A Pleasure to Share – Bon Appétit Café

1. The Terms and Conditions of www.cafedecoral.com

(i) By using this Web Site (“Site”) you agree to be bound by these terms and conditions. Please read these terms and conditions carefully as they apply to your use of this Site.

(ii) We, Café de Coral Group, technically operate this Site. However, we exercise no editorial control over some of the Content on the Site particularly when the Contents or other Internet sites are provided by other persons on the Site or is partly operated by other persons you may view or access through the Site (“Third Party Providers”).

(iii) We reserve the right to modify the terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

(iv) You acknowledge that we may, in our sole discretion and with or without notice,

a. vary the Site or any part of the Site (including any Sub Portal for which you are required to register); and

b. modify or discontinue this Site, any part of the Site and the services available on it without notice.

2. Copyright

(i) You acknowledge that the Content on the Site is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). Unless you are expressed authorised by law, you must not by yourself or permit any other person to:

a. Modify, sell, copy, reproduce, display, publicly perform, republish, upload, post, transmit, distribute, prepare derivative works based on, repost or otherwise use any of the Content , including text, graphics, code and/or software, in any way for any public or commercial purpose without our prior written consent; or

b. Use any Content on any other Website or in a networked computer environment for any purpose; or

c. Reverse engineer any Content consisting of downloadable software; or

d. Otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.

(ii) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.

(iii) It is your responsibility to determine whether any infringement will occur if you download, copy, transmit, publish, store or otherwise use or deal with the Content contained in this Site without the prior consent of us.

(iv) No person, whether an individual or a body corporate, shall create or establish a hyperlink to the Café de Coral Corporate Website by hypertext reference or imaging without the written permission of us.

3. Trademarks

The words and various logos on the publications, products, content or services referenced herein on the Site are the exclusive trademarks or service marks of Café de Coral Group, its subsidiaries, associates and/or affiliates. Other names or logos appearing on the Site may be trademarks of their respective owners.

4. Your Use of the Site

(i) You must not:

(a) Disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

(b) Violate any applicable law relating to your use of this Site; or

(c) Collect or store personal data about other users of the Site.

(ii) You agree that you use the Site at your risk. You must evaluate and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Site is for information purposes only. You should seek your own independent advice with respect to any Content.

(iii) We endeavour to provide a convenient and functional Site, but we do not guarantee or warrant that the Content of this Site will be error, or viruses free or that the Site or the server that operates is free of viruses or other harmful components.

(iv) We will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for data input and output, and for maintaining a mean external to the Site for the reconstruction of any lost data. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

(v) We do not make any warranties or conditions of any kind, either expressed or implied 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 the applicable law.

5. Limitation of Liability

(i) We will accept no liability whatsoever for any direct, incidental, consequential, or indirect damages, loss or 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 Site 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.

(ii) Third Party Providers

You acknowledge that:

(a) parts of the Site; and

(b) parts of the Content are provided or maintained by Third Party Providers and not by us.

Your dealings or correspondence with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.

6. Links and Advertisements

(i) We have not reviewed all of the sites linked to this Site and are not responsible for the Content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).

(ii) Some links which appear on the Site are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the link site. Any use or access of those third party websites or their products and services are solely at your own risk. We have no relationship with the owners or operators of those third party and we have no control over or rights in those third party websites.

(iii) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and the advertisers.

(iv) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.

7. Indemnification

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors and suppliers from and against any claims, actions or demands, losses, expenses, damages and costs, including reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this terms and conditions.

8. Personal Data and Cookies

(i) In using this Site you may give us “personal data” as defined in the Personal Data Privacy Ordinance. You have certain rights in the personal data. By using this Site you grant us the consent to use your personal data in accordance with our Privacy Policy Statement.

(ii) During your use of the Site, we may issue a request from your computer blocks of data known as “cookies”. We use cookies and other technologies to passively collect demographic information, personalise your experience on our Site and monitor advertisements and other activities.

(iii) Some of our Site use an outside ad company to display ads and these companies may use information about your visits to this Site in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. These ads may contain cookies. Our ad companies collect cookies received with banner ads, and the Company does not have access to this information. You can disable cookies if you want to do so.

9. General Provisions

(i). If any part of this agreement 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.

(ii) The terms and conditions will be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

(iii) We will give you any necessary notices by posting them on the Site. You agree:

(a) to check the Site for notices; and

(b) that you will be considered to have received a notice when it is made available to you by posting on the Site.

(iv) Definitions:

(a) “Content” including things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

(b) “Applicable Law” means any law, rule or regulation of any country, and any lawful and binding obligation under any license in any country.

Privacy Policy Statement

This Policy Statement provides information on the obligations and policies of Café de Coral Holdings Limited and, its subsidiaries, affiliates, and associated companies (the “Company”) under the HKSAR Personal Data (Privacy) Ordinance - Cap. 486 (“the Ordinance”). We respect the privacy rights of our customers and recognise the importance of protecting the information collected from you. This policy guides how we collect, store, and use the information you provided and applies only to Website (“site”) maintained by the Company but no other companies or organisations to which we link. Throughout this policy, the meaning of the term “personal data” is as defined in the Ordinance.

This policy specifically addresses the Company’s obligations in respect of the data privacy laws of the HKSAR. Where the Company’s operations are subject to privacy legislation other than that of HKSAR, then this policy shall be applied so far as applicable and consistent with such local legislation.

The Company’s Corporate Policy

The Company shall fully comply with the obligations and requirements of the Ordinance. The Company’s officers, management, and members of staff shall, at all times, respect the confidentiality and endeavour to keep safe any and all personal data collected and/or stored and/or transmitted and/or used for, or on behalf of, the Company.

The Company shall endeavour to ensure all collection, storage, transmission and other handling or usage of personal data by the Company shall be done in accordance with the obligations and requirements of the Ordinance.

Type of Personal Data Collected

When you subscribe to be a member of our Company, you may be required to provide us your personal information of which the details are setting out in our Personal Information Collection Statement (PICS). The contents of PICS set out the purpose for such collection, the disclosure, retention and storage of your personal information. The contents of PICS may be changed or updated from time to time. Users are invited to check back periodically. The matters that are not addressed in PICS, this privacy policy shall apply.

When you come to our Site, for the purpose of carrying out the Company’s businesses, including sale, provision, administration of the membership services and related products and services, you may be requested to provide personal data such as

(a) Your name;
(b) Corresponding and/or billing address;
(c) Account details;
(d) Octopus card numbers;
(e) Contact details such as contact name, telephone number or email address; or
(f) Information for the verification of identity.

In some occasion, you may be requested to provide:

(a) age;
(b) gender;
(c) salary range;
(d) education and profession;
(e) hobbies and leisure activities,

that may be used to further improve the Company’s products and services that presented to you. Failure to provide such requested data or information may sometimes defer or prevent us from providing the products or services to you.

The Site may also collect data relating to your online session, the use of which is to provide statistical information so that we can better the services and take necessary actions against any unscrupulous party who places any illegal or unlawful contents on any website through the Company’s web servers. The types of data may include but are not limited to the browser type and version; operating system; the IP address and /or domain name; and URLs.

Our Company’s Site may place a "cookie" on your machine. This personal information collected may include relevant login and authentication details as well as information relating to your activities and preferences across the Company’s Site. This is done without the users being aware that it is occurring. Generally cookies are used to estimate audience size, track users' progress and number of entries in our promotional activities and to measure users’ traffic patterns.

Under certain circumstances, telephone calls made to and from the Company’s order and/or services hotlines and/or inquiry telephone numbers will be recorded for the purposes of quality control, appraisal, as well as staff management and development. At all times, care is taken to protect such recordings from unauthorised access.

Use of Personal Data

Your personal data may be used for:

- verifying your identity; provision of goods and services to you;
- marketing and advertising of any goods and/or services to you by the Company, agents, contractors and third party upon your consent in accordance with the requirement of the Ordinance;
- business planning and improving goods and/or services to you by the Company;
- processing of any benefits or membership application in connection with the supply of goods and services to you;
- checking of your credit, payment and/or status in relation to the supply of goods and services to you;
- prossessing of any payment instructions or credit facilities in relation to supply of goods and services to you;
- enabling the daily operation of your membership account and/or collection of amounts outstanding in your account with the Company;
- prevention of crime;
- disclosure as required by law;
- handling of complaints and enquiries of the customers; and
- any other purposes as may be agreed between you and the Company apart from this Policy.

Accuracy of Personal Data

The Company may require validating the personal data provided to ensure accuracy or authenticity of the identity document supplied from you to us. We may request you to produce the identity document in person for checking at a time convenient to you.

Retention of Personal Data

The Company will destroy any personal data it may hold in accordance with its internal policy.

(i) Personal data will only be retained for as long as is necessary to fulfill the original or directly related purposes for which it was collected, unless the personal data are also retained to satisfy any applicable statutory or contractual obligations; and

(ii) Personal data are purged from the Company’s electronic and other filing systems in accordance with the schedules based on the company’s internal procedures.

Disclosure of Personal Data

All personal data held by the Company will be kept confidential and will not be disclosed or transferred to any other party but the Company may, where such disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the data was collected, provide such information to the following parties:

(i) any subsidiaries, associated companies, or affiliates of, or companies controlled by, or under common control with or within the Company upon your consent in accordance with the requirement of the Ordinance;

(ii) any person who is acting for or on behalf of the Company or jointly with the Company, in respect of the purpose or a directly related purpose for which the data was collected, for administrative and other purposes deemed necessary to maintain service and improve service ;

(iii) Any other person or company who is under a duty of confidentiality to the Company and has undertaken to keep such information confidential provided such person or company has a legitimate right to such information;

(iv) Government and regulatory authorities and law enforcement agencies and other organisations as required or authorized by law;

Transfer of Personal Data Outside Hong Kong

It may be necessary for the Company to transfer certain personal data to places outside the HKSAR in order to carry out the purposes or directly related purposes, for which the personal data were collected. Where such a transfer is performed, your consent in accordance with the requirement of the Ordinance will be obtained.

Access and Correction of Personal Data

(i) You have the right to request access to and correction of personal data in its possession which is inaccurate for the purpose for which it is being used by means of a data access request ("right of correction"). You have further right to ascertain whether the Company holds any personal data relating to you and, if so, obtain copies of such data (“right of access”).

(ii) You may exercise his or her right of access by completing the “Data Access Request Form” as prescribed under the Ordinance and sending the completed form to us. Our staff will make a call to you after receiving the completed form and respond to your request upon authenticity and verification is satisfied.

Direct Marketing

The Company will honour your request not to use his or her personal data for the purpose of direct marketing unless your consent is obtained. You may at any time send request to our Customer Services Centre with registered name and contact telephone number to stop receiving the promotion materials or to start receiving the same.

Handling of Personal Data for Recruitment and Employment

We have our Personal Information Collection Statements (PICS) for recruitment and employment of staff purpose. They set out the purposes for personal data collection and their handling. The matters that are not addressed in PICS, this privacy policy shall apply.

Recruitment:

During the recruitment process, job applicants may be required to provide sufficient personal data so that the Company may assess the applicant’s suitability for the position of the Company and determine the preliminary remuneration and benefit packages. Sometimes the applicant’s credentials and/or experience is needed to be verified. The personal data will include:

(i) The applicant’s name, contact details including address and telephone number;
(ii) Employment history and relevant experience; and
(iii) Education and training.

The personal data so provided may be transferred to between our subsidiaries and associated companies which are involved in the assessment of the applicant’s suitability for the position applied for and/or other positions, which may be, or may become, available within the Company.

The Company shall retain the personal data of unsuccessful applicants for future recruitment purposes for a period of two years from the day on which the recruitment period ends. The personal data of successful applicants shall be retained for the duration of their employment by the Company as described below under the sub-heading “Employment”.

Employment including Post-Employment:

In the course of employment by the Company, personal data of employees will be collected and used for various Human Resources management purposes. These purposes include, but are not limited to, provision of benefits, compensation and payroll, facilitating performance appraisals, promotion and career development activities, making tax returns, administering staffing, training, insurance, welfare, provident fund administration, security/identification purposes and other purposes so as to comply with the legal requirements. It will be transferred to those internal departments, intra-company, and/or to other third parties such as the insurers, bankers, medical practitioners as is necessary for the purposes.

The Company retains certain personal data of employees when they cease to be employed by us. Such data are required for any residual employment-related activities in relation to a former employee including, but not limited to the provision of job references, processing application for re-employment matters, retirement benefits and allowing us to fulfil contractual or statutory obligations.