1. Pledge

K11 Art Foundation Limited (“KAF”, “we”, “us”, “our”), whose object is, inter alia, to (i) the advancement of art education in Hong Kong and elsewhere; (ii) to promote the study and general knowledge of art and to assist in the research (including the dissemination of the research findings to the public) of art and related subjects; (iii) to sponsor performance and exhibitions in art and to establish, conduct, operate and maintain non-profit making art institutions and organizations; (iv) to support in Hong Kong and elsewhere, public libraries, museums, and reading rooms for the purpose of advancement, promotion, study and display of art; (v) to grant bursaries, scholarship grants, subsidies, allowances and other forms of financial assistance for advancement, education and promotion of art and related purposes; (vi) to promote, advance and strengthen the welfare, education, development and all other aspects in relation to and for the furtherance of our objects; (vii) to establish and operate schools and colleges, to make donations to educational institutions; (viii) to provide, construct, assist, finance, maintain, operate and manage non-profit making hostels, cultural centres, study centres, youth clubs, recreation or conference centres, training colleges, libraries, sports complexes, research centres, theatres and educational establishments of every description for the furtherance of our objects (“Objects”) (you may also find other KAF Objects as set out here: https://www.k11artfoundation.org/en/), recognizes and understands that customers, website visitors, and mobile application users are concerned about the privacy of personal data. We pledge to comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) (the “PDPO”) of the Laws of Hong Kong Special Administrative Region.

This Privacy Policy Statement outlines our practices and the choices you have concerning the collection and use of your personal data.  This Privacy Policy Statement should be read together with the applicable Terms and Conditions of the relevant information, activity, event, website, and/or mobile application (if any) provided by us (the “Terms and Conditions”), provided that, in the event of any inconsistency between this Privacy Policy Statement and the Terms and Conditions concerning matters relating to personal data, this Privacy Policy Statement shall prevail.  This Privacy Policy Statement should be also read together with the applicable personal information collection statement of the relevant information, activity, event, website, and/or mobile application (if any) provided by us (the “PICS”), provided that, in the event of any inconsistency between this Privacy Policy Statement and the PICS concerning matters relating to personal data, PICS shall prevail.

2. Collection of Information

You may be invited to provide us your personal data on our relevant website(s) or mobile application(s) (if any), or through other media on a voluntary basis for different purposes at different times and to the extent that is related to and incidental or conducive to the attainment of any of the Objects. If you are under the age of 18, you should obtain consent from your parent or guardian before you provide us with your personal data.

3. Log Files

When you visit our website(s) and/or use our mobile application(s) (if any), our servers will collect only data relating to your visits to/use of such website(s) and/or use such mobile application(s) (if any), including but not limited to your IP address, domain name, browser type and access time (“Log Files”) but will not collect your personal data.  However, if you register on our website and log in to your account, we may combine your Log Files with other personal data we collect from you, in which case such Log Files shall be considered your personal data for the purposes of, and will be used in accordance with, this Privacy Policy Statement and the PICS to the extent that is related to and incidental or conducive to the attainment of any of the Objects.

4. Use of Cookies and other Tracking Mechanisms

When you browse our website(s), cookies will be stored in your computers, mobile phones or other devices for internal navigation and programming only. We may use cookies and other tracking mechanisms described below to track information about your use of our website(s) or mobile application(s) (if any) (“Tracking Data”).  We may combine this Tracking Data with other personal data we collect from you, in which case such Tracking Data shall be considered your personal data for the purpose of, and will be used in accordance with, this Privacy Policy Statement and the PICS to the extent that is related to and incidental or conducive to the attainment of any of the Objects.

Cookies are alphanumeric identifiers that we transfer to your computers, mobile phones or other devices through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our website(s) or mobile application(s) (if any), while others are used to enable a faster log-in process, or to allow us to store and track information about your interests and preferences at our website(s) or mobile application(s) (if any) but to the extent that is related to and incidental or conducive to the attainment of any of the Objects only.

We may also engage third parties to track and analyse non-personally identifiable data from the website(s) or mobile application(s) (if any) but to the extent that is related to and incidental or conducive to the attainment of any of the Objects only. We use the data collected by such third parties to help us administer and improve the quality of our website(s) or mobile application(s) (if any) and to analyse usage of the same. This is unrelated to and separate from your personal data.  Such third parties may combine the non-personally identifiable data that we provide about you with other information that they have collected. You can edit your browser settings to disable cookies but to do so you may not be able to utilize certain functionality of our website(s) (and/or mobile application(s) (if any) where applicable).

If you interact with us on social media platforms (for example if you “Like” our Facebook page), we can interact with you and send you messages via these platforms. We will interact with you in accordance with the social media platform’s rules but we are not responsible for how the platform operators collect and handle your personal data. We are not responsible for what third parties post on our social media accounts.

5. Kinds of Information Collected

For the different purposes in the course of conducting our business, you may be required to provide us your personal data, which may include your name, gender, age, date of birth, month and year of birth, contact details, e-mail address, mailing/correspondence address, contact number, membership number, marital status, family status, educational level, occupation, username and password, Log Files, Tracking Data, social media account information, etc.  Details of personal data to be collected will also be set out in the relevant PICS provided to you on or before collection of such personal data.

6. Purposes and Uses of Personal Data Collected

We will use your personal data for specific purposes identified in the PICS provided to you on or before your personal data is collected.  This includes sharing your personal data with, and your personal data being used by, third parties as set out in our PICS for those purposes (to the extent that is related to and incidental or conducive to the attainment of any of the Objects only).

7. Accuracy of Information

You may be requested to provide us certain personal data for specific information, activities or events. If you fail to provide or update accurate information as requested for each specific information, activity or event, the provision of such activities or events by us may be affected.

8 Retention of Information

We will retain your personal data for a period no longer than necessary for the fulfillment of the purposes for which they are or are to be used. If you are a subscriber/participant of our information, activities or events, your personal data will be retained for a reasonable period after termination of your subscription/participation for verification and audit purposes. The above is subject to any legal, statutory, regulatory or accounting requirements.

9. Third Party Merchants

We may have some information, activities and/or events which are related to and incidental or conducive to the attainment of any of the Objects hosted in our website(s) but are operated by third party merchants. If you provide your personal data to the third party merchants in order to use, order or receive any information, activities and/or events from the third party merchants, please note that your personal data is beyond the control of us and thus is outside the scope of protection afforded by us.

10. Third Party Websites

Our website(s) may from time to time contain linkages to other websites. These other websites are independent from our website(s). We have no control or management over the contents of such other websites or their privacy policies or compliance with the law. You should be fully aware that the provisions of such links do not constitute an endorsement, approval, or any form of association by or with us. We have no control over your personal data submitted by you, if any, to other websites. This Privacy Policy Statement only applies to our website(s). You should read the respective privacy policies of other websites.

11. Service Providers

We may provide your personal data to the people and companies providing services to us in connection with the specific purposes set out in the PICS and paragraph 6 above (“Our Service Providers”) but to the extent that is related to and incidental or conducive to the attainment of any of the Objects only. In these cases, the Our Service Providers are required to use your personal data consistent with the agreements we enter into with them as well as this Privacy Policy Statement and the PICS.

12. Security of Information

The physical records of your personal data will be stored in secured places with restricted access by us or those who we share your personal data with in accordance with this Privacy Policy Statement and the PICS. The electronic records of your personal data will be stored in our servers located in secured places and protected by adequate IT security measures (e.g. encryption for transmission of sensitive data through the internet in appropriate cases), or we will procure by contract or use our reasonable endeavours to ensure that those who we share your personal data with in accordance with this Privacy Policy Statement and the PICS do the same. Only our authorized personnel (who have been trained to handle your personal data properly and bound by a duty of confidentiality) will have access to these records and servers on a “need-to-know” and “need-to-use” basis, or we will procure by contract or use our reasonable endeavours to ensure that those who we share your personal data with in accordance with this Privacy Policy Statement and the PICS do the same.

Your personal data may be stored in physical locations and/or servers located within or outside Hong Kong and/or shared with third parties with physical locations and/or servers located within or outside Hong Kong, in each case in accordance with our PICS.  However, we will take all reasonable measures to ensure that your personal data is stored and processed securely, regardless of the place or country in which it is stored, and we will procure by contract or use our reasonable endeavours to ensure that any third parties will do the same.

No data transmission over the internet or any other public network can be guaranteed to be completely secure, and privacy cannot be assured in your communications to us. You are encouraged to protect against unauthorized access to your password. You are advised to sign out from your account (if any and applicable) when finished particularly when using a shared computer.

13. Exclusion

We may disclose your personal data as required by law, by any government departments, regulatory authorities, enforcement agencies and courts of competent jurisdiction. We exclude all liability for disclosure of your personal data in this manner.

14. Use in Legal Proceedings etc.

If it becomes necessary for us to take action against you, you agree that your personal data can be used by us in identifying and taking legal action against you.

15. Access and Correction of Information and Withdrawal of Consent

You have the right to request in writing to our Personal Data Privacy Officer to:

  1. access your personal data held by us (if any);
    b. require us to correct your personal data that is inaccurate (if any); and
    c. ascertain our policies and practices (from time to time) in relation to personal data and the types of personal data held by us;
    d. withdraw your consent to the use of your personal data for direct marketing purposes (see below).

All such requests will be handled promptly in accordance with the requirements of the PDPO. We may charge a reasonable fee for processing your data access request.

16. Direct Marketing

We cannot use or provide your personal data for direct marketing purposes without your consent. Subject to your consent, we may use or provide your personal data for direct marketing purposes that is related to and incidental or conducive to the attainment of any of the Objects, in accordance with the PICS provided to you upon collection of your personal data. You may withdraw your consent any time in by writing to our Personal Data Privacy Officer at 4th Floor, East Wing, Tsim Sha Tsui Centre, No. 66 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong or by email at info@k11artfoundation.org

17. Change of Privacy Policy

This Privacy Policy Statement may from time to time be updated, revised and changed.  Any change, update, or modification will be effective immediately upon being posted on our website(s) and/or mobile application(s) (if any).  Where legally required, we shall notify you and/or obtain your consent for specific material changes, updates, or modifications.  If you do not accept the changes, updates, or modifications, and/or provide your consent, then we may not be able to provide information, activities or events that are related to and incidental or conducive to the attainment of any of the Objects to you.  You are should check our website(s) and/or mobile application(s) (if any) for updates to this Privacy Policy Statement on a regular basis.

18. Change of Control

In the event of any re-structuring (including but not limited to change to our member(s), your personal data may be transferred to the new member(s) in accordance with our PICS. You will be notified of such transfer and you may decide to withdraw your consent to the use of your personal data.

19. Enquiries

If you have any questions or wish to access or correct your personal data or withdraw your consent to the use of your personal data held by us for direct marketing, please contact our Personal Data Privacy Officer at:

4th Floor, East Wing,
Tsim Sha Tsui Centre
No. 66 Mody Road,
Tsim Sha Tsui,
Kowloon, Hong Kong
Attention:
Personal Data Privacy Officer (Legal Department)
(Marked Confidential, and with the name of K11 Art Foundation Limited)

or by email at info@k11artfoundation.org

20. English Version

If there is any inconsistency or conflict between the English and Chinese version of this Privacy Policy Statement, the English version shall prevail.

 

Personal Information Collection Statement

This Personal Information Collection Statement (this “Statement”) is made by K11 Art Foundation Limited (“KAF”, “we”, “us”, or “our”), and applies between us and you (“you”, or “your”).  This Statement should be read together with the Terms and Conditions (if any) of the website at https://www.k11artfoundation.org/en/ (“Website”) (the “Terms and Conditions”), provided that, in the event of any inconsistency between this Statement and the Terms and Conditions concerning matters relating to personal data, this Statement shall prevail.

It is our object to, inter alia, (i) the advancement of art education in Hong Kong and elsewhere; (ii) to promote the study and general knowledge of art and to assist in the research (including the dissemination of the research findings to the public) of art and related subjects; (iii) to sponsor performance and exhibitions in art and to establish, conduct, operate and maintain non-profit making art institutions and organizations; (iv) to support in Hong Kong and elsewhere, public libraries, museums, and reading rooms for the purpose of advancement, promotion, study and display of art; (v) to grant bursaries, scholarship grants, subsidies, allowances and other forms of financial assistance for advancement, education and promotion of art and related purposes; (vi) to promote, advance and strengthen the welfare, education, development and all other aspects in relation to and for the furtherance of our objects; (vii) to establish and operate schools and colleges, to make donations to educational institutions; (viii) to provide, construct, assist, finance, maintain, operate and manage non-profit making hostels, cultural centres, study centres, youth clubs, recreation or conference centres, training colleges, libraries, sports complexes, research centres, theatres and educational establishments of every description for the furtherance of our objects (“Objects”).  You may also find other KAF Objects as set out here: https://www.k11artfoundation.org/en/.

In order to enable us to perform the Purposes (see below), you are required to provide all the requested/mandatory personal data in the registration form / application form / donation form. If you do not provide the required personal data, then we may not be able to perform the Purposes and/or provide information, activities or events which are related to and incidental or conducive to the attainment of any of the Objects (“Information, Activities and Events”) to you.

 

Kinds of personal data

The kinds of personal data we may collect from you include your name, gender, age (or age range), month and year of birth, contact details, e-mail address, mailing/ residential/correspondence address, contact number, membership number, username and password, Log Files (see below), interests and favourite activities and tracking information about your use of the Application/Website (“Tracking Data”), social media account information, etc. ,

 

Purposes for using personal data

The personal data to be collected from you will be used and retained by us (and/or our Marketing Partners as defined in the “Direct Marketing” section below, as applicable) for the following purposes (as may be applicable from time to time but only to the extent that is related to and incidental or conducive to the attainment of any of the Objects) (together, the “Purposes”):

  • Notifying and/or providing you our latest news and our Information, Activities and Events, and contacting you in respect of which where necessary;
  • Registering you to our Information, Activities and Events, and contacting you in respect of which where necessary;
  • Identifying and verifying your identity and/or as a member and/or information/news/newsletter subscriber (as and when applicable);
  • Registering you as a user of the Application/Website;
  • To maintain your personal data and/or information across multiple pages within or across one or more sessions when using the Application/Website;
  • Following registration as a user, accessing your account information and managing your account (including, but not limited to, changing your password, updating your personal information, subscribing/unsubscribing from direct marketing that is only related to and incidental or conducive to the attainment of any of the Objects, etc.);
  • Research, development, and analysis in relation to your interest including carrying out data sorting and analysis to enable us to better understand your interest, to provide other information, activities or events better tailored to your interest, and to assist us in selecting Marketing Subjects (see below) that are likely to be of interest to you, and carrying out aggregated behavioural analysis;
  • For you to make enquiries, complaints, and/or suggestions to us in relation to the Purposes and/or the Information, Activities and Events;
  • Seeking your feedback, including through surveys, in relation to the Purposes and/or the Information, Activities and Events;
  • Improving the Application/Website, Purposes, and our and Marketing Partners’ Information, Activities and Events;
  • Direct marketing and cross-marketing for the Marketing Subjects, subject to consent (see below section entitled “Direct marketing”) and only to the extent that is related to and incidental or conducive to the attainment of any of the Objects;
  • Data analytics, profiling, information management and database administration;
  • Deterring, detection, investigation and/or prevention of activities that may violate, or may be suspected to violate, our policies or may be abusive, illegal, and/or criminal;
  • The normal management, operation, and maintenance of the Application/Website and the provision of the Information, Activities and Events to you;
  • Storing your personal data (whether by us or our Marketing Partners) for the purpose of sharing such personal data with our Marketing Partners for any and all of the other Purposes listed above; and/or
  • Other purposes ancillary or related to the above that is related to and incidental or conducive to the attainment of any of the Objects.

 

Those with whom we share personal data

We may engage agents, contractors, suppliers and service providers in connection with the Purposes and/or the provision of the Information, Activities and Events, e.g. IT providers, marketing agents, social media, research companies, and service providers of development and maintenance, administrative, data processing, digital storage, or other similar services, and may transfer to or share your personal data with them for the Purposes. We may also share your personal data with our Marketing Partners (see below) and the social media platforms that we and/or our Marketing Partners (see below) use for such Purposes. Where we are required by the law of any country or place or requested by any court, regulatory body or governmental body of any country or place, we may also disclose your personal data as required. In the event of any re-structuring (including but not limited to change to our member(s)), your personal data may be transferred to the new member(s), provided that the new member(s) abide(s) by this Statement and continues to exercise the same level of care, in respect of your personal data, as we would. You will be notified of such event and you may decide to withdraw your consent to the use of your personal data.

Your personal data may be stored by us in physical locations and/or servers located within or outside Hong Kong and/or shared with our Marketing Partners (see below) located within or outside Hong Kong. However, we will take all reasonable measures to ensure that your personal data is stored and processed securely, regardless of the country or place in which it is stored, and we procure by contract or use our reasonable endeavours to ensure that our Marketing Partners do the same.

 

Direct marketing

Subject to your consent, we may use your personal data to send you direct marketing that is related to and incidental or conducive to the attainment of any of the Objects (including, but not limited to news, information and marketing) about us and/or our Marketing Partners in relation to the Marketing Subjects (see below) whether by in-app messages and/or notifications and/or push notifications to your mobile device, post, email, telephone, text message, or other media whether now known or available in the future.

Subject to your consent, we may also use your personal data for, or provide your personal data to our Marketing Partners (see below) so that they may send you direct marketing that is related to and incidental or conductive to the attainment of any of the Objects (including, but not limited to news, information and marketing) about us and/or our Marketing Partners in relation to the Marketing Subjects (see below) whether by in-app messages and/or notifications and/or push notifications to your mobile device, post, email, telephone, text message, and/or other media whether now known or available in the future. Our “Marketing Partners” include local and overseas charities, non-profit making organizations, community centers, corporations, societies, associations, organizations, institutes, schools, universities, quasi-government, government bodies, trust and providers of information, activities or events related to and incidental or conductive to the attainment of any of the Objects.

As we may share your personal data with our Marketing Partners (but to the extent that such sharing is related to and incidental or conducive to the attainment of any of the Objects only), we may also receive your personal data from them.  Subject to your consent given to our Marketing Partners, we may also use such personal data to send you direct marketing that is related to and incidental or conductive to the attainment of any of the Objects about us and/or our Marketing Partners in relation to the Marketing Subjects.

The types of information, activities, events and charitable initiatives that we and/or our Marketing Partners may market to you include the following to the extent that is related to and incidental or conducive to the attainment of any of the Objects only (together, the “Marketing Subjects”):

  • information, activities and events related to and incidental or conductive to the attainment of any of the Objects, including but not limited to galleries, exhibitions, films, theatricals, sporting, special and cultural events;
  • tutoring, mentoring, research, educational and personal enhancement initiatives related to and incidental or conducive to the attainment of any of the Objects, including but not limited to talks, lectures, courses, programmes, debates, discussions, meetings, seminars, conferences;
  • interactive display and exchange of knowledge related to and incidental or conducive to the attainment of any of the Objects, including but not limited to publication, distribution and sale of papers, periodicals, books, magazines, journals, brochures, posters, leaflets or other publications;
  • tickets for tours, museums, concerts, galleries, exhibitions, films, theatricals, sporting, special and cultural events;
  • green, nature and sustainability activities related to and incidental or conducive to the attainment of any of the Objects;
  • bursaries, sponsorship, subsidies, allowances, contributions, donations and other forms of assistance related to and incidental or conducive to the attainment of any of the Objects;
  • fundraising and other charitable initiatives related to and incidental or conducive to the attainment of any of the Objects;
  • other subjects that are related to and incidental or conducive to the attainment of the above or any of the Objects.

We cannot use or provide your personal data for direct marketing purposes unless you consent. Even if you give your consent, you can opt out of direct marketing at any time (or you may request that we cease to provide your personal data to third parties, at which point we will cease to do so), free of charge, by emailing info@k11artfoundation.org or writing to our Personal Data Privacy Officer at 4th Floor, East Wing, Tsim Sha Tsui Centre, No. 66 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong (marked Confidential).

 

Your rights

You have the right to:

  • check whether we hold any of your personal data;
  • access your personal data held by us;
  • require us to correct any personal data which is inaccurate;
  • ascertain our policies and practices (from time to time) in relation to personal data and the types of personal data held by us.

 

If you would like to make a request in relation to the above (or make any general enquiries), please contact our Personal Data Privacy Officer at 4th Floor, East Wing, Tsim Sha Tsui Centre, No. 66 Mody Road, Tsim Sha Tsui, Kowloon, Hong Kong or [email address created for this purpose]  (marked Confidential).  In accordance with the Personal Data (Privacy) Ordinance (Cap. 486) (the “PDPO”), we have the right to charge you a reasonable fee for the processing of any personal data access request.

 

Privacy Policy Statement

Please find our policy on personal data protection by accessing our Privacy Policy Statement available at https://www.k11artfoundation.org/en/.  If there is any inconsistency or conflict between the Privacy Policy Statement and this Statement, this Statement shall prevail.

Please also see our Privacy Policy Statement for our policies and information about;

  • our collection and/or use of Log Files (data relating to your use of/visits to the Application/Website, including but not limited to your IP address, domain name, browser type and access time);
  • the use of cookies and other tracking mechanisms;
  • retention of your personal data;
  • third party merchants and/or websites that may be contained in the Application/Website;
  • how we keep your personal data secure;
  • use of your personal data in legal proceedings.

 

Language

If there is any inconsistency or conflict between the English and Chinese version of this Statement, the English version shall prevail.

 

Miscellaneous

This Statement may be updated from time to time to reflect changes to our policy with respect to personal data protection and/or changes to personal data/data privacy laws and regulations.  Where there are significant changes, we will notify you and obtain your acceptance of the changes, consents, and/or opt in (as necessary or applicable).  If you do not accept the changes and/or provide your consent, then we may not be able to perform the Purposes and/or provide information, activities or events which are related to and incidental or conductive to the attainment of any of the Objects to you.  You are advised to check the Application/Website for updates to this Statement on a regular basis.

Nothing in this Statement shall limit your rights under the Personal Data (Privacy) Ordinance of the laws of Hong Kong.

This Statement shall be governed by, and construed in accordance with, the laws of Hong Kong.
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Updated: 3 October 2019