1. Objective

The purpose of this privacy policy ("Policy") is to outline what we do with your personal data when you visit our website and use our services at [www.markato.com] ("Markato Platform"). It describes how we collect, use, and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.

2. Scope

This Policy applies to the personal data of users of the Markato Platform, namely:

• Retailers in Hong Kong or Singapore that use the Markato Platform to buy products from UK or EU-based Brands
• Brands in the UK or EU that use the Markato Platform to sell their products to Hong Kong or Singapore-based Retailers

For the purpose of applicable data protection legislation (including but not limited to the HK PDPO, SG PDPA, EU GDPR and UK GDPR), the company which is the data user (under HK PDPO) / organisation (under SG PDPA) / controller (under EU GDPR and UK GDPR) and who is responsible for your personal data is Markato HK Limited (a company incorporated in Hong Kong (company number 3150358) with its registered office at Unit 1603, 16th Floor, The L. Plaza, 367 - 375 Queen’s Road Central, Sheung Wan, Hong Kong, and its Affiliates ("Markato" or "us" or "we").

This Policy describes how we will process your personal data, and satisfies the requirements set out in the HK PDPO or SG PDPA (as applicable), if you are an individual that acts on behalf of or is otherwise associated with a Retailer based in Hong Kong or Singapore (as applicable)  and the collection, holding, processing or use of your personal data is controlled by Markato (a Hong Kong based data user or Singapore based organisation (as applicable)). On the basis that Brands that use the Markato Platform will be based in the European Union or United Kingdom, this Policy also satisfies the requirements set out in the EU GDPR and UK GDPR in relation to individuals who act on behalf of or are otherwise associated with Brands based within the European Union or United Kingdom (as applicable).

This Policy replaces and supersedes any previous policies addressing the same or similar issues, whether formal or informal. Markato reserves the right in its absolute discretion to alter, amend, or replace this Policy in whole or in part at any time with or without notice. The latest version of this Policy can be found here: www.markato.com/privacy-policy. You should always check that you are referring to the latest version of this Policy if you have previously downloaded hard copies of this Policy.

3. Types of personal data collected

• All users of the Markato Platform: We collect the following data from you when you use the Markato Platform, regardless of whether you are a Retailer or Brand, that we use to help us to improve your experience when using the Markato Platform and to help us manage the services we provide.
• How you use the Markato Platform
• The frequency with which you access the Markato Platform
• Internet protocol (IP) address
• Operating system and platform
• Your browser type and version
• Time zone setting and location
• The language you choose to view the Markato Website in     

If you would like to find out more information about what data we collect about you when you visit the Markato Platform, please see Section 9 (Who is responsible for processing your personal data and how to contact us?).

Retailer Data: We will collect some or all of the information listed below in relation to individuals at your organisation to enable us to provide the Markato Platform services to you, to facilitate transactions which you make on the Markato Platform and to ensure our relationship runs smoothly.

• Name
• Telephone number
• Organisation details (e.g. place of work, job title and organisation contact information)
• Email
• Postal address
• Payment information
• Marketing preferences
• Information that someone in your organisation has chosen to tell us or that you have chosen to tell Markato
• Calls, instant messages and emails with individuals in your organisation may be recorded     

To the extent that you access the Markato Platform, we will also collect certain data from you. If you would like more information about this, see the "All users of the Markato Platform" paragraph above.

Brand Data: We will collect some or all of the information listed below in relation to individuals at your organisation to enable you to supply goods on the Markato Platform, to facilitate transactions made by Retailers for your goods on the Markato Platform and to ensure our relationship runs smoothly.

• Name
• Telephone number
• Organisation details (e.g. place of work, job title and organisation contact information)
• Email
• Postal address
• Bank details
• Marketing preferences
• Information that someone in your organisation has chosen to tell us or that you have chosen to tell Markato
• Calls, instant messages and emails with individuals in your organisation may be recorded     

To the extent that you access the Markato Platform, we will also collect certain data from you. If you would like more information about this, see the "All users of the Markato Platform" paragraph above.

4. How your personal data is collected

1. How your personal data is collected – all users of the Markato Platform

When you visit the Markato Platform there is certain information that we may automatically collect, whether or not you decide to use our services. This includes your IP address, the date and the times and frequency with which you access the Markato Platform and the way you browse its content.

We collect your data automatically via cookies, in line with your cookie settings in your browser. If you would like to find out more about cookies, including how we use them and what choices are available to you, see Section 11 (Cookies).

2. How your personal data is collected – Retailers

We collect personal data from Retailers in the following ways:

• Personal data that we receive directly from you
• Personal data that we receive from other sources
• Personal information that we collect automatically

1. Personal data that we receive directly from you  

We will receive data directly from you in the following ways:

• When you register for an account with us and transact on the Markato Platform
• Where you contact us proactively by phone or email or any other form of communication (including where you request direct marketing communications be sent to you)
• Where we contact you, whether by phone, by email, or by any other      form of communication

2. Personal Data We Receive from Other Sources

Where appropriate and in accordance with any local laws and requirements, we may seek more information about you from other sources including surveys, web search, customer lists, social media etc.

3. Personal Data Collected Automatically

To the extent that you access the Markato Platform, read, or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may collect your data automatically or through you providing it to us. For more information please see Section 4.1 (How your personal data is collected – all users of the Markato Platform).

3. How your personal data is collected – Brands

We collect personal data from Brands in the following ways:

• Personal data that we receive directly from you
• Personal data that we receive from other sources
• Personal information that we collect automatically

1. Personal data that we receive directly from you  

We will receive data directly from you in the following ways:

• When you register for an account with us and transact on the Markato Platform
• Where you contact us proactively by phone or email or any other form of communication (including where you request direct marketing communications be sent to you)
• Where we contact you, whether by phone, by email, or by any other      form of communication

2. Personal Data We Receive from Other Sources

Where appropriate and in accordance with any local laws and requirements, we may seek more information about you from other sources including surveys, web search, customer lists, social media etc.

3. Personal Data Collected Automatically

To the extent that you access the Markato Platform, read, or click on an email from us, where appropriate and in accordance with any local laws and requirements, we may collect your data automatically or through you providing it to us. For more information please see Section 4.1 (How your personal data is collected – all users of the Markato Platform).

5. How your personal data is used

1. How your personal data is used – all users of the Markato Platform

We use your data to help us to improve your experience of using our website. If you would like to find out more about cookies, including how we use them and what choices are available to you, see Section 11 (Cookies).

2. How your personal data is used – Retailers

Having obtained data about you, we then make sure we use it appropriately.

We collect, use, disclose and/or process your personal data for the following purposes:

• To manage your account
• To facilitate transactions which you make on the Markato Platform and to comply with our obligations to you
• To send you direct marketing communications
• To help us establish, exercise, or defend legal claims

We intend to use your name, telephone number, email address and postal address for direct marketing such as notifications, communications and recommendations of products which may be relevant to you but we cannot so use your personal data without your consent. Please tick the separate consent checkbox for marketing to indicate your agreement to such use.

Please also see Section 5.1 (How your personal data is used – all users of the Markato Platform).

3. How your personal data is used – Brands

Having obtained data about you, we then make sure we use it appropriately.

We collect, use, disclose and/or process your personal data for the following purposes:

• To manage your account
• To facilitate transactions made with you on the Markato Platform and to comply with our obligations to you
• To send you direct marketing communications
• To help us establish, exercise, or defend legal claims

We intend to use your name, telephone number, email address and postal address for direct marketing such as notifications, communications and recommendations of products which may be relevant to you but we cannot so use your personal data without your consent. Please tick the separate consent checkbox for marketing to indicate your agreement to such use.

Under the EU GDPR and UK GDPR (which applies to our processing of personal data relating to Brands in the UK or EU), we are required to provide additional information about how we use your personal data. This is set out in the table below:

Please also see Section 5.1 (How your personal data is used – all users of the Markato Platform).

6. How do we share your personal data?

Where appropriate and in accordance with local laws and requirements, we may share your personal data, in various ways and for various reasons, with the following categories of people:

• any of our group companies;
• tax, audit, regulatory bodies, or other authorities, when we believe in good faith that the law or other regulation requires us to share this data (e.g., because of a request by a tax authority, in connection with any anticipated litigation or in compliance with our legal obligations);
• third party service providers (including suppliers) who perform functions on our behalf (including administrators, external consultants, business associates, and professional advisers such as lawyers, auditors and accountants, transport and distribution suppliers, technical support functions, and IT consultants carrying out testing and development work on our business technology systems);
• third party outsourced IT and document storage providers where we have an appropriate processing agreement (or similar protections) in place; and
• if Markato merges with or is acquired by another business or company in the future, we may share your personal data with the new or prospective owners of the business or company as part of the merger or acquisition process (and may provide you with notice of this disclosure).

7. How do we safeguard your personal data?

We are committed to taking all reasonable and appropriate steps to protect the personal data that we hold from misuse, loss, or unauthorised access. We do this by having in place a range of appropriate technical and organisational measures. These include measures to deal with any suspected data breach.

If you suspect any misuse, loss of, or unauthorised access to your personal data, please let us know immediately. Details of how to contact us can be found in Section 2 (Scope).

8. How long do we keep your personal data?

We will ordinarily process your data throughout the course of our interactions and will then generally retain it for an appropriate amount of time afterwards. The precise length of time will depend on the type of data, our legitimate business needs, and other legal requirements that may require us to retain it for certain minimum periods.

We may be required to retain certain data for the purposes of tax reporting or responding to tax queries. In other instances, there may be some other legal or risk management requirements to retain data, including where certain data might be relevant to any potential litigation (bearing in mind relevant limitation periods).

In determining the appropriate retention period for different types of personal data, we always consider the amount, nature, and sensitivity of the personal data in question, the potential risk of harm from unauthorised use or disclosure of that personal data, the purposes for which we need to process it and whether we can achieve those purposes by other means (in addition of course to ensuring that we comply with our legal and risk management obligations, as described above).

Once we have determined that we no longer need to hold your personal data, we will delete it from our systems.

9. Who is responsible for processing your personal data and how to contact us

The controller and company responsible for compliance with this Policy is Markato HK Limited (a company incorporated in Hong Kong (company number 3150358) with its registered office at Unit 1603, 16th Floor, The L. Plaza, 367 - 375 Queen’s Road Central, Sheung Wan, Hong Kong, and its Affiliates     .

If you would like further information about how we handle your personal information, if you have any concerns regarding this Policy, or if you wish to exercise your legal rights as set out in section 12 (How can you access, amend, or take back the personal data that you have given to us?), please write to [email protected] addressed to Martin Li, Co-founder at physical address Unit 1603, 16th Floor, The L. Plaza, 367 - 375 Queen’s Road Central, Sheung Wan, Hong Kong

10. How do we store and transfer your data internationally?

In order to provide you with the best service and to carry out the purposes described in this Policy, your data may be transferred:

• between and within entities within our group, including overseas;
• to third parties (such as advisers or other suppliers to the Markato business);
• to a cloud-based storage provider.

To other third parties, as referred in Section 6 (How do we share your personal data?)

Please see Section 12 (How can you access, amend, or take back the personal data that you have given to us?) for more information on how we transfer your data internationally.

To ensure that your personal information receives an adequate level of protection, we have put in place appropriate procedures with the third parties we share your personal data with to ensure that your personal information is treated by those third parties in a way that is consistent with and which respects the law on data protection.

11. Cookies

1. Cookie Definition

When you first visit the Markato Platform, you will be presented with a pop-up screen informing you of our use of cookies and asking you to provide your consent for such use.

The pop-up screen may not reappear for all your subsequent visits to the Markato Platform, but if you wish, you can withdraw your consent at any time by changing the cookie settings in your browser to block or reject certain cookies, delete existing ones, or change them.

A "cookie" is a piece of information that is stored on your computer's hard drive which records your navigation of a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.

2. How Cookies are used

We use cookies to track your use of the Markato Platform. This enables us to understand how you use the site and track any patterns that emerge individually or from larger groups. This helps us to develop and improve the Markato Platform and our services in response to what our users want and need.

Cookies are either:

• Session cookies: these are only stored on your computer [or device] during your web session and are automatically deleted when you close your browser - they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any information from your computer.
• Persistent cookies: is stored as a file on your computer [or device] and it remains there when you close your web browser. The cookie is read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics and for personalisation (see below).

Cookies are also categorised as follows:

• Strictly necessary cookies: Essential to enable you to use the Markato Platform effectively and therefore cannot be turned off. Without these cookies, the services available to you on the Markato Platform cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
• Performance cookies: These cookies enable us to monitor and improve the performance of the Markato Platform. For example, they allow us to count visits, identify traffic sources, and see which parts of the platform are most popular.
• Functionality cookies: These cookies allow the Markato Platform to remember choices you make (such as your language or the region you are in) and provide enhanced features. They may also be used to provide services you have requested. The information these cookies collect is usually anonymised.
• Personalisation cookies: These cookies help us to provide users with a tailored experience. These cookies are persistent (for as long as you are registered with us) and mean that when you log in or return to the Markato Platform, you may see contextual advertisements that are similar to content that you have previously browsed.

12. How can you access, amend or take back the personal data that you have given to us?

The EU GDPR and UK GDPR offer various protections and clarify the rights of citizens and individuals in the European Union or the United Kingdom, with regard to data privacy. This means that you retain various rights in respect of your data, even once you have given it to us. These are described in more detail below.

To communicate about these rights, please contact us (with the details given at Section 9 (Who is responsible for processing your personal data and how to contact us). We will seek to deal with your request without undue delay within one month (subject to any extensions to which we are lawfully entitled).

Under HK PDPO and SG PDPA, data subject rights are limited to the rights to request access to and to request the correction of personal data.  If you have provided us with your consent to use your personal data, you can also withdraw your consent at anytime under HK PDPO and/or SG PDPA.

NOTE: We may keep a record of your communications to help us resolve any issues that you raise.

Right to object (not available under HK PDPO and SG PDPA): This enables you to object to us processing your personal data. This is possible for one of the following four reasons: (i) our legitimate interests; (ii) to enable us to perform a task in the public interest or exercise official authority; (iii) to send you direct marketing materials (in both Hong Kong and Singapore, you have the right to withdraw your consent to marketing at any time); and (iv) for scientific, historical, research, or statistical purposes.

The "legitimate interests" category above is most likely to apply. If your objection relates to us processing your personal data because we deem it necessary for your legitimate interests, we must act on your objection by ceasing the activity in question unless:

• We can show that we have compelling legitimate grounds for processing which overrides your interests.
• We are processing your data for the establishment, exercise, or defence of a legal claim.

Right to withdraw consent: We have obtained your consent to process your personal data. You may withdraw this consent at any time and we will cease to carry out the particular activity that you previously consented to unless we consider that there is an alternative reason to justify our continued processing of your data for this purpose. In which case, we will inform you of this condition.

Right to access: You may ask us to confirm what information we hold about you at any time, and request us to modify, update, or delete such information. We may ask you to verify your identity and for more information about your request. If we provide you with access to the information that we hold about you, we will not charge you for this unless your request is "manifestly unfounded or excessive." If you request further copies of this information from us, we may charge you a reasonable administrative cost where legally permissible. Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will always tell you the reasons for doing so.

Right to erasure (not available under HK PDPO and SG PDPA): You have the right to request that we erase your personal data in certain circumstances. Normally, the information must meet one of the following criteria:

• the data is no longer necessary for the purpose for which we originally collected and/or processed them;
• where previously given, you have withdrawn your consent to us processing your data, and there is no other valid reason for us to continue processing;
• the data has been processed unlawfully (i.e., in a manner which does not comply with the EU GDPR and UK GDPR);
• it is necessary for the data to be erased in order for us to comply with our legal obligations as a data controller; or
• if we process the data because we believe it necessary to do so for our legitimate interests, you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.

We would only be entitled to refuse to comply with your request for erasure for one of the following reasons:

• to exercise the right of freedom of expression and information;
• to comply with legal obligations or for the performance of a public interest task or exercise of official authority;
• for public health reasons in the public interest;
• for archival, research, or statistical purposes; or
• to exercise or defend a legal claim.

When complying with a valid request for the erasure of data we will take all reasonably practicable steps to delete the relevant data.

Right to restrict processing (not available under HK PDPO and SG PDPA): You have the right to request that we restrict our processing of your personal data in certain circumstances. We can only continue to store your data, and will not be able to carry out any further processing activities with it until either: (i) one of the circumstances listed below is resolved; (ii) you consent; or (iii) further processing is necessary for either the establishment, exercise, or defence of legal claims, the protection of the rights of another individual, or reasons of important EU or UK public interest.

The circumstances in which you are entitled to request that we restrict the processing of your personal data include the following:

• where you dispute the accuracy of the personal data that we are processing about you. In this case, our processing of your personal data will be restricted for the period during which the accuracy of the data is verified;
• where you object to our processing of your personal data for our legitimate interests. Here, you can request that the data be restricted while we verify our grounds for processing your personal data;
• where our processing of your data is unlawful, but you would prefer us to restrict our processing of it rather than erasing it; and
• where we have no further need to process your personal data but you require the data to establish, exercise, or defend legal claims.

If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will notify you before lifting any restriction on processing your personal data.

Right to rectification: You also have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. Where appropriate, we will also tell you which third parties we have disclosed the inaccurate or incomplete personal data. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.

Right of data portability (not available under HK PDPO and SG PDPA): If you wish, you have the right to transfer your personal data between data controllers. If applicable, this means that you are able to transfer any Markato account details to another provider. To allow you to do so, we will provide you with your data in a commonly used machine-readable format that is password-protected so that you can transfer the data to another provider. Alternatively, we may directly transfer the data for you. This right of data portability applies to: (i) personal data that we process automatically (i.e., without any human intervention); (ii) personal data provided by you; and (iii) personal data that we process based on your consent or in order to fulfil a contract.

Right to lodge a complaint with a supervisory authority:

If you are in the EU or UK, you also have the right to lodge a complaint with your local supervisory authority. The supervisory authority in the United Kingdom is the Information Commissioner's Office at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF (T: 0303 123 1113 E: [email protected]). The supervisory authorities for EU Member States are listed (along with contact details) here.

If you would like to exercise any of these rights, or withdraw your consent to the processing of your personal data (where consent is our legal basis for processing your personal data), for details on how to contact us, see Section 9 (Who is responsible for processing your personal data and how to contact us).

NOTE: We may keep a record of your communications to help us resolve any issues that you raise.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period for which we hold your data.

13. Legal Bases for Processing Your Data (This section is applicable to EU GDPR and UK GDPR only)

The legal bases that we rely on to process your personal data are listed below.

3. Legitimate Interests

Article 6(1)(f) of the EU GDPR (and equivalent provisions under UK GDPR) says that we can process your data where it "is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data."

You have the right to object to us processing your personal data on this basis. If you would like to know more about how to do so, see Section 12 (How can you access, amend, or take back the personal data that you have given to us?).

We use and store your personal data in order to ensure you can use the Markato Platform smoothly and so as to respond to you if you contact us through the Markato Platform.

4. Consent

In certain circumstances, we are required to obtain your consent to the processing of your personal data in relation to certain activities.

Article 4(11) of the EU GDPR states that (opt-in) consent is "any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her" In plain language, this means that:

• You have to give us your consent freely, without us putting you under any type of pressure.
• You have to know what you are consenting to so we will make sure we give you enough information.
• You should have control over which processing activities you consent to and which you do not.
• You need to take positive and affirmative action in giving us your consent. We are likely to provide a check box for you to check so that this requirement is met in a clear and unambiguous fashion.
• We will keep records of the consents that you have given in this way.

You have the right to withdraw your consent to these activities. You can do so at any time. See Section 12 (How can you access, amend, or take back the personal data that you have given to us?).

5. For the Performance of a Contract

In certain circumstances we may use and process your personal information where it is necessary to perform a contract that you have with us. For example, when you purchase any products on the Markato Platform, we need to use your personal information to process your order, to send you the product, for billing purposes and to respond to any requests you may have.

6. Compliance with a Legal Obligation

We also have legal obligations that we must comply with. Article (6)(1)(c) of the EU GDPR (and equivalent provisions under UK GDPR) states that we can process your personal data where this processing "is necessary for compliance with a legal obligation to which [we] are subject."

We will process your data where we are required to comply with our legal obligations. If we believe in good faith that it is necessary, we may share your data in connection with crime detection or tax collection.

We also may share your data with other relevant bodies in order to comply with any regulatory obligations.

We will keep records of your personal data (including personal data contained in communications and calls) in accordance with our legal obligations.

In this Policy we refer to data being processed or disclosed in connection with a legal obligation. It is not possible to provide a comprehensive and exhaustive list of the legal obligations that may give rise to such requirements. New laws may be enacted or other obligations become binding which may require processing your data in accordance with other legal obligations. However, examples include processing in order to comply with court orders, regulatory rules or directions, or applicable legislation.  Legislation which would require us to process your personal data includes legislation pertaining to corporate obligations, anti-money laundering and tax and accounting.   

7. Establish, Exercise, or Defend Legal Claims

Sometimes it may be necessary for us to process personal data and, where appropriate and in accordance with local laws and requirements, special categories of personal data in connection with exercising or defending legal claims. Article 9(2)(f) of the EU GDPR (and equivalent provisions under UK GDPR) allows this where the processing "is necessary for the establishment, exercise, or defence of legal claims or whenever courts are acting in their judicial capacity."

This may arise for example where we need to take legal advice in relation to legal proceedings or are required by law to preserve or disclose certain information as part of the legal process.

8. Special Categories of Personal Data

In certain cases, we may process information about your ethnic background, gender, disability, age, sexual orientation, religion or other similar beliefs, and/or social-economic background. We will do this only where appropriate and in accordance with local laws and requirements.

This information is what is called ‘special categories’ of personal data (this is also known as sensitive personal data). We may need to obtain your explicit consent before we can collect it. We will ask for your consent by offering you an opt-in. This means that you have to explicitly and clearly tell us that you agree to us collecting and using this information.

We may collect other special categories of personal data about you, such as health-related information. We will never do this without your explicit consent.

If you would like to find out more about the rules which apply in relation to consent, see Section 13.2 (Consent).

If you are not happy about this, you have the right to withdraw your consent at any time. See Section 12 (How can you access, amend, or take back the personal data that you have given to us?).

9. How do We Store and Transfer Your Data Internationally?

We want to make sure that your data is stored and transferred in a way that is secure. We will therefore only transfer data overseas where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data. For example:

• By data transfer agreement, incorporating applicable standard contractual clauses for the transfer of personal data to data controllers and processors in jurisdictions which do not benefit from a finding of adequacy (see next paragraph).
• Transferring your data to a country where there has been a finding of adequacy by the European Commission or the United Kingdom's data protection supervisory authority in respect to that country's levels of data protection via its legislation.
• To the extent applicable, by way of scheme approved by the European Commission or under relevant UK legislation, whether as a successor to the EU-US Privacy Shield or scheme which otherwise permits the exchange of personal data between jurisdictions.
• Where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interest for the purposes of that contract (e.g., if we need to transfer data in order to meet our obligations under that contract).
• Where you have consented to the data transfer.

14. Definitions