This page, together with our Privacy Policy, tells you information about us and the legal terms and conditions (the “Terms”) on which you trade-in your mobile phone and/or tablets (the “Products”) via our website https://HK-appletradein-abbti.brightstar.com/ (“Site”).

These Terms will apply to any contract between Brightstar Asia Limited, a company registered in Hong Kong under registration number 35009956 and with registered office at Flat A, 16/F, Gemstar Tower, 23 Man Lok Street, Hunghom, Kowloon, Hong Kong (referred to herein as “us”, “our” and “we”) for the trade in of Products by you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before trading-in any Products via our Site. Please note that before trading-in a Product by placing an order on our Site you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to trade-in any Products via our Site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 5. Every time you wish to trade-in Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms were most recently updated on 19/04/2016。

These Terms, and any Contract between us, are in the English language and the Chinese language. If there is any discrepancy between the English language and the Chinese language, the English language shall prevail.

1. 1.	Information about us

1. 1.1	We operate the Site.

2. 1.2

   Whilst the trade-in process includes the trade-in of Apple Products, the trade-in, reuse and recycling service is provided by us as an independent third party. Apple Inc and its affiliates and subsidiaries (collectively “Apple”) are not party to the Contract between you and us and you shall have no right of action against Apple for any breach of a Contract.

3. 1.3

   Apple hereby disclaims and excludes any and all warranties of any kind, express or implied. By using the Site, you hereby release Apple and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of the Site and our services, including, without limitation, incomplete or completed transactions and any claims or disputes between you and us.

2. 2.

   Our Site

1. 2.1

   2.1 We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any content on it, will be free from errors or omissions and we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

2. 2.2

   Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

3. 2.3	You are responsible for making all arrangements necessary for you to have access to our Site.

4. 2.4

   If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We will not be responsible or liable in any way in the event you suffer any loss or damage following any unauthorized use or misuse of your password.

5. 2.5	We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

6. 2.6	The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

7. 2.7	We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Site. You should use your own virus protection software.

8. 2.8	When using our Site, you agree that you will use our Site only for lawful purposes.

9. 2.9	Specifically, you may not use our Site:

1. (a)	in any way that breaches any applicable local, national or international law or regulation;

2. (b)	in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3. (c)	to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, threatening, abusive, vulgar, hateful or inflammatory, discriminatory or which infringes the intellectual property rights of any third party;

4. (d)	to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and/or

5. (e)	to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

10. 2.10	You also agree not to:

1. (a)	reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms;

2. (b)	use systematic, repetitive or any other methods which are designed to obtain a large number of quotes or other pricing and related information from our Site; and/or

3. (c)	attack (through denial of service, distributed denial of service or otherwise) or access without authority, interfere with, damage or disrupt:

1. (i)	any part of our Site;

2. (ii)	any equipment or network on which our Site is stored;

3. (iii)

   any software used in the provision of our Site; or

4. (iv)	any equipment or network or software owned or used by any third party.

11. 2.11	A breach of clause 2.10(c) may result in you committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

12. 2.12

    Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement by us of or any affiliation between us and that third party or the products or services that they offer. You acknowledge and agree that we are not responsible or liable (including for any loss or damage you suffer or incur as a consequence of your reliance on or purchase of) the content, advertising, products, services, or other materials on or available from such sites.

3. 3.	How we use your personal information

1. 3.1	We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

2. 3.2	It is your responsibility to:

1. (a)

   Remove your sim card (the “SIM”) before sending your Product to us. The SIM can contain private information, and may enable unauthorized use of your network access. If you fail to remove the SIM, subject to clause 13.2, you agree to release us from all claims, losses or damages with respect to the use of the SIM arising before, or after receipt by us of your Product. Any SIMs received by us are non-returnable;

2. (b)	Remove any personal file and data, whether in the form of personal details, SMS, photos, games, songs or other data, (the “Data”) from the Product; and

3. (c)	Switch off the activation lock or equivalent feature on your Product.

3. 3.3	In the event that a Product is received by us that contains: (i) personal information; (ii) any other stored data; or (iii) third party software, we will remove such data from such Product prior to the resell, recycle or the return of the Product to an authorized repair center.

4. 3.4	By sending your Product to us, you agree to release us from all claims, losses or damages with respect to the SIM, Data or Product. Subject to clause 13.2, we accept no responsibility in relation to the security, protection, confidentiality or use of such Data or the SIM.

5. 3.5	It will not be possible for you to obtain any Data or other content from the Product, whether stored on the Product or memory card, once it has been sent in to us.

6. 3.6

   You agree that you have the sole responsibility to keep a separate backup copy of any Data before sending your Product to us; and that you have taken all reasonable steps to eliminate and delete Data that is deemed personal or confidential. Data recovery is not a part of the trade-in, reuse and recycling service and subject to clause 13.2, we and Apple accept no responsibility or liability for any lost Data.

4. 4.	Consumer representations and warranties

1. 4.1	By placing an order through the our Site, you warrant that:

1. (a) you are accessing our Site from Hong Kong;
2. (b) you are legally capable of entering into a binding contract;
3. (c) you are not a business or acting in the course of a business; and
4. (d) you release us of any liabilities or claims that may arise if you send the Product to us in breach of this warranty.

2. 4.2	Your statutory rights as a consumer are not affected by this Contract.

5. 5.	Our right to vary these Terms

1. 5.1	We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

2. 5.2	Every time you trade-in Products via this Site, the Terms in force at the time of your trade-in will apply to the Contract between you and us.

3. 5.3	We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

1. (a)	changes in relevant laws and regulatory requirements; and/or

2. (b)	a change in our business practice.

4. 5.4

   If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel in respect of all of the affected Products. If you opt to cancel, you will have to return any monies (or other consideration) you have already received.

6. 6.	Collection

1. 6.1	We can only send return packs and collect your Products from within Hong Kong.

7. 7.	Valuing your Product

1. 7.1

   You warrant that you will accurately describe the condition of your Products so that we are able to provide an initial quotation before we are in receipt of, and able to, inspect the Product (the “Original Quotation”). The Original Quotation will be valid for a period of 14 days from the date it is issued to you (“Initial Period”). You may extend the validity of the Original Quotation within the Initial Period by a further period of 7 days from the end of the Initial Period (“Quote Validity Period”).

2. 7.2	We accept accessories such as chargers and headsets but these do not increase the value of your Product.

3. 7.3	A Product that is a carrier-contracted device locked by the carrier is ineligible for this recycling service. We and Apple reserve the right to reject any carrier-contracted device locked by carrier for this recycling service.

4. 7.4	Upon receipt of your Product, we will carry out an Inspection (as defined in clause 9.1). Any incorrect or inaccurate Product descriptions may result in us re-evaluating our Original Quotation to produce a Revised Quotation (as defined in clause 9.4).

5. 7.5

   Subject to clause 7.3, you must ensure that we are in receipt of the Products within the Initial Period or Quote Validity Period as appropriate. If we are not in receipt of a Product with the Initial Period or Quote Validity Period as appropriate, we reserve the right to provide you with a Revised Quotation (as defined in clause 9.4), subject to the clauses 8 and 9 below.

8. 8.	Lost, Blocked, Stolen and Fake Products and Pre-Pay Box Breaking

1. 8.1	For the purposes of these Terms “Fake” Products are counterfeit Products which are manufactured to resemble products made by another company in breach of the intellectual property rights of the genuine manufacturer.

2. 8.2

   In the case we are notified or suspect that the Product is either lost or stolen, we may request further proof of ownership of the Product. Additional proof of ownership may include, but is not limited to, receipts, tax invoices or carrier receipts. In the event that there is insufficient proof of ownership, the Product may be returned to you, or to the relevant authorities.

3. 8.3

   We may work with a number of agencies and service providers to enable us to check the IMEI of all Products that are sent to us to confirm that they are not stolen. We may do this prior to confirming purchase. However, in the event that we become aware of any issues at any time, we reserve the right to withhold/cancel payment and you agree to co-operate with us and any authorities should we make such a request.

4. 8.4	We will make no payments to customers for Products received which are either lost, stolen or Fake.

5. 8.5

   We reserve the right to inform the relevant authorities if there is any suspicion that there is a deliberate attempt to perpetrate a fraud. We reserve the right to reclaim any money paid to you if it is discovered within three months of the return of that Product that the Product has either been reported as a lost, stolen or the Product is discovered to be a Fake.

9. 9.	Inspection and Revised Quotation

1. 9.1	Once your Products have been received by us, we will inspect the Product to check to see if it complies with the description that you provided to us originally (the “Inspection”).

2. 9.2

   The Inspection will focus on, amongst other things, the model and condition of the Product, the country of origin of the Product as well as the total number of Products received by us. If the model, condition and/or origin are different to your original description, the Original Quotation will be adjusted in accordance with clause 9.4 below. Should our Inspection reveal that you have sent us a different model than the one that we provided an Original Quotation for, we will offer an amount for the different model based on the price displayed on the Site on the day that we are in receipt of the different model (subject to the condition of the Product). We may also adjust the Original Quotation if we decide to offer an amount for one or more but not all of the Products received by us.

3. 9.3	We will have sole discretion in determining the appropriate condition, the model, the country of origin and price of the Product.

4. 9.4

   We will contact you via email or text to confirm the amount we will offer for such Product as adjusted, if necessary, by these Terms (the “Revised Quotation”). You will have 14 days from the date that we have sent the email or text in which to accept the Revised Quotation provided that we cannot be held responsible for the non-delivery of emails because of spam email or junk filters. If you:

1. (a)	choose to decline the Revised Quotation within the 14 day period which has been provided because the condition of the Product is different to your original description, you may ask us to return the Product to you at no additional cost to you;

2. (b)

   choose to decline the Revised Quotation within the 14 day period which has been provided because the country of origin of the Product is different to your original description or for any other reason, you may ask us to return the Product to you at your cost. We will provide the applicable cost to you upon request and which must be paid before we return the Product to you; or

3. (c)	do not reply within 14 days of us sending the email or text, we will pay you the Revised Quotation.

5. Please allow for up to 10 working days to receive your returned Product. If for any reason we cannot send you back your original Product then we will be obliged to make payment for the Original Quotation (except to the extend such failure to send back the original Product to you has resulted from any act or omission of you).

6. 9.5	Under no circumstances can Products be returned by us to you after the expiry of the 14 day period detailed in clause 9.4.

7. 9.6	Additional accessories that have been sent in with your Product which have not been requested by us cannot be returned to you.

10. 10.	How the Contract is formed between you and us

1. 10.1	Nothing on this Site constitutes an offer by us to sell or purchase any goods or services.

2. 10.2

   Sending Products to us shall constitute an offer by you to sell such Products to us in return for the Original Quotation (“Your Offer”). However, please note that this does not mean that Your Offer has been accepted. Therefore we may, in our sole discretion, refuse to accept Your Offer for any reason. Our acceptance of your Offer will take place as described in clause 10.3. We may also, in our sole discretion, cancel any trade-in order you place on the Site in which case the Products relating to the order will not be collected by us.

3. 10.3	No Contract will be formed until either:

1. (a)	we accept Your Offer, by paying to you a sum equal to the Original Quotation; or

2. (b)	you have accepted our Revised Quotation and we make a payment to you of a sum equal to the Revised Quotation,

3. within the time frame set out in and in accordance with this Contract.

11. 11.	Pricing and Payments

1. 11.1	We initiate payments to you through Apple Gift Card within 3 working days after receipt and Inspection.

2. 11.2	Prices offered on our Site are subject to change at any time without notice.

12. 12.	Title and Risk in Products

1. 12.1	Title in the Product(s) shall pass to us on completion of the payment to you for such Product(s) at which point you disclaim any further right, title or interest in and to the Product or any items contained therein.

2. 12.2

   You must own all rights in any Product(s) that you send to us. By placing your trade-in order you declare that you are the true and rightful owner of, and have good title to, the enclosed Product(s) and as such, you confirm that you are legally authorized to sell or dispose of the Product(s) at your own discretion.

3. 12.3	Subject to clause 12.4, risk in the Product(s) shall pass to us once the Product is in transit from you to us via the mail/courier service that you use to send the Product to us.

4. 12.4	Whilst the Products are in transit from you to us the following shall apply:

   1. (a)	for each Product that you send to us you shall ensure that: (i) it is packaged so that it is physically protected; and (ii) you obtain and provide to us on request a tracking number for the package;

   2. (b)	subject to clause 12.4(c), our total liability to you in respect of all losses arising in connection with the loss or damage to a Product or Products whilst in transit, shall in no circumstances exceed the value of the Original Quotation; and

   3. (c)	we shall not be liable to you for any loss arising in connection with the loss or damage to a Product or Products whilst in transit should you fail to comply with the provisions of clause 12.4(a).

13. 13.	Our liability

1. 13.1

   If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

2. 13.2	We do not in any way exclude or limit our liability for:

1. (a)	death or personal injury caused by our negligence;

2. (b)	fraud or fraudulent misrepresentation; or

3. (c)	any other liability which cannot be excluded by law.

3. 13.3	Subject to clause 13.1, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. 14.

    Indemnity

1. 14.1	The trade-in, reuse and recycling service is provided for lawful purposes only, and you agree to indemnify us from and against any claims brought against us arising from performing our obligations under a Contract or for any breach of these Terms by you.

15. 15.	Events outside our control

1. 15.1	We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control (as such phrase is defined in clause 15.2).

2. 15.2

   An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

3. 15.3	If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

1. (a)	we will contact you as soon as reasonably possible to notify you; and

2. (b)	our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

4. 15.4	You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any monies you have already received and we will return any Products relating to such monies.

16. 16.	Communications between us

1. 16.1	When we refer, in these Terms, to "in writing", this will include e-mail.

2. 16.2	You may contact us by telephoning our customer service team at 2980 8049 or by e-mailing us at HK.AppleTradeIn@brightstar.com. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

3. 16.3	The provisions of this clause 16 shall not apply to the service of any proceedings or other documents in any legal action.

17. 17.	Intellectual property rights

1. 17.1	We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

2. 17.2	You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

3. 17.3	You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

4. 17.4	Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

5. 17.5	You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

6. 17.6	If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

18. 18.	Other important terms

1. 18.1	We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

2. 18.2	You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

3. 18.3	This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

4. 18.4	Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

5. 18.5

   If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

6. 18.6	These Terms are governed by the laws of Hong Kong. This means a Contract for the trade-in of Products through our Site and any dispute or claim arising out of or in connection with it will be governed by the laws of Hong Kong.

7. 18.7	We and you both irrevocably agree that the courts of Hong Kong and courts of appeal from them shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

This Privacy Policy sets out the approach which Brightstar and its related companies will take in relation to the treatment of your Personal Information. It includes information on how Brightstar collects, uses, discloses and keeps secure, your Personal Information. It also covers how Brightstar makes the Personal Information it holds available to you for access and correction by you in the event that such information is inaccurate or incomplete.

Brightstar may collect the following types of information: the customer’s name, email address, mail address, user name and password and any faxes or mail sent to us and the IMEI numbers of any mobile device used in any transaction with Brightstar, and other information that clients may provide in their course of communication with Brightstar.

Information can sometimes include identification information to comply with relevant second hand trading legislation and your rights or title to sell goods to Brightstar in addition to financial information pertaining to the financial processing of a transaction.

We may also use 'cookies' which will collect information about you such as your IP address and how you have used our website - this is discussed further below (see 2.7 below).

This policy has been drafted having regard to Brightstar's obligations under the Personal Data (Privacy) Ordinance as updated from time to time (the PDPO).

This policy has been drafted in the English language and the Chinese language. If there is any discrepancy between the English language and the Chinese language, the English language shall prevail.

If you require further information regarding Brightstar's Privacy Policy, you can contact our Privacy Officer on:

Note that terms that are capitalised (the first letter of each word is a capital) are defined in the Glossary at the end of this Policy.

1. 1. Collection

1. 1.1

   Brightstar will only collect Personal Information (see glossary for the full definition) where the information is necessary for Brightstar to perform one or more of the functions or activities set out in this Privacy Policy or in the particular consent we may ask you to give when your Personal Information is collected. In this context, "collect" and "collected" means gather, acquire or obtain Personal Information. In some instances, we may collect or be provided with, your Personal Information from or through a third party. This Privacy Policy will still apply to your Personal Information as a minimum but in some instances, your Personal Information will be governed by the consent you gave to that third party and the third party's privacy policy depending on whether or not we are obligated to treat your Personal Information in accordance with the third party's privacy policy or not (see below).

2. 1.2

   Brightstar collects Personal Information primarily to supply customers with the services it or its related companies have contracted to supply to that customer and/or to purchase goods from its customers. But Brightstar also collects and uses Personal Information for secondary purposes including: 1.business planning and development; and 2.with the individuals' consent, to provide them with information about Brightstar’s other services, as well as the services of other related companies. If there are additional purposes for which we propose to use your Personal Information which are not specified in this Privacy Policy, they will be contained in the terms of any consent we may ask you to agree to when we collect your Personal Information. We will always give you the option to decline to provide your Personal Information or to decline to allow us to use that Personal Information for the purposes for which we have proposed to use it.

3. 1.3

   Brightstar will take reasonable steps to notify you of the matters listed below at the point in time where we are collecting any Personal Information from you: 1. the main reason that we are collecting Personal Information (this reason will be the Primary Purpose); 2. other related Uses or Disclosures that we may make of the Personal Information (to the extent not set out in this Privacy Policy) (Secondary Purposes); and 3. our identity and how individuals can contact us, if this is not obvious. 4. that individuals can access the Personal Information that Brightstar holds about them; 5. where applicable, any law that requires the Personal Information to be collected; and 6. the consequences (if any) for the individual if all or part of the Personal Information is not provided to Brightstar.

4.  
5. 2. Use

   1. 2.1	Brightstar Uses Personal Information primarily to supply customers with the services it or its related companies have contracted to supply to that customer and/or to purchase goods from its customers as noted in 1.2 above.

   2. 2.2	Brightstar will obtain your consent for Use of Personal Information for specific Secondary Purposes at the time of collection, unless such Use is identified in this Privacy Policy or is a related Secondary Purpose which would be within your Reasonable Expectations.

   3. 2.3	Regardless, Brightstar will only use or disclose Personal Information about you:

   1. 1. in accordance with this Privacy Policy;
   2. 2. for any other purpose communicated to you at or near the time your Personal Information is collected;
   3. 3. as permitted or required by law (this includes Use to avoid an imminent threat to a person's life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities);
   4. 4. if we believe it necessary to provide you with a service you have requested;
   5. 5. to implement our service;
   6. 6. to protect the rights, property or personal safety of another Brightstar client, any member of the public or Brightstar;
   7. 7. if some or all of the assets and operations of our business are or may be transferred to another party by way of sale of some or all of the business; or
   8. 8. if you have provided your consent to such use or disclosure.

   4. 2.4

      Brightstar also intend to use your name, email address and telephone number to send you Direct Marketing communication about mobile phone and computer products and services provided by Brightstar, our Related Bodies Corporate, or independent third party organisation who are our business partners. We may disclose your Personal Information to our Related Bodies Corporate who provide the same type of products and services as us for direct marketing purposes. Your consent is required before we do so. You may opt out from further Direct Marketing by checking the appropriate box in each Direct Marketing communication or sending us an email or SMS asking to be removed from our Direct Marketing list; You will be given an opportunity to opt out from all further instances of Direct Marketing in each Direct Marketing communication If you opt out of all Direct Marketing the opt out will be respected by Brightstar and all its Related Bodies Corporate and we will no longer use your Personal Information for Direct Marketing.

   5. 2.5	Brightstar will not, if collected, use Sensitive Information for Direct Marketing.

   6. 2.6	Brightstar will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

   7. 2.7

      When you come to a Brightstar website, our server attaches a small text file to your hard drive — a cookie. A “cookie” assigns you a unique identifier so that we can recognise you each time you re-enter the website, so we can recall where you’ve previously been on our site, and which keeps track of the pages you view on the website. Cookies help us deliver a better website experience to our users.

   8. This information collected by using a cookie is sometimes called “clickstream”. We use this information to understand how our users navigate our websites, and to determine common traffic patterns, including what site the user came from. We may use this information to make site navigation and product recommendations, and to help redesign our Site in order to make your experience on our Site more efficient and enjoyable
      
      We may also use this information to better personalize the content, banner ads, and promotions that you and other users will see.
      
      You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those services or engage in activities that require the placement of cookies. Certain aspects of the Site may not function properly if you set your browser to reject all cookies.
6.  
7. 3. Disclosure

   1. 3.1	Brightstar may Disclose Personal Information to related or unrelated third parties if consent has been obtained from you to do so.

   2. 3.2	Brightstar may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.

   3. 3.3

      We also use service providers to help us maximise the quality and efficiency of our services and our business operations. This means individuals and organisations outside of Brightstar, such as mail houses, information technology service providers, website hosts and back-up service providers, will sometimes have access to Personal Information held by Brightstar and may use it on behalf of Brightstar. We ensure that our contracts with our service providers require them to adhere to strict privacy guidelines and to only Use your Personal Information for purposes we have authorised to comply with the Use and Disclosure requirements of the Privacy Act.

   4. 3.4	Brightstar may also disclose your Personal information outside of Hong Kong to our Related Body Corporates and to service providers noted in 3.3 above.

   5. 3.5	Brightstar may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.

   6. 3.6	Brightstar may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.

   7. 3.7	Except for Disclosure for a Primary Purpose or for a related Secondary Purpose or where your consent has been obtained to such Disclosure, Brightstar will not Disclose your Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.7 above.

8.  
9. 4. Data security

   1. 4.1	Brightstar will review, on an ongoing basis, its collection and storage practices to ascertain how improvements to security and protection of Personal Information can be achieved.

   2. 4.2

      Your Personal Information is protected when it comes into our possession regardless of whether it is in electronic or hard copy format, in accordance with the PDPO and industry accepted security standards which are implemented and updated in accordance with the manufacturer's or licensor's recommendations. This includes physical security at our premises and storage electronically on a server which is situated in protected and controlled facilities. Certain information you provide such as financial information, bank account or credit card information, is encrypted via SSL and remains securely encrypted while in Brightstar’s possession, until the moment when it is used to make payment and is then re-encrypted and held securely until it is no longer required for internal or regulatory purposes when it will be destroyed.

   3. 4.3

      You should note that, except in the case of information entered via SSL, information you transmit across public internet or other facilities may not be secure and Brightstar will not be responsible for or liable for any loss you suffer during transmission. Once the Personal Information you have transmitted to us has passed through our firewall or otherwise into our control, it is then that our responsibility to ensure that it is treated in the manner required under this Privacy Policy. If we transfer your Personal Information to another entity, we will only do so in accordance with this Privacy Policy and in a manner that is secure as between Brightstar and that other entity.

   4. 4.4	Brightstar will, to the extent technically practicable, destroy or de-identify Personal Information once it is no longer required by us for Use, within as short a time as is reasonably possible (taking into account any specific requirements of its clients), unless the law requires otherwise.

   5. 4.5

      Brightstar will only allow our employees and contractors access to your Personal Information in order to perform their duties and obligations and we will take all reasonable steps to ensure that those employees and contractors handle your Personal Information in a manner that is consistent with this Privacy Policy and Brightstar's legal responsibilities in relation to privacy.

   6. 4.6

      You should note that whilst our website may link to other websites, those other websites are not under our control and we are not responsible for the conduct of the operator of those websites including how they handle and protect your Personal Information. Before accessing those websites, we recommend you review the terms and conditions of or access to such websites including the relevant privacy policy or provisions.

10.  
11. 5. Complaints or questions

    1. 5.1

       Individuals wishing to make an inquiry or complaint regarding privacy should do so by contacting the Brightstar Privacy Officer, whose contact details appear at the beginning of this document. If you make a complaint or if we become aware of any concern or problems concerning our privacy practices, we will contact you about the issue, investigate the issue, and take all reasonable steps to work with you to resolve that issue.

    2. 5.2	Brightstar websites will contain a prominently displayed privacy statement and will include a copy of this Brightstar Privacy Policy.

12.  
13. 6. Access and correction

    1. 6.1

       You have the right to access and correct records containing your Personal Information in accordance with the PDPO. This will usually take the form of Brightstar providing you with a copy of the information held. Any request for such information should be through the Brightstar Privacy Officer whose contact details are set out at the beginning of this Privacy Policy.

    2. 6.2	A reasonable fee may be charged for providing access however we will advise you of the likely cost in advance and will aim to supply the information within 14 days.

    3. 6.3

       If your Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading, you may contact us by e-mail and we will correct our records containing your Personal Information as soon as practicable unless otherwise authorised by the law. If you would like your Personal Information deleted, please let us know by using the Brightstar Privacy Officer's e-mail address and we will take all reasonable steps to delete unless we need it for legal, auditing or internal record keeping.

14.  
15. 7. Client Information

    1. 7.1	Brightstar may from time to time have access to Personal Information belonging to customers of one of its clients.

    2. 7.2

       Notwithstanding anything else in this policy, Brightstar shall deal with such Personal Information in accordance with the privacy policy of the relevant client (“Client Privacy Policy”) and to the extent that there is any inconsistency between the Client Privacy Policy and this policy the Client Privacy Policy shall prevail.

    3. 7.3

       Brightstar acknowledges that to the extent that Brightstar is aware that any Client Privacy Policy is inconsistent with the Privacy Act that it will seek to address such inconsistency with the client immediately and if such inconsistency is not addressed in a timely manner Brightstar shall cease to have access to the relevant Personal Information for that particular client.

16.  
17. 8. Transferring information overseas

    1. 8.1	Brightstar will take reasonable steps to limit the amount of Personal Information it sends to unrelated parties overseas but may need to disclose your Personal information outside of Hong Kong to our Related Body Corporates and to service providers as noted in 3.3 above.

    2. 8.2

       If Personal Information must be sent by Brightstar outside of Hong Kong, Brightstar will require the overseas organisation receiving the information to provide a binding obligation that it will handle that information in accordance with the Privacy Act and this Privacy Policy, including as part of a services contract.

18.  
19. 9. Glossary

    Brightstar means Brightstar Asia Limited.

    Direct Marketing means the marketing of products or services through means of communication including written, verbal, physical or electronic means. The services which are marketed may be those of Brightstar or a Related Body Corporate or those of an independent third party organisation.

    Disclosure generally means the release of information outside Brightstar, including under a contract to carry out an "outsourced function".

    Health Information means

    1. 1. information or an opinion about:
       1. 1. the health or a disability (at any time) of an individual; or
       2. 2. an individual's expressed wishes about the future provision of health services to him or her; or
       3. 3. a health service provided or to be provided to an individual;
       
       
    2. that is also Personal Information; or
    
    
    1. 2. other Personal Information collected to provide or in providing a health service; or
    2. 3. other Personal Information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.
    
    
20. Personal Information means any personal information:
1. 1. relating directly or indirectly to a living individual;
2. 2. from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and
3. 3. in a form in which access to or processing of the data is practicable.


21. Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.


Reasonable Expectation means a reasonable individual's expectation that their Personal Information might be Used or Disclosed for a particular purpose.
Related Body Corporate means that where a body corporate is:


1. 1. a holding company of another body corporate;
2. 2. a subsidiary of another body corporate; or
3. 3. a subsidiary of a holding company of another body corporate,
   the first mentioned body corporate and the other body corporate are deemed to be related to each other.


22. Sensitive Information means:
    
    
    1. 1. information or an opinion about an individual's:
       1. 1. racial or ethnic origin; or
       2. 2. political opinions; or
       3. 3. membership of a political association; or
       4. 4. religious beliefs or affiliations; or
       5. 5. philosophical beliefs; or
       6. 6. membership of a professional or trade association; or
       7. 7. membership of a trade union; or
       8. 8. sexual preferences or practices; or
       9. 9. criminal record; that is also Personal Information or
       
       
    2. 2. Health Information about an individual.

Use means the handling of Personal Information within Brightstar.