Clause 1 (Personal Data)
“Personal Data” refers to any recorded information relating to a living individual from which his/her identity can be directly or indirectly ascertained as described in the Ordinance and other applicable personal data protection laws, i.e. the personal information that is currently in existence and includes: the name, date of birth, address, phone number, contact details and other descriptions that may identify a specific person’s data; electronic records of facial features, fingerprint and acoustic fingerprints; and health insurance beneficiary numbers etc where a specified person’s data can be identified from the information in isolation (“Personal Identifiable Information”).
Clause 2 (Method of Personal Data collection and Retention and Security of Personal Data)
The Association may ask for Personal Data such as the name, address, phone number, email address of the user in his registration of membership. Also, the Association’s partners (including information providers, advertising companies, advertisement distributors hereinafter referred to as “Partners”) may collect information regarding the users and the Partners’ interactions, such as transaction history and account settlement information. Such information may include the users’ Personal Data.
All Personal Data collected and held by the Association will be kept confidential and the Association retains Personal Data for as long as is necessary to fulfill the original or directly related purpose for which they were collected.
Clause 3 (Purposes of the collection and usage of Personal Data)
The Association collects and uses Personal Data for the following purposes:
- The supply and operation of Services by the Association.
- To reply to users’ inquiries (including personal identification verification).
- Subject to the prior agreement of the Member, to dispatch promotional emails about the new functions, information about updates, activities etc of the services the users are currently using and other services that the Association provide.
- To communicate information about maintenance and other important notices.
- To find users that are in breach of the User’s Terms & Conditions and users who purport to use the services inappropriately or unreasonably, so as to restrict their usage.
- Any ancillary purposes to the abovementioned purposes.
- Any other purposes as may be agreed to between the users and the Assocation in writing from time to time.
Clause 4 (Variation to purpose of usage)
- The Association shall vary the purpose for usage of Personal Data only if it reasonably regards the new purpose of usage is related to the original purpose.
- Should the purpose of usage be varied, the Association shall give notice to the users or publish the new purpose on the website.
Clause 5 (Supply of Personal Data to a third-party)
- The Association shall not provide a third-party with Personal Data without obtaining the user’s prior consent except in the instances listed below subject to the situations where it is allowed under Personal Data Protection laws and other applicable laws and to comply with any statute and subsidiary legislation which are enacted and effective in Hong Kong or other place:
- When it is necessary to protect a person’s life, body or property and it would be difficult to obtain the data subject’s consent.
- When improving public health or facilitating children’s healthy growth are extraordinarily needed and it would be difficult to obtain the data subject’s consent.
- When it becomes necessary to assist the national authorities, regional public bodies or other specified persons in the business described in the laws that vested the implementation power in them, and that obtaining the data subject’s consent would cause hindrance to the business.
- When the Association has already given notice or published on the following matters in advance and declared to the Privacy Commissioner for Personal Data.
- The purpose of usage of Personal Data already includes provision of supply of such Personal Data to third-parties.
- Where third-parties’ provision of supply of Personal Data is accepted.
- The means and methods of provision of supply of Personal Data to third-parties.
- To cease supply of Personal Data to third-parties on request of the data subject.
- The methods for accepting data subject’s requests.
- Notwithstanding the above clauses, in the following circumstances, the recipient of the information shall not be deemed as third-party:
- The Association delegating the processing of all or part of the Personal Data to the recipient within the scope of necessity for meeting a purpose of usage.
- A recipient who acquires the Personal Data by virtue of merger and being successors of businesses.
- When sharing Personal Data with specified persons, the recipient gives prior notice to the data subject about, or puts the data subject in a position to find out at ease about: the content of the Personal Data being shared, the other data users and the purposes of usage of the data users and the name of the manager of the Personal Data.
Clause 6 (Access, Correction and Deletion of Personal Data)
The Association fully complies with the “Right of Access and Correction” obligations of the Ordinance. In accordance with the provisions of the Ordinance, user(s) may request access to the Personal Data supplied by user(s) to ascertain whether the Association holds any Personal Data and, if so, obtain such Personal Data and may request the Association to correct any inaccurate Personal Data for the purpose for which it is being used.
- Should a user find that the Personal Data in the Association’s keeping is erroneous, he may request the Association to amend, add or delete Personal Data (hereinafter the “Amendments”) through the procedures as stipulated by the Association.
- The Association shall make Amendments to the Personal Data as soon as possible after receipt of the user’s request via the process mentioned above, if it deems that processing of the request is necessary.
- When the Association has completed the Amendment, or decided not to amend, it shall notify the user about the decision as soon as possible.
The user(s) also has the right to ascertain the Association’s policies and
practice in relation to the Personal Data.
The Association will, upon satisfying itself of the authenticity and validity
of the data access request from the user(s), make every endeavour to comply with and respond to the request within the period set by the Ordinance (i.e. within 40 days after receiving the request) and shall be entitled to charge a reasonable administrative fee for processing of any Personal Data access request from the user(s).
Clause 7 (Cessation of use of Personal Data and related matters)
Should the data subject of the Personal Data requests the Association to cease usage or to delete (hereinafter “Cessation”) his /her Personal Data due to the usage exceeding the scope of Purpose of Usage stated by the Association or his/her Personal Data is acquired by inappropriate means, the Association shall conduct the investigation necessary as soon as possible.
- The Association shall practice Cessation of the relevant Personal Data as soon as possible if it deems processing the request necessary according to the results of the investigation mentioned in the above provision.
- After the Association decides on Cessation or decides not to cease usage based on the abovementioned requirements on Cessation, it shall notify the user about the decision as soon as possible.
- Notwithstanding the last two provisions, should Cessation create high expenses or in other circumstances where Cessation is difficult, and there are substitutional measures available to protect the user’s rights, the Association shall adopt such substitutional measures.
- The content of the Policy may be amended without notification to users unless otherwise stated in laws and regulations and in this Policy.
Clause 9 (Method of inquiry)
For inquiries about the Policy, please contact us via the following ways.
Address: 11/F Sandoz Centre, 178 Texaco Road, Tsuen Wan, N.T., Hong Kong
Name: Hong Kong Japanese Restaurant Association
Clause 10 (Governing Language)
In the event of any discrepancies between the Japanese, English and Chinese versions of this Policy, the English version shall prevail.