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Terms and Conditions - Hong Kong

To apply for a position within The Hongkong and Shanghai Banking Corporation Limited or any relevant entity within HSBC Group (as defined below in the Schedule) (collectively "HSBC"), all applicants (referred to below as "you", "your" or "yours") must read and acknowledge the following terms and conditions carefully.

 

IMPORTANT: Please do not submit your information if you do not consent to the following terms and conditions.

 

1. CONFLICT OF INTEREST

As you progress through the recruitment process, you may be asked to provide information about any potential conflicts of interest with parties external to HSBC. If this is required, you will be notified.

 

2. PERSONAL DATA (PRIVACY) ORDINANCE (THE "ORDINANCE")

HSBC respects the privacy of individuals and has issued an HSBC Group Notice to Job Applicants, Employees and Non-Employees** view footnote Relating to the Personal Data (Privacy) Ordinance (the "Ordinance") which is available at the Schedule at the end of these terms and conditions.
 

You confirm you understand the provisions stated in this Notice.

 

3. TYPE OF INFORMATION TO BE COLLECTED

In order to be considered for employment you will be asked to provide us with personal information. Examples of the type of information we may collect include your name, address, contact details, resume, education background, employment history, referees and results of employment checks.
 

If you choose not to provide any of the information requested, we may be unable to send you information, fully process your application or properly consider you for employment.
 

When providing us with the information, you represent that such information is accurate, complete, up to date and true and is supplied for the sole purpose of seeking job or employment vacancies or positions.
 

You may also be invited to supply some diversity information as part of your profile, including but not limited to your age range, gender or physical needs, if you wish. This information, if you decide to provide it, will be used only for reporting on the diversity of our candidate base across the organisation, or to assist if you have any special requirements as part of the recruitment process or your ongoing employment.

 

4.    PURPOSE FOR INFORMATION COLLECTION

In addition to any purpose referred to in the Schedule, when we collect this personal information through [Taleo], HSBC may use it:

  • to assess and administer your application for employment;
  • to communicate with you in relation to your application;
  • to comply with any legal or regulatory obligations;
  • to monitor and review HSBC's recruitment practices; and
  • to facilitate our advice to you of other employment opportunities which may interest you.
     

5.    USING AND DISCLOSING YOUR PERSONAL INFORMATION

Without limiting the provisions of the Schedule, we may transfer the information you submit to us to other entities which make up the HSBC Group, HSBC employees who are involved in recruitment or support roles, security organisations, recruitment agencies, referees and other relevant organisations including those that perform administrative and/or other services on our behalf during the recruitment process.
 

The relevant organisations may include those:

  • involved in managing, validating or administering your application, employment or engagement such as third party suppliers, other HSBC Group organisations, organisations providing education and training, professional associations, printers, posting services and our advisers;
  • involved in conducting probity checks or monitoring employee conduct;
  • involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our computer systems;
  • involved in the provision and administration of insurance, superannuation/retirement funds and the administration of your remuneration, superannuation/retirement, employee benefits, employee share schemes and insurance and our insurance;
  • which are your representatives including your legal advisers;
  • as required or authorised by law, for example, to government or regulatory bodies for purposes related to public health and safety, the prevention or detection of unlawful activities or to protect public revenue; and
  • to whom you have given your consent.


You acknowledge and agree that, in transferring the information referred to above and carrying out the above activities, your personal information may be transferred to, accessed, controlled and processed by entities located outside of Hong Kong and who may act on behalf of any member of the HSBC Group.
 

You should note that where your personal information is disclosed to or accessed by parties located outside of Hong Kong as provided above, your personal information may not be afforded the same protections as it is under Hong Kong law.

 

6.    EMPLOYMENT CHECKS

It is part of HSBC's recruitment policy that for certain positions you will be subject to certain employee vetting checks as required by HSBC. Your application cannot progress unless the check is conducted.

 

7.    JOB APPLICATION STATUS & RETENTION OF YOUR INFORMATION

You understand and agree that, if your current application is not successful, HSBC may retain your personal data for a maximum period of two years and that the data may be retained for a longer period if there is a subsisting reason that obliges HSBC to do so, and HSBC may refer your application to other vacancies within the HSBC Group.
 

You also understand and agree that, should you be employed by HSBC, HSBC may retain your personal data for a maximum period of seven years from the date when your employment with HSBC ceases, provided that the data may be retained for a longer period if there is a subsisting reason that obliges HSBC to do so, or the data are necessary for HSBC to fulfill its contractual, legal or regulatory obligations. You also understand that HSBC may retain your performance-related data for the latest six years (or such other period(s) in accordance with HSBC's policy or practice as it may from time to time decide) in the course of your employment.
 

8.    ACCESS TO AND CORRECTION OF PERSONAL DATA

You may request access to and correction of your personal information. Any request may be made in writing and addressed to
Human Resources Asia Pacific (Personal Data Access Request)
3/F, Tower 1, HSBC Centre
1 Sham Mong Road, Kowloon
Hong Kong SAR

 

9.    GOVERNING LAW AND JURISDICTION

These terms and conditions and the rights and obligations contained hereunder shall be governed by and construed in accordance with the laws of Hong Kong. The courts of Hong Kong shall have the exclusive jurisdiction to hear and determine any suit or proceeding, and to settle any dispute or claim, which may arise out of or in connection with these terms and conditions and the parties hereby irrevocably submit to the jurisdiction of such courts.

Schedule

Before we begin

This notice (“Notice”) applies to the processing of your personal data by any member of the HSBC Group as data user, wherever situated, in connection with your application for employment, your employment or engagement with the HSBC Group. This Notice covers all aspects of your interaction with us in your capacity as an applicant, employee or non-employee* and we may update this Notice at any time. 

(“HSBC Group” and any “member of the HSBC Group” means HSBC Holdings plc and/or its affiliates, subsidiaries, associated entities and any of their branches and offices (collectively “we”, “us”, “our”). Wherever we’ve said “you” or “your”, this means you or any authorised person who engages with us on your behalf.) 

Please note that certain specific processing activities may be subject to a separate privacy statement.
 

Collection of Data

We may collect your information from you directly, from someone acting on your behalf or from another source, including information we collect or generate about you, from previous employers, other members of the HSBC Group, or other sources you've asked us to obtain information from. We may also get information about you from publicly available sources.

If you provide us with any personal data of another person (e.g. a family member), you are responsible for ensuring that such person is aware of the information contained in this Notice and has given you their consent for sharing their information with us.

Except for certain information that is mandatory, providing any personal data to the HSBC Group is voluntary. However, if you do not provide certain information we may not be able to accomplish some of the purposes outlined in this Notice. 

We only collect your information as permitted by relevant law and regulation.

     

    Use of Data

    We will use your information for purposes related to the following:

  1. Administration of employment applications 
    1. assessing and managing your present and/or future employment application(s);
    2. pre-employment checks and background screening/vetting; and
    3. record keeping and/or to consider you for future opportunities.
  2. HR administration purposes
    1. conducting employment checks, background screening/vetting whenever appropriate during your employment or engagement with the HSBC Group;
    2. applying for work permits, licences and/or registrations on your behalf;
    3. making business travel arrangements, managing business expenses and reimbursements;
    4. carrying out performance reviews and appraisals;
    5. payroll functions and paying and reviewing remuneration, including any deferred rewards;
    6. providing, administering and reviewing benefits and entitlements, for example, staff loans, pension and retirement savings, share plan, health insurance, life insurance, and provision of occupational health services;
    7. maintaining leave records, absence records and sick leave/pay information;
    8. workforce planning and talent management including training, secondments, assignments or transfers, scheduling, staffing, resource allocation, reporting, career development activities and managing skills and learning path, and creating and maintaining internal employee directories;
    9. informing you of employment related events and benefits;
    10. providing employee references and recommendations with your consent;
    11. protecting your personal health and safety, including contacting you or your nominated contacts in an emergency; and
    12. disciplinary matters, grievances and terminations.
  3. Operating and managing our business
    1. processing your information in the ordinary course of our business, including in connection with any engagement or provision of products and services by the HSBC Group; 
    2. operating, managing and safeguarding our IT infrastructure, communications systems, office equipment and other property;
    3. business continuity and disaster recovery;
    4. improving products and services;
    5. allocating human resources, strategic planning, completing bank initiatives;
    6. audit, reporting and record keeping purposes;
    7. budgeting, financial risk management; and
    8. managing mergers, acquisitions, sales, or re-organizations.
  4. Complying with legal and other obligations, risk management and protecting our legal rights
    1. complying with compulsory or best practice requirements to which we may be subject, such as legal, tax, regulatory, sanctions or market requirements in Hong Kong and overseas;
    2. complying with requests made by different bodies or authorities such as legal, regulatory, law enforcement, government and tax authorities in Hong Kong and overseas (“Authorities”). Sometimes we may have to comply with such requests and other times we may choose to voluntarily comply;
    3. complying with our or any the HSBC Group company’s policies, procedures and other commitments in the detection, investigation and prevention of financial and other crimes. This may involve sharing your data in Hong Kong and overseas. This is important in our wider fight against these crimes; and
    4. defense or protection of our legal rights and interests (e.g. court actions and other complaints or disputes).
  5. Surveys and data analytics

    We may use your information to conduct internal surveys, analytical and statistical analysis for the purposes set out in this Notice and facilitating human resources management.
  6. Monitoring

    In the interests of security, fraud prevention and ensuring compliance with legal, regulatory and internal policy requirements, the HSBC Group monitors technology systems in use within the HSBC Group, including communications and other digital platforms. You should not have the expectation of privacy when using these systems. Further, the HSBC Group reserves the right to inspect bank accounts and other facilities held by you with any member of the HSBC Group, including reviewing any transactions made.

  7. Disclosure of Data

  8.  Data we hold will be kept confidential but we may share it with the following parties for the purposes set out in this Notice:-
    1.  members of the HSBC Group;
    2. agents, contractors, sub-contractors, insurers/insurance brokers, auditors, professional advisers or associates of the HSBC Group (including their employees, officers, agents, contractors, sub-contractors, service providers and professional advisers);
    3. third party service providers (including their employees and officers) who provide services to any member of the HSBC Group in connection with the operation or management of our business (including but not limited to performance of pre-employment checks or background screening/vetting, provision or administration of benefits and services entitled by employees, and share scheme administration);
    4. Authorities;
    5. persons under a duty of confidentiality to us which have undertaken to keep such data confidential, including customers and counterparts of the HSBC Group;
    6. persons seeking employment references with the prescribed consent of the employee concerned;
    7. persons to whom we are under an obligation or required or expected to make disclosure for the purposes set out in, or in connection with, paragraph (d)(i), (d)(ii), (d)(iii) or (d)(iv) above;
    8. actual or proposed purchaser or assignee of all or part of our business; and
    9. your emergency contacts.  
  9. Such data may be transferred within or outside Hong Kong, including to Cloud service providers. 
     

    Data Access Requests / Data Correction Requests

  10. You have the right to:-
    1.  check whether we hold data about you and to access such data;
    2. require us to correct any data relating to you which is inaccurate; and
    3. ascertain our policies and practices in relation to data and to be informed of the kind of data held by us.
  11. We may charge a reasonable fee for the processing of any data access request.
  12. You should send requests for access to data or correction of data or for information regarding policies and practices and kinds of data held to:
    Human Resources Asia Pacific (Personal Data Access Request)
    3/F, Tower 1, HSBC Centre
    Sham Mong Road, Kowloon
    Hong Kong SAR
  13. Nothing in this Notice shall limit your rights as a data subject under the Ordinance.
  14.  

    Human Resources Asia-Pacific

September 2020

*Note: A “non-employee” is an individual who is not employed by a member of the HSBC Group but is either self-employed or employed by a third party, e.g. contractors, consultants, service provider workers, advisers or non-executive directors.