1.1 The following shall have the meaning describe hereinbelow: –
(a) “Agreement” means the user agreement entered between us as the provider of the Service on the one part and you as the User on the other made effective upon your continued use of the Sites and/or Service.
(b) “Account” means an established relationship between the User and the network of information service provided by us including the username and password created by the User at his own initiative or provided by us and accepted by us for the purpose to enable the User to gain access to the Service provided by us.
(c) “Associates” means each and every one of our respective shareholders, subsidiaries, employees, advisers, contractors, agents, directors, officers, partners, insurers, and attorneys.
(d) “Internet” means a global computer network through which the almost-instant delivery of data or files occurs between connected computers.
(e) “Minor” means a person under the age of 18 (or the age that a person is permitted to enter into a contractual relationship under applicable law at your jurisdiction).
(f) “Non-Personal Information” means information that does not identify you as an individual as stipulated in Clause 3.7.
(g) “Parent” or “Legal Guardian” means the person who has the legal authority (and the corresponding duty) to care for the person and property interest of a User who is a Minor.
(h) “Person” includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity.
(i) “Personal Information” means information and photos about an identifiable individual, business, organization or other entity, but does not include the name, title, business address, or telephone number of an employee and/or associate, partners of a business, organization or other entity.
(k) “Service” means any of the services, functions, or features offered on the Sites or by the Service App provided by us for online collaboration and/or management including but not limited to point-of-sales systems, office automation systems and human resources management systems.
(l) “Service App” means the software product(s) owned or licensed by us available at Apple App Store or Google Play to which we grant you access as part of the Service, including program documentation, and any program updates provided as part of the Service. The term “Service App” does not include Separately Licensed Third-Party Technology.
(m) “Separately Licensed Third-Party Technology” means third party technology that is licensed under separate terms and not under the terms of the Agreement.
(n) “Sites” means the website(s) including but not limited to (haircosys.com) or any other website(s) and sub-links owned and operated by us.
(o) “Users” means those individuals, employees, contractors and end users, as applicable, authorized by you or on your behalf to use the Service in accordance with the Agreement.
3.2 In order to use the Service, you must establish an Account by providing us with a valid email address and/or a mobile number for registration and choose a username or alias at your own initiative or provided by us and approved by us that can represent you on the Service. We may also require additional information such as, including but not limited to, your address, your contact number and/or your billing address when necessary.
3.3 You may connect to or register the Account via external third-party applications and/or webpages and we may receive your Personal Information from such applications and/or webpages. You may choose whether to connect the Account to such applications and/or webpages.
3.4 The types of information collected by us include Personal Information and Non-Personal Information.
3.5 We may also receive, collect and store any Personal Information including but not limited to personal and financial information you provide to us when you or your business:
(a) enquire of or make an application for Service;
(b) register to use and/or use any Service;
(c) upload and/or store information with us using the Service; or
(d) when you communicate with us through email, SMS, a website or portal, or the telephone or other electronic means.
3.6 Such personal and financial information may include but not limited to your or your client’s: –
(a) name (including first name and family name), date of birth, email address, billing address, username, password, photograph, address, nationality and country of residence;
(b) card primary account number, card expiry date, CVC details, bank and/or issuer details;
(c) IP addresses or similar identifiers; and
(d) information relating to any items purchased, including the location of the purchase, the value, the time and any feedback that is given in relation to such purchase.
3.7 We may also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose Non-Personal Information for any purpose, including but not limited to the following: –
(a) information such as occupation, language, area code, unique device identifier, URL, location, and the time zone where our product is used so that we can better understand your behavior and improve our products, Service, and advertising;
(b) information collected by cookies and other technologies;
(d) details of how you use the Service, including search queries. This information may be used to improve the relevancy of results provided by the Service except in limited instances to ensure quality of the Service over the Internet, such information will not be associated with your IP address; and
(e) with your consent, we may collect data about how you use your device and the Service App to help us and our app developers improve and/or develop the Service App.
3.10 HairCoSys and/or a third party acting on our behalf or at our direction may collect, capture, store, use, receive or otherwise obtain a scan of your face and/or head or any data or information based on the scan of your face and/or head which may include your face geometry (“Biometric Information”) for the purpose of providing personalized Services. HairCoSys and/or any such third parties do not and will not use facial recognition or identification technology in providing the Services. HairCoSys and/or any such third parties do not and will not store, use, possess, retain or have access to your biometric information after your use of the Services has completed, at which time the initial purpose for collecting, capturing, storing, using, receiving or otherwise obtaining the biometric information has been satisfied.
4.1 Service will only be available to individuals who are:-
(a) aged 18 or older; or
(b) of legal age at their jurisdiction; or
(c) Minors with the supervision by their Legal Guardian or Parent,
5.1 You are free to decide whether to provide, edit or remove your Personal Information disclosed in the Service. Except your username, you are free to amend your Personal Information which has been submitted to us and the profile information of the Account so long as that Personal Information is true and accurate. The action can be performed directly on your profile in the Sites or the Service App.
5.2 You may opt out of receiving direct marking materials from us by following the instructions provided in those direct marketing materials. Should you decide to opt out from receiving such materials, we may still send you non-promotional communications, such as those about the Account, previous purchases, our ongoing business relations or change in operation, etc.
5.3 In accordance with the statutory requirements, we will honor your request not to use your Personal Information for the purposes of direct marketing.
6.1 We collect Personal Information that you and your employees, your affiliates or your contractors provide directly to us.
6.2 We use the information we collect to improve and personalize the Services and to develop new ones. The ways of which we may use your Personal Information, once collected, may include but not limited to the followings: –
(a) to allow you to take part in all real-time interactive features and your health-related tracking on our Sites and/or Service App. We also use your information to make inferences and show you more relevant content.
(b) to process, assess and determine any applications or requests made by you in connection with our services or products and maintaining your account.
(c) to help us create, develop, operate, deliver, and improve our products, Service, contents and advertisements, and for loss prevention and anti-fraud purposes.
(d) to verify identity, assist with identification of Users, and to determine appropriate Service.
(e) to keep you posted on our latest product announcements, software updates, and upcoming events.
(f) to send important notices, such as communications about purchases and changes to our terms, conditions and policies.
(g) for our internal purposes, such as auditing, data analysis, and research to improve our products, Service, and customer communications.
(h) to administer any lottery, contest or similar promotional activities we and/or the Associates may hold from time to time.
6.4 We may review the Personal Information from time to time to identify problems and solve disputes, and to identify Users who use multiple user identifications or aliases. We may compare and review your Personal Information for errors, omissions and accuracy.
7.2 We share Personal Information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and Service, and conducting customer research or satisfaction surveys. These companies are obligated to protect your Personal Information and may be located wherever we operate. You further agree that: –
(b) we have no control over the contents and operation of such third-party and their use to the Personal Information (although we shall use our reasonable endeavor to ensure they have appropriate personal data privacy mechanism in place); and
(c) you shall indemnify us, the Associates, contractors, suppliers or distributors against liability from any of your interaction with such third-party.
7.3 Unless prior written consent has been obtained from you or it is required by applicable laws or court orders, we will not sell, send, share or disclose your Personal Information to third parties.
7.4 It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for us to disclose your Personal Information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, such disclosure is necessary or appropriate.
7.5 We may also disclose your Personal Information if we determine that disclosure is reasonably necessary to enforce the Agreement or protect our operations or our customers. Additionally, in the event of a reorganization, merger, amalgamation or sale, we may transfer any or all Personal Information that we collected to the relevant third party. Your continued usage of the Sites (where ownership of the Sites may no longer be owned by us) shall constitute as your consent to such transfer (if any).
7.6 We treat your Biometric Information with care and confidentiality. We do not share, sell, rent, or trade Biometric Information with third parties for any promotional purposes. Where our affiliates or service providers process your Biometric Information, they will do so solely on our instructions and comply with strict contractual requirements for the security of your Biometric Information.
Although we make every effort to preserve user privacy, we may need to disclose your Biometric Information when required by law, such as when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or litigation or other legal process or action (whether or not initiated by Perfect) to protect Perfect’s, our users’ or third parties’ rights, property or safety. We will transmit data to public authorities such as law enforcement or tax authorities only in the case of a legal obligation to do so based on a request for information from the respective authority.
8.1 We limit access to your Personal Information by our staff, Suppliers, business service providers and business-related partners who, we believe reasonably, need to utilize that information to provide Services to you or do their jobs.
8.2 Your Personal Information may be processed and stored in locations other than in Hong Kong for our business operations if needed; under such circumstances reasonable steps to protect your Personal Information will be taken.
8.3 We will take reasonable steps to protect your Personal Information, and you are reminded that no online or offline data transmission or data storage system can be guaranteed to be 100% safe and risk free. We shall not be held liable for any loss and damages caused to you or any third party arising from any data loss or leakage or any matter in connection therewith.
8.5 You further acknowledge and agree that consenting to the collecting, storing, and processing of your Biometric Information is a condition to you using our Services, including our mobile apps. If you do not consent to HairCoSys, our affiliates, and service providers collecting, storing, and/or processing your Biometric Information, or cannot legally consent, you should not use our Services.
9.1 We will retain your Personal Information as long as the Account is still in existence, or we need to provide Service(s) to you. If you do not want us to use your Personal Information, you may terminate the Account.
9.2 For most of our Services, we do not and will not store, use, possess, retain or have access to your Biometric Information after your use of the Services our products and services has completed, at which time the initial purpose for collecting, capturing, storing, using, receiving or otherwise obtaining the Biometric Information has been satisfied. You will be asked to upload your photo to our server for processing, and your photo will be permanently deleted from our server after your use of such service is completed.
9.3 If you choose to delete your account, we delete things you have posted, such as your photos and status updates, unless subjected to a valid warrant, subpoena issued by a court of competent jurisdiction, or other legal or regulatory proceeding, we will comply with this retention schedule and destruction guidelines.
9.4 We also may terminate the Account in accordance with the Agreement and your Personal Information will also be deleted and/or archived.
9.5 We will retain and use your Personal Information if necessary to comply with legal obligations, enforce the Agreement and / or resolve disputes.
Last Update: Aug 20, 2023