Your privacy is very important to us. We have developed this Sodexo Data Protection Policy (Hong Kong S.A.R.) in order for you to understand how we collect, use, store, share, transmit, transfer or otherwise process (collectively “process”) your Personal Data. This Sodexo Data Protection Policy (Hong Kong) describes the measures we take to ensure the protection of your Personal Data. We also tell you how you can reach us to answer any questions you may have about data protection.
SCOPE
The Sodexo Data Protection Policy (Hong Kong S.A.R.) applies to all Sodexo entities in Hong Kong.
This policy applies to the Processing of Personal Data collected by Sodexo, directly or indirectly, from all individuals including, but not limited to Sodexo’s current, past or prospective job applicants, employees, clients, consumers, children, suppliers/vendors, contractors/subcontractors, shareholders or any third parties, with “Personal Data” being defined as any data: (a) relating directly or indirectly to a living individual; (b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and (c) in a form in which access to or processing of the data is practicable.
In this policy, “you” and “your” means any covered individual. “We”, “us”, “our” and “Sodexo” means the Sodexo entities in Hong Kong.
COLLECTION AND PROCESSING USE OF YOUR PERSONAL DATA
COMPLIANCE WITH THE DATA PROTECTION LAW AND ANY ADDITIONAL APPLICABLE DATA PROTECTION LAW
We are committed to complying with the Data Protection Law and any applicable legislation relating to Personal Data and we shall ensure that Personal Data is collected and processed in accordance with provisions of the Data Protection Law and other applicable laws, if any.
LAWFULNESS, FAIRNESS AND TRANSPARENCY
We do not collect or process Personal Data without having a lawful reason to do so. We may have to collect and process your Personal Data where necessary for the performance of a contract to which you are party, or when it is necessary for compliance with a legal obligation to which we are subject or where required, with your prior consent, and other legitimate reasons according to the Data Protection Law.
When collecting and processing your Personal Data, we will provide you with a fair and full information notice or privacy statement about who is responsible for the processing of your Personal Data, for what purposes your Personal Data are processed, who the recipients are, what your rights are and how to exercise them, etc., unless it is impossible or it requires disproportionate efforts to do so.
When required by applicable law, we will seek your prior consent (e.g. before collecting any Personal Data we regard as sensitive).
LEGITIMATE PURPOSE, LIMITATION AND DATA MINIMIZATION
Your Personal Data is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
When Sodexo acts for its own purposes, your Personal Data is processed mainly for, but not limited to, the following purposes: recruitment management, human resources management, accounting and financial management and related controls and reporting, finance, treasury and tax management, risk management, management of employees’ safety, provision of active directory, IT tools or internal websites and any other digital solutions or collaborative platforms, IT support management , including infrastructure management, systems management, applications, health and safety management, information security management, client relationship management, bids, sales and marketing management, supply management, internal and external communication and events management, compliance with anti-money laundering obligations or any other legal requirements, data analytics operations, legal corporate management and implementation of compliance processes.
DATA ACCURACY AND STORAGE LIMITATION
Sodexo will keep Personal Data that is processed accurate and, where necessary, up to date. Also, we will only retain Personal Data for as long as necessary for the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements and, where required for Sodexo to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled. If you want to learn more about our specific retention periods for your Personal Data established in our retention policy, you may contact us at dpo.hk@sodexo.com.
Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.
SECURITY OF YOUR PERSONAL DATA
We implement appropriate technical and organizational measures to protect Personal Data against accidental or unlawful alteration or loss, or from unauthorized, use, disclosure or access, in accordance with our Group Information and Systems Security Policy.
We take, when appropriate, all reasonable measures based on Privacy by design and Privacy by default principles to implement the necessary safeguards and protect the Processing of Personal Data. We also carry out, depending on the level of risk raised by the processing, a privacy impact assessment (“PIA”) to adopt appropriate safeguards and ensure the protection of the Personal Data. We also provide additional security safeguards for Personal Data we consider to be sensitive.
DISCLOSURE OF YOUR PERSONAL DATA
We share your Personal Data, in the following circumstances:
- with Sodexo entities for the purposes described in this policy;
- with Sodexo clients or prospective clients by tender (primarily schools, hospitals and banks) in relation to the purposes described in this policy;
- with third parties including certain service providers we have retained in connection with the purposes described in this policy and the services we provide;
- with companies providing services for money laundering and terrorist financing checks and other fraud and crime prevention purposes and companies providing similar services, including financial institutions and regulatory bodies with whom such Personal Data is shared;
- with courts, law enforcement authorities, regulators, government officials or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process;
- with service providers who we engage within or outside of Sodexo, domestically or abroad, e.g. shared service centres, to process Personal Data for any of the purposes listed above on our behalf and in accordance with our instructions only;
- if we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets to whom we assign or novate any of our rights and obligations.
INTERNATIONAL PERSONAL DATA TRANSFERS
The Data Protection Law does not allow the transfer of Personal Data to a place outside Hong Kong except in specified circumstances. For transfers of your Personal Data outside Hong Kong, we will take all reasonable precautions and exercise all due diligence to ensure that the data will not be dealt with in a manner that would constitute a contravention of the Data Protection Law.
For transfers of your Personal Data to such countries or territories, either to entities within or outside Sodexo, Sodexo has put in place an adequate safeguard to protect your Personal Data. You will be provided with more information about any transfer of your Personal Data outside of Hong Kong at the time of the collection of your Personal Data through appropriate privacy statements.
For further information, please contact us at dpo.hk@sodexo.com.
COOKIES
Some of our websites may use “cookies.” Cookies are portions of text that are placed on your computer’s hard drive when you visit certain websites. We may use cookies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a website.
We will let you know when you visit our websites what types of cookies we use and how to disable such cookies. When required by law, you will have the ability to visit our websites and refuse the use of cookies at any time on your computer. For more details, please consult our Cookies Policy.
YOUR RIGHTS
Sodexo is committed to ensure protection of your rights under applicable laws. You will find below a table summarizing your different rights. The following table is not an exhaustive list and other rights as stipulated in applicable laws, regulations and other relevant documents as amended from time to time may apply.
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Right of access and rectification
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You have the right to make a “data access request” pursuant to the Data Protection Law. This right enables you to request a copy of the Personal Data we hold about you. You may also request rectification of inaccurate Personal Data after you have been provided with a copy of your Personal Data following a data access request. |
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Right to opt out from direct marketing activities
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We are required to notify you and obtain your consent before using your Personal Data in any direct marketing activities or transferring your data to a third party for direct marketing activities.
We will not provide your personal data to third parties for direct marketing or other unrelated purposes without your consent.
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Right to lodge a Complaint
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You can choose to lodge a Complaint with the Commissioner, in compliance with the Data Protection Law. A complaint must be in writing in Chinese or English and must specify the act or practice complained of and the data user involved.
Please visit the website of the Office of the Privacy Commissioner for Personal Data, Hong Kong at the following address: https://www.pcpd.org.hk/tc_chi/complaints/introduction/introduction.html for the various complaint channels available.
You have also the right to lodge your Complaint before the courts where the Sodexo entity has an establishment or where you have your habitual residence. |
You may, at any time, exercise any of the above rights or contact us with any data protection related queries or concerns:
- by completing the Request form and send it to the generic email address as indicated in the privacy notices and/or the privacy policies provided to you at the time of the collection of your Personal Data or,
- by completing and submitting the dedicated Request webform;
For more details, consult the Sodexo Data Protection Rights Management Policy (Hong Kong S.A.R.).
CHILDREN
Children merit specific protection with regard to their Personal Data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the Processing of Personal Data. Such specific protection should, in particular, apply to the use of Personal Data of children for the purposes of marketing or creating personality or user profiles and the collection of Personal Data with regard to children when using services offered directly to a child.
We do not collect and process Children’s Personal Data without the consent of the holder of parental responsibility where required. In particular, we do not promote or market our services to Children, except for specific services and upon the consent of the holder of parental responsibility. If you believe that we have mistakenly collected a Children's Personal Data, please notify us using the contact details provided below.
UPDATE
We may update this policy from time to time as our business changes or legal requirements change. If we make any significant changes to this policy, we will post a notice on our website when the changes go into effect, and where appropriate, send a direct communication to you about the change.
CONTACT US
If you have questions, comments and requests regarding this policy, please contact your Local Single Data Protection of Contact at the following email address: dpo.hk@sodexo.com .
Commissioner means the Privacy Commissioner for Personal Data established under section 5(1) of the Data Protection Law.
Complaint means the complaint lodged by a Data subject under section 37 of the Data Protection Law.
Data User, in relation to personal data, means a person who, either alone or jointly or in common with other persons, controls the collection, holding, processing or use of the data.
Data Protection Law means the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong) and other applicable data protection laws and regulations in Hong Kong.
Hong Kong or HK means the Hong Kong Special Administrative Region.
Local Single Data Protection Point of Contact means the person appointed by a Sodexo entity, in charge of handling local data privacy issues. The point of contact is part of the Global Data Protection Network.
Personal Data means any data-(a) relating directly or indirectly to a living individual; (b) from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and (c) in a form in which access to or processing of the data is practicable.
Processing or Processing of Personal Data means in relation to Personal Data, includes amending, augmenting, deleting or rearranging the data, whether by automated means or otherwise.
Privacy by design means that where a new digital project or a new business opportunity is initiated, involving Processing of Personal Data, data protection shall be taken into account, both at the time of the definition of the means and the related appropriate technical and organizational security measures for the Processing and at the time of the implementation of Processing itself. The same principle applies where Sodexo intends to merge with or acquire a company, it shall make sure that data protection principles are respected.
Privacy by default means that personnel should be trained to handle Personal Data and implement procedures to ensure that each time Personal Data is processed, appropriate technical and organizational measures are taken for ensuring that, by default, only Personal Data which is necessary for each specific purpose is processed (in terms of amount of data processed, extent of the processing and data retention) and is made accessible only to a limited number of persons who need to know.
Request means one of the mechanisms provided by the Data Protection Law to individuals to allow them to exercise their rights (such as the right of access, to rectification etc.). An individual may make a Request against any entity which processes its Personal Data.
Sodexo entity or Sodexo entities means any corporation, partnership or other entity or organization which is admitted from time to time as a member of the Sodexo Group.