This policy should be read in conjunction with Owtalk Agreement which should also apply

1.1 Owtalk takes the privacy of your personal data very seriously. This policy explains how and for what purposes Owtalk uses the personal data collected about you via www.owtalk.com (hereinafter referred to below as the “Site”). Please read this privacy policy carefully. By using the Site and any services Owtalk offers via the Site including but not limited to the Service, you are agreeing to be bound by this policy in respect of the personal data collected about you via the Site.

1.2 The words “personal data” as appeared in this Privacy Policy have the same meaning to the words of “personal data” as stipulated in Section 2 of Personal Data (Privacy) Ordinance, Cap.486 of the Laws of Hong Kong (“the Ordinance”) which means any data:-

1.2.1 relating directly or indirectly to a living individual;

1.2.2 from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and

1.2.3 in a form in which access to or processing of the data is practicable

1.3 Owtalk shall:-

1.3.1 fully comply with the rights, requirements and/or obligations as stipulated in the Ordinance including the Data Protection Principles in Schedule 1 of the Ordinance (“the Principles”);

1.3.2 use its reasonable endeavour to take all steps to ensure that the collection and/or storage and/or transmission and/or usage of the personal data by Owtalk shall be done in accordance with the rules and regulations as stipulated in the Ordinance and the Principles;

1.3.3 in case an individual requests access to and/or correction of personal data relating to you held by Owtalk, Owtalk shall provide and/or correct the said personal data in accordance with the rules and regulations as stipulated in the Ordinance.

1.4 If you have any queries about the policy, please get in touch with Owtalk using the contact details set out at www.owtalk.com and Owtalk will do their best to answer your questions.

2.1 Owtalk will collect and gather personal data from you including but not limited to the following for the sale of the goods and/or the provision of Service to you through the Site:-

2.1.1 your name;

2.1.2 your postal and/or contact address;

2.1.3 your e-mail address;

2.1.4 your telephone number;

2.1.5 your banking information; and

2.1.6 your credit card information and if required, the following personal data will also be collected and gathered for the sale of the goods and/or provision of the Service and other services which may be extended or changed from time to time and for the improvement of the Service and the above services including but not limited to:-

2.1.7 data relating to the date and the time of the call, duration of the call and origin and destination of the calls; and

2.1.8 the rate for long distance calls made by you by using the Owtalk Out Service

2.2 Although it is not compulsory to give Owtalk the above personal data, if you do not then Owtalk may not be able to provide you with the full range of services including but not limited to the Service the Site has to offer.

3.1 Subject to the Ordinance and the Principles, Owtalk will use the personal data in order to:

3.1.1 provide the Service to you;

3.1.2 sell the goods to you;

3.1.3 provide customary support which you request;

3.1.4 perform accurate report to you;

3.1.5 administer your accounts with us (including collection of overdue payment(s);

3.1.6 send you information about our products;

3.1.7 send you information about the Service and all other services as provided by Owtalk to you from time to time;

3.1.8 process all orders made by you;

3.1.9 process all application submitted by you;

3.1.10 obtain your views or comments on the products and/or service Owtalk provides to you;

3.1.11 enforcing Owtalk Agreement;

3.1.12 improve our products;

3.1.13 improve the Service; and

3.1.14 any other purpose which have not been mentioned hereinabove

4. Who can share the Personal Data

4.1 Subject to the requirements of the Ordinance and the Principles, Owtalk may provide some necessary personal data about you to other service providers and/or agents, for example, the PSTN-VoIP gateway provider, distributor of Owtalk Software and/or VoIP Service and/or the third party banking organization or other providers of payment services in order to provide the Service to you. Owtalk tells you about this at the point Owtalk collects the personal data on the Site. Please note that certain services may be unavailable if you do not want to disclose the said personal data you are asked for.

4.2 Owtalk may transfer your personal data to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganization, but Owtalk will take steps with the aim of ensuring that your privacy rights continue to be protected including but not limited to requiring the said third parties to take all reasonable steps to protect your Privacy and this will also be done in compliance with the requirements of the Ordinance and the Principles.

4.3 In addition Owtalk may pass your personal data onto one of our carefully selected business partners or to other carefully selected third parties to enable them to send you information which may be of interest to you but only if you have given Owtalk permission to do so and it will only be done so in compliance with the requirements of the Ordinance and the Principles. You can tell us to stop this at any time by sending an e-mail to support@owtalk.com

4.4 Other than those set out above, Owtalk will not disclose any of your personal data without your permission unless Owtalk is required by law to do so (for example, if required to do so by a court order or by order of competent authorities and/or for the purposes of prevention of fraud or other crime).

5. Personal Data automatically collected from your computer

5.1 When you visit the Site, our web server automatically records some of your personal data to enable Owtalk to administer the Site.

5.2 Owtalk may also gather other personal data such as your internet browser type and version which Owtalk may use to provide you with a more effective service.

6. Cookies

6.1 When you visit the Site Owtalk may store some information (commonly known as a “cookie”) on your computer. Cookies are pieces of information that a website like the Site transfers to your hard drive to store and sometimes track personal data and/or information about you. Cookies are specific to the server that created them and cannot be accessed by other servers, which means that they cannot be used to track your movements around the web. Passwords and credit card numbers are not stored in cookies. A cookie helps you get the best out of the Site and helps Owtalk to provide you with a more customized service. Owtalk uses cookies for the following purposes:

6.1.1 Owtalk uses cookies so that you do not have to re-enter your details each time you visit the Site; and

6.1.2 Owtalk uses cookies to track how the Site is used and to improve and update the Content

6.2 You can block or erase cookies from your computer if you want to (your browser’s help screen or manual should tell you how to do this), but certain parts of the Site are reliant on the use of cookies to operate correctly and may not work correctly if you set your browser not to accept cookies.

6.3 Some services provided by Owtalk including but not limited to the Service may not be available if you choose to disable cookies.

7. Information about other products and services

7.1 From time to time Owtalk may send you information about Owtalk’s goods and/or services including but not limited to the Service which Owtalk think may be of interest to you.

7.2 You can tell Owtalk to stop this at any time by sending an e-mail to support@owtalk.com.

7.3 Also, as mentioned above, Owtalk may pass your personal data onto one of our business partners or to other selected third parties to enable them to send you information which may be of interest to you but only if you have given Owtalk’s permission to do so. You can tell Owtalk to stop this at any time by sending an e-mail to support@owtalk.com.

8. Access to, Correction and Changes of Personal Data

Access to Personal Data

8.1 Owtalk aims to keep your personal data as accurate as possible.

8.2 If you would like to have access to your personal data, you may either:-

8.2.1 send a written request duly signed by you together with appropriate proof of identity to Room 2205, 22/F., West Tower, Shun Tak Centre, 168 Connaught Road, Central, Hong Kong for processing; or

8.2.2 present a written request duly signed by you in person along with appropriate identification, at Room 2205, 22/F., West Tower, Shun Tak Centre, 168 Connaught Road, Central, Hong Kong where the staff of Owtalk will verify your identity and process your request.

8.3 Upon satisfying itself of the authenticity and validity of your request, Owtalk will use it reasonable endeavour to comply with your request in accordance with the rules and regulations of the Ordinance.

Correction and/or changes of Personal Data

8.4 If you would like to correct and/or change your personal data, you may write to Owtalk at the address as mentioned hereinabove that, (1) in case of correction of personal data by specifying the incorrect data which have to be corrected together with reasons thereof and the correct data; (2) in case of the change of personal data by specifying the changed data together with reasons thereof and in both events, to provide with Owtalk the appropriate proof of identity verifying that you are authorized to make such a request.

8.5 Upon satisfying itself of the authenticity and validity of your request, Owtalk will use its reasonable endeavour to comply with your request in accordance with the rules and regulations of the Ordinance.

9. Security

9.1 Owtalk has implemented technology and policies to safeguard and protect your privacy from unauthorized access to and improper use and/or disclosure of your personal data.

9.2 Encryption technology may be employed for the transmission of your personal data collected online.

10. Linking to third party websites

10.1 Owtalk cannot be responsible for the privacy policies and practices of other sites even if you access them using links from the Site and recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.

10.2 In addition, if you linked to the Site from a third party site, Owtalk cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.

11. Transferring your personal data outside of Hong Kong Special Administrative Region

11.1 As part of the services offered to you through the Site including but not limited to the Service, the personal data you provide to Owtalk may be stored in and/or transferred to countries outside of the Hong Kong Special Administrative Region. By way of example, this may happen if any of Owtalk’s servers are from time to time located in a country outside of the Hong Kong Special Administrative Region or one of Owtalk’s service providers is located in a country outside of the Hong Kong Special Administrative Region. Owtalk also share your personal data between our group companies including but not limited to Owtalk Group, which are located in countries worldwide. These countries may not have similar data protection laws to the Hong Kong Special Administrative Region. If Owtalk transfers your information outside of the Hong Kong Special Administrative Region in this way, Owtalk will take step with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy and in compliance with the requirements of the Ordinance and the Principles.

11.2 If you use our services including but not limited to the Service while you are outside the Hong Kong Special Administrative Region, your personal data may be transferred outside the Hong Kong Special Administrative Region in order to provide you with those services. Owtalk will take step with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy and in compliance with the requirements of the Ordinance and the Principles.

12. Contact Owtalk

If at any time you would like to contact Owtalk with your views about Owtalk’s privacy practices, or with any enquiry relating to your personal data, you can do so by sending an e-mail to Owtalk at support@owtalk.com or write to Owtalk Limited at Room 2205, 22/F., West Tower, Shun Tak Centre, 168 Connaught Road, Central, Hong Kong and Owtalk will take all necessary actions in accordance with the laws and/or regulations and/or legislations.

13. Change of Privacy Policy

© Owtalk – Last revised:December 2006.