Important Information and Who We Are [Top]
Purpose of this Privacy Notice
1.1 This Privacy Notice aims to give you information on how we collect and process personal information about you through your use of the Website and/or the Service, including any data you may provide to us when you use or purchase our product(s) or services, register as a TVB member ID User to subscribe for/access our services and/or access services offered by other companies in the TVB Group (defined below), visit our Website, download/activate/ enable our app, or take part in any of our contest (where applicable).
1.2 It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing information about you, so that you are fully aware of how and why we are using such information. This Privacy Notice supplements other notices and is not intended to override them.
Controller and Processor of personal information
We will be administering the TVB member ID service user account registration and processing as data processor (processor) such items of your Identity and Contact information held in the single login function of your TVB member ID service user account for accessing the relevant on-line services of applicable TVB Companies with Single Log-in Function (please see Section D, paragraph 5.2 below for more details). Click here for a list of TVB Companies with Single Log-in Function . As to the Website, the Service (including other TVB member ID services) and the personal information we collect use and hold about you, we/Television Broadcasts Limited (together “we”, “us” or “our” ) will be the controller responsible for them. We may share your personal data with our affiliates and associated companies within the group of companies of Television Broadcasts Limited (“TVB Group”) for processing purposes. Details of the legal entities within the TVB Group can be found in our annual report at: (http://corporate.tvb.com/_upload_/article/en/cb74bfb161bb59b766ce147904953ea7.pdf).
Our contact details are:
For the attention of: Data Protection Team, Television Broadcasts Limited
Email Address: email@example.com
Postal Address: Level 4 & 5, Production Centre of Shaw Studio,201 Wan Po Road,Tseung Kwan O,Kowloon,Hong Kong
When the TVB member ID functionality is made available on our Website (anticipated to be launched towards the end of 2018), log into your TVB member ID user account at the TVB Website.
Changes to this Privacy Notice and your duty to inform us of changes
4.1 We regularly review this Privacy Notice and this version was last updated on 23-Nov-2018. Where applicable historic versions are archived at http://www.tvb.com/terms/e_tvb_member_eupn OR can be obtained by contacting us.
4.2 It is important that the personal information we hold about you on your ‘TVB member ID account’ is accurate and current. You can access correct delete modify or update your registration, personal information and marketing preferences by signing onto your TVB member ID user account via the TVB member ID app or via other app(s) or websites of TVB Group company(ies) which require or accept TVB member ID credential for account log-in authentication. When the TVB member ID functionality is made available on our Website, you will also be able to do so by logging into your TVB member ID on our Website. Alternatively, please write to us by emailing our Data Protection Team, Television Broadcasts Limited at firstname.lastname@example.org and tell us if your personal information changes during your relationship with us. If you have subscribed for more than one of our services or services of other companies in the TVB Group and that there are other changes in ‘services/app(s)’ specific item(s) of personal information, you will need to update each separately.
The Information We Collect About You [Top]
Personal information or personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
What information we collect1.1 We may collect, use, disclose, transfer and store different kinds of personal information (personal data) about you. We have grouped them together in the following category:Identity Information such as:- First name- Last (surname) name- Nickname/pseudonym/assumed name (relevant to the interactive features of the Service)- Email address- Year of Birth (optional)- Month of Birth- Contact number- Gender- PasswordContact Information such as :- Delivery address (where applicable)- Email address- Contact numberFinancial Information such as- Payment records related financial information (where applicable)Transaction Information such as:- Payment record from end customer- Payment method- Detail of products and services customer have purchased from us or business partnerTechnical Information such as your:- Internet protocol (IP) address- Login data- Browser type and version- Time zone settings and location- Operating system and platformProfile Information such as:- First name,- Last (surname) name- Nickname/pseudonym/assumed name (relevant to the interactive features of the Service)- Gender- Year of Birth (optional)- Month of Birth (optional) (for special birthday month greeting)- Email address- Contact number- Marketing and Communications preferences.Usage Information such as:- Downloading history- Video playback history- Bookmarked record- Favorite product- User comments or like on video- User’s giftingMarketing and Communications Information such as:- Marketing and communications preferences.
Please see the table under paragraph 1.4 of Section D (How we use your personal data) below click here for a description of the purposes we plan to use your personal data and the lawful bases/legitimate interest we rely on to do so.1.2 We also collect, use and shareStatistical Information such as analytical or demographic data for any purpose. Statistical Information could be derived from the personal information about you but is not considered personal data in law as this information will not directly or indirectly reveal your identity. For example, we may make use of your Usage Information to calculate the percentage of users accessing a specific service or website feature. However, if we combine or connect Statistical Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.1.3 We do not collect anySpecial Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.1.4 Where we need to collect personal data by law, or under the terms of a contract we have with you and you decline to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In such event, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
Third party data
You may occasionally need to provide personal information about other individual(s) to us. In each of such event, you are required to first obtain the express authorization of such individual(s) before using, disclosing and transferring their personal information to us for the relevant purposes. We may require you to provide us with any supporting documents which may be necessary to prove such authorization. You should also advise such individual(s) that we may contact such individual(s) for further information.
How We Collect Your Personal Data [Top]
How We Use Your Personal data [Top]
- We will only use your personal data in the following circumstances
Marketing and promotional offers
2.1 We strive to provide you with choices regarding certain personal data uses particularly around marketing and advertising.
2.2 We may use your Identity, Contact, Technical, Usage and Profile Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (“marketing”).
2.3 We have an interest in making sure our marketing is relevant for you to enable us to enhance modify or otherwise improve our service /communication for the benefit of our customers/users to determine the effectiveness of our personalized campaigns and advertising, so we may process your information to send you marketing that is tailored to your interest. If you have any concerns about personalized or interest based marketing, you have the right to object to processing that is based on our legitimate interest. For more information on your right, please seeSection I (Your Legal Right) below.Marketing from us
2.4 You will receive marketing communications from us if you have requested the information from us, or if you have purchased similar goods and services from us and that you have not opted out of receiving marketing information. We will obtain your consent before using your information for sending other marketing communications to you. If you provide your mobile phone number to us, we may ask for your consent to receive text message alerts from us containing goods, services, event, or promotional information in a text or SMS. You have the right to object to processing your information for direct marketing purposes. You can also log into your user account via the relevant mobile app(s) that you have subscribed for /your TVB member ID account on our Website (when the TVB member ID account feature is made available on our Website) to adjust your marketing preferences or by following the opt-out link provided on any marketing messages sent to you, or alternatively, you can ask us to adjust by contacting us by email us at email@example.com at any time to update your preferences.On-line interest-based direct marketing
2.6 We will get your express opt-in consent before we share your personal data with any third party for direct marketing purposes.Opting out
2.7 You can ask us or third parties to stop sending you marketing message at any time by checking relevant boxes to adjust your marketing preferences by following the opt-out links provided on any marketing messages sent to you or bycontacting our Data Protection Team at any time to update your preferences.
2.8 Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration (where applicable), product or service experience or other transactions.Third party on-line marketing
2.10 If you access or seek to access our Service away from your home country (i.e. relevant to customers/users who usually reside outside the EU) and to the extent required by the Data Privacy Law, we will obtain your express ‘opt-in consent’; or, if applicable, your express ‘enhanced opt-in consent’ (see Note below) before using your personal information for sending you personalised marketing while you are staying in the EU area. You can adjust and update your marketing preferences at any time by logging into your user account and checking the relevant boxes to adjust your marketing preferences or by following the opt-out links provided on any marketing messages sent to you or by contacting our Data Protection Team firstname.lastname@example.org at any time.Note:
Any such ‘opt-in consent’ or ‘enhanced opt-in consent’ you provide shall apply to any personalised marketing that you may receive from us and/or via our Service for the duration of your stay within the EU. Any ‘direct marketing consent and advertising preferences’ you have previously given will remain effective and unaffected. We will continue to rely on such advertising preferences (for marketing outside EU) you have set earlier. You can adjust and update your marketing preferences at any time, please refer to paragraph 2.7 of Section D (How we use your personal data) click here.
Using our Website, mobile apps and Service
We regularly review this Privacy Notice and may from time to time update the terms and conditions for using our Website, mobile apps or Service (including any update to this Privacy Notice). We will tell you when this Privacy Notice has been updated. Please note that any form on our Website, mobile apps and Service that capture personal information is secured.
We do not knowingly collect data relating to children.
TVB member ID service and Cross TVB Group platforms single log in, social sharing functionality and interactive featuresSingle log in authentication functionality and synchronization of updates
5.1 By registering as TVB member ID service user, we will share your Identity and Contact information with such other companies within the TVB Group which require or accept the use of TVB member ID single login credential in the following circumstances:- when you apply to register as a TVB member ID user for the first time in order to subscribe for or access services (you have already subscribed for) of your chosen and applicable TVB Companies with Single Log-in FunctionThe sharing of your Identity and Contact Information will be to the extent as necessary to enable you to access the relevant online services offered by the applicable TVB Group company(ies). In all other cases, we will obtain your express opt-in consent before we share your personal data with other TVB Group and/or any third party.- when you download/activate/enable the mobile app(s) of the applicable company(ies) in the TVB Companies with Single Log-in Function to access/use services offered or that you have already subscribed for;- when you correct modify or update any of your Identity and Contact information held in your TVB member ID service user account; and/or- when you correct modify or update your Identity and Contact information held in your user account with any of the applicable TVB Companies with Single Log-in FunctionAs controller and processor of personal data held in the Single Log-in Function and TVB member ID user account
5.2 We (“TVB”) will be responsible for the management and processing of the items of Identity and Contact information held in the Single Log-in Function of your TVB member ID service user account as ‘controller’ as well as ‘processor’. Each of the applicable TVB Companies with Single Log-in Function supplying the relevant on-line services that you have subscribed for (or providing the relevant mobile app(s)) will also be the party controlling and managing such items of Identity and Contact information held in your TVB member ID service user account as ‘controller(s)’Social sharing functionality and interactive features
5.3 If you connect or log in our Service, the sharing of information between the Service and the relevant TVB Group company will be governed by this Privacy Notice.
5.5 Certain interactive or social media-like features available on or via the Service give you an opportunity to interact with us and others, for examples: chats, tagging, or providing comment on interest group forums.You should note that any information you submit, such as your name user location email address profile image likes status comments and views that you may express, will become accessible to other users of the Service as well as being publicly available to anyone which includes any search engines and automated application. We are not responsible for any information you or other user choose to submit and make publicly available through these interactive features. If you do not wish to share information this way, please DO NOT engage with the interactive features of the Service.
Collection of financial information by provider(s) of a Payment Service
Change of purpose
7.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
7.2 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
7.3 Please note that we may process your personal data without your knowledge or consent in line with our data privacy approach set out in this Privacy Notice, where this is required or permitted by law.
1.1 We will only use your personal data when the law allows us to.
1.2 Personal information which you provide to us or we collect from you or from a third party will be kept securely and will be used for purposes stated when the information is collected. For examples, we will use your personal information in the following circumstances:• Where we need to perform the contract we are about to enter into or have entered into with you:-- we use the information collected to provide the Service to you, including: fulfilling your subscription, creating and managing your account(s) with us, sending information to you about your relationship and transactions with us, allowing you to communicating with us updating the information we hold about you (where applicable, including the information relevant to the single login authentication functionality as held by other mobile app(s) of the relevant TVB Group companies).• Where we need to progress financial transactions.• To allow statistical analysis of information so we can plan the provision of Service:-- we will retain your transaction history and use details of the product(s) you have previously purchased to make suggestions to you for other product(s) or that we believe would also be of interest to you.• Where it is necessary for our legitimate interests (or those of a third party) and that your interests and fundamental rights do not override those interests:-- we will retain and evaluate information on your recent visits to our Website and how you move around different web pages (and how you use our Service) for analytics purposes to understand how you use our Website and Service so that we can make the Website (and Service) more intuitive.- we will keep a record of content(s) that you have clicked on via the Service, watched, or subscribed and use that information to target advertising to you that is relevant to your interests, which we have identified based on such information.- we may use your personal data where we believe to be necessary or appropriate in order to protect, enforce, or defend the legal rights/contractual obligations, privacy, safety, or property of Television Broadcasts Limited, the TVB Group or their employees, agents and contractors; protect the safety, privacy, and security of users of our Service to the extent permitted by applicable law.• Where we need to comply with a legal or regulatory obligation.- protect against fraud or other unlawful activity or for risk management purposes to the extent permitted by applicable law.Consent
1.3 Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. Please see paragraph 2 below for further details. You have the right to withdraw consent to marketing at any time by contacting us.Purposes for which we use your personal data
1.4 A description of the purposes we plan to use your personal data, and which of the legal bases we rely on to do so, and what our lawful basis/legitimate interests are where appropriate are set out in the table below.Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Disclosures of Your Personal Data [Top]TVB member ID service related
1.1 By registering as a TVB member ID service user, we will share your Identity and Contact and updates to such personal information with other applicable companies within the TVB Group and any data synchronization linked to the Single Log-in Function in any of the circumstances described in Section D, paragraph 5.1 above. Such sharing of your Identity and Contact information (as updated from time to time) will be to the extent as necessary to enable you to access the online services offered by us or log into your account with the applicable TVB Group companies.
1.3 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.Co-Branded ServicesWe may work with external unaffiliated third party in offering co-branded services or features, such as contests, activities, events or other promotions ("Co-Branded Services"). We may hold such Co-Branded Services or that such services may be hosted on the relevant third party's service. If you have consented to such use we may share information you submit in connection with the Co-Branded Service with the relevant third party. The third party's use of your personal information will be governed by the relevant third party's privacy notice.
International Transfers [Top]
1.1 Television Broadcasts Limited (a company incorporated in Hong Kong) is the data controller responsible for the Website, the Service and for the personal information we collect and hold about you. We share your personal data within the TVB Group and other external third parties:• Where we need to perform the contract we are about to enter into or have entered into with you.• Where we need to perform a contract we have entered into with another person to facilitate service provision to you.Many of our external third parties are based outside the EU or European Economic Area (EEA), so their processing of your personal data will involve a transfer of data outside the EU or the EEA. As such, these activities will involve transferring your data outside of the EU or the EEA.
1.2 In other instances, when we transfer your personal data out of the EU or EEA, we seek to ensure at least one of the following safeguards is implemented to protect your personal data:-• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield (or other arrangement as approved by the European Union) which requires them to provide similar protection to personal data shared between the Europe and the US.
Data Security [Top]
1.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
1.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
1.3 We have internal policies on data protection and information security which define our commitments and responsibilities to your privacy. We provide regular training to staff that handle personal data to safeguard against any misuse and to help ensure your personal information is looked after properly. We will not keep your information longer than it is needed or where the law states how long this should be kept. We will dispose of paper records or delete any electronic personal information in a secure way.
Data Retention [Top]
How long we retain your personal data
1.1 We will only retain your personal data for as long as reasonably necessary as the law permits to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for longer period in the event of a compliant or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
The factors we take into account in determining period of data retention.1.2 To determine the appropriate retention period for personal data, we consider:• the amount, nature, and sensitivity of the personal data;• the potential risk of harm from unauthorized use or disclosure of your personal data;• the purposes for which we process your personal data;• whether we can achieve those purposes through other means; and• the applicable legal requirements.
1.3 By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a requisite period after they cease being customers to comply with legal requirements (such as for accounting or tax purposes).
1.4 In some circumstances, you can ask us to delete your data. Please read sub-paragraph 1.2(c) of Section I below (Request erasure of your personal data).
1.5 In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your Legal Rights [Top]
1.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights: Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement. All request will be considered without delay and within ONE month of receipt as far as possible. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
1.2 You have the right to:(a) Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.(b) Request correction of your personal data. We aim to ensure that the personal information we hold about you is accurate and up to date. There may be situations where you find the information we hold is no longer accurate and you have the right to have this corrected. You can log on our Website to update your personal information, or by contacting us though we may have to verify the accuracy of the new data you provide to us.(c) Request erasure of your personal data. You have the right to have your personal data delete or remove personal data where there is no good reason for us to continue to process it where:• the data is no longer necessary in relation to the purpose for which the data was collected;(d) Object to processing of your personal data. You have the right to ask us to stop using your personal data, however this may cause delays or prevent us delivering products or services to you pursuant to your request for Service or under the existing contract you have with us. You have the right to object to processing where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.• where you have successfully exercised your right to object to processing (see below);• where you have successfully exercised your right to object to processing (see below, i.e. sub-paragraph 1.2(d));• where there is no legal basis for further processing; or• there is a legal obligation to delete the data to comply with local law.
However this will not affect the lawfulness of any processing carried out before your erasure request and that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you if applicable at the time of your request. We may not be able to provide certain products or services to you as a result and we will advise you if this is the case at the time upon your erasure request.(e) Request restriction of processing your personal data. You have the right to ask for processing of certain aspects of your personal information that we hold to be suspended or restricted in the following scenarios:• if the accuracy of the personal data is being contested, or(f) Request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.• where our processing is unlawful but you do not want it erased, or• if the personal data is no longer needed for the purpose of the processing but you need us to hold the data as it is required by you to establish, exercise or defend legal claims, or• if you have objected to the processing, pending verification of that objectionHowever, this will not affect the lawfulness of any processing carried out before your request and that we may not be able to provide certain products or services to you pursuant to your request for Service or under the existing contract you have with us. We will advise you if this is the case at the time of your request to restrict or suspend the processing of certain aspects of your personal data.(g) Right to withdraw consent where we are relying on consent to process your personal data. However this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
1.3 Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement.
1.4 If you are unhappy with the way we use your personal data, you also have the right to complain to the relevant supervisory authority for the purpose of the Data Privacy Law within the EU. We would, however, appreciate the chance to deal with your concerns by contacting us before you approach the supervisory authority so please contact us in the first instance.
Our Contact details
If you wish to exercise any of the rights set out above, please contact us by emailing our Data Protection Teamat email@example.com us at specifying what category of information is being sought:
For the attention of: Data Protection Team, Television Broadcasts Limited
Level 4 & 5, Production Centre of Shaw Studio,201 Wan Po Road,Tseung Kwan O,Kowloon,Hong Kong
No fee is usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights set out in paragraph 1.2 above). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may ask you to give us specific information to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within ONE month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
This Privacy Notice is written in English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of this Privacy Notice, the English version shall prevail.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to enhance our services/products and improve your experience in using and accessing our services/products. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation obligation means processing your personal data where it is necessary for compliance with a legal and/or regulatory obligation that we are subject to.
1 This list will be updated from time to time to reflect participating TVB Group Companies offering services access using the Single Log-in Function.