Data Protection and Privacy Statement of Top Selections Ltd.
Data protection and privacy is very important to us, Top Selections LTD (hereinafter “TS” or “we” or “us” or “organizer”), 1010 Miramar Tower, 132 Nathan Road, Tsam Sha Tsui, Kowloon, Hong Kong. In our position as data controller we would like to inform you of the nature, scope, and purposes of any collection, storage, transfer, and/or use of personal data, complying in the process, already at this time, with the specifications of the EU General Data Protection Regulation (GDPR). For this reason, the relevant standards are already mentioned at this time in this data protection and privacy statement. You can contact us anytime either via our postal address or by e-mail at the following address: email@example.com.
You can reach our data protection officer at: firstname.lastname@example.org
This statement provides you with information on all aspects of our offering that are relevant in terms of data protection and privacy, particularly:
- the collection and storage of your personal data,
- the transfer and use of your personal data, and
- your rights
- Which personal data we collect and store
If you utilise our offering and/or use our website by filling out the entry fields and/or contact us and/or merely visit our website, we may collect personal data as follows:
- Personal data that you provide us by utilising our offering and/or using our website may be collected. If one or several provisions of this Agreement should be or become lawfully ineffective, this shall not impair the validity of the other provisions. The invalid provision will be replaced as quickly as possible with another provision most closely approximating the economic intent and content of the invalid provision. “Personal data” include, in particular, your name, address, e-mail address, phone number, and any interests, etc., that may be identified in surveys.
- To the extent when you enter into a contract on our website or issue a declaration of intent, we store the information for an order and, if any, payment details associated therewith.
- To the extent that you answer any questions regarding your preferences, interests, user behaviour, etc. after becoming a member of our community or participate in any of our competitions/prize draws and/or your interests become apparent because you sign up for a sample subscription or similar items, we will also store this information in order to establish a personal user profile that enables interest-driven, optimised direct marketing.
- We also collect and process personal data that you provide to us by contacting us.
- Personal data that may be collected through your visit to our page, particularly data traffic, location and time information, IP addresses, and other communication information provided through the use of your computer.
Further data – such as, in particular, local times, time zones, and usage data – may also be stored in addition to the data specified above.
Statistical data may be collected and used in the case of a visit to our website. “Statistical data” means, among other things, data regarding the use of a particular Internet browser and the browser version.
- How and why we process and transfer your personal data, and what it is used for
The data collected during registration to one of our “selections” communities is used to inform you and/or provide you with exclusive deals from our partners. (Article 6(1)(b) GDPR).
The data collected during registration to the skill games and the prize draw is used to conduct the prize draw, determine the winner, handle the awarding of prizes and notify the winner and transmit the prize (Article 6(1)(b) GDPR).
If, after the conclusion of the prize draw, declarations of intent for purchase, service, or other contracts with external companies are received, the data collected, where applicable, and further data collected on a contract-specific basis will be disclosed to the external company or companies in question. Otherwise those companies cannot use the data to establish or perform a contract or contracts (Article 6(1)(b) and (f) GDPR).
Based on the participation agreement that is entered into and in the event of an online participation in a skill game and/or prize draw, TS will collect and process your personal data. This agreement requires that you provide your personal data if and insofar as you wish to participate in our communit(y)ies, skill games and the prize draw’s offering. The data processing takes place for both our own direct marketing (Article 6(1)(b) GDPR) as well as for our sponsors to also enable them to engage in individual, demand-driven direct marketing that is tailored to you via the channels of e-mail, mail, phone, and text message (Article 6(1)(b) GDPR).
Processing your personal data would be in accordance with declaration of consent for advertising and marketing purposes, via phone, text messages, email, mail and/or the disclosure of data for direct marketing purposes for the mentioned sponsors of the prize draw that may have been issued separately; this also takes place within the scope of our legitimate interests as established by your relevant consent (Article 6(1)(f) GDPR).
TS assumes that the consent to receive advertising by phone, text message, e-mail, and mail from us and our sponsors, which is to be declared separately, also constitutes consent for purposes of data protection and privacy law to the processing of your personal data with the result that – in addition – the relevant, aforementioned data processing is also permitted pursuant to (Article 6(1)(a) GDPR).
Possible sectors that you may expect to receive advertisement about are:
|Description and examples
|News & Media
It may be the case that an analysis of your affinities, interests, and preferences is performed before the data is used for direct marketing and/or disclosed to sponsors. To this end, the answers that you will provide after registering to our communit(y)ies, skill games and the prize draw’s may also be analysed, and a profile may be established in order to enable more targeted performance of direct marketing measures by us and our sponsors, if any (Article 6(1)(f) GDPR).
Using the data obtained, particularly those from our communit(y)ies, skill games and surveys following the prize draw registration page, we will create a “user profile” of you in order to be able to offer you an interest-driven service that is geared towards your individual needs and requirements. By creating this profile, we may categorise personal aspects, such as your interests and preferences, through automated processing of your data in order to make it possible for both us and our sponsors to send you exclusive advertising and offers that match you profile.
TS frequently receives – provided that your end device supports this function – confirmation of which e-mails from us you open and how you proceed with the e-mail. This helps us to understand your interests and supports us in making the offers more useful interesting, tailor-made to you in the future (Article 6(1)(f) GDPR).
Assertion, if any, of your rights (Article 6(1)(c) and (f) GDPR) as provided in Sec. 5 of this data protection and privacy statement also leads to collection and processing of your personal data.
Disclosure of your personal data may take place in cases in which we are under a legal obligation of disclosure (Article 6(1)(c) GDPR) or to the extent that disclosure should be necessary to enforce other rights/demands or for purposes of legal defence, if and insofar as these are based on the legitimate interests of the organiser or other third parties (Article 6(1)(f) GDPR). The same applies in the event of (also partially) purchase or sale of business assets and/or other assets, in the event that our business is otherwise acquired by a third party, in the event of initiation of insolvency proceedings, or if a request for initiation of insolvency proceedings is denied for lack of sufficient assets (Article 6(1)(f) GDPR).
- Where we store your personal data and for how long; and to where your data may be exported
- a) We store your personal data within the European Economic Area.
However, in agreement with the sponsors named in our communit(y)ies, skill games and the prize draw’s sponsor list, which also shows the respective country of the establishment as the destination location for any transfer of data, it is also possible that data will be transferred to “third countries.” Third countries are countries located outside the European Union. With regard to such data transfers, we point out that with regard to all of the destination countries mentioned in the sponsor list a secure transfer within the scope of EU specifications on data protection and privacy is ensured. The European Commission has issued corresponding adequacy decisions for the third countries of Andorra, the Faroe Islands, Guernsey, Israel, the Isle of Man, Jersey, Canada (commercial organisations), and Switzerland. These decisions confirm that based on their own domestic legal provisions or international obligations, the aforementioned third countries ensure an adequate level of protection of personal data. To the extent that datasets are transferred to third countries, for which an adequacy decision has not yet been issued, we have entered into contracts based on the standard clauses issued by the EU. These standard clauses were published by the EU to ensure the relevant level of protection – with the corresponding partners that are based or headquartered in these countries. These agreements ensure adequate and uniform protection of data at the level provided by European specifications. You can review the content of these agreements here.
- b) Unless the data is erased or blocked pursuant to your exercise of the rights specified in paragraph 5, your data will be stored permanently for the purposes mentioned above.
After you have revoked any consent to the processing of data that may have been issued and/or have objected thereto, we will put you on our “blocking list”. This means that we will no longer use your personal data for marketing purposes, nor will we disclose them any longer. We will then only store your data for legal purposes (e.g. documentation obligations, defending against and asserting claims, etc.), and will erase the data after a further period of four years unless compelling reasons argue against our doing so or the processing of this data is permitted for other reasons, for example by way of new consent.
Furthermore, we will proceed in the same manner if we have not used your personal data for a period of 24 months, meaning that we have not used the data for our own marketing purposes or disclosed them to sponsors.
- Protection of your personal data
We take corresponding precautions – administrative/organisational, technical, and physical – to protect your personal data against loss, theft, abuse, unauthorised access, unauthorised disclosure, unauthorised modification, and destruction. For example, your data is protected in particular within the scope of physical access control (secure location of servers, to which physical access is granted only following to a defined security procedure), systems access control (128-bit encryption of data transfers, individual assignment of passwords, menus, and authorisations for employees, up-to-date virus software), information access control (individual access authorisation for employees through personal accounts, identification and authentication requirements), transmission control (ongoing monitoring and notifications to authorised parties, no local storage of data, logging of all data exports and transfers), input control (account-linked reviews, logging with time stamps and host), job control (continuous monitoring by the managing director(s) and data protection officer, clear drafting of contracts with regard to the specifications pursuant to data protection principle 4 of Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (Ordinance). respectively Art. 28 GDPR in coordination with the data protection officer and executive management) and availability control (general safeguarding measures by the hoster constant power supply (UPS), halon gas system, etc.], backup streaming involving other general safeguarding measures by the hoster [e.g. UPS, halon gas system, etc.], backup streaming at another location [with all security precautions; see physical access control] every night, mirroring on two additional hard drives, virus protection programs).
Despite these precautions, the insecure nature of the Internet means that we cannot guarantee the security of your data transfer to our website. Therefore, any and all transfers of data by you to our website take place at your own risk.
- Your rights
You have the right to obtain information regarding the personal data stored regarding you, including the origin and recipients of your data and the purpose of data processing, at any time pursuant to Article 15 GDPR.
You also have the right to demand, at any time, that we correct inaccurate personal information concerning you (Article 16 GDPR). You can restrict the processing of data if any of the prerequisites mentioned in Article 18(1) GDPR are met, e.g. in the event of a dispute concerning the accuracy of your personal data.
Moreover, you have the right to revoke any declaration(s) of consent to the processing of your personal data that may have been issued, with effect for the future (Article 7 GDPR). Such a revocation does not, however, affect the legality of the processing that has taken place up until then.
In addition, you are entitled to demand that we provide the personal data transferred to us in a format that permits the transfer thereof to another body (Art. 20 GDPR).
Subject to the prerequisites set out in Article 21(1), (2), and (3) GDPR, you can object to the processing of data for reasons that arise from your particular personal situation.
Furthermore, you have the right to demand the erasure of your data and assert your right to be forgotten pursuant to Article 17 GDPR. If the statutory prerequisites are met, we will proceed in this regard even without such a request having been issued on your part and will erase your personal data.
To assert your rights as enumerated above in this section, please contact us at Top Selections LTD, 1010 Miramar Tower, 132 Nathan Road, Tsam Sha Tsui, Kowloon, Hong Kong, or write to us by e-mail at email@example.com.
If you have a complaint, you can contact the supervisory authority with jurisdiction over Top Selections LTD, the Data Protection Official for Hong Kong (Privacy Commissioner for Personal Data) (12/F, Sunlight Tower, 248 Queen’s Road East, Wanchai, Hong Kong.), or any other supervisory authority.
- Usage data and cookies
You can view our Internet pages without providing personal information. However, certain technical data, known as “usage data”, are generated whenever our pages are visited. In addition, we may use one or more cookies and integrate social media plugins in some cases. The text below is intended to provide you with information regarding this as well.
When you visit our Web pages, the only items of information we store by default are the website from which you reached our page, the name of your Internet service provider, which Web pages you visited within our Internet presence, and the date and duration of your visit. The data obtained is fully anonymous.
Your IP address and a time stamp are also stored for security reasons and used for internal purposes. The IP address is a machine-related code that provides information of the computer or Internet gateway used to access the Internet at the time of online retrieval. A time stamp is a value in a defined format that assigns a certain point in time to an event (for example, sending or receiving a message, modification of data, etc.). The purpose of a time stamp is to make it clear to people or computers when events occurred.
Social media plugins
We integrate “social media plugins” (often also known as “social media buttons”) into some areas of our Web pages. These kinds of plugins are marked on our pages by buttons (hence the term “buttons”), each of which shows the provider of the plugin through corresponding colours and symbols. Clicking these buttons allows you to do things like notify your friends in the social networks you use that you like one of our pages or share a link to a website with other Internet users, depending on the button.
If you are surfing on our website and access one of our Web pages that contains a social media plugin, your browser makes a direct connection with the servers of the provider of the plugin, and the plugin is loaded from there. In the process, the provider of the plugin may be notified that the relevant Web page has been accessed from our website.
If you have a user account with one or more of the social networks operated by the providers of the plugins and are logged into the network(s) in question while you are on one of our Web pages that contains one or more social media plugins of the provider(s) in question, it may also be possible to associate the access to that page with your existing user profile(s) with the provider(s) in question. If you click on integrated plugins and log into one or more of the networks afterward (or are already logged in), the shared or “recommended” information is generally posted in short form in your profile. This may allow the provider of the network to collect and store further usage data. In this way, the providers of the networks can create user profiles that go beyond what you yourself directly and actively disclose in the network. For further information on the collection and processing of data, please see the privacy policies of the providers of the plugins.
- Deletion of cookies
As a user, you can decide for yourself– at any time – which cookies you wish to accept or delete. You can adjust your individual settings for this yourself, right in your Internet browser settings. You can either delete all of your cookies (“clear history”) or limit yourself to cookies from one of our cookie partners listed below and/or its cookies with the names ceng_cache, ceng_etag, ceng_png and gcr. For further information, please contact the provider of your Internet browser.
- No Partners listed