PERSONAL INFORMATION PROTECTION POLICY OF MCM
(Considering the relevant national laws and regulations are being continuously promulgated and amended, this Policy will be updated from time to time. Your continuous kind attention will be much appreciated.)
Effective Update Date: [April 1, 2020]
We, MCM China Inc. (Place of incorporation: [Room 1701,1702, No.1468 West Nanjing Road, Jingan District, Shanghai, China], Hereinafter referred to as “we”, “our” or “MCM”) respect and protect your personal information. This Policy explains the way MCM collects, uses and stores your personal information and what rights you have under MCM Personal Information Protection Policy (Hereinafter referred to as “this Policy”) when you browse our website or use our products and services. This Policy is applicable to the clients/consumers/business partners situated in the People’s Republic of China with the service offered in Chinese language (excluding Hong Kong, Macau and Taiwan). Understanding this Policy is necessary to use the products and services of MCM. We recommend that you carefully read and understand the full content of this Policy so that you may make relevant choices as you deem appropriate. We have tried to use plain and concise languages and to mark clauses that could materially affect your rights and interests in bold, to bring them to your attention. We encourage you to carefully read the Policy so that you could better understand our service and make the reasonable choice.
By affirmatively clicking on the “I agree” button during the account registration process, or accessing our websites, social media platforms, WeChat mini programs, or voluntarily providing your personal information to our customer centers, MCM’s offline direct-sale stores, etc. after affirmatively selecting “I agree”, you are acknowledging that you have carefully read, understand and agree with this Policy. If you do not agree with this Policy, please refrain from logging in or using our website and our services or refuse to provide us with your personal information.
I. How we collect and use your personal information by MCM
(i) Methods and Channels to collect your personal information
We mainly use the following methods and channels to collect your personal information. Before collecting, we will explain to you the scope and purpose to collect such information necessary to provide or optimize the quality of products and service and obtain your authorization.
• www.mcmworldwide.com (the “Website”);
• Emails, texts, and other electronic messages between you and the Website;
• Social media platforms (including but not limited to MCM’s WeChat official account, WeChat mini programs, Weibo official account, etc.)；
• MCM Tmall flagship store, MCM Tmall outlet store or other e-commerce platforms which are in corporation with MCM;
• Officially operated offline stores by filling in customer information cards or using related electronic devices (including but not limited to IPAD) ;
• Marketing activities, membership, purchase, registering newsletters, filling out online survey forms, participating in contest and promotional activities, etc.;
• Official online and offline channels operated and managed by MCM;
• Other personal information obtained from other third parties legitimately.
(ii) Information Type and Purpose of Collection and Use
During your use of our services through the aforementioned channels, we may collect and process the following information from you:
• To help you subscribe to MCM's social media accounts, receive related pushes, or authorize you to log in to this website and WeChat Mini Program through social media accounts, we will collect alias and avatars of your social media accounts;
• To verify your identity and create your MCM member account, we will collect your mobile phone number, account number and password;
• In order to process your order and complete the delivery of goods, we will collect your purchase information and price, name, address, phone number, email address;
• To help you complete your payment, we will collect your debit card, credit card or Alipay account number and billing address;
• To recommend you MCM stores, we will collect your location information;
• In order to improve the quality of member services, we will give you membership benefits such as coupons, discount opportunities, birthday gifts, etc., we will collect your gender, birthday, address, email address, and social media account;
• To improve your experience of visiting this website, we will collect your IP address, website visit history, traffic data, location data, web logs and other communication data;
• When you use messages, comments, consultations, questionnaires and other related functions on this website or social media, we will collect information such as text, photos, videos, comments, questionnaire responses uploaded by you.
The information we collect is necessary to achieve the functionality you want. We store information in an encrypted manner, and you can delete it at any time. Unless you authorize MCM or in order to comply with relevant laws and regulations, we will not provide the above information or use it for other purposes than this function.
(iii) Exceptions to your authorized consent
In accordance with relevant laws and regulations and national standards, we may collect and use your personal information in accordance with the law in the following circumstances without your consent:
1) Directly related to national security or national defense;
2) Directly related to public safety, public health or vital public interests;
3) Directly related to criminal investigation, prosecution, trial and execution;
4) We have sufficient evidence to prove that you conduct acts in bad faith or abuse your rights;
5) The personal information collected is disclosed to the public by yourself;
6) Collect personal information from legally publicly disclosed information, such as legal news reports, government information disclosure, etc.;
7) Necessary to sign and perform the contract according to your requirements;
8) Necessary to maintain the safe and stable operation of the services provided, for example, to discover and handle the malfunction for certain products and services ;
9) Other circumstances as stipulated by laws and regulations.
II. How we share and protect your personal information by MCM
1. Cross-border data transmission. If due to business needs and it is necessary for providing you the better service, you understand and agree, we will transfer relevant personal information collected in China to the MCM Group's overseas affiliated institutions or partners located in Korea, Europe, United States, Singapore and Japan. We will implement the regulations in accordance with laws, administrative regulations and relevant regulatory authorities. We will require these foreign institutions to keep confidential of your personal information by signing agreements, monitoring, and other effective measures. In addition, we will conduct security assessments in accordance with laws, regulations and national standards and meet their requirements.
2. Management and policies concerning data security. We undertake to maintain information safety to the level as specified by the Law, etc. In order to keep your information safe, we commit to applying various safety technologies and associated management systems to protect your information from being disclosed, destroyed or lost. We will implement the necessary management mechanisms and reasonable technical measures in accordance with applicable laws, regulations and relevant requirements of national standards to protect your personal information. However, we cannot anticipate and guard against all legal, technical, and other risks at any time, including but not limited to service interruptions, data loss, and possible loss due to viruses, Trojans, hacking, system instability, government actions, etc. and other losses, therefore, you understand and agree that to the extent permitted by law, we do not assume any legal liability for any incidental, special, or indirect damages or claims arising out of the foregoing unforeseen circumstances.
3. The security of your account and password. Please be sure to keep your account and password safe. When you access or use our services, we will identify you by your account number and other identity elements. Once you disclose the above information, you may suffer losses and may have legal consequences that are unfavorable to you. If you find that your account or password has been illegally used or has been used abnormally, you agree to contact MCM directly at email@example.com to let us know so that we can take action to avoid or reduce the loss.
4. Period of information storage and delete your information. Further, we will only store your personal information during the period which is necessary for the purpose of this Policy or required or permitted by the applicable Laws, etc. If we stop the provision of services or business operation, or your personal information become unnecessary to achieve the above purpose, we will promptly cease to continuously collect your personal information and may give notice to you individually or by publishing notifications. We will also delete or de-identify your personal information possessed by us without delay.
III. How we use your personal information
1.In order to comply with national laws, regulations and regulatory requirements, as well as to provide services to you and improve the quality of your services, or to protect the security of your account and funds, we will use your information in the following situations:
• Push advertising and marketing content;
• Push subscription information and other information through your email address, mobile phone number;
• Verify user identity and create MCM member accounts;
•Process orders, sales, complete payment and delivery of goods;
• Recommend nearby MCM stores;
• Display customer reviews, feedback or other content on this website and social media pages;
• Process orders, sales and distribution products;
• To ensure the stability and security of our services, we use your information for authentication, security, fraud monitoring, prevention or prohibition of illegal activities, risk reduction, archiving and backup purposes;
• Report to relevant authorities in accordance with legal or regulatory requirements;
• Invite you to participate in customer research related to our products or services;
• We will conduct statistics, analysis and processing of your information to provide you with more accurate, personalized, smooth and convenient services, or to help us evaluate and improve related products, services and operational activities. We may provide you with marketing campaign notices, commercial electronic information or advertisements that may be of interest to you based on the above information. If you do not wish to receive such information, you may choose to unsubscribe or send the email directly at firstname.lastname@example.org to cancel;
• When you provide us with your personal information through the “Business Partnership” section on the Website, we will use such personal information to evaluate your business qualifications, to further contact you and for other purposes and objectives which are necessary to the development of business cooperation between you and MCM.
2. We may also obtain non-personally identifiable information from third parties. We use this data to provide better service to users/consumers, tailor our services to users/consumers' preferences, edit and analyze statistics, understand trends, manage and improve our services to bring you a better experience and personalized service.
3. When we use the information for other purposes not covered by this Policy, we will confirm and re-acquire your legal consent in accordance with the requirements of laws, regulations and national standards.
IV. How we entrust, share, transfer your personal information(i) Delegation of data processing
If it is necessary for providing you with better or satisfactory products or services, we may engage third-party service providers to store, analyze or process your personal information. The above third-party service providers will store, analyze or process your information on behalf of MCM. These third parties may collect information such as your IP address, web access history, online customer service consultation data, problem feedback data, App statistics, etc., and use it for software and product optimization, management and enhancement of customer data, providing customer service, and evaluating your interest in our products and services, pushing personalized ads to you, and conducting customer surveys or satisfaction surveys.
MCM also ensures that we will comply with the following requirements when delegating such third parties to process your personal information:
1. MCM will not store, analyze or process information beyond the scope authorized by you;
2. MCM will make prior assessment on whether third-party service providers are qualified to maintain data security, in order to make sure they are eligible according to the Laws, etc.
3. MCM will require the third-party service providers to comply with the applicable obligations by contract scheme, to follow all of the applicable Laws, regulations, industry rules and standards, business norms and practices of the jurisdiction in which you reside, and to be subject to obligations hereunder with the same or comparable standard adopted by MCM to protect your information.
4. MCM will accurately record and regularly audit the activities of the delegated third parties to process personal information in order to protect information safety and ensure your effective access to and control over your information.
5. MCM will require third-party service providers to delete your personal information and destroy all data copies upon the termination of the principal-agent relationship via written agreement(s).
(ii) Data sharing and transferring
In principle, we will not share or transfer your personal information to any third party companies, organizations and individuals. In the following exceptional circumstances, we will share your personal information for legal, reasonable and necessary purposes. Third parties receiving such data have no right to share and transfer personal information for any other usage that you are not advised of by this Policy.
1. Sharing information is necessary for providing products and services to you and upon your prior express authorization or consent
You understand and agree that if it is necessary to provide you with better or satisfactory services, MCM may share your personal information with its affiliates or any other third-party service providers upon your prior consent to the subject Personal Information Protection Policy.For instance, when you purchase products through the website of MCM, we may share the information of your transactions with banks or the counterparty of your transactions to prove the authenticity of the transactions and protect your lawful rights and interests. Meanwhile, we must share the information of your address with shipping service providers for arranging the delivery of our products. We will share your shopping-related information with a third-party e-commerce platform or franchisee which is in partnership with MCM to provide you with more consumer and purchasing channels and options. We will share your contact information with third-party social media platforms operated or in partnership with us so that they can communicate with you. MCM ensures that we will comply with the following requirements when sharing your personal information with the above third parties:
1) MCM will conduct prior assessment of impacts on personal information safety and adopt effective measures to protect your personal information based on the result of the assessment.
2) MCM will accurately keep the records of sharing or transferring your personal information, including but not limited to the date, scale, purpose of sharing and transferring your information, and basic information of data receiving parties, in order to help you to learn about storage and usage of your information by the receiving parties.
3) MCM will keep your information safe, and ensure effective access to and control over the information, e.g. access to, correct, delete and cancel the account, etc.
4) MCM will exert commercially reasonable efforts to cause third parties to follow all applicable laws and regulations as well as agreed confidentiality and safety measures when processing your personal information.
2. Transfer information when MCM has undergone acquisition, merger or reorganization
With the continuous development of our business, MCM may engage in transactions including mergers, acquisitions and assets transfers. We will notify you of relevant facts and continuously protect or cause data receiving parties to continuously protect your personal information pursuant to the Laws, etc. or, in each as ask required by laws and regulations and with no less than the standard under this Policy.
3. Information sharing within MCM Group
MCM may share and receive personal data within the MCM's affiliated group of companies, so that MCM may inform you of other products that may be of interest to you, improve your shopping experience, and improve our Website design. For the purposes mentioned above, we may also disclose personal data (such as IP address, email and phone number) to MCM's affiliated group of companies and our franchisees either in China or overseas, including but not limited to Korea, Europe and United States. At the same time, the personal data may be stored at the oversea servers， including but not limited to Korea, Europe, United States, Singapore and Japan. We require MCM's affiliated group of companies and our partners we work with comply with this Personal Information Protection Policy and use your personal data reasonably and lawfully. (If you require MCM to provide the list of relevant affiliates and franchisees/licensees, please timely contact the hotline: 400-842-1976 or send the email at email@example.com, MCM will feedback at soonest.)
4. Share your personal information pursuant to the Laws, etc. and mandatory requirements imposed by regulatory authorities.
We may provide your personal information to the competent regulatory agencies pursuant to the Laws, etc. the court orders or any other provisions of legal proceedings, or mandatory requirements imposed by administrative or judicial bodies. Information sharing under this circumstance may not require your prior authorization or consent.
V. How to check, update, modify and delete your personal data
You can help MCM maintain the accuracy and validity of your personal data by updating the setting in My Account where you may change your name, billing & shipping address books, title, birthday, phone number, e-mail address, view your order history, or your content preferences. If at any time you wish to update your information or preferences, or you prefer to stop receiving communication from MCM, please feel free to update your preferences in My Account or contact us in time. For technical questions, please contact our customer service at firstname.lastname@example.org at any time. We will respond to you within a reasonable period of time.
VI. How we apply Cookie technology
1. How we apply Cookie technology.
To give you better service experience, when you visit our Website or use our services, we may identify you by small data files (such as cookies), which can save you the need to repeatedly enter your registration information. Or help determine the security status of your account. Please understand that some of our services can only be implemented by using cookies. You can modify the acceptance of such cookies or refuse to accept them as your browser allows. The Help Settings section of most browsers' toolbars tells you how to completely turn off cookies or refuse to accept new cookies. However, in some cases this may affect your ability to securely access the website and use the services we provide.
3. Third party cookies or Beacons that may exist on Website. Our products and services may contain third parties’ Cookies or Beacon. Our products and services may have imported Cookies and Beacon placed by advertisers or other partners. These Cookies and Beacons may collect non-personal information from you to analyze your usage of services, send advertisements you may be interested in or assess the effects of advertisements. Cookies and Beacons applied by third parties for collecting and using such information are not bound by this Policy but only subject to their own privacy policies. Therefore, we shall not be liable for Cookies or Beacons used by third parties.
4. How to refuse or opt-out to apply Cookie technology or Beacon technology. You can refuse to or manage to opt-out Cookies, etc. through your web browser settings. However, please note that if you disable Cookies or Beacons, you may not enjoy certain services may also be unavailable to you.
VII. Statement of liabilities to third parties
Please note that third-party Website operators you visit, third-party service (e.g. social media or other service link) access to through us and third parties receiving your personal information from MCM may have their own privacy policies. These third parties may collect and use your personal information when you view pages created by third parties or use applications developed by third parties. Please note that we are not directly involved in the abovementioned third parties’ data collection and use, therefore are not liable for this. The third parties’ data collection is bound by their own private policies.
We will use commercially reasonable efforts to have these third parties adopt data protection measures on your personal information. However, we may not guarantee that they will 100% follow our requirements. You can opt out these third parties’ services, following the corresponding parts in their private policies if you wish them not to further collect or use your personal information. If you find that these third-party created web pages or third-party developed applications are at risk, we recommend that you terminate the operation to protect your legal rights.
VIII. Age Limit and Protection of Minors' Personal Information
1. Our Site is not intended for children under 18 years of age. No one under age 18 may provide any personal data to or on the Site. We do not knowingly collect personal data from minors under 18. If you are under 18, do not use or provide any information on this Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name that you may use.
2. If we learn we have collected or received personal data from a minor under 18 without verification of parental consent, we will delete that data. If you believe that we might have any data from or about a minor under 18, please contact us at email@example.com.
IX. Scope of and amendment to this Policy
1. This Policy applies to users/consumers/business partners from whom we collect data within the People’s Republic of China (excluding Hong Kong, Macau, Taiwan). This Policy does not apply to any third party (including our affiliates or affiliates, or franchisees/licensees) and online or offline stores that are not directly operated by MCM, and other Websites using language other than Chinese to serve overseas consumers, including any applications or content (including advertisements) that are linked to or available through the aforesaid Websites.
2. We reserve the right occasionally to make changes to our Personal Information Protection Policy or practices. We will post the updated policy on the Website, and thus we encourage you to review this page from time to time, particularly each time you use the Website. Your continued use of the Website, e-commerce platforms, social media, programs, or do not submit any written objections to us after we make updates or changes to the Personal Information Protection Policy is deemed that you have fully read, understood and accepted the updated Policies. You may also find this Policy in the social media platforms of MCM. We encourage you check our Personal Information Protection Policy whenever you access to our services.
X. Candidate information collection and processing
We will collect your personal information through the headhunting company and requiring you to fill out relevant forms online and offline. We will make sure that the personal information we obtained from the headhunting company has legitimate source. If you are not hired, your personal information may be retained by us for reasonable time period for internal management and re-hiring of your needs. After the employment, we will collect, use, process and store your personal information pursuant to the “Employee Handbook”. Please refer to this Policy for other relevant information.
The personal information you fill out for employment includes, but is not limited to, the following: name, age, ID number, education, school and study rankings, We Chat account number, mobile phone number and email address, emergency contact (you have already obtained the consent of the emergency contact before you provide us with emergency contact information), contact information, work experience, photos, etc.
For personnel management purposes (positions, salary approvals, etc.), you understand and agree that we will transfer relevant personal information (e.g. name, department, date of entry, salary information, etc.) collected in mainland China to MCM Group's affiliates or institutions located in Hong Kong. We will implement the regulations in accordance with laws, administrative regulations and relevant regulatory authorities. We will require these foreign institutions to keep confidential of your personal information by signing agreements, monitoring, and other effective measures. In addition, we will conduct security assessments in accordance with laws, regulations and national standards and meet their requirements.
XI. Contact us
For any comments or suggestions that you might have regarding the information practices described in this Policy or any advices or complaints about how we protect our users’ personal data, please feel free to contact us through 400-842-1976 or at firstname.lastname@example.org.