1. COLLECTION OF YOUR INFORMATION
We may collect information about you and your employees in a variety of ways. The information we may collect on the Site includes:
1.1 Personal and Employment Data
This include personally identifiable and personal information about you and/or information your employees such as HKID, passport number, name, address, email address, and telephone number, and demographic information, such as gender, date of birth, nationality, contact details, date of employment, payroll, provident fund data, taxation data, bank account details, holiday earning, daily activities, attendance records etc that you and/or your employees give to us when you and/or employees register with or participate in the Site. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and our mobile application. By providing the information about your employees to us, you undertake that you have obtained the necessary consent from your employees to do so and you agree to hold us harmless for receiving such information from you.
1.2 Derivative Data
We will collect and process some or all of the following Derivative Data about you and/or your employees:
(a) A record of any interactions and correspondence between us such as calls made through the APSoft call centres, any interactions you and/or your staff have with our staff or representatives for research (e.g. conversations with research interviewer), and non-research (e.g. APSoft events) purposes and any interactions with us; and
(b) Details of your visits and/or your employees’ visit to our Site and other information collected through cookies and other tracking technology including information that you and/or your employees look at. You undertake that you have obtained the necessary consent from your employees for us to collect the above information and agree to hold us harmless for collecting such information from your employee.
How we collect the information
Apart from collecting the information from you or your employees directly, we will collect the information from third parties including:
(a) our service providers and agents such as our call centre agents who provide customer service;
(b) operators of our partner such as your MPF services provider;
(c) the third parties that we partner with in connection with APSoft, including MPF trustee, bank, finance and insurance partners;
(d) our third party marketing and research partners; and
(e) providers of third party websites, apps and social media platforms.
2. USE OF YOUR INFORMATION
2.1 Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
(a) To operate and generate your company’s human resource management function. Where you are a licensed user of our Software, we will use your and/or your employees’ information that we collect for the operations of generating Payroll, Mandatory Provident Fund or retirement scheme contribution files that can be accepted/processed by your service provider (if applicable) and providing associated administration functions for the employees of your company.
(b) To generate MPF and/or Bank’s autopay interface file. To provide MPF contribution file and bank autopay file for processing and administering salary matters;
(c) To generate IRD tax file and/or report. To provide IRD tax file for tax filing;
(d) To provide user support, including responding to your enquiries and providing general assistance and collecting feedback and comments for APSoft service improvement;
(e) For legal and administrative purposes such as to comply with our legal and regulatory obligations, screening against fraud, identify suspicious user accounts that may breach the Software Terms & Conditions, accounting, billing and audit purposes, developing, maintaining and testing our systems, exercising, enforcing or protecting our legal rights and those of others.
(a) We may use your and/or your employees’ information for updating, marketing and promotional purposes, including (i) updates on latest news, offers and promotions, in connection with our services; (ii) making joint marketing with our programme partners including MPF trustee, bank, finance and insurance partners; or (iii) for tailoring and tracking your interactions with internet banner advertisement and links from third party websites to our website.
(b) We may communicate marketing, promotions and research invitations to you by post, telephone, or online (including by email or through your and your employees’ mobile device or internet banner) and, as appropriate and where required, we will ask you for your consent, or otherwise provide you with the opportunity to choose not to receive marketing, at the time we collect your data.
(c) We will provide an option to unsubscribe or opt out of further communication on any direct marketing communication sent to you. You may also opt out by contacting us as set out in paragraph 5 below.
(d) Please note that if you choose to unsubscribe or opt out of marketing communication, you will still continue to receive administrative emails and updates to our services.
3. DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you and your employees in certain situations. The information may be disclosed as follows:
(a) We may transfer the information to third parties programme partners including MPF trustee, bank, finance and insurance partners, in order to facilitate and administer your earnings and provident fund arrangements
(b) We will permit our third party service providers, including agents and contractors, to use your information on our behalf for the purposes set out in section 2. Examples of such third parties include operators of our IT systems and call centre agents.
(c) We may disclose your information to third parties, so they can provide marketing services or conduct marketing or social interaction activities on our behalf such as campaigns, contests, market research, surveys and data analytics to help us improve and tailor our marketing activities, products and services. Subject to us having obtained appropriate consent from you, we may also disclose your Personal Data to our third party programme partners, in order that they may market their products and services to you.
(d) We may disclose your and your employees’ Personal Data to governments, regulatory authorities, bodies and organisations such as dispute resolution, prosecution and law enforcement bodies and legal advisers for the purposes of complying with our legal obligations. We may also disclose your information to such individuals, as well as for any legal and administrative purposes.
4. SECURITY OF YOUR INFORMATION
Transmission, storage and security of your and/or your employees information:
(a) We use administrative, technical, and physical security measures to help protect your and/or your employees information. While we have taken reasonable steps to secure the information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security for the information you provide to us. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect the collected information in accordance with the requirements of data protection legislation.
(b) All information we collect about you is stored on our or our subcontractors’ secure servers. We comply with our security policies and standards when accessing or using this information and restrict access to the information collected to those persons who need to use it for the purpose(s) for which it was collected. In particular, where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, we ask you not to share your password with anyone.
(c) Your information may be transferred outside the country in which you and/or your employees are located, including to countries with a lower level of data protection than in the country in which you and/or employees are located.
(d) We will retain the information for as long as is necessary for the processing purpose(s) for which it was collected and any other permitted linked purpose (for example where we are required to retain personal data for longer than the purpose for which we originally collected it in order to comply with certain regulatory requirements). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymised
5. YOURS RIGHTS AND CONTACT US
(a) You can exercise your right to prevent processing of information we collect from direct marketing purpose by indication that you do not consent to direct marketing at the point at which we collect your information. You can also exercise the opt out rights at any time after we have collected and used your information for direct marketing purposes by following the instructions contained in the Site or send opt out request in writing to us by mail box address: email@example.com
6. TRACKING TECHNOLOGIES
7. THIRD-PARTY WEBSITES
LAW AND JURISDICTION
These Terms and Conditions and the relationship between APSoft and each User are governed by Hong Kong law. By using the programme each User submits to the non-exclusive jurisdiction of the Hong Kong courts. If this English version of the Terms and Conditions does not conform to other language versions, the English version shall prevail. In case of dispute, APSoft reserves the right to final decision.