or businesses:
v.food & wine;
vi.entertainment, including cinemas, theme parks and karaokes;
ix.sportswear and apparel;
xix.ferry services; and
c.to process your application for membership under any of our programmes and maintaining and managing your membership;
d.to provide you with rewards, vouchers or services under any of our programmes;
e.to handle and follow up with customer service calls, enquiries and complaints;
f.to send you administrative notices and communications relevant to your use of our Website and to respond to your enquiry or request ;
g.to perform research or statistical analysis in order to improve our goods and services and for sales and marketing purposes;
h.to verify your identity and your eligibility to participate in our programmes;
i.to obtain statistics about users of our Website to analyse site usage in order to help its further development;
j.to provide you with a log-in ID for our Website; and
k.to make such disclosures as required by law.
You are not obliged to provide the personal data as may be required by us. However, we may not be able to provide you with our products and services or our Business Partners' information, sales and marketing materials if you do not provide us with the requested data.
3.Your receipt of marketing materials
As noted above, we may, from time to time, send you sales and marketing materials and information regarding our or our Business Partners' products and services as stated in paragraphs 2(a) & (b) based on your name and contact details that you have provided to us. However, we will not use your personal data unless we have received your consent. Suitable measures are implemented to make available to you the option to "opt-out" or "opt-in" as required by applicable law of receiving such sales and marketing materials at the time you provide us with your personal data.
Please note that you can object to such use of your personal data at any time. If you do not want us to retain your personal data for this purpose, you should do so by choosing the "opt-out" option in the relevant membership subscription or registration form, or by choosing to unsubscribe from any marketing email we have sent to you, or by emailing us at email@example.com, specifying that you wish to "opt-out".
4.Will your personal data be given to other persons?
We do not sell, rent or trade your personal data to or with third parties including our Business Partners. However, your personal data may be disclosed or transferred by us to the third parties described below:
a.third party suppliers of goods and services (whether in your jurisdiction or abroad) engaged by us to assist with providing you our services (including marketing analysis and research, data entry, management of our customer database, distribution of our sales and marketing materials, products rewards, vouchers and customer service) ("Third Party Service Providers"). Our Third Party Service Providers are under a duty of confidentiality and contractually bound to use your personal data in connection with the purposes specified at paragraph 2 above, and not for their own purposes (including direct marketing); and
b.for the purposes specified at paragraph 2 above, we may share with or transfer your personal data to the Business Partners, provided that the data user or the transferee are under a duty of confidentiality and contractually bound to use your personal data substantially in accordance with this Privacy Statement, otherwise, we will not transfer any data;
c.in the event of a company reorganisation, merger, acquisition, sale or transfer, your personal data will be transferred to such third parties and/ or transferees in such circumstances in order to continue to provide you the relevant services; and
d.competent court of law, law enforcement agencies and/or regulatory bodies for compliance with applicable laws and regulations and protection of our legal rights.
5.Retention of your personal data
We will not keep personal data longer than is legally permitted pursuant to applicable data protection laws and regulations. We will purge unnecessary personal data from our system in accordance with our internal procedures.
Protection of your personal data collected is a priority for us. We will always strive to ensure that your personal data will be protected against unauthorised access. We are based in Hong Kong. Your personal data may be accessed by us or transferred by us to and accessed by the third parties listed in paragraph 4, in Hong Kong or elsewhere in the world. Such personal data are only accessible by us or the personnel of the third parties listed in paragraph 4 for the purposes listed in paragraph 2, who will be instructed to observe confidentiality duty and the terms of this Privacy Statement when accessing such personal data. In relation to any transfer of personal data outside of your jurisdiction, if required by applicable law, we will also ensure that the recipient will protect your personal data with a standard of protection that is at least comparable to the protection under the laws of your jurisdiction.
Although we will do our best to take appropriate safety precautions, technical and organizational measures to protect and secure your personal data, the internet is not an absolutely safe environment. We strongly recommend that you do not send personal data using any methods other than those recommended by us, or that you set up complicated passwords when using various communication tools and pay attention to the protection of your personal data.
(i)Cookies and other technologies
(ii)Links to other websites
To provide you with more information, our Website may provide links to other websites. Your personal data may be collected on these other websites when you visit them or make use of their services. Where and when you decide to click on any advertisement or hyperlink on our Website which grants you access to another website, your personal data may be exposed in these other websites.
This Privacy Statement is only applicable to our Website and we are not responsible for the third party websites or for any personal data you submit to such other websites via our Website. Please ensure that you read the privacy policies of such other websites.
8.Data access and correction
You have the right to, at any time, request access to, make a copy of, and request us to make correction of, or demand the cessation of the continued collection, processing, and use, or to delete your personal data stored in our records. To exercise your rights, please email us at firstname.lastname@example.org.
In the event that you wish to exercise your right as set out above, we may request you to provide personal details in order to verify your identity. We will endeavour to respond to your request in accordance with requirements under applicable data protection laws and regulations, and we may charge you a reasonable fee for complying with your access request as permitted under applicable law.
9.Update of this Privacy Statement
To the extent permitted by applicable law, the terms of this Privacy Statement may be updated, revised, varied and amended from time to time as we deem necessary and the most current version will be the one available on the Corporate Website. We will obtain your consent for changes to the terms of this Privacy Statement if such consent is required by applicable law.
If you have any queries about our Privacy Statement, please email us at email@example.com.
In using the Website you agree to be bound by these Terms and the privacy statement set out at www.loupe.com.hk ("Privacy Statement"). If you do not accept these Terms and the Privacy Statement, you must refrain from using the Website.
To the extent of any discrepancy or inconsistency between these Terms and/or the Privacy Statement in respect of use of the Website, these Terms will prevail. To the extent of any discrepancy or inconsistency between the English and the Chinese versions of the Terms, the English version will prevail.
The Privacy Statement and these Terms may change from time to time and the most current version will be the one available on our Website at www.loupe.com.hk.
Any reference in these Terms to "we", "us" and "our" is a reference to LOUPE or the applicable Affiliate that owns, operates and/or controls the relevant Website.
1. USE OF THE WEBSITE
1.1 You may only use the Website for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations regarding your use of the Website.
1.2 You shall not and shall not attempt to violate the security of the Website including, without limitation: (i) accessing data not intended for you; (ii) logging into a server or account which you are not authorised to access; (iii) probing, scanning or testing the vulnerability of a system or network utilised by the Website; (iv) breaching the security or authentication measures adopted by us for the Website; and (v) interfering with the access to or use of the Website by other users.
1.3 If you breach any Terms you may be subject to civil and/or criminal liability and we may take such legal action as we deem necessary and expedient.
2.CONTENTS OF THE WEBSITE
2.1 The maintenance of the Website and all materials and information presented on the Website are intended for your personal entertainment, information, education and communication only, and shall not be regarded in any way as our offer for sale of, or our solicitation for an offer to buy, any goods or services.
2.2 Pictures of products on the Website are for reference only. Although we have made every effort to display the products on the Website as accurately as possible, the appearance of the products displayed on your computer or mobile device screen may be affected due to screen defaults or display and colour capabilities of your computer or mobile device. We are not responsible for the limitations of technology and do not guarantee that your screen's display of any colour, size, texture or detail of the products will be accurate.
3.1 You warrant that the personal information which you provide when you register as a member or user of the Website is true, accurate, complete and not misleading in any respect.
3.2 You must never use the membership or user account of another registered member or user. You will be liable for our losses and/or the losses of other persons resulting from your unauthorised use of others' membership or user accounts.
3.3 You are responsible for keeping the details of your membership or user account maintained with us secure and confidential. In no event shall we be responsible or liable for any unauthorised use of your membership or user account by any other person.
4.SUBMISSIONS AND OWNERSHIP OF INFORMATION
4.1 You agree and consent that any and all information including comments, messages, forum postings, data, suggestions, designs, concepts and other items or materials (save and except for the details of your membership account maintained with us, including without limitation login ID and password) disclosed, submitted, uploaded, posted, emailed, transmitted, distributed, published or offered to us through or in connection with the Website including via email, mail, voice mail or any other form of transmission (collectively, "Submission") are submitted on a non-confidential and non-proprietary basis and will, on submission, become the property of LOUPE. We are under no obligation to: (i)accept any Submission;(ii)maintain any Submission in confidence;(iii)pay to you or anyone any compensation for or in connection with the use, including distribution, of any Submission;(iv)respond to any Submission; or(v)save or retain any Submission.We will preserve the content of any Submission at our sole discretion.
4.2 You are solely responsible for all content that you submit. You represent and warrant that your Submission will not, in any manner: (i)violate any applicable law or regulation or advocate illegal activities;(ii)infringe the copyright, trademark, trade secrets or other intellectual property rights of others;(iii)violate the privacy or publicity or other personal rights of others;(iv)be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful;(v)advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation; or(vi)contain viruses, Trojan horses, worms, corrupted files, any other Malware or other materials that may cause damage to another's computer,and you agree not to submit any such material.
4.3 You acknowledge that any Submission posted by you on the Website (including any personal data) may be accessed by other users of the Website for the purposes of accepting, forwarding, identifying, locating and/or replying to such Submission. We shall not be responsible for any improper use of the content of such Submission by any third party.
4.4 You acknowledge that we do not pre-screen or approve any Submission posted on the Website by its users, and agree that you shall be solely responsible for the form, content, accuracy and truthfulness of the Submission posted by you as well as all consequences of your postings on the Website. In any event, we take no responsibility whatsoever for the Submissions posted by any users of the Website, or for loss of content of any Submission, and do not make any representations or warranties regarding the content, truthfulness, reliability or accuracy of any Submission on the Website posted by its users. Any reliance by you on any Submission posted by other users of the Website will be entirely at your own risk.
4.5 You may not use any content posted by other users of the Website other than for the purposes of accepting, forwarding, identifying, locating and/or replying to any content on the Website.
4.6 We may not monitor the Website at all times but reserve the right to monitor it any time. We may remove any Submission posted by you on the Website which is abusive, illegal, disruptive, or inappropriate, in our sole and absolute discretion, without any compensation or recourse to you or any other person.
4.7 Without prejudice to the foregoing, we may limit or even ban your posting of any Submission, including but not limited to the period of time of posting and the size or content of your Submission.
4.8 We do not accept any responsibility or liability for any Submission made on the Website, and the contents thereof do not necessarily represent or reflect our views or opinion.
5.INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge and agree that the materials on the Website (including without limitation text, images, layout, designs, pictures, graphics, logos, icons, brands, audio and video clips, illustrations, data compilations, software and other proprietary materials contained in the Website) are the intellectual property owned by us, our Affiliates, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
5.2 All trademarks, trade names, and/or logos used on the Website are our registered or unregistered marks, names and/or logos or those of our Affiliates or third party licensors, which are protected by intellectual property laws. Nothing contained in the Website shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademarks, trade names or logos displayed on the Website.
5.3 You acknowledge and agree that the materials contained in the Website are made available for your personal non-commercial use only and that you may download or copy such materials solely for your personal non-commercial use, provided you will not delete or change the copyright, trademark and any other proprietary notices or legends contained in such materials. You will not obtain any right, title or interest in any of such materials as a result of such downloading or copying.
5.4 You undertake that, except for your personal non-commercial use, you shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, distribute, display, remove, delete, add to, modify, commercially exploit or create derivative works from, or sell or participate in any sale of the materials contained in the Website in whole or in part.
5.5 Any use of the materials on the Website other than those permitted under these Terms is strictly prohibited.
5.6 To the extent that we do not own the intellectual property rights in any Submission, you unconditionally grant us a non-exclusive, worldwide, irrevocable and royalty-free right to use the Submission in connection with our business purposes.
6.LINKS TO OTHER WEBSITES
6.1 Where the Website provides links to third party websites, these are provided solely as a convenience to you, and shall not in any way be regarded as an endorsement of any kind by us approving the content on such websites. If you access any linked third party websites, you do so entirely at your own risk. We neither take any responsibility for nor make any representations, warranties or undertakings (whether express or implied) as to their availability and the content contained therein. Any questions or comments relating to such third party websites shall be addressed to the operators of those websites.
7.DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 To the greatest extent permitted by law, the Website is provided "as is", without any representation, warranty, condition or other term binding on us, whether express or implied, whether based in common law, statute or otherwise, and we specifically disclaim and exclude any and all representations and warranties of any kind in connection with or in relation to the Website, the information contained therein, the products displayed thereon and the services provided thereat. Unless otherwise expressly set forth herein, LOUPE makes no representation that the content and materials on this website are appropriate or available for use in any location. Your access to the Website is on your own initiative and you are responsible for ensuring your use of and access to, the Website complies with all applicable local laws.
7.2 Without limiting the generality of the foregoing, we do not represent or warrant that: (i)your use of the Website will be uninterrupted or error-free;(ii)defects on the Website will be corrected;(iii)the Website, or the server that makes it available, will be free of viruses, Trojan horses, worms, any other Malware or other harmful elements;(iv)the information contained in the Website will be timely, accurate, useful or complete; or(v)the products displayed and the services described on the Website will be available in our retail or online shops at all times.
7.3 We will not be liable for any failure, delay or default in carrying out our obligations or duties hereunder directly or indirectly caused by or resulted from acts of God, fire, flood, accident, riot, war, terrorist attack, government intervention, embargoes, strikes, labour disputes, equipment failures (including but not limited to Internet system failure) or any other causes beyond our reasonable control.
7.4 We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you. In any event, we will not be liable to you for any modification to or withdrawal of the Website.
7.5 Except to the extent precluded by applicable law, we and our Affiliates, and our respective officers, directors, agents, employees, contractors and other representatives, exclude all liability arising under, in connection with or related to these Terms and your use of the Website, including all liability for: (i)indirect, special, incidental, consequential or punitive losses, damages or expenses; and(ii)damages for economic loss, loss of profits or loss of any of the following – revenue, clients, bargain, goodwill, anticipated savings and, use of products.
7.6 The exclusion of liability herein applies regardless of the basis on which such liability arises, whether for breach of contract, in tort (including negligence), in equity, under statute, under an indemnity, for breach of conditions and warranties implied by custom, the general law or statute, in respect of any claims by a third party against you or otherwise and whether or not we are aware or should have been aware of the possibility of such loss.
7.7 To the extent that our liability cannot be excluded and we are able to limit our liability, then our maximum aggregate liability for all claims arising from, in connection with or related to your use of services on the Website and the Website itself shall be limited to the amount of HK$100.
8.1 You irrevocably and unconditionally agree to defend, indemnify and hold harmless us and each of our Affiliates and each of our respective officers, directors, agents, employees, contractors and other representatives from and against all claims, actions, demands, liabilities, expenses, losses, damages and other costs whatsoever (including but not limited to any claims made against us by any third party) arising from, in connection with or related to your use of the Website or your breach of these Terms.
9.1 In the event that you have breached or violated, or we suspect that you have breached or violated or attempt to breach or violate, any provision of these Terms or the applicable laws or regulations, we may expel you from, and prevent your further access to, the Website (by terminating your membership or user account, blocking your Internet Protocol (IP) address or any other means), and remove any and all content and materials posted by you on the Website, without notice and compensation of any kind to you.
9.2 We shall have no obligation to deliver or return to you any content or materials posted on the Website at any time which are subject to removal pursuant to these Terms.
10.1 We may revise these Terms from time to time without prior notice to you. Your continued use of the Website following such revision shall be deemed as your acceptance of these Terms as amended. It is your responsibility to visit the Website regularly to check out the latest Terms.
10.2 From time to time, cyber squatters or other unauthorised persons may register or use a confusingly similar domain name/name/trademark/trade name/logo or otherwise hold themselves out as having any association with or endorsement from us or our Affiliates. We and our Affiliates may investigate and/or take action against such cyber squatters and unauthorised websites but we are not in any way responsible and shall not be liable for any acts and/or omissions of these cyber squatters and/or the contents, transactions or anything related to any unauthorised websites.
11.1 These Terms constitute the entire agreement between you and us relating to your use of the Website, and shall replace and supersede all other communication (be it written or oral), discussions, letters and contracts relating to the subject matter hereof.
12.1 You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
13.1 No failure or delay by us in exercising any right, power or remedy under the Terms shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limiting the foregoing, no waiver by us of any of your breach of any provision of these Terms shall be deemed as a waiver of any subsequent breach of that or any other provision of the same.
14.1 The provisions contained in each clause of these Terms shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. In the event any provision of these Terms is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision, there will be added as part of these Terms one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable law.
15.GOVERNING LAW AND JURISDICTION
15.1 These Terms are governed by and are to be construed in accordance with the laws of Hong Kong Special Administrative Region of the People's Republic of China.
15.2 All dates and times in these Terms refer to the Hong Kong time zone. Sundays and all Public Holidays in Hong Kong will not be considered as working days for the purposes of these Terms.
15.3 Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, will be settled by a court of competent jurisdiction.
16.1 If you have any enquiries relating to the Website, please contact us by email at firstname.lastname@example.org as set out on the relevant Website.