M&S CUSTOMER PRIVACY POLICY

Al-Futtaim Trading Company L.L.C trading as Marks and Spencer PLC or M&S, or any subsidiaries and affiliates of the Al-Futtaim Group (collectively “Al-Futtaim”, “we”, “our”, “us”) maintains the M&S Hong Kong mobile application (the “App”). This includes all the App’s information, communication, software, scripting, photos, texts, videos, graphics, music, sounds, images, other materials and services (collectively ‘Content’). Our Content is provided as a form of convenience for its mobile visitors, customers, employees and members of the Marks & Spencer Rewards Programme and the public (collectively “user”, “users”, “you”, “your”, “yours”) .The Marks & Spencer Rewards Program (“Programme”) is a loyalty programme managed and operated by ALF Retail Hong Kong Limited in the Hong Kong Special Administrative Region (“Hong Kong”). The Programme involves earning cashbacks (“Cashback(s)”) and redeeming Cashbacks in return for products and services offered by Marks & Spencer Hong Kong operating in Hong Kong. When you register to join as a member of the Programme (“Membership”), access or use our websites (“Websites”) or the App, this Customer Privacy Policy is deemed to be agreed by you. If you do not agree with this Customer Privacy Policy, please do not apply for a Membership and stop using our Websites and the App.

OVERVIEW

Maintaining the security of your data is a priority at Al-Futtaim, and we are committed to respecting your privacy rights. We pledge to collect and handle your data fairly and legally at all times. Al-Futtaim is also dedicated to being transparent about what data we collect about you and how we use it.

This Customer Privacy Policy, which applies to personal data of customers in Hong Kong collected via the App whether, you use your mobile device or via online, provides you with information about:

  • how we use your data;
  • what personal data we collect;
  • how we ensure your privacy is maintained; and
  • your legal rights relating to your personal data.
  • HOW WE USE YOUR DATA

    General

    Al-Futtaim (and trusted partners acting on our behalf) collects and uses your personal data for the following purposes and the pursuit of Legitimate Interests (as set out below) to make our services to you better:
    • to create, administer and maintain your Membership account;
    • to register you as a user of the App or a member of the Programme;
    • to provide goods and services to you;
    • to tailor and personalise the goods and services that we provide to you ;to provide or facilitate any special assistance you may have asked for;
    • to manage any registered account(s) that you hold with us;
    • to create a profile about you by combining your information with any other personal data we hold about you;
    • to identify and verify your identity;
    • with your consent, to contact you about your Programme membership account, details of our membership benefits and promotional offers and products and services which we think may be of interest to you;
    • to track your earning and redemption of Cashbacks to ensure that you receive our membership benefits;
    • for marketing and market research purposes – to tailor what we present to you to better understand and match your preferences and needs;
    • to manage customer service interactions with you; and
    • for crime and fraud prevention, detection and investigation of any criminal or unlawful activities, claims handling, and related legal and administrative purposes.
    Marketing

    Promotional communications

    Al-Futtaim uses your personal data for electronic marketing purposes (with your consent) and may send you postal mail to update you on our latest membership benefits and promotional offers.

    If you have consented to receive marketing communications from us, your personal contact details and information about your transactions on this App will be shared by M&S with Al-Futtaim Group for marketing purposes and customer research and analysis.

    Al-Futtaim Group and M&S aim to update you about products & services which are of interest and relevance to you as an individual.

    You have the right to opt out of receiving promotional/marketing communications from M&S and Al-Futtaim Group at any time, by:

    1. changing marketing preferences via your M&S Hong Kong App account or your Marks & Spencer Rewards account;
    2. making use of the simple “unsubscribe” link in emails or the “STOP” number for texts; and/or
    3. contacting M&S via the contact channels set out in this Customer Privacy Policy.

    If you choose to opt-out of promotional/marketing emails, you will still receive operational/administrative emails about your Membership, including, for example, but not limited to order confirmation, account update and profile update.

    You also have the right to request for the deletion of your data, particularly where we are no longer legally required to store them. You can, at any time, request us to delete your personal data that are stored in our Website and mobile application. To do this, you can send an email to MandSHK.OnlineCustomerService@alfuttaim.com.

    Sharing data with third parties

    Our service providers and suppliers

    In order to make certain services available to you and for the purposes of the pursuit of Legitimate Interests, we may need to share your personal data with some of our third party service providers including agents and contractors. These may include IT, delivery and marketing service providers, social media and research companies. We have no control over and will not be responsible for the usage of personal data by such third party service providers.

    Other third parties

    Aside from our service providers, Al-Futtaim and/or M&S will not disclose your personal data to any other third party, except as set out below. We will never sell or rent our customer data to other organisations for marketing purposes.

    We may share your data with the following individuals, bodies and organisations:

    • our carefully selected partners who provide ‘M&S’ branded products and services including Al-Futtaim Group, if we have your consent to do so;
    • credit reference agencies and payment card issuers (such as Visa, Mastercard and American Express) where necessary for card payments;
    • professor advisors such as lawyers, accountant, financial advisors and insurers;
    • new entity in connection with any actual or proposed merger, acquisition, transfer, re-structuring, sale, transfer, financing;
    • governmental bodies, regulators, law enforcement agencies, courts/tribunals and insurers where we are required to do so under the law of any country: -to comply with our legal obligations;
    • to exercise our legal rights (for example in court cases);
    • for the prevention, detection, investigation of crime or unlawful activities or prosecution of offenders; and
    • for the protection of our employees and customers.

    We have no control over and not responsible for the usage of personal data by such individuals, bodies and organisations.

    How long do we keep your data?

    We will not retain your data for longer than necessary for the purposes set out in this Customer Privacy Policy. Different retention periods apply for different types of data, however the longest we will normally hold any personal data is 6 years from the last active transaction date from your account.

  • WHAT PERSONAL DATA DO WE COLLECT?

    Al-Futtaim may collect the following information about you:

    • your name, age/date of birth and gender;
    • your contact details: postal address including billing and delivery addresses, telephone numbers (including mobile numbers) and e-mail address;
    • purchases and orders made by you;
    • your on-line browsing activities on our Websites;
    • your password(s);
    • Your Membership identification barcode on the App, your Cashbacks balance, your Membership account status and activities relating to your Membership account (if you are a member of the Programme);
    • when you make a purchase or place an order with us, your payment card details;
    • your communication and marketing preferences;
    • your interests, preferences, feedback and survey responses;
    • your location;
    • your correspondence and communications with M&S; and
    • other publicly available personal data, including any which you have shared via a public platform (such as a Twitter feed or public Facebook page).

    Our App and our Websites are only intended for people over the age of 18. If you are under the age of 18, you may only use our App or our Websites, or apply for a Membership if this has been authorised by your parent or legal guardian who gave consent you, on the basis of this Customer Privacy Policy.

    This list is not exhaustive and, in specific instances, we may need to collect additional data for the purposes set out in this Customer Privacy Policy. Some of the above personal data is collected directly, for example when you set up an account on our App, or send an email to our customer services team. Other personal data is collected indirectly, for example your browsing or shopping activity. We may also collect personal data from third parties who have your consent to pass your details to us, or from publicly available sources.

  • HOW WE PROTECT YOUR DATA
    Our controls

    Al-Futtaim is committed to keeping your personal data safe and secure.

    Our security measures include: -

    • encryption of data;
    • regular cyber security assessments of all service providers who may handle your personal data;
    • regular scenario planning and crisis management exercises to ensure we are ready to respond to cyber security attacks and data security incidents;
    • daily penetration testing of systems;
    • security controls which protect the entire Al-Futtaim and/or M&S IT infrastructure from external attack and unauthorised access; and
    • internal policies setting out our data security approach and training for employees.
  • WHAT YOU CAN DO TO HELP PROTECT YOUR DATA

    Al-Futtaim and/or M&S will never ask you to confirm any bank account or credit card details via email. If you receive an email claiming to be from Al-Futtaim and/or M&S asking you to do so, please ignore it and do not respond.

    If you are using a computing device in a public location, we recommend that you always log out and close the website browser when you complete an online session.

    In addition, we recommend that you take the following security measures to enhance your online safety both in relation to Al-Futtaim and/or M&S and more generally –

    • Keep your account passwords private. Remember, anybody who knows your password may access your account.
    • When creating a password, use at least 8 characters. A combination of letters and numbers is best. Do not use dictionary words, your name, email address, or other personal data that can be easily obtained. We also recommend that you frequently change your password. You can do this accessing your account, tapping on ‘Personal details’ and then tapping on ‘Change password’.
    • Avoid using the same password for multiple online accounts.
  • YOUR RIGHTS

    You have the following rights:

    1. The right to ask for a copy of personal data that we hold about you (the right of access);
    2. The right (in certain circumstances) to request that we delete personal data held on you; where we no longer have any legal reason to retain it (the right of erasure or to be forgotten);
    3. The right to ask us to update and correct any out-of-date or incorrect personal data that we hold about you (the right of rectification);
    4. The right to opt out of any marketing communications that we may send you and to object to us using / holding your personal data if we have no legitimate reasons to do so (the right to object);
    5. The right (in certain circumstances) to ask us to ‘restrict processing of data’; which means that we would need to secure and retain the data for your benefit but not otherwise use it (the right to restrict processing); and
    6. The right (in certain circumstances) to ask us to supply you with some of the personal data we hold about you in a structured machine-readable format and/or to provide a copy of the data in such a format to another organisation (the right to data portability).

    If you wish to exercise any of the above rights, please contact us using the contact details set out below.

  • LEGAL BASIS FOR USING DATA

    We are required to set out the legal basis for our ‘processing’ of personal data.

    Click here for further information

    Legal basis for Al-Futtaim processing customer personal data

    General

    Al-Futtaim collects and uses customers’ personal data because it is necessary for:

    • the pursuit of our Legitimate Interests;
    • the purposes of complying with our duties and exercising our rights under a contract for the sale of goods to a customer; or
    • complying with our legal obligations.

    In general, we only rely on consent as a legal basis for processing in relation to sending direct marketing communications to customers via email or text message.

    Customers have the right to withdraw consent at any time. Where consent is the only legal basis for processing, we will cease to process data after consent is withdrawn.

    Our Legitimate Interests

    The normal legal basis for processing customer data, is that it is necessary for the Legitimate Interests of Al-Futtaim, including –

    • selling and supplying goods and services to you;
    • protecting you, our employees and other individuals and maintaining theirsafety, health and welfare;
    • promoting, marketing and advertising our products and services;
    • sending promotional communications which are relevant and tailored to individual customers (including administering the Programme);
    • understanding your behaviour, activities, preferences, and needs;
    • improving existing products and services and developing new products and services;
    • complying with our legal and regulatory obligations;
    • handling your contacts, queries, complaints or disputes;
    • managing insurance claims by customers;
    • effectively handling any legal claims or regulatory enforcement actions taken against Al-Futtaim; and
    • fulfilling our duties to you, our colleagues, shareholders and other stakeholders.
  • USE OF COOKIES

    Our App and our Websites use cookies to collect information. This includes information about browsing and purchasing behaviour by people who access or use our App and our Websites. This includes information about pages viewed, products purchased and the customer journey around our App and our Websites.

  • LINKS TO OTHER SITES

    Our App may contain links to other sites operated by third-party companies with different privacy practices. You should remain alert when you follow any links to leave our App and read the privacy statements of other websites and mobile application. We have no control over and are not responsible for the personal data that may be collected and used, or the information you receive from such third parties.

  • CONTACT INFORMATION

    If you have any questions about how Al-Futtaim uses your personal data that are not answered here, or if you want to exercise your rights regarding your personal data, please contact us by any of the following means:

    When contacting us, please remember to quote your name and contact details along with any correspondence reference you may have.

  • LANGUAGE

    If there is any inconsistency or conflict between the English and Chinese version of this Customer Privacy Policy, the English version shall prevail.