Privacy

PRIVACY & COOKIES NOTICE

Last updated: 16 April 2019

  1. This Privacy Policy for TVB Anywhere Limited (“we”, “us” or “our”) applies only to information submitted and collected through your use of our website plus.tvbanywhere.com (“Website”), registering or creating a membership account, downloading or using our applications for mobile devices or smart televisions (“Apps”), installing or using our OTT Box (“TV Box”) (Website, Apps, TV Box are collectively referred to as the “Service”). By submitting your personal identifiable information, you agree to this Privacy Policy, as updated from time to time. This Privacy Policy is incorporated into and forms part of our Terms of Use.
  2. We regularly review this Privacy Policy and will post any changes to this Privacy Policy on our Website, TV Box and Apps. By continuing to use our Service after any amendments to this Privacy Policy, you are agreeing to this Privacy Policy as revised, so please do visit the Website periodically for updates.
  3. AN IMPORTANT NOTE TO USERS OUTSIDE OF HONG KONG. If you are a non-Hong Kong user of the Service, by visiting the Website or using the Service and providing us with personal data, you acknowledge and agree that such personal data may be processed for the purposes identified in this Privacy Policy. In addition, the personal data may be processed in the country in which it was collected and in other countries, including Hong Kong, where laws regarding processing of personal data may be less stringent than the laws in your country. By providing the personal data, you expressly consent to such transfer. If you are accessing our Service whilst you are in the EU, please refer to our Privacy Notice (EU)
  4. COLLECTION OF PERSONAL DATA

  5. We collect your personal data when you access or apply for our Service or register to be a user of our Service. It is also the case that data relating to your access or use of our Service are collected from you when you use our Service.
  6. Personal information that we may collect from you includes information you provide when you:
    1. Personal information that we may collect from you includes information you provide when you:
    2. enroll to take part in any of our activities; and/or
    3. request or purchase a product or service from us.
  7. Information so collected includes:
    1. information you provide when you register for the Service or request/purchase a product or service from us, such as your salutation, first name and surname, email address, telephone number, address or postal code, and payment method;
    2. information you provide to our support service or during other customer communications;
    3. where applicable, information about your computer, phone or other web enabled device (collectively, the "Device"), which may include mobile app token, the types and configurations of browsers, language settings, geo-location and location of your device, device type/manufacturer, Internet Protocol (IP) address (and domain names), operating system type and version, network type, and Internet service providers; and
    4. information about your usage of the Service, which may include the time/duration and the contents and pages visited or the Service used (access log). Please see Cookies section below for further information.
  8. Should you be on occasion providing personal data concerning a third party to us, in each of such event, you are required to comply with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) ("Ordinance") by first obtaining the authorization of such individual(s) before using, disclosing and transferring their personal data to us (including giving consent on their behalf to our possible use, disclosure and transfer of their personal data) for the relevant Purposes (as defined in the Use of Personal Data below). 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 can be contacted for further information.
  9. USE OF PERSONAL DATA

  10. You must provide to us the personal data required if you want us to process your application or registration to our Service. Personal data provided by you will be used by us for the following purposes and any purposes related to and/or for the furtherance of any of these purposes (collectively "Purposes"):
    1. application, administration, continuation and termination of the use of our Service;
    2. enabling the provision of our Service;
    3. processing and completing transactions requested by you;
    4. facilitating communication between you and us, so that we can send you news about our Service such as features, content available on the Service, technical notices, updates, security alerts, etc.;
    5. to the extent permissible under applicable laws, direct marketing of our Service, notifying you of promotion, special offers or new products information;
    6. conducting credit reference checks;
    7. processing billing and payment, determining amounts outstanding, and, if necessary, collection of outstanding payments;
    8. enabling the daily operation of and managing your user accounts in relation to the Service;
    9. handling and following up service calls, enquiries and complaints;
    10. verifying your identity;
    11. enabling us to comply with our obligations to interconnect and other industry practices;
    12. meeting the requirements to make disclosure to any governmental authority in Hong Kong and overseas jurisdictions under the requirements of any law binding on us;
    13. enabling us to provide other services better tailored to your needs;
    14. enabling us to provide you with the most effective service in different locations, devices, connectivity and situations;
    15. helping us to monitor and analyze trends, usage and activities in connection with our Service;
    16. enabling us to better understand the demographics of our users;
    17. conducting research in relation to our Service provided by us;
    18. performing statistical analysis of your behavior and interest in any service provided by us;
    19. customer profiling;
    20. making suggestions and recommendations to you and other users of our Service or goods and services that may interest you or them;
    21. if it becomes necessary that we have to take action against you for any reason whatsoever including without limitation recovering from you any money you owe us, you expressly agree that the personal data provided by you can be relied upon in identifying and taking legal action against you;
    22. to the extent as permitted by applicable law and subject to your consent (see Direct Marketing> section below), communicating with you, either directly or through one of our affiliates or partners, for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us; and
    23. any other purposes as may be agreed by you from time to time.
  11. You warrant to: (a) provide us true, accurate, current and complete personal data about yourself; and (b) update the foregoing data from time to time. We may suspend or terminate your membership account or refuse your access to the Service or any part thereof without notice or accepting any liability if we suspect that you have breached this provision.
  12. DIRECT MARKETING

  13. Subject to your consent, we intend to use your personal data (including your name, telephone numbers and email address, region, gender, age range, and month of birth, and record of use of the Service) for direct marketing purposes.
  14. We may not so use your personal data unless we have received your consent (which includes an indication of no objection). We may use your personal data in relation to the following classes of products and services that we, other companies in the group of companies of our parent company Television Broadcasts Limited ("TVB Group"), and our business partners may offer:
    1. products, services, news, rewards, promotions and events related to or offered by us and/or the TVB Group and/or our business partners;
    2. joint promotion rewards and with merchants and business partners offering discount and other benefits to use of our Service from and in relation to products and services of or relating to the following industries: entertainment, media and public relations, telecommunications internet connectivity, mobile applications and software, computer peripheral), lifestyle, retail, leisure and sports, sports activities and membership, spa and relaxation activities, household, apparel, food and beverage, transportation and tourism, software, fashion and accessories, electronics, e-commerce, music, gaming, education, environmental, health and wellness, non-profit, information technology, social networking, parenting, financial and property.
  15. The above direct marketing may be conducted by us and/or:
    1. any of the companies within the TVB Group;
    2. our business partners providing any of the products and/or services set out in paragraph 11 above;
    3. by an agent on behalf of us, any member company of the TVB Group or our business partners providing the aforesaid products and services.
    For such purposes, your personal data held by us described in paragraph 11 above may be provided to all or any of the persons described in this paragraph for gain for use by them in marketing those products and services.
  16. We may not so use or provide your personal data unless exempted from the Ordinance or we have received your written consent (which includes an indication of no objection).
  17. If you wish to withdraw your consent to the use and provision of your personal data for direct marketing at any time, you may opt-out of receiving such materials or communications from the relevant company within the TVB Group and/or our business partners by logging on your user account to adjust your marketing preferences, or by following the opt-out link provided on any marketing messages sent to you, or by writing a request to us at dataprivacy@tvbihk.com. We may ask you to provide certain details about yourself so that we can be sure you are the person to whom the personal data refers. We may charge you a reasonable fee for processing such access requests. We shall seek to remove your personal data from our list for direct marketing within ten (10) working days after we receive your notification.
  18. DISCLOSURE

  19. We will take all practicable and reasonable steps to protect personal data from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction or loss. We may transfer and/or disclose such data to the following parties for any of the Purposes as set out in this Privacy Policy:
    1. our employees and officers;
    2. any agents, suppliers, contractors, professional advisors, insurers, other network operators or third party service providers who provide administrative, telecommunications, computer and other services to us and/or the relevant service(s) in connection with our Service;
    3. any person to whom we are under an obligation to make disclosure under the requirement of any law binding on us or for the purposes of any guidelines or codes of practice issued by regulatory or other authorities with which we are expected to comply;
    4. any actual or proposed assignee, transferee or successor of or to our rights in respect of your personal data if we decide to sell any relevant part of our business;
    5. governmental or regulatory authorities or other third parties assisting us in detecting, investigating, preventing or otherwise addressing fraud, security, or technical issues.
  20. We may also transfer any information we hold about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of a corporate reorganization or other change in corporate control. If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will ensure the confidentiality of any of your personal data involved (if any) in such transactions and provide reasonable notice before your personal data are transferred and becomes subject to a different privacy policy. An update to this Privacy Policy will be posted on the Website, TV Box and Apps subsequently.
  21. We may transfer and/or disclose necessary such data in connection with the establishment of legal claims or defences, to obtain legal advice, to exercise and defend our legal rights or to protect the life, body or property of any individual. This also applies when we have ground to believe that disclosing the personal data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by activities causing such interference.
  22. If necessary, we may transfer your personal data to places outside Hong Kong or from the country you are located for carrying out the Purposes (or the directly related purposes) specified above, for which the personal data were collected. Where such a transfer is performed, it will be done in compliance with the prevailing requirements of the Personal Data (Privacy) Ordinance, Cap 486 of the laws of Hong Kong.
  23. COOKIES

  24. Cookies are small bits of information that are automatically stored on your Device when you visit or access our Website. There are other similar technologies such as pixel tags, web bugs, web storage and mobile device identifiers, which are used in desktop software or mobile devices. The information collected by “cookies” is anonymous aggregated research data and contain no name or address information or any information that will enable anyone to contact you via telephone, email or any other means. Some of the cookies we use in our Service are required to enable you to transact whilst other cookies enable us to give you an enhanced, personalized browsing experience and manage/improve design of our Service. Whilst most web browsers automatically accept cookies, you can edit your browser options to block them. However, please be aware that if you choose to delete or restrict cookies, you may not be able to use some of the functions or access certain areas of our Service. For detailed information on how we use cookies and the purposes for which we use them, please see our Cookie Policy. If you use or continue using our Service, we will assume that you are happy for us to set cookies.
  25. SECURITY OF PERSONAL DATA

  26. Except as provided in Disclosure section above, your personal data will be accessed only by our employees or contractors who are authorized to do so. Employees and contractors designated to handle personal data will be instructed to do so only in accordance with this Privacy Policy. We have implemented reasonable security measures to safeguard your personal data from unauthorized access, disclosure, use and modification. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no transmission over the Internet can be guaranteed to be completely secure.
  27. RETENTION OF PERSONAL DATA

  28. We will retain your personal data for as long as necessary to fulfill the Purposes for which such personal data was collected. We will then destroy such data unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect our interests.
  29. ACCESS TO AND UPDATE OF PERSONAL DATA

  30. You may at any time:
    1. request access to and correct personal data relating to you in any of our records;
    2. ask us to remove your personal data from any active mailing or distribution list; or
    3. cease to use your personal data and terminate your use of the Service subject to our Terms of Use.
  31. To exercise any of your foregoing rights, or if you have questions regarding our privacy practices, please contact us at the following marking your communication “Confidential” and specifying which part or category of our Service that you have registered for:

    nbsp;

    TVB Anywhere Limited
    9th Floor, Main Block,
    TVB City, 77 Chun Choi Street,
    Tseung Kwan O Industrial Estate,
    Tseung Kwan O, Kowloon,
    Hong Kong
    Email Address: dataprivacy@tvbihk.com

    In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the personal data refers. We may charge you a reasonable fee for processing such access requests. Please note that all information other than the personal data that you send through to this email address will not be considered or treated as confidential information. Do not send us through email any information, ideas, suggestions, proposals or comments that you consider confidential or that you want to be treated as confidential

  32. LINKS TO THIRD PARTY WEBSITES

  33. Our Service may include links to other services or sites. This Privacy Policy applies to our Service only. You are exposed to cookies that are not our responsibility when you access to linked sites or other services, and any information you submit to linked sites or other services will be subject to the privacy policies of those sites or services (if any). You are advised to review the relevant policies carefully before providing any information to those linked sites or services.
  34. GENERAL

  35. Your telephone conversations with our staff may be recorded, retained and used as evidence by us without further notice.
  36. If any part of this Privacy Policy shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from this Privacy Policy and shall not affect the validity and enforceability of any of the remaining provision of this Privacy Policy.
  37. This Privacy Policy is subject to change. Any changes will be posted on our Website, Apps and/or TV Box. Your continued use of our Service after the posting of such changes indicates your acceptance to the same.
  38. This Privacy Policy shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising here from shall be subject to the jurisdiction of the courts of Hong Kong.
  39. If there is any inconsistency or conflict between the English and Chinese version of this Privacy Policy, the English version shall prevail.
  40. Last Updated: 16 April 2019