Introduction
This notice explains what personal data (information) we hold about you, how we collect it, and how we use it. We are required to notify you of this information under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information about you.
Data protection principles
We will comply with the data protection principles when gathering and using personal information.
About the information we collect and hold
The table set out below summarises the information we collect and hold, how and why we do so, how we use it and with whom it may be shared.
We may also need to share some of the categories of personal information set out with other parties, such as external contractors and our professional advisers. In most cases, information is only shared for the performance of our contract with you or to comply with our legal obligations.
We seek to ensure that our information collection and processing is always proportionate. We will notify you of any changes to information we collect or to the purposes for which we collect and process it.
Automated decision making. No automated decisions are made affecting your personal data.
Where information may be held
Information may be held at our office. Information may be transferred internationally to other countries around the world, including countries that do not have data protection laws equivalent to those in the Hong Kong Special Administrative Region (“HKSAR”), for the reasons described above. We have security measures in place to seek to ensure that there is appropriate security for information we hold.
How long we keep your information
The period for which we keep your information is dependent on whether or not we have placed you in a temporary or permanent booking.
Where we have been unsuccessful in placing you in a temporary or permanent booking, we will retain your data for 3 years from the date we created your record in our database. If we have placed you, we will retain your information for 5 years from the date of placement or date on which you last worked for us.
We will retain certain pay-related and other financial information for 7 years in order to comply with our legal obligations.
Your rights to correct and access your information to ask for it to be erased
You have the right to:
access your data;
request that we correct data we hold about you; and
ask for it to be erased.
If you would like to exercise these one or more of these rights, please contact
us at info@wecruitcl.com.hk
.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
| The information we collect | How we collect the information | Why we collect the information | How we use and may share the information |
| Your name, contact details (ie address, home and mobile phone numbers, email address)* | From you, from people who know you, from databases to which we have a subscription such as job boards or LinkedIn | Legitimate interest: to ascertain your interest in finding work | To contact you to ascertain your interest in particular vacancies. Information shared with third party providers of software in the following categories: – vendor management systems – applicant tracking systems – onboarding systems |
| Your work history, skills, experience and educational background* | From you, from databases to which we have a subscription such as job boards or LinkedIn | Legitimate interest: to assess your suitability for vacancies which may interest you | To determine your suitability for particular vacancies |
| Your emergency contacts (ie name, relationship and home and mobile phone numbers) | From you | Legitimate interest: your safety and security | In case of emergencies |
| Details of salary and benefits, bank information, your age* | From you | To perform the contract including payment of salary and benefits. Legitimate interests: to maintain records and to comply with legal, regulatory and corporate governance obligations and good practice | To ensure you receive the correct pay and benefits. Information shared with Inland Revenue and MPF provider. |
| Your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information* | From you and, where necessary, the Home Office | To enter into/perform the contract. To comply with our legal obligations. Legitimate interest: to maintain records. | To carry out right to work checks. Information may be shared with the Immigration Office, Consulate Office of foreign country (where applicable). |
| Information in your sickness and absence records (including sensitive personal information regarding your physical and/or mental health)* | From you, from your doctors | To perform the contract. To comply with our legal obligations. Legitimate interests: to maintain records and to comply with legal, regulatory and corporate governance obligations and good practice, to ensure safe working practices. | To maintain records, to administer sick pay entitlement, to follow our policies. To comply with our legal obligations to you Information shared with Inland Revenue. |
| Your racial or ethnic origin, sex and sexual orientation, religious or similar beliefs | From you | To comply with our legal obligations and for reasons of substantial public interest (equality of opportunity or treatment) | To comply with our equal opportunities monitoring obligations and to follow our policies |
| Skills assessments | From skills assessment providers | To perform the contract | To determine your suitability for particular vacancies |
| A copy of your driving licence | From you | To perform the contract. To comply with our legal obligations. | To ensure that you have an acceptable driving record |
| Information on complaints raised by or involving you | From you, from other individuals, from clients | To perform the contract. To comply with our legal obligations. Legitimate interests: to maintain records and to comply with legal, regulatory and corporate governance obligations and good practice. | For staff administration, to follow our policies and to deal with grievance matters. Information shared with relevant employees of us and any relevant client. |
| Information on conduct issues involving you | From you, from other individuals, from clients | To comply with our legal obligations. Legitimate interests: to maintain records and to comply with legal, regulatory and corporate governance obligations and good practice, to ensure safe working practices. | For staff administration and assessments, to follow our policies, to monitor staff performance and conduct. Information shared with relevant managers, relevant employees of us and any relevant client. |
| Details of your time and attendance records* | From you, from swipe card systems, time management system, time clock records | To perform the contract. Legitimate interest: to accurately bill clients for time worked and record staff absences. | For payroll and staff administration and assessments, to follow our policies and to monitor staff performance and attendance. Information shared with clients. |
| Details in references about you that we receive from others | From third parties you identify to us | Consent. To comply with our legal obligations. Legitimate interests: to maintain records and to comply with legal, regulatory and corporate governance obligations and good practice. | To determine your suitability for particular vacancies. Information shared with clients. |
| Details in references about you that we give to others | From your records | To perform the contract. To comply with our legal obligations. Legitimate interests: to maintain records and to comply with legal, regulatory and corporate governance obligations and good practice. | To provide you with the relevant reference. Information shared with the recipient(s) of the reference. |
| A photo of you (if working in Educational Institutions or similar nature) | From you | To perform the contract | Shared with clients: we send a your photo to educational establishments so they can verify the identity of the person working |
- You are required to provide (by law or under the terms of your contract with us) or we are required by law to obtain the categories of information marked * above to us to enable us to verify your right to work and suitability for vacancies, to pay you, and to administer statutory requirements (where applicable). If you do not provide this information, we may not be able to work with you.
- Information provided to or obtained by us as part of your registration and onboarding may be shared with clients or regulatory bodies for the purposes of audit.