Privacy Policy Statement (Hong Kong)


Version: February 2015

 

Lyoness Asia-Pacific Limited ("Lyoness") recognizes the importance of your privacy. This privacy policy statement ("this Privacy Statement") explains how personal data is collected by Lyoness.

Please read this Privacy Statement carefully. If you apply to become a Lyoness Member in Hong Kong, use the www.lyoness.com.hk website or apply for a job (from Hong Kong) with Lyoness via the Lyoness job portal on www.lyoness-corporate.com, it indicates that you have read and understood this Privacy Statement and agreed to how personal data are collected and used as provided in this Privacy Statement, subject to your explicit consent as regards to your personal data being used for the purpose of Direct Marketing. Please note that the Lyoness websites including www.lyoness.com.hk website may contain links to websites located in other countries, for which foreign personal data protection laws may apply. You should regularly visit www.lyoness.com.hk to find out whether this Privacy Statement has been modified. However, if the modification concerns how Lyoness will collect and use your information (including your personal data) ("Data"), we will ask for your consent prior to any modified use.

1. Collection of Data and its purposes
When you apply to become a Lyoness Member, you may have to provide with Lyoness your Data which consists of one or more of the following: your name, gender, date of birth, Hong Kong Identity Card Number, Certificate of Incorporation Number, proof of directorship/ownership of companies/businesses, Business Registration Number, bank details, contact details (postal address and mobile phone number) and email address (collectively “Data”). It is optional and voluntary for you to supply such Data. However, if you fail to provide the Data to us, we will not be able to process your orders or respond to your enquiries. All Data provided by you must be true and accurate. By supplying the Data to Lyoness voluntarily, you agree and understand that any and all of the Data you provide to Lyoness will be collected and used for the following purposes:

  1. for verification of identity and record;
  2. to store communication contacting details;
  3. for processing of your orders;
  4. for collecting payment, processing of any payment instructions and direct debit fees;
  5. for internal monitoring, including calculating any amount you should receive or owe, making payment to or requesting payment from you, and collecting any fees or enforcing guarantee granted to or granted by the users;
  6. for implementing Lyoness’ obligations under any agreements entered into between you and Lyoness; and
  7. to implement your instructions, respond to your enquiries or those made in your name, and to provide efficient and responsive service.

2. Direct Marketing
In addition, if you have explicitly given your consent to Lyoness, its parents or subsidiaries in writing upon applying for Lyoness Membership or any time thereafter, Lyoness, its parents, or subsidiaries may use your name, gender, date of birth, and contact details (postal address(es), email address(es) and phone number(s)) (“Marketing Data”) for the following Direct Marketing purposes:

  1. for analysis and for comparison with others' Marketing Data in order to develop Lyoness products or services and market promotion programs;
  2. to provide information to you on Lyoness and various products and services of Lyoness in relation to the Lyoness Loyalty Program, including but not limited to seminars, workshops, events, discounts, benefits, advantages, new country opening, anniversary celebrations, the marketing and promotion of the Lyoness Loyalty Merchants, and the discounts and benefits that such Lyoness Loyalty Merchants offer.

Lyoness or its parents/subsidiaries will not use any of your Marketing Data for Direct Marketing purposes, and will not transfer your Marketing Data to third parties for Direct Marketing Purposes unless with your express written consent.
Even if you have given such consent to Lyoness, you may elect to stop receiving any Direct Marketing materials/communications at any time by emailing member-service@lyoness.com.hk with your name, Member ID, contact phone number, and the word “unsubscribe” as the subject of the email. No administration fee will be charged for such action.

3. Personal Data (Privacy) Ordinance
Lyoness complies with Hong Kong laws including the Personal Data (Privacy) Ordinance in its policy and the ways it collects, uses, stores, discloses, transfers, protects and accesses Data.

4. Retention, storage and disclosure of Data
You hereby acknowledge, agree and authorize us to retain and store the Data you provide in the database of Lyoness in Austria and Liechtenstein, and to provide, disclose, provide access of and transfer such Data, for purposes listed in paragraph 1 above other than Direct Marketing except with your explicit written consent, to:

  1. anyone of or any legal entity or department and/or associated company of Lyoness (which may be located abroad). You may find a complete list of companies comprising the Lyoness Group on http://www.lyoness-corporate.com/en-US/Company/Organisation/  (English only);
  2. Loyalty Merchants, if necessary to provide you with a service relating to the Lyoness Loyalty Program or the Lyconet Marketing Program;
  3. anyone who or any legal entity which has confidentiality obligations towards Lyoness;
  4. Lyoness's employees;
  5. any contractor, agent or others or legal entity, or any third party which provides administrative, telecommunication computer, payment, insurance, professional or other services to Lyoness and is engaged by Lyoness for the above purposes on collection of Data or relevant to the above purposes on collection of Data;
  6. your Recommending Person (your name, mobile phone number, email address, and some of your Lyoness business statistics) for the purposes of your Recommending Person understanding the calculation of the Lyoness benefits he receives which are derived from your purchasing activities;
  7. the Recommending Person of your Recommending Person (“Indirect Recommending Person”) (your name and some of your Lyoness business statistics) so that your Indirect Recommending Person may understand the calculation of his/her Lyoness benefits that he/she receives which are derived from your purchasing activities;
  8. if you are also a Lyconet Marketer, to your Coach and Senior Coach and to Marketers in his/her Downline for whom he/she is the Coach and/or Senior Coach (your email address and telephone number), for mutual support amongst Marketers;
  9. if you are also a Lyconet Marketer, to your Upline Marketers (your Membership ID, Shopping Points data and promotional activities data), for support purpose;

and in addition, to:

  1. anyone that Lyoness has to make disclosure to in accordance with the requirements of applicable laws, government policies or regulations;
  2. anyone who reasonably requires Lyoness to make the same disclosure in order that Lyoness can implement the purposes listed in this Privacy Statement.

Lyoness shall ensure that all entities to whom the Data are disclosed or made available shall be subject to confidentiality obligations.

You hereby agree that Lyoness can disclose your Data in the following reasonable and necessary circumstances:

  1. in compliance of relevant laws;
  2. to execute or implement any terms of Lyoness's users agreement;
  3. to protect Lyoness's and its users' rights, property or interests; or
  4. in compliance with this Privacy Statement.

Lyoness will also make available some of your Lyoness business statistics, which would not contain any of your Data such that the statistics will in no way identify you, to Lyoness’s Loyalty Merchants or any other third parties, for negotiation/maintenance of the business relationship between Lyoness and the Loyalty Merchants or any such third parties.

5. Cookies and Web Beacons
The Lyoness websites and online services are provided by Lyoness Group AG, an associated company of Lyoness incorporated in Graz, Austria. You hereby agree and authorize Lyoness to transfer your Data to Lyoness Group AG who will provide services to you through the Internet (including the Lyoness websites and mobile “Apps” and any other computer softwares/applications) by using your Data for the purposes listed in paragraph 1 above on behalf of Lyoness Asia-Pacific Limited. The Lyoness websites use Cookies, which are small text files that are stored on your computer and can be accessed there again when you revisit the Lyoness website. Cookies are used to enable you to register for Lyoness’ services and to personalise the website for you.

You can access some of the Lyoness website offers without having to register and/or log in. In this case certain information will be gathered automatically via Cookies in order to collect statistical data regarding the usage and efficiency of our Internet offers and to adapt them to the needs of our users. For this reason, we collect data via your IP address, the time and duration of your visit, the number of visits, and use of forms. The storage period of the Cookies varies. We mainly use Cookies that are automatically deleted after your visit to our website. We record every access to our website and the download of every file therefrom. The Cookies placed by us are used exclusively for informational purposes and will not be made available to any third parties.

Please note that conventional Internet browsers accept Cookies pursuant to default settings.  You can set your browser to refuse all or certain Cookies or to get your permission prior to the acceptance of a new Cookie. Most browsers provide corresponding instructions under the “help” menu item on the menu list. You will also find instructions there on how to delete any received Cookies.

For webtracking we set the tracking server provider Google Analytics Cookies, to track your online activities. This evaluation is anonymous.

In some instances, the information collected and stored by Cookies on this Website may constitute personal data. Any such personal data will be dealt with as outlined in this Privacy Statement.

You can set your web browser to reject all or some of the Cookies. Please note that you cannot use all of the features on the Lyoness websites if you do not accept Cookies. Cookies technology is needed to register your online purchases and credit the Cashback owed to you.

Lyoness websites may contain so called web beacons. These are small, invisible graphics that help Lyoness to identify interaction with the website, set up Cookies or determine the number of visitors. Web beacons or specially coded links in Lyoness newsletters and marketing emails are built in to determine whether the messages have been read or the links have been clicked on, so that Lyoness can evaluate the success of the mailings using statistical data.

By using the Lyoness website and online services you agree that the above Cookies and web beacons may be used.

Cookie

Parameter

Purpose

Functionality

/yo_it_accept_cookie

True

This Cookie serves to get the visitor’s consent

In order for the visitor to withdraw his consent, he must delete this Cookie from his own browser

-utma
-utmb
-utmc
-utmz

Google
Analytics

These Cookies serve to collect information: how the visitor uses the website (time, day of the week) and how often. This information is used to improve the Website- Service.

For additional information, please refer to Google Privacy

ASP.NET_Sessionld

ID

This Cookie serves to clearly identify a visitor.  

The session-ID is saved in a Cookie.

Lyo-Search-Settings

TreeType

Cookie to save search views.

The desired view of search results are saved per Cookie

lyo_box_account_info_settings

true/false

Cookie to fold and unfold data in the account overview

The view of account information can be activated and/or deactivated through this cookie. .

popup_lyoness3steps_closed

true/false

A pop-up will appear on the first visit with explanations regarding Lyoness

Cookie to control pop-ups. As soon as it is closed, the explanations will no longer appear at the next visit.

 

6. Webtracking
Webtracking provides Lyoness with important information about the behaviour of users on the website and enables Lyoness to perform an effective review of Lyoness’ online activities. The evaluation is done anonymously: it is not traceable to you. This website uses Google Analytics, a web analyst provider of Google Inc. (Google). Google Analytics also uses Cookies, that are stored on your computer and allows an analysis of the use of the website. The information generated through the Cookie regarding your use of the website (including your IP address) will be stored on a server of Google in the USA. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other site usage and internet related services. Google will not provide this information to third parties, unless required by law or if third parties process this data on Google’s behalf. Google will under no circumstances associate your IP address with other data stored in conjunction by Google. You may refuse to use the Cookies by adjusting your browser settings. Please be aware that should you choose this option, you will not be able to use all features of the website in full.
By using this site you agree to the processing of your anonymous information by Google in the manner described above and for the purposes set out.
You may object to the collection and use of your IP address by Google Analytics at any time and download a deactivation tool from http://tools.google.com/dlpage/gaoptout?hl=hk.
Lyoness has Google Analytics on the code “_anonymizeIP();“ enhanced, to ensure anonymous collection of IP addresses and to exclude identification of any directly related person.

7. Security of Data
Lyoness will take all practicable and reasonable steps and use various security technologies (including but not limited to encryptions during data transmission (SSL-Encryption), firewalls, hacker-deterring programs) and procedures to protect your Data from any accidental or unauthorized access, use, erasure or disclosure.

8. Lyoness Job Portal
If you apply for one of the jobs advertised on our Lyoness job portal www.lyoness-corporate.com, you will be asked to fill out an application and/or upload information, which will contain any one or more of your following personal data:
The personal data we collect and save are your title, first name, last name, address including street address, ZIP/postal code (if any) and city, date of birth, native language, nationality, Email address, telephone number, highest completed level of education, expected salary, current gross annual salary and earliest start date. In addition, you can list any special knowledge and qualifications such as IT skills, language skills, etc. In addition you can provide information regarding your education and training, professional experience, etc. These personal data are collected by Lyoness Group AG, located in Graz, Austria.

You also have the option of uploading files onto our server such as, e.g. your curriculum vitae, personal statement, photo, transcripts, and any additional information relevant to the job. In addition, you can send us a message in the text field provided for this purpose. These are also collected by Lyoness Group AG, located in Graz, Austria.

If you apply for a job located in Hong Kong, Lyoness Group AG will transfer the collected personal data aforementioned to Lyoness Asia-Pacific Limited and/or its Hong Kong subsidiary Lyoness Hong Kong Limited, for the processing of your application. Lyoness Group AG, Lyoness Asia-Pacific Limited and Lyoness Hong Kong Limited will abide by the Personal Data (Privacy) Ordinance for all personal data collected for recruitment purpose for a job based in Hong Kong. All personal data collected will be for the processing and considering of your job application only and be kept in strict confidence. Should your application is unsuccessful, all personal data collected will be destroyed within 6 months of the application date. 

9. Access and Amendment to Data
You are aware that according to the Personal Data (Privacy) Ordinance, you have the right to access your personal data collected and held by Lyoness and request amendment to your personal data. If you need to access your personal data held by Lyoness, please email to Lyoness's Data Privacy Officer at member-service spam@gohere.go lyoness.com.hk or:

Lyoness Asia-Pacific Limited
Suite 2607-12, 26/F, Tower 2, The Gateway,
Harbour City, Tsim Sha Tsui,
Kowloon, HONG KONG
Phone: +852 3977 4000

Regarding your personal data collected for application for a job located outside Hong Kong, please email topjob spam@gohere.go lyoness.ag or:
Lyoness Group AG
Human Resources Department
Grazbachgasse 87-91, A-8010 Graz,
AUSTRIA
Phone: +43 316 707 7700

You should update Lyoness whenever there is a change to any of your Data, otherwise Lyoness may not be able to provide its service to you. No administrative fee will be charged for such access and amendment.

10. Photos and images
You further hereby expressly agree that images, including photos and videos (both audio and visual) (collectively "Images"), may be taken of you at any time during Lyoness events and competitions, and that copyright and other intellectual property in such Images shall belong exclusively to Lyoness. You hereby grant Lyoness unlimited approval and consent to use, edit or modify such Images and to create derivative work therefrom and to show, display, publish or otherwise exploit the same. You further agree that you will not be entitled to any claim for remuneration or compensation for the use, modification and exploitation of such Images as mentioned aforesaid. You may however withdraw your approval and consent given herein at any time by email to Lyoness's Data Privacy Officer at office@lyoness.com.hk, provided that any withdrawal of consent and approval shall not affect any use, modification or exploitation of the Images prior to Lyoness's actual receipt of the withdrawal notification from you.

11. Governing law
This Privacy Statement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

* The margin benefits are dependant on the products purchased and the Loyalty Merchant. All hereto information on this website is therefore without guarantee.