Personal Data (Privacy) Ordinance Notification To Employees And Potential Employees

The Personal Data (Privacy) Ordinance ("the Ordinance") came into effect on December 20, 1996. China Construction Bank (Asia) Corporation Limited ("the Bank") is a data user in respect of your personal data, as defined in the Ordinance ("the data") and wishes to bring to your attention, amongst other things, your rights regarding such data, how your data are or will be used, in what circumstances they are or will be disclosed to third parties and how they are or will be retained.

COLLECTION

1. As an employee or as a potential employee of the Bank, data has been collected about you and your families by the Bank in connection with your employment or application, and will continue to be collected from time to time during your period of employment for various purposes.

2. Failure to supply such data as and when necessary will result in the Bank being unable to process your employment application, or administer your employment with the Bank properly

PURPOSES

3. The data relating to the Bank's employees, potential employees and their families may be used for the following purposes relating to such employees and potential employees:

  • processing employment applications;
  • reviewing salaries, bonuses and other benefits;
  • consideration for promotion, training, secondment or transfer;
  • consideration of eligibility for staff loans, provident fund scheme and similar schemes, administration of medical and other benefit or compensation arrangements and for the completion of relevant documents;
  • providing employee references;
  • obtaining legal advice;
  • meeting requirements to make disclosure in any court proceedings, or under the requirements of any law/regulatory requirements binding on, or pursuant to the request of the regulator of, the Bank, any of its branches, holding company, subsidiaries or affiliates, and purposes relating thereto;
  • monitoring compliance with internal rules of the Bank or holding company, checking integrity and possible conflict of interest;
  • determining the suitability of the employee's continuance in employment;
  • purposes relating to the above.

DISCLOSURE

4. Data held by the Bank relating to employees, potential employees and their families will be kept confidential but the Bank may provide such information to:

  • any agent, contractor, or third party service provider who provides administrative, telecommunications, computer or other services to the Bank in connection with the operation of its business;
  • any lawyer and other professionals for the preparation of any document or professional advice involving the employee;
  • any other person under a duty of confidentiality to the Bank, including a group company of the Bank which has undertaken to keep such information confidential;
  • persons seeking employee references with the prescribed consent of the employee concerned in accordance with Section 2(3) of the Ordinance;
  • any actual or proposed purchaser of all or part of the business of the Bank or, in the case of any merger, acquisition or other public offering, the purchaser or subscriber for shares in the Bank; and
  • third parties in the form of the directories of names, title/position and office telephone and fax numbers of key or relevant officers of the Bank for promotional and administrative purposes.

RETENTION OF DATA

5. The Bank may retain:

  • the data of unsuccessful applicants for future recruitment purposes up to two years from the date of receipt;
  • the data of employees for a period of no longer than seven years after their cessation of employment;

UNLESS

  • a written consent is received from concerned individual for the data to be retained for a longer period; or
  • there is a subsisting reason that obliges the Bank to retain the data for a longer period or the data is necessary for the Bank to fulfill any applicable statutory or contractual obligations.

YOUR RIGHTS

6. Under and in accordance with the terms of the Ordinance any individual has the right:

  • to check whether the Bank holds data about him/her and the right of access to such data;
  • to require the Bank to correct any data relating to him/her which is inaccurate;
  • to ascertain the Bank's policies and practices in relation to data and to be informed of the kind of data held by the Bank.

7. In accordance with the terms of the Ordinance, the Bank has the right to charge a reasonable fee for the processing of any data access request.

8. Requests by any employee or potential employee for access to data or correction of data or for information regarding policies and practices and kinds of data held by the Bank in respect of employees are to be addressed to the following:

  • The Human Resources Manager
  • China Construction Bank (Asia) Corporation Limited
  • 15/F, CCB Centre
  • 18 Wang Chiu Road
  • Kowloon Bay
  • Kowloon
  • Hong Kong

EXEMPTIONS

9. The Bank is exempt/entitled to refuse requests for accessing and/or correcting personal data in the circumstances prescribed in the Ordinance, including:

  • Personal data which are composed of information relevant to any staff planning proposals to fill any series of either current or potential positions or to terminate the employment of any group of employees.
  • Personal data involved in a "relevant process" as defined in the Ordinance (such as the process for determining the suitability, eligibility or qualifications of an employee for employment or appointment, promotion, removal or awards or any disciplinary action) until the completion of that process.

OTHERS

10. Insofar as employees or potential employees are also customers of the Bank, attention is drawn to the Bank's Personal Data (Privacy) Ordinance Notification to customers.

11. Nothing in this Notice shall limit the rights of employees and potential employees under the Ordinance. Potential employees include all job applicants to the Bank.