Francfranc FUN! Privacy Policy

INTRODUCTION

Purpose of this Privacy Policy

Francfranc HONG KONG LIMITED (referred to in this Privacy Policy as “Francfranc”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when (i) you apply for our Francfranc FUN! programme (“Francfranc FUN!”) (ii) when you are successfully registered as a member of Francfranc FUN! (“Member”), and (iii) when you use our mobile application for Francfranc FUN!(“App”), and tell you about your privacy rights and how the law protects you.

This Privacy Policy aims to give you information on how we collect and process your personal data through (i) your application to Francfranc FUN! (“Application”), (ii) your use of the App, including any data you may provide through the App when you make an Application, and purchase any products or services.

It is important that you read this Privacy Policy together with any other Privacy Policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other notices and Privacy Policies and is not intended to override them.

Data Controller

Francfranc is a “data controller” of your personal data.

In simple terms, this means that we (i) “control” your personal data, including making sure that it is kept secure; and (ii) make certain decisions on how to use and protect your personal data, but only to the extent that we have informed you about the use or as otherwise permitted by law.

Contact Information and Complaints

If you have any questions about this Privacy Policy or any questions regarding our use of your personal data, please contact our data privacy manager at contact us page.

Our full contact details are:

Francfranc Hong Kong Limited
3201, 32/F,
AIA Kowloon Tower, Landmark East,
100 How Ming Street,
Kwun Tong, Hong Kong

Attn: Data Privacy Manager

Changes to this Privacy Policy and Personal Data

This Privacy Policy is regularly reviewed and was last updated on 27 March 2023. We may amend or update our Privacy Policy from time to time. For this purpose, we will provide you notice of amendments to this Privacy Policy and update the “last updated” date above.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-Party Links

The App may include plug-ins and applications. Enabling those connections may allow third parties to collect or share data about you. We do not control these third-party plug-ins and applications and are not responsible for their privacy statements.

THE DATA WE COLLECT ABOUT YOU

The types of personal data we collect, use and store about you will depend on the services you have requested from us and/or the nature of your interaction with us. During your Application, we collect and process the following types of personal data:-

your first name, last name, username or similar identifier, date of birth and gender (“Identity Data”);
your billing address, delivery address, email address and telephone numbers (“Contact Data”);
your bank account and payment card details (“Financial Data”);
details about payments to and from you and other details of products and services you have purchased from us (“Transaction Data”);
your IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this App (“Technical Data”);
your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses (“Profile Data”);
information about how you use the App, our Website and services (“Usage Data”); and
your preferences in receiving marketing from us and our third parties and your communication preferences (“Marketing and Communications Data”)].

We do not collect any special 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.

HOW WE COLLECT YOUR DATA

Direct Interactions

We collect Identity Data, Contact Data and Financial Data about you that you provide to us by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you make an Application, register on the App, purchase any products and/or services from us, subscribe to our newsletter, request other marketing material to be sent to you, give us feedback or contact us in any way or form.

Automated Technologies and Interactions

As you interact with our App, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

A cookie is a small file of letters and numbers stored by a computing device after being sent to your device when you use a mobile application. Whenever you visit the mobile application again, the information stored in the cookie can be retrieved to notify the application of your previous activity. We use cookies to facilitate App navigation, maintain and improve quality of Francfranc FUN! service, provide additional security, allow the customization of your access to the App and remember you when you return to the App.

A cookie cannot give us access to your device or to information beyond what you provide us and we do not store personally identifiable information such as your name or address in cookies we create, but we do use encrypted information gathered from them to help improve your experience on our App. If you do not wish to enable cookies, you will still be able to browse the App and use it for research purposes.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.

Third Parties

We are also working closely with third parties (including, for example, analytics providers).

We will receive personal data about you from such third parties as set out below:-

Technical Data from analytics and search information providers such as Google, based inside and outside the EEA;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Visa, MasterCard, American Express, Alipay or WeChat Pay, based inside and outside the EEA; and
Identity and Contact Data from publicly available sources such as the Hong Kong Companies Registry based outside the EEA.

HOW WE USE YOUR PERSONAL DATA

We are committed to only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you (“Performance of Contract”).
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests (“Legitimate Interests”).
Where we need to comply with a legal obligation (“Legal Obligations”).

We plan to use your personal data for the following purposes, and pursuant to the corresponding legal bases:

Purpose	Type of Data	Lawful Basis and Basis of Legitimate Interest
Application to be a new Member	Identity Data; Contact Data.	Performance of Contract
Recording and keeping track of your purchases of our goods and services for the purpose of Francfranc FUN!	Identity Data; Contact Data; Financial Data; Transaction Data; Marketing and Communication Data.	Performance of Contract; Legitimate Interest (to keep track of the Members’ spending for change of membership tiers).
Management of our relationship with you (i.e. notifications about changes to e.g. your membership tiers, Privacy Policy)	Identity Data; Contact Data; Profile Data; Marketing and Communication Data.	Performance of Contract; Legal Obligations; Legitimate Interest (to keep your records updated and to keep track of the Members’ membership tiers).
Enabling you to enjoy Member’s benefits under Francfranc FUN!	Identity Data; Contact Data; Profile Data; Marketing and Communication Data.	Performance of Contract; Legitimate Interest (to keep track of the Members’ membership tiers).
Administration and Protection of the App	Identity Data; Contact Data; Technical Data;	Legal Obligations; Legitimate Interest (for running the Francfranc FUN!, provision of administration and IT services, network security)
Delivery of updated information on Francfranc FUN!, relevant App content and advertisements to you	Identity Data; Contact Data; Profile Data; Usage Data; Technical Data Marketing and Communication Data;	Legitimate Interest (to develop customer relationship with Members, to grow our business and to inform our marketing strategy).
Using data analytics to improve our App, products/services, marketing, customer relationships and experiences	Usage Data; Technical Data.	Legitimate Interest (to define types of Members for our products and services, to keep our App update and relevant, to develop our business and to inform our marketing strategy).
Suggestions and recommendations about goods or services that may be of interest to you	Identity Data; Contact Data; Profile Data; Marketing and Communication Data.	Legitimate Interest (to develop our products/services and grow our business).

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. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please feel free to contact us any time.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Marketing and Promotional Offers

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

We may use your Identity Data, Contact Data, Technical Data, Usage Data and Profile Data 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.

You will receive marketing emails and newsletters from us about Francfranc FUN! and our products or services from us, and, in each case, you have expressly consented to receiving such marketing emails and newsletters.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting Out

You can ask us to stop sending you marketing messages at any time by:-

by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences;
by following the opt-out links on any marketing message sent to you; or
by contacting us at conta c t uspage at any time.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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.

DATA RETENTION

We will only retain your personal data for as long as reasonably necessary 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 a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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 unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances, you can ask us to delete your data: see Clause 9 (Your Legal Rights within the EEA) or Clause 10 (Your Legal Rights within Hong Kong) below for further information.

In some circumstances, we will anonymise 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.

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

Information Required

We may need to request specific information from you 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 made to access your personal data within one month. Occasionally it could 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.

YOUR LEGAL RIGHTS IN HONG KONG

If you are currently staying in Hong Kong, you are entitled, in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) (the “Ordinance”), to check whether we hold data about you and to have access to those data. If any of these data are incorrect or inaccurate, you have the right to correct or update them. Requests for access to or to correct personal data should be addressed to our Data Privacy Manager at contact us page. In accordance with the Ordinance, we are entitled to charge a reasonable fee for processing any data access or correction requests.

LANGUAGE

This Privacy Policy is drafted in English and Chinese. If there is a conflict between the English and the Chinese version of this Privacy Policy then, to the extent permitted under applicable law, the English version shall prevail.

DEFINITIONS

In this Privacy Policy, the following expressions shall have the following meanings except where the context otherwise required:-

“Third Parties” shall mean (a) service providers based in Hong Kong who provide IT and system administration services; (b) professional advisors including lawyers, bankers, auditors and insurers based in Hong Kong who provide consultancy, banking, legal, insurance and accounting services; (c) the Inland Revenue Department, regulators and other authorities based in Hong Kong who require reporting of processing activities in certain circumstances; (d) other third parties engaged by us for the purpose of providing our services under the App and Francfranc FUN!.

“Legitimate Interests” shall mean the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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.

“Legal Obligations” shall mean processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

“Performance of Contract” shall mean 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.