While information provides the foundation for us to provide you with superior service, protecting the privacy and confidentiality of your personal information is of utmost importance to us. We are sensitive to your privacy and confidentiality concerns. So that you may better understand how and what types of personal information will be collected by how and how such information will be used, we set out below our information collection and privacy policy (referred to below as the “Privacy Policy“).

For the purpose of this Privacy Policy, “we” and “us” are used interchangably to refer to the business of Employee Rights Consultants operating from the website address of hkemploymentadvice.com.

This Privacy Policy applies to the collection and use of personal information by us, including information collected through the various websites operated by us that link to this Privacy Policy.

This Privacy Policy reflects on how we manage your personal information in accordance with the requirements under the Personal Data Privacy Ordinance (“PDPO“). This Privacy Policy is not intended to your rights under the PDPO.

What kind of personal information do we collect?

The kind of information we collect depends on the purpose for which it is collected. When you place a request for our services through this website, we may collect your name and relevant contact details which you provide to us, including your email address, login user name, phone number, date of birth and/or mailing address, as well as any other information which you provide to us in any document or communication that uniquely identifies you or from which it is practicable for your identity to be directly or indirectly ascertained (such as details of your identity card, passport details, employer name, job title and so on). As a significant part of our business relies on an assessment of your personal circumstances in respect of your employment situation, and we may collect such relevant personal information in the course of providing our services to you.

In addition to the above, we also collect information from your visits to this website through the use of enquiry forms and every time you e-mail us your queries or details. Where that information contains personal information, it is collected and handled in accordance with this Privacy Policy. In addition, we may also log your IP address and other identifying visit information which is automatically recognised by our web server or our third party service provider.

How do we collect personal information?

We generally collect your personal information from you directly. Where, in the course of providing information to us, you also disclose personal information in relation to third parties, we trust that you will seek confirmation from the such relevant third parties that their personal information may be disclosed to us so as to ensure that we are able to process such information in connection with our provision of services to you.

Why do we collect personal information and how do we use it?

We are in the business of advising you on your employment situation based on your personal circumstances. In order to do so, we will require information relating to your employment relationship, some of which may contain personal information. We also process personal information collected from our website for the purposes of:

  • Identifying potential customers
  • Providing you with the services that you have requested
  • Dealing with your requests and enquiries
  • Carrying out customer and marketing research and modelling
  • Designing services or related product offerings for customers’ use
  • Providing you with information about services offered by us as well as any developments in the employment industry which may be of interest to you
  • Any other purpose as may be separately notified to or agreed with you
  • Any purpose ancillary or related to the above

As such, we will only use and disclose your personal information to enable us to provide you with the services requested by you. Generally personal information which we collect is only used and disclosed under the following circumstances:

  • Your consent has been obtained in relation to the use or disclosure of the information
  • It is used for the purpose for which the information was collected or for a related secondary purpose
  • We are required or authorised under Hong Kong law or court order to do so
  • For the purposes of related to marketing, if you authorise such uses

We do not sell personal information collected through this site or use your personal information for any other purposes than those stated above.

Use of information in direct marketing

We may use your personal information in direct marketing, subject to your consent to such use for that purpose. In this connection, please note that:

  • your name, contact details, service information and demographic data may be used by us in direct marketing;
  • services, products and subjects relating to employment issues may be marketed to you;
  • the above services, products and subjects may be provided by or us and/or any of our associates or affiliates.

If you do not wish for us to use or provide to other persons your personal information for use in direct marketing as described above, you may exercise your opt-out right by notifying us.

Who do we disclose personal information to?

We generally do not disclose your personal information to third parties unless strictly necessary for us to carry out the services for which you requested. For our own internal purposes, we may retain and use your personal information for internal analyses, but will not disclose it except as set out in this Privacy Policy.

For data backup and recovery purposes, as well as other data processing and back-office operations, we may disclose personal information we hold to our affiliate or associates or to reputable third party companies and suppliers (including any agents, contractors, sub-contractors or service providers) who we may engage to process or hold data on our behalf or otherwise to provide relevant administrative or other services to us. We require that all such third parties protect such information from unauthorized access, use and disclosure and prohibit them from using the information we disclose for any purpose other than providing services to us. We may also disclose your personal information for the purposes of restructuring or transfer of all or any part of our business to any of our actual or proposed assignees or transferees. In all such cases, we note that such information may potentially be transferred to a place outside of Hong Kong.

Under certain circumstances, we may be required by law or court order to disclose your personal information or we reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of an enforcement body.

As such, you agree that we may be required to retain, process and/or disclose your personal information in order to comply with applicable laws and regulations, or in order to comply with a court order, subpoena or other legal process, or to comply with a request by a government authority, law enforcement agency or similar body (whether situated in Hong Kong or elsewhere).

You also agree that we may disclose your personal information or any other information you have provided to us (whether or not personal information) in connection with:

  • the enforcement any agreement you have made with us, including the payment of any outstanding fees;
  • any litigation, arbitration or other dispute between us (whether initiated by you or us);
  • any insurance claim we may raise or pursue;
  • protecting our rights, property or safety, or the rights, property or safety of our affiliates and employees;
  • protecting us from incurring liability in accordance with our Terms and Conditions.

How secure is your personal information?

We recognise and acknowledge the importance of keeping your personal information and data secure and protected from unauthorised access. To do this, at a minimum, we utilise industry standard security and encryption processes and technology and ensure that access to your personal information is only provided to those persons under our direct control who need to have access in order to perform their role and for us to provide services to you. Access may also be provided to a government authority where we are required by law or court order to provide access to your personal information. In such circumstances the use and security of that information is determined by the rules governing the relevant government authority.

To ensure that we maintain the standards we have set for security and that we comply with our obligations in relation to the storage and handling of your personal information, we require all of our employees to complete regular training in relation to the handling of personal information and the application of our security policies. We also regularly review this Privacy Policy and assess our performance against key metrics to ensure we are meeting and will continue to meet our obligations under the PDPO.

How can you access or correct the personal information we hold?

Should you wish to gain access to or correction of your personal information, you may contact us here.

We are happy to provide details of the personal information we hold in relation to you. However to the extent permitted by law, we may charge a nominal fee commensurate with our costs of extraction and collation of information where significant work is involved. We will also require you to adequately identify yourself when requesting a copy of your personal information.

If you would like us to update your information or you believe that any of the information we hold is incorrect, please let us know. Where we have obtained information directly from you, we may request us to update your information. Your personal information will not be kept for longer than is necessary and will be removed from our database at your request. If you wish for us to delete your profile, you may contact us here.

There are certain limited circumstances permitted under the PDPO in which we may decline to permit access to the information we hold, or we may decline to apply a correction to that information which you have requested. In such circumstances you may require that we note that a request for access or correction has been refused by us.

How can you complain about our use of personal information?

Where you feel the information we have provided to you may not be accurate or you have a dispute regarding the information we hold, you may contact us in order for us to investigate the matter further. In general we aim to respond to all complaints promptly and in any event in less than 30 days. We aim to act promptly and reasonably in resolving any complaints. There are some circumstances, for example, where the matter is complex where we may require additional time to resolve an issue.

Upon conclusion of our investigation and if you are still dissatisfied with our outcome, you have the right to refer the matter to the Commissioner for handling at:

Office of the Privacy Commissioner for Personal Data, Hong Kong
12/F, Sunlight Tower,
248 Queen’s Road East,
Wanchai, Hong Kong
Telephone: 2827 2827
Fax: 2877 7026

Changes to this Privacy Policy

We regularly review and may occasionally update this Privacy Policy to reflect customer feedback. We encourage you to periodically review this Privacy Policy to be informed of how we are protecting your information. Where any changes to this Privacy Policy are material, we will notify you using the contact details you have provided to us (“Amendment Notice“). After the date of any Amendment Notice, you will be deemed and taken to have agreed to the changes to our Privacy Policy by the earlier of (1) you continuing to use this website after the date of any Amendment Notice, (2) by accepting the final product of our services, (3) by requesting additional or new services from us, or (4) 30 days after the date of the Amendment Notice.

We welcome your comments regarding this Privacy Policy. If you believe that we have not adhered to this Privacy Policy, please feel free to bring it to our attention.