PRIVACY POLICY STATEMENT

Updated on 6 July, 2017

The Pond ("The Pond") recognizes the importance of your privacy. This privacy policy statement ("this Privacy Statement") explains how personal data is collected and used by The Pond.

Please read this Privacy Statement carefully. By accessing or utilizing services on www.jadegarden.com.hk or its Facebook fans page (collectively, "this Website") or The Pond mobile applications ("these Apps") means that you have accepted the terms of this Privacy Statement. If you are unwilling to be bound by the following terms, please do not use this Website or these Apps. If you complete any form via this Website or these Apps, after you have completed the form and pressed the button "submit", it indicates that you have read and understood this Privacy Statement and agreed to how personal data are collected and used as provided in this Privacy Statement. The Pond reserves the right to change or modify the contents of this Website or these Apps at any time and unilaterally change this Privacy Statement without notification. You should regularly check whether this Privacy Statement has been modified via this Website and these Apps, as your continued use of this Website indicates your acceptance of any change to this Privacy Statement. However, if the modification might materially affect the way we use or disclose your information (including your personal data) ("Data"), we will ask for your consent prior to any modified use. "You", and "users" refer to any person that accesses this Website or these Apps for any reason.

1.     Collection of Data and its purposes

When you use this Website or these Apps to submit application, make enquiry and/or otherwise use the services provided on or via this Website or these Apps, you may have to provide to The Pond your Data including but not limited to your name, gender, age range, contact details, email address and facebook ID. You agree to provide to The Pond such information voluntarily. You agree and understand that any and all of the Data you provided to The Pond will be collected and used as follows:

(a) for verification of identity and record;

(b) for displaying on the relevant portal when you use this Website, these Apps, the Internet and other channels in managing your Data;

(c) for analysis and for comparison with others' Data in order to develop The Pond products or services and market promotion programmes;;

(d) for communicating with you offers and promotions in relation to food and beverage and catering services provided by The Pond, its affiliated companies and business partners in joint promotions;

(e) for storing communication contacting details;

(f) for generating survey on user traffic on this Website;

(g) for processing of your orders and service requests;

(h) for collecting payment, processing of any payment instructions and direct debit fees;

(i) for internal monitoring, including calculating any amount you should receive or owe, make payment to or request payment from you, and collecting any fees or enforcing guarantee granted to or granted by the users;

(j) for facilitating daily operation of your account; and

(k) for implementing your instruction, responding to your enquiries or those made in your name, and providing efficient and responsive service.

2.     Direct marketing

After you have provided personal verifiable Data to The Pond, you may from time to time receive telephone calls, SMS, emails and direct mails containing direct marketing information on offers and promotions in relation to food and beverage and catering services provided by The Pond, its affiliated companies and business partners in joint promotions.

In the event of joint promotion, the details of the joint promotion will be sent either by The Pond or its communications service provider but not by the joint promotion partner.

If you do not wish to receive any such direct marketing communications, whether or not you have consented to The Pond providing you such information, you can at any time send us your request with your name to The Pond Data Privacy Officer via email at: dataprivacyoffice@maxims.com.hk or by post to: Data Privacy Officer, The Pond Caterers Limited, 18/F, The Pond Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong

3.     Personal Data (Privacy) Ordinance

The Pond complies with Hong Kong laws including Personal Data (Privacy) Ordinance in its policy and the ways it collects, uses, stores, discloses, transfers, protects and accesses Data.

4.     Retention, storage and disclosure of Data

You acknowledge, agree and authorize us to retain and store the Data you provided in one or more databases of The Pond within or outside Hong Kong, and to provide, disclose, access and transfer such Data to:

(a) any employee of The Pond and its affiliated companies who are authorized to handle such Data for the purposes for which such Data are collected;

(b) any contractor or agent which provides administrative, telecommunication, computer, payment, insurance, professional or other services to The Pond and is engaged by The Pond for the purposes for which such Data are collected or relevant to the purposes for which such Data are collected;

(c) anyone that The Pond has to make disclosure to in accordance with the requirements of applicable laws, administrative policies or regulations;

(d) anyone who reasonably requires The Pond to make disclosure in order that The Pond can implement the purposes listed in this Privacy Statement.

You agree that The Pond can disclose your Data in the following reasonable and necessary circumstances:

(i) in compliance with relevant laws;

(ii) to execute or implement any terms of use relating to your use of this Website, these Apps or the services provided by The Pond;

(iii) to protect rights, properties or interests of The Pond, its affiliated companies, employees, agents, customers and users; or

(iv) in compliance with this Privacy Statement.

The Pond specifically states herein that it has not and will not sell your Data. The Pond also will not provide, disclose, allow access and transfer your data to any third party other than the above.

The Pond will retain your Data after you have provided your Data via this Website or these Apps. Your Data will be retained for not more than one year after the termination of the purpose for which you provided your Data, and thereafter erased.

5.     Security of Data

The Pond will use various security technologies and procedures to protect your Data from unauthorized access, use or disclosure. Because of the nature of Internet, The Pond cannot guarantee the security on any transfer of Data. However, The Pond will take all practical and feasible measures to ensure any Data collected by this Website or these Apps will not be intercepted by any third party. You must be clear that The Pond advertisers or any website with links to this Website may collect your Data. You must read the relevant privacy statement carefully before you provide your Data to them. Your provision of your Data to any third party has nothing to do with The Pond and The Pond will not have any responsibility on such. If The Pond receives relevant Data from a third party, it will retain the information in the usual strict secured and confidential standards.

6.     Amendment to Data and contacting The Pond Data Privacy Officer

You are aware that according to Personal Data (Privacy) Ordinance, you have the right to access your personal data held by The Pond and request amendment to your personal data. If you need to access your personal data held by The Pond, please send your request with your name to The Pond Data Privacy Officer via email at dataprivacyoffice@maxims.com.hk . Other than e-mail, you can also contact The Pond Data Privacy Officer via Postal address: The Pond Data Privacy Officer, The Pond Caterers Limited, 18/F, The Pond Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong. Tel: 852-2101 1333.

7.     Cookies and third-party applications

The Pond may use cookies on this Website. Cookies is a small text file that is placed on your hard disk by a Web page server. Cookies is not designed to use for or intended to use for accessing any information (except for the information on the cookies) of the user's computer. On the contrary, it is an identifier placed on your hard disk. Cookies contain information that can later be searched by the same Web page server to identify a particular computer and cater for the use of the user and allow monitor and management of such use according to the information stored by that server. Therefore, cookies only provide to the website the information on the user's computer and the website can link up such information of the cookies with other information such as personal identifier information. Similarly, The Pond may use third-party applications in these Apps. The purpose for this Website or these Apps to use cookies or third-party applications is to allow automation on signing in and registration of information so that you are linked to the information for online purchase when you make purchase (if any) on this Website or these Apps, to adjust this Website or these Apps to your preferences or to personalize promotion or marketing. In addition, use of cookies or third-party applications may allow The Pond to track the use of this Website or these Apps to determine what content is useful or popular so that The Pond can effectively develop and improve this Website or these Apps. You can modify your web browser on the use of cookies so that it will send you warning or you can decline acceptance of cookies. Please note this Website may not function normally or permit your signing in if you choose to decline acceptance of cookies.

8.     Use of Web Beacons

The Pond may use Web beacons on this Website or other websites and allow third party to place Web beacons on this Website to monitor the effectiveness of promotion or other legal purposes. Web beacons are also called web crawler. It is an object that is embedded in a web page or email which allows checking by website owner or a third party on whether a user has viewed the page or email. It is usually invisible to the user as its size is generally very small (1x1 gif) and has the same colour as the web page, document or email. Web beacons are identified as HTML IMG on web pages. Users can click on the information option on the web page to find out whether Web beacons are used on the web page. Web beacons can link to personal information. For example, advertising network uses web beacons to add on personal information the web pages a person visited and based on such information to add a particular kind of advertising bars. Web beacons can also be used to independently track the number of people visiting the web site.

9.     Links to third parties' websites or applications

Please note that The Pond provides links to third parties' websites or applications as a service to users or acknowledgement of the applications. The Pond is not responsible for the contents on such web pages or third-party applications or how information is collected. The Pond recommends you to read and understand the privacy measures of any such third parties website or applications before you submit any information to them.

10. Children

This Website or these Apps does not plan or intend to collect Data from underage below 18. To respect the privacy of underage, underage below 18 should not provide any Data via this Website or these Apps. The Pond asks that parents monitor their children when they surf on the web/browse on these Apps.

Welcome to use or register as member of www.thepond.com.hk ("this Website") of The Pond ("The Pond").

Please read the following terms of use of this Website ("these Terms of Use") carefully. Your use of this Website means that you have accepted these Terms of Use. If you are unwilling to be bound by these Terms of Use, please do not use this Website. If you register as a member of this Website, after you have completed the membership registration form and press the button "submit", it indicates that you have read and understood these Terms of Use and agreed to be bound by them. The Pond reserves the right to change or modify the contents of this Website at any time and has the right to unilaterally change these Terms of Use without notification. You should regularly visit this Website to find out whether these Terms of Use that are binding on you have been revised, as your continued use of this Website indicates your acceptance of any change to these Terms of Use. "You", "your", "users" and "members" refer to any person and/or entity that accesses this Website for any reason.

1.     Description of services provided by this Website

This Website provides information about The Pond, information on The Pond business and stores, latest promotion, Group information, business development, job opportunities, restaurant search, vouchers, banquet adviser, online ordering and contact information. [Note: To be updated according to the tab names on the website.]

2.     Personal use

All the information contained within this Website is for reference, interaction and purchase only. It is for individual use only and should not be used for commercial purposes. You agree not to, in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described in this Website, or any derivative works based on them, or use such works. You agree to indemnify The Pond against any of your unauthorised use of any material from this Website, defend The Pond and prevent The Pond from any harm. You agree that your unauthorized use of the contents of this Website may result in irredeemable losses to The Pond and in the event of your unauthorised use, The Pond has the right to apply for a restraining order in addition to any other remedies under common law or equity.

3.     Data collection statement

When you use or become a member of this Website, you may have to provide to The Pond your information (including but not limited to your name, gender, age range, contact details and email address) ("Data"). You agree to provide to The Pond such information voluntarily. If the information you provided is incomplete or incorrect, The Pond will be unable to register you as a member or provide or continue to provide related services, or may not allow you to enter or may discontinue your use of this Website. You assure The Pond that the information you provide The Pond is correct, truthful, valid and complete. The Pond has the right, without notice, to cancel your membership and qualifications and/or refuse to allow you to use this Website or its services at the present time or in the future. Please go to the link for The Pond privacy policy statement.

4.     Members registration

When you registered as a member, you may have to adopt a user name and password. You must keep your user name and password confidential and be responsible for all activities that use such user name and password. The Pond will not be responsible for any loss that you may suffer as a result of someone else using your user name and password, with or without your knowledge, for any activities. But in such circumstances, you agree that you will be liable for losses incurred by The Pond as a result of someone else using your user name and password. If you breach any of these Terms of Use, or The Pond suspects that you breach any of these Terms of Use, or The Pond believes that your behaviour has breached any applicable laws or damaged the interests of The Pond, its associated companies or other users, The Pond reserves the right to without notice to you cancel your member registration and qualification, or refuse your entry to this Website and use its services, and take legal action against you. After your registration as a member of this Website, you can apply to The Pond to withdraw your membership at any time by writing to dataprivacyoffice@maxims.com.hk. Unless you request The Pond in writing to delete your personal information, after withdrawal of your membership, The Pond reserves the right to continue use of your personal information pursuant to these Terms of Use so that you could receive The Pond information from time to time.

5.     Promotional activities

The Pond will periodically carry out promotional activities on this Website. If the promotional activity involves winning or accumulating points or other rewards, The Pond will be the final arbitrator of the total number of points awarded according to its records and you shall not dispute such decision.

6.     Underage persons

If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, and when using this Website gives rise to legal obligation or responsibilities, you should not provide any personal information described in these Terms of Use and will not be allowed to use this Website. If you want to enter and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of these Terms of Use and the consequences that entail. The Pond assumes that all users and members of this Website are of legal age. The Pond is not obliged to check your age but if it is found that any user or member is underage, The Pond reserves the right to take action against such user or member or his/her parents/guardian including cancelling your membership or refusing your access to this Website.

7.     Use of materials

The contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of this Website (including the collection, arrangement and compilation of such materials) ("Materials") are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of The Pond or website contents provider of The Pond or its clients. Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. If you make any copy of the Materials, you must retain the notice of copyright, trade mark, service logo or other exclusive rights as used in the original copy. You could only make one copy, and unless otherwise provided, such copy can only be used for personal use, not commercial use. Without any prior written permission from The Pond, you shall not, for any public or commercial purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.

8.     Legal use of this Website

You can only use this Website for legal purposes and cannot use this Website to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of this Website, the Materials and/or products provided in this Website. You have the responsibility to judge whether any of your actions will infringe the rights as described above. You shall not, in any way, change any Materials or product provided in this Website and shall not interfere with the operation of this Website in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website. You shall also not use this Website or other method to collect the details of other users. Without express permission from The Pond, this Website or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.

9.     Limitation of liability

There may be incorrect material or typesetting errors in this Website. The Pond does not give any implied or non-expressed guarantee and does not guarantee the correctness, reliability, completeness or timeliness of any material of this Website. The Pond does not accept any liability for the contents of other websites or anything uploaded on this Website or linked to this Website, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal or gives rise to a claim or complaint. You will be responsible for any consequences resulting from use of this Website or its links. These websites are likely to change at any time or change periodically, so please check related materials regularly. The Pond does not guarantee the following: this Website will be totally free of errors now and in the future, this Website and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that this Website is timely, safe and will not be discontinued. If your use of these website material results in the need to repair or renew equipment or data, The Pond accepts no liability for any resulting expenses. For any damage or injury, regardless of direct or indirect breach of contract, infringement, negligence or any factor (including but not limited to, accidental damage, indirect damage, loss of profit, or damage resulting from the loss of data or business termination), arising from use or inability to use the materials of these websites, or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line communication, soft or hard ware problem (including but not only loss of data or compatibility problems), theft or resulting from damage or changes to the websites whether or not a result of the use of this Website or uploading or downloading of this Website's data, text, images or other materials or data, and regardless of whether The Pond has been notified of the likelihood of such damage, The Pond and any third party mentioned on this Website shall not, within the legally allowed scope, bear any liability.

10. Compensation

In the event of any compensation claim, program, damage compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user's infringement of these Terms of Use or illegal behaviour, the user agrees to compensate The Pond and its affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.

11. Severability

If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect.

12. Applicable law

These Terms of Use shall be interpreted according to the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and be governed by Hong Kong laws. You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between The Pond and you.