(for users/customers residing in the European Union / United Kingdom)
This Privacy Notice was last updated on the 04 May 2023
Introduction
We/myTV SUPER (see note below) respect your privacy and are committed to protecting your privacy. This Privacy Notice tells you how we collect use and hold personal information about you when we provide goods and/or services to you, and when you use our website www.mytvsuper.com (“Website”), OTT box, mobile app and/or our services. Information about you may be collected in paper form, by telephone, online, by email, or via other electronic means, for examples, when you activate our OTT box, download/enable our mobile app, or when you create or log into your myTV SUPER account (together “Service”).
This Privacy Notice was last updated on the above date to incorporate the new privacy law under the General Data Protection Regulation (EU) 2016/679 which comes into effect on 25 May 2018 (Data Privacy Law). We are working towards enhancing our systems ready for these changes to service our customers residing in the EU / UK.
This Privacy Notice is provided in a layered format so you can click through to the specific areas set out below. Alternatively, you can download a pdf version of the policy.
Note: myTV SUPER is a service provided by MyTV Super Limited (a company incorporated in Hong Kong).
Contents
Data Privacy Overview
A. Important information and who we are and contact details
B. The information we collect about you
C. How is your personal data collected
D. How we use your personal data
E. Disclosures of your personal data
(for users/customers residing in the European Union / United Kingdom)
Data Privacy
Overview
Our Privacy Notice was last updated on 04 May 2023
We/myTV SUPER (see note below) respect your privacy and are committed to protecting your privacy. MyTV Super Limited is the controller responsible for the Website, the Service, and for the personal information we collect use and hold about you.
This gives an overview of our Privacy Notice on how we collect use disclose transfer and store your personal data. To incorporate the new privacy law under the General Data Protection Regulation (EU) 2016/679 which comes into effect on 25 May 2018 (Data Privacy Law). We are working towards enhancing our systems ready for these changes to service our customers residing in the EU / UK.
Overview contents
1. Data Privacy Law and our approach towards protecting your personal information
2. Your personal information and the Purposes for which we use your personal information
3. International transfers
4. Accessing correcting or updating your personal information
5. Your Legal Rights
6. Contact Us and further information
Note: myTV SUPER is a service provided by MyTV Super Limited (a company incorporated in Hong Kong).
1. Data Privacy Law and our approach towards protecting your personal information
The Privacy Law protects your privacy and ensures that the personal information that we hold about you is processed fairly and lawfully.
Personal information is data that can identify you, such as your name, address, and contractual details. It does not include data where the identity has been removed (anonymous data). We are obliged to observe the six Data Privacy Law principles when we collect use disclose transfer and store your personal information to ensure the data shall be:
• processed lawfully, fairly and transparently;
• collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with the initial purposes;
• adequate, relevant and not excessive;
• accurate and kept up to date;
• kept in a form which permits identification of the individual for no longer than is necessary;
• processed in a manner that ensures appropriate security of the personal data.
2. Your personal information and the Purposes for which we use your personal information
We may collect, use, store and transfer the following different kinds of personal data about you: Identity Data, Contact Data, Financial Data, Transaction Data, Technical Data, Profile Data, Usage Data, Marketing and Communications Data.
We explain these categories of data in Section B (The information use collect about you) of our Full Privacy Notice.
We use different methods to collect data about you, which are explained in Section C (How is your personal data collected) of the Full Privacy Notice.
We will only use your personal information when the law allows us to. Personal information which you provide to us or we collect from you or from a third party will be kept securely and will be used for purposes stated when the information is collected. For examples, we will use your personal information in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where we need to progress financial transactions.
• To allow statistical analysis of information so we can plan the provision of Service:
- we will retain your shopping history and use details of the product(s) or package(s) you have previously purchased to make suggestions to you for other product(s) or package(s) that we believe would also be of interest to you.
- we will retain and evaluate information on your recent visits to our Website and how you move around different web pages (and how you use our Service) for analytic purposes to understand how you use our Website and Service so that we can make the Website (and Service) more intuitive.
- we will keep a record of programme(s) or package(s) that you have clicked on via the Service, watched, or subscribed and use that information to target advertising to you that is relevant to your interests, which we have identified based on such information.
• Where it is necessary for our legitimate interests (or those of a third party) and that your interests and fundamental rights do not override those interests. Please see the table below paragraph 1.4 of Section D (How we use your personal data) to learn more about what we mean by legitimate interests and when we process your data for our legitimate interests.
• Where we need to comply with a legal or regulatory obligation.
Please visit paragraph 1.4 Section D of the Full Privacy Notice to learn more about the ‘purposes’ for which we may use your personal information when we process your data.
Consent
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you. Please see paragraph 2, Section D (how we use your personal data) of the Full Privacy Notice for further details.
Where we need to collect personal information by law, or under the terms of a contract we have with you and you decline to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In such event, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
For a description of the purposes we plan to use your personal information, and which of the legal bases we rely on to do so, and what our lawful basis/legitimate interests are where appropriate are set out in the table below paragraph 1.4, Section D (how we use your personal data) of the Privacy Notice.
Third-party links
Our Website and Service may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website or Service, we encourage you to read the privacy policy of every website you visit.
3. International transfers
We may transfer, store and process your personal data outside the EU/European Economic Area/UK. More detail can be found in Section F of our Full Privacy Notice.
4. Accessing, correcting or updating your personal information
You can access correct delete modify or update your registration, personal information and marketing preferences by:
• Log onto your user account via myTV SUPER mobile app or visit our Website at www.mytvsuper.com.
• Emailing our Data Protection Team at dataprivacy@mytvsuper.com.
5. Your Legal Rights
Under certain circumstances, you have rights under data privacy laws in relation to your personal data including the right to receive a copy of the personal data we hold about you and the right to make a complaint at any time to the relevant competent ‘supervisory authority’ in the EU / UK for data protection issues under the General Data Protection Regulation (EU) 2016/679 (Data Privacy Law). We would, however, appreciate the chance to deal with your concerns by contacting us (dataprivacy@mytvsuper.com) before you approach the supervisory authority so please contact us in the first instance.
You are entitled to:
• Find out what personal information we hold about you,
• Ask for out of date or inaccurate data to be updated, corrected, erased, or destroyed,
• Request that we do not use personal information to send you marketing information,
• Request that decisions about you are not made solely by an automated process,
• Request that we provide a copy of personal data you have provided to us and in a format which will allow you to transfer the data to another data controller,
• Request that we cease to process (or suspend processing) your data if you believe that the processing will cause you harm or distress
More details can be found in Section I (Your legal rights) of our Full Privacy Notice.
6. Contact Us and further information
If you wish to exercise your legal rights in respect of the personal information we hold about you, please contact us by email at [dataprivacy@mytvsuper.com] or write to the Data Privacy Team at MyTV Super Limited, 8th Floor, Main Block, TVB City, 77 Chun Choi Street, Tseung Kwan O Industrial Estate, Tseung Kwan O, Kowloon, Hong Kong. For your protection, we may need to verify your identity before implementing your request.
Please contact us immediately should you have reason to believe that the security of any of your account with us might have been compromised.
For more information on how we process your personal data including on data security, data retention and lawful processing bases, please access and see Sections G (Data Security) and H (Data Retention) of our Full Privacy Notice.
A. Important Information and Who We Are [Top]
1. Purpose of this Privacy Notice
1.1 This Privacy Notice aims to give you information on how we collect and process personal information about you through your use of the Website and the Service, including any data you may provide to us when you use or purchase our product(s) or services, register as a subscriber, visit our Website, download/enable our app, or take part in any of our contest.
1.2 It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing information about you, so that you are fully aware of how and why we are using such information. This Privacy Notice supplements other notices and is not intended to override them.
2. Controller
MyTV Super Limited is the controller responsible for the Website, the Service, and for the personal information we collect use and hold about you (together “we”, “us” or “our”1 ). Our parent company Television Broadcasts Limited (“TVB”), the affiliates and associated companies within the TVB’s group of companies (“TVB Group”) are the legal entities with whom we will share your personal information for processing purposes within the group. Details of the legal entities within the TVB Group can be found in the annual report of TVB. This Privacy Notice is issued on behalf of the TVB Group.
3. Contact Details
Our contact details are:
Data Privacy Team, myTV SUPER
Email Address: dataprivacy@mytvsuper.com
Postal Address: 8th Floor, Main Block,
TVB City, 77 Chun Choi Street,
Tseung Kwan O Industrial Estate,
Tseung Kwan O, Kowloon,
Hong Kong
4. Changes to this Privacy Notice and your duty to inform us of changes
4.1 We regularly review this Privacy Notice and this version was last updated on 28 Feb 2019. It is important that the personal information we hold about you is accurate and current. Where applicable, please contact us for historic versions of Privacy Notice.
4.2 It is important that the personal information we hold about you is accurate and current. Please write to us and tell us if your personal information changes during your relationship with us. You can write to us by emailing our Data Protection Team at dataprivacy@mytvsuper.com；or you can access correct delete modify or update your registration, personal information and marketing preferences by logging on your user account via the myTV SUPER mobile app or visit our Website at www.mytvsuper.com.
B. The Information We Collect About You [Top]
Personal information or personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
1. What information we collect
1.1 We may collect, use, disclose, transfer and store different kinds of personal information (personal data) about you. We have grouped them together in the following category:
• Identity Information such as:
- First name
- Last (surname) name
- Username or similar identifier
- Email address
- Title
- Date of Birth
- Contact number
- Gender
- Password
• Contact Information such as:
- Billing address
- Delivery address
- Email address
- Contact number
• Financial Information such as:
- Bank account and payment credit card details
• Transaction Information such as:
- Payment record of end customer
- Payment method
- Detail of products and services customer have purchased from us or business partner
• Technical Information such as your:
- Internet protocol (IP) address
- Login data
- Browser type and version
- Time zone settings and location
- Operating system and platform
- Other technologies in the device you use to log in to websites and services
• Profile Information such as:
- First name,
- Last (surname) name
- Username or similar identifier
- Gender
- Date of Birth
- Password
- Purchases or orders, interests, preferences, feedback and responses to market surveys and contests conducted by us or on our behalf
- Marketing and communications preferences.
• Usage Information such as:
- Downloading history
- Video playback history
- Bookmarked record
- Favorite product
- User’s gifting
- User’s use of the Website and Service
• Marketing and Communications Information such as:
- Marketing and communications preferences.
Please see the table under paragraph 1.4 of Section D (How we use your personal data) below for a description of the purposes we plan to use your personal data and the lawful bases/legitimate interest we rely on to do so.
1.2 We also collect, use and share Statistical Information such as analytical or demographic data for any purpose. Statistical Information may be derived from the personal information about you but is not considered personal data in law as this information does not directly or indirectly reveal your identity. For example, we may make use of your Usage Information to calculate the percentage of users accessing a specific service or website feature. However, if we combine or connect Statistical Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.
1.3 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
1.4 Where we need to collect personal data by law, or under the terms of a contract we have with you and you decline to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In such event, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
2. Third party data
You may occasionally need to provide personal information about other individual(s) to us. In each of such event, you are required to first obtain the authorization of such individual(s) before using, disclosing and transferring their personal information to us for the relevant purposes. We may require you to provide us with any supporting documents which may be necessary to prove such authorization. You should also advise such individual(s) that we may contact such individual(s) for further information.
C. How We Collect Your Personal Data [Top]
We use different methods to collect data from and about you including through:
• Direct interactions (information you give us). You may give us your Identity, Contact and Financial Information by filling in forms on our Website, downloading/enabling our OTT box or mobile app, by corresponding with us by post, phone, email, and other electronic means or otherwise. This includes personal data you provide when you:
- apply for our product(s) or services;
- subscribe to our services or publication;
- provide delivery address of purchased product(s);
- request marketing to be sent to you;
- enter a contest, promotion or survey;
- engage in interactive communications with us;
- contacting our customer services; or
- give us feedback.
• Automated technologies or interactions. As you browse or interact with the Website, or mobile app(s), buy or use any of our product(s) or services (such as using our OTT box or mobile app, or when you create or log into your myTV SUPER account), we may automatically collect Technical Information about your device, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Information about you if you visit other websites employing our cookies, server logs or other similar technologies. Cookies and those similar technologies allow us to analyze web traffic and evaluate how you move around for analytics purposes to understand how you and other users use it so that we can make it more intuitive. Please see our cookie policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public services as set out below:
- Technical Information from the following parties:
(a) analytics providers
i. Google Inc. based outside the EU / UK;
ii. NicePeopleAtWork based inside the EU / UK;
iii. Firebase Analytics based outside the EU / UK;
iv. Adobe Analytics based outside the EU / UK.
(b) advertising networks
i. DoubleClick based outside the EU / UK;
ii. Google Analytics based outside the EU / UK;
iii. Rubicon based outside the EU / UK;
iv. UcFunnel based outside the EU / UK.
- Contact, Financial and Transaction Information from providers of technical, payment and delivery services based inside as well as outside the EU / UK
(a) Apple Inc. based outside the EU / UK
(b) Google Inc. based outside the EU / UK
(c) AsiaPay Limited based outside the EU / UK
(d) mPay Limited based outside the EU / UK
(e) Alipay based outside the EU / UK
(f) Union Pay based outside the EU / UK
(g) WeChat Pay based outside the EU / UK
- Cloud system
i. Google Inc. based outside the EU / UK
- Identity and Contact Information from publicly availably sources such as the registries of companies and the Electoral Register(s) based inside as well as outside the EU / UK.
• Link to third party sites or apps. Our Service may be linked to third party sites or apps which may carry third party advertising marketing materials, applications, functionality or other features (“materials”). Please note that we are not responsible for any third party sites, mobile apps or materials, you should check and read the privacy policy of the relevant third party when you access or click on such materials or sign up any third party special offer. When you leave our Website or Service, we encourage you to read the Privacy Policy of every Website you visit.
• Telephone call. We will inform you if we monitor or record any telephone conversations between you and us for security reason, for record keeping of the transaction and/or for staff training purposes.
D. How We Use Your Personal Data [Top]
1. We will only use your personal data in the following circumstances
1.1 We will only use your personal data when the law allows us to.
1.2 Personal information which you provide to us or we collect from you or from a third party will be kept securely and will be used for purposes stated when the information is collected. For examples, we will use your personal information in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you:
- we use the information collected to provide the Service to you, including: fulfilling your subscription, creating and managing your account(s) with us, sending information to you about your relationship and transactions with us, allowing you to communicating with us, updating the information we hold about you.
• Where we need to progress financial transactions.
• To allow statistical analysis of information so we can plan the provision of Service:
- we will retain your transaction history and use details of the product(s) or package(s) you have previously purchased to make suggestions to you for other product(s) or package(s) that we believe would also be of interest to you.
- we will retain and evaluate information on your recent visits to our Website and how you move around different web pages (and how you use our Service) for analytics purposes to understand how you use our Website and Service so that we can make the Website (and Service) more intuitive.
- we will keep a record of programme(s) or package(s) that you have clicked on via the Service, watched, or subscribed and use that information to target advertising to you that is relevant to your interests, which we have identified based on such information.
• Where it is necessary for our legitimate interests (or those of a third party) and that your interests and fundamental rights do not override those interests.
- we may use your personal data where we believe to be necessary or appropriate in order to protect, enforce, or defend the legal rights/contractual obligations, privacy, safety, or property of MyTV Super Limited, the TVB Group or their employees, agents and contractors; protect the safety, privacy, and security of users of our Service to the extent permitted by applicable law.
- protect against fraud or other unlawful activity or for risk management purposes to the extent permitted by applicable law.
• Where we need to comply with a legal or regulatory obligation.
Consent
1.3 Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. Please see paragraph 2 below for further details. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we use your personal data
1.4 A description of the purposes we plan to use your personal data, and which of the legal bases we rely on to do so, and what our lawful basis/legitimate interests are where appropriate are set out in the table below.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
| Purpose/Activity | Data2 Category | Lawful basis/Legitimate Interest | |
| (a) |
To register you as a new customer, to administer and/or manage user account registration and your personal data held in your user account: • To enable you to access our Service; • To facilitate your sharing of information between the Service and your social media account(s) to the extent as you connect or have set up linkage between your user account with us and your social media account(s). |
• Identity • Contact |
• Performance of a contract with you or to take steps to enter into a contract with you • Necessary for complying with service pledges • Necessary for our legitimate interests in keeping our records updated, enhancing or improving your experience in using our products, accessing our services. |
| (b) |
To process and delivery your order including: • Manage payments, fees and charges |
• Identity • Contact • Financial • Transaction • Marketing and Communications |
• Performance of a contract with you • Necessary to comply with a legal obligation • Necessary for our legitimate interests in recovering debts due to us |
| (c) |
To manage our relationship with you including: • Tell you about changes to our terms or privacy policy • Tell you about changes to our products/services • Ask you to leave a review or take a survey
|
• Identity • Contact • Profile • Marketing and Communications |
• Performance of a contract with you • Necessary to comply with a legal obligation • Necessary for our legitimate interests in keeping our records updated, studying how customers use our products/services, enhancing or improving our services or communications for the benefit of our customers, and identifying and preventing fraud. |
| (d) |
To enable you to take part in a contest, prize draw or complete a survey, other interactive communication with us |
• Identity • Contact • Profile • Usage |
• Performance of a contract with you • Necessary for our legitimate interests in studying how customers use our products or services, developing and growing our business, and determining the effectiveness of promotional campaigns and advertising |
| (e) |
To administer and protect our business, the Website and the Service, including: • troubleshooting, • data analysis, • testing, • system maintenance, • support, • reporting; and • hosting of data |
• Identity • Contact • Technical |
• Necessary to comply with a legal obligation • Necessary for our legitimate interests in running our business, provision of administration and IT services, ensuring network and information security, preventing fraud, and in the context of a business reorganization or group restructuring exercise |
| (f) | To deliver relevant content marketing materials and advertisements to you and measure or analyze the effectiveness of the advertising we serve to you |
• Identity • Contact • Profile • Usage • Marketing and Communications • Technical |
• Necessary for our legitimate interests in studying how customers use our products or services, developing and growing our business, and marketing our products or services to existing customers to increase sales • Necessary for our legitimate interests in studying your shopping history and usage of products purchased to make suggestions to you for other products or packages which we believe you will also be interested in |
| (g) |
To use data analytics to • improve the Website, the Service, advertising, marketing, customer relationships and experiences; • conduct research in relation to the Service we provide; • enable us to better understand the demographics of our users; • perform statistical analysis of your behavior and interest in any Services we provide. |
• Technical • Profile • Usage |
• Necessary for our legitimate interests in defining types of customers for our products/services, keeping the Website updated and relevant, enhancing, personalizing or otherwise improving our products/services for the benefit of our customers, and formulating our marketing strategy • Necessary for our legitimate interests in evaluating information on your visits to our Website and how you move around for analytics purposes to understand how you and other users use it so that we can make it more intuitive • Necessary for our legitimate interests in studying how customers use our products or services, to enable us to develop and grow our business, to enhance modify or personalize or otherwise improve our services or communications for the benefit of our customers and in determining the effectiveness of promotional campaigns and advertising |
| (h) |
To make suggestions and recommendations to you about goods and services that may be of interest to you, for example, we have an interest in making sure the marketing/marketing materials we distribute is relevant for you, so we may process your information to: • send you marketing that is tailored to your interest; • provide other Services better tailored to your needs. |
• Identity • Contact • Profile • Usage • Technical • Marketing and Communications |
• Necessary for our legitimate interests in developing our business, and marketing our products/services to existing customers to increase sales • Necessary for our legitimate interests in using the record of the programme(s) or offer(s) that you have clicked on or watched or subscribed to target advertisement to you that is relevant to your interest, which we have identified based on programme(s) you have watched or subscribed |
2.1 We strive to provide you with choices regarding certain personal data uses particularly around marketing and advertising.
2.2 We may use your Identity, Contact, Technical, Usage and Profile Information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (“marketing”).
2.3 We have an interest in making sure our marketing is relevant for you to enable us to enhance modify or otherwise improve our service /communication for the benefit of our customers/users to determine the effectiveness of our personalized campaigns and advertising, so we may process your information to send you marketing that is tailored to your interest. If you have any concerns about personalized or interest based marketing, you have the right to object to processing that is based on our legitimate interest. For more information on your right, please see Section I (Your Legal Right) below.
Marketing from us
2.4 You will receive marketing communications from us if you have requested the information from us, or if you have purchased similar goods and services from us or if you provided us with your information when you entered into a contest or registered for a promotion and, in each case, you have not opted out of receiving marketing information. We will obtain your consent before using your information for sending other marketing communications to you. If you provide your mobile phone number to us, we may ask for your consent to receive text message alerts from us containing goods, services, event, or promotional information in a text or SMS. You have the right to object to processing your information for direct marketing purposes. You can also log into your myTV SUPER user account to adjust your marketing preferences or by following the opt-out link provided on any marketing messages sent to you, or alternatively, you can ask us to adjust by contacting us by email us at dataprivacy@mytvsuper.com at any time to update your preferences.
On-line interest-based direct marketing
2.5 To the extent as required by applicable law, we will obtain your consent before using your personal information for on-line interest-based direct marketing. If you have any concerns about personalized or interest based marketing, you have the right to object to processing your information for direct marketing purposes. You can adjust and update your on-line interest-based advertising preferences at any time by adjusting your internet browser setting. To learn how to opt out of online interest-based advertising, please see section 3 (Cookies) below and follow the instructions given in our COOKIE POLICY. Please read Section I (Your Legal Rights) below,
Third Party Marketing and Consent
2.6 We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
2.7 You can ask us or third parties to stop sending you marketing message at any time by checking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing messages sent to you or by contacting us [dataprivacy@mytvsuper.com]at any time to update your preferences.
2.8 Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration (where applicable), product or service experience or other transactions.
Third party on-line marketing
2.9 For third party on-line marketing, you can adjust and update your third party on-line marketing preferences at any time by adjusting your internet browser setting. To learn how to opt out of such third party marketing advertising, please see section 3 (Cookies) below and follow the instructions given in our COOKIE POLICY.
If you normally live outside the EU / UK and use our Service whilst you are in the EU / UK
2.10 If you access or seek to access our Service away from Hong Kong (i.e. relevant to customers/users who usually reside in Hong Kong) and to the extent required by the Data Privacy Law, we will obtain your express ‘opt-in consent’; or, if applicable, your express ‘enhanced opt-in consent’ (see Note below) before using your personal information for sending you personalised marketing while you are staying in the EU / UK area. You can adjust and update your marketing preferences at any time by logging into your user account and checking the relevant boxes to adjust your marketing preferences or by following the opt-out links provided on any marketing messages sent to you or by contacting our Data Protection Team: dataprivacy@mytvsuper.com at any time.
Note: Any such ‘opt-in consent’ or ‘enhanced opt-in consent’ you provide shall apply to any personalised marketing that you may receive from us and/or via our Service for the duration of your stay within the EU / UK. Any ‘direct marketing consent and advertising preferences’ you have previously given will remain effective and unaffected. We will continue to rely on such advertising preferences (for marketing outside EU / UK) you have set earlier. You can adjust and update your marketing preferences at any time, please refer to paragraph 2.7 of Section D (How we use your personal data).
3.1 Our Service uses cookies and other similar tracking technologies (“Cookie”) to ensure efficient functioning and provide you a service in line with your preferences. A Cookie is a string of information that is sent by a website and stored in the computer or device memory. We use Cookie technology to help log visitors to our Website and Service, to assist us in service provision or improve our Service, and to make our Website and Service and the advertising displayed on it more relevant to your interests. We also use cookies and related technology on third party websites, mobile sites and apps to show you personalized marketing based on data collected by those cookies.
3.2 You can set your internet browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our Website or Service may become inaccessible or not function properly. For more information about the Cookie we use or to learn how adjust your internet browser setting, please follow the instructions given in our COOKIE POLICY.
4. Using our Website, mobile app and TV box
4.1 We regularly review this Privacy Notice and may from time to time update the terms and conditions for using our Website, OTT Box or Service (including any update to this Privacy Notice). We will tell you when this Privacy Notice has been updated. Please note that any form on our Website and Service that capture personal information is secured.
4.2 We do not knowingly collect data relating to children.
5. Collection of financial information by provider(s) of a Payment Service
When you make a purchase from us (if applicable), you will be directed to a ‘payment service’ webpage operated by unaffiliated third party payment service provider (“Payment Service”) to facilitate the payment of any purchase you made with us. Any information that you may provide to a Payment Service will be governed by the relevant Payment Service provider’s privacy policy, rather than this Privacy Notice. We have no control over, and are not responsible for, any use of information collected through or by any Payment Service.
6. Change of purpose
6.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
6.2 If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
6.3 Please note that we may process your personal data without your knowledge or consent in line with our data privacy approach set out in this Privacy Notice, where this is required or permitted by law.
E. Disclosures of Your Personal Data [Top]
1.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in Section D (How we use your personal data) above:
(a) Internal Third Parties
• Other companies in the TVB Group acting as processors based in Hong Kong who provide IT, system administration services and/or corporate support services.
• To the extent as permitted by applicable law, we and companies within the TVB Group may also share your personal data with each other and with the TVB Group, for the purposes described in this Privacy Notice, including for each company's marketing purposes if you have consented to such use.
• Users who visit services of companies within the TVB Group should refer to their separate privacy notices which will govern the use of your information by the relevant TVB Group companies. The privacy notices of other TVB Group companies in certain respects may differ from this Privacy Notice.
(b) External Third Parties
• Service providers acting as processors based in Hong Kong, Asia, the United States or EU / UK who provide, IT, system administration services, product development services, local distribution services or corporate support services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in Hong Kong, Asia, the United States or the EU / UK who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in Hong Kong, Asia, the United States or the EU / UK who require reporting of processing activities in certain circumstances.
• Other third parties, for example, market researchers, fraud prevention agencies, market researchers price comparison sites, including:
Sharing technical Information with the following parties:
• Analytics providers
i. Google Inc. based outside the EU / UK;
ii. NicePeopleAtWork based inside the EU / UK;
iii. Firebase Analytics based outside the EU / UK;
iv. Adobe Analytics based outside the EU / UK.
• Advertising networks
i. DoubleClick based outside the EU / UK
ii. Google Analytics based outside the EU / UK;
iii. Rubicon based outside the EU / UK;
iv. UcFunnel based outside the EU / UK.
Sharing contact, Financial and Transaction Information with providers of technical, payment and delivery services
i. Apple Inc. based outside the EU / UK
ii. Google Inc. based outside the EU / UK
iii. AsiaPay Limited based outside the EU / UK
iv. mPay Limited based outside the EU / UK
v. Alipay based outside the EU / UK
vi. Union Pay based outside the EU / UK
vii. WeChat Pay based outside the EU / UK
Cloud system
i. Google Inc. based outside the EU / UK
(c) We may choose to sell, transfer, outsource or merge some of our businesses or assets with third parties. In addition, we may seek to acquire or merge with other companies. In the event of a change in our business, the new owner may use your personal data in the same manner as set forth in this Privacy Notice.
1.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Co-Branded Services
1.3 We may work with external unaffiliated third party in offering co-branded services or features, such as contests, activities, events or other promotions ("Co-Branded Services"). We may hold such Co-Branded Services or that such services may be hosted on the relevant third party's service. If you have consented to such use we may share information you submit in connection with the Co-Branded Service with the relevant third party. The third party's use of your personal information will be governed by the relevant third party's privacy notice.
F. International Transfers [Top]
1.1 MyTV Super Limited (a company incorporated in Hong Kong) is the data controller responsible for the Website, the Service and for the personal information we collect and hold about you. We share your personal data within the TVB Group and other external third parties:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where we need to perform a contract we have entered into with another person to facilitate service provision to you.
Many of our external third parties are based outside the EU or European Economic Area (EEA) or UK, so their processing of your personal data will involve a transfer of data outside the EU or EEA or UK. As such, these activities will involve transferring your data outside of the EU or the EEA or UK.
1.2 In other instances, when we transfer your personal data out of the EU or the EEA or UK, we seek to ensure at least one of the following safeguards is implemented to protect your personal data:
• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission / UK Government.
• Where we use certain service providers, we may use specific contracts approved by the European Commission / UK Government which give personal data the same protection it has in Europe / United Kingdom.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield (or other arrangement as approved by the European Union / United Kingdom) which requires them to provide similar protection to personal data shared between the Europe / UK and the US.
G. Data Security [Top]
1.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
1.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
1.3 We have internal policies on data protection and information security which define our commitments and responsibilities to your privacy. We provide regular training to staff that handle personal data to safeguard against any misuse and to help ensure your personal information is looked after properly. We will not keep your information longer than it is needed or where the law states how long this should be kept. We will dispose of paper records or delete any electronic personal information in a secure way.
H. Data Retention [Top]
1. How long we retain your personal data
1.1 We will only retain your personal data for as long as necessary as the law permits to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain your personal data for longer period in the event of a compliant or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
The factors we take into account in determining period of data retention.
1.2 To determine the appropriate retention period for personal data, we consider:
• the amount, nature, and sensitivity of the personal data;
• the potential risk of harm from unauthorized use or disclosure of your personal data;
• the purposes for which we process your personal data;
• whether we can achieve those purposes through other means;
• and the applicable legal requirements.
1.3 By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for a requisite period after they cease being customers to comply with legal requirements (such as for accounting or tax purposes).
1.4 In some circumstances you can ask us to delete your data: Please see paragraph 1.2 (c) in Section I (Your Legal Rights) below.
1.5 In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
I. Your Legal Rights [Top]
1.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights: Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement. All request will be considered without delay and within ONE month of receipt as far as possible. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
(a) Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
(b) Request correction of your personal data. We aim to ensure that the personal information we hold about you is accurate and up to date. There may be situations where you find the information we hold is no longer accurate and you have the right to have this corrected, please log on our Website to update your personal information or by contacting us at [dataprivacy@mytvsuper.com]
(c) Request erasure of your personal data. You have the right to have your personal data delete or remove personal data where there is no good reason for us to continue to process it where:
• the data is no longer necessary in relation to the purpose for which the data was collected;
• where you have successfully exercised your right to object to processing (see below, i.e. sub-paragraph 1.2(d));
• where there is no legal basis for further processing; or
• there is a legal obligation to delete the data to comply with local law.
However this will not affect the lawfulness of any processing carried out before your erasure request and that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you if applicable at the time of your request. We may not be able to provide certain products or services to you as a result and we will advise you if this is the case at the time upon your erasure request.
(d) Object to processing of your personal data. You have the right to ask us to stop using your personal data, however this may cause delays or prevent us delivering products or services to you pursuant to your request for Service or under the existing contract you have with us. You have the right to object to processing where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
(e) Request suspension or restriction of processing your personal data. You have the right to ask for processing of certain aspects of your personal information that we hold to be suspended or restricted:
• if the accuracy of the personal data is being contested, or
• if our processing is unlawful but you do not want it erased, or
• if the personal data is no longer needed for the purpose of the processing but you need us to hold the data as it is required by you for the establishment, exercise or defend legal claims, or
• if you have objected to the processing, pending verification of that objection
However, this will not affect the lawfulness of any processing carried out before your request and that we may not be able to provide certain products or services to you pursuant to your request for Service or under the existing contract you have with us. We will advise you if this is the case at the time of your request to restrict or suspend the processing of certain aspects of your personal data.
(f) Request transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
(g) Right to withdraw consent where we are relying on consent to process your personal data. However this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
1.3 Where possible we will seek to comply with your request but we may be required to hold or process information to comply with a legal requirement.
1.4 If you are unhappy with the way we use your personal data, you also have the right to complain to the supervisory authority for the purpose of the Data Privacy Law within the EU / UK. We would, however, appreciate the chance to deal with your concerns by contacting us at [dataprivacy@mytvsuper.com]before you approach the supervisory authority so please contact us in the first instance.
If you wish to exercise any of the rights set out above, please contact us by emailing our Data Privacy Team at [dataprivacy@mytvsuper.com] specifying what category of information is being sought:
Data Privacy Team, myTV SUPER
Email Address: dataprivacy@mytvsuper.com
Postal Address: 8th Floor, Main Block,
TVB City, 77 Chun Choi Street,
Tseung Kwan O Industrial Estate,
Tseung Kwan O, Kowloon,
Hong Kong
3. No fee is usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights set out in paragraph 1.2 of this Section I ). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
4. What we may need from you
We may ask you to give us specific information to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
5. Time limit to respond
We try to respond to all legitimate requests within ONE month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
J. General [Top]
This Privacy Notice is written in English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of this Privacy Notice, the English version shall prevail.
K. Glossary [Top]
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to enhance our services/products and improve your experience in using and accessing our services/products. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal and/or regulatory obligation that we are subject to.
This Privacy Notice is last update on 04 May 2023
Version: 2.0
_______________________________
1 When we mention “we”, “us” or “our” in this privacy notice we are referring to the relevant company in the TVB Group who are the controller of your personal data and are responsible for processing your personal information.
2 Please see paragraph 1, Section B (The information we collect about you) above for the different kinds of personal data in each ‘data category’.
