Privacy Policy

Fivelements Personal Information Collection Statement

This statement is issued by Evolution Wellness (Hong Kong) Limited operating the "Fivelements" brand (hereinafter referred to as "we", "our" or "us") in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) (the "Ordinance"). This statement intends to notify you why your personal data (defined below) is collected, how it will be used, to whom the personal data will be transferred and to whom data access and correction requests are to be addressed.
What is "Personal data"?

"Personal data" is defined under the Ordinance to mean any data:-
a) relating directly or indirectly to a living individual;
b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and
c) in a form in which access to or processing of the data is practicable.

Purpose of Collection

From time to time, we may collect your personal data to provide our services to you and to improve our system so as to make your customer experience better. The personal data collected from you will be used by us for one or more of the following purposes:-

a) registering you as a new customer;

b) processing, administering and managing any contract entered into between you and us;

c) ascertaining the kind of information and services to be provided to you;

d) processing any transactions or payments made by you and maintaining payment records;

e) contacting you or communicating with you via telephone call, text message, fax message, email and/or postal mail;

f) providing information and our services to you;

g) improving our website (https://fivelements.com/);

h) managing our business relationship with you including but not limited to providing you with customer services, notifying you about changes to our terms or our Privacy Policy Statement and asking you to leave a review or take a survey;

i) administering and protecting our business and our website including but not limited to troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data);

j) delivering relevant content and advertisements to you and making recommendations to you about goods and service that may be of interest to you, if we have obtained your express consent to the use of your personal data for this purpose;

k) preventing and detecting frauds, malicious software and managing security incidents;

l) complying with court orders and/or any disclosure requirements under the laws of Hong Kong;

m) collecting and recovering money owed to us; and

n) managing and resolving disputes between you and us including but not limited to responding to legal process, pursuing legal rights and remedies, defending litigation and managing any complaints or claims;

Please note that you are not obliged to provide your personal data to us but if you do not, we may not be able to provide you with our services and/or products.

We will indicate in the relevant forms or applications if the required personal data is for obligatory or voluntary purposes. If personal data is to be used for an obligatory purpose, we will not be able to provide the service for which you are applying if you fail to supply such personal data to us. If personal data is only to be used for a voluntary purpose, you can choose not to supply such personal data to us.
Classes of Transferees

Please note that we may disclose or transfer your personal data to one or more of the following parties in or outside Hong Kong for one or more of the purposes set out in this statement:-

a) our head office, affiliates and subsidiaries which operate the business of providing similar services as those provided to you by us;

b) third party service providers facilitating our provision of services and information to you;

c) third party service providers providing software applications, functionality, data processing and/or IT systems and services to us;

d) third party service providers assisting us in our internal administration and management;

e) third party service providers assisting us with our marketing activities;

f) auditors, lawyers, accountant and other professional advisers;

g) financial institutions, credit card companies, payment processors, credit information or reference bureau, collection agencies;

h) governmental, regulatory or judicial authorities and/or law enforcement body as required by, or in accordance with the applicable laws and/or regulations to which we are subject;

i) third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as us; and

j) any other person or company who is under a duty of confidentiality to us and has undertaken to keep such information confidential, provided that such person or company has a legitimate right to use such information;
Use of Personal Data in Direct Marketing

We intend to use your name, mobile phone number, correspondence address and email address for direct marketing purposes to provide you with information relating to provision of health and leisure facilities through direct-mail, email, telephone, SMS, printed matter, newsletter, brochure and leaflets.

We cannot use your personal data in direct marketing unless we have your consent which includes an indication of no objection to the intended use.

If your do not consent to our use of your personal data for the relevant direct marketing purposes, please indicate accordingly in the relevant forms and/or applications in the designated place by ticking the relevant box. If you do not tick the box, you agree that we may use your personal data for the relevant direct marketing purposes.

If you want to withdraw your consents for us to use your personal data for direct marketing purposes, you may, at any time without charge, contact our Data Protection Officer by sending an email to wellnessts@fivelements.com or a letter to Level 13A, Times Square,1 Matheson Street, Causeway Bay, Hong Kong.
Rights of Access and Correction of Personal Data

Pursuant to the Ordinance, you have the right to request access to and correction of your personal data held by us. Under the Ordinance, we are entitled to charge a reasonable fee to process the access request. If you wish to process or correct your personal data, please contact our Data Protection Officer by email at wellnessts@fivelements.com or by letter to Level 13A, Times Square,1 Matheson Street, Causeway Bay, Hong Kong.

We will comply with the data access or correction request within 40 days after we have received your request. If for reasons provided for under the Ordinance we are of the view that we are unable to comply with your request or that we are entitled to refuse your request, we will notify you with reasons of such refusal within 40 days after receiving the said request from you.

Regarding any data correction request, if the relevant personal data provided by you has been disclosed to a third party during the 12 months immediately preceding the day on which the correction is made and that we have no reason to believe that the third party has ceased using that personal data for the purpose for which the personal data was disclosed to that third party, we will take all practicable steps to supply the third party with a copy of the personal data so corrected accompanied by a notice in writing stating the reasons for such correction.
Change Policy

Fivelements reserve the right to alter any of the clauses contained herein in compliance with local legislation, to meet its global policy requirements, and for any other purpose deemed necessary by the Company.