Application of this Policy
This Policy is issued pursuant to the Personal Data (Privacy) Ordinance (Cap. 486) (the “PDPO”) by Apex Motors Limited, whose registered address is at Unit 1312, 13/f, Metroplaza Tower 2, 223 Hing Fong Road, Kwai Chung, New Territories, Hong Kong (“Apex”, “we”, “us”, or “our”). We respect your privacy and are committed to complying with the PDPO and protecting the personal data you provide to us. This Policy applies as between us and you (“you”, or “your”) as our customer, when you attend our events, and/or as a user of our website at www.apexcarshk.com (the “Website”). This Policy should be read together with any of our terms and conditions which refer to this Policy, including, but not limited to, our Motor Vehicle Sales and Purchase Terms and Conditions, our Motor Vehicle Warranty (“Terms and Conditions”), provided that, in the event of any inconsistency between this Policy and any Terms and Conditions, the Terms and Conditions shall prevail in relation to their respective subject matter.
In this Policy, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“Affiliates” means affiliated or related companies from time to time. The information of the companies can be obtained by request at email@example.com, whose activities include the Retail Goods and Services.
“Database” has the meaning ascribed to it in paragraph 2.2.
“Direct Marketing Subjects” has the meaning ascribed to it in paragraph 4.1.
“Motor Vehicle Sales and Purchase Terms and Conditions” means Apex’s motor vehicle sales and purchase terms and conditions as provided to customers who purchase motor vehicles from Apex, as amended from time to time, which can be obtained by request at firstname.lastname@example.org.
“Motor Vehicle Warranty” means Apex’s motor vehicle warranty as provided to customers who purchase motor vehicles from Apex, as amended from time to time, which can be obtained by request at email@example.com.
“PDPO” has the meaning ascribed to it in paragraph 1.1.
“Personal Data” means any personal data, including:
your name (including aliases), title, gender, marital/relationship status, and family status;
occupation and position/job title;
contact details (including email address, telephone number, facsimile number, home address, organisation, business address, and web address);
transaction records (including details about payments to and from you, details about goods and services you have purchased directly from Apex, characteristics and transaction behaviour, and credit and credit card information);
technical information where you access the Website (including internet protocol address, login data, browser (type and version), time zone setting and geo-location information, browser plug-in types and versions, operating system (type and version), equipment identifier (e.g. IMEI), device type/manufacturer, network type, wireless carrier/operator, other technology on the device used to access the Website, and how the Website is used);
profile information (including personal identifiers, social media links, personal and professional interests and preferences, favourite activities, any vehicles or other goods and services you may have purchased, any events you may have attended, and your experiences of and how you use our goods and services, preferred language, and dietary requirements);
direct marketing information (including whether you have consented to receive direct marketing, and your preferences in receiving direct marketing, from us and certain third parties as set out in this Policy); and
any other information provided to Apex in the purchase of a motor vehicle from Apex and/or when you register for an account and/or sign-up to receive direct marketing from Apex on the Website.
“Purposes” has the meaning ascribed to it in paragraph 3.1.
“Retail Goods and Services” means sales of goods or provision of services in relation to any of the following (whether through physical or online channels or in any other media now known or available in the future): motor vehicles, motor vehicle goods and services, vehicle towing, motor vehicle and general merchandise, food and beverages, restaurants, catering, groceries and household goods, health and beauty, pharmaceutical products, medical and pharmaceutical services, therapists, fragrance and cosmetics, wine and liquor, cigarettes and cigars, stationary, books and paper products, toys, clothing, shoes, baby products, pets products, fashion accessories, bags and luggage, jewellery, watches, furniture, plants and accessories, sports and leisure equipment, phones and mobile devices, electronics and electrical appliances, computer software and games, fuel, tutoring, mentoring, home cleaning, janitor services, landscape and plant maintenance services, agricultural services, part-time housekeeping, plumbing services, locksmiths, barber and salon services, gym and fitness services, laundry services, florists, catering services, building maintenance, business information services, business support services, brokerage services, conference and exhibition management services, consultancy and marketing research services, supply chain management, events, event and project management services, gaming services, advertising and public relations services, media production services, recreational services, banking, lending, investment and financial services, debt collection agencies, trust services, valuation services, secretarial services, data storage and management services, courier services, shipping services, graphic and interior design services, legal services, accounting, auditing, bookkeeping and taxation services, engineering services, architectural services, surveying services, equipment rental services, hospitality services, insurance services, Internet services, telecommunication services, testing services, photography services, printing and publishing services, property management services, real estate agencies and management, security services, home inspection services, storage and warehousing services, utilities services, oil and gas distribution, remittance services, travel agencies and tourism services, airlines, boat, limousine, taxi, truck and other transportation services, hospitals and nursing homes, childcare services, funeral services, casino services, investigative services, retail solutions, retail services and wholesales.
“Service Providers” means our third party authorised retailers, dealers, service centres, representatives, contractors, agents, marketing partners, and/or advisers from time to time which provide the Retail Goods and Services, and including those companies listed here:
Champion Motor Sport (www.championmotorsport.hk)
Personal Data: What and Why
We collect your Personal Data for our Purposes and for and on behalf of the Purposes of our Affiliates and/or Service Providers as set out in this Policy.
To enable us to perform the Purposes, when you purchase our goods and services (including, but not limited to, motor vehicles) and/or when you use the Website, it is necessary for you to provide us with your Personal Data that is marked as being “required” or “mandatory”. If you do not provide us with complete and correct Personal Data that is stated to be required/mandatory, we may not be able to perform the Purposes or provide goods and services to you.
We may also request other information about you. It is entirely voluntary for you to provide this and other information which is not marked as “required” or “mandatory” in the relevant registration form and/or order form (though please note that such personal data are used for the purpose of improving our understanding of you and the use of our Website, and providing better goods and services).
While any rights, title, and interests in and to your Personal Data provided to us shall be your sole and exclusive property, the database of such Personal Data and any and all rights, title, and interests (including, without limitation, any Intellectual Property) in the aggregate and compilation of the Personal Data (the “Database”) shall be the sole and exclusive property of, and owned by, Apex. You acknowledge that we shall have the right to collect, hold, process and/or use, the Personal Data in the Database in each case for the Purposes as set out in, and in accordance with, this Policy.
Except for the purposes as set out in, and in accordance with, this Policy, we shall keep your Personal Data confidential. Our policies and practices with respect to the collection, use, retention, disclosure, transfer, security, and access of your Personal Data will be in accordance with the laws of Hong Kong (including, but not limited to, the PDPO), and are as set out in this Policy.
When you use the Website, we also automatically receive and collect information in relation to your browser, operating system (type and version), equipment identifier (e.g. IMEI), device type/manufacturer, network type, wireless carrier/operator (as applicable). This information is anonymous, and cannot be used to identify you (and so is not Personal Data for the purpose of this Policy), but will also help us to improve our understanding of the Website’s users, and provide better products and/or services.
Purposes of use of your Personal Data
You agree that all the Personal Data provided by you to us and all information relating to your access to, and use of, the Website may be used and retained by us for the following purposes (the “Purposes”):
subject to your consent, sending you direct marketing in accordance with this Policy;
selling vehicles or parts to you and providing you with good and services (including, but not limited to, under and through the Website) where you have requested us to do so;
to manage our relationship with you, including notifying you about changes to this Policy and/or our Terms and Conditions;
registering an account for you on the Website;
following the registration of your account on the Website, accessing and managing your account (including, but not limited to, changing your password, updating your Personal Data, subscribing/unsubscribing from direct marketing, etc.);
storing your personal data (whether physically, electronically, or any other means whether now known or available in the future);
providing you with customer support, including investigating and responding to enquiries, complaints, and/or suggestions from you (including, but not limited to, through the Website, or by telephone, text, email, mail, and/or or other media whether now known or available in the future);
seeking your feedback, including through surveys, in relation to the Website and/or our (and our Affiliates’ and/or our Marketing Partners’) goods and services (including, but not limited to, through the Website, or by telephone, text, email, mail, and/or or other media whether now known or available in the future);
to deliver relevant content to you through the Website (and measure and understand the effectiveness of such content), improving the Website and our (and our Affiliates’ and/or our Marketing Partners’) goods and services;
the normal management, operation, and maintenance of the Website;
carrying out data sorting and analysis to give a better understanding of your characteristics and buying behavior, to provide other goods and services better tailored to your needs, and to assist in selecting Retail Goods and Services that are likely to be of interest to you;
designing new or improving existing goods and services;
prevention or detection of crime;
disclosure as required by law or court orders;
aggregated behavioural analysis, including using anonymised Personal Data for statistical and demographic analysis, data science studies, and data mining;
other purposes ancillary or related to the above.
Purposes of use of your Personal Data
Subject to your consent, we would also like to use your Personal Data to send you direct marketing (including, but not limited to, through the Website, or by telephone, text, email, mail, and/or or other media whether now known or available in the future) about Apex, our Affiliates, and/or our Service Providers in relation to the following types of goods or services:
Retail Goods and Services (including, Apex goods and services, events, promotions, and special offers);
exhibition, import and export services and trading;
financial, insurance, banking and credit cards;
transportation, travel, and accommodation;
sports, leisure, recreation, and entertainment;
telecommunications goods and services; and
e-commerce (including trading and payment platforms and online auctions)
(together the “Direct Marketing Subjects”).
Please note that we cannot so use your Personal Data for such direct marketing purposes unless we have received your consent.
You may opt-out of receiving direct marketing from us, our Affiliates, and/or our Service Providers at any time by contacting us in accordance with paragraph 8.1
As we may share your Personal Data with our Affiliates and/or our Service Providers, we may also receive your Personal Data from them. Subject to your consent given to our Affiliates and/or our Service Providers, we may also use such Personal Data to send you direct marketing (including, but not limited to, through the Website, or by telephone, text, email, mail, and/or or other media whether now known or available in the future) about Apex, our Affiliates, and/or our Service Providers in relation to the Marketing Subjects.
Disclosure and transfer of your Personal Data
We may engage our Affiliates, Service Providers, and/or Marketing Partners in connection with the Purposes and/or the provision of the Retail Goods and Services, and so may disclose and transfer (whether in Hong Kong or abroad) your Personal Data:
to our Affiliates and/or our Service Providers so that they may provide development and maintenance, administrative, data processing, research and marketing, distribution, IT and telecommunications, digital storage, professional, or other similar services to us. This includes, without limitation, cloud hosting service providers, which provides us with digital storage services on its servers.
subject to your consent, to our Affiliates and/or our Service Providers (including for gain) to send you direct marketing (including, but not limited to, through the Website, or by telephone, text, email, mail, and/or or other media whether now known or available in the future) about Apex, our Affiliates, and/or our Service Providers in relation to the Direct Marketing Subjects;
for aggregated behavioural analysis (including using anonymised Personal Data for statistical and demographic analysis, data science studies, and data mining)
to any of our actual or proposed purchasers, assignees, or transferees of our rights with respect to your Personal Data in the event of any actual or proposed transfer of business, transfer of shares, re-structuring, amalgamation, merger, sale, transfer, or purchase of us or our Affiliates (in whole or in part), to use, hold, process or retain such Personal Data for the Purposes;
any person to whom Apex is under an obligation or otherwise required to make disclosure under the requirement of any law binding on or applying to Apex or any of its Affiliates, or any disclosure under and for the purposes of any guidelines or guidance given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers with which Apex is expected to comply or any disclosure pursuant to any contractual or other commitment of Apex with local or foreign legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers, all of which may be within or outside Hong Kong and may be existing currently and in the future.
Your Personal Data may be transferred to and/or stored by us in physical locations and/or servers located within or outside Hong Kong and/or shared with our Affiliates and/or our Service Providers located within or outside Hong Kong. However, we will take all reasonable measures to ensure that your personal data is stored and processed securely, regardless of the country or place in which it is stored, and we procure by contract or use our reasonable endeavours to ensure that our Affiliates and our Service Providers do the same.
In additional to our own cookies, we may also include third party cookies to report usage statistics of our service and/or the Website, and interact with third party websites and/or platforms.
The Website may ask you for your geo-location. You may choose not to share your geo-location information by configuration of your mobile device’s geo-location service settings. Please contact your mobile device’s manufacturer if you require assistance on configuring the geo-location service settings.
Third party links
Your rights in relation to your Personal Data
You have the right to:
check whether we hold any of your Personal Data;
access your Personal Data held by us;
require us to correct any Personal Data which is inaccurate;
ascertain our policies and practices (from time to time) in relation to personal data generally, and the types of personal data held by us; and
withdraw consent from receiving direct marketing materials from us at any time.
If you would like to make a request in relation to the above (or make any general enquiries), please send us your request or enquiry in writing by post or email addressed to:
Data Protection Officer
Apex Motors Limited
Unit 1312, 13/f, Metroplaza Tower 2
223 Hing Fong Road
Kwai Chung, New Territories
Email address: firstname.lastname@example.org
In accordance with the PDPO, we have the right to charge you a reasonable fee for the processing of any Personal Data access request.
We reserve the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. Where there are significant changes, we will notify you (including, but not limited to, through the Website, or by telephone, text, email, mail, and/or or other media whether now known or available in the future) and, where required by law, obtain your acceptance of the changes, consents, and/or opt in (as necessary or applicable). If you do not accept the changes and/or provide your consent, then we may not be able to perform the Purposes and/or provide goods or services to you.
Nothing in this Policy shall limit your rights under the PDPO.
Assignment. You shall not assign any of your rights or obligations under this Policy to any third party without our prior written consent. We have the right to assign any of our rights or obligations under this Policy at any time. You agree that you shall, in the event of any such assignment of our obligations, release us from any of our obligations, provided that the relevant assignee agrees to assume any and all such obligations.
Force majeure. If, by any reason of any event of force majeure or acts of God which shall directly or indirectly cause any party to this Policy to be delayed in, or prevented from, performing any of the provisions of this Policy, then such delay or non-performance shall not be deemed to be a breach of this Policy, and no party shall be responsible or liable to the other for such failure in delay or performance, and no loss or damage shall be claimed by any party hereto from the other by reason thereof.
Severability. The provisions of this Policy shall be severable, and if any provision, or part-provision, of this Policy shall be held or declared to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect any other provision, or part-provision, of this Policy, and the remainder of this Policy, disregarding such illegal, invalid or unenforceable provision, or part-provision, shall continue in full force and effect as through such illegal, invalid, or unenforceable provision, or part-provision, had not been contained in this Policy.
Waiver. No provision of this Policy shall be deemed waived, unless such waiver shall be in writing and signed by the party against which the waiver is sought to be enforced. The waiver by a party of any breach of any provision, or part provision, of this Policy by another party shall not be construed to be either a waiver of any succeeding breach of any such provision or a waiver of the provision itself. No single or partial exercise of any right or remedy shall prevent or restrict further exercise of that or any other right or remedy.
Third party rights. This Policy does not create any right enforceable by any person who is not a party to this Policy under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong), irrespective of whether or not a clause of this Policy confers or purports to confer a benefit on such person.
Governing law and jurisdiction. This Policy, and any disputes, controversies, differences, or claims arising out of, or in connection with, it or its subject matter or formation (including non-contractual disputes or claims), are, and shall be, governed by, and construed in accordance with, the laws of Hong Kong, and each of the parties irrevocably submits to the exclusive jurisdiction of the Hong Kong courts.
Effective: 1st December 2019