(a)   Chinese Visa Application Service Center (“the Visa Center”) is committed to protecting the privacy, confidentiality and security of the personal information and/or sensitive personal information it holds by complying with the requirements of Personal Data (Privacy) Ordinance (Cap. 486) (“the PDPO”) with respect to the management of personal information. The Visa Center is equally committed to ensuring that all its employees and agents uphold these obligations.

(b)   The Visa Centre will collect, transfer, store, process and use all the  Applicants’ Personal Information in accordance with the PDPO for the purpose of fulfilling the Visa Centre's legal responsibility and obligation, including but not limited to applying for Chinese visas.

(ii)       Statement of Practice

(a)   Your Personal Data and Sensitive Personal Data collected and held by the Visa Center will be used for the purpose of visa application.

(b)  The Visa Center will not provide your personal data to third parties for direct marketing or other unrelated purposes without your consent.

 

(iii)     Definitions

(a)    Personal Data:

                         i.   Under the PDPO, personal data means any data

1.     relating directly or indirectly to a living individual;

2.     from which it is practicable for the identity of the individual to be directly or indirectly ascertained; and

3.     in a form in which access to or processing of the data is practicable.

                       ii.   Type of Personal Information used

Type of personal information	Description
Biographical	Your name and date of birth
Financial	Your financial position, status and history, including details of your income and expenditure
Contact	Your postal address, telephone number(s), email address and other contact details, including how to contact you
Socio-Demographic	Details about your work or profession, nationality, education
Communications	What we learn about you from letters, emails and telephone conversations between you and us
Relationships	Your family and other relationships
Documentary Data	Details about you that are stored in documents in different formats, or copies of them. This could include things like your passport, identity card, driver’s licence or birth certificate
Consents	Any permissions, consents or preferences that you give us
National Identifier	A number or code given to you by a government to identify who you are, such as an identity card

            (b)  Sensitive Personal Data: 
                  

                         i.   personal data regarding an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and physical or mental health or sexual life; or

                      ii.   under Guidance on Collection and Use of Biometric Data issued by Office of the Privacy Commissioner for Personal Data of Hong Kong, biometric data includes the physiological data with which individuals are born with such as DNA samples, fingerprints, palm veins, hand geometry, iris, retina and facial images (most cannot be changed) and behavioral data developed by an individual after birth including handwriting pattern, typing rhythm, gait and voice pattern (prone to changes by the individual concerned either consciously or subconsciously).

                         iii.   If we process sensitive personal data, we will only do this if one of the following conditions is satisfied:

1.    There is a substantial public interest - for example, if we use information from criminal records to prevent, detect or prosecute fraud or unlawful acts. This also applies in situations where we find out that you have a health issue and we need to use this information in order to provide you with services that are suitable to you, and to ensure that you are treated fairly and equally.

2.     To protect or enforce our legal rights, or to defend claims.

3.     With your explicit consent.

4.    To protect your vital interests, where you are unable to give your consent – for example, if we need to give you urgent medical assistance when you are in the Visa Center.

(iv)     Collection and Use of Personal Data and/or Sensitive Personal Data

(a)    When the Visa Center collects Personal Data and/or Sensitive Personal Data from you, you will be informed of their uses and purposes and even the third parties to whom they may be disclosed. 

(b)   The Visa Center may collect Personal Data and/or Sensitive Personal Data that you consent and voluntarily provide in the following situations:

                        i.  You submit your application form with photo, and other supporting documents like copy of HKID card. Upon submission, the Visa Center will take a facial photograph and collect 10 fingerprints.

                        ii.  In order to process your visa applications, the Visa Center must collect your Personal Information from the application documents and enter the information into the computer system.

                         iii.  The Visa Center may collect your Personal Information through our Center, telephone, email, fax, application documents (including passports and photos), online application form system, online appointment system, video monitoring system, CCTV and other media.

                             iv.  Information we collect when you use our products and services includes:

1.    Amount, frequency, type, location, origin and recipients

2.    Payment

3.    Information from third parties

(a)    People acting on your behalf (for example, your solicitor or accountant)

(b)    Companies that introduce you to us

(c)    Companies involved in processing payments

(d)    Employers (for example, if we ask for evidence of employment and salary)

(e)    Government and law enforcement agencies

                             v.   When you browse and navigate through our website, the Visa Center may collect certain data and information about your electronic device, browsing actions and patterns, interaction with this website, your IP address through the use of Cookies, location, language, access time and referring website address. The purpose of such collection may be analyzing trends, administering this website, tracking your movement on this website and gathering demographic data. All data collected by way of Cookies is presented in aggregated anonymous data.

(c)   The Visa Center continues to adhere to the PDPO and only process your Personal Data and/or Sensitive Data in alignment with the purposes for which they are collected. Your Personal Data and/or Sensitive Personal Data will be retained for the time period as required and necessary to serve the purpose for which they are collected.

(d)    If you are minors, you are requested to allow your responsible adult to assist in the submission of your personal data.

(e)   How we will use your personal information

 

HOW WE CAN USE YOUR INFORMATION	OUR REASONS FOR DOING THIS	OUR LEGITIMATE INTERESTS IN DOING THIS
To process your visa applications to you
(a)        To provide the services you have applied for (b)        To process your instructions (c)         To manage complaints and seek to resolve them (d)        To fix mistakes	(a)     performing our contract (b)     our legal obligations (c)      your consent (d)     our legitimate interests	(a)   protecting and enforcing our legal rights (b)   obtaining your consent to do something, when we need this
To advise you as to whether a service is suitable for you
(a)      To advise you on the suitability of a service, where we offer an advice service	(a)    performing our contract (b)    our legal obligations (c)     your consent (d)    our legitimate interests	(a)    protecting and enforcing our legal rights
To manage, develop and improve our business
(a)    To run our business in an efficient and proper way, and in accordance with the laws and regulations that apply to us (b)    To study how customers use our services (c)     To develop new ways to meet our applicants’ needs and provide our services (d)    To improve and update our brands, services, or develop and test new ones (e)    To update and improve our business processes, and the way we work with other Visa Agencies who provide services to us or to our applicants (f)      To respond to changes in law or regulation	(a)    our legal obligations (b)    your consent (c)     our legitimate interests	(a)    developing our business and making it stronger (b)    improving the efficiency of our business and reducing costs
To exercise our legal rights
(a)    To exercise our rights under law or regulations (b)    To exercise our rights under our contracts with you or with third parties	(a)    performing our contract (b)    our legitimate interests	(a)    protecting and enforcing our legal rights

  

(f)    We may need to collect personal information to comply with our legal obligations, or under the terms of a contract we have with you. If you choose not to give us this personal information, it may delay or prevent us from meeting our obligations. It may also mean that we cannot perform services needed to process your visa application. It could mean that we cancel a service you have with us. If it is optional for you to give us certain information, we will tell you at the time we ask for that information.

(v)   Accuracy and Retention

(a)   to take all practicable steps to ensure that your personal data are accurate.

(b)  to collect only that information as required to process your visa application and retain your personal data for the minimum period of time for the purpose of the visa process and the contractual obligations of the Visa Center with the Commissioner’s Office

(c)   We will keep your personal information for as long as you are an applicant of the Visa Center. After you stop being an applicant, we will typically keep your personal information for up to 5 years for one of these reasons:

(i)    To respond to any questions or complaints

(ii)    To show that we treated you fairly

(iii)   To maintain records according to rules that apply to us

We may keep your personal information for longer than 5 years if we cannot delete it for legal, regulatory or technical reasons. We may also keep it for research or statistical purposes. If we do, we will make sure that your privacy is protected and only use it for those purposes

 

(vi)     Disclosure of Personal Data and/or Sensitive Personal Data

(a)   The Visa Center will provide your Personal Data and/or Sensitive Personal Data to the Commissioner’s Office to process your visa application and decide whether to grant or deny a visa to go to China.

(b)   Where necessary and appropriate, your Personal Data and/or Sensitive Personal Data may be transferred to third parties such subcontractors, suppliers, agents or consultants to perform tasks such as data storage for and on behalf of the Visa Center but under its control and instructions. Under the PDPO, whenever required, the Visa Center will enter into a written agreement or contract with the third parties and require them to provide and maintain the same high level of security measures and protection on your Personal Data and/or Sensitive Personal Data and ensure that they agree to use those Personal Data and/or Sensitive Personal Data only for the purpose as designated.

(c)    Other organizations with which we may share your personal information include:

(i)     Law enforcement agencies

(ii)    Organizations that introduce you to us

(iii)   Any person you have appointed to act as your contact with us (for example, a person acting as your representative under a power of attorney)

(d)   You agree and confirm that your Personal Information can be collected, transmitted, stored, processed and used by the Visa Centre in accordance with this clause no matter this information is transmitted to the Visa Centre through the Internet or directly by the clients concerned or the representatives entrusted by the applicants

(e)  For the purposes of your Chinese visa application, the Visa Center may transfer your personal data, including your biometric data, outside Hong Kong to the Commissioner’s Office or relevant China authorities in China, where there may not be in place data protection laws which are substantially similar to, or serve the same purposes as, the Personal Data (Privacy) Ordinance. That means your personal data, including your biometric data, may not be protected to the same or similar level in Hong Kong.

(f)   Personal Information, including video recording, telephone recording, electronic information etc., may be collected forsubsequent use by the Visa Centre when necessary (e.g., when it is requested by the competent department of the Government of the HKSAR or for purpose of internal service supervision).

(g)   In the event of a lawful order or request, the Visa Center may be required to disclose your Personal Data and/or Sensitive Personal Data in accordance therewith.

(vii)    Security Measures to Protect Personal Data and/or Sensitive Personal Data

 

(a)   The Visa Center takes its reasonable effort in all respects to safeguard your Personal Data and/or Sensitive Personal Data against any unauthorized access, use and disclosure and to maintain the accuracy of your Personal Data and/or Sensitive Data.

(b)   Personal information provided by Applicants will be transferred to and stored at the Commissioner’s Office. The Visa Centre will save the collected applicant’s personal information in physical or electronic form and take reasonable administrative measures in order to prevent information leakage or unauthorized use and ensure the proper use of all the information.

(c)    The Visa Center will take every reasonable precaution to ensure the safety of the Personal Information and documents of the applicants strictly in line with the PDPO, but shall not be liable for any consequences due to events or acts beyond its reasonable control such as natural disasters (force majeure), unforeseen accidents and larceny etc, which may occur when the information and documents are in transit between the Visa Center and the Commissioner’s Office.

(viii)  Openness and Transparency

(a)   The Visa Center attaches a great importance to your privacy and, under the PDPO, is open and transparent about its process and procedures of how personal data are collected, used and disclosed in the course of your visa application. 

(ix)  Questions or Complaints

 

(a)   As the Visa Center commits to handle your questions or complaints about your personal data protection and privacy, please feel free to contact the Visa Center hongkongcenter@visaforchina.org.

 

(x)   Change to this Privacy Policy Statement

We may change this Privacy Policy Statement from time to time. You should check this Privacy Policy Statement occasionally to ensure that you are aware of the most recent version that will apply each time you access the website.