2012

Personal Data Collection Statement

1. GENERAL

1.1 This statement sets out the policies of Club Wheelock Limited (“Club”) in the collection, use, sharing and protection of members’ personal information. The Club may update or change this statement from time to time and these changes will be posted on the Club’s website.

2. PERSONAL DATA THE CLUB COLLECTS

2.1 The Club may collect and/or request you to provide information about yourself via its website, in application forms or through other channels.  The information the Club collects or requests from you may include but is not limited to:

2.1.1. personal information such as your salutation, name and date of birth;

2.1.2. contact information such as your mobile telephone number(s), mailing address(es) and email address(es);

2.1.3. business information such as company name, business title and related contact information;

2.1.4. responses to market surveys and contests conducted by the Club or on its behalf;

2.1.5. data about transactions you have entered into held by any member of the Wheelock and Company Limited group of companies (including but not limited to the Club, Wharf Holdings Limited and Wheelock Properties (Hong Kong) Limited) (collectively "Wheelock Group Companies") .

2.2.   Personal data  collected by the Club may be used for either obligatory or voluntary purposes. If personal data are to be used for an obligatory purpose, you MUST provide your personal data to the Club and if you fail to do so in relation to a specific service, the Club may be unable to provide that service in full. If personal data are only to be used for a voluntary purpose, you may tell the Club not to use the personal data for that purpose and the Club will not do so.       

3. PURPOSE FOR COLLECTION AND USE OF PERSONAL DATA

Obligatory Purposes

3.1. The Club may use personal data for one or more of the following obligatory purposes:

3.1.1. to process your application to join, and administer your membership of, the Club;

3.1.2. to respond, to, process and fulfill and otherwise handle your general enquiries and your requests for any products or services the Club offers, however such enquiries and requests are submitted;

3.1.3. the operation of the Club including delivery of associated benefits and services, ongoing research and program development, delivering news and information to members, and for other Club record-keeping purposes;

3.1.4. for identification and verification purposes, in connection with any of the services or products that may be supplied to you;

3.1.5. disclosure to third parties to comply with any law, legal requirements, orders, directions or requests from any court, authority or government body of any jurisdiction, whether within or outside of Hong Kong; and

3.1.6. purposes directly relating to any of the above purposes.

 Voluntary Purposes

3.2. The Club may use your email address, postal address or telephone number (collectively in this statement, “contact data”) for one or more of the following voluntary purposes:

3.2.1. to administer contests and sweepstakes, including but not limited to disclosing the winner of any such contest; and

3.2.2. for direct marketing, promotional and member relationship management purposes.

In this connection:

(a)    the Club must obtain your consent (which can include an indication of no objection) to use your contact data for direct marketing;

(b)   the following classes of products, services and subjects of the Club, other Wheelock Group Companies and other businesses may be marketed:

(i)           products and services offered by the Club and other Wheelock Group Companies in relation to property, shopping mall, travel, food and beverage, hotel and catering services;

(ii)          reward, loyalty or privilege programs offered by third party business partners of the Club who are in the business of providing the classes of products, services and subjects set out in paragraphs 3.2.2(b) (iii)-(xi) below (“Club’s Partners”);

(iii)         air travel and accommodation services and non-air transportation services such as hotel transfers, car rentals, limousine and taxi services, bus operators, train operators and cruise operators;

(iv)         financial, insurance, credit card, banking, foreign exchange, and other related services and products;

(v)          telecommunication, internet and mobile communication services;

(vi)         food, wine and beverages and related services;

(vii)        travel and leisure services, including but not limited to holiday package products and services offered by travel agents, tickets to theme parks and other attractions;

(viii)       consumer electronics, computers and peripherals, printed matter including books, newspaper subscriptions and magazine subscriptions, audio visual titles, computer software and games,  mobile telephones and peripherals, toys, furniture, home furnishings, home appliances, houseware and tools, stationery, sporting equipment, fashion and apparel, watches and jewelry, suitcases and bags, food and consumables, beauty products and cosmetics, gift, flowers and hampers, health and beauty services, included but not limited to medical check-ups and spa packages, and vouchers, coupons and gift cards;

(ix)         professional and consulting services;

(x)          tickets for concerts, exhibitions, films, theatricals, sporting and special events; and

(xi)         real estate purchases or rentals.

If you consent to the use of your contact data for these marketing purposes and the provision of your data to the persons mentioned in paragraph 3.4. below, please leave the opt-out box in the Application Form unchecked when applying to become a member.

3.3. The Club may provide your contact data to the Club's agents for marketing its products, services and subjects listed in paragraph 3.2.2(b) above on the Club's behalf, both in and outside Hong Kong.

3.4. The Club would also like to provide your contact data to other Wheelock Group Companies and the Club’s Partners for their use in marketing their own products, services and subjects as listed in paragraph 3.2.2(b), and the Club must obtain your written consent (which can include an indication of no objection) for such purpose.

3.5. If you do not want the Club to use or provide to other persons your data for direct marketing as described above, you may opt-out, without charge, by:

3.5.1. following the “opt-out” instructions contained in these marketing communications; or

3.5.2. sending your "opt-out" instructions to the Club via post to its Data Protection Officer at the address set out under paragraph 6.1.

3.6. Except as provided below under “5. Disclosure and Transfer of Personal Data”, the Club will not knowingly use or share your personal data in ways unrelated to the aforementioned purposes without your prior consent.

4. ACCESS TO AND CORRECTION OF PERSONAL DATA

4.1. You have a right of access to and, if incorrect, to correct information about you held by the Club. All requests for copies of, or to correct, your personal data and all other enquiries about the handling of your personal data by the Club should be addressed in writing to the Club's Data Protection Officer at the address set out under paragraph 6.1. below.

4.2. The Club may charge a reasonable fee to process data access request(s).

5. USE OF COOKIES

5.1  We use cookies across our websites in order to improve their performance and enhance User's online experience.  Session cookies are used to enable User to move around the site and use essential functions on our websites, such as maintaining log-in details for the session such that the need to transfer information across the internet may be reduced.  We will not collect any personal data from User when the cookies are being used.

6. DISCLOSURE AND TRANSFER OF PERSONAL DATA

6.1  The Club may disclose/transfer your personal data to, and jointly use your personal data with (1) all of the following parties for the purposes set out in paragraphs 3.1. and 3.2.1 above, and (2) if you agree that the Club may provide your personal data to other persons for their direct marketing purposes, the parties specified in paragraph 5.1.6 and 5.1.7 for the purposes set out in paragraph 3.2.2.(b) above: -

6.1.1. any other Wheelock Group Company;

6.1.2. any agent, contractor or third party service provider providing administrative, research, distribution, data processing,  telecommunications, computer, payment or other services to the Club in connection with the operation of its program;

6.1.3. any other business associates of the Club such as the Club’s Partners, loyalty program operators, hotel operators, retailers, restaurants and other companies necessary for offering or providing customer service or fulfilling customer requests in connection with the Club's programs;

6.1.4. any person to whom the Club or other Wheelock Group Companies are obliged or expected to make disclosure under any law or guidelines, regulations or other measures issued by regulatory or other authorities (including industry and self-regulatory bodies);

6.1.5. any actual or proposed assignee of the Club or participant or sub-participant or transferee of the Club's rights in respect of you;

6.1.6. provided you have agreed to the use of your personal data for direct marketing, our agents to market the products, services and subjects specified in paragraph 3.2.2. (b);

6.1.7. provided you have agreed in writing to the Club providing your personal data to them, to other Wheelock Group Companies and the Club’s Partners to market the products, services and subjects specified in paragraph 3.2.2(b); and

6.1.8. any other parties if transfer of your personal data to them is reasonably necessary or expedient to procure of fulfill your requests for services.

7. PRIVACY POLICY CONTACT DETAILS

7.1. All enquiries regarding the Club’s compliance with its obligations under the Personal Data (Privacy) Ordinance (Cap. 486), opt-out requests or consents in relation to the use of personal data for direct marketing and requests for access to data, correction or erasure of data should be made in writing to:

7.2. If there is any inconsistency or conflict between the English and Chinese versions of this statement, the English version shall prevail.

[DEC 2022]

Terms and Conditions of the "Club Wheelock" ("Club")

These terms and conditions (”Terms and Conditions”) are binding on all members(“Members”) of the Club operated by Club Wheelock Limited. By signing the application form and/or completing the online registration herein to become a Member of the Club, the applicant agrees to be bound by, and totally accepts, the Terms and Conditions set forth and any amendments to be made from time to time, and to provide the consent mentioned in Paragraph 10 below. Each Member is responsible for complying with these Terms and Conditions.

1. MEMBERSHIP

1.1 Club membership is free and open to Hong Kong residents aged 18 or above.

1.2 There are two types of membership:

     (a) Elite Member – open to all Hong Kong residents aged 18 or above.

     (b) Premier Member – exclusively for owners (both first-hand and second-hand buyers) of residential properties solely or jointly developed by any member (including subsidiaries, affiliates and associated companies) of Wheelock and Company Limited from time to time (“member of the Group”) and tenants and occupiers of such properties, aged 18 or above.

1.3 The Club may from time to time establish such other kinds or types of membership as it shall deem fit.

1.4 All applications for membership shall be subject to the approval of the Club, which it may or may not approve at its absolute discretion and without giving any reason therefore and membership eligibility requirements may change from time to time at the absolute discretion of the Club. Membership will be valid for such period as the Club may specify from time to time. Membership may be renewed for such period and in such manner at the absolute discretion of the Club. In particular and without prejudice to the generality of the foregoing, on renewal of membership, Members shall upon request prove their eligibility to membership to the Club’s satisfaction and produce such documentary proof in support of the then eligibility requirements of the Club as the Club shall deem fit.

1.5 Each Member is responsible for advising the Club in writing of any change of name or address.

1.6 Individual Members must enroll separately and may hold only one membership of the Club at any time.

1.7 Members have no voting right as to the constitution, operation or management of the Club nor any right in or any claim over any assets of the Club.

1.8 Membership of the Club is non-transferable.

2. MEMBERSHIP CARD

2.1 Each Member will be issued a membership card (”Card”) by the Club upon acceptance of the membership application or successful membership renewal. The Member must sign the Card immediately upon receiving the Card using the same signature as on the application form.

2.2 The Card remains the property of the Club at all times and the Club reserves the right to revoke the Card and/or terminate the membership of the Member at anytime without giving any reason therefor. Members are required to return the Card to the Club upon request.

2.3 The Card is non-transferable and may only be used by the Member to whom the Card is issued. A Card must not be sold by any person.

2.4 If the Card is lost, damaged or stolen, it should be reported immediately to the Club. HK$50 administration fee (subject to change from time to time) shall be imposed by the Club for the issuance of a replacement Card.

2.5 The Card must be presented upon request as proof of membership to enable the Member to enjoy the facilities and services offered to Members.

3. FACILITIES AND SERVICES

3.1 The Club acknowledges that upon its approval for admission, Members will be eligible to receive and enjoy the facilities and services provided by the Club, subject to the Club’s invitation and any specific terms and conditions imposed by the Club for provision of such facilities and services. Invitations to Members shall be at the absolute discretion of the Club.

3.2 The Club shall have the right at any time at its absolute discretion without giving any reason to Members to terminate or suspend the operation and/or provision and/or availability of any facility or service.

3.3 The Club shall have the right to provide different facilities and services to different kinds or sections of Members subject to different terms and conditions at its absolute discretion.

3.4 The Club reserves the right at all times to vary the facilities and services offered to Members.

3.5 If any of the facilities and/or services are provided by third party providers/suppliers, the use and enjoyment of such facilities and/or services shall be subject to terms and conditions laid down by such providers/suppliers.

3.6 The Club shall not be responsible for the refusal of any persons including any merchants or stores or providers of such facilities and/or services to accept or honour the Card nor shall it be responsible or be liable in any way for any loss, costs, expenses or damage suffered in relation to the goods and/or services supplied by them to any Member.

3.7 No Member shall make use of the Club or the facilities, services, information or documents provided by the Club for any commercial, immoral, illegal or other purposes.

4. THE CLUB’S RESPONSIBILITIES

4.1 The Club shall have no responsibility or liability whatsoever to the Member for any act, omission or default howsoever caused or arisen which results or may result directly or indirectly in any loss, damage or injury whatsoever, to any Member or any other person.

5. DISBURSEMENT OF COSTS BY MEMBERS

5.1 A charge may be imposed by the Club for disbursement of the Club's costs or expenses incurred in the provision and/or delivery of any information or document requested by the Members.

6. AMENDMENT OF TERMS AND CONDITIONS

6.1 The Club shall have the absolute discretion and right to amend the Terms and Conditions from time to time and may notify the Members of any amendments made in any manner it considers fit via appropriate channels as the Club deems fit.

6.2 All Members will be bound by such amendments unless the Club receives his or her notice of resignation.

7. RESIGNATION

7.1 Any Member who wishes to resign from his/her membership shall give the Club at least seven working days advance notice in writing to that effect. The Card must be shredded or surrendered to the Club with the resignation notice by registered mail.

8. EXPULSION OF MEMBERS

8.1 Without prejudice to the overriding right of the Club to terminate the membership of the Member as aforesaid, the Club may, if it considers that any Member has behaved or conducted himself/herself in any way injurious to the Club or contrary to or prejudicial to the interests of the Club or has committed any breach of these Terms and Conditions, expel such Member from the membership of the Club and the decision of the Club shall be final and conclusive.

8.2 A Member who has been expelled from the Club shall cease to be a Member and shall cease to have any right, benefit or privilege of the membership and shall no longer have any right to receive and enjoy the facilities and services provided by the Club and shall immediately, upon receipt of the notice of expulsion, surrender to the Club his/her Card.

9. CESSATION OF OPERATION OF THE CLUB

9.1 Club Wheelock Limited shall have the right at any time at its absolute discretion without assigning any reason to cease the operation of the Club. Upon the cessation of the operation of the Club, all rights and privileges of Members shall cease. No claim or demand of whatsoever nature and howsoever arising shall be made or capable of being made by Members against the Club, the directors, the shareholders or the management of Club Wheelock Limited in connection with the cessation of the operation of the Club.

10. PERSONAL DATA

10.1 The membership with the Club Wheelock is also governed by the Club's Personal Data Collection Statement which is incorporated into this Agreement by this reference.  Please read the Personal Data Collection Statement to understand the Club's privacy policy.

11. APPLICABLE LAWS

11.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with the Laws of the Hong Kong Special Administrative Region.

11.2 If any of the provisions of these Terms and Conditions is illegal, invalid or unenforceable, it will be severed from these Terms and Conditions and the illegality, invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions. All provisions not affected by such illegality, invalidity or unenforceability shall remain in full force and effect.

12. GOVERNING VERSION

12.1 If there is any inconsistency or conflict between the English and Chinese versions,the English version shall prevail.

[JUNE 2013]