Implementation of Practices
M+ will implement the practices at (a) to (f) below in accordance with the data protection principles in the Ordinance.
(a) Collection of personal data
When collecting personal data, M+ will satisfy itself that:
- the purposes for which the data is collected are lawful and directly related to a function or activity of M+ and/or the Group;
- the manner of collection is lawful and fair in the circumstances; and
- the personal data collected is necessary but not excessive for the purpose(s) for which it is collected.
When M+ collects personal data from you, you will be provided with a Personal Information Collection Statement (“PICS”) on or before the collection in an appropriate format and manner. Practicable steps will be taken to ensure that:
- you are informed of whether it is obligatory or voluntary to supply the data and, if obligatory, the consequences in failing to do so; and
- you are explicitly informed of the purpose(s) for which the personal data is to be used, the classes of persons to whom the data may be transferred or disclosed, your right to request access to and correction of the data, and the contact details of the officer to whom any such request may be made.
If M+ intends to use the personal data collected for a new purpose, other than the purpose of first collection as stated in the PICS, M+ will obtain prior consent from the data subject before the usage. If the data subject is under the age of 18, we will only use the personal data for a new purpose after we obtained prior consent from the parent or guardian of the data subject.
(b) Accuracy and retention of personal data
Personal data collected and maintained by M+ will be as accurate, complete, and up-to-date as is necessary for the purpose(s) for which it is to be used.
M+ maintains a personal data inventory, which contains the kinds of personal data that M+ holds, the purposes for which the personal data is collected, used and disclosed, and how the personal data is stored. The personal data inventory will be reviewed periodically to ensure that it is accurate and up-to-date.
M+ will only retain your personal data for as long as is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we will consider the amount, nature, and sensitivity of the personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Should there be a need to retain personal data for statistical purposes, such personal data will be anonymised so that the individuals concerned can no longer be identified.
(c) Use of personal data
All personal data collected will be used by and shared among the Group for purposes which are directly related to the discharge of M+’s or the Group’s activities or functions. We will never sell or rent your information with any other organisation outside the Group. We may transfer your personal information to our service providers such as IT contractors, cloud service providers, event agents and confidential documents disposal service agents, etc., in order for them to perform services on our behalf. We may also share your personal data with partners or service providers that are involved in co-organising events with us or providing goods and services to you or fulfilling your requests. We will ask for your consent before sharing personal information with any third party partners for direct marketing purposes such as external online platforms and social media platforms, etc. Personal data may also be disclosed to other entities which are authorised to receive such information for law enforcement, prosecution or review of decisions purposes, or otherwise as required or permitted by law. We may also need to transfer your personal data outside of Hong Kong for necessary handling, processing or storage.
You will be informed of the transferees of personal data when your personal data is collected. We require all transferees to respect the security of your personal data and comply with the Ordinance and other applicable personal data laws. We do not allow our transferees to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
If personal data is to be used for a purpose other than the purposes for which the data is collected, prior consent will be sought from you where practicable. In seeking the consent, all practicable steps will be taken to ensure that:
- information provided to you is clearly understandable and readable; and
- you are informed that you are entitled to withhold your consent or withdraw your consent subsequently by giving notice in writing.
M+ will not use personal data or provide personal data for use in direct marketing without your explicit consent. Such direct marketing communications may take the form of mails, emails, SMSs, targeted online advertisements, notifications via our mobile applications, push notifications, instant messaging, etc. Such direct marketing communications may relate to products, activities, events and services of M+ and/or the Group, including those sponsored by or jointly organised by M+ and/or the Group with third parties, and those on offer or taking place at the West Kowloon Cultural District (“Marketing Communications”). Examples of these Marketing Communications include newsletters, membership benefits, shop/merchandise promotions, event invitations, invitations to donations, etc. If M+ intends to use your personal data for direct marketing, M+ will obtain explicit consent from you before using your personal data and will notify you when using personal data for direct marketing for the first time that you have a right to request M+ to cease using the data for direct marketing if you so require. These Marketing Communications may be sent by M+, the Group and/or an external party on our behalf (e.g. external online platforms and social media platforms). If M+ intends to provide your personal data to an external party (e.g. our service providers or third party partners) for use by that other person for their direct marketing purposes, M+ will inform you in writing in advance that M+ intends to provide the personal data and will not provide the personal data unless it has received your explicit consent. You may, at any time, require M+ to cease using your personal data in direct marketing by informing M+ through the channels as stated in practice (f) below.
(d) Security of personal data
M+ observes strictly the relevant security standards and regulations. Security arrangements will be reviewed regularly to ensure that personal data is protected against loss and unauthorised or accidental access, use, disclosure, modification and erasure. The security arrangements include, without limitation, the following:
- restriction of access to personal data on a ‘need-to-know’ basis;
- regular review and enhancement of security measures for protection of personal data in the servers, user computers, or transmission of electronic messages;
- regular change of passwords for IT facilities, or accounting and personnel systems;
- encryption of all backup tapes that are to be transported to offsite storage;
- limited staff access rights to office areas storing confidential information; and
- provision of clear guidelines to staff as to the types of data that may or may not be disclosed to an enquirer and implementation of appropriate identity verification procedures to confirm the enquirer’s identity.
(e) Transparency of the personal data policy and practices
M+’s privacy policy and practices can be found on M+’s website: http://www.mplus.org.hk/privacy-policy as may be updated from time to time.
(f) Access to and correction of personal data
M+ recognises your rights of access to and correction of your personal data in accordance with the Ordinance. To make a data access request, you should complete the form specified by the Office of the Privacy Commissioner for Personal Data, which is available at https://www.pcpd.org.hk/english/publications/files/Dforme.pdf, and submit the completed form to M+ in any one of the following ways —
By email / post / in person:
Attn. Data Protection Office
by email at [email protected];
or
by post or in person to:
West Kowloon Cultural District Authority, 9/F., WKCDA Tower, West Kowloon Cultural District, No. 8 Austin Road West, Kowloon, Hong Kong.
When handling a data access or correction request, M+ will check the identity of the requester to ensure that the requester is the person legally entitled to make the data access or correction request.
M+ may impose a fee for the necessary cost of complying with a data access request. M+ will clearly inform the requester the amount to be charged.
M+ may refuse a data access request in the circumstances specified in Section 20 of the Ordinance.
M+ maintains a logbook recording the data access or correction requests received as required under Section 27 of the Ordinance.
