PRIVACY POLICY

1. ABOUT THIS POLICY

1.1. This is the privacy policy (“Privacy Policy”) for Smart Minds Holdings Limited (a company incorporated in Hong Kong), its subsidiaries, and affiliated companies (“Smart Minds). In this Privacy Policy, “we”, “us” or “our” refer to Smart Minds.

1.2. This Privacy Policy describes how we may collect, hold, process, use, protect, store, share, and transfer information and/or data provided by you to us, including but not limited to your personal data and information (“Data”) when you:

1.2.1. access or use our websites and applications (including mobile and web-based applications) (collectively, “Applications”), and services, and/or

1.2.2. provide us with your Data online or offline.

1.3. Please review this Privacy Policy carefully so that you understand our privacy policies and practices. By providing us with Data, you agree to the terms of this Privacy Policy and you consent to our collection, use, disclosure, and processing of Data on these terms. DO NOT provide any Data to us if you do not accept this Privacy Policy.

1.4. This Privacy Policy covers both the online (e.g., web and mobile services) and offline (e.g., collection of Data through telephone calls or in person) activities owned, operated, provided, and/or made available by us. This Privacy Policy specifically addresses our obligations in respect of Data privacy under the Relevant Laws. Where practicable, we undertake to also apply the principles and the processes set out in the Relevant Laws to our operations globally. If our operations are subject to privacy legislation other than that of the Region, then this Privacy Policy will apply so far as practicable and consistent with such legislation.

1.5. This Privacy Policy supplements but does not supersede or replace any other consents you may have provided to us, or any other agreements or arrangements that you may have with us, in respect of your Data.

1.6. Our Applications may contain links to other websites that are not owned or maintained by us. These links are provided only for your convenience. You may also be accessing our Applications through third-party websites and/or platforms. This Privacy Policy only applies to our Applications. When visiting these third-party websites, their privacy policies apply.

1.7. Since we use the Google Maps Application Program Interface (API), Google’s Privacy Policy, as may be amended by Google from time to time, is incorporated by reference: http://www.google.com/privacy.html.

1.8. If you have any feedback, deletion requests, or issues in relation to your Data, or about this Privacy Policy, or wish to make a complaint to us, you may contact us at general@smart-minds.io

When you contact us, we may require that you submit certain forms or provide certain information, including verification of your identity, before we are able to respond.

2. AMENDMENTS TO THIS PRIVACY POLICY

2.1. We may amend this Privacy Policy from time to time without notice to you, in compliance with applicable laws, or as we update our data usage and handling processes. The updated policy will supersede earlier versions and will apply to Data provided to us previously. The updated Privacy Policy will take effect when made available at https://www.smart-minds.io/en/company/privacy-policy.

2.2. This Privacy Policy may be available in languages other than English. To the extent of any inconsistencies or conflicts between this Privacy Policy and our Privacy Policy made available in any other language, the Chinese language version shall prevail.

3. WHAT DATA WE COLLECT AND PROCESS

3.1. We may process the following Data:

3.1.1. “Personal data” is data that can be used to identify a natural person. Examples of personal data include name, address, date of birth, contact details, identification numbers and any other information of a personal nature;

3.1.2. your location data (if you do not wish to provide us with location-tracking information, you may disable the GPS or other location-tracking functions on your online device. However, if such functions are disabled, you may not be able to use some of the Services);

3.1.3. details about the device that you use to access the Applications which may include your IP address or other unique device address or identifiers;

3.1.4. cookies information as set out in section 4 below;

3.1.5. any other information provided by you pursuant to your use of the Applications;

3.1.6. if you contact us, a record of that correspondence;

3.1.7. any registration and/or profile information and reporting information about your use of the Applications as relevant;

3.1.8. details required in order to collect any fees from you and/or pay to you any fees as relevant; and

3.1.9. your performance, operational, and financial details as relevant.

3.2. Voluntary provision of Data. We collect Data that you voluntarily provide to us. What Data we collect depends on the purposes for which the Data is collected and what you have chosen to provide.

You can choose not to provide us with Data. You also have the right to withdraw your consent for us to continue collecting, using, disclosing, and processing your Data, by contacting us in accordance with paragraph 1.8. However, if you do so, it may not be possible for us to fulfill the purposes for which we require the Data, including processing your transactions or providing you with the products and services that you require.

3.3. Providing Data belonging to others. In certain circumstances, you may also provide us with Data of persons other than yourself. If you do so, you warrant that you have informed him/her of the purposes for which we are collecting his/her Data and that he/she has consented to your disclosure of his/her Data to us for those purposes and accepts this Privacy Policy. You agree to indemnify and hold us harmless from and against any and all claims by such individuals relating to our collection, use, and disclosure of such Data in accordance with the terms of this Privacy Policy.

3.4. Accuracy and completeness of Data. You are responsible for ensuring that all Data that you provide to us is true, accurate, and complete. You are responsible for informing us of any changes to your Data.

3.5. Minors. If you are a minor and/or other individuals (e.g., individuals who are incapable of managing his or her own affairs or mentally incapacitated persons within the meaning of the Mental Health Ordinance (Cap.136)), please obtain consent from your parent or guardian before you submit your Data to us. If you are a parent or guardian of a minor(s) under your care to submit Data to us and you have reason to believe your child or ward has provided us with their Data without your prior consent, please contact us to request for erasure of their Data.

3.6. You understand and acknowledge that this Privacy Policy may not apply to any unsolicited information that you provide to us through the Applications or through any other means in certain regions where we operate. Where applicable, all unsolicited information shall be deemed to be non-confidential and we shall be free to Process, reproduce, disclose, and distribute such unsolicited information to others without limitation or attribution.

4. HOW WE COLLECT DATA

4.1. Data you provide. We collect Data that is relevant to our relationship with you. We may collect your Data directly or indirectly through various channels, such as when:

4.1.1. you register an account with us through our Applications;

4.1.2. you download or use our Applications and services;

4.1.3. you transact with us, contact us or request that we contact you through various communication channels, for example, through social media platforms, messenger platforms, face-to-face meetings, telephone calls, emails, fax, inquiry forms, customer services center, and letters;

4.1.4. you attend events or functions organised by us;

4.1.5. we seek information about you and receive your personal data in connection with your relationship with us;

4.1.6. you submit an application for employment, internship or secondment, or when you provide documents or information including your resume in connection with any application; and/or

4.1.7. when you submit your personal data to us for any other reason.

4.2. Data provided by others. Depending on your relationship with us, we may also collect your Data from third-party sources, for example:

4.2.1. from our business partners such as food and beverage (“F&B”) merchant partners, logistics partners, payment service providers, and third parties providing advertising, marketing, and promotional services to us;

4.2.2. from your referees, educational institutions, or previous employers (if you have applied to us for a job);

4.2.3. from your family members or friends who provide your Data to us on your behalf; and/or

4.2.4. from public agencies or other public sources.

4.3. Automated Data Collection Technologies. Our Applications may contain certain technologies that collect data in the manner described in this Privacy Policy (see below). You should not use our Applications if you do not agree to have your data collected through such means. Alternatively, you should disable these technologies where it is possible to do so.

4.3.1. Cookies (or browser cookies). Cookies are small text files that are set by a website or application operator so that your browser or device may be recognized. We may make use of cookies on our Applications to store and track information such as the number of users and their frequency of use, profiles of users, and their online preferences. Cookies do not capture information that would personally identify you, but the information collected may be used to assist us in analyzing the usage of our Applications and to improve your online experience with us. You can disable the cookies by changing the settings on your browser. However, this may affect the functionality of the Applications.

4.3.2. Flash cookies. Certain features of our Applications may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Applications. In contrast to normal cookies, these cookies are not created and saved by the web browser but are governed by the Adobe Flash plug-in. These can contain more information than normal cookies and cannot be deleted or disabled via the browser; this is only possible using tools such as the Adobe Flash Player website. You can also obtain more information about these cookies on their website.

4.3.3. Third-Party Use of Cookies and Other Tracking Technologies. Some content or applications on the Applications, including advertisements, are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Applications. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

4.3.4. Web Tracking Beacons and Tracking Links. Web beacons (also known as pixel tags and clean GIFs) involve graphics that are not apparent to the user. Tracking links and/or similar technologies consist of a few lines of programming code and can be embedded in our website or our (mobile) applications. In conjunction with cookies, these are primarily used for statistical analysis purposes. This technology can also be used for tracking traffic patterns on websites, as well as finding out if an email has been received and opened and to see if there has been any response.

4.3.5. Web Analytics. Web analytics is the term given to a method for collecting and assessing the behavior of visitors to websites and mobile applications. This includes the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or mobile application, or to find out what information and services our visitors are most interested in. The web analytics services on our Applications are provided by Google Analytics. If you do not allow Google Analytics to collect and assess information about your behavior in our Applications, you can install the Google Analytics opt-out browser add-on.

5. PURPOSES FOR COLLECTION, USE OR DISCLOSURE OF YOUR DATA

5.1. General purposes. Generally, we collect, use, disclose, and process your Data for purposes connected or relevant to our business, to manage your relationship with us. Such purposes would include:

5.1.1. carrying out your transactions with us and our business partners, taking steps as may be directed by you, or providing products and/or services to you, including allowing us to enter designated location, pickup, deliver, track the delivery, or as proof of delivery/completion of the transactions;

5.1.2. facilitating your use of our Applications, including verifying and establishing your identity, and authenticating, registering, accessing, operating, and maintaining user accounts;

5.1.3. providing you with relevant information and updates concerning our products and/or services, including such products and/or services that are made available to you on our Applications;

5.1.4. processing payment or credit transactions;

5.1.5. compliance with any applicable laws, regulations, codes of practices, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

5.1.6. administrative purposes, including finance, IT, and HR purposes, quality assurance and staff training, and compliance with internal policies and procedures, including audit, accounting, risk management, and record keeping;

5.1.7. carrying out research and statistical analysis, including development of new products and services or evaluation and improvement of our existing products and services;

5.1.8. resolving any disputes, investigating any complaint, claim, or dispute, or any actual or suspected illegal or unlawful conduct;

5.1.9. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;

5.1.10. enforcing legal obligations owed to us, or responding to complaints, litigation, or investigations concerning us;

5.1.11. facilitating business asset transactions;

5.1.12. such purposes that may be informed to you when your Data is collected; and/or

5.1.13. any other reasonable purposes related to the aforesaid.

5.2. Additional purposes. We will only collect, use, disclose, and process your Data for the above purposes and purposes for which you have consented. In certain situations, we may use your Data for legitimate purposes, which are not incompatible with the original purposes for which you have provided the Data. If we wish to use your Data for a purpose unrelated to what you have provided your Data to us for, we will notify you and seek your consent.

5.3. Legitimate purposes. We may collect, use, disclose, and process your Data for legitimate purposes related to our business. For example,

5.3.1. Usage of the Applications: When you use the Applications, we may collect, use or disclose your Data to (a) third parties who provide products and/or services that you seek (including our F&B merchant partners and logistics partners); (b) send you communications and satisfaction surveys; (c) invite you to subscribe to our mailing lists and/or promotional activities; and (d) evaluate your preferences to improve and customize your experience on the Applications.

5.3.2. Job seeker/employee: If you are a job seeker, in addition to the specific position to which you have applied, we may disclose your Data to our related companies for the purposes of offering additional employment opportunities.

5.3.3. Investor/shareholder: If you are an investor or shareholder of Smart Minds, we may use your Data to (a) send you information about Smart Minds (b) manage investor/shareholder relations; and (c) comply with regulatory requirements.

5.3.4. Managing our business: We may disclose your Data to third parties who provide services to us, including our service providers and data processors (providing services such as hosting and maintenance services, analysis services, email messaging services, delivery services, handling of payment transactions, marketing, human resources, and professional services) and our consultants and professional advisors (such as accountants, lawyers, auditors).

5.4. Use permitted under applicable laws. We may also collect, use, disclose, and process your Data for other purposes, without your knowledge or consent, where this is required or permitted by law.

5.5. Marketing and promotional purposes. If you have provided us with your consent, we may use your Data for the purposes of marketing our products and services and those of our strategic partners and business associates (e.g. informing you of our latest activities, special offers, and promotions). In order for us to market products and services that are of special interest and relevance to you, we may analyze and rely on your overall interaction with us (such as but not limited to your participation in promotions or events and your interactions with us).

5.6. Direct Marketing. We intend to and may from time to time make telephone calls to you or send you information directly by mail, fax, email, or other means of communication based on the Data in order to offer or advertise the availability of goods, facilities, or services or to solicit donations or contributions for charitable, cultural, philanthropic, recreational, political or other purposes. The above products, services, and subjects may be provided or solicited by us, third-party service providers providing the above services, products, and subjects, and charitable and/or non-profit making organizations (“Outside Parties”). We intend to and may provide the Data to Outside Parties for use by them in marketing their above services, products, and subjects. We may not use the Data in Direct Marketing or provide the Data to Outside Parties for their use in Direct Marketing unless we have received your consent to such intended use.

5.7. Contacting you. When we contact or send you information for the above purposes and purposes for which you have consented, we may do so by post, email, SMS, telephone, or other means provided by you. We will not contact you for marketing purposes unless you have provided us with your consent, or unless we are exempted by applicable law from having to obtain your consent. If you do not wish to receive any communication or information from us or wish to restrict the manner by which we may contact or send you information, you may contact us in accordance with paragraph 1.6 above.

6. DISCLOSURE OF DATA

6.1. We may disclose or share your Data with our related parties or business partners in connection with the above-stipulated purposes. We may also disclose or share your Data:

6.1.1. where such disclosure is required for performing obligations in the course of or in connection with our provision of goods and/or services as may be requested or directed by you;

6.1.2. with third parties in order to provide such third parties products and/or services as may be requested or directed by you (e.g. our F&B merchant partners, and logistics partners);

6.1.3. third parties who provide necessary services to us (such as our service providers providing services such as hosting and maintenance services, data analytics, messaging, marketing, and other professional services (including accountants, lawyers, and auditors); and

6.1.4. to any of the following in connection with the above-stipulated purposes and/or such other purpose as may be permitted under applicable laws:

6.1.4.1. our related parties, and respective employees, agents, auditors, contractors, service providers and professional advisers;

6.1.4.2. any liquidator, a provisional liquidator, an administrator, a receiver, receiver and manager or judicial manager over us or any of our assets; and/or

6.1.4.3. any regulatory, supervisory, governmental or quasi-governmental, or other authority, court of law, tribunal, or person, whether in Hong Kong or any other jurisdiction.

7. TRANSFER OF DATA TO OTHER COUNTRIES

7.1. Transfers. You fully understand and unambiguously consent that we may transfer your Data to any country (including to third parties where necessary) for the purposes set out in this Privacy Policy or as notified to you.

7.2. Safeguards. Where we transfer your Data outside of Hong Kong, we will require foreign recipients of the Data to protect your Data in accordance with this policy and applicable data protection laws.

8. SECURITY AND RETENTION OF DATA

8.1. Unauthorised access. While precautions will be taken to ensure that the Data you provide is protected against unauthorized or unintended access, we cannot be held responsible for unauthorized or unintended access that is beyond our control.

8.2. Vulnerabilities. We do not guarantee that our Applications are invulnerable to security breaches, nor do we make any warranty, guarantee, or representation that your use of our Applications is safe and protected from viruses, worms, Trojan horses, and other vulnerabilities. We also do not guarantee the security of data that you choose to send us electronically. Sending such data is entirely at your own risk.

8.3. Period of retention. We keep your Data only for so long as we need the Data to fulfill the purposes we collected it for and to satisfy our business and/or legal purposes, including audit, accounting, or reporting requirements.

8.4. Anonymised data. In some circumstances, we may anonymize your Data so that it can no longer be associated with you, in which case we are entitled to retain and use such data without restriction.

9. YOUR RIGHTS

9.1. Depending on the jurisdiction in which you are resident, you may enjoy certain rights at law in relation to our collection, use, disclosure, and processing of your Data. Such rights may include:

9.1.1. Access: You may ask us if we hold your Data and, if we do, you can request access to your Data. This enables you to receive a copy of information on the Data we hold about you.

9.1.2. Correction: You may request that any incomplete or inaccurate Data we hold about you is corrected.

9.1.3. Restriction: You may withdraw consent for our use of your Data.

9.1.4. Portability: You may request the transfer of certain of your Data to another party under certain conditions.

If you wish to exercise any of your rights, you may contact us in accordance with paragraph 1.6. We may require that you submit certain forms or provide certain information to process your request. Where permitted by law, we may also charge you a fee to process your request.

9.2. Limitations. We may be permitted under applicable laws to refuse a request, for example, we may refuse (a) a request for erasure where the Data is required in connection with claims; or (b) an objection request and continue processing your Data based on compelling legitimate grounds for the processing.

9.3. License. Unless otherwise stated, SmartMind and/or its licensors own the intellectual property rights for all material on the Applications. All intellectual property rights are reserved. You may access this from the Applications for your own personal use subject to restrictions set in these terms and conditions. You must not: republish material from the Applications; sell, rent, or sub-license material from the Applications; reproduce, duplicate, or copy material from the Applications; and redistribute content from the Applications.

9.4. Reservation of Rights. We reserve the right to request that you remove all links or any particular link to our Applications. You approve to immediately remove all links to our Applications upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Applications, you agree to be bound to and follow these linking terms and conditions.

10. LINKS TO THE THIRD-PARTY WEBSITES

10.1. Subject to this Privacy Policy, at our discretion, we may include or offer third-party products or services on the Applications. You understand and acknowledge that the fact that we may include or offer third-party products or services on the Applications does not mean that we endorse or authorize the collection of Data by such third parties, nor does it constitute a representation of any affiliation between us and such third parties. You understand and acknowledge that:

(a) once you click on a link to third-party websites, applications, or advertisements, you will access third-party websites, applications, and advertisements that may collect Data;

(b) such third-party websites, applications, and advertisements follow separate and independent privacy policies regarding the processing of the Data you submit to them; and

(c) hence, we have no responsibility or liability for the content and activities of these linked websites, applications, and advertisements (including any processing of the Data by such third parties)

Nonetheless, we seek to protect the integrity of the Applications and welcome any feedback about these sites.