Privacy Policy

This Privacy Policy discloses the privacy practices for Omtis Fine Wines Limited and its associated companies (as defined under the Companies Ordinance (Chapter 622 of the laws of Hong Kong)) (referred to as “Omtis”, “we”, “us” or “our”), our website (www.omtisfinewines.com), as well as any products and/or services that we may offer to you (collectively referred to as the “Services”). This Privacy Policy complies with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“PDPO”) and the associated regulations and guidelines as may from time to time be issued by the Privacy Commissioner for Personal Data, Hong Kong.

Your privacy is important to us. This Privacy Policy is designed to inform you of and assist you in understanding the conditions under which we collect, use, disclose and/or process the personal data you have provided to us and the rights that you have regarding such personal data, as well as to help you to make an informed decision before providing us with your personal data. As we aim to minimise the amount of personal data we hold about you, the extent of personal data we collect from you would vary depending on the Services that you use.

For the purposes of this Policy, “personal data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly.

1. Introduction

   We intend to collect, use, process and disclose your personal data in the manner set forth in this Privacy Policy.

2. Information We Collect

   There are two broad categories of personal data that we collect from you – (A) personal data directly collected and (B) personal data automatically collected.

   A. Personal Data Directly Collected

   We collect, use and process only personal data that is necessary for us to provide the Services that you require to you. Examples of personal data that are collected include without limitation the following:-

   • Subscription to our e-newsletters (including without limitation any promotional materials and/or advertisements) – We collect your email address when you sign up to receive our e-newsletters;
   • Placing of orders – We collect and process personal data required to complete and fulfil your purchase, including your full name, delivery address (including recipient name and telephone number), billing address (if different from delivery address), email address and telephone number. We collect your email address in order to send you the order confirmation as well as any other email(s) in relation to the order; and we collect your telephone number such that we may contact you in case there are any issues with the order. Where you have an account with us, we would also collect data in relation to your purchase history;
   • Register for a Customer Account – We collect your name, title, date of birth (optional), phone number, email address, payment details (optional) and password and request you to verify that you have reached the legal age for purchasing alcohol in your jurisdiction (“Legal Age”) when you register for a customer account (“Customer Account”). You may optionally provide the name, phone number and email address of an alternate contact person and in doing so, you shall have the obligation to inform such alternative contact person that his/her personal data so provided to us by you is subject to this Privacy Policy. Additionally, you may optionally indicate your wine and/or purchase preferences as well as account settings so as to enable us to tailor our Services to your needs and preferences. We may also contact you by email in relation to your Customer Account as well as to any product or service that we consider may be of interest to you;
   • Register for a Storage Account – In addition to the personal data that we collect from you for the registration of a Customer Account and its upgrade to a storage account (“Storage Account”), we collect payment details and other personal data from you for our wine storage services;
   • Support from our Customer Service – When you contact our Customer Service team, we may collect additional personal data to help us resolve any queries relating to your order, delivery, payment and/or any other queries. If the contact is made by phone call, the conversation may also be recorded for training and fraud prevention purposes;
   • Participating in Wine Events – We collect your and your guest(s)’ (if any) name, phone numbers and email addresses when you select to participate in our wine events (“Wine Events”). We may also collect other data from you, such as your wine preferences, when you participate in our Wine Events.

   We may also collect other personal data from you in addition to the personal data listed above. The above list is not exhaustive and is provided for reference purposes only.

   It is voluntary for you to supply your personal data to us, although you may not be able to use some of the Services entirely or certain features of the Services if you do not supply certain requisite personal data. We would not be able to process your order for some of the Services, and no contract for provision of such Services would be formed, if you do not supply the personal data required on our relevant order/subscription forms.

   We may also obtain personal data about you from other sources and combine it with information you provide to us. If you provide us with any personal data relating to a third party (such as information of your spouse, children, parents, employees and/or authorised representatives), by submitting such information to us, you represent and warrant to us that you have provided a copy of this Privacy Policy to such third party and obtained their express consent to your provision of their personal data to us for all relevant purposes.

   We will never request for your password or other highly sensitive information through email. If you receive any email or other correspondence requesting that you provide any sensitive information through email or to any website that does not seem to be affiliated with us or that otherwise appears suspicious, please do not provide such information and report such incident to us as soon as practicable.

   B. Personal Data Automatically Collected

   Cookies and Other Forms of Information Collected

   We collect certain information automatically when you use the website, such as the IP addresses and domain names of visitors, browser type, history of pages viewed and other usage information about your use of the website. We collect this information for site administration purposes, such as to analyse this data for trends and statistics, as well as direct marketing purposes. We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize our website content and advertising to deliver a better experience to our users.

   The following sections will provide more information about how we collect information about you using online identifiers, such as cookies and web beacons:

   (a) Cookies

   Cookies are small data files sent to your browser or device to collect information about you when you visit our website. Among other things, cookies identify your behaviour on our website and retain your preferences and account settings. We use cookies to customise our services and the content and advertisements you see on our website to your preferences, so as to improve and personalise your user experience.

   Most browsers automatically accept cookies. However, if you do not want us to use cookies when you use our website, you can modify your browser settings to enable or disable our use of cookies, or to indicate when a cookie is being sent, at any time. If you choose to do so, some of the functionality of our website may be impaired. By continuing to browse our website, you are agreeing to our use of cookies.

   We may also use cookies from third parties to help us provide you and others with social plugins and other customized content and experiences.

   Some cookies will not collect information that personally identifies you. They will collect more general information, such as how users arrive at and use our website, or a user’s general location. However, some other cookies can identify you and may contain or collect personal data. The type of information that we collect as a result of a cookie is specific to your computer and may include, without limitation, the Internet Protocol (IP) address and the date and time you accessed our website. The data stored on a “cookie” can be retrieved by us when you visit our website.

   (b) Web beacons

   In addition to cookies, we may also use web beacons. Web beacons are electronic images that may be used in our Services and emails. We may use web beacons to deliver or communicate with cookies, count visits, and better understand how you interact with the content on our website.

   We may also include web beacons in emails to determine whether an email has been opened and acted upon.

   The information we obtain through the use of web beacons enables us to customize our Services, as well as measure the overall effectiveness of our online content, advertising campaigns, and the Services we offer through our website.

   You may refuse the use of web beacons by refusing to accept cookies.

   Third-party Advertising and Analytics

   Additionally, we may allow third parties to serve advertisements in connection with our Services and to provide analytics services. Such third parties may use cookies, web beacons, and other technologies to collect information, such as your IP addresses, identifiers associated with your device, the browsers you use to visit our website, pages viewed, time spent on pages, links clicked, and conversion information. This information may be used by us and other companies to analyse and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand your usage.

   We have no access or control over cookies or other features that third parties may use. As such, we are not responsible for the privacy practices or content of such third-party websites and applications that are subject to their own privacy policies. This Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices. We do not in any way endorse or make any representations about such third-party websites and applications.

   (c) Google Analytics

   Our website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed in your computer, to help our website analyse how users use our website. The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on its servers. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

   Google may use and/or transfer information collected by Google Analytics about your use of our website in accordance with the Google Analytics Terms of Use and the Google Privacy Policy, which can be accessed through the following link: https://marketingplatform.google.com/about/analytics/terms/gb/. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that by doing so, you may be unable to use the full functionality of our website. By continuing to use our website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

   Please note that the above link is provided for reference purposes only, and we do not make any warranty, guarantee or assurance in relation to its content, including without limitation as to whether such content is up to date or whether it is applicable.

   (d) Social Media and Online Engagement

   We occasionally use a variety of new technologies and social media options to communicate and interact with customers, potential customers, employees and potential employees. These websites and applications include popular social networking and media sites, open source software communities and more. To better engage the public in ongoing dialogue, we may use certain third-party platforms including without limitation Facebook, LinkedIn and Instagram. Such third-party websites and applications are web-based technologies that are not exclusively operated or controlled by us. When interacting on those websites, you may reveal certain personal data to us or to third parties. Other than when used by our employees for the purpose of responding to a specific message or request, we will not use, share or retain your personal data.
   

3. Purposes and Legal Bases for the Collection, Use, Disclosure and Processing of Personal Data

   Depending on the Services you require from us, your personal data may be collected, used, disclosed and/or processed for one or more of the following purposes (the “Purposes”) and on the following bases:

   	Purposes of processing	Legal bases for processing
   (a)	To provide, administer and improve our website, as well as for any other editorial purposes	For our legitimate business interests, including without limitation to provide and enhance our Services We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable laws, such as in relation to our use of certain cookies
   (b)	To provide and manage subscriptions to our e-newsletters (including without limitation any promotional materials and/or advertisements) and to communicate with the subscribers to our e-newsletters about our Services	By subscribing to our e-newsletters, you have consented to our use and processing of your personal data for us to directly market our Services through sending you e-newsletters
   (c)	To establish and activate your accounts (either general account or storage account), to provide assistance or support in connection thereto and to troubleshoot problems	For our legitimate business interests, including without limitation to provide and enhance our Services and, where applicable, to perform contracts and/or agreements entered into between you and us
   (d)	To fulfil our obligations to you pursuant to any contracts and/or agreements that you may enter with Omtis, or in connection with any of our programmes, events or promotions in which you register or participate	For our legitimate business interests, including without limitation to perform contracts and/or agreements entered into between you and us
   (e)	To track and analyse trends and usage in connection with our Services, as well as to measure and understand the effectiveness of any marketing we provide to you and to deliver relevant marketing to you	For our legitimate business interests, including without limitation to provide and enhance our Services)
   (f)	To process and verify your payment for our Services	For our legitimate business interests, including without limitation to perform contracts and/or agreements entered into between you and us, as well as to ensure that relevant payments have been properly made
   (g)	To send you, or for our third-party partners to send you, information about our Services and/or any other products, services and events that may be of interest to you based on your preferences
   (h)	To send you information about any administrative changes, updates and/or amendments to our policies, terms and conditions	For our legitimate business interests, including without limitation to keep you informed about changes to our policies, terms and conditions that may affect you
   (i)	To respond to or follow up on your queries, requests and/or complaints	For our legitimate business interests, including without limitation to allow us to respond to you and to provide our Services
   (j)	To protect and enforce our contractual and legal rights and obligations with any parties	For our legitimate business interests and for compliance with legal obligations to which we are subject
   (k)	To comply with any applicable laws and regulations or to assist in law enforcement and/or investigations by any governmental authority, public agency, statutory board or similar authority	For our legitimate business interests, including without limitation to prevent unlawful activities, as well as for compliance with legal obligations to which we are subject

   
   
   

4. Sharing of Personal Data within and outside Hong Kong

   In order to facilitate our business operations and the provision of our Services, your personal data may be disclosed, for one or more of the Purposes, to the following third parties (whether located in or outside of Hong Kong):-

   • agents, contractors or third-party service providers who provide operational services to us, including without limitation storage, delivery, information technology, insurance, postal or courier service, training, market research, data analytics, social media analytics, customer profile analytics, target audience analytics, advertising, market outreach, administration of our website, distribution of communications to you about our Services, including storage and archival services;
   • our affiliates;
   • anyone to whom we transfer or may transfer our rights and duties;
   • banks, credit card companies and their respective service providers;
   • our professional advisors, such as our auditors and lawyers;
   • any persons under a duty of confidentiality to us who have undertaken to keep such data confidential;
   • any persons acting on your behalf to whom data are provided, including without limitation any trustees, managers, agents or other representatives;
   • relevant government regulators or authority or law enforcement agency to comply with any laws or rules and regulations imposed by any governmental authority; and
   • any other party to whom you authorize us to disclose your personal data.

   Where we provide your personal data to any of the above third parties for any one or more of the Purposes, the third parties are prohibited from using your personal data for any purpose other than the purpose for which we provide your personal data to them. They may also be required to protect any and all personal data disclosed by us and to comply with the general privacy principles described in this Privacy Policy.

   When we transfer personal data that you provide to us to overseas third parties, it is possible that the overseas third parties are not subject to foreign laws that provide the same level of personal data protection as your country of residence or are not subject to any privacy obligations at all. Such overseas third parties may nevertheless be required to disclose your personal data to another third party, such as an overseas governmental authority.

   Additionally, we may transfer and share your personal data with designated third-party service providers (“Designated Service Providers”), which include without limitation:-

   • Valuation service providers, which may include without limitation Liv-ex;
   • Payment service providers, which may include without limitation Stripe;
   • Insurance service providers, which may include without limitation MSIG Insurance (Hong Kong) Limited, Zurich Insurance Plc, Liberty Mutual Insurance Europe SE; and
   • Communication service providers, which may include without limitation Tawk.to, Mailchimp, Zoom, Whatsapp, Facebook, Instagram, Linkedin;
   • Data management service providers, which may include without limitation SyncApps by Cazoomi, Netsuite, Oracle, Digital Butter;
   • Analytics and advertising service providers, which may include without limitation Facebook;
   • Delivery service providers, which may include without limitation GOGOX and TNT Express; and

   We recommend that you refer to the respective privacy policies of the Designated Service Providers to understand how they will use your personal data.
   
   

5. Direct marketing

   We intend to use your personal data for direct marketing purposes. However, we may only use your personal data for direct marketing where we have received your express consent to such intended use. Your consent may also be provided by an indication of no objection when appropriate. Our direct marketing may be conducted via various communication channels, including without limitation by email, post, phone or text.

   We also intend to provide your personal data to our affiliates for their use in direct marketing. Similarly, we may only do so where we have received your written consent to such intended provision.

   We will use and provide your personal data for direct marketing purposes only in accordance with applicable laws. We may also invite you to participate in market research and surveys and other similar activities.

   You may indicate your consent to the intended use and provision of your personal data for direct marketing purposes by indicating your consent when providing us with your personal data through our website or otherwise.

   Other means by which you may provide your or other people’s personal data to Omtis includes without limitation by email, in person, over the phone, by messaging apps, our website, the purchase of any products or any other communications with us or services offered by us.

   Please refer to paragraph 6 below on how to opt out of our direct marketing communications.
   

6. Your rights

   You have the following rights regarding your personal data that is collected and processed by us.
   
   

   	Summary of your rights
   Right of access to your personal data	You have the right to request for and receive a copy of the personal data that we hold about you. However, we may require further information in order to respond to your request, such as evidence of your identity and information to enable us to locate the specific personal information you require. We also reserve the right to charge a reasonable fee for the processing of your request.
   Right to rectify your personal data	You have the right to ask us to correct your personal data that we hold where it is incorrect or incomplete.
   Right to withdraw consent	You have the right to withdraw your consent at any time where we rely on consent to use your personal data.
   Right to complain to the relevant data protection authority	You have the right to complain to the relevant data protection authority where you think we have not used your personal data in accordance with the applicable data protection laws.

   
   
   

   To exercise any of the above rights, you may contact us via our contact details contained in paragraph 11 of this Privacy Policy. If you do not wish to receive any further direct marketing communications from us by email, you may unsubscribe by clicking the unsubscribe link included in our email correspondence or by changing the preferences on your Customer Account.

   Please note that if you withdraw your consent for a limited purpose, we may still contact you and/or use and/or process your information for other purposes for which you have not withdrawn your consent.
   

7. Retention of Personal Data

   Your personal data is stored with and retained by our Designated Service Providers as listed under Paragraph 4 above. Your personal data is retained by us for as long as it is necessary to fulfil the purposes for which it is collected, including for the purposes of satisfying any legal, accounting or reporting requirement, and for other legitimate purposes, or until you request for the erasure of your personal data.

   When erasing personal data, commercially reasonable and technically feasible measures will be taken to ensure that the personal data becomes permanently irrecoverable or irreproducible, or otherwise irreversibly anonymised.

   In providing your personal data to us, you hereby acknowledge and agree that we have no control over any of your personal data so stored with the Designated Service Providers and that we shall have no responsibility for any loss, damage or unauthorised use, disclosure, modification, access or disposal of your personal data by such Designated Service Providers attributed to factors which are beyond our control.
   

8. Security

   We take the security and protection of your personal data very seriously. As such, we store your personal data on secure servers of our Designated Service Providers and have put in place reasonably appropriate security arrangements to prevent any unauthorised access, collection, use, disclosure, modification or disposal of your personal data as far as it is within our control.

   In providing your personal data to us, you hereby acknowledge and agree that we have no control over any of your personal data so stored with the Designated Service Providers and that we shall have no responsibility for any loss, damage or unauthorised use, disclosure, modification, access or disposal of your personal data by such Designated Service Providers attributed to factors which are beyond our control.
   
   

9. Third Party Sites

   Our website may contain links to other websites operated by third parties. We are not responsible for the privacy practices of such third-party websites. You are encouraged to learn about the privacy policies of such third-party websites. Once you have left our website, we are not responsible for the protection and privacy of any information you provide. You should check the applicable terms, conditions and policies of the third-party websites you visit to determine how they will handle any information they collect from you.
   

10. Age

    We do not provide our Services to children or minors, and our website is not intended for or directed at children or minors under the Legal Age . As such, our website is designed for adult user interaction. We do not knowingly or intentionally collect personal data from children or minors under the Legal Age. If you believe that we may have collected personal data from someone under the Legal Age without proper consent, please let us know by contacting us via email or letter. Please refer to our contact details at paragraph 11 of this Privacy Policy.
    

11. Contact Details

    If you, at any time, wish to:

    1. enquire about this Privacy Policy or about how we may manage, protect and/or process your personal data; and/or
    2. exercise any of your rights as detailed under paragraph 6 above,

       Please contact us by email at communications@omtis.com or by post at Suite M1, 10/F Kaiser Estate Phase 3, 11 Hok Yuen Street, Hunghom, Kowloon, Hong Kong.

12. Changes to this Policy

    As part of our efforts to ensure that we properly manage, protect and process your personal data, we will be reviewing our policies, procedures and processes from time to time.

    We reserve the right to amend the terms of this Privacy Policy at our absolute discretion. We will notify you of changes to this Privacy Policy by posting the amended policy with the date it was revised on our website. If we make any changes to this Privacy Policy which require your consent, you may be unable to access and/or use certain Services, your Customer Account, this website and/or any other services provided by us until you have consented to such changes.

    You are encouraged to visit our website from time to time to ensure that you are well informed of our latest policy in relation to personal data protection.

Last updated on 31st December 2020.