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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 developed a Notice to Employees and Potential Employees Relating to the Personal Data (Privacy) Ordinance (the "Notice") which is available at the Schedule at the end of these terms and conditions.

    You confirm you understand the provisions stated in the 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 five 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 Service Delivery, Resourcing
    HSBC Technology and Services Asia-Pacific
    HSBC
    3/F, Tower 1, HSBC Centre
    1 Sham Mong Road, Kowloon
    Email: resourcingcpu@hsbc.com.hk
    Telephone : 2288 7272

  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

HSBC Group Notice to Employees and Potential Employees Relating to the Personal Data (Privacy) Ordinance (the "Ordinance")

  1. It is necessary for potential employees of any entity of the HSBC Group, wherever situated, to supply the HSBC Group with data about themselves in connection with their application. HSBC Group for these purposes means HSBC Holdings plc, The Hongkong and Shanghai Banking Corporation Limited, and each of their subsidiaries, holding companies, branches, representative offices and their affiliates.

  2. Failure to supply such data will result in the HSBC Group being unable to process employment applications.

  3. If an application for employment is successful, data about employees may also be collected from employees during the period of their employment with the HSBC Group.

  4. The purposes for which data relating to employees and potential employees may be used are as follows:-
    1. processing employment applications including pre-employment checks;
    2. determining and reviewing salaries, incentives, bonuses and other benefits;
    3. consideration for promotion, training, secondment or transfer;
    4. consideration of eligibility for and administration of staff loans and other benefits and entitlements;
    5. providing employee references and for background screening/vetting;
    6. monitoring compliance with internal rules of the HSBC Group;
    7. meeting the disclosure requirements or other compliance requirements of any law binding on the HSBC Group or under and for the purposes of any guidelines or regulations issued by regulatory or other authorities with which the HSBC Group are expected to comply; and
    8. purposes relating thereto.

  5. Data held by the HSBC Group relating to employees and potential employees will be kept confidential but the HSBC Group may provide such information to the following parties, whether within or outside the Hong Kong Special Administrative Region, for the purposes set out in paragraph (d):-
    1. any entity within the HSBC Group;
    2. any agent, contractor, service provider, professional adviser or other third party who provides administrative, telecommunications, computer, human resources management or administration services (including but not limited to performance of pre-employment or background check, provision or administration of benefits and services entitled by employees) or any other services to the HSBC Group;
    3. any other person under a duty of confidentiality to the HSBC Group which has undertaken to keep such information confidential;
    4. persons seeking employee references in respect of employees with the prescribed consent of the employee concerned in accordance with Section 2(3) of the Ordinance;
    5. any person to whom the HSBC Group is under an obligation to make disclosure under the requirements of any law binding on the HSBC Group or under and for the purposes of any guidelines or regulations issued by regulatory or other authorities with which the HSBC Group are expected to comply;
    6. any actual or proposed purchaser of all or part of the business of the HSBC Group or, in the case of any merger,acquisition or other public offering, the purchaser or subscriber for shares in the HSBC Group; and
    7. third parties in the form of directories of names and office telephone numbers and contact details of key officers of the HSBC Group for promotional and administrative purposes.

  6. Insofar as employees or potential employees are also customers of the HSBC Group, attention is drawn to the relevant HSBC Group Notice to Customers.

  7. Under and in accordance with the terms of the Ordinance any individual has the right:-
    1. to check whether personal data about him/her is held and to access to such personal data;
    2. to request correction of any personal data relating to him/her which is inaccurate;
    3. to ascertain the HSBC Group´s policies and practices in relation to personal data and to be informed of the kind of personal data held by the HSBC Group.

  8. In accordance with the terms of the Ordinance, the HSBC Group has the right to charge a reasonable fee for the processing of any data access request.

  9. The person to whom requests for access to data or correction of data or for information regarding policies and practices and kinds of data held are to be addressed is as follows:-

    Human Resources Service Delivery, Resourcing
    HSBC Technology and Services Asia-Pacific
    HSBC
    3/F, Tower 1, HSBC Centre
    1 Sham Mong Road, Kowloon
    Email: resourcingcpu@hsbc.com.hk
    Telephone : 2288 7272

  10. Nothing in this Notice shall limit the rights of employees and potential employees under the Personal Data (Privacy) Ordinance.

Human Resources Asia-Pacific
September 2011

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