Hang Seng Bank Limited, Macau Branch
Notice to Job Applicants, Employees and Non-Employees*
Relating to the Macau Personal Data Protection Act (the “Act”)
(this “Notice”)
Collection of Data
(a) It is necessary for job applicants of, and potential non-employees providing services (the “Services”) to Hang Seng Bank Limited (the “Bank”, which term shall include its wholly owned subsidiaries, branches (including its Macau Branch), representative offices and affiliates) (collectively “we”, “us”, “our” and including our successors and assigns), wherever situated, to supply the Bank with certain personal data about themselves in connection with their application or proposed provision of Services. Personal data belonging to family members may also be collected from job applicants and potential non-employees in connection with their application or proposed provision of Services.
(b) For job applicants, if your application for employment is successful, your personal data collected in connection with such application will be retained by the Bank and form part of your employee records. For potential non-employees, if you are engaged to provide Services, your personal data collected will be retained by the Bank. Further personal data belonging to you and/or your family members may also be collected from you during your employment with, or the period of your provision of Services to, the Bank.
(c) Data may be collected from you directly, from someone acting on your behalf or from another source, and combined with other data available to the Bank or members of the HSBC Group (“HSBC Group” means HSBC Holdings plc, The Hongkong and
Shanghai Banking Corporation Limited, and each of its their subsidiaries (including the Bank), holding companies, branches, representative offices, associated entities and their affiliates (together or individually) and “member of the HSBC Group” has the same meaning).
(d) Irrespective of the above, Hang Seng Bank Limited, Macau Branch, with registered office as at to-date at Avenida Panorâmica do Lago Nam Van, n.º 810, Fortuna Business Centre, 11.º andar, E, F, G e H, registered with the Macau Commercial and Moveable Properties Registry under number 17558 (SO), shall be deemed as the controller of the data that the Bank may collect about you.
(e) If the data requested by us is not provided, we will be unable to process your employment application, or we may be unable to allow the employment to continue or provide certain employee benefits, or we may be unable to allow you to provide or continue to provide the Services to the Bank.
Use of Data
(e) We will use data for the following purposes or any of them (which may vary depending on the nature of your relationship with us):-
(i) considering and processing your present and/or future employment application(s) including pre-employment checks and background screening/vetting;
(ii) conducting employment checks whenever appropriate during employment;
(iii) conducting background screening/vetting prior to your provision of Services and whenever appropriate during the period of your provision of Services;
(iv) managing your provision of Services including granting of access to the Bank or HSBC Group systems and premises;
(v) assisting with applications for work permits, licences and/or registrations with any governmental, regulatory or other authorities or self-regulatory or industry bodies or associations of financial service providers in connection with your employment or your provision of Services;
(vi) determining and reviewing salaries, incentives, bonuses and other benefits;
(vii) considering and administering appraisals, promotions, training, secondments, assignments or transfers;
(viii) considering eligibility for and administration of staff loans, health benefits, retirement benefits and other benefits and entitlements;
(ix) providing the name, title, office telephone number, and other business contact details in the ordinary course of our business;
(x) conducting internal analytical and statistical studies concerning human resources related matters, including assessing the demographics of the employee population;
(xi) providing employee references;
(xii) monitoring and administering compliance with our internal rules;
(xiii) meeting obligations, requirements or arrangements of the Bank and/or any member of the HSBC Group, whether compulsory or voluntary, to comply with or in connection with:
(1) any law, regulation, judgment, court order, voluntary code, sanctions regime, within or outside the Macau Special Administrative Region (“Macau”) existing currently and in the future (“Laws”);
(2) any guidelines, guidance or requests given or issued by any legal, regulatory, governmental, tax, law enforcement or other authorities, or self-regulatory or industry bodies or associations of financial services providers within or outside Macau existing currently and in the future and any international guidance, internal policies or procedures;
(3) any present or future contractual or other commitment with local or foreign legal, regulatory, judicial, administrative, public or law enforcement body, or governmental, tax, revenue, monetary, securities or futures exchange, court, central bank or other authorities, or self-regulatory or industry bodies or associations of financial service providers or any of their agents with jurisdiction over all or any part of the Bank and/or HSBC Group (together the “Authorities” and each an “Authority”) that is assumed by, imposed on or applicable to the Bank and/or any member of the HSBC Group; or
(4) any agreement or treaty between Authorities;
(xiv) complying with any obligations, requirements, policies, procedures, measures or arrangements for sharing data and information within the Bank and/or HSBC Group and/or any other use of data and information in accordance with any programmes for compliance with sanctions or prevention or detection of money laundering, terrorist financing or other unlawful activities;
(xv) conducting any action to meet obligations of the Bank and/or any member of the HSBC Group to comply with Laws or international guidance or regulatory requests relating to or in connection with the detection, investigation and prevention of money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, evasion of economic or trade sanctions and/or any acts or attempts to circumvent or violate any Laws relating to these matters;
(xvi) meeting any obligations of the Bank and/or any member of the HSBC Group to comply with any demand or request from the Authorities;
(xvii) administering any other human resources related matters;
(xviii) dealing with matters concerning your personal health and safety; and (xix) purposes relating thereto.
(f) Data held by us or a member of the HSBC Group will be kept confidential but we or a member of the HSBC Group may provide data to the following parties or any of them (whether within or outside Macau) for the purposes set out in paragraph (e) above:-
(i) any member of the HSBC Group;
(ii) any agents, contractors, sub-contractors, insurers/insurance brokers, professional advisers or associates of the Bank and/or the HSBC Group (including their employees, officers, agents, contractors, sub-contractors, service providers and professional advisers);
(iii) any third party service providers (including their employees and officers) who provide services to the Bank and/or any member of the HSBC Group in connection with the operation or maintenance of our business (including but not limited to performance of pre-employment check or background screening/vetting, provision or administration of benefits and services entitled by employees, and share scheme administration);
(v) any persons under a duty of confidentiality to us which have undertaken to keep such data confidential;
(vi) any persons seeking employee references in respect of employees with the required consent of the employee concerned in accordance with the Act;
(vii) any persons to whom we are under an obligation or required or expected to make disclosure for the purposes set out in, or in connection with, paragraph (e)(xiii), (e)(xiv) or (e)(xv) above;
(viii) any actual or proposed purchaser(s) of all or part of our business or, in the case of any merger, acquisition or other public offering, the purchaser(s) or subscriber(s) for our shares; and
(ix) any of your emergency contacts.
Such data may be transferred in and to a place outside Macau.
(g) If you are also a customer of the Bank, attention is drawn to the relevant personal data privacy notice to customers.
Provision of Another Person’s Data
(h) Where you provide to us data about another person, you should give to that person a copy of this Notice and, in particular, tell him/her how we may use his/her data and obtain his/her express consent and agreement to the use of his/her data in accordance with this Notice.
Data Access Requests / Data Correction Requests
(i) You have the right:-
(i) to check whether we hold data about you and to access such data;
(ii) to require us to correct any data relating to you which is inaccurate; and
(iii) to ascertain our policies and practices in relation to data and to be informed of the kind of data held by us.
(j) In accordance with the provisions of the Act, we have the right to charge a reasonable fee for the processing of any data access request.
(k) You should send requests for access to data or correction of data or for information regarding policies and practices and kinds of data held to the registered address of Hang Seng Bank Limited, Macau Branch, which as at to-date is at :-
Hang Seng Bank Limited, Macau Branch
Units E-H, 11/F, Fortuna Business Centre
No. 810 Avenida Panoramica Do Lago Nam Van
Macau
(l) Nothing in this Notice shall limit your rights as a data subject under the Act. Date: April 2020
Confirmation and Acknowledgment of the Job Applicant, Employee or Non-Employees (as the case may be) :
I hereby acknowledge receipt of this Notice and certify that I have read carefully and understood this Notice and hereby expressly consent and agree to this Notice and in particular, hereby expressly consent and agree that :-
(a) my personal data will be collected, used, processed, disclosed and transferred in accordance with this Notice and the applicable law;
(b) the Bank may provide the personal data of me to any agent, contractor, or third party service provider who provides administrative and/or other services to the Bank. These agents, contractors and service providers may be located outside Macau; and
(c) in the case of a job applicant, if my current job application is not successful, the Bank may retain my personal data for a maximum period of two years from the date of rejection of my job application and such data may be retained for a longer period if there is a subsisting reason that obliges the Bank to do so.
Full Name
Signature
Date
*Note: A non-employee is an individual who is not employed by the Bank but is either self-employed or employed by a third party. For the avoidance of doubt, an individual referred by us as a contractor, consultant, service provider worker, adviser or non-executive director is a non-employee for the purposes of this Notice.