Privacy Policy Statement

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The Hong Kong Productivity Council ("HKPC") as the Chinese Medicine Development Fund Implementation Agent and the Government of the Hong Kong Special Administrative Region of the People’s Republic of China ("Government") are committed to ensuring the privacy and security of the Personal Data (as defined below) they hold. HKPC and the Government aim to meet this commitment by implementing the principles and requirements of the Personal Data (Privacy) Ordinance (“the Ordinance”) of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). This Privacy Policy Statement is intended to explain HKPC and/or the Government's privacy practices.

Collection of Personal Data

From time to time and for the purpose of carrying on any operation or business of the HKPC, you may be requested to supply data that may directly or indirectly identify you or other person(s) as an individual ("Personal Data"). The scope of Personal Data required from you may vary depending on the circumstances but in general may include, but not limited to, the following:

Information about you such as your full name, date of birth, gender, nationality, place of residence, marital status, educational background, professional qualifications, employment history, public appointments, awards and recognitions and community services;
Photographs and other images of yours and biometric data, such as your voice, voice ID, thumb ID and facial recognition data;
Information for verification of identity or citizenship, including identification type and identification number (such as your Hong Kong Identity Card or passport details, visa information, residence or work permit) and other related information;
Contact details such as office and/or home address, telephone number, mobile phone number, fax number and email address;
Unique identifiers or personal identifiers for any programme, initiative and activities managed and/or operated by HKPC and/or the Government and the relevant login credentials;
Your usage, transactional and activity records of the programmes, initiatives and activities managed and/or operated by HKPC and/or the Government;
Educational and professional background including but not limited to details of examination results, references, past scholarships, awards, employment, community services or extra-curricular activities;
Financial and billing information including income, expenses, financial statements, identity of other funders and details of funding, identity and contact details of beneficiaries, employees or contractors, bank account information and details etc.;
Your image and voice, including photograph, video or audio recordings;
Your interests, preferences and opinions and your responses to market surveys and contests conducted by HKPC and/or the Government or on their behalf;
Information HKPC and/or the Government collect about you when you use HKPC, funding schemes managed by HKPC and/or the Government’s websites (“Websites”), mobile applications (“Apps”), web pages (including social media pages) (“Web Pages”) and systems , e.g. general diagnostic and usage data, geographic location of your device, details about your device, technical information (e.g. IP address, your log-in information, browser type and version, any unique device identifiers etc.), information about your visit (e.g. the full URL, clickstream to, through and from the Websites, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs) and browsing history, etc.); and/or
Any other Personal Data and/or information provided by you, acquired and/or came into existence during the establishment or maintenance of business relationship for the performance of contracts or for compliance with laws, regulations, regulatory requirements and/or any of HKPC and/or the Government’s rules and bye-laws.

Supply of Personal Data to HKPC and/or the Government is non-obligatory, but failure to do so may result in HKPC and/or the Government being unable to process your application(s).

Occasionally, you may need to provide Personal Data about other individuals to HKPC and/or the Government (such as spouse, children, funders, beneficiaries, members, employees, suppliers or contractors). In that event, to comply with the Ordinance and any other applicable laws, regulations and requirements, you are required to have first obtained the authorisation of such individuals before using, disclosing and transferring their Personal Data, including giving consent on their behalf to HKPC and/or the Government's possible use, disclosure and transfer of their Personal Data. You agree to, upon HKPC and/or the Government’s request, provide any supporting documents which may be necessary to prove such authorisation. You also agree to procure and ensure that they have made access to this Privacy Policy Statement and advise them that HKPC and/or the Government can be contacted for further information.

Use of Personal Data

Your Personal Data may be used for the following purposes:

HKPC and/or the Government's management and administration of their funding schemes and/or activities, including but not limited to grants, loans, scholarships, sponsorship, events in connection with such funding schemes and/or activities and/or other related matters;
Operating and managing any funding schemes and/or activities, including but not limited to:

the implementation and management of the funding schemes and/or activities;
the identification, verification and determination of eligibility for the funding schemes and/or activities;
the processing of the funding schemes and/or activities (whether through HKPC, the Government and/or any other third-party partners under the relevant funding scheme);
the handling of the associated transfer, migration and synchronisation of data (including Personal Data) across the funding schemes and/or activities and the like operated by HKPC, the Government and/or their authorised persons; and/or
the operation, maintenance, administration, personal data analysis thereof and all incidental matters.

Processing of applications in relation to the funding schemes and/or activities of HKPC and/or the Government as set out in paragraph 1, including verifying your identity and assessing your suitability and verifying your eligibility for the same (regardless of whether you are a new applicant or an applicant who re-applies for such funding schemes and/or activities);
Contacting you for the purpose of and/or in relation to the funding schemes and/or activities of HKPC and/or the Government as set out in paragraph 1, and addressing any enquiries and complaints related thereto;
Collating statistical information relating to the applicants and or the grantees, to assist HKPC and/or the Government in the management and administration of its funding schemes and/or activities;
Matching (as defined in the Ordinance) your Personal Data with other data collected (by HKPC, the Government or any third party) for other purposes and automated decision processing (including profiling), in relation to the processing, assessment, administration and/or management of HKPC and/or the Government's funding schemes and/or activities and/or the performance of any service or administration work in connection with HKPC, the Government and/or HKPC's operations;
Promoting the funding schemes and/or activities of HKPC or the Government, such as sending you annual reports, newsletters, information or promotional materials regarding activities and events organised or sponsored by HKPC or the Government (please see further details in "Direct Marketing");
Facilitating and maintaining communication with recipients of funding during the funding period and upon expiry of such period;
Maintaining and developing HKPC and/or the Government's systems and infrastructure, including testing and upgrading of these systems;
Meeting any obligations, requirements or arrangements, whether compulsory or voluntary, or establishing, exercising or defending any legal rights of HKPC and/or the Government, in connection with:

any law, regulation, judgment, court order, sanctions regime, within or outside Hong Kong existing currently and in the future;

any guidelines, guidance, demand or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities within or outside Hong Kong;

any of the rules or bye-laws of HKPC and/or the Government relating to the their core operations; and/or

any other agreements between you and HKPC and/or the Government.

Complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information of HKPC, the Government and/or any other use of data and information in accordance with any programmes for compliance with client due diligence, sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;
Prevention, detection or investigation of anomalies and preventing and/or remediating fraud or other potentially criminal, prohibited or illegal activities or otherwise protecting the integrity of HKPC, the Government and/or their licensees, assigns and successors in title;
Responding or taking part in legal proceedings, including seeking professional advice; and/or
All other legitimate business purposes and purposes directly related to or incidental to the above.

Direct Marketing

Subject to HKPC, the Government and/or their licensees, assigns and successors in title having obtained the relevant consent from you, occasionally, HKPC, the Government and/or their licensees, assigns and successors in title may use your Personal Data to send you marketing or promotional communications containing news, offers and/or promotions about events, causes or activities organised, sponsored or arranged by the HKPC, the Government, or their licensees, assigns and successors in title.

For such purposes, your Personal Data held by HKPC, the Government or their licensees, assigns and successors in title may be provided to other HKPC licensees, assigns and successors in title and/or their respective business partners for use for direct marketing subject to your consent. HKPC and its licensees, assigns and successors or its respective business partners may also conduct such direct marketing via or jointly with third party services providers including social media platforms, which may involve sharing your Personal Data that HKPC, the Government and/or their licensees, assigns and successors in title or their respective business partners hold about you with them. However, the HKPC, the Government and/or or their licensees, assigns and successors in title will first obtain your consent before doing so.

You can always opt-out free-of-charge by following the opt-out instructions contained in the relevant communications or contacting HKPC and/or its Data Privacy Compliance Officer if you no longer wish any of your Personal Data to be used in and/or be transferred for any of the described direct marketing purposes.

Please note that if you choose to opt-out of direct marketing, HKPC and/or the Government may still send you communications which are of administrative nature.

HKPC and/or the Government may create indirect group profiling by way of analysing your preference characteristics manifested in the information HKPC and/or the Government have about you (e.g. your preferences, details of transactions conducted using your account, etc.).

Disclosure of Personal Data

Personal Data supplied to HKPC and/or the Government will be kept confidential. However, HKPC and/or the Government may, where such disclosure is necessary to satisfy the purpose, or a directly related purpose, for which the Personal Data was collected, provide such Personal Data to the following parties:

Any licensees, assigns and successors in title of HKPC and/or the Government for fulfilling the purposes for which it was collected (subject to any consent requirement relating to "Direct Marketing" above) and to HKPC and/or the Government’s business partners for direct marketing use as described in “Direct Marketing” above;
External personnel or organisations (including but not limited to educational or other institutions, associations or organisations, your referees, governmental authorities, assessment or examination boards and awarding bodies) for the purposes or a directly-related purpose for which the personal data was collected or where it is permitted under the Ordinance;
Any other person or company who is under a duty of confidentiality to HKPC and/or the Government and has undertaken to keep such information confidential, provided such person or company has a legitimate right to such information;
Consultants, agents, contractors, suppliers and any third party service provider of HKPC and/or the Government which provide administrative, marketing and research, distribution, data processing and analytics, telemarketing, telecommunications, computer, financial, payment or other services to HKPC and/or the Government in connection with their operations;
HKPC and/or the Government’s insurers and their reinsurers, brokers and agents;
Government and regulatory authorities, investigative bodies, courts, law enforcement agencies and other organisations, as required or authorised by law, orders or requests;
Any financial institutions or payment services providers necessary to and solely for the purposes of establishing and supporting payment in connection with the funding schemes and/or activities; and/or
Your authorised representatives or your legal advisers when requested by you to do so.

HKPC and/or the Government may also disclose your Personal Data to third parties: (i) when required by law, by court order, or in response to a search warrant or other legally valid inquiry; (ii) pursuant to HKPC and/or the Government's good faith belief that disclosure is required by law or otherwise necessary to the establishment of legal claims or defences, to obtain legal advice, to exercise and defend HKPC and/or the Government's legal rights or to protect the life, body or property of an individual; or (iii) for enforcement of HKPC and/or the Government’s rules and bye-laws or prevent unauthorised access to HKPC and/or the Government’s premises. This also applies when HKPC and/or the Government have reason to believe that disclosing the Personal Data is necessary to identify, contact or bring legal action against someone who may be causing interference with HKPC and/or the Government's rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by activities causing such interference.

Where applicable, HKPC and/or the Government may also transfer any information it holds about you as an asset in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of HKPC or as part of its reorganisation or other change in corporate control.

The Personal Data that HKPC and/or the Government collect or obtain may be transferred to jurisdictions that offer lesser protection of personal data than that provided in your jurisdiction. By submitting Personal Data to HKPC and/or the Government or applying for any of the funding schemes and/or activities of HKPC and/or the Government, you understand and consent to such transfer.

Links to Third Party Websites

HKPC and/or the Government's Websites, Apps and Web Pages may contain links to other sites and pages which are operated by third parties. You understand and acknowledge that HKPC and/or the Government have no control over and does not endorse the content of the linked websites or the way in which the operators of those websites deal with your Personal Data. You should review the privacy policy for those third party websites to understand the ways in which your Personal Data may be used by those third parties.

Use of Cookies

By using any of HKPC and/or the Government's Websites, Apps and/or Web Pages, you agree that HKPC and/or the Government can store and access cookies, IP addresses, domain names, URLs and use other methods in order to collect your usage data on the Websites, Apps and/or Web Pages and improve your on-line experience.

Cookies are small files that are placed on your computer, mobile phones or other devices by websites or mobile applications that you visit/use or certain emails you open. They are widely used in order to make functions on the websites, mobile applications and/or emails properly, as well as to provide business and marketing information to the owners of the websites, mobile applications and/or emails.

HKPC and/or the Government use cookies on its Websites, Apps and/or Web Pages to track visitor preferences. These cookies allow the Websites, Apps and/or Web Pages to remember information that changes the way the Websites, Apps and/or Web Pages behave or look, such as your preferred language. These cookies can also assist you in changing text size, font and other parts of the Websites, Apps and/or Web Pages that you can personalise. You may refuse to accept cookies by altering the settings on your internet browser, mobile phone or device but it should be noted that if you choose not to permit cookies, some areas of the Websites, Apps and/or Web Pages may not function properly.

Data Retention

All Personal Data that has been collected from you will only be stored for a duration that is reasonably necessary to fulfil the purposes for which it was collected as outlined under this Privacy Policy Statement. In some circumstances, HKPC and/or the Government may retain your Personal Data for longer periods of time, for instance, where HKPC and/or the Government are required to do so to meet legal, statutory, regulatory, tax or accounting requirements.

Commitment to Data Security

HKPC and/or the Government are committed to protecting the security of your Personal Data. They use a variety of physical, technological and organisational measures to help protect your Personal Data from unauthorised or accidental access, processing, erasure or other use.

The transmission of information via the Internet or mobile network is not completely secure. The security measures described above do not preclude HKPC and/or the Government from the possibility of fraud, cyber-attacks, such as hacking, spyware and viruses, and HKPC and/or the Government do not warrant that their servers or network will be immune from such attacks.

Although HKPC and/or the Government will implement security measures to protect your data, HKPC and/or the Government cannot guarantee the security of the data transmitted via Internet or mobile network. You agree that HKPC and/or the Government shall not be liable for any loss or damage arising from risks relating to any transmission.

Changes to this Privacy Policy Statement

HKPC and/or the Government may update this Privacy Policy Statement from time to time which will be posted on HKPC’s Website at https://www.cmdevfund.hk/en/privacy/, so as to inform you what information HKPC and/or the Government gather, how they might use that information and whether they disclose such information to anyone. You are also advised to check the latest Privacy Policy Statement posted on HKPC’s Websites at https://www.cmdevfund.hk/en/privacy/ on a regular basis. Where there are significant changes, we will notify you and obtain your acceptance and/or consents (as necessary or applicable). If you do not agree with this Privacy Policy Statement (as revised), please do not use or cease to use Websites, Apps and/or Web Pages of HKPC and/or the Government and do not give us any of your information. By continuing to use the said Websites, Apps and/or Web Pages after the changes come into effect, you agree to the revised Privacy Policy Statement.

Access to and Correction of Personal Data

In accordance with sections 18 and 22 and Principle 6 of Schedule 1 of the Ordinance, you are entitled to request access to Personal Data held by HKPC and/or the Government about you and to correct such data. HKPC and/or the Government may charge a reasonable fee for the processing of such data access request.

You may direct your request in writing to:

Address：HKPC Building, 78 Tat Chee Avenue, Kowloon, Hong Kong

Tel：2788 5632

Fax：3187 4581

Email：enquiry@cmdevfund.hk

Interpretation

This notice is written in English language and may be translated into Chinese and other languages. In the event of any inconsistency between the English version and the translated version of this notice, the English version shall prevail.