Privacy Policy Statement (“PPS”)

1. ESR Asset Management (Fortune) Limited (“the Manager”, “we”, “our” or “us”) respects your legal rights of privacy when collecting, storing, using, processing and transmitting Personal Data and this PPS explains our privacy practices. We are legally required to comply with the Personal Data (Privacy) Ordinance (Cap. 486) of the Laws of Hong Kong Special Administrative Region when collecting, holding, using and/or processing your Personal Data. In doing so, we will ensure compliance by our staff to the strictest standards of security and confidentiality.

2. Users are strongly recommended to read this PPS carefully to have an understanding of our policy and practices regarding how your Personal Data will be collected, treated and processed. The provisions of this PPS may be updated, revised, varied and/or amended from time-to-time as we deem necessary. It is the Users’ obligation to regularly check for any changes in this PPS.

3. By providing your Personal Data to us, you are consenting to this PPS and the collection, use, transfer, storage and processing of your Personal Data as described in this PPS.

4. If you are under the age of 18, you shall have your parent’s or guardian’s consent before you provide your personal data to us.

5. Kinds of Information Collected

Depending on the types of goods and/or services we provide to you, we may collect two basic types of data from you, “Personal Data” and “Non-Personal Data”:

a. Personal Data

The following are the common situations when we may collect and store your Personal Data, which include but are not limited to:

· registration for Fortune+ program, enjoying benefits or otherwise using our services as a member of Fortune+, activities and/or other services;

· using and/or browsing our mobile applications;

· purchasing and/or using our services, including without limitation to subscribing to our communication materials;

· entry and/or participating in any of our promotional, marketing or advertising activities;

· collect consumption data by using mobile camera, like machine printed receipt and electronic receipt;

· posting, uploading, creating or otherwise generating any content and/or information including any artistic, musical, literary, sound recording, film and/or type of work on our website and/or mobile application; and

· request for customer service or other assistance in connection with our products and/or services.

b. Non-Personal Data

We may keep an activity log which does not identify you individually and cannot be used to identify the identity of any particular user. Generally, we collect and store the following categories of Non-Personal Data:

· information about your device that you use to access our mobile applications, such as the device name, operating system, IP address, version, the type of network and mobile Internet browser you use, the browser type and configuration, the geo-location information and other unique device identifiers of the device, browsing preferences (for example: language settings and default malls) etc.; and

· information about your use of the mobile application, such as the domain names you visit and the specific actions you take on the mobile application, the number of new or returning visits, statistics on the pages visited and referred, a reading history of the pages and sites you have visited and viewed, search terms used and search results, error and crash statistics, traffic data (such as time, duration and date of access).

6. Purposes and Uses of Personal Data Collected

The purposes for which we may use your Personal Data and non-personal data will be stated in the Personal Information Collection Statement (“PICS”), application form, terms and conditions, mobile application and/or webpage relevant to your provision of Personal Data to us. If you do not provide us the personal information/data, we may not be able to provide certain services in this Application.

7. Disclosure and Transfer of Personal Data

We endeavour to ensure security and confidentiality of all personal information/data provided by users through this Application. We will take all practicable steps to keep your Personal Data confidential. By downloading and using this Application, users agree, consent and authorise us to disclose and/or transfer their personal information/data to our staff or contractors, irrespective of whether they are located within or outside Hong Kong. We may disclose, transfer and/or assign such data to the following parties:

· any agent, adviser, auditor, contractor or third party service provider who provides administrative, telecommunications, computer, payment, fraud prevention, insurance, data processing, management services, letting and licensing services, marketing and promotional services, and/or other services to us in connection with the operation of our business and/or the relevant service(s);

· any actual or proposed assignee, transferee or successor of or to the Manager’s rights in respect of your Personal Data if the Manager decides to sell, merge and/or reorganise any part of its business;

· any person under a duty of confidentiality to us or who has undertaken to keep users’ personal information/data confidential and use them in strict compliance with the requirements of Personal Data (Privacy) Ordinance (Cap. 486);

· where we consider it necessary to do so in order to protect with applicable laws, regulations, including but not limited to judicial proceedings, court orders or legal services.

We may also disclose and/or transfer your Personal Data in the manner as stated in the Personal Information Collection Statement and/or any terms and conditions.

The parties to whom we disclose and/or transfer your Personal Data may be situated outside of Hong Kong where there may not be in place data protection laws which are substantially similar to or serve the same purposes as the Personal Data (Privacy) Ordinance.

8. Links to Other Websites

The Application may contain links to other websites and resources provided by third parties. If you click on any of these advertisements or hyperlinks, you may leave our mobile application for another location. At any other website, the protection of your privacy, Personal Data and your exposure to cookies are not our responsibility and you are advised to refer to the privacy policy of that other location (if any).

This application may allow you to link and/or connect to third party social networking sites. If you choose to link and/or connect to these third-party social networking sites, we may be able to collect certain Personal Data from your social networking profile in those sites. In that case, we will collect and use such Personal Data only for the purpose of providing you with the connection to the social networking sites.

9. Use of Cookies

This Application uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies” for tracking and examining usage of this Application in order to prepare analytical reports and to monitor traffic in this Application, as well as to improve, customize and enhance your browsing experience.

Users can share this Application in other social networking sites such as Facebook, Instagram and WeChat. We do not control these cookies and you should check the relevant third-party websites to see how your information is used and how to opt-out.

Users may choose to reject all or some cookies at any time by changing the setting of your web browser on your device. However, please be aware that you will not be able to use some of the functions of this Application if you choose to delete or restrict cookies.

10. Security and Storage of Information

Except the above mentioned, your Personal Data will be stored and accessed only by our employees or contractors who are authorised to do so. Your Personal Data will be automatically stored and will be kept on a secured server and will be encrypted and/or password-protected (or under some equivalent form of protection) and accessible only by authorised personnel of the Manager or its contractors. The network transmission of Personal Data will also be protected by using the SSL protocol. Personal Data are treated as confidential information by the Manager and all staff and contractors designated to handle Personal Data will be instructed to do so only in accordance with this PPS.

11. Use of Personal Data in Legal Proceedings

If it becomes necessary that we have to take action against you for any reason whatsoever including 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.

12. Right to access and Correct Personal Data

You may at any time request access to and correct Personal Data relating to you in any of our records. You may also ask us to delete your Personal Data from any active mailing or distribution list. We have the right to charge you a reasonable fee for processing of any information/data access request. If you wish to access or make amendments to your personal information/data held by us, please send such request by post to our Personal Data Privacy Officer:

ESR Asset Management (Fortune) Limited

Shop 901, Level 9

Fortune Metropolis

6 Metropolis Drive, Hung Hom

Kowloon, Hong Kong

Attention: Personal Data Privacy Officer (Legal Department)

(Please mark as “Confidential”)

13. Retention of Personal Data

Personal Data provided by you are retained by us for as long as the purposes and any directly-related purposes for which such data were collected continue. Once it is not necessary to use the Personal Data to fulfill such purposes, they are then destroyed within a reasonable time unless their retention is required to satisfy legal, regulatory or accounting requirements or to protect the the Manager’s interests.

14. This PPS may from time to time be updated, revised and changed. Any change, update or modification will be effective immediately upon being posted in the Application. You should check the Application for updates to this PPS on a regular basis.

15. In the event that there is any inconsistency between the English and Chinese version of this PPS, the English version shall prevail.

Section 10.2: Personal Information Collection Statement (“PICS”)

Where your personal data is collected in connection with the website/Application (defined below), our use of such personal data shall be in accordance with the terms and conditions of this PICS and the website/Application’s Terms of Use accessible within the website/Application (the “Terms”). Where your personal data is collected in connection with a specific activity, event, service and/or program in connection with the Program (defined below) offered by ESR Asset Management (Fortune) Limited (“the Manager”), in addition to this PICS and the Terms, you should also refer to the Manager’s Privacy Policy Statement accessible within the website/Application (“PPS”), the personal information collection statement and any terms in connection with such activity, event, service and/or program.

By downloading, accessing or continuing using the website/Application and providing us with your personal data, you accept and consent to the practices described in this PICS, the PPS, as well as any other personal information collection statement applicable to any activity, event, service and/or program in connection with the Program, though which your personal data is collected.

The terms in this PICS may change from time to time. We will alert you of such changes by posting the updated PICS in the website/Application. Your continued access to the website/Application after the posting of such changes indicates your consent to the same.

1. Purposes for which we collect Data

The personal data provided by you will be used for your enrolment to:

a. the Fortune+ Membership Program at +WOO, Fortune City One, Ma On Shan Plaza, Metro Town, Fortune Metropolis, Laguna Plaza, Belvedere Square, Waldorf Avenue, Caribbean Square, Jubilee Square, Smartland and Centre de Laguna (the “Program”) offered by the Manager;

b. the mobile application named “Fortune Malls” (the “Application”). If you want us to process your enrolment to the Program and/or to use the Application, you must provide the personal data marked as “mandatory” in the applicable registration form. The types of personal data we may collect from you include, without limitation, your name, member ID, mobile number, email address, month of birth, gender, age group and the transaction information of your purchases made (such as merchant name and date and amount of purchase) at the malls under the Program. We suggest that you fill in your English name in the form as shown on your Hong Kong identity Card in the “Name” field, to facilitate verification of your identity at various instances of your participation in the Program and/or use of the Application. On the other hand, it is entirely voluntary for you to provide personal data which is not marked as “mandatory” in the relevant registration form.

c. using our services, including without limitation to subscribing to our email alerts or communication materials offered by the Manager; and

d. request for general enquiries, leasing enquiries, customer service, feedback, enquiries, or other assistance, in connection with our products and/or services.

If you want us to process your enrolment to the email alerts, respond to your request for general enquiries, leasing enquiries and/or to use the website, you must provide the personal data marked as “mandatory” in the applicable registration form. The types of personal data we may collect from you include, without limitation, your name, address, telephone number, fax and email address. It is entirely voluntary for you to provide personal data which is not marked as “mandatory” in the relevant registration form.

The personal data provided by you will also be used by the Manager (as defined in the Terms) for the purposes of:

a. processing the application, administering, operating, managing, continuing, terminating and recovering of your enrolment in the Program and use of the website/Application;

b. operating, managing, customising, enhancing, optimising and improving the Program and the website/Application;

c. providing you with news, notices, and other communications in relation to Fortune Malls and/or the Manager (including, but not limited to, providing updates in relation to the Manager, Fortune REIT, Fortune Malls, Fortune Malls’ tenants and/or joint promotion partners selected by the Manager, events held at or by the Manager, Fortune Malls, Fortune Malls’ tenants and/or joint promotion partners selected by the Manager, including without limitation through email, mail, in-app notification, and/or push notifications to your mobile device);

d. earning, recording, accumulating and keeping track of your Fortune Malls Point+ for rewards redemption and issuance of redemption letters and other communications (including, but not limited to, by email, through in-app notifications, and/or push notifications to your mobile device) in relation to the same;

e. operating and managing your account and dealing with any accumulated Point+ in accordance with the Program;

f. identifying and verifying your identity and/or as a member;

g. making disclosure to any law enforcement agency or governmental authority in Hong Kong under the requirements of any applicable law or regulation; detecting, preventing, or otherwise addressing fraud or security issues; or protecting against harm to the rights, property or safety of the Manager, Fortune Malls and/or Fortune Malls’ tenants;

h. handling and following up customer service calls, enquiries, feedback and/or complaints relating to or arising from the Program, website/Application (including but not limited to, by email and/or by phone);

i. enabling us to better understand the demographics of our users;

j. protecting the rights or properties of the Manager, Fortune Malls and Fortune Malls’ tenants; and

k. other purposes ancillary or related to the above.

2. Use of Personal Data in Direct Marketing

We intend to use your personal data in direct marketing, and we may not so use your personal data in direct marketing, and we may not use your personal data unless we have received your consent (including an indication of no objection). We shall use your family name, given name, birth month, gender, age group, email address and contact phone number for marketing the following categories of services:

a. Mall services and products of Fortune Malls and/or Fortune Malls’ tenants;

b. Rewards, promotions, events and benefits related to or offered by Fortune Malls, Fortune Malls’ tenants and/or the Manager;

c. Joint promotions with merchants and business partners selected by the Manager and offering discounts, special offers or other benefits to Fortune Malls’ customers and/or Program members.

When you first provide your personal information to us through an application form, if you object to our use of your personal data for the relevant direct marketing purposes, please tick the relevant checkbox which allows you to opt out of our direct marketing activities. If you do not tick the box and if you confirm your understanding and acceptance to the applicable personal information collection statement, privacy policy and/or terms and conditions, you agree that we may use your personal data for the relevant direct marketing purposes.

You may also change your mind and request that we stop sending you direct marketing materials and/or communications at any time by changing the notification settings in the website/Application, emailing us at app.cs@fortunemalls.com.hk and/or contacting us at the address provided at the end of this PICS. We will, at no cost to you, comply with your request within a reasonable time.

3. Disclosure/ Transfer of Personal Data

The personal data collected will be used for the purposes above. We will take all practicable steps to keep your personal data confidential, but we may transfer/ assign such data to the following parties:

a. any agent, adviser, auditor, contractor or third party service provider who provides administrative, telecommunications, computer, payment, fraud prevention, insurance, data processing, management services, letting and licensing services, marketing and promotional services, and/or other services to us in connection with the operation of our business;

b. any actual or proposed assignee, transferee or successor of or to the Manager’s rights in respect of your Personal Data if the Manager decides to sell, merge and/or reorganize any part of its business;

c. any person under a duty of confidentiality to us or who has undertaken to keep users’ personal information/data confidential and use them in strict compliance with the requirements of Personal Data (Privacy) ordinance (Cap. 486);

d. where we consider it necessary to do so in order to protect with applicable laws, regulations, including but not limited to judicial proceedings, court orders, or legal services.

4. Use of Cookies

When you access or use the website/Application, the Manager may use cookies, web beacons and/or unique device identifiers to identify your device and to store and track information about your browsing activities and histories, user preferences and other actions in the website/Application for the purpose of operating, managing and improving the website/Application and the Program. In order for the website/Application to work properly, it is not possible to disable these cookies, web beacons and/or unique device identifiers. If you do not agree to our use, you should cease downloading, installing, accessing and/or using the website/Application and uninstall the same.

5. Right to Access and Correction of Personal Data