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: -
1) the purposes for which the data is collected are lawful and directly related to a function or activity of M+;
2) the manner of collection is lawful and fair in the circumstances; and
3) 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: -
1) 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
2) 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 a prior consent from the data subject before the usage.
(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 only for purposes which are directly related to the discharge of M+’s activities or functions. We will never sell or rent your information with any other organisation outside M+. We will ask for your consent to share personal information with third parties (except for those already listed out in this Statement) unless otherwise required or permitted by law. We may transfer your personal information to WKCDA for data storage and maintenance purpose and to our service providers such as IT contractors, cloud service providers and confidential documents disposal service agents, etc. in order for them to perform services on our behalf. We require all service providers to respect the security of your personal data and comply with the Ordinance. We do not allow our service providers 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. 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. You will be informed of the transferees of personal data when your personal data is collected. For personal data that is stored in cloud servers of cloud service providers for M+, personal data may be transferred out of Hong Kong where the cloud servers are located.
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. In seeking the consent, all practicable steps will be taken to ensure that: -
1) information provided to you is clearly understandable and readable; and
2) 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. 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 in direct marketing for the first time, and will cease to use the data in direct marketing if you so require. If M+ intends to provide personal data to another person for use by that other person in direct marketing, 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: -
1) restriction of access to personal data on a ‘need-to-know’ basis;
2) regular review and enhancement of security measures for protection of personal data in the servers, user computers, or transmission of electronic messages;
3) regular change of passwords for IT facilities, or accounting and personnel systems;
4) encryption of all backup tapes that are to be transported to offsite storage;
5) limited staff access rights to office areas storing confidential information; and
6) 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
(f) Access to and correction of personal data
M+ recognises your rights of access to and correction of your own 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];
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.