Introduction

[Something Ode] (collectively referred to as “Something Ode”, “we”, “us” or “our”) committed to respecting the privacy rights of visitors to its website. This privacy policy (“Policy”) explains how we collect, store and use personal data about you when you browse our website at somethingode.com (the “Website”), shop with us on the Website or otherwise provide your personal data to us and tell you about your privacy rights and how the law protects you. 

Please refer to the section headed ‘Glossary’ to understand the meaning of some of the terms used in this privacy policy.

 

Important information and who we are 

Purpose of this privacy policy

This privacy policy (“Policy”) aims to give you information on how Something Ode collects and processes your personal data through your visit of our Website, including any data you may provide when you create an account or purchase a product. Something Ode is committed to complying the Personal Data (Privacy) Ordinance (Cap. 486) under the laws of Hong Kong. 

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

Controller

Something Ode is the controller and responsible for your personal data (“Personal Data”). For further details in relation to the Personal Data that we collect from you, please refer to the section headed “The data we collect about you” below.

We have appointed a data protection officer (“Officer”) who is responsible for overseeing questions and enquiries in relation to this Policy. If you have any questions or enquiries in relation to this Policy, including any requests to exercise your legal rights in relation to any Personal Data, please contact the Officer with the contact details set out in the section headed “Contact Details” below. 

Changes to the Policy and your duty to inform us of changes

We keep the Policy under regular review and reserves the right to modify and change the Policy at any time. Any changes to this Policy may be published on our Website.

It is important that the Personal Data we hold about you is accurate and up to date. Please update your Personal Data anytime by accessing your account on the Website or contact us if your Personal Data changes at any time during your relationship with us.

Third-party links

Our Website may include links to third-party websites, plug-ins and applications (“Third Party Links”). Clicking on the Third Party Links or enabling those connections to your device may allow third parties to collect or share your Personal Data. We do not control these third-party Websites and do not endorse and are not responsible for their privacy policies. When you leave our Website through these Third Party Links, we encourage you to read the privacy policy of every website you visit.

 

The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

When you create a Something Ode account on the Website, we may collect, use, store and transfer different kinds of Personal Data about you which may include the following:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone and mobile numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products that you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, access times and dates, browser history, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website. 
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, the pages within the Website you visit, the time you spent on each page within the Website, items and information you searched on our Website, feedback and survey responses.  
• Usage Data includes information about how you use our Website and products. 
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Other Data includes any other specific information that will help us to better assist you.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Policy.

 

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

 

How is your personal data collected? 

We use different methods to collect Personal data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:

• purchase our products on the Website;
• create an account on the Website;
• subscribe to our publications; 
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us. 

• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
• Third parties or publicly available sources. We will receive Personal Data about you from various third parties and public sources as set out below:
• Technical Data from the following parties:

1. analytics providers; 
2. advertising networks; and
3. search information providers.

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
• Identity and Contact Data from data brokers or aggregators.
• Identity and Contact Data from publicly available sources.

 

How we use your personal data 

We will only use your Personal Data when and to the extent the law allows us to. Most commonly, we will use your Personal Data in the following circumstances:

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

 

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we can use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you and your account as a new customer	(a) Identity  (b) Contact	Performance of a contract with you
To process your orders and deliver the products you purchased from the Website including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us and verify and carry out financial transactions in relation to payments you make on the Website	(a) Identity  (b) Contact  (c) Financial  (d) Transaction  (e) Marketing and Communications	(a) Performance of a contract with you  (b) Necessary for our legitimate interests (to recover debts due to us)
To update you on the delivery of the product and for customer support purposes	(a) Identity  (b) Contact  (c) Profile  (d) Marketing and Communications	(a) Performance of a contract with you  (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To manage our relationship with you which will include: (a) Managing and administering your account with us (b) Notifying you about changes to our terms or Policy (c) Asking you to leave a review or take a survey	(a) Identity  (b) Contact  (c) Profile  (d) Marketing and Communications	(a) Performance of a contract with you  (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To administer and protect our business and Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To provide relevant product/service information and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity  (b) Contact  (c) Profile  (d) Usage  (e) Marketing and Communications  (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To audit the downloading of data from our Website, use data analytics to improve our Website, products/services, marketing, customer relationships and experiences	(a) Technical  (b) Usage	Necessary for our legitimate interests (to define types of customers for our products/services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about products/services that may be of interest to you	(a) Identity  (b) Contact  (c) Technical  (d) Usage  (e) Profile  (f) Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)

 

Marketing and Advertising

When you register as a use on the Website, we may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you and may use such Personal Data to send you marketing and/or promotional materials from time to time. You will receive marketing communications from us or other third parties if you have requested information from us or purchased goods or services from us and you have not opted out of receiving those communications.

You have the right to opt-out of subscribing marketing and/or promotional materials from us and/or any such third parties at any time by contacting us or using the unsubscribe function within the marketing and/or promotional material. Where you opt out of receiving these marketing communications, this will not apply to Personal Data provided to us and our uses thereof as a result of a product/service purchase, product/service experience or other transactions.

Personal Data in your account

Your actual order details may be stored with us but for security reasons may be retrieved directly by us. However, you may access this information by logging into your account on the Site. Here you can view the details of your orders that have been completed, those which are open and those which are shortly to be dispatched and administer your address details, bank details and any newsletter to which you may have subscribed. You undertake to treat the personal access data confidentially and not make it available to unauthorized third parties. We cannot assume any liability for misuse of passwords under any circumstances.

Change of purpose 

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

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

 

Disclosures of your personal data 

We may share your Personal data with the parties set out below for the purposes set out in the table headed ‘Purposes for which we will use your personal data’ above.

• Internal Third Parties as set out in the section headed ‘Glossary’. 
• External Third Parties as set out in the section headed ‘Glossary’.
• Third parties to whom we may choose to sell or transfer parts of our business or our assets. Alternatively, we may seek to acquire other businesses. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Policy. 

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

In addition, we also share your Personal Data within Something Ode and its subsidiaries and affiliates (“PO house Group”) and those third parties directly related to the delivery of the products you have purchased from the Website. In exceptional circumstances,Something Ode may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes.  

 

Data security

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

We have put in place procedures and employed technological measures to prevent unauthorized computer access to your Personal Data and to deal with any suspected Personal Data breach. We will notify you and any applicable regulator of a breach where we are legally required to do so.

 

Data retention

How long will you use my personal data for?

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

We will securely destroy the Personal Data of our customers two years after they cease being customers.

In some circumstances you can ask us to delete your data: see the section headed ‘Your legal rights’ below for further information.

In some circumstances we will anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. 

 

Your legal rights 

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data, including the below: 

• Request access to your Personal Data.
• Request correction of your Personal Data.
• Request erasure of your Personal Data.
• Object to processing of your Personal Data.
• Request restriction of processing your Personal Data.
• Request transfer of your Personal Data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact the Officer. 

No fee usually required

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

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated. 

 

Glossary 

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies in the PO house Group based in Hong Kong.

External Third Parties

• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• Inland Revenue Department, regulators and other authorities.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 

Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Contact details

If you have any questions or enquiries in relation to this Policy or our practices in relation to this Policy, please contact our Officer with the following contact details:

Email address: cs@somethingode.com