Privacy

Privacy Statement

This Privacy Statement outlines how we collect, use, manage and protect personal data that we may collect from or about you (“Personal Data”) and applies to all Personal Data whose Personal Data may be handled by Marsbu Group Limited (“Marsbu”, “we”, “us” or “our”, if any) as a controller or processor.

1. Protect your privacy

We endeavour to process your data in accordance with the required standards, which include safeguarding your privacy and ensuring the security of your personal data in order to comply with (in particular and where applicable) the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong (the “Ordinance”) and Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of personal data (“GDPR”, the Personal Data Protection Rules), as applicable.

2. Your Personal Data

We may collect, use and retain various types of personal data about you. In order to operate our business (including verifying your identity to detect, prevent and address fraud, security or technical issues, registering, activating and administering your account, and billing and charging for our products and services (collectively, the “Services”)) and complying with any applicable laws, rules, guidelines, rules and/or requests issued by relevant government authorities, courts, law enforcement or relevant authorities or regulatory bodies, you may be required to provide personal data including but not limited to the following:
(a) your name, date of birth and other particulars as stated on your identity card or other statutory documents, travel documents, student identity card and/or driving licence;
(b) contact information, including your name, address, telephone number, mobile phone number and/or email address;
(c) personal data that you share with third party social media platform operators (e.g. account login name, image, contact information);
(d) payment information, including credit card, debit card and other online banking information;
(e) account details or personal data in connection with registration for our services, including the associated PIN, username or password, account number and/or service number;
(f) device-specific data, such as hardware model, operating system, version, unique identifier, serial number, configuration and software and mobile network configuration;
(g) information about how you use our services, such as your internet usage, how you use our network, and where you are located when you use our services;
(h) information that enables us to identify you, including biometric information, such as your fingerprints and voiceprints;
(i) health and biometric data;
(j) your credit and service history to enable us to assess your eligibility to use our services or to process your request to transfer services or accounts;
(k) all personal data as required by or in connection with any applicable government authorities, courts, law enforcement or relevant authorities or regulatory bodies to enable us to comply with any laws, regulations, rules, judgments or court orders (whether within or outside Hong Kong); and
(l) any other personal data that may be required from time to time by any member of Marsbu and/or their respective contractors, subcontractors, intermediaries, agents, business partners or representatives, brokers or contractors as necessary in connection with the provision of the Services.

In some cases, where required by law, we may ask for your consent to process the following categories of “Special Personal Data” to enable us to further improve our services and/or provide you with more relevant categories of information or content:

(a) age;
(b) gender and race;
(c) marital status;
(d) salary levels and employment data;
(e) education and professional qualifications;
(f) hobbies and leisure activities;
(g) the services you have applied for; and
(h) Household and household statistics.

You may choose whether or not to provide the special personal data described above. However, if the requested service is personalised, or the provision of the product is based on the fact that you have provided all the required personal data, failure to provide the required personal data at that time may prevent us from providing you with such specific service.

You may be required to provide us with personal data of other persons. In such circumstances, we may ask you to confirm that you will comply with Part VIA of the Ordinance and that you have informed such persons of the use, disclosure and transfer of personal data (including personal data provided by you to us and personal data provided by us to third parties) and details of such persons (including details of their use of our services and loyalty programmes (if any)) to you; and you have obtained (or the scope to which such authorisation and/or consent) is authorized and/or consented by such persons for such use, disclosure and transfer. You should also remind them that they may contact us for further information (please refer to the “Contact Details” below).

Personal data provided by you will be retained by one or more members of Smart Charge (if any) and used by employees of such members and authorised third parties as the circumstances are appropriate or for the purposes set out in this Privacy Statement or for other purposes notified to you in advance or, if necessary, with your consent.

3. How We Collect Personal Data

We collect personal data in a variety of ways, including:
(a) Directly from you. For example, if you submit your personal data by phone or email, by attending one of our events, by filling in an application form or agreement for one of our services, or through our website, mobile or TV application or any customer service hotline or online chat room, or when you contact us with an enquiry or request, or in the ordinary course of our business affairs, or when we are required by law to collect such personal data;
(b) with your consent, from third parties, such as relevant companies, business partners, or other customers or your representatives;
(c) from publicly available sources;
(d) based on our internal records of how you use our services;
(e) when you visit our websites, mobile or TV applications (please see “Privacy Information” below); and/or
(f) when you participate in surveys or promotions conducted by us or on our behalf.

4. Privacy Information

In order to better meet your needs and preferences, our web server collects personal information relating to your website, device or application activity. We also collect anonymous aggregate statistics on server usage to enable us to respond more appropriately to the behaviour patterns of users of our websites and mobile and TV applications. Such personal data may include, but is not limited to:
(a) browser type, version and user agent;
(b) operating system;
(c) IP (Internet Protocol Protocol) addresses and/or domain names;
(d) link data, statistics on page views and/or referral links and/or;
(e) Device identification data, location and telephone contacts;
(f) Videos that have been watched or searched;
(g) clicked links or images;
(h) cookies and/or browser, application or web server logs; and
(i) Device and Software Features and/or Configuration.
Some of our websites use “cookies” or similar tracking tools on your computer or device to enable us, for example, to personalise our services to you and/or to identify you as you navigate through different web pages and/or the Internet. Such personal data may include, but is not limited to, login and confirmation information, as well as personal information about your device and your activities and preferences on our websites and mobile and TV applications. Our website is initially set up to accept cookies. You may choose to refuse or delete the history of cookies by changing the settings of your web browser; However, if you change your settings, you may not be able to use certain features of our website and/or app as usual.

5. How We Use Your Personal Data

We may collect, retain and use your personal data for the following purposes:
(a) verifying your identity;
(b) processing your application for our services and loyalty programmes (if any);
(c) Verification procedures in accordance with the Regulations;
(d) verifying your eligibility to subscribe to or participate in our services, games and/or promotions or other activities;
(e) providing or activating the services and loyalty programmes (if any) for which you have applied and/or renewing such services or programmes;
(f) to provide you with rewards, promotional offers, updates, offers and invitations to events;
(g) to advertise and market our services to you;
(h) conducting credit checks and detecting fraudulent activities in compliance with the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615 of the Laws of Hong Kong) and other compliance purposes;
(i) conducting research or analysis to improve and improve the services we provide to you and/or our loyalty programme (if any);
(j) conducting surveys and promotional, promotional and behavioural scoring for business operations and/or business planning;
(k) conducting market and product analyses for statistical or actuarial reporting (containing aggregate data not relating to any identified or identifiable individual);
(l) to enforce our contractual rights;
(m) processing payment instructions, direct debit arrangements and/or credit arrangements in connection with the services we provide to you;
(n) maintaining and developing our business systems and infrastructure, including testing and updating such systems;
(o) maintaining, improving and developing our products and services;
(p) developing wealth management services and products;
(q) assessing your financial needs and insurance claims made by or against you, and processing claims relating to you (including but not limited to making, defending, analyzing, investigating, processing, evaluating, establishing, responding to or settling such claims or making settlements);
(r) complying with our legal, contractual or licensing obligations and relevant industry codes;
(s) complying with applicable laws within or outside Hong Kong as required by applicable government authorities, courts, law enforcement or regulatory or investigative authorities in relation to the services we provide to you and/or the loyalty programme (if any), including to assist in the prevention or detection of crime or potential criminal activity; and
(t) disseminating data on our publications and research, as well as publications and research materials of our business partners and counterparties.

6. Our Legal Basis for Using Your Personal Data (including How We Disclose Your Personal Data).

It is in our legitimate interest to properly perform our services. In addition, it may be necessary for us to use your personal data in order to perform the services you have requested. To the extent permitted by applicable laws and regulations, we may disclose your personal data to entities or persons outside Marsbu (which may be located within or outside Hong Kong) (collectively, “Organisations”) in order to provide the services you have requested. The purpose of disclosing your personal data to these organisations will only be strictly limited to enabling us to provide our services to you.

In some of the circumstances described above, we may be required by law to ask for your consent for us to use your Special Personal Data.

The following organisations provide support services to our business and operations, including but not limited to:
(a) customer enquiries;
(b) courier, delivery, logistics and warehouse services;
(c) mail operations;
(d) collection of bills and arrears;
(e) information technology services;
(f) installation, maintenance and repair services;
(g) marketing, advertising and telemarketing services;
(h) market research;
(i) customer usage and behaviour analysis;
(j) Program management;
(k) after-sales service;
(l) investigations;
(m) website usage analysis; and
(n) Cloud Storage Services.
We will take the necessary steps to ensure that these organisations are bound by their confidentiality and privacy obligations to protect your personal data and that they do not use your personal data for the purpose of the services they are engaged to perform and not for their own use or for other purposes (including direct marketing).

In addition, we may disclose your personal data to the following parties:
(a) your authorised representatives and/or legal advisers (at your request);
(b) the following organisations that provide administrative, payment, collection, commercial, legal and/or business support
(i) credit reporting and fraud investigation agencies;
(ii) financial institutions, payment or credit card issuers, credit agencies, credit reference agencies, debt collection agencies or securities agents;
(iii) telecommunications network operators;
(iv) electricity suppliers;
(v) our affiliates, overseas offices, principals, assignees and representatives;
(vi) our professional advisers, including our accountants, auditors, lawyers and insurers;
(c) banks, hotels, insurance companies, insurance brokers, underwriters, billing agents and other business partners for the redemption purpose of the Membership Rewards Programme (if any), including but not limited to assisting Members in registering for the relevant activities;
(d) government and regulatory authorities and other bodies required or authorised by law;
(e) organisations that manage our business and corporate strategy, including those involved in the transfer or sale of all or a portion of our assets or business (including accounts and receivables) for these purposes and in managing our corporate risk and capital raising functions (e.g., securitisation);
(f) any prospective or actual participant, principal or transferee in relation to all or part of our operations; and/or
(g) charitable or non-profit-making organisations.

7. Direct Marketing (if applicable)

Subject to applicable laws, rules, regulations and licensing requirements, we may use your information (including but not limited to name, contact information, telephone number, residential/office address, email address and information about the products you have purchased) for us (including our subsidiaries, affiliates and affiliates, if any) and our respective distributors, suppliers, licensors, providers and/or business partners (collectively, “Service Providers”) to provide you with direct marketing materials (which we maymay not be remunerated for this), including sending you notifications and/or updates on gifts, discounts, exclusive offers, offers and promotions in relation to the services provided by us and/or our service providers, including but not limited to: energy, utilities, television, telecommunications, OTT services, data services, mobile voice, SMS and data communications, IDD/international roaming, internet connection, cloud services, mobile payments, entertainment, secretarial services, personal assistant services and information services (e.g. weather, Finance & News), Device Accessories, Mobile Apps & Software, Computer Peripherals, Accessories & Software (including Laptops, Mobile Phones, Mobile Devices & Accessories, Keyboards, Defensive Devices & Mobile Apps), Rewards, Loyalty or Elite Programmes, Lifestyle, Social Activities, Travel, Banking, Alcohol, Tobacco, Sports, Music, Games, Transportation, Household Products, Food & Beverage, Finance, Insurance, Wealth Management Services and Products, Pensions, Investments, Brokerage Services, Financial Advisors, Credit and other financial services and products, gaming, education, health and wellness, beauty products and services, fashion and accessories, electronics, power products, social networking, technology, e-commerce, logistics, retail, home furnishings, media and high-end consumer products and services. Such marketing may be carried out in a variety of ways (including by mail, in-bill mail/SMS, email, digital SMS, multimedia SMS, instant messaging, mobile push notifications, targeted TV messages, advertising by telephone or social media or on websites or other means).
We may be required by law to obtain your written consent before using your personal data for the purposes stated in this Privacy Statement. In such cases, we will only commence using and providing your personal data for any promotional or marketing purposes with your written consent.
We respect all requests to cease using personal data for direct marketing and you may opt-out of receiving direct marketing materials and/or communications relating to the Services and/or Loyalty Programme (if any). At the same time, if you wish to re-receive such materials (the request for re-receipt of promotional materials is only applicable to customers who have previously opted out of receiving such materials and/or communications about the Services and/or Loyalty Programmes (if any)), you may notify our Privacy Officer by post with your registered name, account number, registered telephone number or login name (if applicable) to inform us that you wish to receive such information.

8. Transfer of Personal Data Outside Hong Kong

Where necessary, we will prudently transfer your personal data outside the Hong Kong Special Administrative Region for different purposes, such as the prevention, detection or investigation of crime, or the storage, processing and other purposes for which the data was collected. If we transfer your personal data outside the Hong Kong Special Administrative Region, the transfer will comply with the prevailing requirements of the Ordinance and the GDPR (if applicable).

9. We take the security of your personal data seriously

We strive to ensure that all of our customers’ personal data is stored in a reliable and secure place. Access to such personal data is restricted to our authorized employees or other organisations mentioned in this Privacy Statement. If we transfer your personal data to third parties for processing, we will endeavour to ensure that they have appropriate security measures in place to protect the security of your personal data and comply with the applicable principles for the protection of personal data. The party to whom your personal data is received may process it overseas. If you would like to know more about the security measures we use to ensure that your personal data is adequately protected, you may contact us for more information.

10. Retention of Personal Data

Your personal data will be held by the Company in accordance with our internal policies. The Company’s policies are in line with the Ordinance and the GDPR (if applicable) and include the following purposes:

(a) personal data will be kept for as long as is necessary to achieve the purpose, or a directly related purpose, for which the data were collected; unless the personal data as described above is required to be retained under any applicable law, regulation or contractual requirement; and

(b) Personal data will be erased from the Company’s electronic, manual and other storage systems in accordance with the above standards and the Company’s internal procedures.

11. Links

Our websites (including but not limited to www.smartcharge.com.hk) and mobile and TV applications (if any) may contain links to other addresses, webpages and mobile and TV applications operated by third parties. We have no control over the content of such linked websites, webpages and mobile and TV applications or the way in which your personal data is processed by the operators of such websites, webpages and mobile and TV applications and are not responsible for the content of such third party websites, webpages or mobile and TV applications. You should review the privacy policies on the third party websites, webpages and mobile and TV applications to understand how those third parties may use your personal data.

12. Your Right to Access, Correct and Delete Your Personal Data

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

(a) notify us when you become aware of any inaccuracies in your personal data records; and
(b) Please notify us if your personal data changes or updates.
If you wish to access or correct any of your personal data held by us, or request us to delete any data that is no longer necessary for the services we provide, you may contact us using the contact details below.
We may charge an administrative fee for the data accessed at your request. You may refuse to share your personal data with us and/or withdraw any consent you have given, in which case we may not be able to provide you with some of our services.
Unless we are permitted by applicable law to hold or process your personal data, you may object to our holding or processing of your personal data at any time on lawful grounds.

13. Contact

For enquiries on HKT’s compliance with the Ordinance and the GDPR (if applicable) and any request for access, correction or deletion of personal data, please send an email to the following address:
cs@marsbu.com
If you have any questions about the processing of your personal data, please contact us and we will do our best to resolve your queries.
This Privacy Statement may be amended from time to time and all processing of personal data will be subject to the most current version of this Privacy Statement (see https://www.marsbu.com/ for details). If there is any discrepancy between the English and Chinese versions, the English version shall prevail.