Privacy Policy

1. Vermillion’s Privacy Policy

Welcome to Vermillion’s privacy policy.

This privacy policy discloses the privacy practices of Vermillion and applies solely to the information collected on Vermillion’s website at http://www.VermillionLifestyle.com. This page aims to inform you of our policies regarding the collection, use and disclosure of personal information we receive from users of our website (regardless of where you visit it from), as well as how we look after your personal data and tell you about your privacy rights and how the law protects you.

Vermillion values the privacy of our users and is committed to protecting your personal data. The data collected will only be used for providing services to you and improving your experience on our website. By using our website, you agree to the collection and use of your personal information in accordance with this Policy. Before using Vermillion’s website, we advise you to read this privacy policy and contact us via email if you have any concerns.

2.  Introduction to this Policy and Who We Are

Purpose of this Privacy Policy

This privacy policy aims to give you information on how Vermillion collects and processes your personal data through your use of our website, including any data you may provide through our website when you list and sell a product, purchase a product or create a Buyer Account or a Supplier Account.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Vermillion Lifestyle Holdings Limited is the controller and responsible for your personal data (collectively referred to as “Vermillion”, “we”, “us” or “our” in this privacy policy).

Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

3. What Information Do We Collect About You?

We use different methods to collect data from and about you including through:

Direct interactions

You may give us your Identity, Contact and Financial Data by filling in forms on our website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • purchase products on our platform;
  • offer to sell products on our platform;
  • create an account on our website;
  • sign up to receive marketing material; or
  • give us feedback or contact us.

Vermillion may also contact suppliers confidentially to request more information about the products that they have listed for sale on the platform, or from buyers to ensure their compliance with our policies and applicable law.

To use certain services on our platform, you may also be required to complete an application. Information that you submit through the application process will not be displayed publicly and will only be used internally by Vermillion and its service providers, unless otherwise specified. 

Automated technologies or interactions

As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, [server logs] and other similar technologies. All the information that is automatically shared with us is stored in log files and is collected automatically. [We may also receive Technical Data about you if you visit other websites employing our cookies.] [Please see our cookie policy [INSERT LINK] for further details.]

Third parties or publicly available sources

We will receive personal data about you from various third parties and public sources as set out below:

  • Technical, Identity and Usage Data from analytics providers such as Google Analytics. We may use analytics service providers, such as Google Analytics, to collect information regarding visitors to our website, such as their behaviour on our website or information about their demographic. Vermillion and third party vendors may use first party cookies (such as the Google Analytics cookie) and third party cookies to collect and store information. For more information about Google Analytics, see https://www.google.com/policies/privacy/partners/. To opt out of Google Analytics, visit https://tools.google.com/dlpage/gaoptout.
  • Contact, Financial and Transaction Data from providers of payment services such as Stripe. Stripe is our third party payment processor, who will process all payments taking place on our platform. Stripe will collect, use and process user’s information, including any relevant payment information such as your name, bank details, email address and other data in accordance with their privacy policies. You can access their privacy policy via the following link: https://stripe.com/en-hk/privacy.

Contact, Financial and Transaction Data from providers of delivery services such as Easyship. We have partnered with logistics company Easyship to provide logistics support for you. Easyship will collect personal information from you in accordance with their privacy policy. This will include your name, address, email, payment information (either credit card details and/or Paypal account details) and other similar pieces of personal data. For a more comprehensive look at 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data including first name, last name, username or similar identifier, birthday, company name and proof of identification.
  • Contact Data including billing address, delivery address, registered office address, email address and telephone numbers.
  • Financial Data including bank account and payment card details.
  • Transaction Data including details about payments to and from you and other details of products and services you have purchased from us or offered for sale on our website.
  • Technical Data including internet protocol (IP) address, your login data, browser type and version, date/time stamp, time zone setting and location, browser plug-in types and versions, operating system and platform, clickstream data, and other technology on the devices you use to access this website.
  • Profile Data including your username and password, sales and items you listed for sale, the number of items you have sold, purchases or orders made by you, your interests, preferences, feedback, ratings, reviews and information relating to items you review, your supplier pages and policies, comments you post in our community spaces, and information you decide to share via social networks.
  • Usage Data including information about how you use our website, products and services.
  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.

[We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.]

The information that we gather is used in connection with our services, including to personalize, provide, and improve our services to you, allow you to set up a user account and profile, contact you, enable fulfilment of requests for certain products and services, fulfil your orders and enable you to make payments and to analyze your usage of our website and services.

Please note that we do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have ordered from us but we will notify you if this is the case at the time.

4. How is Your Personal Data Collected?

  • Easyship’s privacy policy, this can be found via the following link: https://www.easyship.com/legal/privacy.
  • Technical Data from providers of domain hosting services such as Omnify. Vermillion’s website is hosted on Omnify’s platform. In accordance with Omnify’s privacy policy, Omnify may collect your log files, such as your internet protocol (IP) address, browser type, Internet service provider (ISP), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer our website. Additionally, Omnify and its partners use cookies or similar technologies to track user data. Omnify may also collect more personal information in accordance with their privacy policy, which may be accessed at https://www.getomnify.com/privacy-policy.

Identity and Contact Data from publicly available sources such as companies registries of various jurisdictions where businesses applying to become a supplier on our platform may be based, as well as data from other sources such as public databases, joint marketing partners and other third parties. 

5. What do we do with this Information That You Provide Us?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which We will use your Personal Data

Vermillion ensures that the collection of personal information is solely for the purposes below:

  • Account creation, access and management.
  • Order processing.
  • Order fulfilment.     
  • Payment confirmation.
  • Pay-out to suppliers on our platform.
  • To provide our customers with delivery updates.
  • To manage our relationship with our customers and suppliers and to support their activities on our platform.
  • To improve/customize/modify the layout of our website for the purpose of improving user experience.
  • To identify our users and visitors and carry out research on our users’ demographics for the purposes of improving our customer experience and service offerings.

Here below we set out a description of all the ways we plan to use your personal data matched against the legal bases that we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer and holder of a Buyer Account

(a)    Identity

(b)    Contact

(c)    Profile

Performance of a contract with you

To register you as a new supplier and holder of a Supplier Account

(a)    Identity

(b)    Contact

(c)    Financial

(d)    Profile

Performance of a contract with you

To process and deliver your order including:

(a)    Manage payments, fees and charges

(b)    Collect and recover money owed to us or the supplier

(a)    Identity

(b)    Contact

(c)    Financial

(d)    Transaction

(e)    Marketing and Communications

(a)    Performance of a contract with you

(b)    Necessary for our legitimate interests (to recover debts due to us or the supplier)

To manage our relationship with you which will include:

(a)       Notifying you about changes to our terms and conditions or privacy policy

(b)       Asking you to leave a review or take a survey

(a)    Identity

(b)    Contact

(c)    Profile

(d)    Marketing and Communications

(a)    Performance of a contract with you

(b)    Necessary to comply with a legal obligation

(c)    Necessary for our legitimate interests (to keep our records updated and to study how customers or suppliers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a)    Identity

(b)    Contact

(c)    Technical

(a)    Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b)    Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a)    Identity

(b)    Contact

(c)    Profile

(d)    Usage

(e)    Marketing and Communications

(f)     Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a)    Technical

(b)    Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a)    Identity

(b)    Contact

(c)    Technical

(d)    Usage

(e)    Profile

(f)     Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

To prepare marketing material to feature suppliers and their products on and off the platform

 

(a)    Identity

(b)    Transaction

(a)    Performance of a contract with you

(b)    Necessary for our legitimate interests (to execute our marketing strategy)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us [or purchased goods or services from us and you have not opted out of receiving that marketing].]

Third-Party Marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

[Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, sales of a product, product/service experience or other transactions.]

Cookies

Like many sites, we also use “cookies” to collect information. Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. It is widely used in order to make websites work and to improve their efficiency, as well as to provide website usage information to the website owner.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a personalised experience when you browse our website and also allows us to improve our site.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible to you or may not function properly.

Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Definitions

For the purpose of this Section:

Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract” means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation” means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

6. Disclosures of Your Personal Data

By using our services, Vermillion may pass relevant collected information onto our third party logistics partners or third party payment partners where necessary to process your order, payments and delivery. This would include, but may not be limited to, your Identity, Contact, Financial and Transaction Data, as well as other related information. More information on this can be found in Section 4.3 above.

Vermillion will not sell, share or trade your personal information with third parties except in the manner aforementioned.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. International Transfers

Vermillion operates a global service with our company based in Hong Kong. By using our services and our platform, data collected on our EU customers may be transferred and processed at our head office in Hong Kong as well as to partners of Vermillion for purposes described in this privacy policy, including for order processing and fulfilment and payment processing.

Hong Kong, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in Hong Kong, it may be accessed by government authorities in accordance with Hong Kong law.

To the extent that Vermillion is deemed to transfer personal information outside of the EEA, we rely on the following legal basis to transfer your information:

Necessary for the Performance of the Contract between Vermillion and its customers

Vermillion provides a voluntary service; you can choose whether or not to use our services. As we operate in countries worldwide and use first and third party technical infrastructure in countries and regions including but not limited to Hong Kong, the USA, and the European Union to deliver our services to you, in accordance with the contract between us (either our Terms & Conditions [INSERT HYPERLINK] or our Services Agreement (as the case may be)), we need to transfer your personal information to Hong Kong and to other jurisdictions as necessary to provide our services to you. Simply put, we can’t provide you with our services and perform our contract with you without moving your personal information around the world

8. How is your personal information secured?

The security of your personal information is important to us. We make reasonable efforts to ensure a level of security appropriate with the risk associated with the collection of relevant personal information. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

Unfortunately, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, there may still be an occasional lapse. If you feel that any interaction with us is no longer secure (e.g. your account security has been compromised), please contact us at cs@vermillionlifestyle.com immediately and we will look into it.

In addition, we also limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Your Vermillion account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using our platform.

9. Data Retention

Vermillion will only retain your personal information for as long as is reasonably necessary to fulfil the purposes we collected it for (including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements), for as long as your account with our platform is active (i.e. for the lifetime of your Vermillion Buyer Account or Supplier Account (as the case may be)), or as needed to provide the services to you. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Please note that Vermillion suppliers may also be required to retain your personal information in order to comply with their own legal obligations.

If you no longer want Vermillion to use your personal information to provide services to you, you may close your account on our platform. However, closing your account may not free up your email address, username or shop name for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

In some circumstances you can ask us to delete your data: see Section 10 below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10. Your Legal Rights and Choices

Your Choices

As a user of our platform, you have choices regarding our use and the disclosure of your personal data:

  • You may opt out of receiving electronic communications from us. We will try to comply with your request(s) within a reasonable timeframe. Please note that although you may have opted out of receiving marketing-related emails from us, we may still send you important administrative messages that are necessary to provide you with our services.
  • You may change or update your account personal data. If you would like to correct or update personal data that you have previously disclosed to us, you may do so by signing into your Vermillion account or by contacting us.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Depending on your location and subject to applicable law, you may have the following rights with regard to the personal data we control about you:

  • The right to request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • The right to request that Vermillion rectifies or updates personal data that we hold about you that is inaccurate, incomplete or outdated. However, we may need to verify the accuracy of the new data you provide to us.
  • The right to request that Vermillion erase your personal data in certain circumstances provided by law. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • The right to object to Vermillion processing your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • The right to request that Vermillion restrict the usage or processing of your personal data in certain circumstances. This enables you to ask us to suspend the processing of your personal data scenarios such as: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • The right to request that Vermillion export, if technically and legally feasible, your personal data that we hold in service to another company or to you. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • The right to withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, you may contact Vermillion as described in the Contact Us section below. We take each request seriously, and will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your personal data.

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What We May Need from You

For your protection, we may need to verify your identity before responding to your request to ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. This may include verifying that the email address from which you sent the request matches your email address that we have on file. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit to Respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11. Changes to the Privacy Policy and Your Duty to Inform Us of Changes

We may amend this policy from time to time depending on changes to our platform and services. If we believe that the changes are material, we will let you know through one of the following methods: (a) posting about the changes on our website; and/or (b) sending an email to you about the changes. We encourage you to check back regularly to review any updates so that you are in compliance with our privacy policy.

To ensure the quality of our services to you, it is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

12.  Contact

If you have any questions about this privacy policy or our privacy practices:

Please feel free to contact our customer support team at cs@vermillionlifestyle.com