WEBSITE TERMS OF USE & PRVIACY POLICY

Website Terms of Use

Welcome to use this website (yoshinoya.testmeifyoucan.com) (“this Website”), which is operated by Yoshinoya Fast Food (Hong Kong) Limited (“Yoshinoya HK”). Please read these Terms of Use of this Website (“Terms of Use“) carefully. Your use of this Website mean(s) that you have accepted these Terms of Use, which shall form a binding contract between you and Yoshinoya HK. If you are unwilling to be bound by these Terms of Use, please do not use this Website.

Yoshinoya HK reserves the right to change, modify, suspend and/or withdraw this Website at any time and reserve all rights to unilaterally change these Terms of Use by publishing the changes through this Website. You should regularly visit or access this Website to find out whether these Terms of Use that are binding on you have been revised, as your continued use or access to this Website indicates your acceptance of any change to these Terms of Use. “You”, “your”, and “users” refer to any person and/or entity (other than Yoshinoya HK and its authorized representatives, employees, contractors or agents) that uses or accesses this Website for any reason.

1. Description of services

This Website provides information on Yoshinoya outlets in Hong Kong and (where you login into your member account (if any) under the YOSHI CLUB (“Program”)) your spending records and accumulated rewards under the Program. The Program is a customer loyalty programme owned and operated by True North Limited (“Hung’s”) in relation to Yoshinoya outlets in Hong Kong.

2. Acceptable Use

This Website is for your individual use only and should not be used by you for commercial purposes.

You shall use this Website only for lawful purposes and undertake not to use this Website to, in any way, infringe the intellectual property rights of any other person or acquire or use the personal data of other users, or damage any part of this Website.

You shall not interfere with the operation of this Website in any way, including but not limited to transmitting viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website.

You will not, and will not allow third parties on your behalf to:

• make and/or distribute copies of the contents of this Website;
• in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described in this Website;
• attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the contents of this Website; or
• create derivative works of the contents of this Website of any kind whatsoever.

3. YOSHI CLUB Member’s Area

On this Website, you can login to your membership account under the Program to access the YOSHI CLUB Member’s Area, an electronic platform offered by Hung’s and accessible through this Website. The YOSHI CLUB Member’s Area is only available to members of the Program and is only for your personal use. The contents of the YOSHI CLUB Member’s Area relate to your spending record and accumulated rewards under the Program, and are provided by Hung’s without any verification on the part of Yoshinoya HK. Yoshinoya HK expressly disclaims any liability or responsibility for any contents in the YOSHI CLUB Member’s Area or other communications by or with Hung’s on or through this Website.

You may not transfer your access rights to the YOSHI CLUB Member’s Area. You may be asked to provide personal identification for verification. Yoshinoya HK reserves the right to suspend any links to the YOSHI CLUB Member’s Area (or any part thereof) for repairs, maintenance, upgrades or any other work Yoshinoya HK deems appropriate without prior notice.

4. Promotional activities

Yoshinoya HK will periodically carry out promotional activities through this Website. If the promotional activity involves winning or accumulating points rewards or other offers, Yoshinoya HK will be the final arbitrator of the total number of points rewards awarded according to its records and you shall not dispute such decision. Any use of your personal data for such promotional activities will be in compliance with Yoshinoya HK’s Privacy Policy Statement (available at https://yoshinoya.testmeifyoucan.com/ ) and the applicable laws.

5. Personal data and other information you provide

For details of how Yoshinoya HK collects, holds, processes and uses your personal data, please refer to its Privacy Policy Statement.

6. Underage persons

If you are under the age of 18, you should not use this Website unless you have obtained your parent’s or legal guardian’s consent to such use and to these Terms of Use. You represent to Yoshinoya HK that you are at least 18 years old or, if you are under the age of 18, you have sought your parent’s or legal guardian’s consent as required hereunder.

7. Intellectual property

The contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials of this Website (“Materials“) are the intellectual property of Yoshinoya HK or its licensor(s). All intellectual property rights in relation to the Materials are hereby expressly reserved. Without Yoshinoya HK’s prior written permission, you shall not modify copy, reproduce, re-issue, upload, publish, make available to the public or transmit the Materials, or otherwise use the Materials save for your own personal, non-commercial use.

8. Limitation of liability

To the fullest extent permitted by law, Yoshinoya HK provides this Website and the contents and services therein on an “as-is” basis and makes no representation or warranty of any kind, whether express or implied, regarding this Website or its contents and services. In particular, Yoshinoya HK makes no representation, warranty or undertaking whatsoever that this Website is or will be totally free of errors, that this Website and its server will always be free of computer viruses or other harmful programs, that any defect, error or problem will be corrected or that this Website is timely, safe and will not be discontinued.

To the fullest extent permitted by law, Yoshinoya HK shall not be liable for any loss, damage, cost, expense, liability or claim arising from or in connection with:

• your use or inability to use this Website or any part thereof;
• any repair or replacement of devices, equipment or data resulting from your use of this Website;
• any implementation failure, technical issue, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line communication or software problem (including but not only loss of data or compatibility problems) in this Website;
• any damage or changes to this Website;
• any third party websites linked to this Website and any materials posted on such websites; or
• your use of the Program and any act or omission on behalf of Hung’s to record your spending or credit any rewards under the Program to your account.

9. Indemnity

You agree to indemnify Yoshinoya HK, Hung’s and their respective affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees and hold them harmless against all losses, damages, liabilities, costs (including legal costs), expenses and claims arising out of or in connection with:

• your breach of these Terms of Use;
• your failure to comply with any applicable laws and regulations in your use of this Website; and/or
• your unauthorized use of any material from this Website.

10. Network

You acknowledge that the terms of agreement with your respective network provider (“Network Provider”) will continue to apply when using this Website. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing this Website, and any other third party charges may also arise. You accept responsibility for any such charges that arise.

11. Suspension and termination

If you are in breach any of these Terms of Use or your use of this Website is contrary to applicable laws or (in Yoshinoya HK’s opinion) adversely affects the interests of Yoshinoya HK, Hung’s their respective affiliates or other users, Yoshinoya HK reserves the absolute right to terminate or suspend your access to this Website.

12. Assignment

Yoshinoya HK may assign its rights and obligations under these Terms of Use. You may not assign your rights and obligations under these Terms of Use.

13. Third party rights

No third party (save and except Hung’s) will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms of Use. Notwithstanding any term herein, the consent of any third party is not required to rescind or vary these Terms of Use.

14. Severability

If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect.

15. Force Majeure

If the performance of these Terms of Use or any obligations hereunder is prevented by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, and any failure or delay resulting therefrom shall not be considered a breach of these Terms of Use.

16. Governing law

These Terms of Use shall be governed by and interpreted according to the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between Yoshinoya HK and you in connection with these Terms of Use.

17. Language

These Terms of Use are written in English and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of these Terms of Use, the English version shall prevail.

EFFECTIVE DATE: 1 July 2018

If you have any questions regarding these Terms of Use, please contact us at:

Address : Flat B, 2nd Floor, Hop Hing Industrial Building, 704 Castle Peak Road, Kowloon Hong Kong

Tel : (852) 2371 6371

HUNG’S PRIVACY POLICY STATEMENT

This Privacy Policy Statement (“Privacy Policy”) of Hung’s (as defined below; hereinafter also referred to as “we”, “us” or “our”) discloses how Hung’s collect, store and handle the personal data of customers and/or members of its customer loyalty program(s) (“you” or “your”).

Hung’s means collectively:

• True North Limited, the owner and operator of the customer loyalty program known as YOSHI CLUB; and
• Yoshinoya Fast Food (Hong Kong) Limited, the operator of Yoshinoya restaurants in Hong Kong.

For the purposes of the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong) (“PDPO”) and the General Data Protection Regulation (EU) 2016/679 (“GDPR”), Hung’s is the data user or controller (as the case may be) who controls the holding, processing or use of your personal data and determines the purposes and means of processing of your personal data.

Please read this Privacy Policy to understand how we use the personal data we may collect from you. By providing your personal data to us, you accept this Privacy Policy and to the collection, use, access, transfer, storage and processing of your personal data as described in this Privacy Policy.

1. DEFINITIONS

In this Privacy Policy:

“Affiliates” means:

• [Maria’s Bakery Company Limited], the operator of Maria’s Bakery in Hong Kong;
• Hop Hing Group Holdings Limited, a company listed on the Stock Exchange of Hong Kong Limited (stock code:0047) and its subsidiaries;
• Hop Hing Oil Group Limited and its subsidiaries; and
• any other companies under the same control as True North Limited, Yoshinoya Fast Food (Hong Kong) Limited or any company referred to in (a) to (c) above. For this purpose, a company shall be regarded as being controlled by a person if the company or its directors are accustomed or obliged to act in accordance with the person’s instructions or directions or the person is entitled to exercise or control the exercise of more than half of the voting rights at general meetings of the company.

“direct marketing” shall have the same meaning as defined in the PDPO;

“EU” means the European Union and any other member states of the European Economic Area to which the GDPR is applicable from time to time; and

“personal data” shall mean any information relating to an identified or identifiable natural person.

2. OUR COMMITMENT TO PROTECT YOUR PRIVACY

To ensure that you can make informed decisions and feel confident about supplying your personal data to us, we provide this Privacy Policy outlining our practices, and the choices you have, concerning how your personal data is being collected and used by us.

3. PURPOSES FOR COLLECTION AND USE OF PERSONAL DATA

When you use and/or register as a member of any customer loyalty program offered by Hung’s (including the YOSHI CLUB), you may be asked to provide to Hung’s your personal data (being name, email address, phone number, residential location, work location, age, month of birth and Octopus number). It is mandatory for you to supply the personal data marked with an asterisk on the registration form, failing which you may not be able to register as a member of Hung’s customer loyalty program (including the YOSHI CLUB). It is voluntary for you to supply the personal data not marked with an asterisk. Hung’s may also collect or obtain your spending records with Yoshinoya Fast Food (Hong Kong) Limited and/or the Affiliates.

You acknowledge and agree that for the purpose of providing you with certain services (e.g. App ordering, delivery of e-coupons on yoshinoya.testmeifyoucan.com and/or the YOSHI CLUB Mobile Application), Hung’s may use or combine your personal data with other information including but not limited to the location data and the international mobile equipment identity number in your mobile device. You hereby give your consent to Hung’s to access such information in your mobile device.

We may process and use personal data for one or more of the following purposes and, where you are a data subject in the EU, on the following legal bases:

We may also from time to time use aggregate non-identifying information about our customers to better design our website and/or to improve our services and products. We may provide this information to third parties. However, this information will never identify any single member of our customer loyalty program(s) in particular.

4. LEGAL BASES

Where you are a data subject in the EU, the legal bases for our processing and use of your personal data are set out in section 3 above and further elaborated as follows:

• Consent: where you have consented to our use of your personal data. You may withdraw your consent to the use of your personal data by contacting us.
• Contract performance: where processing of your personal data is necessary for the performance of our contract with you or in order to take steps at your request prior to entering into a contract with us;
• Legal obligation: where we need to use your personal data to comply with our legal obligations;
• Legitimate interests: where our use of your personal data is necessary for our legitimate interests. We will only rely on this basis if we consider that such legitimate interests are not overridden by any interests or fundamental rights and freedoms that you may have, or any prejudice that you may suffer, from the relevant use of your personal data; and
• Legal claims: where your personal data is necessary for us to establish, exercise or defend any legal claims.

5. YOUR RIGHTS

You have the right to request access to, and to request the correction of, your personal data in accordance with the PDPO. We may charge a reasonable fee for the processing of such data access request(s).

In addition, where you are a data subject in the EU, in certain circumstances you have the right under the GDPR to:

• access and rectify your personal data;
• request us to erase your personal data without undue delay;
• restrict how we process your personal data;
• where our processing of your personal data is based on consent, withdraw your consent at any time;
• object to our processing of your personal data on the basis of legitimate interests, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims;
• object to direct marketing (including any profiling for such purposes) at any time;
• receive your personal data which you have provided to us, in a structured, commonly used and machine-readable format and to transmit such data to another data controller without hindrance from us; and
• lodge a complaint with a supervisory authority.

Where you are a data subject in the EU, we will not charge a fee when we deal with your requests to exercise the rights (a) to (g) above.

Any of the foregoing requests and other requests for information regarding policies and practices and kinds of personal data held by us must be in writing and sent to us via the online feedback form at yoshinoya.testmeifyoucan.com or via postal mail to the following address:

The Data Protection Officer,

True North Limited / Yoshinoya Fast Food (Hong Kong) Limited

Flat B, 2nd Floor,

Hop Hing Industrial Building,

704 Caste Peak Road, Kowloon

Hong Kong

6. DISCLOSURE AND TRANSFER OF PERSONAL DATA

Hung’s may share your personal data with the following third parties :

• the Affiliates;
• any agent, contractor or third party service provider (“Service Provider”) who provides administrative, marketing and research, distribution, data processing and analysis, telemarketing, telecommunications, computer, payment or other services to us in connection with the operation of our business, offering of our goods and services and/or of our customer loyalty program(s);
• any companies involved in qualifying, offering or providing customer service, or fulfilling customer requests in connection with our customer loyalty program(s); and
• government or non-government authorities, agencies and/or regulators, dispute resolution bodies, law enforcement bodies and legal advisers.

We will permit the persons specified in (a) to (c) above to use your personal data on our behalf for the purposes set out in section 3.

Subject to us having obtained the necessary consent from you, we may also provide your personal data to the Affiliates for their use in direct marketing. Please refer to section 8 for further details.

Where permitted by applicable law, we may also disclose your personal data to government or non-government authorities, agencies and/or regulators and to dispute resolution bodies, law enforcement bodies, legal advisers and other third parties (i) when required by law, by court order, or in response to a search warrant or other legally valid inquiry; (ii) to enforce our agreements with you; (iii) when requested by government or law enforcement authorities (such as immigration and customs control and/or border control agencies); (iv) with your express consent, or (v) to establish legal claims or defenses, to obtain legal advice, to exercise and defend our legal rights, to protect our rights or properties and those of our subsidiaries or the Affiliates, or to protect the life, body or property of any individual. This also applies when we have reason to believe that disclosing the personal data is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

Please be advised that the personal data that we collect or obtain from you may be transferred to jurisdictions that offer lesser protection of personal data than that provided in your jurisdiction. In particular, we may transfer your personal data to Service Provider(s) in jurisdictions outside the EU and Hong Kong (such as Singapore, which is not the subject of an adequacy decision by the European Union). Such transfer, if subject to the GDPR, would be made with appropriate or suitable safeguards recognized by the GDPR (the details of which can be obtained from our Data Protection Officer as set out in section 5) or with your explicit consent. Such transfer may present possible risks for you due to the lack of an adequacy decision or appropriate safeguards.

7. CHILDREN’S DATA

We permit a child 12 years or older but under the age of 18 to become a member of our customer loyalty program(s) provided that the child has obtained his/her parent’s or legal guardian’s consent before completing the membership registration (which requires the provisions of his/her personal data to us). Once a child member in the EU reaches the age of 16, he/she obtains the right to make decisions in relation to the processing of his/her personal data, although in some countries such right may arise before the age of 16. When such right arises, please pass the latest version of this Privacy Policy to the child member and ensure that the child member is personally happy for his/her membership account with us to continue to be operated and for his/her personal data to continue to be processed by us.

8. NOTICE ON DIRECT MARKETING

We intend to use your personal data for direct marketing purpose. We may not use your personal data for such purpose unless we have received your consent to such intended use. Our direct marketing may be conducted via email, mail, telephone, SMS or other means that are allowed by relevant authorities. In this connection, please note that:

• Your name, email address, phone number, residential location, work location, age, month of birth and spending record may be used by us in direct marketing.
• The following classes of goods and services may be marketed by us using your personal data:
• food and beverages;
• alcohols;
• food ingredients, food preparation materials, oils and seasonings, cooking gadgets and equipment;
• dining, catering and related delivery services;
• customer reward, loyalty or privilege programs and related services, products and facilities; and
• promotions and social events relating to the above matters.

We also intend to provide your personal data to the Affiliates for their use in direct marketing. We may not do so unless we have received your written consent to such intended provision. In this connection, please note that:

• All kinds of personal data described in paragraph (a) above may be provided by us to the Affiliates for their use in direct marketing.
• The Affiliates may use your personal data to market the goods and services as described in paragraph (b) above.

We will use and provide your personal data for direct marketing purpose only in accordance with the PDPO.

You may indicate your consent to the intended use and provision of your personal data for direct marketing purposes above by ticking the box(es) indicating your consent when providing us with your personal data through our website or mobile application.

You may opt-out from receiving our direct marketing communications at any time, free of charge, by:

• following the “opt-out” instructions contained in the communications; or
• updating your communications preference at our websites offering such function from time to time (including https://yoshinoya.testmeifyoucan.com).

9. COOKIE POLICY

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or mobile device when you first visit our web sites.

Cookies will do a lot of different jobs, such as letting you navigate between pages efficiently, identify your behavior, remembering your preferences and generally improving your user experience. They can also help to ensure that the advertisements you see online are more relevant to you and your interests. Cookies also enable us to recognise your device so you do not have to give the same information several times during one task. They also recognise it when you have saved your username and password so that you do not need to repeat this action on every visit to our websites.

We may also use cookies and similar technologies from third parties to help us provide you and others with social plugins and other customized content and experiences. Such third parties may include Facebook and Google.

Some cookies will not collect information that personally identifies you. They will collect more general information such as how users arrive at and use our websites, or a user’s general location. However, some other cookies can identify you and may contain or collect personal data.

When you visit our website(s), you will see a pop-up seeking your consent to the placing and use of cookies on your device including mobile device. You may either give such consent or reject the placing and use of cookies by following the instructions in the section “What if I don’t want cookies?” below.

Session vs persistent cookies

The cookies used on our sites can be categorized as “session” or “persistent”.

“Session” cookies are temporary and once you close the browser window, they are deleted from your device.

“Persistent” cookies remain on your device for a longer period and are used by our websites to recognize your device when you return.

We use both session and persistent cookies.

What if I don’t want cookies?

You can remove existing cookies from your device you can do this using your browser options. If you want to block future cookies being placed on your device you can change your browser settings to do this. For more information on managing cookies see aboutcookies.org, which contains comprehensive information about how to restrict or block cookies on a wide variety of browsers.

Please bear in mind that deleting and blocking cookies will have an impact on your user experience as parts of our website(s) may no longer work properly.

10. AUTOMATED DECISION MAKING

In connection with our business, we will use your personal data to make various decisions about you and your eligibility to access our services, to prevent abusive use of our services, to ensure security of our systems, to detect fraud or to profile you or assign you to a particular segment. Some of these decisions may be taken on an automated basis including by matching your personal data against other information in our possession or against data models created for us. If you are assigned to a segment, we will use the segment information to tailor our marketing communications (if permitted under applicable laws) to include offers and content that are more relevant to you.

11. RETENTION OF DATA

All personal data that has been collected from you will only be stored for the duration that is relevant to the purpose for which it was processed and for as long as required by applicable law.

12. CHANGES TO THIS PRIVACY POLICY

We will post on our websites (including yoshinoya.testmeifyoucan.com) any changes to this Privacy Policy with the effective date of the changed policy, so that you can be informed of the way we collect and use your personal data any time you so choose. If at any point we decide to use the personal data you submitted under this Privacy Policy in a way that differs materially from the Privacy Policy that applied at the time of that submission, you will be notified and given the opportunity via the website, email or in writing to opt out or otherwise prevent such usage.

13. LANGUAGE

This Privacy Policy is written in English and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of this Privacy Policy, the English version shall prevail.

EFFECTIVE DATE: 1 July 2018

If you have any questions regarding this Privacy Policy, please contact us at:

Address: Flat B, 2nd Floor, Hop Hing Industrial Building, 704 Caste Peak Road, Kowloon Hong Kong

Tel : (852) 2371 6371