Ico

handy DEVICE TERMS & CONDITIONS AND PRIVACY POLICY

Last updated September 24, 2018

Thank you for using handy Services! Below you will find The Basics, a plain-language summary introducing the updated Terms & Conditions and Privacy Policy. The full policy is binding in any legal matter and can be read here.

THE BASICS

handy DEVICE TERMS & CONDITIONS

handy DEVICE PRIVACY POLICY

THE BASICS

What is handy?

handy is a device developed by Tink Labs Ltd, a company headquartered in Hong Kong SAR. This complimentary guest amenity delivers hassle-free travel with FREE features — internet, local & international calls, curated travel guides, special promotions, speed dial to guest services, and data erasure for travelers staying at our hotel partners. Find out more about our products and services here:

https://www.handy.travel/en/products/smartphone

What Information Do We Collect About You & Why?

We collect two general categories of information about you:

Information you may provide to us, e.g. your name or email address;

Information collected automatically throughout the use of our services, e.g. your location, call log, or web-browsing history.

Such data is collected by us in order to:

Enable certain functions on our device, e.g. accessing social media platforms or making on-device purchases;

Learn more about your preferences to make your stay more enjoyable, e.g. tailored recommendations you may be interested in e.g. restaurants or spa offers;

Help develop communities and continually improve our services for guests, e.g. by studying location data to help improve local transportation links and infrastructure.

How We Manage Your Information

Tink Labs will not share your personal data with third parties, except under exceptional circumstances where:

Data may be shared with local governments if required by law;

Certain features such as signing onto social media platforms or making purchases on the device will require your data such as email addresses to be shared to those particular third parties; or

Data will be shared with our trusted partners that help us run this service, specifically hosting providers, technical support, payment processing providers, content delivery, advertising, and analytical partners.

By agreeing to the new handy DEVICE PRIVACY POLICY and handy DEVICE TERMS & CONDITIONS, you will be providing consent to store data in our storage locations outside of the EU. Information is solely retained for analytical and communications purposes, and the delivery of Tink Labs’ products & services only.

handy DEVICE TERMS & CONDITIONS

These Terms and Conditions (of which the Privacy Policy forms part of) form the agreement between the Company, the Hotel or Serviced Apartment and the User of the Services. By becoming a user of the Services, the User agrees to these Terms and Conditions, which the Company may change from time to time. If the User continues to use the Services, the User is deemed to have agreed to any changes to these Terms and Conditions. If the User chooses not to agree with any of these Terms and Conditions, the User may not use the Services.

1. Definitions

In these Terms and Conditions:

“Account” means the voluntary sign up of a handy Membership Account.

"Agreement" means these handy DEVICE TERMS & CONDITIONS, the Registration Form, any Value Added Service (VAS) terms and conditions and any other supplemental or similar agreement entered into by the Hotel or Serviced Apartment, the User and the Company relating to the provision of the Services.

"Calendar Day" means a day reckoned from midnight to midnight of the following day.

"Company" means Tink Labs (International) Limited, Tink Labs Europe Limited, Tink Labs (Singapore) Pte Limited, Tink Labs LLC, Tink Labs GmbH, Tink Labs Limited Taiwan Branch (香港商廷客有限公司台灣分公司), 深圳商廷客科技有限公司 and Handy (Macao) Limited.

"Contract Period" for a Service means the minimum fixed term for a Service set out or referred to in the Registration Form for the Service, and in any event, such period shall not be longer than the agreed room rental period that the User has with the Hotel or Serviced Apartment.

“Data” means collectively all information that the User provides or is collected through the handy service.

"handy Device" means a mobile phone or any other mobile device (including the SIM card and any accessories, i.e. one charging cable, one protective cover, and one docking station) as specified in the Registration Form and rented from or provided by the Company or any dealer or distributor authorized by the Company.

“handy’s Service” is any service provided by or through the handy Device, or by the Company through any other platforms or means, unless expressly excluded by their own terms and conditions.

"Hotel" means the hotel which the User is currently occupying a room at where the handy Device is made available for use.

"Messages" means email, image or data transmission, other messages or communications, in whatever medium or context.

"Mobile Data" means any data or information transmitted to or received from the Network and/or roaming partner network for data services.

"Network" means the telecommunications network(s) provided or procured by the Company and/or its network provider(s).

"Registration Form" means the registration form (if any) overleaf, attached or above, or any other paper or electronic application mechanism.

"Service" or "Services" means the mobile phone rental services and other mobile services that the User applies for or any other services which are supplied to the User from time to time provided pursuant to this Agreement or procured by the Company, the Hotel or Serviced Apartment or any dealer authorized by the Company.

"Service Charges" means all charges relating to the provision of the handy Device and/or Services by the Company and the Hotel or Serviced Apartment to the User including the use of the handy Device, voice airtime, data usage, roaming, content, and any other charge or fee (including amounts billed by the Company for and on behalf of a third party) as may be specified by the Company and the Hotel or Serviced Apartment on the Registration Form and from time to time on the Company's website or via any other communication on a daily basis.

"Serviced Apartment" means the Serviced Apartment which the User is currently occupying a room at where the handy Device is made available for use.

"SIM Card" means a subscriber identity module card.

"VAS" or "Value Added Service" means a value-added service as offered by the Company, the Hotel or Serviced Apartment from time to time on such additional terms and conditions as may be specified by the Company and the Hotel or Serviced Apartment.

"User" means the name of any occupier(s) of a room in the Hotel or Serviced Apartment during the Contract Period and named in the Registration Form for the Service, or a person identified by the Hotel or Serviced Apartment who is eligible to use the handy Device within the Contract Period.

2. Application for Services

By accepting this Agreement and subject to the eligibility requirements in Clause 10.1, the User is applying for the Services.

3. Provision of Services

3.1 The Company agrees to provide Services to the User through the Hotel or Serviced Apartment and the User agrees to subscribe to the Services in accordance with the terms and conditions herein contained during the Contract Period and the Company, through the Hotel or Serviced Apartment, shall:

(a) deliver the handy Device to the User in the room;

(b) provide instructions on the use of the handy Device;

(d) grant the User the right to use a SIM Card on a free-of-charge basis during the Contract Period. The title to the SIM Card will at all times remain vested in the Company;

(e) subject to the Company's fair usage policy referred to in Clauses 8.1 and 9.7, provide to the User free local voice call service and mobile Internet 3G connectivity service within the host country, and free international direct dialing service ("IDD Service") from the host country to destination countries or places ("IDD Countries") as provided on the handy Device and as updated by the Company from time to time; and

(f) upon successful application made by the User, provide such available VAS to the User from time to time. The User shall abide by such additional terms and conditions in relation to VAS promulgated by the Company from time to time.

3.2 The Company, through the Hotel or Serviced Apartment, may from time to time offer and make available to the User additional and/or alternative service(s) than those hereby provided and apply any additional fees or charges to the provision of such additional and/or alternative service(s) as they deem fit. The Company, through the Hotel or Serviced Apartment, reserves the right to make the final decision on activating, suspending or canceling such additional and/or alternative service(s).

3.3 The Company, through the Hotel or Serviced Apartment, shall use their best endeavors to provide the IDD Service to the User, but do not guarantee or undertake all phone numbers to be accessible in the IDD Countries.

4. handy Device Usage

4.1 The handy Device will at all times remain the property of the Company. The User is allowed to take the handy Device outside the Hotel or Serviced Apartment room but shall be responsible for returning the handy Device in good working order at the time of check-out from the Hotel or Serviced Apartment upon expiration of the Contract Period, termination of the Agreement or upon the Hotel or Serviced Apartment request.

4.2 The User will use the handy Device in a lawful, careful and proper manner and in accordance with these Terms and Conditions and the instructions and in no other manner.

4.3 The User is fully responsible for all transactions and services made by, through or from using the handy Device.

4.4 The User agrees to the following terms:

(a) the User will apply for and use the Service using only accurate and truthful information about himself or herself;

(b) the handy Device is for reasonable use only and not for any activity or purpose which is in contravention of any applicable laws;

(d) the User will not affect any repairs or modifications to the handy Device ;

(e) the User will not remove or interfere with any certification markers affixed to the handy Device;

(f) the User will not modify, adapt, disassemble, deface, add to or otherwise tamper with the handy Device ;

(g) the User will not sublet or allow the use of the handy Device by any third party; and

(h) the User will not attempt to dispose of the handy Device or to grant any interest in the handy Device to any third party.

4.5 The User shall surrender the handy Device to the Hotel or Serviced Apartment forthwith upon checkout from the Hotel or Serviced Apartment, expiration of the Contract Period, termination of the Agreement or upon the Hotel or Serviced Apartment request. In the event that the handy Device is damaged or lost for whatsoever reason or if the User fails to surrender the handy Device upon checkout from the Hotel or Serviced Apartment on demand within three Calendar Days of such demand, the User shall keep the Hotel or Serviced Apartment fully indemnified against all costs, damages, charges, expenses or claims in connection with the loss or damage of the handy Device.

4.6 In the event of any loss, damage, theft or disappearance of the handy Device while on rental, regardless of circumstances, the User shall pay to the Hotel or Serviced Apartment on demand, an amount equivalent to the value of the handy Device in accordance with a device replacement and repair price list provided by the Hotel or Serviced Apartment. In the event that the handy Device is stolen or lost, the User is liable for all Service Charges arising from the use of such handy Device before and after such incident. The method of payment will be based on the full discretion of the Hotel or Serviced Apartment.

5. Repairs

5.1 If the handy Device is not in working order when received by the User or subsequently malfunctions, the User should immediately notify either the Company or the Hotel or Serviced Apartment.

5.2 The Company will repair or replace the handy Device as soon as reasonably practicable after it has been notified of the problem by the User and, provided the User is not in breach of the Agreement, the Company through the Hotel or Serviced Apartment will provide the User with the same or similar equipment (which shall constitute a handy Device for purposes of this Agreement) as soon as reasonably practicable for a period equivalent to the part of the rental period expired when the malfunction occurred.

6. VAS

6.1 The Company, the Hotel or Serviced Apartment may make VAS available to the User, provided the User:

(a) satisfies the eligibility requirements for the VAS (if any) specified by the Company and the Hotel or Serviced Apartment from time to time; and

(b) follows the instructions given by the Company and the Hotel or Serviced Apartment.

6.2 The rules, terms and conditions and eligibility requirements may vary according to the particular VAS and will be available from the Company, the Hotel or Serviced Apartment from time to time.

7. Usage Entitlement

7.1 There will be no daily service charge for usage of the handy Device. The User will only be entitled to use the Service in parallel with the agreed room rental period from the Hotel or Serviced Apartment or the Contract Period.

8. Termination

8.1 Without prejudice to other provisions contained in the Agreement, the Company or the Hotel or Serviced Apartment may terminate the Agreement or disconnect or restrict the Services (for example, switching off hotspot and/or reducing transmission speeds) or any part thereof at any time without notice upon the occurrence of any of the following events:

(a) the User commits a breach of any of the terms and conditions contained herein;

(b) the Company or the Hotel or Serviced Apartment has reason to believe that the User or any authorized or unauthorized users have used the handy Device for any illegal or improper purposes;

(c) the User tampers with or copies or allows any other persons to tamper with or copy the information recorded onto the SIM Card; or

(d) unusual usage or possible fraudulent activities are detected on the Network within the meaning of the Company's fair usage policy.

8.2 The Company shall have the right to re-assign the mobile telephone number allocated under Clause 3.1(c) to another User after the termination of the Agreement.

9. Liability

9.1 The Company and the Hotel or Serviced Apartment warrant that the handy Device will be in working order when it is delivered to the User but cannot be responsible for the performance of the handy Device or the operation of the Networks to which it is connected, it being acknowledged by the User that Services may be temporarily interrupted (including dropped calls), delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure. The Company and the Hotel or Serviced Apartment shall not be held liable for any claim in connection with product liability, which is due to the default, neglect or omission of the manufacturer. Product liability shall rest with the manufacturer solely in any event.

9.2 The Company and the Hotel or Serviced Apartment make no other warranties, guarantees or representations, either express or implied, regarding any matter, including without limitation, the merchantability, accuracy, reliability, and condition or fitness for a particular purpose of the handy device or the services furnished under this agreement.

9.3 Subject to Clause 5 the User shall be solely responsible for and shall indemnify and hold harmless the Company and the Hotel or Serviced Apartment against all claims, demands and liabilities arising as a result of the lease, possession, use, condition, operation or misuse of the handy Device or the Services provided hereunder whether in breach of Clause 4 or otherwise arising howsoever.

9.4 Upon check-out from the Hotel or Serviced Apartment, all Personal Data, files, applications and other information the User may have stored, whether intentionally or unintentionally, on the handy Device (including any external memory card the User may have inserted into the handy Device) will be completely erased to protect the User's privacy. The Company and the Hotel or Serviced Apartment will in no event be responsible nor shall the user make any claim against the company and/or the hotel or serviced apartment for any loss or damage of any kind (including corrupted or lost data) arising out of or in connection with the user's use of the handy device.

9.5 The Company and the Hotel or Serviced Apartment will in no event be responsible nor shall the user make any claim against the company and/or the hotel or serviced apartment for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether special, incidental, direct, indirect or consequential caused by the handy device or the failure of the handy device to operate correctly or at all or delay, faultiness (such as degradation of service) or failure of the services.

9.6 Any third party advertisers or merchants offering goods or services via the handy Device are separate businesses from the Company and the Hotel or Serviced Apartment. To the maximum extent permitted by law, the Company and the Hotel or Serviced Apartment disclaim all liability in respect of any loss or damage howsoever caused that may be sustained in connection with such goods or services.

9.7 In accordance with the Company's fair usage policy, the Company and the Hotel or Serviced Apartment reserves the right to deactivate the handy Device or disconnect or restrict the Services (for example, switching off hotspot and/or reducing transmission speeds) at any time and without notice to the User, in the event that unusual usage or possible fraudulent activities are detected on the Network, and the Company and the Hotel or Serviced Apartments shall have no liability whatsoever to the User for such deactivation, disconnection or restriction.

10. General

10.1 Eligibility. You must be at least 16 years or such greater age required in your country to apply for and use the Services in addition to being of the minimum required age to use the Services under applicable law. If you are not old enough to have authority to agree to these Terms and Conditions in your country, your parent or guardian must agree to these Terms and Conditions on your behalf. By creating an account and using the Service, you represent and warrant that you can enter into a binding contract with the Company.

10.2 The Agreement constitutes the entire understanding between the parties relating to this subject matter. Any representations and promises oral or written are hereby withdrawn and revoked.

10.3 The Company may assign the whole or any part of the Agreement to any other party or parties at any time. The User shall not assign the rights and obligations of the Agreement to any other party without the consent of the Company.

10.4 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.

10.5 No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.

10.6 The Company and the Hotel or Serviced Apartment are not liable for any breach or lack of privacy which may be experienced with regard to the Services.

10.7 If any clause or part of any clause is held by law to be invalid or unenforceable, that clause or part of a clause is to be regarded as having been deleted from this Agreement and this Agreement otherwise remains in full force and effect.

10.8 In case of any disputes, the decision of the Company shall be final. Should there be any discrepancies between the country's version chosen by the User and the English version of this Agreement, the English version shall prevail.

10.10 Except Users residing in jurisdictions where the applicable law so prohibits, the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by Hong Kong International Arbitration Centre. The number of arbitrators shall be three. The seat, or legal place, of arbitration, shall be Hong Kong. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Hong Kong.

By using the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to the small claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral Arbitrator, not a Judge or Jury. You are entitled to a fair hearing before the Arbitrator. The Arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than court trials and other judicial proceedings. Decisions by the Arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceedings to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the courts located in Hong Kong. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement and any dispute between you and the Company shall be governed by the laws of Hong Kong.

For the Users residing in jurisdictions where this arbitration agreement is prohibited by applicable law, the laws of Hong Kong will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the courts in Hong Kong, and you and the Company consent to personal jurisdiction in those courts.

10.11 The Company has the right to amend or update these Terms and Conditions. The Company will notify you and give you the opportunity to review the revised Terms and Conditions before continuing to use the Services. Once any updated Terms and Conditions are in effect, you will be bound by them if you continue to use the Services

handy DEVICE PRIVACY POLICY

This Privacy Policy outlines the data protection policy of handy Device Users developed by Tink Labs Ltd. Tink Labs Ltd. takes the privacy of Users’ information very seriously. This Privacy Policy applies to our use of any and all Data collected by us or provided by the Users in relation to the use of handy’s Service(s). Please read this Privacy Policy carefully.

This Privacy Policy shares in totality the definition of terms as included in the Terms and Conditions above. In this Privacy Policy, unless the context requires a different interpretation:

The singular includes the plural and vice-versa;

Mentions of sub-clauses, clauses, schedules or appendices refer to the sub-clauses, clauses, schedules or appendices of this Privacy Policy;

A reference to a person includes firms, companies, government entities, trusts, and partnerships;

“Including” is understood to mean “including without limitation”;

Reference to any statutory provision includes any modification or amendment of it; and

The headings and subheadings do not form part of this Privacy Policy.

The mention of “Tink Labs,” “we,” “us,” or “our,” refers to all entities defined by the “Company” under the Terms & Conditions that is responsible for your information under this Privacy Policy (“Data Controller”).

1. Privacy Policy Terms

This Privacy Policy applies only to the actions of the Company and Users with respect to handy Device(s) and handy’s Service(s).

2. Data Collection

We collect the following Data, which includes personal Data, from the Users:

Device information. Your unique identifiers (Device ID that’s unique to your Device and Device User ID that is unique to you per session), IP address, and Wi-Fi address.

Geo-location information. Your GPS location, IP address, and Wi-Fi address.

Your interaction with advertisements, such as information about whether an advertisement was clicked or viewed by you;

Your communication history, including your chat record, phone call logs, and browsing and viewing history;

Your hotel/serviced apartment accommodation details, which includes your check in and check out dates, and your hotel/serviced apartment room number;

Your eCommerce transaction record, which includes your name, the last 4 digits of your credit card number and the expiry date of your credit card;

Information that you input if you choose to join a handy Membership Account, which, depending on what you choose to input, may include your first name, last name, email address, date of birth, and/or Facebook information you choose to share;

Your surveys and Tripadvisor reviews; and

Your language preferences.

The User is under no statutory or contractual obligation to provide any Data to us. Failure to provide any such Data may, however, lead to the inability to use our products/services.

3. Data Uses

Tink Labs is the “Data User”.

Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, a User’s Data will not be disclosed to third parties. This does not include our affiliates and/or other companies within our group.

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our handy Services. Specifically, Data may be used by us for the following reasons:

Ensure all technical functionality of our products/services and the analyses of the usage of the Services are made available for usage, for example, reminding a User of their check out dates;

Improvement of our products/services, for example, using transaction records to determine the type of products best catered to a User;

Promote and enable our products/services, either within or outside the handy Device, for example, using the optionally provided email to send a User more information about where to locate another accommodation that provides a handy Device;

Personalization and localization of our products/services, for example, using your language preference to display the Services in the appropriate language;

Ensure that the User receives features, information, advertising or other content which is influenced by their location, for example, using your location data to send geographically appropriate ads;

Process any authorized payments, we send eCommerce transaction histories to vendors to verify the legitimacy of the transaction;

Prevent or detect fraud while accessing Third Party Systems or making payments for items purchased;

Marketing and promotional purposes via emails, notifications, or other messages;

Market research purposes via email;

Web analytical purposes, like tracking views of ads to see what type of ad are the most popular on what demographic; or

Internal record-keeping.

The Company does not utilize automated decision-making in any of its processes. Should this change, the Company shall always provide an opt-out capability.

Data may be shared with our advertising and analytical partners to help us operate, provide, improve, understand, customize, support and market our products/services. We may also share the Data with Third Party Applications as described in Clause 14 below. Information shared with our advertising and analytical partners or any Third Party Applications is required in accordance with our instructions and terms set out in this Privacy Policy.

4. Opt-Out Capability

Users subscribed to our marketing emails may opt out of receiving these communications by clicking on the “unsubscribe” link at the bottom of our marketing newsletters.

If you have any concerns regarding consent withdrawal or questions regarding our use of Personal Information or the provision of any Data, please contact our Data Protection Officer at privacy@tinklabs.com.

5. Third Party Services

Tink Labs Ltd. may, from time to time, employ the services of other parties, including Company business partners, analytical partners, marketers, advertisers, technical contractors, financial service providers (credit reference agencies), search information providers, and publicly available sources.

The providers of such services do not have access to sensitive personal data provided by Users of handy Device(s) or Service(s). Where you have provided consent, Third Party Applications, such as Social Profiles enabled by a User, requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this Privacy Policy. Other examples include hosting data, engaging technical support for our Services, processing payments, delivering content, and analyzing data. Such information is used for reporting and statistical analysis as required by the Company for better service enhancements.

All User data is wiped from the device after a guest’s stay.

Not including affiliates and/or other companies within our group, Tink Labs Ltd. will only disclose data to third parties, subject to any third party disclosures specifically set out in this Privacy Policy, or if obliged or permitted to do so by law.

6. Links to Other handy Services

handy Services may, from time to time, provide links to other website services. We have no control over such website services and are not responsible for the content of these services. This Privacy Policy does not extend to your use of such other services. The User is advised to read the Privacy Policy or statement of other services prior to using them.

7. Legal Basis for Processing Data

Our processing (i.e. use) of your Data is justified on the following legal bases:

The processing is necessary to perform a contract with you or take steps to enter into a contract at your request;

The processing is necessary for us to comply with a relevant legal obligation;

The processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities and provide innovative, relevant, safe and profitable products/services to our users and partners; ensuring the safety of the Services and our Websites; for our marketing activities; or

You have consented to the processing.

8. Data Protection Rights

The following data protection rights are available to the User in respect of your Data, subject to applicable laws:

To obtain a copy of your Data together with information about how and on what basis that Data is processed;

To rectify inaccurate Data (including the right to have incomplete Data completed);

To erase your Data (in limited circumstances, such as where it is no longer necessary in relation to the purposes for which it was collected or processed.) The right is not absolute and only applies in certain circumstances;

To restrict the processing of our Data under certain circumstances;

To port your Data in a machine-readable format to a third party (or to you when we justify our processing on the basis of your consent or the performance of a contract with you);

To withdraw your consent to our processing of your Data (where that processing is based on your consent); and

To obtain, or see a copy of the appropriate safeguards under which your Data is transferred to a third country or international organization.

In addition to the above rights, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your Data for which we have justified on the basis of a legitimate interest, including profiling (as opposed to your consent) or to perform a contract with you. You also have the right to object at any time to any processing of your Data or direct marketing purposes, including profiling for marketing purposes.

You also have the right to lodge a complaint with your local supervisory authority (as defined under the General Data Protection Regulations (2016/679) for data protection.

All requests received from Users wishing to exercise your data protection rights in accordance with applicable data protection laws will be taken into consideration. Personal identification is required to process personal information.

9. Retention of Data

Except as otherwise provided herein and subject to applicable laws which may require us to retain Data for a specified period, we delete the Data as and when they are no longer required or relevant to pursue the purposes they are collected for, or where your consent is required, as and when you withdraw your consent.

10. Transfer of Data

By agreeing to the new handy DEVICE TERMS & CONDITIONS AND PRIVACY POLICY, you consent to your data being transferred to our storage and processing locations outside of the EU, i.e. to Hong Kong for analytical processing and marketing purposes and Singapore for main storage processing, where there are no local supervisory authorities as defined under the General Data Protection Regulations (2016/679), and where your data will be used solely for operational, analytical and communication purposes to facilitate delivery of Tink Labs’ products & services. You can withdraw your consent by contacting our Data Protection Officer at privacy@tinklabs.com.

11. Safety and Law Compliance

The Company collects, uses, preserves, and shares your Data if it believes in good faith and it is reasonably necessary to (a) respond pursuant to applicable law or regulations, legal processes, or government requests; (b) enforce our Terms & Conditions or any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users or others, including to prevent death or imminent bodily harm.

12. Security

Data security is of great importance to the Company and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via handy Service(s).

If password access is required for a certain part of handy’s Service(s), you are responsible for keeping this password confidential.

We endeavor to do our best to protect your Personal Data. However, secure transmission of information over the internet is done at your own risk.

13. Location Data

The handy Device’s GPS function is switched on by default. A User’s generic location, which is derived from an IP Address, GPS Location or Wi-Fi Indoor location enables the Company to locate a handy Device in the event of theft or loss, and to provide you with generic helpful information based on where you are. By your consent to tell us where you are during particular time periods of the day (i.e. by allowing your handy Device to send us your location), we may use that information to provide you with location-based information such as addresses of and directions to nearby tourist attractions, shops and/or restaurants.

14. Merchant Data

When the User makes a purchase using the handy platform, a copy of the transaction receipt containing the User’s Personal Data (e.g. name, the last 4 digits of their credit card number and its expiry date) will be provided to that merchant for verification purposes.

The User may also consent to receive marketing communications from the merchant at which the User has made a purchase. The Company and the Hotel or Serviced Apartment play no role in the content, frequency, timing or unsubscribing process of any merchant’s marketing communications. If the User would like to unsubscribe from a merchant’s marketing communications, please contact the appropriate merchant directly. The merchants on the handy platform are separate businesses from the Company and the Hotel or Serviced Apartment. While the Company and the Hotel or Serviced Apartment encourages them to comply with data protection requirements, the Company and the Hotel or Serviced Apartment will not be responsible if these merchants fail to comply with respect to the User’s information. Any complaints or inquiries regarding use of the User’s information by a merchant of the Company, or marketing communications from a merchant of the Company, should be addressed directly to the merchant in question.

15. Usage of User Data

The Company will never sell, lease or otherwise distribute any of the User’s Personal Data (including but not limited to the User’s name, telephone number, email address or any other identifiable information about the User) to any third party without the User’s prior expressed written consent.

16. Disposal of Data

Unnecessary data will be destroyed on a periodic basis. In addition, the Company will take practical steps to ensure that the Personal Data is erased and cannot be retrieved after disposal.

17. General

If any court or competent authority finds that any provision of this Privacy Policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Except Users residing in jurisdictions where the applicable law so prohibits, the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the Hong Kong International Arbitration Centre. The number of arbitrators shall be three. The seat, or legal place, of arbitration, shall be Hong Kong. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Hong Kong. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small claims court of competent jurisdiction. In any occasion, whether you select arbitration or a claim through the small claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration or other representative action or proceeding.

By using the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to the small claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral Arbitrator, not a Judge or Jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than court trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceedings to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the courts located in Hong Kong. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. This Agreement and any dispute between you and the Company shall be governed by the laws of Hong Kong.

For Users residing in jurisdictions where this arbitration agreement is prohibited by law, the laws of Hong Kong will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the courts in Hong Kong, and you and the Company consent to personal jurisdiction in those courts.

18. Changes to This Privacy Policy

The Company has the right to amend or update this Privacy Policy. The Company will notify you and give you the opportunity to review the revised Privacy Policy before continuing to use our products/services. Once any updated Privacy Policy is in effect, you will be bound by them if you continue to use our products/services.

19. Contact

Last updated September 24, 2018

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