Learn to Swim@JC (“the Project”), as a Data User, respects personal data privacy and is committed to fully implementing and complying with the data protection principles and all relevant provisions of the Personal Data (Privacy) Ordinance (Cap 486) and Codes of Practice issued by the Privacy Commissioner for Personal Data from time to time. The Project is equally committed to ensuring that all its officials, staff and agents uphold these obligations. The Project undertakes to:
- collect personal data directly related to the functions and activities of the Project only for lawful purposes, and by lawful and fair means;
- take all reasonably practicable steps to ensure that personal data are accurate, up-to-date and kept no longer than necessary;
- use the personal data collected only for purposes or directly related purposes for which the data were to be used at the time of collection, unless the Data Subject concerned has given his consent to a change of use or such use is permitted by law;
- take all reasonably practicable steps to ensure that personal data are protected against unauthorized or accidental access, processing, erasure or other use;
- take all reasonably practicable steps to ensure that the public is informed of the kinds of personal data that the Project holds and the purposes for which the data are to be used; and
- permit Data Subjects to access and correct their personal data and process the data access / correction requests in a manner permitted or required by law.
TYPES OF PERSONAL DATA PROCESSED BY LEARN TO SWIM@JC
The Project, in the course of its operations, may process the following types of personal data of Officers, Executive Committee Members, swimming clubs, coaches, staffs, applicants, participants and other individuals:
- Identification data (such as the photocopy of HKID card or Student Handbook or any other official document);
- Personal details (such as Name of English and Chinese, sex, date of birth, address, telephone number, e-mail address and other contact details, size of the swimsuit, record of receiving “Certificate of CSSA Recipients (for Medical Waivers)”, record of receiving “Household Application for Student Financial Assistance Schemes - Notification of Result”);
- Employment record (such as job applications, past and present staff’s job particulars, details of salary, payments, benefits, leave, training records, group medical and dental insurance records, mandatory provident fund schemes participation, performance appraisals, and disciplinary matters);
- Health information (such as emergency contact details); and
- Images (such as photo for application, photo of an individual participating in the Project’s events / activities, and image of a visitor to the premises relating to the Project@JC captured by CCTV system (as the case may be)).
MAIN PURPOSES FOR PROCESSING PERSONAL DATA
The purposes for which the Project processes personal data are:
- To verify an individual’s identity;
- To ensure compliance with the rules and regulations of the Project and that of local and international sports governing bodies, including but not limited to, Hong Kong China Swimming Association (HKGSA), Federation Internationale De Natation (FINA), Asian Swimming Federation (AASF) and Sports Federation and Olympic Committee of Hong Kong, China (SF & OC) and Olympic Charter, the rules and regulations of the International Olympic Committee;
- To maintain and develop services, including programmes, activities, and events;
- To organize, conduct and promote the Project’s events / activities;
- To maintain relationships with the Project’s participating swimming clubs;
- To handle complaints / enquiries as appropriate;
- To carry out surveys and statistical analyses;
- For purposes related to recruitment of staff, manpower management, and maintenance of employment relationship;
- For security purposes; and
- Where otherwise reasonably necessary for the Project to carry out its functions.
LAWFUL BASIS FOR PROCESSING PERSONAL DATA
The Project only processes personal data where there is a lawful basis for doing so.
- Consent: the Data Subject has given clear consent for the Project to process their personal data for a specific purpose.
- Contract: the processing is necessary for a contract the Project has with a Data Subject, or because a Data Subject has asked the Project to take specific steps before entering into a contract.
- Legal obligation: the processing is necessary for the Project to comply with the law.
- Vital interests: the processing is necessary to protect the Data Subject’s life.
- Public task: the processing is necessary for the Project to perform a task in the public interest.
- Legitimate interests: the processing is necessary for the Project’s legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
In addition, the Project will on occasion need to process special category personal data or criminal records information (such as when carrying out No Criminal / Sexual Conviction Record Checks) in accordance with rights or duties imposed on it by law, including as regards safeguarding and employment, or from time to time by explicit consent where required.
HOW LEARN TO SWIM@JC COLLECTS PERSONAL DATA
- Generally, the Project collects personal data from the individual direct. This may be via a form, an online platform or simply in the ordinary course of interaction or communication.
- In some cases, personal data will be supplied by third parties (such as affiliated clubs or other professionals or or schools or other social welfare organizations or authorities working with that individual) or collected from publicly available resources.
- The Project will not collect personal data from a minor without prior consent from a person with parental responsibility for the minor.
ACCESS TO AND SHARING OF PERSONAL DATA
The Project may be required to share personal data with third parties, such as:
- professional advisers (such as lawyers, insurers and auditors);
- governmental authorities;
- partners or related organizations (such as HKGSA, FINA, AASF, International Olympic Committee, Organizing Committee of multi-sports Games, SF& OC, The Hong Kong Jockey Club, The Ocean Park Corporation or other social welfare organizations); and
- where appropriate, parties who will be contacted by us during the handling of a complaint / enquiry case including the party being complained against and/or other parties concerned.
- For the most part, personal data collected by the Project will remain within the Project and will be processed by appropriate individuals on a “need to know” basis.
- Some of the Project’s processing activity is carried out on its behalf by third parties, such as IT systems, web developers or cloud storage providers. All the Project’s service providers are bound by contractual duty to keep confidential any data they come into contact with against unauthorized access, use and retention.
INFORMATION COLLECTED ON THE WEBSITES OF LEARN TO SWIM@JC
- A cookie is a small amount of data created in a computer when a person visits a website on the computer. It often includes an anonymous unique identifier. A cookie can be used to identify a computer. Cookies are used by the Project to collect statistics about the number of visits of users to the Project’s websites and the users' preference of websites and online services offered on the Project’s websites. Users may choose to accept or reject cookies. If users reject cookies, they will not be able to use some of the functions of the websites, such as saving preferences and accessing some online services.
- When a user visits the Project’s websites, the webserver makes a record of the visit that includes the user’s IP addresses (and domain names), the types and configurations of browsers, language settings, geo-locations, operating systems, previous sites visited, and time/duration and the pages visited (webserver access log). The Project uses the webserver access log for the purpose of maintaining and improving its websites such as to determine the optimal screen resolution, which pages have been most frequently visited etc. The Project uses such data only for website enhancement and optimization purposes. The Project does not use, and have no intention of using the visitor data to personally identify anyone.
Personal data will not normally be kept longer than is necessary for the fulfilment of the purpose for which it is collected. Personal data that is no longer needed is either irreversibly anonymized (and the anonymized information will be retained) or securely destroyed.
DATA ACCESS AND CORRECTION
- Data access requests must be made in writing using the 11form prescribed by the Privacy Commissioner for Personal Data. The completed form should be sent directly to the Project Office by fax (23350200), by email (email@example.com), or in person or by post to:
Learn to Swim@JC office
Unit I, 9/F, MG Tower,
133 Hoi Bun Road,
Kwun Tong, Kowloon.
- When handling a data access or correction request, the Project will check the identity of the requester to ensure that he is the person legally entitled to make the data access or correction request.
1The DATA ACCESS REQUIEST FORM is available on the Office of the Privacy Commissioner for Personal Data’s website: https://www.pcpd.org.hk/english/publications/files/Dforme.pdf