Notice to Customers relating to the Personal Data (Privacy) Ordinance (the "Ordinance")
(a) From time to time, it is necessary for customers to supply Face Productions, any of its subsidiaries or associated entities or branches, including but not limited to Kids’ Gallery Company Limited, Star English, Mills International Preschool, its franchisees (collectively, “KG Group”), and authorised partners with data in connection with (i) application, enrolment, and reservation of all courses (including workshops), (ii) the opening, billing, and payment of student accounts and fees, and (iii) the provision of other course-related, event-related, and performance-related services (eg printing of show brochures) (hereinafter collectively the "Services"). For the purposes of this notice, the term “customers” includes parents/legal guardians and the children they represent.
(b) Data may also be collected from customers or generated about them in the ordinary course of the continuation and operation of courses and accounts and the provision of other Services, for example, when customers enrol in a specific course or when customers contact KG Group to check course status.
(i) The purposes for which KG Group may use a customer’s personal data are divided into obligatory purposes and voluntary purposes (each as set out in the paragraphs below). If personal data are to be used for an obligatory purpose, the customers must provide their personal data to KG Group if they want KG Group to provide the Services. Failure to supply such data for obligatory purposes may result in KG Group being unable to enrol their children in a course, or to provide any other Services.
(ii) If personal data are only to be used for a voluntary purpose, customers can tell KG Group not to use their personal data for that purpose and KG Group will not do so.
(d) The obligatory purposes for which data relating to a customer may be used are as follows:
(i) processing applications and for the Services, the daily operation of the Services provided to customers (including contacting a customer by phone, email, or other channel);
(ii) designing Services or related courses for customers' use;
(iii) collection of amounts outstanding from customers;
(iv) meeting or complying with obligations, requirements, recommendations, and instructions to make disclosure under: (1) any law or regulation binding on KG Group; (2) any guidelines or other measures issued by regulatory or other authorities (including Education Bureau, other government departments, industry bodies, and self-regulatory bodies) with which KG Group is obliged or expected to comply; (3) any present or future contractual or other commitment with local or foreign legal, regulatory, judicial, administrative, public, or law enforcement bodies, or governmental, tax, revenue, monetary, securities or futures exchange, court, or other authorities, or industry bodies, or self-regulatory or any of their agents with jurisdiction over all or any part of the KG Group (together the "Authorities" and each an "Authority"); (4) on behalf of an authorised partner of the KG Group; and
(v) purposes directly relating to any of the above purposes.
(e) Use of data in direct marketing
KG Group wishes to use customers' data for direct marketing and KG Group will obtain the consent of its customers (which can include an indication of no objection) for that purpose.
In this connection:
(i) the name, telephone number, email address, mailing address, demographic data, services information, and transaction pattern and behaviour of customers may be used by KG Group for direct marketing;
(ii) the following classes of products, services, and subjects may be marketed:
(1) course-related products and services;
(2) reward, referral, loyalty or privilege programmes, and related products and services;
(3) benefits, promotional offers, and products and services offered by KG Group companies and business partners (including third party companies and reward, loyalty, privilege programme providers), co-branding partners and affinity groups (such merchants, business partners, co-branding partners and affinity groups known collectively as “KG Partners”); and
(4) KG Partners’ products and services, including incentives and offers; and
(iii) the above products, services, and subjects may be provided by KG Group companies and/or KG Partners.
(f) In addition to marketing the above products, services, and subjects itself, KG Group also provides and/or intends to provide the name, telephone number, email address, mailing address, demographic data, services information, and transaction pattern and behaviour of customers to all or any KG Group companies and KG Partners for use by them in marketing those products, services, and subjects, and KG Group will obtain the written consent of its customers (which can include an indication of no objection) for that purpose.
(g) The provision of a customer's data to the other persons in paragraph (f) above may be for KG Group’s and KG Partners’ gain.
(h) KG Group companies and KG Partners may also, from time to time, engage third parties to provide marketing services on their behalf, and may share the customer’s data described in paragraph (e)(i) above with these third parties for such purposes.
(i) KG Group companies and KG Partners may carry out "matching procedures" (as such expression is defined in the Ordinance) in Hong Kong or overseas for the marketing purposes described in paragraphs (e) and (f) above.
If a customer is currently receiving direct marketing from KG Group but does not wish KG Group to continue to use or provide to other persons their personal data for use in direct marketing, the customer may, without charge, exercise their opt-out right by notifying KG Group.
Customers may make the opt-out request by completing the Opt-Out Form at the end of this Notice and returning the duly completed form to KG Group.
(j) Data held by KG Group relating to a customer will be kept confidential, but KG Group may provide such information to (1) all the following parties (whether within or outside Hong Kong) – for the purposes set out in paragraph (d) above and (2) if the customer agrees, the parties specified in paragraph (vii) below – for the purposes set out in paragraph (e) above:
(i) any agent, contractor, or third party service provider who provides administrative, telecommunications, computer, payment clearing, or other services to KG Group in connection with the operation of its business;
(ii) any other person under a duty of confidentiality to KG Group (including without limitation other KG Group companies) which has undertaken to keep such information confidential;
(iii) the drawee bank providing a copy of a paid cheque (which may contain information about the payee) to the drawer;
(iv) in the event of default, debt collection agencies;
(v) any person to whom there is an obligation, requirement, recommendation, or instruction to make disclosure for the purposes set out in, or in connection with, or as otherwise provided by, paragraph (d)(iv) above;
(vi) any actual or proposed assignee of KG Group or participant or sub-participant or transferee of KG Group’s rights in respect of the customer;
(vii) provided the customer has agreed to the use of their personal data for direct marketing, to KG Group companies and KG Partners (and also including third parties engaged by KG Group, KG Group companies and KG Partners to provide marketing services on their behalf), for marketing purposes (including informing customers of Services which KG Group believes will be of interest to customers); and
(viii) to any other parties whom the customer has expressly or impliedly authorised KG Group to make such disclosures as may be reasonably necessary or expedient to procure or fulfil the customers' request(s) for Services.
(k) In accordance with the terms of the Ordinance, KG Group has the right to charge a reasonable fee for the processing of any data access request.
(l) The person to whom opt-out requests or consents in relation to the use of personal data for direct marketing, requests for access to data or correction of data and for information regarding policies and practices and kinds of data held are to be addressed is as follows:
The Data Protection Officer
Face Space™, 8C E Wah Factory Building, 56-60 Wong Chuk Hang Road, Aberdeen, Hong Kong
(m) Nothing in this Notice shall limit the rights of customers under the Personal Data (Privacy) Ordinance.
(n) If a customer would like to change or amend any of their personal data held by KG Group (for example, if they have moved and would like to update their address), they may contact any KG Group centres.