(Last Updated on 30 Jun 2023)

The Privacy Policy set forth herein (“the Policy”) applies to all users who access, browse, or use the website www.smile-yogurt.com,  Facebook Page and Instagram Account (collectively, “the Website”), and various Smile electronic services (all above services collectively, “the e-Services”) provided by Smile Yogurt Limited (“Smile”). By accessing, browsing, or using the e-Services, you indicate your acceptance of the Policy. If you do not accept the Policy, please stop accessing, browsing, or using the e-Services.

Smile recognizes the importance of your personal privacy and endeavours to protect it. Smile utilizes and discloses your personal information in accordance with regulations set forth in the Policy. Smile reserves the right to update and modify the contents of the e-Services at any time, and may unilaterally amend the Policy without notification. You should review the Policy for any possible amendments on a regular basis, as your continued use of the e-Services constitutes your acceptance to be bound by any changes to the Policy. In case of any discrepancies between the Policy and other terms and conditions of use, the Policy shall prevail.

Personal data collection policy

1. You shall from time to time provide adequate but not excessive personal data to Smile on a voluntary basis, in the course of applying for or extending your membership of the Smile Membership Programme or enjoying members’ services or the e-Services. Smile may not be able to serve you if you are unable to supply or update your personal data.

2. You must inform Smile of your latest personal data; Smile shall not be liable for any losses arising from your failure to notify us of any such change.

3. Smile shall take all reasonably practicable steps to ensure that your personal data are protected against unauthorised or accidental access, processing, deletion or other uses, and shall further ensure that you may be informed of the types of personal data held by Smile, as well as the main purposes for which said data are to be used.

4. Smile complies with the provisions of the Personal Data (Privacy) Ordinance, amongst other statutory provisions, in any stipulated responsibilities and requirements of its policies and practices regarding the collection, use, storage, disclosure, transfer, protection, and access of personal data.

Purpose of keeping personal data

Personal data shall be used solely for the purpose for which said data were intended to be used at the time of collection unless you have given your express consent for a change of use, or such uses are required or permitted by the statutory provisions or the laws of the Hong Kong Special Administrative Region. Smile shall not retain personal data for longer than that is necessary for the fulfillment of the purpose (including any directly related purpose) for which said data are, or are to be, used.

Use of collected personal data

When using the Website or the e-Services, applying for Smile membership, updating your information, making an inquiry and/or using other services provided by the Website or the e-Services, you may need to provide Smile with your information, including but not limited to name, contact information, email address, and Facebook and Instagram username. You agree to provide said information to Smile on a voluntary basis. You agree and understand that any and all information supplied to, and collected by, Smile may be used for the following purposes:

1. Identity validation and record-keeping for membership application,

2. Day-to-day management, operation and management of the Member Programme,

3. Periodic communications to you from us and our affiliates, including but not limited to Member Programme details, products, offers, and joint promotional information,

4. Communications with you,

5. Promotions and advertisement of any products/services by us, our agents, and our contractors,

6. Sorting and analysis of your information, including personal data, records of consumption and promotions downloads, in order for Smile to understand your characteristics and purchasing behaviour so that you may be provided with services better tailored to your needs, and in order for your instructions, applications, inquiries and complaints to be processed,

7. Executing surveys of customers, products, and services,

8. Designing new services from Smile or participating merchants, or improving pre-existing services,

9. Processing orders, payments (including payment instructions to deduct rewards directly from accounts or instructions forwarded to corresponding systems) and various service requests,

10. Processing and displaying your information when you use the Website and the e-Services,

11. Any purposes beyond the Policy which you and we may agree on, and

12. Any disclosure obliged of us in compliance with statutory provisions and any matter directly related to those aforementioned.

Smile shall make use of your information, including but not limited to name, correspondence address, email address, Facebook and Instagram username, mobile phone number, date of birth, membership number, number and sum of purchases made, billing information, as well as other information required in the course of our service provisions. You must provide your personal data for the aforementioned purposes. Failure of such may prevent Smile from completing your membership application, providing you with members’ benefits, or supplying related services from Smile.

Direct marketing

Smile shall make use of your information for the purposes of direct marketing described as follows, whether through means of post, email, telephone, SMS message, short message service, or likewise:

• The latest information, offers, promotions, cash vouchers, and discount coupons related to in-store activities by Smile and products and services offered by Smile

Smile shall not make use of your information without your consent. All the direct marketing will only be sent by Smile or Smile’s agent.

If you no longer wish Smile to use your personal data for direct marketing purposes, you may contact our Customer Service via email: Smile. Smile shall stop using your personal data for direct marketing purposes within a reasonable period of time gratis.

If you choose not to receive direct marketing communications, Smile will still send you information associated with membership and non-promotional communications associated with Smile services, including but not limited to account status, order status and messages, and administrative arrangements, and you are obligated to and responsible for receiving and reviewing said communications.

Disclosure and transfer of personal data

Smile respects and cares about your concerns over personal privacy, and personal data held by Smile are thus kept confidential. You acknowledge, agree, and authorize Smile to retain and store the information provided by you on servers at Smile and/or affiliated companies, whereby such messages and information may be transmitted to Hong Kong or beyond, with said information provided, disclosed, granted access, and transferred to:

1. Employees of Smile and affiliated companies who are authorized to handle said information for collection purposes aforementioned,

2. Third-party service providers and their agents and contractors that provide Smile with administration, management, telecommunications services, computers, payment, data analysis, marketing and research, professional services or other similar services related to Smile business operations; Smile has signed a confidentiality agreement with all employed third-party service providers; under the confidentiality agreement, the third-party service provider can only use your information to perform the services entrusted by Smile.

3. Anyone to whom Smile is obliged to disclose in accordance with the law or other instructions from statutory bodies.

Security of personal data

Smile cannot guarantee absolute reliability in data transfer over the Internet. Smile will use various practical and feasible security technologies and protocols to protect your personal data from third-party interference. You shall nevertheless be fully aware that other websites hyperlinked from the Website or the e-Services may collect your personal information. Smile is not connected with and bears no responsibility for, any information you may provide to third parties.

Inquiry and update of personal data

You are entitled to:

1. Check whether Smile held any of your personal data,

2. Review any records of your personal data that are held by Smile,

3. Revise any incorrect personal data,

4. Ascertain the privacy policies and practices administered by Smile from time to time with regard to personal data,

5. Request at any time to stop receiving direct marketing communications from Smile,

If you would like to submit any of the aforementioned requests or make any inquiries about Smile’s privacy statement, you may contact Smile’s Customer Service Department through email: welcome@smile-yogurt.com. Please provide your name, contact phone number and Smile membership number, where applicable.

In accordance with the Ordinance, Smile reserves the right to charge you a reasonable fee for the processing of any Personal Data access request.

Use of cookies and web beacons

Smile will configure and access cookies on your personal computer in order to access or use services or functions that are dependent on cookies, provided that you do not refuse to accept cookies. Smile may use cookies to provide you with a more comprehensive and personalized service (including advertising & promotional services). You are entitled to either accept or refuse to accept cookies. You may refuse to accept cookies by modifying the configuration on your browser. If you choose to refuse to accept cookies, you may be unable to sign in or use services or functions that are dependent on cookies. The Policy applies to Information obtained through cookies dispatched by Smile. Smile may use web beacons on the Website, the App, or the e-Services, and allow third parties to place web beacons on the Website to monitor advertising performance or other legal purposes.

Underage persons

Smile does not plan or intend to promote products or provide services to any persons under the age of eighteen (18) or obtain their personal information through the Website or the e-Services. If you are under 18 years of age, you are advised not to provide any personal information on the Website or the e-Services platform; please ask your parent or guardian to order Smile products on your behalf.