All Site are owned and or operated by SHELLSOUL LIMITED, incorporated and operating in the Hong Kong Special Administrative Region of the People’s Republic of China.
Unless otherwise defined, words used in this Policy shall take on the following definition:
“ShellSoul”, “we” or “our” means SHELLSOUL LIMITED, or ShellSoul-related entity that acts as controller or processor of your Personal Data.
“Personal Data” means information that makes it identifiable or locatable to an individual, such as name, postal address, email address, telephone number.
This Policy is to explain how ShellSoul uses Personal Data that we may collect when you access any of our Site or use our product(s)/service(s), including Personal Data that may be shared by our business partner(s). This Policy does not cover Personal Data that may be collected elsewhere such as offline, or website(s) linking to or from our Site, or third parties and individuals that ShellSoul does not own, control, employ or manage. If you do not agree with this Policy, do not: access or use any of our Site, provide information to us, or use our product(s) or service(s).
Do read this Policy together with our Site’ Terms and Conditions.
For website visitors including app users, account holders, customers from:
- European Union (“EU”), please refer to our GDPR webpage for details on how ShellSoul complies with EU’s General Data Protection Regulation Policy.
- California residents, please refer to the below California Consumer Privacy Act section.
- PERSONAL DATA YOU PROVIDE US
ShellSoul Site collects Personal Data with your specific prior knowledge and consent, such as when you place orders with us, subscribing to our newsletter, create an account with us, complete a survey to enter into our raffle sweepstake or giveaways. You may opt not to provide us with certain Personal Data, but in doing so, we may not be able to properly process your order, transaction, application, or you may not be able to enjoy special features we may offer.
When you register to our Site’ forum, you need to complete a registration form where you need to provide certain Personal Data such as your email. If you choose not to provide certain Personal Data, or if it is inaccurate, we may not be able to process your registration and you may not be able to post on our forum, or use parts of our Site. Optional Personal Data like your location, referrer, etc, may also be request.
- PUBLIC AREAS
When you post, contribute or share content to our Site’ public area, such as comments section, your submitted contents are made public. We recommend you exercise caution when you post, contribute or share contents on our Site’ public area in order to protect your personal privacy.
You are solely responsible for your use and activities on any of the Site, such as: when you submit or post contents on our Site; any activities occurring under your account; or, ensure, protect and safeguard your account’s confidentiality and security. In any event, we shall not be held liable for any and all claims, losses and damages sustained or resulting from any misuse of our Site, breach on any of our Site’ terms and conditions, any contents you submit onto our Site, or unauthorized use of your account.
- PERSONAL DATA WE COLLECT WHEN YOU BUY FROM US
When you buy and place an order with us, you may need to provide Personal Data such as your legal name, email address, telephone number, residential and shipping address, payment type and details, ship type, etc. SHELLSOUL DOES NOT COLLECT CREDIT CARD DETAILS. If you do not provide ShellSoul with the request Personal Data, or if the information provided is inaccurate, we may not be able to process your order or provide you with sufficient customer service upon receiving your order inquiry. We will use your submitted Personal Data to process your order and for purposes set out in this Policy. We will not disclose any collected Personal Data except where stated herein or otherwise notified in advance.
- AUTOMATIC INFORMATION
Our servers may automatically collect automatic, individual and/or aggregate information about your electronic device (such as phone, computer) used to visit ShellSoul Site, such as the website that referred you, Internet Protocol (“IP”) address, type and configuration of the internet browser of your electronic device, browsing preference such as language settings, font size, geo-location, operating system, and other usage and traffic information.
ShellSoul uses this automatic, individual and/or aggregate information to analyse trends, gather and prepare statistics or demographic information and administer our website so we may provide improved online web experiences to our users and visitors.
Information collected may not identify you personally. We may provide such information (not necessarily personal data) to our partners about how our users collectively use our Site, so they may further understand how their areas are used and our website, in order to provide you with improved web experience.
We may also be legally required to disclose or provide access to our database so to cooperate with the applicable laws, regulations, court order and/or request from government authority, which we will provide for those specific request.
This Policy does not restrict or limit our collection and use of such automatic and/or aggregated information.
- HOW WE USE PERSONAL DATA
We use, store and/or provide your Personal Data to conduct our business activities, such as:
- Enhance or improve user experience of ShellSoul Site, or help improve performance on our product(s) or service(s) offered through any of our Site;
- Register, verify, process and maintain your Site’ account;
- Process, verify, operate, manage, administer and maintain membership programs for our Site users, such as HBX VIP Membership Program, HBX Referral Program, etc.;
- Process your order and transaction on the Site, or for our products and services;
- Conduct and process any contest, raffle sweepstakes, giveaways and/or surveys that we may organize via our Site, social media or other channels/medium, business, products and/or services, and to announce the winner of the contest or sweepstakes (as the case may be);
- Inform you on changes to our Policy, Site’ Terms & Conditions, or respond to enquiries;
- Send email or other marketing communications about our Site or other news, promotional sale alert, Site’ products and services;
- Enforce our Policy, and Terms and Conditions;
- Allow our engaged third party service providers (including interaction or social media providers) to: provide specific services for or to our Site, to host contents on our Site, process data for ShellSoul, provide technological support to us, conduct maintenance of our services, data banks, databases, including but not limited to IT contractor(s), website analytic service provider(s), data processor(s) and service provider(s) for database management systems;
- Provide our third party advertising and promotional agencies or consultants, or online platforms selected by ShellSoul, to help us carry out marketing campaigns, measure delivery and effectiveness of such advertisement (such as client campaign tracking);
- To purchaser(s) or assignee(s) as part of any reorganization, merger and acquisition, transfer or sale of our business;
- Comply with or permitted by applicable laws, regulations, order or lawful request from government authority or court.
- THIRD PARTY WEBSITE
- THIRD PARTY ACCESS TO YOUR PERSONAL DATA
Without prejudice to Clause 6, we endeavour to protect your Personal Data from being accessed by third parties. But we may employ external maintenance personnel or use third party service provider(s) to help us provide website, information technology and/or data processing services or host our material, there are third party entities which may have custody or access to your Personal Data. It is necessary that you permit such third parties to access your Personal Data to the same degree and extent that you authorize us to do so. For greater certainty, every authorization you grant us in this Policy, you agree to also grant the same to any third party that ShellSoul may hire, contract, instruct or otherwise retain services for the purpose of operating, hosting, maintaining, repairing, improving, preserving or otherwise for our Site or its underlying files or systems, for data processing on our behalf, provide technological support and/or conduct maintenance of our servers, data banks or database (as the case may be). To the fullest and maximum extent as permitted under applicable law, you agree not to hold us liable for action(s) undertaken by such third parties, even where we may normally be held vicariously liable for their actions, and you must take legal actions against them directly should they commit any tort or other actionably wrongdoing against you.
We may store your Personal Data or share them with other third parties for reason related to Clause 6 above. Without prejudice to the foregoing, the following is a non-exhaustive list of other entities that we may store, share, or transfer your collected Personal Data in accordance with this Policy:
- Google Analytics (Anonymous version)
- Google Tag Manager
- Google AdSense
- Google Adwords
- Google Sign-in (iOS/Android)
- Facebook (SDK for iOS/Android, App Events/Analytics, AudienceNetwork)
- Twitter (Analytics)
- Affiliate Gateway
- MARKETING & COMMUNICATION
When registering for a SHELLSOUL Forum or signing up for ShellSoul Site account, you will be given the option to opt-in to receive our promotional and direct marketing materials and/or updates through the ShellSoul Site newsletter. If you would prefer to opt-out from these e-mails, you may do so at any time by using the unsubscribe link at the bottom of the e-mail.
We will also use your Personal Data for our direct marketing, as explained in Clause 6 regarding use of Personal Data for our direct marketing. In any event, we will use Personal Data for direct marketing in accordance with this Policy, and we will not use or provide your Personal Data to third parties for direct marketing unless having obtained your explicit consent, in accordance with the requirements of Hong Kong’s Personal Data (Privacy) Ordinance.
- LAW ENFORCEMENT
We may disclose your Personal Data to a third party to comply with or as permitted by any applicable laws or regulations, court order or lawful request from any government authority. If we receive a subpoena affecting your privacy, unless there are any prohibitions/ restrictions under applicable laws, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.
- SECURITY OF INFORMATION
We use SSL and TLS certificates to help secure ShellSoul Site. However, we make no representations as to the security or confidentiality of your Personal Data. You understand and agree that no transmission of data over the internet is guaranteed to be completely secure. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
- CALIFORNIA CONSUMER PRIVACY ACT
This section is specifically for individuals residing in California. We intend to comply with California Consumer Privacy Act of 2018 (“CCPA”). CCPA may provide you with additional rights over our use of your personal information, including Personal Data. You may find more information on: https://oag.ca.gov/privacy/privacy-laws. For the purpose of this section, Personal Data shall be part of the definition of “personal information”, meaning information falling under any of the 11 categories listed below which we may collect.
During the past twelve (12) months, below are categories of personal information that ShellSoul has either collected or not:
- Identifiers(such as name, email address, social security number, IP address) – Yes, collected
- Categories of personal information listed in the California Customer Records Statute(this includes information such as name, social security no, physical characteristics, address, telephone number) – Yes, collected
- Characteristics of Protected Classification under California or federal law– Yes, collected
- Commercial information (such as purchasing records)– Yes, collected
- Biometric information– Not collected
- Internet activity(includes search/browsing history) – Yes, collected
- Geolocation data(such as region, country) – Yes, collected
- Audio, electronic, visual, thermal, olfactory, or similar information– Not collected
- Professional or Employment information– Not collected
- Education information– Not collected
- Inferences about personal preferences and attributes drawn from profiling(e.g. via cookies) – Yes, collected
Under the CCPA, personal information does not include information that is publicly available, aggregated consumer information or those not covered by under the CCPA. ShellSoul will only collect personal information in accordance with this Policy.
Sale of Personal Information and Persons under 16
ShellSoul does not sell personal information we collected or received from third party, although we have de-identified and aggregated certain information for both internal and specific commercial use. Our Site are not intended for individuals below age of 16, and we will not knowingly collect personal information from such individuals. If you are of age 16 years or older, you may request us to not use certain personal information collected from you for the aforesaid purpose by sending us a message at [email protected].
As stipulated in this Policy, you have the right to choose not to provide certain personal information to us. We will not discriminate you in exercising your rights offered by CCPA. Unless where permitted in CCPA, we will not:
- Deny you goods or services;
- Charge a different price or rate for goods or services, including the use of discounts, benefits or other penalties;
- Provide a different level or quality of goods or services; and
- suggest will receive different price or quality of goods or service in exercising rights under law.
Request for Personal Information
Subject to exceptions permitted by law, you have the right to request us to delete your personal information which we may have collected. Upon receipt and confirming your verifiable consumer request, and if exceptions by law do not apply, we will arrange deletion.
To ensure and verify you are the correct and proper person related to the personal information which you want us to delete, upon receiving your request, you must thereafter provide us with the following in order for us to verify:
- Date of Birth (Month/Day) if you recall having provided us with;
- Details of last activity that you conducted on our Site (for example, if you last made a purchase, details of that purchase such as date, value, item(s) purchased);
- Email address used to conduct your activity on our Site.
If the information you provided us with is insufficient to verify your identity as the person being related to the personal information requested for deletion, we may request you for supplementary information.
To submit a verifiable consumer request for deleting personal information, you may to Clause 16 below for contact details.
Exceptional circumstances where ShellSoul can refuse deletion if we or our service provider(s) need to retain personal information in order to:
- complete a transaction, perform our contractual obligation which we have entered with you, provide goods or services which you have ordered or is part of our ongoing business relationship;
- detect wrongdoings like security incidents, protect against illegal, fraudulent or deceptive acts which are unlawful in nature;
- debug, identify and repair errors that may impair existing intended functionality;
- exercising free speech, and to ensure the right of free speech of a business or another Californian individual;
- comply with California Electronic Communications Privacy Act;
- conduct research (whether for public, scientific, historical, statistical) which adheres to other applicable ethical and privacy laws;
- internal use which is reasonably aligned with consumer expectations based on consumer’s relationship with ShellSoul, or in a lawful manner which aligns with the context and reason for why personal information was provided;
- comply with legal obligations.
We may retain personal information in our electronic archival or backup system.
Last Updated: 4th Apr 2021
Effective On: 4th Apr 2021