PRIVACY POLICY



This Privacy Policy applies to the BERTH.com.hk website, the BERTH HK App, and when you share your Personal Data with us through our in-store subscriptions, by phone, or via other voluntary means in Hong Kong and Macau (the “Site”). It explains how we may collect, use and disclose your Personal Data, including our obligations and your rights in respect of our dealings with your Personal Data, consistent with our commitment to providing you with a satisfactory and helpful shopping experience. 
Please read this Policy carefully. By visiting the Site and/or using the products and services made available to you through the Site, you are agreeing to this Privacy Policy which shall apply to all information that we have about you, and that any dispute over privacy is subject to this Privacy Policy and our Site’s Terms and Conditions
BERTH GROUP LIMITED (“we”, “us”, “our” and “Company”) pledges to comply with the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486), and the Macau Personal Data Protection Act (Law 8/2005). We understand the importance of protecting your Personal Data, and appreciate your confidence that we will respect privacy in a careful and sensible manner. 

1)Personal Data

1.1 Personal data (“Personal Data”) includes your name, residential address, email address, phone number, gender, age, credit or debit card data, and any other information you may supply us for identification purposes.


1.2 Our Site is intended for use by adults. We do not knowingly collect any Personal Data from children under the age of 16. Those under the age of 16 should not use the Site or provide us with any Personal Data.


1.3 If you provide us with Personal Data about another person, you represent and warrant to us that you have obtained all necessary consents from that other person to permit us to use that Personal Data as set forth in this Privacy Policy.

2)Collection of Personal Data

2.1 We may ask you to provide Personal Data when you use the Site, including when you voluntarily register or update your existing profile with us, subscribe to catalogues or newsletters, email us, use our customer services, answer surveys, enter promotional opportunities, post on our social networks’ message boards, or make any other submissions to our Site.

2.2 Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection). In the event that you do not provide any Personal Data marked as mandatory, we may not be able to process your request, or provide you with our products or services.

2.3 We may use cookies or similar technologies on our website to help us manage your website experience, and allow for customization of the web pages presented to you when you return to the website. We do not collect or store Personal Data from you under this circumstance. You can opt to disable cookies or similar technologies at any time by simply modifying your browser’s configuration, but certain functionality may become not available if you do so.

3)Collection of Personal Data

3.1 We collect and use Personal Data about you for the following purposes:

 1.

To process your requests or orders, and deliver services, such as goods, clothing alterations, and other services;

 2.

To provide you with customer service and respond to your enquiries, feedback or claims;

 3.

To keep track of and analyse your purchases, transactions, shopping patterns, account activity, and payment history;

 4.

To provide information about the Company and our products, such as newsletters, events, promotions or contests;

 5.

To conduct surveys and analyses for research, statistical, product and service developments in an effort to improve your shopping experience (we may tailor our Site to your interests and offer specific products to you accordingly); and

 6.

To comply with legal requirements.

4)Management of Personal Data

4.1 We take reasonable steps to make sure that the Personal Data we collect is protected from unauthorised access, disclosure, misuse or loss. We will collect, use or disclose your Personal Data only with your knowledge and consent, as set out in the Privacy Policy unless otherwise required or permitted by law.

4.2 Our Information Security Department is responsible for ensuring your Personal Data is protected and strictly used in accordance with Clause 3. We take your privacy seriously. We have implemented security safeguards appropriate to the sensitivity of the information, including the use of the following measures:

(i)

 Physical security measures, such as restricted access facilities and appropriate disposal of Personal Data; an

(ii)

 Electronic security measures, such as password protection, for accessing computerised Personal Data.

4.3 We may share your Personal Data with the Fast Retailing Group, but only with your consent, so that we can notify you about products, services, rewards and special offers you might enjoy. These notifications may be given to you by postal mail, email, telephone, text message, automatic dialing-announcing device or other means using the contact information that you provide to us.

4.4 Please note that we cannot be responsible for any Personal Data you share or post by way of submissions to the public spaces of our Site. These are public areas and may be consulted or viewed by anyone visiting these sections of our Site and, as such, falls outside this Privacy Policy.

5)Storage of Personal Data

5.1 We will keep your Personal Data as accurate, complete and up-to-date as necessary and reasonably possible for the purposes for which it is to be used in accordance with Clause 3.

5.2 We will only retain your Personal Data as long as necessary for purposes listed in Clause 3 or as required by law.

6)Disclosure to Third Party

6.1 Personal Data will not be used or disclosed for purposes other than those listed in Clause 3, except with your consent/indication of no objection, or as required/permitted by law.

6.2 To fulfill the purposes in Clause 3, we may disclose or transfer (whether in Hong Kong SAR, Macau SAR or abroad) your Personal Data to third parties, including our parent, subsidiary and associated companies. In particular, we may share your Personal Data with third party contractors or service providers (“Third Party”) who help with our business operations, such as suppliers of technological services, financial transactions, logistics services, transportation, reward programmes, purchase order management, customer service, fraud investigations, and/or analysis of any transactions made through the Site.

6.3 Please be assured that we shall implement contractual or other appropriate means to ensure compliance by such Third Party with this Privacy Policy and all applicable privacy laws when we disclose your Personal Data to Third Party.

6.4 We may share aggregate data that does not allow you to be identified with Third Party for various purposes (including marketing and advertising), and may use this data in order to better understand your needs and to improve and adapt our products and services.

6.5 If we consider it necessary to share your Personal Data with Third Party other than for the reasons specified in this Clause, we will notify you and will only proceed with your consent/ indication of no objection.

6.6 In the event of suspected fraud, threat to personal safety, or violation against our Terms and Conditions or relevant laws, we shall take prompt and all appropriate measures to investigate and address such risks.

6.7 By providing Personal Data through the Site or otherwise to us, you expressly authorise us to use and disclose your information as described. Please do not proceed if you do not agree on the abovementioned Personal Data usage.

7)Changes to the Privacy Policy

7.1 We may make changes to this Privacy Policy from time to time. You should check our website frequently to view recent changes of our Privacy Policy.

8)Your Right to Access Personal Data

8.1 You have the right of access to or correction of, and to withdraw your consent concerning your Personal Data held by us.

8.2 If you have any questions regarding this Privacy Policy, or if you wish to access or change your Personal Data, or withhold the information from us, you may visit your “My Account” page to edit or update your Personal Data, or send your request in writing to the following:

Address: Units 702-706, 7/F, Mira Place Tower A, 132 Nathan Road, Tsimshatsui, Kowloon, Hong Kong

Email:boney@berth.hk

8.3 We reserve the right to charge you a reasonable fee for the processing of any data access request.

9)Rights of Third Parties

9.1 Notwithstanding the Contracts (Rights of Third Parties) Ordinance (Cap. 623), and/or any comparable law in any jurisdiction, this Personal Privacy is personal to and is made solely for the benefit of you and us, and shall not create or give any rights to, or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance (Cap. 623), and/or any comparable law in any jurisdiction, giving to or conferring on third parties, the right to enforce any term of this Personal Privacy, is expressly excluded, and no term of this Personal Privacy is, or is intended to be, enforceable by any person not being a party to it. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Personal Privacy, are not subject to the consent of any third party.