PERSONAL INFORMATION COLLECTION STATEMENT FOR TVB MEMBER (“PICS”)

Television Broadcasts Limited (“TVB”, “we”, “us” or “our” – info@tvb.com ; TVB City, 77 Chun Choi Street, Tsueng Kwan O Industrial Estate, Kowloon, Hong Kong) respects your privacy and is committed to protecting your privacy. This PICS tells you the name and contact information of the personal data processor, the processing purposes and methods, the scope or types of personal data processed, the retention period, the methods and procedures for individuals to exercise their rights under the law, and other relevant information. This PICS applies only to information submitted and collected through your registration or use of our TVB member service (our “Service”). By submitting your personal identifiable information, you agree to this PICS, as amended from time to time. This PICS is incorporated into and forms part of our TVB member - General Terms and Conditions (https://www.tvb.com/terms/e_tvb_member_terms/). Please also refer to the terms and conditions of our Privacy Policy as set out on https://corporate.tvb.com/html/privacy.html.

We regularly review this PICS and may from time to time amend its terms and conditions by updating it on our site https://www.tvb.com/terms/e_tvb_member_pics/ (“our Site”). By continuing to use our Service after any amendments to this PICS, you are agreeing to this PICS as revised, so please do visit our Site periodically for updates.

We are the processor of your personal data.

COLLECTION OF PERSONAL DATA

We collect your personal data when you apply for our Service or register to be a user of our Service. It is also the case that data relating to your use of our Site and Service are collected from you when you use our Site and Service. Where personal data are submitted by you on behalf of another individual, you represent and warrant to us that all the necessary consents have been obtained from the relevant individual and that you have retained proof of these consents (such proof is to be provided upon our request).

Personal information that we may collect from you includes (a) information you provide when you register to be a TVB member, including your salutation, first name and surname, mobile telephone number, region, gender, email address, year and month of birth, nickname and password; (b) information you provide to our support service or during other customer communications; (c) information about your computer, phone or other web enabled device (collectively, the “Device”), which may include mobile app token, the types and configurations of browsers, language settings, geo-location and location of your device, device type/manufacturer, Internet Protocol (IP) address (and domain names), operating system type and version, network type, and Internet service providers; and (d) information about your usage of our Site and Service, which may include the time/duration and the contents and pages visited or our Service used (access log).

USE OF PERSONAL DATA

You must provide to us the personal data as set out in Section 5(a) above if you want us to process your application or registration to our Service. Personal data provided by you will be used by us for the following purposes and any purposes related to and/or for the furtherance of any of these purposes (collectively “Purposes”):
1. application, administration, continuation and termination of the use of our Service;
2. enabling the provision of our Service;
3. enabling users to access and to have their personal information pre-filled in when users register different online services provided by us and our group companies (“TVB Group”) with a single login credential instead of registering or login to each service one by one;
4. processing and completing transactions requested by you;
5. providing you with news, notices and other communications of our Service such as features, content, technical notices, updates, security alerts, etc.;
6. handling and following up service calls, enquiries and complaints;
7. verification of your identity;
8. meeting the requirements to make disclosure to any governmental authority in Hong Kong and overseas jurisdictions under the requirements of any law binding on us;
9. enabling us to provide other services better tailored to your needs;
10. enabling us to provide you with the most effective service in different locations, devices, connectivity and situations;
11. helping us to monitor and analyze trends, usage and activities in connection with our Service;
12. enabling us to better understand the demographics of our users;
13. conducting research in relation to our Service provided by us;
14. performing statistical analysis of your behavior and interest in any service provided by us;
15. customer profiling;
16. making suggestions and recommendations to you and other users of our Service or goods and services that may interest you or them; and
17. any other purposes as may be agreed by you from time to time.

You warrant to: (a) provide us true, accurate, current and complete personal data about yourself; and (b) update the foregoing data from time to time. We may suspend or terminate your membership or refuse your access to our Service or any part thereof without notice if we suspect that you have breached this provision.

If it becomes necessary that we have to take action against you for any reason whatsoever including without limitation recovering from you any money you owe us, you expressly agree that the personal data provided by you can be relied upon in identifying and taking legal action against you.

DISCLOSURE

While we will take all practicable and reasonable steps to protect your personal data from unauthorized or accidental access, disclosure, misuse or processing, or from alteration, destruction or loss, we may transfer/assign such data to the following parties: parties:
1. any actual or proposed assignee, transferee or successor of or to our rights in respect of your personal data if we decide to sell any relevant part of business;
2. any agents, suppliers, contractors, professional advisors, insurers, other network operators or third party service providers who provide administrative, telecommunications, computer and other services to us and/or the relevant service(s) in connection with our Service;
3. any person to whom we are under an obligation to make disclosure under the requirement of any law binding on us or for the purposes of any guidelines or codes of practice issued by regulatory or other authorities with which we are expected to comply;
4. governmental authorities or other third parties assisting us detecting, investigating, preventing or otherwise addressing fraud, security, or technical issues.

If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will ensure the confidentiality of any of your personal data involved (if any) in such transactions and provide reasonable notice before your personal data are transferred and becomes subject to a different privacy policy. An update to this PICS will be posted on https://www.tvb.com/terms/e_tvb_member_pics/ subsequently.

If necessary, we may transfer your personal data to places outside Hong Kong or from the country you are located for carrying out the Purposes (or the directly related purposes) specified above, for which the personal data were collected. Where such a transfer is performed, it will be done in compliance with the prevailing requirements of relevant laws and regulations, including the Personal Data (Privacy) Ordinance, Cap 486 of the laws of Hong Kong.

USE OF YOUR PERSONAL DATA IN DIRECT MARKETING

We intend to use your personal data for direct marketing purposes, and we may not so use your personal data unless we have received your consent (which includes an indication of no objection). Subject to your consent, we may use your salutation, first name and surname, email address, mobile telephone numbers, region, gender, year and month of birth, nickname, and record of use of Service for marketing of the following services and products:
1. our products and services and/or the products and services of any company within the TVB Group;
2. news, rewards, promotions and events related to or offered by us and/or the TVB Group, such as Big Big Channel Limited, TVB Anywhere Limited, TVBI Company Limited and MyTV Super Limited;
3. joint promotion, rewards and events with merchants and business partners or other third parties offering discount and other benefits to users of our Service, from and in relation to goods and services of or relating to the following industries: entertainment, media and public relations, telecommunications, retail, leisure and sports, food and beverage, transportation and tourism, software and games, education, environmental, health and wellness, non-profit, information technology, social networking, parenting, financial and property.

If you do not wish us to use your personal data for direct marketing at any time, please email us at info@tvb.com. We shall remove your personal data from our archive within fourteen (14) days after we receive your notification.

COOKIES

Cookies are small bits of information that are automatically stored on your Device when you visit our Site. A cookie can be used to identify a Device, but it is not used to collect personal information of an individual user of our Site. The information collected by “cookies” is anonymous aggregated research data and contain no name or address information or any information that will enable anyone to contact you via telephone, email or any other means. Some of the cookies are required by our Site to enable you to transact whilst other cookies enable us to give you an enhanced, personalized browsing experience. Whilst most web browsers automatically accept cookies, you can edit your browser options to block them. However, if you do so, you may not be able to use some of the functions or access certain areas of our Site. By using our Site, you consent to the use of these cookies.

SECURITY OF PERSONAL DATA

Except as provided in Sections 9 to 11 above, your personal data will be accessed only by our employees or contractors who are authorized to do so. Employees and contractors designated to handle personal data will be instructed to do so only in accordance with this PICS. We have implemented reasonable security measures to safeguard your personal data from unauthorized access, disclosure, use and modification. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no transmission over the Internet can be guaranteed to be completely secure.

RETENTION OF PERSONAL DATA

We will retain your personal data for as long as necessary to fulfill the purposes for which such data was collected. We will then destroy such data unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect our interests (For example, we may retain the 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).

YOUR RIGHTS

Under and in accordance with the terms of this PICS and any supplemental information to this PICS TVB may publish on its website, depending on the applicable law for you, you have the right:
1. to check whether TVB holds data about you and access to and obtain copies of such data;
2. to request that we provide copies of personal data you have provided to us and in a format which will allow you to transfer the data to another organization for handling;
3. to require TVB to correct and supplement any data relating to you which are inaccurate or incomplete;
4. to ask for your personal data to be erased or destroyed where
  1. the purpose of our collection or processing has been achieved or cannot be achieved, or it is no longer necessary to achieve the purpose;
  2. we cease to provide relevant products or services, or the retention period has expired;
  3. you withdraw your consent for our collection and processing;
  4. we violate applicable laws or regulations, or violate the agreement between you and us for the handling of the personal data;
  5. other circumstances stipulated by applicable laws or regulations apply; However, your exercising of this erasure right will not affect the lawfulness of any processing carried out before your request of erasure and 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. We may not be able to provide certain products or services to you as a result and we will advise you if this is the case at the time upon your request of erasure.
5. to ascertain TVB's policies and practices in relation to personal data and to be informed of the kind of personal data held by TVB;
6. to request us to explain our personal information processing rules;
7. in the event of your death, to allow your next of kin, for his/her own lawful and legitimate interests, to exercise your rights of access, copy, correction, deletion, etc., unless you instruct otherwise. However, by agreeing to this PICS, you confirm that your next of kin or anyone else shall not exercise your rights to your personal information;
8. to request that we do not use your personal data to send you marketing information;
9. to request that decisions about you are not made solely by an automated process;
10. to request that we cease to process (or suspend processing) your personal data;
11. to withdraw your consent for our collection and processing of 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);
12. to complain to us or the relevant authority about the way we use your personal data. We would appreciate the chance to deal with your concerns by contacting us before you approach the relevant authority, so please contact us in the first instance.

ACCESS TO AND UPDATE OF PERSONAL DATA

You may at any time:
1. request access to and correct personal data relating to you in any of our records;
2. ask us to remove your personal data from any active mailing or distribution list; or
3. cease to use your personal data and terminate your use of our Service subject to TVB member - General Terms and Conditions (https://www.tvb.com/terms/e_tvb_member_terms/).

To exercise any of your foregoing rights, please email us at info@tvb.com marking your communication “Confidential” and specifying our Service that you have registered. In response, we may ask you to provide certain details about yourself so that we can be sure you are the person to whom the personal data refers. We may charge you a reasonable fee for processing such access requests.

GENERAL

Our Site and Service may include links to other services or sites. This PICS applies to our Site and Service only. You are exposed to cookies that are not our responsibility when you access to linked sites or other services, and any information you submit to linked sites or other services will be subject to the privacy policies of those sites or services (if any). You are advised to review the relevant policies carefully before providing any information to those linked sites or services.

If you wish to contact us directly, please email us at info@tvb.com. All information, other than the personal data that you send through this email, will not be considered or treated as confidential information. Do not send us through this email any information, ideas, suggestions, proposals or comments that you consider confidential or that you want to be treated as confidential.

Your telephone conversations with our staff may be recorded, retained and used as evidence by us without further notice.

If any part of this PICS shall be deemed unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from this PICS and shall not affect the validity and enforceability of any of the remaining provision of this PICS.

This PICS shall be governed by and construed in accordance with the laws of Hong Kong. Disputes arising here from shall be subject to the jurisdiction of the courts of Hong Kong.