General Conditions of
“My HKT” Portal
1. These General Conditions
a. This
“My HKT” portal (My
HKT website: https://cs.hkt.com; mobile app: My HKT App) and any of its
webpages and applications (collectively, “Portal”)
are provided and managed by us, HKT CSP Limited. The Portal is a self-service integrated platform
for you to manage your My HKT account and information of your Subscribed
Services (“My HKT Account”) through
a single login, and for us to register and manage your My HKT Account on the
Portal as your agent. You will also be
able to view certain electronic bills of those eligible Subscribed Services on
your My HKT Account (“View Bill Service”)
and access other services via the Portal.
b. By registering a My HKT Account, you
unconditionally agree to all terms and conditions in connection with the
Portal, including the prevailing version of these General Conditions, the Personal Information
Collection Statement(s) made available to you at the time of your download or
registration of the Portal and/or your use of the various services under the
Portal (collectively, “PICS”), the HKT Privacy Statement (available at My HKT
website) and such other terms and conditions made available to you at the time of
your download, registration and/or use of the Portal, as they may be modified and/or
supplemented from time to time, with or without prior notice to you (collectively,
“Contract T&Cs”).
Please check the relevant webpages regularly to see if there have been
any modifications and/or supplements which may have been made.
2. Registration
a. When you apply for any Subscribed Services with the
relevant Service Provider(s), you at the same time authorise
us to act as your agent to register all the service accounts of your Subscribed
Services under your Hong Kong Identity Card
number, passport number and/or other
document(s) as your My HKT Account on the Portal, to manage your My HKT
Account, to provide various services to you via the Portal and to provide other
information and services in relation to your Subscribed Services to you under
the Portal.
b. For
the purpose of such registration, management and provision of services:
(i) you must provide us with accurate,
complete and updated registration information;
(ii) you must safeguard any user name and
password which we provide to you and/or used by you;
(iii) you authorise us to assume that any person
accessing or using the Portal under your My HKT Account is either you or is duly
authorised
to act for you and on your behalf, and you shall be
liable for any actions undertaken by such person in connection with his/her
access to and/or use of your My HKT Account; and
(iv) you authorise us to liaise with and
provide all necessary information to the relevant Service Provider(s) and
obtain all necessary information from the relevant Service Providers regarding
your Subscribed Services as
and when necessary, for the purpose of setting up and
registering your My HKT Account, managing and providing services to you on your
My HKT Account under the Portal (including but not limited to obtaining billing
information from the relevant Service Provider(s) for the purpose of the View
Bill Service and other services under the Portal).
3. Our Handling of the Portal
a. We
technically operate the Portal ourselves or through our agent(s) and/or
sub-contractor(s). However, we exercise
no editorial control over some of the Content on the Portal and in some cases,
other entities or persons may provide Content on the Portal or operate parts of
the Portal or other Internet sites you may view or access through the Portal (“Third
Party Providers”).
b. For
the purpose of our management and provision of services in relation to your My
HKT Account under the Portal, you authorise us and
the relevant Service Provider(s) to take all necessary actions from time to
time and as and when necessary, including but not limited to the followings:
(i) to obtain the information of your Subscribed Services
(including but not limited to the subscription dates, contents, contractual
periods, billing information and your personal and other data) from the
relevant Service Provider(s), and provide the information on your My HKT
Account (including but not limited to your personal and other data on your my
HKT Account) to the relevant Service Providers, for the purpose of setting up a
user profile for the purpose of registration on the Portal, managing your my
HKT Account and service provisioning under the Portal (such as the View Bill
Service) to you;
(ii) to arrange for updating of the information on your My HKT Account; and
(iii) to arrange updating information in your
My HKT Account with the relevant Service Provider(s) pursuant to your
instructions.
c. For the purpose of receiving
the latest market information concerning your Subscribed Services and their
business partners, we have standing instruction from you to obtain, on your
behalf, from the Service Providers your personal data including contact
information and geographical data (if any) at any time when it is necessary for
delivering the market information to you by whatever possible means, including
but not limited to mail, email, SMS, push notifications and voice calls.
4. Change of Terms and Conditions
a. You
acknowledge that we may, at any time, at our sole discretion and with or
without notice:
(i) change, modify or supplement on any terms
and conditions in connection with the Portal; and
(ii) change, modify,
suspend or discontinue all or any part of the Portal and the services
(including any Content) available on it.
b. We
may revise any Contract T&Cs from time to time by updating this posting
and/or at the relevant website(s). The
revised terms and conditions will take effect when they are posted, unless
stated otherwise. By
continuing to maintain your My HKT Account and/or to use the Portal, you are
deemed to have agreed to any revised terms and conditions.
5. Fees
a. For
your access to the Portal, we reserve the right at any time to:
(i) charge fees; and
(ii) change or supplement on any terms and
conditions on which the fees shall be charged,
but if we do so, we shall give you at
least 30 days’ advance notice. Once we have told you about such a change, you must
let us know at least 15 days before such change coming into effect if you want
to terminate your My
HKT Account under the
Portal. Your existing contract(s) with
the relevant Service Provider(s) shall not be affected by such termination,
other those parts concerning the Portal.
b. Unless
you decide to terminate your My
HKT Account under the Portal pursuant to Clause
5a, any introduction of fees and/or
amendments to any of the terms and conditions as per Clause 5a shall be
treated as (at our sole discretion) amendments to these General Conditions, and you will be bound by those new or amended terms and
conditions accordingly.
6. Content
a. You
acknowledge that the Content on the Portal is subject to copyright and possibly
other intellectual property rights (“Intellectual Property Rights”). Unless you are expressly authorised by law and by the relevant
copyright owner(s), you must not in any way whatsoever participate in
or permit any other entities or persons, to, directly or indirectly:
(i) sell,
reproduce, distribute, modify, display, publicly perform, prepare derivative
works based on, repost or otherwise use any of the Content in any way for any
public or commercial purpose without our prior written consent;
(ii) use any Content on any other websites
or in a networked computer environment for any purpose;
(iii) reverse engineer any Content consisting of
downloadable software; or
(iv) otherwise infringe any of the Intellectual
Property Rights of any person in using the Portal or any Content.
b. Nothing
you do on or in relation to the Portal will transfer any Intellectual Property
Rights to you or license you to exercise any Intellectual Property Rights
unless this is expressly stated.
7. Your Use of the Portal
a. You
must not in any way whatsoever access or use the Portal (or allow the Portal to
be accessed or used) or post
any Content on the Portal (or allow any Content on the Portal to be posted),
directly or indirectly, that:
(i)
you
do not have the right to post;
(ii)
is
defamatory or in contempt of any legal or other proceedings;
(iii)
is
misleading or deceptive;
(iv)
incites
hatred or discrimination against any group of persons being a group defined by
reference to colour, race, sex, origin, nationality
or ethnic or national origins;
(v)
denounces
religious or political beliefs;
(vi)
includes
religious, political or other material which is or is likely to be offensive;
(vii)
is
indecent, obscene, vulgar, pornographic, offensive or of doubtful propriety;
(viii)
is
of a menacing character;
(ix)
is
likely to cause nuisance, annoyance, inconvenience or anxiety;
(x)
is
likely to encourage crime, public disorder, violence or hatred;
(xi)
is
likely to damage public health, safety or morals;
(xii)
infringes
any copyright, trade mark, patent or other intellectual property right of
another person;
(xiii)
contains
any unsolicited or unauthorised advertising or
promotional material;
(xiv)
contains
viruses or similar software or data which is designed to interrupt, destroy or limit
the functionality of any computer software or hardware; or
(xv)
impersonates any person or
misrepresents your relationship with any person.
b. You
must not in any way whatsoever, directly or indirectly:
(i) misuse the Portal;
(ii) disrupt or interfere with any part of the
Portal or servers or other software, hardware or equipment connected to or via
the Portal;
(iii) try to access the Portal in any way or
method other than the instructions or interface provided by us;
(iv) violate any Applicable Law relating to your
use of the Portal;
(v) collect or store personal data about other
users of the Portal;
(vi) hack, break into, access or use the website of someone else without
authority; or
(vii) commit any action which may be immoral, tortious, unlawful,
illegal or infringe any intellectual property rights of any party.
8. Other User Content
a. The Portal may contain Content uploaded,
posted, emailed or otherwise electronically transmitted (“Posted”, and to “Post” shall
be construed accordingly) by users of the Portal, including you (“User Content”).
b. We
do not monitor or exercise editorial control over User Content. However, we reserve the right:
(i) to access or
examine any User Content; and
(ii) at our discretion move, remove or
disable access to User Content which we consider, at our sole opinion to breach
any Applicable Law or to be otherwise unacceptable.
c. In relation to any Content
Posted by you, you grant us a perpetual, irrevocable, royalty-free licence throughout the world to use, reproduce, modify,
adapt, publish, translate, sublicense, create derivate works from, incorporate
in other works (whether electronic or not), distribute, perform and display
such Content, whether in whole or in part.
d. You acknowledge that we may
remove Content Posted by you in accordance with any applicable guidelines, such
as guidelines relating to period of storage or the maximum disc space which is
allotted to you.
9. Third Party Providers
a. You
acknowledge that:
(i) parts of the Portal; and
(ii) parts of the Content,
may be contributed, provided or
maintained by Third Party Providers and not by us. We make no statement, representation or
warranty, express or implied, that we agree, disagree, approve or endorse with
any such materials or external websites and we will not have or accept any
liability, obligation or responsibility whatsoever for any loss, destruction or
damage (including without limitation consequential loss, destruction or damage)
however arising from or in respect of any use or misuse of or reliance on the
contents of any such materials or external websites delivered on or via the
Portal or inability to use any of them.
b. Your
correspondence or dealings with any Third Party Providers are solely between
you and that Third Party Provider, and you agree that we will not
in any way be liable or responsible for any loss or damage of any sort
howsoever incurred as the result of such dealings.
10. Links and Advertisements
a. We
have not reviewed all of the sites linked to the Portal and we are not
responsible for the content or accuracy of any off-Portal pages or any other
sites linked to the Portal (including without limitation sites linked through
advertisements or through any search engines).
b. Some
links which appear on the Portal are automatically generated, and may be
offensive or inappropriate to some people.
The inclusion of any link does not imply that we agree, disagree, approve
or endorse the linked site, and you use the links at your own risk.
c. Your
correspondence or dealings with, or participation in promotions of, advertisers
on the Portal are solely between you and such advertisers.
d. The
inclusion of any such sites or advertisements on the Portal does not imply that
we agree, disagree, approve or endorse any of those sites or
advertisements. We will not have or
accept any liability, obligation or responsibility whatsoever for any loss,
destruction or damage (including without limitation consequential loss,
destruction or damage) however arising from or in respect of any use or misuse
of or reliance on such sites or advertisements delivered on or via the Portal
or inability to use any of them.
11. Personal Data
a. In
using the Portal you may give us “personal data”
as defined in the Personal Data (Privacy) Ordinance. You have certain rights in this personal
data. By using the Portal you grant us
your consent to use your personal data in accordance with the PICS and the HKT Privacy Statement.
12. The Use of the Portal At Your Own Risk
a. You
use the Portal at your own risk. You
must evaluate, and bear all risks associated with, the use of the Portal, including
reliance on the accuracy, completeness or usefulness of the Portal. All information provided on or via the Portal
by us or any of the other Service Providers is for general and indicative
purposes only. You should seek your own
independent advice with respect to your use of the Portal.
b. We endeavor to provide a convenient
and functional Portal, but we do not guarantee that the Portal will be error
free or that the Portal or the server that operates it is free of viruses or
other harmful components.
c. Although
we will use reasonable endeavors to maintain the Portal, we do not undertake to
provide support or maintenance services for the Portal.
d. If
your use of the Portal results in the need for servicing or replacing any
property, material, equipment or data, we will not be in any way responsible
for such costs or expenses.
e. Without
limiting the above provisions, everything on the Portal is provided to you on
an “as
is”
and an “as
available” basis, without warranty or
condition of any kind, either expressed or implied, including, but not limited
to, any implied warranties of merchantability, fitness for a particular
purpose, or non-infringement. We exclude
all representations and warranties to the fullest extent permissible under any
Applicable Law.
f. In
particular, we do not make any express or implied warranty as to the accuracy,
fitness for a particular purpose, non-infringement, reliability, security,
timeliness or freedom from computer virus in relation to any content on the
Portal. We will not be liable for any
errors in, omissions from, or misstatements or misrepresentations (whether
express or implied) concerning any such information, and will not have or
accept any liability, obligation or responsibility whatsoever for any loss, destruction
or damage (including without limitation consequential loss, destruction or
damage) however arising from or in respect of any use or misuse of or reliance
on the information delivered on the Portal or inability to use the Portal or
any services delivered through the Portal.
13. Limitation of Liability
a. We
and other HKT members, their respective staff and representative shall not in
any way be liable for any direct, indirect, consequential, collateral, special,
punitive or incidental loss, destruction or damage of any kind (including but
not limited to corruption of data, loss of profits, goodwill, bargain
or opportunity or loss of anticipated savings or any other loss) resulting from
your access to, reliance on, or use of, or inability to use the Portal and the
Content, whether based on warranty, contract, tort, negligence or any other
legal theory, and whether or not we know of the possibility of such damage.
b. For the avoidance of any doubt, nothing in these General
Conditions shall exclude liability for death or personal injury caused by
negligence. All terms expressed or
implied by statute or otherwise are hereby excluded to the fullest extent
permitted by law.
14. Cancellation of Registration
a. We
may cancel or suspend your registration or your use of the Portal if you do not
visit the Portal for a long period of time, or if we reasonably
believe that you may have violated, acted inconsistently with or the spirit of
any Applicable Laws or any of the Contract T&Cs or may have violated our
rights or those of another party, or if we are investigating any suspected
misuse or misconduct. If you encounter any cancellation or
suspension of service, please contact our customer service officers by visiting
our website.
b. When
your registration is cancelled, you may no longer have access to the Portal.
c. You acknowledge and agree that Clauses
12 (The Use of the Portal At Your Own Risk), 13
(Limitation of Liability) and 16 (General Provisions) shall survive
cancellation of your registration or termination of the Portal.
15. Notices
a. We
will give
you any necessary notices by posting them on the Portal. You agree:
(i) to check the Portal for notices
regularly; and
(ii) that you will be considered to
have received a notice when it is made available to you by posting on the
Portal.
b. We
may also give you notice by such other means as designated by us (e.g. by “My
Messages” under the Portal, post, email, SMS and/or bill insert).
16. General Provisions
a. If
any part of the Contract T&Cs is
held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent possible and
the remainder will remain in full force and effect.
b. You
agree to defend, indemnify, and hold harmless us, our officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or
resulting from your use of the Portal or the Content or your breach of any of
the Contract T&Cs.
c. Save for any members of the PCCW, no other person or
entity who is not a registered user of the Portal has any right under the
Contracts (Rights of Third Parties) Ordinance to enforce any provisions of the Contract T&Cs or any rights and/or benefits in connection
thereunder.
d. The English version of these General
Conditions shall prevail over any Chinese version (if any) which is provided
for information purposes only.
e. These
General Conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive
jurisdiction of the courts of Hong Kong.
17. Definitions
a. “Applicable
Law” in relation to any entity (including a person), action or thing means
the following in relation to that entity, action or thing:
(i) any law, rule or regulation of any
country (or political sub-division of a country);
(ii) any obligation under any licence
in any country (or political sub-division of a country); and
(iii) any lawful and binding determination,
decision or direction of a regulator in any country (or political sub-division
of a country).
b. “Content” includes things that you may see,
read, hear, download or access on or via the Portal (including but not limited
to messages, files, data, software, images, photographs, illustrations, text
and other materials).
c. “Contracts (Rights of Third
Parties) Ordinance”
means the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws
of Hong Kong).
d. “HKT” means HKT Limited and its
subsidiaries.
e. “Hong Kong”
means the Hong Kong Special Administrative Region of the People's Republic of
China.
f. “PCCW” means PCCW Limited and its
subsidiaries, which, for the purpose of these General Conditions, exclude HKT.
g. “Service Provider” means the relevant
members of PCCW or HKT, which may include, without limitation, Hong Kong
Telecommunications (HKT) Limited, CSL Mobile Limited and PCCW Media Limited.
h. “Subscribed Service” means certain
service(s) which you subscribed for and is provided by the relevant Service Provider,
which may include, without limitation, HKT Home Phone, eye, IDD 0060 / 0062,
NETVIGATOR broadband, LiKE1OO broadband, csl mobile, 1O1O mobile and Now TV
services.
i. “We” means HKT CSP Limited, and the terms
“us” and “our” shall be construed accordingly.
j. “You” means the customer who subscribes for the Subscribed
Service(s) from the relevant Service Provider(s) and will be, has or has been
registered on the Portal, and the term “your”
shall be construed accordingly.
Version: March 2021
HKT Privacy Statement
Privacy
Statement
This Privacy
Statement sets out how we collect, use, manage and protect the personal data or information (“Data”) that
we may collect from or about you. It applies to all individuals whose Data may be handled, whether
as controller or processor, by the HKT Group ("HKT", "we", "us"
or "our", being HKT
Limited*, its subsidiaries,
affiliates and associated companies), including without limitation, customers
of 1O1O, csl., Tap & Go, NETVIGATOR, Now TV, Now E, LiKE1OO, Fixed
Telephone Line, eye, International Telephone, uHub plus, Smart Living, HKT Smart Warranty, HKT Smart Assistance, Star Home Call, HKT Premier, eSmartHealth
(including Cloud Management Services), HKT education,
HKT Online Shop, HKT Merchant Services, HKT Care, HKT Financial Services, HKT Flexi, Club Shopping, Club Like,
Club Travel, Club Hope and Club SIM services, members of The
Club and INSPIRE
and users of My HKT.
Protecting your privacy
We are committed to processing your Data in accordance with the
required standards. This includes protecting your privacy and ensuring the
security of your Data in compliance with, in particular and where applicable, the
requirements of the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws
of Hong Kong) (the “Ordinance”),
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data (the “GDPR”) where applicable.
Before using and providing your Data for
the purposes as set out in this Privacy Statement, we may be required by law to
obtain your written consent, and in such cases, only after having obtained such
written consent, may we use your Data in the manner as specified.
Your
Data
We may collect, use and hold a range of different Data about
you. For the purposes of carrying on our business (including the verification
of your identity to detect, prevent and address fraud, security or technical
issues, the registration, activation and management of your account with us,
and the billing and charging of our products and services (collectively, “Service(s)”)) and complying with laws,
rules, guidelines, regulations and/or requests issued by applicable government authorities, courts, law enforcement or other authorities or
regulatory bodies,
you may be requested to provide Data such as, but not limited to:
(a)
the name, date of birth and other details documented on your Hong Kong
Identity Card or other legal identity card, travel document, student card
and/or driver’s licence;
(b)
contact details including name, address, phone number, mobile telephone
number and/or email address;
(c)
Data that you have shared with third party social media platform
operators (e.g. account login name, profile picture, contact details);
(d)
payment details including credit card, debit card and other electronic
banking Data;
(e)
account details or Data relating to Services registered with us including
the relevant PIN, username or password, account numbers and/or service numbers;
(f)
device specific information such as hardware model, operating system,
version, unique device identifier, serial numbers, setting configurations and
software and mobile network configuration;
(g)
information about how you use our Services such as your network usage,
how you use our network, and your location when you are using our Services;
(h)
information that allows us to identify you for verification purpose
including biometric information like your fingerprints and voice pattern;
(i)
health and biometric information (which could be provided to us when you
use our eSmartHealth
and My HKT services);
(j)
your credit and service history to enable us to assess your eligibility
to our offers of Services or to accommodate your
request for transfer of Services or your account with us;
(k)
all Data requested by applicable government authorities, courts, law
enforcement or other authorities or regulatory bodies to enable us to comply
with or in connection with any law, rule, regulation, judgment or court order
(whether within or outside of Hong Kong); and
(l)
any other Data as may be required by any members of HKT and/or their
respective contractors, sub-contractors, intermediaries, agents, business
partners or representatives, brokers, underwriters from time to time and which
is necessary for the provision of the Services.
In some instances, where required by law to do so, we may
seek your consent to process the following
types of “Special Data” to us so that we may further improve our Services and/or
better tailor the type of information or content that we present to you:
(a) |
age; |
(b) |
gender
and ethnicity; |
(c) |
marital
status; |
(d) |
salary
range and employment details; |
(e) |
education
and profession; |
(f) |
hobbies
and leisure activities; |
(g) |
the
Services that you have subscribed for; and |
(h) |
family and household demographics. |
Provision of the Special Data mentioned immediately above is
optional although, where the requested Service is a personalised
Service or provision of a product is dependent upon your provision of all
requested Data, failure to provide the requested Data may prevent us from
providing those particular Services to you.
Occasionally, you may
need to provide Data about other individuals (e.g. “Users”
as defined in our Mobile Service Agreement) to
us. If so, we may require you to confirm your compliance
with Part VIA of the Ordinance including confirming that you have informed those individuals of the use, disclosure
and transfer of Data from you to us and from us to third parties and possible
disclosure of the individual’s details (including their usage of our Services, loyalty programs and My HKT) by
us to
you;
and that you have obtained those individuals’ authorisation and/or consent to such use,
disclosure
and transfer (or the extent to which
such authorisation and/or consent was obtained). You should also advise them that we can be contacted for
further information at the details stated under the “How to contact us” section below.
Data supplied by you will be held by one or more members
of HKT, and will be accessible by employees of such member(s) and
authorised third parties (consistent with the situations or for the purposes set out in this Privacy Statement) or as otherwise
indicated by prior notice to you or, where required, by
obtaining your consent.
How we collect Data
We collect Data in a number of ways, including from:
(a) you directly,
for example, when you provide Data by phone or via email,
attend our functions, complete
an application form or agreement for one of our Services, or when you submit your Data
through our websites,
mobile or TV apps, or over any customer service hotlines or online chat sessions; or when you contact us with a query or request; or
during the ordinary course of the continuation of our business relationship
with you; or
when we are legally required to do so;
(b) third parties such
as related entities, business partners, or other customers, or your
representatives with appropriate consent from you;
(c) publicly
available sources;
(d) our own records of
how you use our Services;
(e) your
visits on our websites, or mobile or TV apps
(see “Privacy Data” section below); and/or
(f) your participation
in surveys or marketing promotions organised by us or
on our behalf.
Privacy
Data
To better serve your needs and preferences, our web servers
may collect Data relating to your website, device or app activity. We may also
collect aggregated, anonymous, statistical data on the server's usage so that
we may better cater to the behaviour of users of our
websites and mobile and TV apps. This type of Data may include, but is not
limited to:
(a) browser type, version and user agent;
(b) operating system;
(c) IP
(Internet Protocol) address and/or domain name;
(d) connection data, statistics on page views and/or referral
URLs;
(e)
device ID, location and phone contacts;
(f)
videos watched
or searched for;
(g)
links or
images clicked on;
(h)
cookies and/or
browser, app or web server log data; and
(i) device and software characteristics and/or configuration.
Some of our websites
use cookies or similar tracking tools on your machine or device in order for us
to, for example, personalise your user experience
and/or maintain your identity across multiple webpages and/or Internet
sessions. This
Data may include, but is not limited to, relevant login and authentication
details as well as Data relating to your activities and the preference
configurations on your device and across our websites and mobile and TV apps. Our websites are initially set up to accept cookies. You can opt-out of or delete
historical cookies by changing the settings on your web browsers; however, if you do so, you may find that certain features on our website
and/or our app do not work properly.
How we use your Data
We may collect,
retain and use your Data for the following
purposes:
(a) to verify your identity;
(b) to process your application to subscribe to our Services and loyalty programs;
(c) to carry out matching procedures, as defined under the
Ordinance;
(d) to verify your eligibility to our offers of Services,
games and/or promotions or other events;
(e) to provide,
activate and/or
renew Services, loyalty programs and My
HKT that you may have subscribed for;
(f) to provide you with rewards, promotional benefits, updates, offers and
invitation to events;
(g) to promote and market our Services to you;
(h) to conduct credit checks and detect fraudulent
activities in compliance
with the Anti-Money Laundering and Counter-Terrorist Financing (Financial
Institutions) Ordinance (Cap. 615) and in relation
to other compliance purposes;
(i)
to perform research
or analyses so
that we may improve and optimise the Services and/or loyalty programs that can be made available to you;
(j)
to conduct surveys and marketing, promotional, behavioural
scoring for business operations
and/or planning purposes;
(k) to carry out market and product analyses in order to
generate statistical or actuarial reports (containing
aggregated data that does not relate to any identified or identifiable
individual);
(l)
to enforce our
contractual rights;
(m) to process any payment instructions, direct debit facilities
and/or credit facilities in relation to our
supply of Services to you;
(n) to maintain and develop our business systems and
infrastructure, including testing and upgrading of these systems;
(o) to maintain, enhance and develop our products and service
offerings;
(p) to develop financial services and products;
(q) to evaluate your financial needs and insurance claims
made by or against you, and to process claims involving you (including but not
limited to making, defending, analysing, investigating,
processing, assessing, determining, responding to, resolving or settling such
claims);
(r)
to
comply with our telecommunications licence obligations in respect of interconnection arrangements
with other telecommunications operators and related industry practices;
(s) to comply with applicable laws in or outside Hong Kong as may be
required by applicable
government authorities, courts, law enforcement, or regulatory or investigation bodies, in relation to the supply of Services and/or loyalty
programs to you, including to assist in the
prevention, detection of crime or possible criminal activities; and
(t)
to distribute our
publications and research materials as well as those of our business partners
and counterparties.
Our legal basis for
using your Data including how we disclose your Data
We have a legitimate
interest in properly administering the Services. In addition, our use of your personal data
may be necessary for the performance of the Services that you have requested. In order to provide the Services that you have requested, we may, to the extent
permissible under applicable laws and regulations, disclose your Data
to organisations or parties outside of HKT
(which
may be within or outside of Hong
Kong)
(collectively, “Organisations”). Your Data is disclosed to
these Organisations
for the strict purpose of enabling us to supply our Services to
you.
In some circumstances as mentioned above, we may need to ask
for your consent to use your Special Data where required by law to do so.
These Organisations provide support services
to our businesses and operations including without limitation:
(a)
customer
enquiries;
(b)
courier, delivery, logistic and warehouse
services;
(c)
mailing
operations;
(d)
billing and
debt-recovery functions;
(e)
information technology services;
(f)
installation,
maintenance and repair services;
(g)
marketing, advertising and telemarketing services;
(h)
market
research;
(i) customer
usage and behavioural analysis;
(j)
process management;
(k)
after sale
services;
(l) surveys;
(m) website usage analysis; and
(n)
cloud storage
services.
We take the required
steps to ensure that these Organisations are bound by appropriate confidentiality and privacy
obligations in relation to the protection of your Data and that they use your Data for the sole purpose of
carrying out the services for which they have been engaged, and not for their own or other purposes (including
direct marketing).
In addition, we may
disclose your Data:
(a)
to your authorised representatives
and/or your legal advisers when requested by you to do so;
(b)
for the purposes of
providing administrative, payment, collection, business, legal and/or
operational support, to the following parties:
(i)
credit-reporting and
fraud-checking agencies;
(ii) to financial
institutions, charge or credit card issuing companies, credit providers, credit
bureau,
collection agencies or security agencies;
(iii) telecommunications network operators;
(iv) our affiliates, overseas offices, assignees, transferees and
representatives;
(v) our professional advisers, including our accountants,
auditors, lawyers and insurers;
(c) to banks, hotels,
insurance companies, insurance brokers,
underwriters, billing agents and various
business partners for reward redemption purposes and benefits applicable to
members of our loyalty programs, including without limitation for the purpose
of registering members for loyalty program related events;
(d) to government and regulatory authorities and other organisations, as required or authorised
by law;
(e) to organisations who manage our business and corporate strategies,
including those involved in a transfer or sale
of all or part of our assets or business (including accounts and trade
receivables) and those involved in managing our corporate risk and funding
functions (e.g. securitisation);
(f) to any proposed or actual participant, assignee or
transferee of all or any part of the relevant member of our operations or
business;
and/or
(g) to charities or non-profit organisations.
Direct Marketing (if
applicable)
We
may, in compliance with applicable laws, rules, regulations and licence requirements, use your Data (including without
limitation name, contact information, phone number, residential/office address
and email address and information about the Services you have purchased), for
us (including PCCW Limited and its respective subsidiaries, affiliates and
associated companies) and our respective dealers, suppliers, licensors,
providers and/or business partners (collectively, “Service Providers”)) to provide you with direct marketing
content (pursuant to which we may or may not receive remuneration in return),
including sending to you notices and/or updates about gifts, discounts,
privileged offers, benefits and promotions related to Services offered by us
and/or the Service Providers, including without limitation: TV, telecommunications, over-the-top (OTT) services, content services,
mobile voice, SMS and data communications, IDD/roaming, Internet connectivity,
cloud services, mobile payment, entertainment, secretarial services, personal
assistant services and information services (such as weather, finance and news
information), device accessories, mobile applications and software, computer
peripheral, accessories and software (including notebooks, handsets, mobile
devices and accessories, keyboards, security installations and mobile
applications), reward, loyalty and privilege programs, lifestyle, networking
events, travelling, banking, alcohol and tobacco, sports, music, gaming,
transportation, household products, food and beverages, finance, insurance,
wealth management services and products, pensions, investments, brokering,
financial advisory, credit and other financial services and products, betting,
education, health and wellness, beauty products and services, fashion and
accessories, electronics, social networking, technology, e-commerce, logistics,
retail, home and décor, media and high-end consumer products and services. Marketing may be carried out in a variety of ways (such as in the form of a letter, bill insert/message, email, digital SMS, MMS, instant message, app push notification, targeted
TV message, broadcast message on eye
device, by telephone, social media or advertisements on websites or other
means).
Before using and providing your Data for
the purposes as set out in this Privacy Statement, where we are required by law
to obtain your written consent, and in such cases, only after having obtained
such written consent, may we use and provide your Data for any promotional or
marketing purpose.
We will honour
each individual's request to not use his/her Data for the purposes of direct
marketing. You may opt-out from receiving direct marketing material and/or
communications from the relevant Service, loyalty program and/or My HKT. At the same time, you may resume
receiving the same (if you have previously opted-out of receiving such material
and/or communications from the relevant Service, loyalty program and/or My HKT) by making a written request to
our Privacy Compliance Officer together with your registered name and service
account number, registered telephone number or login name (as applicable).
Transfer of Data outside
Hong Kong
At times it may be necessary and/or prudent for us to
transfer your Data to places outside of Hong Kong, for instance, for the
prevention, detection or investigation of crime or for storage, processing and
other purposes for which the Data were collected. In the event that we do
transfer your Data outside of Hong Kong, we will do so in compliance with the
prevailing requirements of the Ordinance and the GDPR where applicable.
The safety of your Data
is important to us
All
required efforts are made to ensure that any Data held by us is stored
in a secure and safe place and is accessible only by our authorised employees or other Organisations
referred to in this Privacy Statement.
When
we pass your Data to third party Organisations for
them to process, we seek to ensure that they have appropriate security measures
in place to keep your Data safe and to comply with applicable principles in
relation to data protection. Some of the
people we share your Data with may process it overseas. You can contact us for more information about
the safeguards we use to ensure that your Data is adequately protected in these
circumstances.
Retention of your Data
We
will retain your Data in accordance with our internal policies. Our policies are in compliance with the Ordinance and
the GDPR where applicable, and cover the following principles:
(a) Data will only be retained for as long as is necessary to fulfil the original or directly related purposes for which
it was collected, unless the Data is also retained to satisfy
any applicable legal, regulatory or contractual obligations; and
(b) Data are purged from our electronic, manual and other filing
systems based on the above criteria and our internal procedures.
Links
Our websites (including but
not limited to www.hkt.com, www.1010.com.hk,
www.hkcsl.com, www.tapngo.com.hk, www.netvigator.com, www.now.com, www.nowtv.now.com, www.nowe.com, www.like100.hk, www.hkt-eye.com,
www.uhub.com, www.smartliving.hkt.com, www.hkt.com/hktpremier,
www.esmarthealth.com, www.hkteducation.com,
www.hktshop.com, www.clubsim.com.hk, www.theclub.com.hk, www.clubtravel.com.hk, shop.theclub.com.hk,
www.clublike.com.hk, www.hktflexi.com, www.cs.hkt.com,
www.hktmerchantservices.com, www.hktcare.com, www.clubhope.com.hk and www.hktchina.com) and mobile and TV applications (if
any) may contain links to other websites, webpages and mobile and TV applications operated by third
parties. We have no control over the content of the linked websites, webpages
and mobile and TV applications or the way in which the operators of those
websites, webpages and mobile and TV applications deal with your Data, and are not responsible for the content of such third party websites, webpages or
mobile and TV applications. You should review the privacy policy of such third party websites, webpages
and mobile and TV applications to understand
the ways in which your Data may be used by those third parties.
Your right to access,
correct and delete Data
We take all
reasonable precautions to ensure that the Data
we collect, use and disclose is accurate, complete and up-to-date. However, the
accuracy of that Data depends to a large extent on the Data you provide. You have a right to request access to, and correction
of, your Data and we recommend that you:
(a)
let us know if there
are any errors in your Data; and
(b)
keep us up-to-date with changes to your Data.
If
you wish to access or amend any of your Data we hold, or request that we delete
(only applicable where the rights to erasure is
required by law) any of your information that
is no longer necessary for the provision of our Services, you may contact us in
the manner as set forth under the “How to Contact Us” section.
If
you are a user of My HKT, you may exercise your right of access and correction by
logging on to your My HKT account
where you will be able to view and correct the Data held by us about you. If
you are not a user of My HKT, you may
write to our Privacy Compliance Officer at the details stated in the “How to
contact us” section below.
We may apply an
administrative charge for providing you with access to your Data in response to
such request.
You may decline to
share Data with us and/or withdraw any consents which
you may have provided, in which case, we may not be able to provide you with
some of our Services.
At any time, you may
object to us holding or processing your Data, on legitimate grounds, save and
except as otherwise permitted by the applicable law.
How to contact us
For all issues and
enquiries regarding our compliance with our
obligations under the Ordinance and the GDPR where applicable, and any request
for access to, correction or deletion of your Data, please contact us in writing at:
Privacy
Compliance Officer
HKT Limited
GPO
Box 9896, Hong Kong
or via email to: privacy@pccw.com
To
raise an issue regarding our handling of your Data,
please contact us in order that we can attempt to resolve your issue.
This
Privacy Statement may be amended from time to time and all handling of Data will be governed by the most recent version of this
Privacy Statement, available on our website at www.hkt.com/legal/privacy.html.
If there is any inconsistency between the English and Chinese versions of the
Privacy Statement, the English version will prevail.
* HKT Limited is a company incorporated in the Cayman
Islands with limited liability.
Version:
January 2021
Personal Information Collection Statement
Please note that the fields of information
marked with asterisks (if any) must be provided before we can provide you with
the subscribed service(s). You may
choose not to provide the optional information (i.e. the fields not marked with
asterisks) but your user experience will be affected if we do not have the
relevant information to offer you with enhanced and personalised
services.
The
personal data and other information that you provided and other information
collected, generated and/or compiled by us about you from time to time
subsequently (collectively, "Data")
will be collected, used and retained by the relevant service provider(s) of the
service(s) you are subscribing / registering to and other relevant services
(collectively, “Services”), being
one or more of the members of the Group (being, HKT Limited, PCCW Limited and
their respective subsidiaries, affiliates and associated companies) (HKT
Limited is a company incorporated in the Cayman Islands with limited liability), including but not limited to Hong Kong
Telecommunications (HKT) Limited, CSL Mobile Limited, PCCW Media Limited, Moov (Hong Kong) Limited, PCCW OTT (Hong Kong) Limited, eSmartHealth Limited, HKT Education Limited, Club HKT
Limited, HKT CSP Limited, HKT Payment Limited, HKT Financial Services (IA)
Limited and HKT Flexi Limited (as
the case maybe), in accordance with the requirements of the Personal Data
(Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and other applicable
laws, rules and regulations.
The
details of the collection, compilation, retention, use, disclosure and
processing of the Data and any further information about the Services are set
out in the applicable terms and conditions of the Services, this Personal
Information Collection Statement, the Privacy Statement of the HKT Group (www.hkt.com/legal/privacy.html) and/or the Privacy Statement of the PCCW
Group (www.pccw.com/legal/privacy.html).
The
Data may be disclosed to, used or retained by other members of the Group, their
respective agents (including debt collection agent) and business
partners for purposes related to the provision of the Services and other
purposes to which you have consented at any time. We may also be ordered by regulatory bodies,
government authorities and courts of law in different jurisdictions to disclose
the Data in order to comply with legal obligations and duties imposed on us.
Subject
to your rights as given or to be given, we may use your Data (including,
without limitation, your name, contact particulars, service usage, subscription
/ registration details, location data and other customer profiling data), for
the purpose of direct marketing, including sending to you notices and/or
updates about gifts, discounts, privileged offers, benefits and promotions
related to the Services as well as other products and/or services, including
without limitation: TV, telecommunications, over-the-top (OTT) services,
content services, mobile voice, SMS and data communications, IDD/roaming,
Internet connectivity, cloud services, electronic/mobile payment,
entertainment, secretarial services, personal assistant services and
information services (such as weather, finance and news information), device
accessories, mobile applications and software, computer peripheral, accessories
and software (including notebooks, handsets, mobile devices and accessories,
keyboards, security installations and mobile applications), reward, loyalty and
privilege programs, lifestyle, networking events, travelling, banking, alcohol
and tobacco, sports, music, gaming, transportation, household products, food
and beverages, finance, insurance, wealth management services and products,
pensions, investments, brokering, financial advisory, loan and credit and other
financial services and products, betting, education, health and wellness,
beauty products and services, fashion and accessories, electronics, social
networking, technology, e-commerce, logistics, retail, home and décor, media
and high-end consumer products and services.
You have a right to
withdraw your consent to the use of your Data for direct marketing purpose (if
given) at any time. You are also
entitled to access, correct or enquire about your personal data being held by
us. For any such request, please do so
by writing to the HKT Group's Privacy Compliance Officer (GPO Box 9896 or privacy@pccw.com) and/or the PCCW Group's Privacy Compliance
Officer (GPO Box 9872 or privacy@pccw.com).
Version: June 2021