Peak Tramways Company, Limited and The Peak Tower Limited
Data Privacy and Security Policy
Effective Date: 1 July 2011
Last Updated: 30 June 2020
Please note that we do not knowingly solicit or collect Personal Data from anyone under the age of 18, other than from a parent or legal guardian with consent. As a parent or legal guardian, please do not allow your children to submit Personal Data without your permission.
- 1 Personal Data we collect
- 2 How we use Personal Data
- 3 How we share Personal Data
- 4 How we transmit, protect and store Personal Data
- 5 Your rights
- 6 California and Nevada privacy rights
- 7 Contacting us
- 8 Cookies
- 10 Other Sites
1 Personal Data we collect
1.1 We may collect and process the following Personal Data about you.
- (a) Personal information about you
personal information that you provide to us, including your name, telephone number, email address and address (residential and/or delivery address);
- (b) Your payment information
your payment information such as your credit card information (including credit card number, code and expiry date) and your bank account details;
- (c) Our correspondence
if you contact us such as when you make enquiries, we may keep a record of that correspondence;
- (d) Social media account information
depending on your interactions with various social media platforms linked to us or with which we engage, we may process your profile names, photographs or publicly available posts;
- (e) CCTV images and recordings
to ensure the security of our properties, we may have close circuit television systems installed which will take visual and/or aural recordings where appropriate and relevant, and we may keep recordings as permitted by applicable laws;
- (f) Survey information
we may also ask you to complete surveys that we use for research purposes. In such circumstances we shall collect the information provided in the completed survey;
- (g) Your use of our website
details of your visits to our website, and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.
- (h) Do-not-track
Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (DNT) mechanisms, we do not respond to web browser-based DNT signals at this time.
For commercial leasing only
- (i) Your transactions with us
we may collect information such as identity card and passport details, tenancy particulars and employment particulars.
1.2 There are several ways by which we may collect your Personal Data from you: (i) we may collect your Personal Data from you directly by engaging with you, for example, when you make a direct booking on our website, or when you book or receive a service, or purchase a merchandising product in-person; and (ii) we may also collect Personal Data from third parties including agents and online service providers that make bookings on your behalf, facilitate online payments or product purchases or that are otherwise involved in the booking process or delivering our services to you. Finally, (iii) we may also collect Personal Data from you through your activity on social media platforms that link to us such as Facebook fan pages or WeChat Official Account, or when you share content, photographs or follow us. Please note that any social media platform will also have their own privacy policies and processes to govern the processing of your Personal Data.
Special Categories of Personal Data
1.4 “Special Categories of Personal Data” are a subset of Personal Data, and include Personal Data relating to your health, political opinions, religious beliefs, ethnicity and race, sex life, trade union membership and in some cases, criminal activity.
1.5 As a general rule, we do not process Special Categories of Personal Data. We may however process health/medical information in order to handle medical incidents and/or claims as per section 2.1(h) below. Where we process Special Categories to handle medical incidents, we do so in order to protect the vital interests of you or another person. Where we process Special Categories to handle claims, we do so on the basis of establishing, exercising or defending legal claims or whenever courts are acting in their judicial capacity.
1.6 In addition to section 1.5 above, we may process Special Categories of Personal Data in limited circumstances where you have provided such Special Categories of Personal Data including health/medical information (e.g. allergies, disabilities, dietary requirements) so that we can provide our services safely to you.
1.7 Where we process Special Categories of Personal Data mentioned in section 1.6 above, we will only do so where you have given us your explicit consent to do so. Where you are providing Special Categories of Personal Data about a travel partner, you agree that you have procured their consent to our processing of their Special Categories of Personal Data.
2 How we use Personal Data
2.1 We may use your Personal Data in the following ways:
- (a) To administer your ticket bookings
to process your purchase requests, which may be made via our website, in person or through third parties to confirm your booking. We may send a confirmation of your booking via email.
Use justification: contract performance, legitimate interests (to enable us to perform our obligations and provide services to you);
- (b) To provide you with services
to provide you with and charge for the services including but not limited to the Peak Tram service, ticket booking service and the Sky Terrace 428 rental, and to facilitate any special requests or assistance that you have asked for.
Use justification: contract performance, legitimate interests (to enable us to perform our obligations and provide services to you);
- (c) To complete your purchase
to deliver your orders when you purchase a ticket, package, products or gifts.
Use justification: contract performance, legitimate interests (to enable us to perform our obligations and provide services and products to you);
- (d) To customize our services and products to you
to assure your future comfort and attention to your individual needs, we collect and store specific information about you, such as your contact details and other special requests. If you are a repeat guest, we may store your Personal Data in our system to serve you better upon your return.
Use justification: legitimate interests (to allow us to provide customized services and products to you);
- (e) To provide marketing materials to you
to provide you with updates, offers, and subscriptions where you have chosen to receive these, or connected with us via social media platforms, such as WeChat. With your consent, we may send you information about ourselves and the HSH Group companies, namely The Peninsula Hotels, the Peak Tram, and restaurants and residential clubs operated by our group companies, including news, offers and promotions about our hotels and arcades, food and beverage, spa, merchandise, branded residences, touristic services and special events by us or our arcade partners by different channels of communications such as by post, email, telephone or SMS. You may also see these offers, promotions and information on social media platforms through which you have connected with us. Please note that this is subject to the terms and conditions of use of the relevant social media platform. It is however our intention to only send you communications that you may want to receive. When you opt-in to receiving promotional material by signing up on our websites and providing your details to us specifically and expressly in order to receive marketing communications specified above, we will periodically contact you via your preferred channel(s). We typically use third party email service providers to send emails. These service providers are contractually prohibited from using your email address for any purpose other than to send emails related to the HSH Group operations and any organised special events. Personal Data will not be shared with third parties for their own marketing purposes. We provide you with the ability to unsubscribe from all marketing communications. Every time you receive an email, you will be provided with the choice to opt-out of future emails by following the instructions provided in the email. You may also opt-out of receiving promotional materials by updating your account, where applicable, or contacting us as set out in section 7 below.
Use justification: consent (which can be withdrawn at any time - please see paragraph 5.1 below;
- (f) For analytics and profiling
to tailor our marketing to you. In connection with our marketing activities, we analyse information that we collect about customers to determine what offers are most likely to be of interest to different categories of customers in different circumstances and at different times. From time to time, we will assess the Personal Data that we hold about you. We may also use this method to avoid sending you offers that are inappropriate or unlikely to be of interest to you. You have the right to opt-out of such analysis of your Personal Data at any time. You can exercise this right by contacting us as set out in section 7 below.
Use justification: consent (which can be withdrawn at any time - please see section 5.1 below); legitimate interests (to enable us to tailor our marketing to you);
- (g) To comply with our legal obligations and defend our legal rights
to comply with our legal obligations such as financial reporting requirements imposed by our auditors and government authorities, to safeguard our legal rights including (without limitation) in relation to the defence of any claims, and to cooperate with law enforcement agencies, government authorities, regulators and/or the court in connection with proceedings or investigations anywhere in the world where we are compelled to do so.
Use justification: legal obligation, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities);
- (h) To handle incidents and process any claims we receive
to handle any accidents and incidents such as liaising with emergency services, and to handle any claims made by customers such as personal injury claims. Please note that this may also require the processing of Special Categories of Personal Data – please see section 1.5 for further information about this.
Use justification: vital interest (in relation to Special Categories of Personal Data), legal claims, legitimate interests (to ensure that incidents and accidents are handled appropriately and to allow us to assist our customers);
- (i) To improve our services and products
to assist in developing new services and products and to improve our existing services and products.
Use justification: legitimate interests (to allow us to continuously improve and develop our services);
- (j) To ensure our website function correctly
to ensure that content from our website is presented in the most effective manner for you and for your computer.
Use justification: contract performance, legitimate interests (to allow us to provide you with the content and services on the Website); and
- (k) In connection with any reorganisation of our business
To analyse, or enable the analysis of, any proposed sale or reorganisation of our business.
2.2 We may combine information that we have collected offline with information we collect online. We combine information across devices, such as computers and mobile devices. We may also combine information we receive from a third party with information we already have.
3 How we share Personal Data
3.1 We may share your Personal Data in the following ways:
- (a) Third party service providers who process Personal Data on our behalf to help us undertake the activities described in section 2
We may permit selected third parties such as service providers, agents, contractors, entities which may be the hotel owner, and other HSH Group companies to use your Personal Data for the purposes set out in section 2, including mail houses and email service providers that we engage to send and disseminate promotional materials for PTC, data centre providers that host our servers and third party agents that process online bookings, purchases and mailing of tickets on our behalf. These parties are contractually prohibited from using Personal Data for any purpose other than for the purpose specified in their respective contracts, and will be subject to obligations to process Personal Data in compliance with appropriate safeguards. We do not permit the sale of Personal Data to entities outside of the HSH Group for any use. For online payment processing, we work with PCI-DSS compliant payment processing gateway providers.
Use justification: contract performance, legitimate interests (to allow us to effectively providing services to you and to run and manage our business);
- (b) Law enforcement agencies, government authorities, regulators and the court in order to comply with our legal obligations or to handle incidents/ claims
We may disclose your Personal Data when required by relevant laws or by court order, or as requested by other government or law enforcement authorities to assist with proceedings or investigations. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of an actual or suspected crime. This also applies when we have reason to believe that disclosing the Personal Data is necessary to obtain legal advice, to identify, investigate, protect, contact, or bring legal action against someone who may be causing interference with our guests, visitors, associates, rights or properties, or to others, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
Use justification: legal obligation, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities); and
- (c) Third parties who require such data in connection with a change in the structure of our business
Use justification: contract performance, legitimate interests (to allow us to run and manage our business).
These are the principal legal grounds that justify our use of your Personal Data:
|Consent: where you have consented to our use of your Personal Data (you will have been presented with a consent form in relation to any such use).|
|Contract performance: where your Personal Data is necessary to enter into or perform our contract with you.|
|Legal obligation: where we need to use your Personal Data to comply with our legal obligations.|
|Legitimate interests: where we use your Personal Data to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.|
|Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.|
|Vital interest: where we need to process your Personal Data to protect the vital interest of you or another natural person, e.g. where you require urgent assistance.|
These are the principal legal grounds that justify our use of your Special Categories of Personal Data:
|Explicit consent: You have given your explicit consent to the processing of those Personal Data for one or more specified purposes. You are free to withdraw your consent by contacting us. Where you do so, we may be unable to provide a service that requires the use of such data.|
|Protection of vital interests of you or another person, where you are unable to consent: Processing is necessary to protect the vital interests of you or of another natural person where you are physically or are legally incapable of giving consent.|
4 How we transmit, protect and store Personal Data
Security of communications
4.1 It is important to note that no security system or system of transmitting information over the internet can be guaranteed to be one hundred percent secure. There is a risk inherent in the submission of information online and the use of email and facsimile. Please be aware of this when requesting information or sending forms to us online or by email or facsimile, for example, from the “Contacting us” section. We recommend that you do not include any sensitive information including credit card details when submitting information online, using email, facsimile or when using any public computers/public WIFI.
4.2 We maintain commercially reasonable administrative, technical and physical safeguards designed to protect the Personal Data we maintain against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. Despite such efforts, however, please note that no company can fully eliminate risks or guarantee complete security of personal information. Unauthorised entry or use, hardware or software failure, and other factors may compromise the security of your information. While we strive to put in place appropriate contractual protections, we are unable to guarantee the security of Personal Data hosted on databases run by third parties, and we bear no liability for uses or disclosures of personal information or other data arising in connection with theft of the information or other malicious actions.
4.3 We store certain customer information and booking details in our Customer Information System and Ticketing System on our subcontractor’s secure servers. Our server resides behind firewalls designed to protect Personal Data collected from you against unauthorised or accidental access. Because laws applicable to personal information vary by country, we or other business operations under the HSH Group may put in place additional measures that vary depending on the applicable legal requirements.
Personal Data transmission across international borders
4.5 Your Personal Data may be accessed by staff or suppliers, transferred, and/or stored outside the European Economic Area (EEA) including to countries which may have a lower level of data protection than under EU data protection laws. We must comply with specific rules when we transfer Personal Data from inside the EEA to outside the EEA. When we do this, we will use appropriate safeguards to protect any Personal Data being transferred. Where required, we will transfer your Personal Data subject to European Commission approved contractual terms that impose different data protection obligations directly on the recipient. Please contact us as set out in section 7 below if you would like to see a copy of the specific safeguards we apply to the export of your Personal Data; these may be redacted to protect commercially sensitive or confidential information.
4.6 Your Personal Data will be stored for the period of time required or permitted by law in the jurisdiction of the operation holding the information (e.g. certain transaction details and correspondence may be retained until the time limit for claims in respect of the transaction has expired or in order to comply with regulatory requirements regarding the retention of such data). So if information is used for two purposes we will retain it until the purpose with the latest period expires; but we will stop using it for the purpose with a shorter period once that period expires.
4.7 Our retention periods are based on business needs and on the applicable statutory requirements.
5 Your rights
Opt-out of marketing
5.1 You have the right to ask us not to process your Personal Data for marketing purposes at any time. You can exercise your right by checking certain boxes online or on the data collection forms, talking to us in person, or by contacting us as set out in section 7 below. If you opt out of receiving our marketing messages, where permitted by law, you may continue to receive other messages from us as required by the relationship between you and us.
5.2 Subject to various exceptions and data protection laws in your country, you may have the following rights:
(a) Access: you can ask us to provide you with further details on the use we make of your Personal Data and a copy of the Personal Data we hold about you;
(b) Correction: you can ask us to correct any inaccuracies in the Personal Data we hold about you;
(c) Complaint: if you are not satisfied with our use of your Personal Data or our response to any exercise of these rights, you may have the right to complain to the data protection authority in your country;
(d) Erasure: you can ask us to delete your Personal Data if we no longer have a lawful ground for use;
(e) Withdrawal of consent: where processing is based on consent (e.g. marketing, or certain uses of Special Categories of Personal Data), you can withdraw your consent to processing and we will stop that particular processing;
(f) Object to processing: you have the right to object to other types of processing (e.g. analytics and profiling activities carried out in relation to your Personal Data), unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights;
(g) Restriction: you can restrict how we use your Personal Data pending any investigation, for example, whilst we are verifying the accuracy of your Personal Data or where we are verifying the grounds that we use as the basis of holding your Personal Data;
(h) Portability: where technically feasible, you have the right to ask us to transmit the Personal Data that you have provided to us to a third party in a structured, commonly used and machine readable form.
5.3 We will use reasonable endeavours to ensure that your Personal Data is accurate. In order to assist us with this, you should notify us of any changes to your Personal Data that you have provided to us by updating your details in The Peak Tram & The Peak Tower Business Partners B2B Portal or by contacting us as set out in section 7 below.
6 California and Nevada privacy rights
6.1 If you are a California resident, you have the right to ask us what information we have collected, used, disclosed and sold about you in the preceding 12 months. You also have the right to request us to delete the Personal Data we have collected from you. To exercise your rights, please contact us as set out in section 7 below. We will verify your request by matching information you provide to us with information we already have about you. We will not discriminate against you because you have exercised any of your rights under the California Consumer Privacy Act (CCPA). You can designate someone else to make a request by having them execute a notarised power of attorney to act on your behalf. We will maintain a record of your CCPA rights requests.
6.2 Under California law we are required to tell California residents if we “sell” information as that term is defined by applicable law (i.e. sharing the Personal Data with a third party for monetary or other valuable consideration). We confirm to California residents that we do not do this based on our understanding of that term. We also do not have actual knowledge that we sell the Personal Data of minors under the age of 16.
6.3 In relation to our disclosure obligations in Nevada, we confirm that we do not exchange Nevada residents’ Personal Data for money with any person for such person to license or sell the Personal Data to additional persons. By emailing us at email@example.com, Nevada residents may opt out of the future sale of their Personal Data to a third party.
7 Contacting Us
Data Privacy Team
Peak Tramways Company, Limited
c/o The Hongkong and Shanghai Hotels, Limited
8/F St George’s Building
2 Ice House Street
Fax: +852 2147 3720
10 Other Sites
10.1 The website may contain links to other third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third party websites.
Peak Tramways Company, Limited and The Peak Tower Limited Cookies Policy
If you do not agree to the use of these cookies please disable them by following the instructions for your browser set out here. Please note that some of the services will not function so well if cookies are disabled.
Where the organisation setting the cookie provides an automated disabling tool in respect of its cookie(s) we list the name of that organisation, the category of cookies it sets together with a link to its automated disabling tool. In all other cases, we list the names of the cookies themselves and their source at the date of this Cookies policy so that you can easily identify and disable them if you want through your browser controls.
Some browsers make is possible for you to signal that you do not want your internet browsing activity to be tracked. Disabling tracking may interfere with some uses of the Website and the services provided on the Website.
After your initial visit to the Website we may change the cookies we use. This Cookies Policy will always allow you to know who is placing cookies, for what purpose and give you the means to disable them so you should check it from time to time.
What are cookies?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating web domain on your subsequent visits to that domain. Most web pages contain elements from multiple web domains so when you visit the Website, your browser may receive cookies from several sources.
Cookies are useful because they allow a website to recognise a user’s device. Cookies allow you to navigate between pages efficiently, remember preferences and generally improve the user experience. They can also be used to tailor advertising to your interests through tracking your browsing across websites.
Session cookies are deleted automatically when you close your browser and persistent cookies remain on your device after the browser is closed (for example to remember your user preferences when you return to the site).
What types of cookies do we use?
We describe the categories of cookies we and its affiliates and its contractors use below.
Advertising cookies (or targeting cookies) collect information about the browsing habits associated with your device and are used to make advertising more relevant to you and your interests. They are also used by services provided by third parties on each Website, such as ‘Like’ or ‘Share’ buttons in addition to providing the requested functionality. Third parties provide these services in return for recognising that you (or more accurately your device has) have visited a certain website. These third parties put down advertising cookies both when you visit our Website and when you use their services and navigate away from our Website. Their privacy practices are set out below:
|Cookie Name||Source||Purpose||Further Information|
1P_JAR, AID, APISID, CONSENT, HSID, NID, SAPISID, SID, SIDCC, SSID, AID
These cookies are used to deliver advertisements for your interests on other websites and track transactions made by you on our website.
Persistent cookie and kept for up to 2 years
For further information on how Google uses your information, please refer to
HTML email web beacons
Our emails may contain a single, campaign-unique “web beacon pixel” to tell us whether our emails are opened and verify any clicks through to links within the email. We may use this information for purposes including determining which of our emails are more interesting to you, to query whether users who do not open our emails wish to continue receiving them. The pixel will be deleted when you delete the email. If you do not wish the pixel to be downloaded to your device, you should select to receive emails from us in plain text rather than HTML.
Use of IP addresses and web logs
We may also use your IP address and browser type to help diagnose problems with our server, to administer our Website and to improve the service we offer to you. An IP address is a numeric code that identifies your computer on the internet. Your IP address might also be used to gather broad demographic information.
We may perform IP lookups to determine which domain you are coming from (e.g. google.com) to more accurately gauge our users’ demographics.
Cookies Policy does not cover third party websites
Please note that this Cookies Policy does not apply to, and we are not responsible for, the privacy practices of third party websites which may be linked to a Website.
Changes to the Cookies Policy
We may update this Cookies Policy and we would encourage you to review the policy from time to time to stay informed of how we are using cookies. This Cookies Policy was last updated on 31 August 2018.