Privacy Policy

PRIVACY POLICY

Effective as of 1 October, 2024.

This Privacy Policy applies to the products, services, website(s)provided, mobile application(s) provided and/or the business conducted, by SkybourneInternational Limited, owner of THE CLOTHIER (“THE CLOTHIER”, "we","our", "us") and explains how we handle Personal Data andcomply with the requirements of Hong Kong SAR’s Personal Data (Privacy)Ordinance ("PDPO"). THE CLOTHIER takes the security and privacy ofthe Personal Data of its customers and users of its website(s) (such as www.the-clothier.com)may be collectively or individually referred to as the “Site” seriously.

This Privacy Policy will assist you in understanding how we collect, use,disclose and/or process the Personal Data you have provided to us or that wepossess about you, as well as to assist you in making an informed decisionbefore providing us with any of your Personal Data. The term “Personal Data”refers to information that is connected to you as an identifiable individual,defined under the PDPO to mean data, whether true or not, about an individualwho can be identified from that data, or from that data and other informationto which an organization has or is likely to have access (“Personal Data”).This may include your name, address, telephone number, email address, date ofbirth, gender, credit card details, Beauty Profile Personal Data (defined below),photographs, personal images, device ID, operating system or version,information about your purchases or preferences, and any other informationcollected by us where you are identified or identifiable.

This Privacy Policy is subject to Hong Kong SAR laws.

1. Collection of Personal Data

1.1 We may collect Personal Data from you through various means,including but not limited to instances when you: · provide your Personal Datathrough our Site for the purpose of registering for and creating an account;apply for a membership or account with our THE CLOTHIER Rewards Program (“THECLOTHIER Rewards), or access your existing Beauty Pass membership through theSite; · participate in a promotion or other website features;

· request for a product or services information or to receive anymarketing, promotional or other types of communications; · provide your ratingsand review of products as a customer; · make purchases through our Site; · makeenquiries or comments through our Customer Department through cs@the-clothier.com.

1.2 In addition to the above, we may use the following technologies(elaborated below) to automatically collect information about your activitieson the App or Site, as the case may be (each a “Mobile Technology”):

· Cookies · Flash Cookies · Web beacons, clear pixels, or pixel tags ·Analytical tags · Web server logs · Geo-location technologies

Do refer to paragraph 9 of this Privacy Policy for more information aboutthese Mobile Technologies and how they operate to collect information aboutyou.

1.3 You have no obligation to provide any of the Personal Data requestedby us. However, depending on circumstances, it may be the case that if you donot provide the requested Personal Data, we may not be able to provide you withcertain products and services, or transact with you, that depend on thecollection, use or disclosure of your Personal Data.

2. Children’s Privacy

2.1 We do not and do not intend to, transact through the Site directlywith anyone we know to be under the age of 18. If you are under the age of 18,you should use the Site only with the involvement of a parent or guardian andshould not submit any Personal Data to us. By providing any Personal Data tous, you declare that you are over the age of 18.

3. Purposes For Collection, Use, Disclosure And Processing Of Personal Data

3.1 THE CLOTHIER will/may collect, use, disclose and/or process yourPersonal Data for one or more of the following purposes or any other directlyrelated purposes:

(a) administering, facilitating, processing and/or dealing in any mattersrelating to your use or access of the Site. Without limiting the generality ofthe foregoing, if you:

(i) gain access to or sign in to the Site, using your login credentialsof a Social Networking Site, or (ii) use any features of a Social NetworkingSite such as its widgets, plug-ins and browser push notifications, madeavailable to you on our Site,

it may result in information or your Personal Data being collected orshared between us and the third party. For example, if you use Facebook’s“Like” feature, Facebook may register the fact that you “liked” a product andmay post that information on Facebook. (“Social Networking Site” refers to anonline or digital platform owned or operated by a third party, that is used bypeople to build social networks or social relations, or to interact, with otherpeople, such as but not limited to Facebook, Instagram). By your proceedingpursuant to (i) or (ii) above, you consent to such collection, use ordisclosure of your Personal Data;

(b) monitoring, processing and/or tracking your use of the Site in orderto provide you with a world class shopping experience, facilitating oradministering your use of the Site, and/or to assist us in improving yourexperience in using the Site;

(c) assessing and processing your request for the purchase of and/orsubscription to our products and/or services;

(d) registering you as a customer of THE CLOTHIER and/or to deal with,process and/or administer the account that you may open with us, including tofacilitate your transactions or activities on the Site, or your transactions oractivities with us;

(e) administering, facilitating, processing and/or dealing with yourrelationship with us, any transactions or activities carried out by you on theSite. This includes processing your application, orders and paymenttransactions; implementing transactions and the supply of products and/orservices to you that you have requested. Without limiting the generality of theforegoing, should you make a purchase to be delivered to a third-partyrecipient, you consent to us disclosing Personal Data that identifies you, tothe said third party recipient (such as but not limited to your name). Further,you acknowledge and agree that delivery of your purchase could involvedisclosure of certain Personal Data about you to bring about delivery of thesame such as your name and contact details, which may be disclosed on the coverof the parcel, on an envelope or a delivery related document, as the case maybe, which could be seen by third parties who view such parcel, envelope or saiddocument;

(f) carrying out your instructions or responding to any enquiry given by(or purported to be given by) you or on your behalf including responding toyour customer service enquiries and complaints; or responding to or dealingwith your interactions with us;

(g) contacting you or communicating with you via phone/voice call, textmessage and/or fax message, email and/or postal mail for the purposes ofadministering and/or managing your use of the Site, your THE CLOTHIER Rewardsmembership and/or account with us, your relationship with us or anytransactions made by you with us. You acknowledge and agree that suchcommunication by us could be by way of the mailing of correspondence, documentsor notices to you, which could involve disclosure of certain Personal Dataabout you to bring about delivery of the same as well as on the external coverof envelopes/mail packages;

(h) providing services to you as our account holder, as our customer, asa member of our loyalty program(s) or when requested by you; dealing with oradministering your participation in contests, gamification, social eventsorganized by us;

(i) sharing or disclosing (at our discretion) your suggestions, comments,feedback or content (including audio, video etc.) (collectively “Feedback”)that you provide through Social Networking Sites, to the Site or to us, withother users of the Site or with the public, for publicity and/or promotionpurposes with a view to marketing or showcasing the business of THE CLOTHIER,and/or to acquiring customers, and/or for the purpose of providing the publicwith your Feedback which may be useful for the public’s purchasing decision orfor the public’s information or otherwise. This includes us disclosing yourname together with your Feedback. Without limiting the generality of theforegoing, in the above regard, your Feedback and name may/will be published orshared by us on public media platforms such as the newspaper, the Internet, inour (including our affiliates’) annual reports (if any) etc., and/orincorporated as part of THE CLOTHIER’s marketing collaterals/materials orcorporate video to be disclosed to the public, and you hereby consent to thesame. Do not provide us with Feedback if you do not wish for such Feedback tobe disclosed to the public. If you wish to give us your Feedback without itbeing disclosed to the public, please separately email our Customer Departmentat cs@the-clothier.com;

(j) carrying out due diligence or other screening activities (includingbackground checks) in accordance with legal or regulatory obligations (whetherHong Kong SAR or foreign country/region) applicable to us or ouraffiliates/associated companies, the requirements or guidelines of governmentalauthorities (whether Hong Kong SAR or foreign country/region) which wedetermine are applicable to us or our affiliates/associated companies, and/orour risk management procedures that may be required by law (whether Hong KongSAR or foreign country/region) or that may have been put in place by us or ouraffiliates/associated companies;

(k) to prevent or investigate any fraud, unlawful activity or omission ormisconduct, whether or not there is any suspicion of the aforementioned;dealing with and/or investigating complaints;

(l) complying with or as required by any applicable law, court order,order of a regulatory body, governmental or regulatory requirements of anyjurisdiction applicable to us or our affiliates/associated companies, includingmeeting the requirements to make disclosure under the requirements of any lawbinding on us or our affiliates/associated companies, and/or for the purposesof any guidelines issued by regulatory or other authorities (whether of HongKong SAR or elsewhere), with which we or our affiliates/associated companiesare expected to comply;

(m) complying with or as required by any request or direction of anygovernmental authority (whether Hong Kong SAR or foreign country/region) whichwe are expected to comply with; or responding to requests for information frompublic agencies, ministries, statutory boards or other similar authorities(including but not limited to Hong Kong SAR Customs and Ministry of Health)(whether Hong Kong SAR or foreign country/region). For the avoidance of doubt,this means that we may/will disclose your Personal Data to such parties upontheir request or direction;

(n) conducting research (including customer research), surveys, marketsurveys, analysis and/or development activities (including but not limited todata analytics, surveys and/or profiling) to improve our services andfacilities, or to improve our understanding of your interests, concerns andpreferences, in order to enhance any continued interaction between yourself andus connected or in relation to the Site, or improve any of our products orservices. Without limiting the generality of the foregoing, we may/will in thisregard send you surveys or request a face to face interview survey, by way ofemail or postal mail;

(o) storing, hosting, backing up (whether for disaster recovery orotherwise) of your Personal Data, whether within or outside Hong Kong SAR;

(p) facilitating, dealing with and/or administering external audit(s) orinternal audit(s) of the business of THE CLOTHIER or that of itsaffiliates/related corporations;

(q) for marketing purpose and in this regard, we would be providing youwith marketing, advertising and promotional information, materials and/ordocuments relating to products, contests, services and/or events(includingthose of third party organizations whom THE CLOTHIER may collaborate with asset out in paragraph 4.1 below) that THE CLOTHIER (including itsaffiliates/related corporations)or such third party organizations set out inparagraph 4.1 below may be selling, marketing, offering, organizing, involvedin or promoting, whether such products, services and/or events exist now or arecreated in the future:

(i) by way of postal mail, electronic transmission to your emailaddress(es), push notifications, other forms of in-app notifications orharnessing other technologies (such as geo-location technology) for all othertechnologies on your computers or mobile devices, and/or through other modes ofcommunication, in compliance with the PDPO. You may opt out of this or withdrawfrom this at any time by sending an email to us.; and/or

(ii) if you have separately expressly consented to one or more of themodes of communication, by way of voice calls, text messages or faxes to yourHong Kong SAR telephone number, in compliance with the requirements of thePDPO.

For the avoidance of doubt, this subparagraph is without prejudice tosubparagraph (o) above for which you have hereby consented to us contacting youfor a survey, which you may subsequently opt out of by sending notice toprivacy@the-clothier.com;

(r) dealing with and/or facilitating a business asset transaction or apotential business asset transaction, where such transaction involves THECLOTHIER as a participant or involves only a related corporation or affiliatedcompany of THE CLOTHIER as a participant or involves THE CLOTHIER and/or anyone or more of THE CLOTHIER’s related corporations or affiliated companies asparticipant(s), and there may be other third party organizations who areparticipants in such transaction. “business asset transaction” means thepurchase, sale, lease, merger or amalgamation or any other acquisition,disposal or financing of an organization or a portion of an organization or ofany of the business or assets of an organization;

(s) to implement and maintain our information technology systems,including to store and process Personal Data in computer databases and serverslocated within and outside Hong Kong SAR;

(u) anonymization of your Personal Data. In this regard, you acknowledgethat Personal Data that has been anonymized to the extent that your identitycould not be practicably revealed directly or indirectly is no longer PersonalData and the requirements of the PDPO would no longer apply to such anonymizeddata. In this connection, we will not attempt to re-identify any individualsfrom anonymized data or to use the information or any individuals even ifre-identification is possible;

(t) record-keeping purposes and producing statistics and research forinternal and/or statutory reporting and/or record-keeping requirements, of THECLOTHIER or of its affiliates/related corporations; and

(u) THE CLOTHIER, THE CLOTHIER Group Companies’ or THE CLOTHIER’s parentcorporation’s reporting purposes including but not limited to reporting on THECLOTHIER’s business performance (“THE CLOTHIER Group Companies” means THECLOTHIER, its affiliates, related corporations and associated companiesglobally);

(the purposes set out in this paragraph 3.1 above shall be collectivelyreferred to as the “Purposes”).

3.2 For the avoidance of doubt, you acknowledge and consent to THECLOTHIER sharing anonymized information such as but not limited to in thefollowing circumstances. For the further avoidance of doubt, the PDPO does notapply to anonymized data that does not identify an individual and the PDPO doesnot provide you with a right to object to an organization handling orprocessing anonymized data:

(a) Aggregate information. We may share anonymized aggregate informationabout our customers with advertisers and marketing partners.

4. Sharing and Disclosure of Personal Information

4.1 THE CLOTHIER may/will need to disclose your Personal Data to thirdparties, whether located within or outside Hong Kong SAR, for one or more ofthe above Purposes, as such third parties, would be processing your PersonalData for one or more of the above Purposes. In this regard, you herebyacknowledge, agree and consent that we are permitted to disclose your PersonalData to such third parties (whether located within or outside Hong Kong SAR)for one or more of the above Purposes and for the said third parties to subsequentlycollect, use, disclose and/or process your Personal Data for one or more of theabove Purposes. Without limiting the generality of the foregoing or ofparagraph 3, such third parties include:

(a) our related corporations and affiliates either in Hong Kong SAR oroverseas including the countries/regions listed in Appendix A to this PrivacyPolicy;

(b) any of our agents, contractors or third-party service providers thatprocess or will be processing your Personal Data on our behalf or otherwise,including but not limited to those which provide administrative or otherservices to us such as logistics companies, information technology companiesand data centers;

(c) our business partners including those in skincare, body care,cosmetics, entertainment, leisure and sports, health and wellness, food andbeverage, telecommunications, media and public relations, informationtechnology, property, banking, financial, transportation, travel and tourismindustries;

(d) any actual or proposed assignee or transferee of the business of THECLOTHIER, or a merged entity in the event THE CLOTHIER is merged to create thesaid merged entity for the same or directly related Purposes; or

(e) any other person to whom such disclosure is required by law orregulatory requirement or pursuant to a court order.

4.2 We will provide our preferred service providers with the informationthey need to perform their services and work with them to respect and protectyour Personal Data. We require our service providers to adhere to strictprivacy guidelines and not to use your Personal Data for unauthorized purposes.

4.3 Where your Personal Data is to be transferred out of Hong Kong SAR,we will comply with the PDPO in doing so.

5. Provision Of Third Party Personal Data By You

5.1 To the extent permitted under the applicable laws, should you provideTHE CLOTHIER with Personal Data of individual(s) other than yourself, yourepresent and warrant to THE CLOTHIER and you hereby confirm that :

(a) prior to disclosing such Personal Data to us, you would have notifiedall the terms and conditions of this Privacy Notice to, and had obtainedconsent from the individuals whose Personal Data are being disclosed to us, to:

(i) permit you to disclose the individuals’ Personal Data to THE CLOTHIERfor the Purposes; and

(ii) permit THE CLOTHIER to collect, use, disclose and/or process theindividuals’ Personal Data for the Purposes, as set out in paragraph 3 above;

(b) any Personal Data of individuals that you disclose to us is accurate;and

(c) you are validly acting on behalf of such individuals and that youhave the authority of such individuals to provide their Personal Data to THECLOTHIER and for THE CLOTHIER to collect, use, disclose and process suchPersonal Data for the Purposes.

6. Request For Access And/ Or Correction Of Personal Data

6.1 You may request to access and/or correct your Personal Data currentlyin our possession or control by submitting a written request to us. We willneed enough information from you in order to ascertain your identity as well asthe nature of your request, or to deal with your request. Please submit yourwritten request to privacy@the-clothier.com.

6.2 For a request to access Personal Data, once we have sufficientinformation from you to deal with the request, we will seek to provide you withthe relevant Personal Data within 30 days. Where we are unable to respond toyou within the said 30 days, we will notify you of the soonest possible timewithin which we can provide you with the information requested[, and in anyevent within 40 days after receiving your data access request (a) inform you inwriting that (i) we are unable to comply with your data access request with thereasons, and (ii) comply with your data access request to the extent, if any,that we are able to comply with the same; and (b) as soon as practicable afterthe expiration of the said 40 day period, fully comply with your data accessrequest]. The PDPO exempts certain types of Personal Data from being subject toyour access request.

For a request to correct Personal Data, once we have sufficientinformation from you to deal with the request, we will deal with your requestin compliance with the PDPO, including correct your Personal Data within 30days. Where we are unable to do so within the said 30 days, we will notify youof the soonest practicable time within which we can make the correction[, andin any event within 40 days after receiving your data correction request (a)inform you in writing that (i) we are unable to comply with your datacorrection request with the reasons, and (ii) comply with your data correctionrequest to the extent, if any, that we are able to comply with the same; and(b) as soon as practicable after the expiration of the said 40 day period,fully comply with your data correction request]. Note that the PDPO exemptscertain types of Personal Data from being subject to your correction request aswell as provides for situation(s) when correction need not be made by usdespite your request.

6.3 We may also charge you a reasonable fee for the handling andprocessing of your requests to access your Personal Data. If so, we willprovide you with a written estimate of the fee. Please note that we are notrequired to respond to or deal with your access request unless you have agreedto pay the fee.

7. Request To Withdraw Consent

7.1 You may withdraw your consent for the collection, use and/ordisclosure of your Personal Data in our possession or under our control bysubmitting your request to privacy@the-clothier.com.

7.2 We will process your request within a reasonable time from such arequest for withdrawal of consent being made, and will subsequently notcollect, use and/or disclose your Personal Data in the manner stated in yourrequest, unless the law or the PDPO allows us to.

7.3 However, your withdrawal of consent could result in certain legalconsequences arising from such withdrawal. In this regard, depending on theextent of your withdrawal of consent for us to process your Personal Data, itmay mean that we may not be able to fulfill the transaction you have enteredinto with us or continue with your relationship with us, or send youinformation that you have requested, as examples depending on thecircumstances.

8. Protecting and Managing Your Personal Data

8.1 We will endeavor to take all reasonable steps to ensure your PersonalData is kept confidential and secure, and to take appropriate technical andorganizational measures to prevent unlawful or accidental destruction,accidental loss, unauthorized disclosure or access or other unlawful forms ofprocessing. We will not rent, trade, distribute or sell any Personal Data thatyou give us to any third party unless we receive your prior consent orapplicable law permits the same.

8.2 We will put in place reasonable security arrangements to ensure thatyour Personal Data is adequately protected and secured. Appropriate securityarrangements will be taken to prevent any unauthorized access, collection, use,disclosure, copying, modification, leakage, loss, damage and/or alteration ofyour Personal Data. However, we cannot assume responsibility for anyunauthorized use of your Personal Data by third parties which are whollyattributable to factors beyond our control.

8.3 We will take reasonable efforts to ensure that your Personal Data isaccurate and complete, if your Personal Data is likely to be used by us to makea decision that affects you, or disclosed to another organization. However,this means that you must also update us of any changes in your Personal Datathat you had initially provided us with. We will not be responsible for relyingon inaccurate or incomplete Personal Data arising from you not updating us ofany changes in your Personal Data that you had initially provided us with.

8.4 We will also put in place measures such that your Personal Data inour possession or under our control is destroyed and/or anonymized as soon asit is reasonable to assume that (i) the purpose for which that Personal Datawas collected is no longer being served by the retention of such Personal Data;and (ii) retention is no longer necessary for any other legal or businesspurposes directly related to the Purposes.

9. Cookies and Mobile Technology

9.1 Cookies. For users of the Site, please note that THE CLOTHIER maydeposit “cookies” in your computer or your mobile device in order to identifyyou. Cookies are small data text files that are sent from a server computerduring a browsing session. Cookies are typically stored on the computer’s harddrive and are used by web-sites to simulate a continuous connection to thesite. Security measures have been employed to prevent unauthorized access tovisitor data. However, visitors acknowledge that THE CLOTHIER does not controlthe transfer of data over telecommunication facilities including the Internet.Therefore, to the extent permitted by law, THE CLOTHIER will not be responsiblefor any breach of security or the unauthorized disclosure or use of any suchdata on the Internet, through no fault of THE CLOTHIER. Not all cookies collectPersonal Data and you may configure your browser to reject cookies. However,this may mean you may not be able to take full advantage of the services orfeatures on the Site. Where the data collected by such cookies constitute yourPersonal Data, such Personal Data is being collected, used or disclosed for oneor more of the Purposes. By continuing to use the Site, you are agreeing to theuse of cookies on the Site. However, please note that we have no control overthe cookies used by third parties.

9.2 Flash Cookies. "Flash Cookies" (also called Local SharedObjects or "LSOs") are data files similar to cookies, except thatthey can store more complex data. Flash Cookies are used to remember settings,preferences, and usage, particularly for video, interactive gaming, and othersimilar services.

9.3 Web Beacons. Web beacons are small graphic images on a web page or inan e-mail that can be used for such things as recording the pages andadvertisements clicked on by users, or tracking the performance of e-mailmarketing campaigns.

9.4 Analytics Tags. We use analytical tags to analyze what our clientslike to do and the effectiveness of our features and advertising. They can alsohelp us customize your browsing and shopping experience. We may use informationcollected through analytical tags or tracked links in combination with yourPersonal Data. We may also combine Personal Data you provide to us with otherPersonal Data (such as purchase history and demographic information). We oftenwork with other companies to help us track, collect and analyze thisinformation but they are prohibited from using this information for any otherpurpose.

9.5 Web Server Logs. Web server logs are records of activity created bythe mobile device or computer that delivers the webpages you request to yourbrowser. For example, a web server log may record the search term you enteredor the link you clicked to bring you the webpage. The Web server log also mayrecord information about your browser, such as your IP address and the cookiesset on your browser by the server.

9.6 Geo-Location Technologies. Geo-location technology refers totechnologies that permit us to determine your country/region. We may ask you tomanually provide country/region information (like your postal code), or toenable your mobile device to send us precise country/region information.

10. Registration Information

Our Site contains areas where you can submit information to us (such asour registration service), and we also have features (such as cookies andperformance tracking technology) that automatically collect information fromthe visitors to our Site. During the registration process, you must provide uswith a password, your name, address and a valid email address, etc. It is yourresponsibility to keep your password strictly confidential.

11. Changes to this Privacy Policy

Our privacy practices will be continuously assessed against newtechnologies, business practices and our customers’ needs. As we update anddiversify our services, our Privacy Policy may evolve. THE CLOTHIER reservesthe right to change its Privacy Policy at any time and notify you by posting anupdated version of the policy on the Site. Please check the Site or send yourrequest by email to privacy@the-clothier.com. if you would like to receive thelatest updated Privacy Policy.

12. Problems, queries or complaints

12.1 If you have any queries relating to our Privacy Policy, or if youwish to request for access to or correction of your Personal Data or towithdraw your consent, please contact or send your request by email to privacy@the-clothier.com.

12.2 You may also contact us at the details above if you have a complaintabout how we have handled your Personal Data. We will investigate yourcomplaint and will use reasonable endeavors to respond to you in writing assoon as possible.

12.3 You have the right to request the deletion of your personal data onour site along with its Apps. To initiate this request, send an email toprivacy@the-clothier.com. We will verify the user's identity and proceed withthe deletion process in accordance with applicable data protection laws andregulations.

13. General

13.1 Your consent that is given pursuant to this Privacy Policy isadditional to and does not supersede any other consents that you provided to THECLOTHIER with regard to processing of your Personal Data.

13.2 For the avoidance of doubt, in the event that Hong Kong SAR PersonalData protection law or any other applicable laws permits an organization suchas us to collect, use or disclose your Personal Data without your consent, suchpermission granted by the law shall continue to apply.