Privacy Policy

Swire Coca-Cola Limited T/A Swire Coca-Cola HK
Personal Data (Privacy) Ordinance – Privacy Policy Statement (“Statement”)

1. General

1.1.    This Statement applies to all users of the website of: https://www.swirecocacolahk.com which is operated by Swire Coca-Cola Limited T/A Swire Coca-Cola HK (“SCCHK”, “we” or “us”).

1.2.    Data protection is of a particularly high priority for the management of the SCCHK. The use of the Internet pages of SCCHK is possible without any indication of Personal Data (as defined below); however, if a Data Subject (as defined below) wants to use some specific services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the Data Subject.

1.3.    SCCHK pledges to meet and comply with the obligations and requirements under the Hong Kong SAR Personal Data (Privacy) Ordinance – Cap.486 (“Ordinance”). SCCHK committed itself to protect and keep in strictly confidential in related to any personal data it collected.

1.4.    As the Data User (as defined below), SCCHK has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.

1.5.    This Statement is very important and should be read thoroughly in order to understand the privacy policies of SCCHK in respect of any Personal Data it collects from you, as a Data Subject.

1.6.    By accessing and using this SCCHK’s website and any of its pages, you are agreeing to the terms and conditions set out on this Statement.

1.7.    SCCHK may revise this Statement from time to time as necessary without any prior notice. Any revised Statement will be published on this website. When there is any inconsistency between the English and Chinese version of this Statement, the English version shall be used as the official Statement.

2. Declaration

We shall fully comply with the obligations and requirements of the Ordinance. Our officers, management, and members of staff shall, at all times, respect the confidentiality of and endeavor to keep safe any and all personal data collected and/or stored and/or transmitted and/or used by, for, or on behalf of us.

We shall endeavor to ensure all collection and/or storage and/or transmission and/or usage of personal data by us shall be done in accordance with the obligations and requirements of the Ordinance. Any questions, comments, suggestions or information other than Personal Data sent or posted to the site, or any part of the site, by visitors will be deemed voluntarily provided to us on a non-confidential and non-proprietary basis. We reserve the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development, manufacture and marketing of products and services and to meet customer needs.

Where an individual legitimately requests access to and/or correction of personal data relating to the individual, held by us, then we shall provide and/or correct that data in accordance with the timeline and manner stipulated in the Ordinance.

3. Definitions

Our data protection declaration should be legible and understandable for the general public, as well as our consumers; customers and business partners. To ensure this, we would like to first explain the terminologies we used. In this privacy policy statement we use the following terms:

• Personal Data

o    Personal data means any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

•  Data Subject

o    Data Subject is any identified or identifiable natural person, whose personal data is being collected, held or processed.

•  Data User

o    A Data User is defined as a person who makes use of personal data for a certain purpose. When carrying out their work, a data user must abide by the Ordinance, and make sure that the data used is:

o    Accurate and up-to-date

o    Relevant and not excessive in relation to the specified purpose

o    Held and used only for the specified purpose

o    Used only with the data subjects consent and processed in line with the rights of the data subject

o    Adequate for the specified purpose

o    Protected by adequate security, e.g. Passwords

o    Only shared with countries that have appropriate data protection legislation

•  Processing

o    Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, retrieval, use, erasure or destruction.

•  Profiling

o    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s personal preferences, interests, behavior, location or movements.

•  Data Processor

o    Data Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data User.

•  Consent

o    Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

4. Statement of Practices

4.1.    Types of Personal Data we collect

For the purpose of providing our products and services, including selling beverages and related services (including relevant online sales services and delivery service), you may be requested to provide personal data without which we may not be able to handle your request. We request typically the following kinds of personal data:

•  Name; (as the customer identify and the contact person for receiving the products and services)
•  Correspondence address and/or billing address (for the purpose of product delivery; sending invoices and receipts; and sending updated information in related to changes of this Statement or updates of your personal data)
•  Service account details, including account numbers, service numbers, and/or user accounts;
•  Payment details, including credit card and/or bank account information;
•  Contact details, including contact name, telephone number and/or email address; or
•  Information for the verification of identity, including identification type and identification number.

In some instances, you may also be requested to provide certain data that may be used to further improve our products and services and/or better tailor the type of information presented to you. It is optional whether you provide this type of data which typically includes the following:

•  Age range;
•  Gender;
•  Salary range;
•  Education and profession;
•  Hobbies and leisure activities;
•  Family and household demographics;
•  Other related products and services subscribed to; and
•  Interests

In support of the beverages sales and other services offered by us, information may be automatically collected relating to those services, so we may perform accurate reporting and administration of your service accounts. Such information typically includes types of beverages and services bought and delivery destination.

Our Website servers may also collect data relating to your use of our Website. Such data is used by us to provide aggregated, anonymous, statistical information on our Website usage, so that we may better meet the demands and expectations of visitors to our Website. This type of data typically includes the following:

•  Browser type and version;
•  Operating system;
•  IP address

4.2.    Use of Cookies; Log Files and Voice Recording

If you visit any of our websites, we may use cookie files to store and track information about you and your preferences.  A cookie is a small text file that our website transfers to your computer’s or device hard disk.  We use cookies to better serve you and/or maintain your information across multiple pages within or across one or more sessions.  Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in future. However, if you disabled cookies or refuse to accept a request to place a cookie, certain functionalities on our websites may not be available.

Cookies contain information about you and your preferences. Or it might only contain a record of which pages within the site you visited, to help the site customize the view for you the next time you visit.

Only the information that you provide, or the choices you make while visiting our website, can be stored in a cookie.  For example, our site cannot determine your email name unless you choose to type it. Allowing a website to create a cookie does not give that or any other site access to the rest of your computer, and only the site that created the cookie can read it.

We may also collect information regarding your IP address, browser type, domain name and access time. These information is used for our own research purposes.  As it is not linked to any persona information, it is separate from your Personal Data.  In rare instances, IP addresses may be used to assist in deterring and/or preventing abusive or criminal activity on the website.

We may use third-party advertising companies to help us serve ads on our Website and other websites. We may provide to these companies information (not include your name, address, email address or telephone number) about your visits to our Website and other websites in order to measure advertising effectiveness and to enable us to provide advertisements about goods and services of interest to you according to the interest preferences you selected.

Under certain circumstances, telephone calls made to our order and/or service hotlines and/or inquiry telephone conversation may be recorded for the purposes of quality control, appraisal, as well as staff management and development. At all times, every care is taken to protect such recordings from inadvertent and/or unauthorized access. Please rest assured that you will be informed before we start the recording.

4.3.    Purposes for which your Personal Data may be used

•  We may use your personal data for one or more of the following purposes:
•  Offering, selling and distributing beverages and related products and services, including drinking water and other beverages, beverages dispensers and accessories, maintenance, repair, after-sales services, replacement and sanitation services, as well as delivery and online sales services;
•  Processing and implementing your purchase orders and related payment instructions;
•  Opening, maintenance and administration of your service accounts and records;
•  Calculating and collecting or paying any amounts owing by or to you;
•  Communicating with you including handling your requests and enquiries;
•  Facilitating us in providing and enhancing our products and services, including designing and providing products and services that may better meet your personal preferences and interests;
•  Making disclosure according to the requirements of any law, regulations, court orders, codes of conduct or guidelines applicable to any member of the Group (defined in section 4.6.1 below);
•  Marketing and promoting products, services and other subjects (please see further details in section 4.8 below); and
•  Purposes relating to any of the above.

4.4.    Accuracy of Personal Data

Where practicable, we will validate the data provided to us using generally accepted practices and guidelines. This includes the use of check sum verification on some numeric fields such as account numbers or credit card numbers. We may validate the data provided against existing data we held. We may also request to see original documentation before we use the relevant personal data, such as proof of address.

Please refer to section 4.10 below for details on your rights and how you can access and correct any personal data relating to you that we may hold.

4.5.    Retention of Personal Data

We have put in place an internal data retention and erasure policy. According to that policy:

4.5.1.   Personal data will only be retained for as long as is necessary to fulfill the original or directly related purpose for which it was collected, unless we are required to retain the personal data to satisfy any applicable legal or contractual obligations; and

4.5.2.   Erasure of personal data from our records will be done in accordance with specified timelines and procedures having regard to the applicable requirements under the Ordinance.

4.6.    Disclosure of Your Personal Data

Your personal data we hold will be kept confidential but we may provide or disclose it to the following persons (whether within or outside Hong Kong) except that we will not provide your personal data to another person for it to use in direct marketing:

4.6.1.   Any subsidiaries, holding companies, associated companies, affiliates of, companies controlled by, or under common control with us (collectively, the “Group”);

4.6.2.   Any person who is acting for or on our behalf, or jointly with us, in respect of the purpose or a directly related purpose for which the data was collected;

4.6.3.   Any person who is under a duty of confidentiality to us or has undertaken to keep the data confidential, provided that such person has a legitimate right or reason to access the data;

4.6.4.   Any financial institutions, charge or credit card issuing companies, credit information or reference agencies, or debt collection agencies engaged by you or us in relation to opening and maintaining service accounts with us and payment arrangements; and

4.6.5.   Any person to whom we are required or expected to make disclosure according to the requirements of any law, regulations, court orders, codes of conduct or guidelines applicable to any member of the Group (for example, if we are served with a court order demanding certain customer information then we would disclose the relevant information to the duly appointed officer of the court or such other persons specified in the court order).

4.7.    Transfer of Personal Data Outside of Hong Kong

At times, it may be necessary and/or useful for us to transfer certain personal data to places outside of Hong Kong in order to carry out the purposes, or directly related purposes, for which the personal data was collected. Where such a transfer is performed, it will be done in compliance with the applicable requirements of the Ordinance and it only be shared with countries that have appropriate data protection legislation.

4.8.    Use of Personal Data in Direct Marketing

We are allowed to use your personal data in direct marketing only if we obtained your consent or you do not object. In connection with direct marketing, we intended:

4.8.1.  To use your name, contact details including but not limited to telephone number, delivery and email address, customer profiling information, products and services portfolio information and transaction pattern and behavior collected, compiled, generated or held by us from time to time; and

4.8.2.  To market and promote the following classes of products, services and subjects which may be offered by us or any of the Group members or our joint promotion partners:
(a) Beverages and related products and services, including drinking water and other beverages, beverages dispensers and accessories, maintenance, repair, after-sales, replacement and sanitation services, and delivery and online sales services; and
(b) Products and services offered by our Group members or joint promotion partners may include pantry items and related services.

If you do NOT want your personal data be used for direct marketing, please tick (✓) the box in Member Profile to exercise your opt-out right. You may also write to our Data Protection Officer at the address below to opt out from direct marketing at any time. Please quote your outlet number which is printed on our invoices.

17-19 Yuen Shun Circuit, Siu Lek Yuen, Shatin N.T. Hong Kong
Swire Coca-Cola HK,

Attention: At-Work and Home Department

4.9.    Security of Personal Data

In order to ensure the correct use and to maintain the accuracy of the Personal Data collected from you, as well as preventing unauthorized or accidental access, processing, erasure or other use of the Personal Data, we have implemented various internal policies (including physical, electronic and management measures) to safeguard and secure the Personal Data we collect.

Physical records containing personal data is securely stored in locked areas and/or containers when not in use. Computer data is stored on computer systems and storage media to which access is strictly controlled and/or are located within restricted areas.

Access to records and data without appropriate management authorization is strictly prohibited. Authorization is granted only on a “need to know” basis that is commensurate with an individual’s responsibilities and training. Records are under the control of assigned information officers who are responsible to ensure the transfer of or access to information is legitimate and complies with the Ordinance.

Our Website adopts the Secure Socket Layer (SSL), the encryption technology for the transmission of data collected online. Our websites have firewalls in place, which should protect the Personal Data collected from you against unauthorized or accidental access.  However, complete confidentiality and security is not yet possible over the internet, and privacy cannot be assured in your communications to us. You are encouraged to protect against unauthorized access to your password and credit card details.  Make sure you sign out from your account when finished in particularly when using a shared or public computer.

Our Website supports “Verified by VISA” and “MasterCard SecureCode” service.

4.10. Access to and Correction of Your Personal Data (Data Access Request)

Under the terms of the Ordinance, you have the right to:

(a) Check whether we hold any personal data relating to you and, if so, obtain a copy of such data;
(b) Request us to correct any personal data relating to you which is inaccurate for the purpose for which it is being used; and
(c) Ascertain our policies and practices in relation to personal data, which are those policies and practices set out in their entirety in this Statement.

If you wish to ascertain whether SCCHK holds your personal data, or obtain a copy of your personal data held by us, please contact our Data Protection Officer by the following methods:

Complete the Data Access Request Form1	→	By fax (852-2686-6957 or 852-2686-6903)
	→	By email (dpo@swirecocacola.com)
	→	In person or by mail (Swire Coca-Cola HK, 17-19 Yuen Shun Circuit, Siu Lek Yuen, Shatin, New Territories, Hong Kong. Attention/Contact: At-Work and Home Department)

If you are under the age of 18, you may make the request through your parents or teachers.

¹ Download Data Access Request Form here

Please read the terms and conditions of the Data Access Request form carefully and complete the form with truth and accurate information. We have the right to reject your data access request when

•  you are not submitting your request using the official data access request form;
•  insufficient information provided on the form;
•  we are not able to validate your identify that you are the data subject of the requested personal data.

We will, upon satisfying ourselves of the authenticity and validity of the data access or correction request, comply with and respond to the request within the period set by the Ordinance.

In accordance with the terms of the Ordinance, we have the right to charge a reasonable administration and materials fee for processing any data access request.

4.11. Our Contact Details

All inquiries regarding our compliance with our obligations under the Ordinance should be made in writing to: Swire Coca-Cola HK, At-Work and Home Department, 17-19 Yuen Shun Circuit, Siu Lek Yuen, Shatin, New Territories, Hong Kong.

5. Amendments

We may amend or update this Privacy Policy from time to time and all information will be governed by our most recent Privacy Policy.

6. Third Party Rights

Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, this Privacy Policy is personal to and is made solely for the benefit of the parties to it and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever.  The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring to third parties the right to enforce any term of this Privacy Policy is expressly excluded and no terms of this Privacy Policy are, or are intended to be, enforceable by any person not being a party to it. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Privacy Policy, or any term of this Privacy Policy, are not subject to the consent of any third party.

If there is any inconsistency or conflict between the English and Chinese versions (if any) of this Statement, the English version shall prevail.

Swire Coca-Cola Limited T/A Swire Coca-Cola HK
太古可口可樂有限公司 營業名稱為太古可口可樂香港