In compliance with the Personal Data (Privacy) Ordinance (“the Ordinance”), FundPark Limited (the “Company”, “we”, “us”, or “our”) would like to inform you of the following:
1. It is necessary for job applicants, potential service providers to provide the Company with personal data about themselves in respect of their application or proposed provision of Services (the "Services").
2. For job applicants, if your employment application is successful, your personal data collected in respect of such application will be retained by the Company and form part of your employee records. For potential service providers, if you are engaged to provide Services, your personal data collected will be retained by the Company. More personal data about you and/or your family members may also be collected from you during your period of employment with, or the period of your provision of Services to the Company.
3. If you cannot provide data requested by the Company, we will be unable to process your application for employment, or application(s) for benefits, or unable to continue your employment with the Company, or unable to allow you to provide or continue to provide the Services to the Company.
The purposes for which data relating to job applicants, employees and job service providers may be used are as follows:
i. Considering your current and/or future application(s) of employment or your provision of Services;
ii. Conducting (pre)-employment reference checks and background vetting and whenever appropriate during your employment period;
iii. Conducting background vetting prior to your provisions of Services and whenever appropriate during the period of your provision of Services;
iv. Reviewing salaries, incentives, bonuses and other benefits;
v. Considering promotion, training, assignments or transfer;
vi. Considering eligibility for and processing medical benefits, retirement benefits and other benefits arrangements;
vii. Providing your business contact details in the ordinary course of our business;
viii. Providing employee references;
ix. Monitoring and administering compliance with internal policies, procedures, guidelines or rules of the Company;
x. Complying with the obligations, requirements or arrangements for disclosing and using data that apply to the Company that it is expected to comply with
(a) any law, regulation, court order or applying to it within or outside the Hong Kong Special Administrative Region (“HKSAR”);
(b) any guidelines or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities within or outside the HKSAR;
xi. for human resources management or purposes relating thereto.
Whenever you provide any personal data of a third party (no matter whether his/her role involved is a contact person for whatever purpose, a referee, former or current colleague, coworker or partner, a family member, a close associate, a recommender, an advocate, etc.) to us for any use during a job application process, or any of our recruiting or due diligence exercises, you shall ensure, warrant and represent that:
• you have already informed the third party of any intended provision and use in any of the above contexts;
• you have already obtained the consent of the third party on such kinds of provision and use of his/her personal data;
• such kinds of provision and usage or utilization of personal data is in compliance with and covered by the consent of the third party
Data held by the Company relating to jobs applicants, employees and job service providers will be kept confidential but the Company may provide such information to the following parties, whether within or outside the HKSAR:
i. any agents, contractors, sub-contractors, insurers/insurance brokers, professional advisers or third party service providers who provide services to the Company in respect of the operation or maintenance of our business (including but not limited to employment reference check, background vetting, provision or administration of benefits and services);
ii. any persons under a duty of confidentiality to the Company which has undertaken to keep such information confidential;
iii. any persons to whom the Company is under an obligation or otherwise required to make disclosure for the purposes set out in Paragraph – “Purpose” (x) above;
iv. any persons seeking employee references with the prescribed consent of the employee concerned in accordance with Section 2(3) of the Ordinance; and
v. any of your emergency contacts.
Safeguarding the privacy of your personal data is important to us, whether you interact with us personally, by phone, mail, over the internet or other electronic medium or through third party platforms or channels. We preserve your personal data in a combination of secure computer storage facilities and paper-based files and other records which are only in the possession of our HR or its direct reporting line, and take such steps as are reasonable in the circumstances to protect the personal data we hold from misuse, interference and loss or unauthorised access, modification or disclosure.
The Company may retain:
i. the data of unsuccessful applicants for future recruitment purposes up to two (2) years from the date of receipt and that the data may be retained for a longer period if there is a subsisting reason that obliges us to do so;
ii. your personal data for a period of no longer than seven (7) years after your cessation of employment, provided that there is a subsisting reason that obliges the Company to retain the data for a longer period or the data is necessary for the Company to fulfil any applicable statutory or contractual obligations.
1. In accordance with the terms of the Ordinance, you have the right
(i). to check whether the Company holds data about you and access to such data;
(ii). to require the Company to correct any data relating to you which is inaccurate; and
(iii). to ascertain the Company’s policies and practices in relations to data and to be informed of the kind of personal data held by the Company.
2. In accordance with the terms of the Ordinance, the Company has the right to charge a reasonable fee for the processing of any data access request.
3. You should send requests for access to data or correction of data or for information regarding the Company’s personnel privacy policies and practices and kinds of personal data held to the following:
The Human Resources Manager
16/F, 9 Chong Yip Street, Kwun Tong, Hong Kong
4. Nothing in this statement shall limit your rights under the Ordinance.
1. The Company is exempted/entitled to refuse requests for accessing and/or correcting personal data in the circumstances prescribed in the Ordinance, including:
(i). Personal data which are contained of information relevant to any staff planning proposals to fill any series of either current or potential positions or terminate employment.
(ii). Personal data involved in a “relevant process” as defined in the Ordinance (such as the process for determining the suitability, eligibility or qualifications of an employee for employment or promotion, awards or any disciplinary action) until the completion of that process.
A job service provider refers to an individual who is not employed by the Company but is employed by a third party. i.e. a contractor or secondee, for the purposes of this statement.