Thakoon Privacy Policy

 

LAST UPDATED: August 1, 2016

Thakoon (HK) Limited operates the Thakoon website located at www.thakoon.com (the Site), and together with Thakoon, LLC and other subsidiaries and/or affiliates of the group (Thakoon or we or us), collect personal information relating to customers (you) through your use of the Site. This policy (Privacy Policy) sets out Thakoon’s personal information collection and sharing practices in relation to the personal information that we collect about you.

Further notices highlighting certain uses we wish to make of your personal information together with the ability to opt in or out of selected uses may also be provided to you when we collect personal information from you.

Please note that if you do not provide us with your personal information, we may not be able to provide the information, products or services you need or process your request.

This Site contains links to other third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you provide any personal information to such third party websites.

This Privacy Policy is intended to explain our privacy practices and covers the following areas

1 Information we may collect about you

1.1 We may collect and process the following personal information about you:

(a) Information that you provide by filling in forms or upload on the Site, which includes your first and last name, email address, shipping address, billing address, phone number and credit card type, number and expiration date. (Please note our payment service is administered by our third party payment service provider and we cannot see and do not collect or store your credit card information.)

(b) Information including your first and last name, shipping address, email address provided at various points on our Site when you register to use our Site, search for a product, place products in your cart, place an order on the Site, make an enquiry about our products, enter a competition, promotion or survey, and when you report a problem with the Site.

(c) If you contact us, we may keep a record of that correspondence or details of any conversation we may have with you. The correspondence and conversations may relate to the products, customer care, after sale service (e.g. shipping information, refund process, product warranties) and Site operation, and we may collect information which includes your first and last name, email address, shipping address, billing address and phone number for this purpose.

(d) We may also ask you to complete surveys in order to use your response for research purposes, although you do not have to respond to them.

(e) Details of transactions you carry out through our site or through other channels and of the fulfilment of your orders.

(f) Details of your visits to the Site and information collected through cookies and other tracking technologies including your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access as set out in paragraph 6 below. Personal information you provided when you visit the Site can be identified and linked to any other person who subsequently visits the Site and who is identified as you through the use cookies or any other tracking technologies,

(g) We may receive information about you from selected third parties (as further set out in paragraph 3 below). In order to provide you with information, services or goods you have requested, to enhance our ability to serve you, and to tailor our content to you, we may combine the information we receive from those other sources with information we collect through the Site. In those cases, we will apply this Privacy Policy to the combined information.

2 Uses made of your personal information

2.1 We may use your personal information in the following ways:

(a) to decide whether to enter into a transaction with you;

(b) to process and fulfil your orders;

(c) to provide after-sales services to you, including but not limited to administering return or refund policies;

(d) to provide you with the information, products and services that you request from us;

(e) to notify you about changes to our products and services;

(f) to administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

(g) to allow you to participate in interactive features of the Site if available, when you choose to do so (for example, if you elect to register with the Site, to manage your account and verify that your email address is active and valid);

(h) to analyse, measure or understand the effectiveness of advertising we serve to you and others and to enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read);

(i) to analyse it in order to understand our product and service delivery to you, improve your customer experience and deliver relevant advertising to you;

(j) to ensure that content from our Site is presented in the most effective and personalized manner for you and for your device;

(k) to anonymize personal information in order to prepare and furnish aggregated data reports showing anonymized information (including, but not limited to, the following: compilations, analyses, analytical and predictive models and rules, and other aggregated reports) and use the reports to better understand customer trends and shopping patterns and for other business purposes;

(l) to protect against, address and prevent fraud, unauthorized activities, claims and other liabilities, and manage risk exposure and enforce legal and contract obligations; and/or

(m) to comply with any applicable law and our policies.

2.2 We may also use your information for marketing our own and selected third parties’ products and services to you by email and, where required by law, we will ask for your consent at the time we collect your data to conduct any marketing.

2.3 You have the right to ask us not to process your personal data for marketing purposes. We will inform you and/or request your consent if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in paragraph 5.3(a) below.

3 Disclosures to third parties

3.1 We may disclose your personal data among subsidiaries and affiliates of the group and to selected third parties set out in paragraphs 3.2 to 3.4 below and permit them to use your personal information, for the purposes set out in paragraph 2 above who will be subject to obligations to process such information in compliance with the same safeguards that we deploy. All such disclosures will only be made in accordance with applicable laws. The list of third parties receiving your personal data can be accessed under our third parties list and will be updated regularly.

3.2 We may disclose your personal information to our agent, contractor or third party service provider who provides administrative, payment, delivery, computer, technology outsourcing, hosting, cloud services, marketing, advertising, analytics and other services to Thakoon in connection with the operation of the Site and the provision of products and/or services to you.

3.3 We may also disclose your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world where Thakoon is required or authorized by applicable law to do so or in order to enable Thakoon to enforce our Site terms and conditions and to comply with its regulatory requirements or dialogue with its regulators as applicable.

3.4 In the event that Thakoon (or a part thereof) is (i) subject to negotiations for the sale of its business or (ii) is sold to a third party or (iii) undergoes a re-organisation, you agree that any of your personal information which it holds may be disclosed to such party (or its advisors) as part of any due diligence process or transferred to that re-organised entity or third party and used for the same purposes or for the purpose of analysing any proposed sale or re-organisation.

4 Transmission, storage and security of your personal information

4.1 No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with applicable data protection legislative requirements. Despite our efforts, no data security measures can guarantee 100% security.

4.2 All your information you provide to us is stored on our and/or our service providers’ secure servers (or secure hard copies) and accessed and used subject to our security policies and standards. Information about our security policies and standards will be made available on request. We will take reasonable measures to protect the security and confidentiality of your personal information through contractual measures with our services providers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site or any other portal we operate, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.

4.3 Your personal information may be stored in, or accessed by, or transferred to our staff (in particular persons of IT department, financial department, marketing department, operation department and retail department) or service providers or other third parties specified in this Privacy Policy who are located in Hong Kong, the U.S. and/or any other destination outside the European Economic Area (EEA) in which data protection laws may be of a lower standard than in the EEA for data service purposes (storage, maintenance and security). The above transfers of personal data will be made in accordance with applicable data protection legislative requirements. In any event, in case of transfer of personal data outside the EEA in countries not covered by an adequacy decision of the European Commission, Thakoon shall ensure an adequate level of protection of that data by imposing the same data protection safeguards that we deploy inside the EEA and/or by entering into standard contractual clauses adopted by the European Commission. The list of third parties receiving your personal data is set out in the link provided in paragraph 3.1 of the Privacy Policy.

4.4 We will retain your personal information for as long as is necessary for the processing purpose for which they were collected. Certain correspondence may be retained until the time limit for any legal challenges has expired or in order to comply with regulatory requirements regarding the retention of such data. Data may also be retained for or included in analysis carried out by Thakoon with respect to its own business.

5 Your rights & contacting us

5.1 Applicable data protection laws may give you the right to access and correct and erase personal information that we hold about you. We will comply with our obligations to provide you with access to your personal information (or erase it) and to correct any inaccuracies we are informed of in accordance with applicable data protection laws. Where permitted to do so, complying with your request may be subject to a fee to meet our associated costs. With respect to accessing your personal information, there may be certain categories of information we are entitled not to provide in accordance with the law.

5.2 We will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by updating your details by contacting us as set out in paragraph 5.3(a) below. You can also object at any time, on legitimate grounds, to the processing of your personal data by contacting us as set out in paragraph 5.3(a) below.

Contacting us

5.3 Thakoon (HK) Limited and/or Thakoon, LLC is the data controller in respect of your personal information under this Privacy Policy. Your personal information will be accessible only by those authorized persons who have a valid work-related need to have access thereto, in particular persons of IT department, finance department, operations department and marketing department.

(a) Thakoon (HK) Limited, a company incorporated under the laws of Hong Kong with a registered address at 9/F, 822 Lai Chi Kok Road, Cheung Sha Wan, Kowloon, Hong Kong, operates the Website.

(b) Thakoon, LLC is a company incorporated under the laws of the State of Delaware with a registered address at 70-72 Wooster Street, New York, New York, United Sates of America.

5.4 We can be contacted in relation to your rights or any questions you may have in respect of this Privacy Policy or our processing of your personal information at the following addresses:

Title: Privacy Officer

Email: Privacy@thakoon.com

Post: 9/F, 822, Lai Chi Kok Road, Cheung Sha Wan, Kowloon, Hong Kong

6 Cookies Policy

For detailed information on the cookies we use and the purposes for which we use them see our Cookies Policy.

7 Changes to our Privacy Policy and/or Cookies Policy

We may change the content of our Site or services, and consequently our Privacy Policy and/or Cookies Policy may change at any time in the future. Any changes we may make our Privacy Policy and/or Cookies Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. We therefore encourage you check frequently to stay informed of how we are using personal information.

8 Country specific provisions

8.1 If you are an Austrian customer, the following provisions apply:

(a) The following clause 4.5 shall be added to the Privacy Policy.

“4.5 You consent to the transmission of your personal data to, and/or storage of your personal data at, Hong Kong, the U.S. and/or any other destination outside the European Economic Area (EEA) in which data protection laws may be of a lower standard than in the EEA. You may revoke this consent at any time by sending an e-mail to privacy@thakoon.com.

8.2 If you are an Australian customer, the following provisions apply:

(a) In addition to the Privacy Policy, the following Australian collection notice applies when we collect personal information about you through your use of the www.thakoon.com website:

Australian collection notice

Thakoon (HK) Limited, Thakoon, LLC, together with other members of its group (Thakoon or we or us) are committed to compliance with data protection laws. You can contact us by post at Attn: Privacy Officer, 9/F, 822, Lai Chi Kok Road, Cheung Sha Wan, Kowloon, Hong Kong, or by email at privacy@thakoon.com.

This document is our Australian collection notice, which required under Australian law to be given to customers (you) when we collect through personal information about you, including through your use of the www.thakoon.com website (the Site).

We collect, hold, use and disclose personal information about you (including your name, postal address and other contact details) to process and fulfil your orders, provide you with the information, products and services that you request from us and to otherwise administer and manage our relationship with you. We will collect your personal information from you where possible (including when you deal with us via our Site, contact us by telephone or email or speak with one of our representatives). If you provide us with the personal information of another person (such as family member or other individual for shipping or delivery purposes), you must make them aware of the matters contained in this collection notice. If you do not provide us with your personal information, we may not be able to provide the information, products or services you request or otherwise manage our relationship with you.

We may:

  • collect personal information about you from third parties (including if a family member or other person provides your details for shipping or delivery purposes), but we will take reasonable steps to ensure that you are aware of the matters contained in this collection notice; and
  • disclose your personal information to our related parties, to government bodies, courts and regulatory authorities where required or authorised by law and also to our insurers, service providers (including postal authorities, freight carriers, delivery contractors and information technology providers) and professional advisors.

In some circumstances, we may hold your personal information in, or disclose your personal information to our related companies, contractors, agents or third party service providers in, countries outside Australia, including in the United States of America, Hong Kong and other countries within the European Economic Area.

We will otherwise collect, hold, use and disclose your personal information in accordance with our Privacy Policy, a copy of which is set out above or which can be accessed at our Privacy Policy. Our Privacy Policy sets out how you may access and correct the personal information that we hold about you, how to make a complaint relating to our treatment of your personal information and how we will deal with any complaints.

(b) The following clause 5.5 shall be added to the Privacy Policy.

“5.5 If you believe that your privacy has been breached, please contact us using the contact details out in paragraph 5.4 and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by applicable data privacy laws). After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view. If you are unhappy with our response to your complaint, you may have a right to lodge a complaint with the data protection or privacy regulator or government authority in your country. You will need to contact that regulator or authority directly with your further complaint.”

8.3 If you are a German customer, the following provisions apply:

(a) The following clause 3.5 shall be added to the Privacy Policy.

“3.5 Your personal information will not be disclosed as part of any due diligence process or for the purpose of analysing any proposed sale or re-organisation unless your consent is obtained.”

8.4 If you are a Hungarian customer, the following provisions apply:

(a) The following clause 2.4 shall be added to the Privacy Policy.

“2.4 Please note that we may use your personal data for purposes 2.1(d) – (k) on the basis of your explicit and freely given consent, on the basis of Section 5(1) a) and Section 8 (1) a) of the Act CXII of 2011 on the right to informational self-determination and freedom of information (“Hungary Data Protection Act”) and for purposes 2.1(a) – (c) and (l) - (m) on the basis of statutory authorization, in particular Section 13/A of the Act CVIII of 2001 on certain issues of electronic commerce services and information society services (“Hungary E-Commerce Act”).”

(b) The following clause 3.5 shall be added to the Privacy Policy.

“3.5 Your personal information will not be disclosed as part of any due diligence process or for the purpose of analysing any proposed sale or re-organisation unless your consent is obtained.”

(c) The following sentence shall be added to clause 4.3:

“Please note that Hong Kong, the U.S. and/or any other destination outside the European Economic Area (EEA) may not provide an adequate level of protection as defined in the Hungary Data Protection Act.”

(d) The following clause 4.5 shall be added to the Privacy Policy.

“4.5 We will process your personal information until the end of period set out by the Hungary E-Commerce Act, and described more closely in paragraph 4.5(i) & 4.5(ii) below.

(i) When we process your personal information for the purpose of contract conclusion, monitoring the performance, invoicing, enforcement of claims, then we must delete your personal information when the conclusion of contract has been failed or the contract has been terminated or after invoicing has been taken place.

(ii) When we process personal data for other purpose (e.g. sending marketing material), we must delete your personal data once the respective purpose has been ceased (i.e. the final period is the end of customer relationship) or upon your request for deletion.”

(e) The following clause 5.5 shall be added to the Privacy Policy.

“5.5 You will also be entitled to the following rights and remedies. You may ask for the following:

(i) ask for information about the processing of your personal information,

(ii) ask for correction of your personal information, and

(iii) ask for deletion of your personal information (this means that your information will be made unrecognizable in an irretrievable form), and

(iv) ask for blocking of your personal information, (this means that your information will be marked with a special ID tag to restrict the processing for indefinite or definite time), and

(v) object to the processing of your personal information (this means a declaration in which you may object to the processing and ask for the termination of the processing and/or deletion of your information processed), and

(vi) in case of breach of your rights turn to the Hungarian Data Protection Authority (1125 Budapest, Szilágyi Erzsébet fasor 22/C.; telefon: +36-1+391-1400; telefax: +36-1-391-1410; e-mail: ugyfelszolgalat@naih.hu, website: http://www.naih.hu) and to the court (you may decide to file a lawsuit before a court in whose jurisdiction your home address or temporary residence is located).

Please turn to the Hungary Data Protection Authority or court only as a last instance. We are willing to cooperate with you to find a mutual solution. So if you have any questions, concerns or requests about the processing of your personal information, please do contact us. You may find our contact information under paragraph 5.4 . We will respond to your request at our earliest convenience, but no more than 15 days as from the date of receiving your request (unless when the Hungary Data Protection Act provides otherwise).”

8.5 If you are an Italian customer, the following provisions apply:

The following clause 5.5 shall be added to the Privacy Policy.

“5.5 You are entitled to:

(i) ask for confirmation on the existence of your personal data in our possession, and to receive such data in a readable form;

(ii) ask for the indication of the origin of your personal data, of the purposes and modalities of processing, of the logics applied in case of processing through electronic means, the identity of the data controller and the data processor and representative in Italy, the entities of categories of entities to whom the data may be communicated or who may become aware of the data.

(iii) obtain the update, rectification, or, if you have an interest to this end, integration of data, cancellation, anonymisation, or block of data processed in breach of the applicable law, confirmation of the above operations under (iii), and

 

(iv) oppose the processing, in whole or in part, for legitimate reasons, or oppose processing for advertisment, marketing and market research purposes.”

8.6 If you are a Polish customer, the following provisions apply:

(a) The following clause 3.5 shall be added to the Privacy Policy.

“3.5 Your personal information will not be disclosed as part of any due diligence process or for the purpose of analysing any proposed sale or re-organisation unless your consent is obtained.”

8.7 If you are a South Korean customer, the following provisions apply:

(a) The following clause 4.5 shall be added to the Privacy Policy.

“4.5 The following categories of your personal information will be retained by us for the duration of the periods specified below.

(i) Retention under applicable laws and regulations

If required under the Law on Protection of Consumers in E-Commerce and other applicable laws and regulations, we will retain your personal information for the period specified under such laws and regulations. In such case, we will use your personal information only for the purpose of retaining such information. The retention periods are as follows.

 

Records on Contracts or Cancellation of Orders

Purpose: Law on Protection of Consumers in E-Commerce

Period: 5 years

 

Records on Payment and Goods and Services

Purpose: Law on Protection of Consumers in E-Commerce

Period: 5 years

 

Records on Electronic Financial Transactions

Purpose: Electronic Financial Transactions Law

Period: 5 years

 

Records on Consumer Disputes and Resolution

Purpose: Law on Protection of Consumers in E-Commerce

Period: 3 years

 

Records of Website Visits

Purpose: Communications Secrets Law

Period: 3 months

(ii) Procedure and method for destruction of personal information

The process and means of destroying your personal information are as follows.

A. Procedure

Your personal information will be transferred to a separate database (or separate document file for paper documents) and destroyed after storage for a certain period pursuant to our internal policy or applicable laws and regulations (please refer to the provisions on retention and use period).

Such personal information will not be used for any purpose other than the purpose permitted under the applicable laws and regulations.

 

B. Method

The personal information that has been printed on paper will be shredded through the use of document shredder or incinerated.

The personal information stored in electronic file form will be deleted by using technical means that will not allow data recovery.