The Cheesecake Factory | Privacy Policy

PRIVACY POLICY STATEMENT

Last updated: July 1, 2015

Smart United Asia Limited, a subsidiary of Maxim’s Caterers Limited, is an authorized licensee of “The Cheesecake Factory” trade name and trademark. “We”, “us”, and “our” refer collectively to Smart United Asia Limited (“SUA”), and its subsidiaries and affiliates.

“You”, “your”, “users”, “subscriber” and “applicant” refer to any person and/or entity that accesses thecheesecakefactory.cn or any social media platforms related to The Cheesecake Factory in China or SUA (including, but not limited to Facebook, Instagram and Weibo) (collectively, “this Website”) for any reason.

SUA recognizes the importance of your privacy. This privacy policy statement (“this Privacy Statement”) explains how personal data is collected and used by us. Personal data include but not limited to your name, gender, birth month, contact details, email address, location, job related information and social media platform IDs (“Data”). Please read this Privacy Statement carefully. By accessing or utilizing services of this Website means that you have accepted the terms of this Privacy Statement. If you are unwilling to be bound by the following terms, please do not use this Website. If you have completed any form via this Website and pressed the button “Submit”, you have expressly indicated that you have read and understood this Privacy Statement and agreed to how personal data are collected and used as provided in this Privacy Statement. We reserve the right to change or modify the contents of this Website at any time and unilaterally change this Privacy Statement without notification. You should regularly check whether this Privacy Statement has been modified via this Website, as your continued use of this Website indicates your acceptance of any change to this Privacy Statement. However, if the modification might materially affect the way we use or disclose your information (including your personal data) (“Data”), we will ask for your consent prior to any modified use.

Collection of Data and its purposes: When you use this Website to submit an application, make inquiry, and/or otherwise use the services provided on or via this Website, you may have to provide to SUA your Data. You agree to provide to us such information voluntarily. You agree and understand that any and all of the Data you provided to us may be collected and used as follows:
1. for verification of identity and record;
2. for displaying on the relevant portal when you use this Website, the Internet and other channels in managing your Data;
3. for analysis and for comparison with others’ Data in order to develop SUA’s products or services and market promotion programs;
4. for communicating with you offers and promotions in relation to food and beverage, and catering services provided at The Cheesecake Factory in China, and on behalf of SUA’s affiliated companies and business partners in joint promotions;
5. for storing communication contacting details;
6. for generating survey on user traffic on this Website;
7. for processing of your orders and service requests;
8. for facilitating daily operation of your account; and
9. for implementing your instruction, responding to your inquiries or those made in your name, and providing efficient and responsive service.
Direct marketing: After you have provided personal verifiable Data via this Website, you may from time to time receive emails, telephone calls, SMS or direct mails containing direct marketing information on offers and promotions in relation to food and beverage, and catering services provided by us, and on behalf of its affiliated companies and business partners in joint promotions. In the event of joint promotion, the details of the joint promotion will be sent either by us or our communications service providers but not by the joint promotion partner.

If you do not wish to receive any such direct marketing communications, whether or not you have consented to us providing you such information, you can at any time send us your request with your name, email address, and subject header of “The Cheesecake Factory in China” to Smart United Asia Ltd. Data Privacy Office (Telephone: +852 2101 1333) via email: dataprivacyoffice@smartunitedasia.com or by post to:

Data Privacy Office - Smart United Asia Ltd.
18/F, Maxim’s Centre, 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong
Personal Data laws: We comply with personal data privacy laws in its policy and the ways it collects, uses, stores, discloses, transfers, protects and accesses Data.
Retention, storage and disclosure of Data: You acknowledge, agree and authorize us to retain and store the Data you provided in one or more databases within or outside Hong Kong, and to provide, disclose, allow access and transfer such Data to:
1. our business partners, including, The Cheesecake Factory Incorporated and its subsidiaries and affiliates (“TCF”);
2. any of our employees and affiliated companies who are authorized to handle such Data for the purposes for which such Data are collected;
3. any contractor or agent which provides administrative, telecommunication, computer, payment, insurance, professional or other services to SUA and is engaged by us for the purposes for which such Data are collected or relevant to the purposes for which such Data are collected;
4. anyone that we have to make disclosure to in accordance with the requirements of applicable laws, administrative policies or regulations;
5. anyone who reasonably requires us to make disclosure in order that SUA can implement the purposes listed in this Privacy Statement.
You agree that we can disclose your Data in the following reasonable and necessary circumstances:
1. in compliance with relevant laws;
2. to execute or implement any terms of use relating to your use of this Website or the services provided by SUA;
3. to protect rights, properties or interests of SUA, and our business partners, including TCF and its and their employees, agents, customers and users; or
4. in compliance with this Privacy Statement.
We specifically state herein that it has not and will not sell your Data. We also will not provide, disclose, allow access and transfer your data to any third party other than the above.

We shall retain your Data after you have provided your Data via this Website. Your Data will be retained for not more than one year after the termination of the purpose for which you provided your Data, and thereafter erased.
Security of Data: We will use various security technologies and procedures to protect your Data from unauthorized access, use or disclosure. Because of the nature of Internet, we cannot guarantee the security on any transfer of Data. However, we will take all practical and feasible measures to ensure any Data collected by this Website will not be intercepted by any third party. You must be clear that our advertisers or any website with links to this Website may collect your Data. You must read the relevant privacy statements carefully before you provide your Data to them. Your provision of your Data to any third party has nothing to do with SUA and we will not have any responsibility for such. If we receive relevant Data from a third party, it will retain the information in the usual strict secured and confidential standards.
Contacting Data Privacy Office: If you need to access your personal data held by us, please send your request with your name, email address and subject header of “The Cheesecake Factory in China” to Smart United Asia Ltd. Data Privacy Office (Telephone: +852 2101 1333) via email: dataprivacyoffice@smartunitedasia.com or by post to:

Data Privacy Office - Smart United Asia Ltd.
18/F, Maxim’s Centre, 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong
Cookies and third-party applications: We may use Cookies on this Website. Cookies are a small text file that is placed on your hard disk by a Web page server. Cookies are not designed to use for or intended to use for accessing any information (except for the information on the Cookies) of the user’s computer. On the contrary, it is an identifier placed on your hard disk. Cookies contain information that can later be searched by the same Web page server to identify a particular computer and cater for the use of the user and allow monitor and management of such use according to the information stored by that server. Therefore, Cookies only provide to this Website the information on the user’s computer and this Website can link up such information of the cookies with other information such as personal identifier information. The purpose of this Website’s use of Cookies or third-party applications is to allow automation on signing in and registration of information so that you are linked to the information for online purchase when you make purchase (if any) on this Website, to adjust this Website to your preferences or to personalize promotion or marketing. In addition, use of Cookies or third-party applications may allow us to track the use of this Website to determine what content is useful or popular so that we can effectively develop and improve this Website. You can modify your web browser on the use of Cookies so that it will send you warning or you can decline acceptance of Cookies. Please note this Website may not function normally or permit your signing in if you choose to decline acceptance of Cookies.
Use of Web Beacons: We may use Web Beacons on this Website or other websites and allow third party to place Web Beacons on this Website to monitor the effectiveness of promotion or other legal purposes. Web beacons are also called web crawlers. It is an object that is embedded in a web page or email which allows checking by website owner or a third party on whether a user has viewed the page or email. It is usually invisible to the user as its size is generally very small (1x1 gif) and has the same color as the web page, document or email. Web Beacons are identified as HTML IMG on web pages. Users can click on the information option on the web page to find out whether Web Beacons are used on the web page. Web Beacons can link to personal information. For example, advertising network uses web beacons to add on personal information the web pages a person visited and based on such information to add a particular kind of advertising bars. Web beacons can also be used to independently track the number of people visiting the web site.
Links to third parties’ websites or applications: Please note that this Website provides links to third parties’ websites or applications as a service to users or acknowledgement of the applications. Neither SUA, TCF or its or their parent companies, subsidiaries, or affiliates are responsible for the contents on such web pages or third-party applications or how information is collected. We recommends you to read and understand the privacy measures of any such third parties website or applications before you submit any information to them.
Underage persons: This Website does not plan or intend to collect Data from persons under the age of 18. To respect the privacy of underage persons, person under the age of 18 should not provide any Data via this Website. We ask that parents monitor their children when they surf on the web.