People's Republic of China (Mainland China) Addendum
Kai Tak Sports Park Limited
The People’s Republic of China (Mainland China) Addendum
1. Application
If you are:
- an individual located in Mainland China who visits or uses the KTSP Website or KTSP Mobile App, or otherwise use any of KTSP’s and/or KTSPL’s products, services, programmes and facilities by phone or any other means from Mainland China; and/or
- an individual holding a Mainland China passport and/or resident identity card who visits KTSP and/or the premises owned and/or managed by KTSPL and/or its Affiliates or related companies in the HKSAR or otherwise uses any of KTSP’s and/or KTSPL’s products, services, programmes and facilities by phone or any other means in the HKSAR,
your personal data will be processed by KTSPL in accordance with this “The People’s Republic of China Addendum” (the “Addendum”) in addition to KTSPL’s Privacy Policy Statement and PICS as well as the applicable data protection laws and regulations in Mainland China which, for the current purposes, excludes the HKSAR, the Macao Special Administrative Region of the People’s Republic of China and Taiwan.
Therefore, before using KTSPL’s products and/or services or providing any personal data to us, please ensure that you have carefully read, understood and agree to this Addendum, the Privacy Policy Statement and the PICS.
In the event of any conflict or inconsistency, it shall be resolved in the following order of precedence (from higher to lower) in respect of such conflict or inconsistency: (a) this Addendum; (b) the PICS; and (c) the Privacy Policy Statement.
2. Personal Data
In this Addendum, “personal data” refers to various information related to an identified or identifiable natural person recorded electronically or by other means and does not include anonymised information. Personal data involved in this Addendum includes those set out in paragraph 5 of the Privacy Policy Statement.
Certain personal data that KTSPL collects may be sensitive personal data as defined in the applicable data protection laws in Mainland China, which is personal data that, once leaked or illegally used, may easily lead to violation of the personal dignity of a natural person or harm of personal or property safety. This includes residential address, marital status, biometric data, activity log files, location data and transaction information (including your characteristics and transaction behavior).
“Process” or “processing” of “personal data” includes the collection, storage, use, processing, transmission, provision, disclosure, deletion, etc. of “personal data”.
3. How We Collect and Process Your Personal Data
Please refer to paragraphs 5 and 6 of the Privacy Policy Statement on how we collect and process your personal data.
In general, we process your personal data with your consent, and where appropriate, with separate consent from you for processing your personal data under specific circumstances required by the applicable data protection laws and regulations in Mainland China. You acknowledge and agree that under the following situations, we are not required to obtain your consent to process your personal data:
(i) the processing is necessary for the conclusion or performance of a contract to which you are a party, or where it is necessary to conduct human resources management according to lawfully formulated labour rules and lawfully concluded collective contracts;
(ii) the processing is necessary for the performance of our duties or obligations under any applicable laws and regulations, including those directly related to:
a) National security and national defence;
b) Criminal investigation, prosecution and trial and execution of court orders, judgments or related matters; or
c) Public security, public health, or major public interest;
(iii) the processing is necessary for responding to public health emergencies, or for the protection of life, health and property safety of natural persons under emergency circumstances;
(iv) the personal data is processed within a reasonable scope to conduct news reporting, supervision by public opinion and other activities in the public interest;
(v) the personal data is made available to the public by you or the personal data about you from legitimate public sources is processed within a reasonable scope in accordance with the laws and regulations; or
(vi) other circumstances as provided by the laws and regulations.
4. Your Rights as the Personal Data Subjects
Please refer to paragraph 21 of the Privacy Policy Statement in relation to your rights to access, correct your personal data and withdraw your consent. Further, in accordance with the applicable data protection laws and regulations in Mainland China, we will ensure that you may exercise the following rights over your personal data, including to:
(i) request to delete your personal data if:
- our processing of your personal data breaches laws or regulations;
- we collect or use your personal data without your consent;
- our processing of your personal data breaches our agreement with you;
- you no longer use our products and/ or services, or the purposes for collection described in this Addendum have been achieved or accomplished;
- you withdraw your consent; or
- we no longer provide products and/or services to you;
(ii) change the scope of your consent;
(iii) obtain a copy of your personal data; or
(iv) request to transfer our personal data to another personal data processor provided that such request is compliant with the applicable laws and regulations.
Such requests shall be made to the Personal Data Privacy Officer of KTSPL by email at member@kaitaksportspark.com.hk, under the subject “Personal Data”.
However, please note that we may refuse your requests under the following circumstances:
(i) Circumstances relevant to the fulfilment of our obligations under laws and regulations, including our provision of your personal data (including your sensitive personal data) generated during the transaction between you and us to the regulatory authority(ies) and or other governmental departments under the laws and regulations of Mainland China;
(ii) The data retention period required by any law or administrative regulation has not expired, or it is difficult to delete personal data technically (in such cases, we will take necessary security protection measures to ensure the security of your personal data or anonymise such personal data);
(iii) Circumstances directly related to national security and defence security;
(iv) Circumstances directly related to public security, public health, or significant public interest;
(v) Circumstances directly related to criminal investigation, prosecution and trial, and execution of court decision;
(vi) Circumstances where we have sufficient evidence to prove that you have subjective malice, or you are abusing your rights;
(vii) Circumstances where protection of your or other individual’s life, property and other important lawful rights is involved;
(viii) Circumstances where responding to your request will cause serious harm to the lawful rights and interests of you or other individuals or organisations (including us); or
(ix) Circumstances where trade secrets are involved.
5. Retention of Personal Data
KTSPL will not retain your personal data for a period longer than is necessary for the fulfillment of the purposes specified in paragraph 5 of the Privacy Policy Statement and the PICS. Please refer to paragraph 8 of the Privacy Policy Statement.
6. How We Entrust Others to Process, Share, Transfer and Publicly Disclose Your Personal Data
To achieve the purposes of collection, you understand and agree that we may entrust the processing of your personal data (including sensitive personal data) to third parties as set out in paragraphs 11 to 13 of the Privacy Policy Statement and the PICS.
The third parties entrusted by us have no authority to use your personal data for any other purposes not in accordance with this Addendum, the Privacy Policy Statement or the PICS. If there is any change to the purpose of processing of your personal data, we will ask for your consent again.
Your personal data may also be shared with KTSPL’s Affiliates and our “Marketing Partners” in respect of the “Marketing Subjects” (as defined in paragraph 17 of the Privacy Policy Statement).
7. How We Store and Transfer Your Personal Data
As KTSP is located in Hong Kong, you understand, authorise and consent that we may transfer your personal data (including sensitive personal data) outside Mainland China to Hong Kong and any other places. If you would like to learn more about the storage and cross-border transfer of your personal information, withdraw your consent and/or exercise your other rights in accordance with paragraph 4 of this Addendum, please contact the Personal Data Privacy Officer of KTSPL by email at member@kaitaksportspark.com.hk, under the subject “Personal Data”.
Generally, we will not transfer your personal data to any company, organisation or individual outside of KTSPL, its Affiliates and/or Marketing Partners, except under the following circumstances:
(i) Transfer with separate consent. After obtaining your separate consent, we will transfer your personal data to other parties in accordance with this Addendum;
(ii) When we are involved in any change of control (please refer to paragraph 19 of the Privacy Policy Statement);
(iii) We may otherwise transfer your personal data in accordance with applicable laws and regulations, requirements under legal proceedings, compulsory administrative or judicial requirements.
8. How We Process Minors’ Personal Data
Please refer to paragraph 9 of the Privacy Policy Statement.
For individuals located in the PRC, our online services are not directed at individuals under the age of 14. If you are under the age of 14, please obtain the consent of your parent or legal guardian before giving us any personal data about yourself. If parents or legal guardians are aware that personal data of any individuals under the age of 14 under their care have been provided to us without consent, please notify us immediately to delete such personal data.
9. Miscellaneous
Further, the following paragraphs in the Privacy Policy Statement shall apply:
(i) Paragraphs 3 and 4 shall apply in respect of the use of activity logs, cookies and other tracking mechanisms;
(ii) Paragraphs 7 and 14 shall apply in respect of the accuracy and security of personal data;
(iii) Paragraph 10 shall apply in respect of ticketing;
(iv) Paragraph 16 shall apply in respect of KTSPL’s use of your personal data in legal proceedings, etc;
(v) Paragraph 15 shall apply in respect of circumstances where KTSPL excludes liability for disclosure of your personal data, which will be subject to the applicable laws and regulations in Mainland China;
(vi) Paragraph 18 shall apply in respect of the update of the Privacy Policy Statement and this Addendum.
10. How to Contact Us
If you have any questions, comments or suggestions regarding this Addendum, or wish to exercise your rights over your personal data in accordance with the Privacy Policy Statement or this Addendum, please feel free to contact us the Personal Data Privacy Officer of KTSPL by email at member@kaitaksportspark.com.hk, under the subject “Personal Data”.
11. English Version Prevails
If there is any inconsistency or conflict between the English and Chinese versions of this Addendum, the English version shall prevail.
Last Updated: 3 December 2024