Privacy Policy and Declaration

Our Company is committed to protecting your privacy and will ensure your personal data to be protected. This Privacy Policy explains what personal data will be collected by Our Company and how we will treat and protect those data. Please read carefully of this Privacy Policy and Declaration. Upon your utilizing of https://www.garden.com.hk (the “Website”), that means you already accepted the terms and conditions of this Privacy Policy and Declaration. If you do not accept to be bound by the hereinbelow terms and conditions, please cease to use this Website. If you fill in any form and click “submit” / “confirm” button on this Website, that means you already read and understood this Privacy Policy and Declaration, and agreed the collection and use of the personal data as illustrated in this Privacy Policy and Declaration. Our Company reserves the right to update and amend the content of this Website, and able to amend this Privacy Policy and Declaration unilaterally without any notice. You shall periodically review the Website to observe if any amendment made on the Privacy Policy and Declaration and your continuous use of this Website means you accepted any amendment on the Privacy Policy and Declaration (unless we need to seek your prior acceptance in accordance with the relevant law). Hereinunder, “You” and “Member” means any person and/or entity using this Website for any reason or any purpose.

1. General terms

1.1: This Declaration was made and established in accordance with Hong Kong “Personal Data (Privacy) Ordinance” (Chapter 486) by the Garden Company, Limited (“Our Company”) regarding the sales of products, provision of services and this Website for the public regarding collection of personal data.
1.2: Unless otherwise as specified, this definition of this Declaration shall have the same meaning as per the Ordinance.

2. Collection of Personal Data declaration and its purposes

(a)

When you browsing this Website, Our Company may collect personal data including the technical information of your IP address, location information or equipment information.

(b)

When you participate in the company’s activities through this Website or register as a member of “Garden Loyalty Club” to use the company’s services, the company will collect your personal information to provide services. If you provide personal data or fill in and transmit personal data to the company through this Website, you agree to the company’s use of your personal data in accordance with this Privacy Policy and Declaration. If you want to participate in the company’s activities or register as a member of “Garden Loyalty Club”, you need to provide the company with certain necessary personal data. The types of personal data that the company may collect including but not limited to your name, address, email, phone number, date of birth, gender, age, shopping preferences and hobbies, etc. Any personal data provided by you is provided voluntarily and is deemed to authorize the company to collect, store, update and use your personal data for the purpose of clause 2.2 below.

2.1

The personal data you provided, together with all other personal data collected and held by Our Company about you, will be used for the following purposes:

(1): For verification of identity and record;
(2): Operate, process, maintain and manage your “Garden Loyalty Club” account;
(3): For daily operations such as providing you with product, event information and services;
(4): For the launch of products, activities and services from time to time, provide you with such additional products, event information and services, and conduct lucky draws, games or competitions in which you participated;
(5): For collection of Member’s payment in due (if applicable);
(6): For update and verification of your identity and other information in accordance with relevant law;
(7): Provide activities reward, member’s benefit, promotion and other activities, and to reply your enquiries, comment and request;
(8): To conduct research or statistical analysis, so that Our Company can understand your characteristics and purchasing behavior to improve Our Company’s products and services, and for marketing promotion and advertising;
(9): For any of the above purposes or as required by applicable laws, rules and regulations to disclose;
(10): Fulfill any other purpose directly related to the original purpose for which the personal data was collected;
(11): For prevent and cease fraud;
(12): For audit purpose and
(13): For handling your complaints and account enquires, claims and/or litigations against Our Company or either party and to enforce against you any for legal or other rights of the company in relation to this Website.

2.2

If Our Company considers that the personal data provided by you is insufficient, unclear or false, the company reserves the right to refuse or suspend processing your application or provide any services to you until the company receives the personal data we require.

2.3

As referring to clause 2.1, our Company’s employees or staff with confidentiality obligation shall have a right to review your personal data.

3. The Use of Personal Data

Our Company will keep your personal data confidential, but may provide the relevant data to the following parties (including the parties located inside or outside Hong Kong Special Administrative Region (“Hong Kong”) ) for the purpose of implementing the above-mentioned “purpose of collecting personal data”:

(a): any agent, contractor or third-party service provider who provides administrative, telecommunications, computer or other services to this Website and/or Member;
(b): any authorized agent of this Website from time to time to process the personal data of customers;
(c): any selected business partners of this Website;
(d): Our Company’s auditors, consultants or legal advisers, whether inside or outside Hong Kong;
(e): any other person under a duty of confidentiality to Our Company;
(f): any court of competent jurisdiction, execution authorities, or other government or regulatory departments, authorities or organizations and
(g): any actual or proposed assignee or transferee of this Website.

4. Confidentiality obligation

4.1: Our Company shall make reasonable endeavour to keep confidential of your personal data.
4.2: In order to comply with any law in Hong Kong, Our Company might disclose your personal data to any government departments or governing authorities.
4.3: Apart from personal data, any questions, comments, suggestions or information sent by visitors or posted on this Website or any part of this Website will be deemed to be voluntarily provided to Our Company on a non-confidential and non-proprietary basis. The company reserves the right to freely use, reproduce, disclose, transmit, publish, broadcast and/or post such information elsewhere, including providing such information to any affiliated company, such as for the development, manufacture and promotion of products and services and to meet customer needs.

5. Safety of Personal Data

5.1: When you browse this Website, you will be deemed accepted terms and conditions contained in this Declaration.
5.2: Our Company shall use reasonable efforts to ensure personal data on this Website are safely and properly stored.
5.3: You shall understand that other websites linked to this Website may be collecting your personal information. You must read the relevant privacy policy carefully before providing your information to any third party. The information you provided to the third party shall have no relationship with Our Company and Our Company shall have no legal responsibilities in protecting such personal data privacy.

6. Personal Data access and amendment

6.1: If you have any queries to Our Company’s Privacy Policy, or intend to access or amend personal data, or intend to request for opt out of direct marketing message from Our Company, you can write your request to us by email or mail to Our Company as follow:

The Garden Company, Limited

Privacy Protection Officer

Address:

Corporate Marketing Department, 1-11 Sham Tsz Street, Sham Tseng

Tel:

2491 0401

Fax:

2387 4344

Email:

cm@garden.com.hk

(Please specify your name, membership number (if applicable) and mobile phone number for identity verification and contact purpose)
In accordance with the Personal Data (Privacy) Ordinance, Our Company shall have a right to request the person accessing the personal data for a reasonable handling fee.

6.2: Unless you request the company to delete all personal data provided by you, otherwise it represents that you confirm that Our Company has the right to retain all such personal data, and we can continue to provide you with marketing information, even though you are applying for the membership on this Website or your such membership is canceled or withdrawn, the warranty period for any product or service offered on this Website has expired, or the sale of products or provision of services on this Website has been completed (as the case may be).

7. Direct Marketing

According to the launch of new products, activities and services from time to time, Our Company will provide you with such additional products, events information and services; or provide event rewards, membership benefits, promotions or other services. The company may also share your personal data with business partners for their direct marketing purposes. If you do not want us to use your personal information for direct marketing, you can opt-out “Receive electronic newsletters, keep abreast of Garden’s latest trends and event information” when registering as a member of Our Company. You can also in any time inform us by writing to our Data Protection Officer in accordance with the address as stated in clause 6, requesting our Company to stop providing marketing information to you. There is no charge for processing such request.

8. Cookies and third-party applications

Our Company uses cookies on this Website. A cookie is a short text file stored on a user’s computer by a web server based on the permissions set by the user’s browser software. Cookies itself is not designed or intended to read any information from a user’s computer (other than the contents of Cookies itself); rather, it is an identifier used by a website that places it on your hard drive. The actual content of the cookies information can be retrieved by that same server to identify the computer and subsequently to tailor and monitor or manage the use of a website based on information stored by the host server. Therefore, Cookies only identify the user’s computer to the website, and the website may associate other information, including personally identifiable information, with the cookies. Likewise, Our Company has the right to use third-party applications on this Website. The purpose of using third-party applications on this Website is to automate the login and data registration functions, so that you can establish contact with online ordering information when you use this Website for shopping (if any), and make this Website suitable for your preferences, or to personalize promotions or marketing. In addition, the use of third-party applications may enable Our Company to track the use of this Website to determine whether content is useful or popular, so that Our Company can effectively change and improve this Website. You can modify your web browser on the use of Cookies so that it will send you warnings or you can decline acceptance of cookies entirely. However, please note that if you choose not to accept “Cookies”, this Website may not function properly or allow you to log in.

9. Others

This Declaration is governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. Our Company will regularly review this privacy policy and update it on this Website. This Privacy Policy is established by The Garden Company, Limited. Last update on 30 May 2023.