Purchasing of Merchandise
Payment: If you purchase any merchandise through YIJIAOYUN Store Service, you will be required to provide YIJIAOYUN Store information regarding your credit card or other payment instrument. You represent and warrant to YIJIAOYUN Store that such information is true and that you are authorized to use the payment instrument. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
Data Collection Principle
1.1 We may collect Personal Data from you through various means, including but not limited to instances when you: · provide your Personal Data through our Site for the purpose of registering for and creating an account; · agree for the App to access your location; · participate in a promotion or other website features;· request for a product or services information or to receive any marketing, promotional or other types of communications; · provide your ratings and review of products as a customer; · make purchases through our Site; · make enquiries or comments through our Customer Department through contact email@example.com; and/or · interact with our sales staff or with us.
1.2 In addition to the above, we may use the following technologies (elaborated below) to automatically collect information about your activities on the Site:
- Cookies · Flash Cookies · Web beacons, clear pixels, or pixel tags · Analytical tags · Web server logs · Geo-location technologies
1.3 You have no obligation to provide any of the Personal Data requested by us. However, depending on circumstances, it may be the case that if you do not provide the requested Personal Data, we may not be able to provide you with certain products and services, or transact with you, that depend on the collection, use or disclosure of your Personal Data.
YIJIAOYUN Store will/may collect, use, disclose and/or process your Personal Data for one or more of the following purposes or any other directly related purposes:
(a) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Site. Without limiting the generality of the foregoing, if you:
(i) gain access to or sign in to the Site, using your login credentials of a Social Networking Site, or (ii) use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Site,
it may result in information or your Personal Data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter). By your proceeding pursuant to (i) or (ii) above, you consent to such collection, use or disclosure of your Personal Data;
(b) monitoring, processing and/or tracking your use of the Site in order to provide you with a seamless experience, facilitating or administering your use of the Site, and/or to assist us in improving your experience in using the Site;
(c) assessing and processing your request for the purchase of and/or subscription to our products and/or services;
(d) registering you as a customer of YIJIAOYUN Store and/or to deal with, process and/or administer the account that you may open with us, including to facilitate your transactions or activities on the Site, or your transactions or activities with us;
(e) administering, facilitating, processing and/or dealing with your relationship with us, any transactions or activities carried out by you on the Site. This includes processing your application, orders and payment transactions; implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a purchase to be delivered to a third party recipient, you consent to us disclosing Personal Data that identifies you, to the said third party recipient (such as but not limited to your name). Further, you acknowledge and agree that delivery of your purchase could involve disclosure of certain Personal Data about you to bring about delivery of the same such as your name and contact details, which may be disclosed on the cover of the parcel, on an envelope or a delivery related document, as the case may be, which could be seen by third parties who view such parcel, envelope or said document;
(f) carrying out your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf including responding to your customer service enquiries and complaints; or responding to or dealing with your interactions with us;
(g) contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for the purposes of administering and/or managing your use of the Site and/or account with us, your relationship with us or any transactions made by you with us. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain Personal Data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(h) providing services to you as our account holder, as our customer, as a member of our loyalty program(s) or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;
(i) sharing or disclosing (at our discretion) your suggestions, comments, feedback or content (including audio, video etc.) (collectively “Feedback”) that you provide through Social Networking Sites to the Site, with other users of the Site or with the public, for publicity and/or promotion purposes with a view to marketing or showcasing the business of YIJIAOYUN Store, and/or to acquiring customers, and/or for the purpose of providing the public with your Feedback which may be useful for the public’s purchasing decision or for the public’s information or otherwise. This includes us disclosing your name together with your Feedback. Without limiting the generality of the foregoing, in the above regard, your Feedback and name may/will be published or shared by us on public media platforms such as the newspaper, the Internet, in our annual reports (if any) etc., and/or incorporated as part of YIJIAOYUN Store’s marketing collaterals/materials or corporate video to be disclosed to the public, and you hereby consent to the same. Do not provide us with Feedback if you do not wish for such Feedback to be disclosed to the public. If you wish to give us your Feedback without it being disclosed to the public, please separately email our Customer Department at contact firstname.lastname@example.org and head the subject of your email with the word “Confidential”;
(j) carrying out due diligence or other screening activities (including background checks) in accordance with legal or regulatory obligations (whether Hong Kong or foreign country) applicable to us or our affiliates/associated companies, the requirements or guidelines of governmental authorities (whether Hong Kong or foreign country) which we determine are applicable to us, and/or our risk management procedures that may be required by law (whether Hong Kong or foreign country) or that may have been put in place by us or our affiliates/associated companies;
(k) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with and/or investigating complaints;
(l) complying with or as required by any applicable law, court order, order of a regulatory body, governmental or regulatory requirements of any jurisdiction applicable to us, including meeting the requirements to make disclosure under the requirements of any law binding on us, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of Hong Kong or elsewhere), with which we are expected to comply;
(m) complying with or as required by any request or direction of any governmental authority (whether Hong Kong or foreign country) which we are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (including but not limited to Hong Kong Customs and Ministry of Health) (whether Hong Kong or foreign country). For the avoidance of doubt, this means that we may/will disclose your Personal Data to such parties upon their request or direction;
(n) conducting research (including customer research), surveys, market surveys, analysis and/or development activities (including but not limited to data analytics, surveys and/or profiling) to improve our services and facilities, or to improve our understanding of your interests, concerns and preferences, in order to enhance any continued interaction between yourself and us connected or in relation to the Site, or improve any of our products or services. Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face to face interview survey, by way of email or postal mail;
(o) storing, hosting, backing up (whether for disaster recovery or otherwise) of your Personal Data, whether within or outside Hong Kong;
(p) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of YIJIAOYUN Store;
(q) for marketing purpose and in this regard, we would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, contests, services and/or events hat YIJIAOYUN Store or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future:
(i) by way of postal mail, electronic transmission to your email address(es), push notifications, other forms of in-app notifications or harnessing other technologies (such as geo-location technology) for our App on your mobile device(s) or other technologies on your computers, and/or through other modes of communication that is not the 3 DNC Modes, in compliance with the PDPO. You may opt out of this or withdraw from this at any time by sending an email to our Data Protection Officer.; and/or
(ii) if you have separately expressly consented to one or more of the following 3 DNC Modes, by way of the 3 modes of communications of voice calls, text messages or faxes (the “3 DNC Modes”) to your Hong Kong telephone number, in compliance with the requirements of the PDPO.
For the avoidance of doubt, this subparagraph is without prejudice to subparagraph (n) above for which you have hereby consented to us contacting you for a survey, which you may subsequently opt out of by sending our Data Protection Officer notice;
(r) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves YIJIAOYUN Store as a participant or involves only a related corporation and there may be other third party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;
(s) to implement and maintain our information technology systems, including to store and process Personal Data in computer databases and servers located within and outside Hong Kong;
(t) anonymization of your Personal Data. In this regard, you acknowledge that Personal Data that has been anonymized to the extent that your identity could not be practicably revealed directly or indirectly is no longer Personal Data and the requirements of the PDPO would no longer apply to such anonymized data.In this connection, we will not attempt to re-identify any individuals from anonymised data or to use the information or any individuals even if re-identification is possible; and
(u) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of YIJIAOYUN Store or of its related corporations;
(the purposes set out in this paragraph 3.1 above shall be collectively referred to as the “Purposes”).
Protecting and Managing Your Personal Data
1.1 We will endeavour to take all reasonable steps to ensure your Personal Data is kept confidential and secure, and to take appropriate technical and organizational measures to prevent unlawful or accidental destruction, accidental loss, unauthorized disclosure or access or other unlawful forms of processing. We will not rent, trade, distribute or sell any Personal Data that you give us to any third party unless we receive your prior consent or applicable law permits the same.
1.2 We will put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your Personal Data. However, we cannot assume responsibility for any unauthorized use of your Personal Data by third parties which are wholly attributable to factors beyond our control.
1.3 We will take reasonable efforts to ensure that your Personal Data is accurate and complete, if your Personal Data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your Personal Data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete Personal Data arising from you not updating us of any changes in your Personal Data that you had initially provided us with.
1.4 We will also put in place measures such that your Personal Data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served by the retention of such Personal Data; and (ii) retention is no longer necessary for any other legal or business purposes directly related to the Purposes.
Request For Access And/ Or Correction Of Personal Data
1.1 You may request to access and/or correct your Personal Data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request, or to deal with your request. Please submit your written request to contact email@example.com.
1.2 For a request to access Personal Data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant Personal Data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested,[and in any event within 40 days after receiving your data access request (a) inform you in writing that (i) we are unable to comply with your data access request with the reasons, and (ii) comply with your data access request to the extent, if any, that we are able to comply with the same; and (b) as soon as practicable after the expiration of the said 40 day period, fully comply with your data access request]. The PDPO exempts certain types of Personal Data from being subject to your access request.
For a request to correct Personal Data, once we have sufficient information from you to deal with the request, we will deal with your request in compliance with the PDPO, including correct your Personal Data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction[, and in any event within 40 days after receiving your data correction request (a) inform you in writing that (i) we are unable to comply with your data correction request with the reasons, and (ii) comply with your data correction request to the extent, if any, that we are able to comply with the same; and (b) as soon as practicable after the expiration of the said 40 day period, fully comply with your data correction request]. Note that the PDPO exempts certain types of Personal Data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request.
1.3 We may also charge you a reasonable fee for the handling and processing of your requests to access your Personal Data. If so, we will provide you with a written estimate of the fee. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
YIJIAOYUN Store's Proprietary Rights
Service Content, Software and Trademarks: You are only authorized to use the YIJIAOYUN Store Service for the purpose of engaging in business transactions with YIJIAOYUN Store. You may not use any automated technology to scrape, mine or gather any information from YIJIAOYUN Store Service or otherwise access the pages of YIJIAOYUN Store Service for any unauthorized purpose. If you are blocked by YIJIAOYUN Store from accessing YIJIAOYUN Store Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying the YIJIAOYUN Store Service or distributed in connection therewith are the property of YIJIAOYUN Store , our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
YIJIAOYUN Store Service may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by YIJIAOYUN Store , you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the YIJIAOYUN Store Service or the Service Content, in whole or in part. Any use of the YIJIAOYUN Store Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by YIJIAOYUN Store.
The YIJIAOYUN Store name and logos are trademarks and service marks of YIJIAOYUN Store (collectively the “YIJIAOYUN Store Trademarks”). Other company, product and service names and logos used and displayed via the YIJIAOYUN Store Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to YIJIAOYUN Store . Nothing in these Terms of Service or the YIJIAOYUN Store Service should be construed as granting any license or right to use any of YIJIAOYUN Store Trademarks displayed on the YIJIAOYUN Store Service, without our prior written permission in each instance. All goodwill generated from the use of YIJIAOYUN Store Trademarks will inure to YIJIAOYUN Store's exclusive benefit.
Third Party Material: Under no circumstances will YIJIAOYUN Store be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.YIJIAOYUN Store may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of YIJIAOYUN Store , its users or the public.