Privacy Policy Statement 

Maxim’s Cakes (“Maxim’s Cakes”, “we”, “our” or “us”) operated by Maxim’s Caterers Limited (“Maxim’s”) recognizes the importance of your privacy. This privacy policy statement (“Privacy Statement”) explains how personal data is collected and used by Maxim’s Cakes.

Please read this Privacy Statement carefully. By accessing or utilizing the services on www.maximscakes.com.hk, its Facebook fans page, Instagram, social media platform page or mobile application (collectively, “Platform”), it means that you have accepted the terms of Privacy Statement. If you do not accept the following terms, please do not use the Platform. If you complete any form via the Platform and press the button 'submit', 'confirm', 'save' or 'add', it indicates that you have read and understood the Privacy Statement and agreed to how personal data are collected and used as provided in the Privacy Statement. Maxim’s Cakes reserves the right to update or change the contents of the Platform at any time and unilaterally change any term of this Privacy Statement without notification. You should regularly check whether the Privacy Statement has been modified via the Platform, as your continued use of the Plaform indicates your acceptance of any change to this Privacy Statement (unless we are required to obtain your prior consent in accordance with relevant laws).  “You”, “your” and “user” refer to any person that accesses the Platform for any reason or purpose.

1. Collection of Data and its purposes

When you use the Platform to order cakes or products, make enquiries and/or otherwise use the services provided on or via the Platform, you may have to provide to Maxim’s Cakes your data (including your personal data) (“Data”) including but not limited to your name, contact details, email address, Facebook ID, Instagram ID and/or other social media account details. You confirm that you have provided to Maxim’s Cakes such information voluntarily. You agree and understand that any and all of the Data you provided to Maxim’s Cakes will be collected and used for the following purposes :

(a) for verification of identity and record, matching your Data with information you provided to us via other means;

(b) to display your information when you use the Platform, the Internet and other channels to process your information;

(c) for analysis and for comparison with others' data in order to develop Maxim’s Cakes products or services and market promotion programme;

(d) for communicating with you and sending the relevant information to you in relation to your request, enquiry, booking, purchase, participation in campaign program or exclusive promotional offer;  

(e) with your consent, to communicate with you and send related information on the promotional offers of the food, beverage and catering services of Maxim’s Cakes;

(f) for storing communication contacting details;

(g) to compile statistics in relation to the use of Platform;

(h) for processing your order and service request;

(i)  for collecting payment, processing any payment instruction and direct debit fee;

(j) for internal monitoring, including calculation of the amount payable to you or outstanding from you, making or collecting payment to or from you, and collecting any fee or enforcing guarantee granted to or granted by the user;

(k) for facilitating the daily operation of your account;

(l)  to execute your instruction, process application or respond to enquires made by you or on your behalf, and provide effective and efficient services;

(m) to provide you with address/location of Maxim’s Cakes’ shops;

(n)  to provide you with our online shopping and pre-order service;

(o)  to record your consumption and transaction record through the Platform; and

(p)  for providing you with direct marketing communication in accordance with the relevant section below.

2. Direct marketing

When you consent to the use of Data for direct marketing, you may from time to time receive from Maxim’s Cakes telephone calls, SMS, emails containing direct marketing information on offers and/or promotions in relation to food, beverage and catering services.

If you do not wish to receive any such direct marketing communications, you can at any time send your request in writing to our Data Privacy Officer via email at  dataprivacyoffice@maximscakes.com.hk or via post to Maxim’s Cakes, Maxim’s Caterers Limited, 18/F, Maxim’s Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong. (Please indicate your name and mobile phone number for identification and contact purposes)

3. Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong)

Maxim’s Cakes’ policies and practices regarding the collection, use, retention, disclosure, transfer, protection and access to Data are in compliance with relevant Hong Kong laws including Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong).

4. Retention, storage and disclosure of personal data

You acknowledge, agree and authorize us to retain and store the Data you provided in one or more databases of Maxim’s Cakes within or outside Hong Kong, and to provide, disclose, allow access and transfer such Data to:

(a) employee authorized by Maxim’s Cakes to process related information for the above-mentioned data collection purposes;

(b) contractor or agent engaged by Maxim’s Cakes to provide administrative, telecommunication, information technology, billing, insurance, professional service or any other service to Maxim’s Cakes for the above-mentioned data collection purposes or related purposes;

(c) any person to whom Maxim’s Cakes must disclose in accordance with the requirement of applicable law, administrative policy or regulation; and/or

(d) anyone who reasonably requires Maxim’s Cakes to make disclosure in order that Maxim’s Cakes can implement the purposes listed in this Privacy Statement.

You agree that Maxim’s Cakes can disclose your Data in the following reasonable and necessary circumstances:

(i) in compliance with relevant law, directive of relevant governmental body or court order;

(ii) to execute or implement any terms of use relating to your use of or services provided by the Platform, Maxim’s or Maxim’s Cakes;

(iii) to protect the rights, properties or interests of Maxim’s Cakes, Maxim’s, its affiliated companies, employees, agents, customers and users; or

(iv) in compliance with the Privacy Statement.

Maxim’s Cakes hereby states that it has not sold and will not sell your Data. Maxim’s Cakes will not provide, disclose, allow access to and transfer your Data to any third party other than the above.

Maxim’s Cakes shall retain your Data after you have provided your Data via this Platform. Your Data will be retained in accordance with the applicable laws, and thereafter erased.

5. Security of Data

Maxim’s Cakes will use various security technologies and procedures to protect your Data from unauthorized access, use or disclosure. Because of the nature of Internet, Maxim’s Cakes cannot guarantee the security on any transfer of information. However, Maxim’s Cakes will take all practical measures to reasonably ensure any Data collected by the Platform will not be intercepted by any third party. However, you must be clearly aware that Maxim’s Cakes’ advertisers or other websites with links to the Platform may be collecting your personal data. You must read the relevant privacy policies carefully before you provide your information to any third party. The information you provide to any third party has nothing to do with Maxim’s Cakes and Maxim’s Cakes assumes no responsibility therefor. However, if Maxim’s Cakes receives relevant related information from a third party, it will retain the information in accordance with its usual security and confidentiality standards.

6. Access, amendment and deletion of personal data and opt-out of receiving communication from Maxim’s Cakes

You are aware that according to Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong), you have the right to access your personal data held by Maxim’s Cakes and request amendment or deletion of your Data. Upon receiving the relevant request, Maxim’s Cakes will handle the request in accordance with the provisions of the Ordinance.  If you wish to access, amend or delete your personal data held by Maxim’s Cakes, please send your request to Data Privacy Officer of Maxim’s Cakes by email at: dataprivacyoffice@maximscakes.com.hk  or by post to: Maxim’s Cakes, Maxim’s Caterers Limited, 18/F, Maxim’s Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong. (Please indicate your name and mobile phone number for identification and contact purposes)

7. Cookies and third party platform

Maxim’s Cakes may use cookies on the Platform. Cookies are small text files stored on the user’s computer by a web server based on the permission set by the user’s browser software. Cookies themselves are not designed or intended for accessing any information in the user’s computer (except for the content of the cookies themselves). On the contrary, they are an identifier used by a website placed on your hard disk. Actual content of the cookies can be searched by the same server to identify the computer and then adapt the use of a website to the user’s requirements based on the information stored on the host server and monitor or manage such use. Therefore, cookies only indicate the identity of the user's computer or mobile phone to the website or application, and the website or application may associate other information, including personal identifier information, with the cookies. Similarly, Maxim’s Cakes has the right to use third-party applications on the Platform.  The purpose for the Platform to use third-party applications is to allow automation on signing in and registration of information so that you are linked to the information for online purchase when you make purchase (if any) on the Platform, to enable the Platform to adapt to your preferences, or to personalize promotion or marketing. In addition, use of third-party applications may enable Maxim’s Cakes to track the use of the Platform to determine what content is useful or popular so that Maxim’s Cakes can effectively develop and improve the Platform. You can adjust your web browser to have it send you alerts about the use of cookies or to decline acceptance of cookies. However, please note that if you choose to decline acceptance of “cookies”, the Platform may not function properly or you may not be allowed to sign in.

8. Use of Web Beacons

Maxim’s Cakes may use web beacons on the Platform or other websites and allow third party to place web beacons on the Platform to monitor the effectiveness of promotion or for other legal purposes. Web beacons are also called “web crawler”. It is an object that is embedded in a web page, website or email which allows monitoring by website owner or a third party on whether a user has viewed a page. It is usually invisible to the user as its size is generally very small (1x1 gif) and has the same colour as the background of the web page, document or email. Web beacons are identified as HTML IMG on web pages. Users can click on the “View Document” option on the web page to find out whether web beacons are used on the web page. Web beacons can link to personal information. For example, advertising network uses web beacons to add information about the websites a person has visited in their personal data and decide what advertising banners to add based on such information.  Web beacons can also be used to independently track the number of people that have visited a particular website.

9. Links to third parties' websites or applications

Please note that Maxim’s Cakes provides links to third parties' websites or applications as a service to users or acknowledgement of the use of third party applications. Maxim’s Cakes is not responsible for the contents on how information is collected by such web pages or third party applications. Maxim’s Cakes recommends you to read and understand the privacy practices of any such third party’s websites or applications before you submit any information to them.

10. Children

The Platform does not plan or intend to collect personal data from person below 18 years old. To respect the privacy of underage, person below 18 years old should not provide any personal data via the Platform. Maxim’s Cakes asks that parents to monitor their children when they surf on the web.

11. Others

(a) If there is any discrepancy between the Chinese and English versions of the Privacy Statement, the Chinese version shall prevail.

(b) Clause headings and examples are provided for reference purpose only. They are not intended to define or limit the scope or extent of any clause. Words importing the singular import the plural and vice versa.

(c) This Privacy Statement is governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The user irrevocably consents to the exclusive jurisdiction of the courts of Hong Kong to resolve any disputes, disagreements or claims between Maxim’s Cakes and the user.

©Maxim’s Caterers Limited 2021