Privacy Policy, Disclaimer and Terms & Conditions

PRIVACY NOTICE
CHINA

Hays Specialist Recruitment (Shanghai) Co. Ltd requests you read the following information regarding when and how we collect your personal data and how we maintain, use, store, transfer and disclose of your personal data in connection with your possible or actual work placements and sign where indicated to acknowledge your acceptance and understanding of this information.

We may collect personal data about you when:

You complete our registration forms or provide any other information in connection with your application
Personal data means information about you, including your work experience, qualifications, aptitude test results, opinions about your work performance (eg references) and other information obtained by us in connection with your possible work placements
We receive any reference about you
We receive results of inquiries that we might make of your former employers, work colleagues, professional associations or registration body
We receive the results of any competency or medical test or background checks
We receive any complaint or other information from or about you in the workplace
We receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you were involved
We receive any information about a workplace accident in which you are involved
You provide us with any additional information about you

Please note that it is mandatory for you to provide personal data where referred to above in order for us to be able to provide you with our services.

Your personal data may be used in connection with:

Your actual or possible work placement, career guidance or management
Your performance appraisals
Our assessment of your ongoing performance and prospects
Any test or assessment (including medical tests and assessments) that you might be required to undergo
Our identification of your training needs
Any workplace rehabilitation
Our management and resolution of any complaint, inquiry or investigation in which you are involved
Any insurance claim or proposal that requires disclosure of your personal information
Undertaking criminal reference checks
For research, development, business systems and infrastructure testing and other business purposes to assist us in providing our services to you and providing our services to our clients

If at any time you provide personal data of a third party to us, you warrant and represent that (a) you have already given written notice to the third party of the intention to use the data for such direct marketing (b) have obtained the written consent of the third party to the use or provision of their personal data in such direct marketing by Hays and (c) that the intended use of personal data by Hays and the promotion of [Hays recruitment services] is consistent with and covered by the consent of the third party.

Your personal data may be disclosed to:

Potential and actual employers and clients of Hays
Hays employees and potential employers located in: Australia, Belgium, Brazil, Canada, Chile, Mainland China, Czech Republic, France & Luxembourg, Germany, Switzerland & Austria, Hong Kong, Hungary, India, Ireland, Italy, Japan, Malaysia, Mexico, Netherlands, New Zealand, Poland, Portugal, Russia, Singapore, Slovakia, Spain, Sweden & Denmark, UAE, United Kingdom, USA (and any other countries where Hays may provide its services in the future) regarding possible or actual work placements and to assist us in providing our services to you
Referees
External providers of online training and induction eg mandatory on-line OH&S Induction
Our insurers and brokers
A professional association or registration body that has a proper interest in the disclosure of your personal data
A Workers Compensation body
Any person with a lawful entitlement to obtain the information
Accountants, auditors, company secretarial services and professional advisers
Landlords, agents and property services organisations
Travel and other services providers
IT, data, network, technology, internet, social network and business process service providers and organisations
Marketing and event organisers, venues and companies
This may include transferring your personal data to a location or country which may not offer the same level of protection of personal data as Mainland China.

If you do not give us the information we seek:

We may be limited in our ability to locate suitable work for you; and
We may be limited in our ability to place you in work

Additional information contained in our privacy policy:

Our privacy policy which is located on the bottom of our website, www.hays-china.cn/en contains further information about the type of information we hold and how we manage your information, including how you can, subject to some exemptions, access personal data about you that we hold and request that it be corrected.

You have the right to request access to and correction of information held by us about you. You also have the right to withdrawn your consent to Hays use of your personal data, without charge. If you wish to access or correct your personal data, or otherwise wish to contact us, please contact our Privacy Officer via privacy@hays.cn.

Changes to our Privacy Notice:

If at any time our privacy notice or privacy policy changes, the updated details will be available on the privacy policy on our website. Any information we hold about you will be governed by the most current version of this policy.

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PRIVACY POLICY
CHINA

Your privacy is important to Hays

Your privacy is important to us. This statement outlines Hays policy on how we manage the personal information we hold about our customers and others. It applies to all operations within Hays Specialist Recruitment (Shanghai) Company Limited including visitors to our website.

It is the policy of Hays to respect the confidentiality of information and the privacy of individuals.

The Hays privacy policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and to make sure it remains appropriate to the changing environment. Any information we hold will be governed by the most current version of the Hays privacy policy.

Please carefully and fully read and understand this privacy policy. Continuing use any of our services or submitting your personal data through any of our websites or applications will be deemed as your explicit agreement to this Hays’ Privacy Policy (as well as any amendments made by Hays from time to time).

We will use our best efforts to ensure that the information you submit to us remains private, and is used only for the purpose you agree to. This document reflects our commitment to you.

The Hays privacy policy is based on transparency

We are committed to being transparent about how we use personal information.

Where our documents ask for personal information, we will generally state the purpose for its use and to whom it may be disclosed.

Type of personal information held by Hays

Personal information that we collect and hold usually falls into the following categories:

Personal information submitted and obtained from each person seeking employment and other sources in connection with applications for work
Work performance information
Information about incidents in the workplace
Staff information
Information submitted and obtained in relation to absences from work due to leave, illness or other causes
Information obtained to assist in managing client and business relationships

Purposes for which we hold personal information

We primarily hold personal information for the following:

Placement operations - to assist you in finding a suitable position
Recruitment - career guidance and management
Staff management - to enable consultants to better service your career requirements if you are employed by Hays on a temporary or contract basis
Training - to identify any training requirements
Client and business relationship management - to ensure we are familiar with and fully understand your needs
Marketing - to inform you of events, services and possible job opportunities by mail/email/sms/phone

Disclosures

We may disclose your personal information for the purposes for which it is primarily held or for a related secondary purpose.

We do not disclose information about your individual visits to the Hays’ website, or personal information that you provide, such as your name, address, email address, telephone number etc to any outside parties, except when we believe we are under a lawful duty of care to do so.

Processing of personal information

By submitting your application to us or continuing to use any of our websites or applications, you are agreeing to your personal information being forwarded or transmitted to our offices or entrusted service providers, including those internationally and where you have applied for a specific role, to employers in that country. You further understand and agree that your information may be transmitted, processing and stored out of Mainland China and to other countries or regions by Hays and its entrusted service providers.

At Hays, we train our staff to respect the confidentiality of customer information and the privacy of individuals. Hays have appointed a Privacy Officer to ensure that our management of personal information is in accordance with this statement.

How do we store personal information?

Safeguarding the privacy of your information is important to us, whether you interact with us personally, by phone, mail, over the internet or other electronic medium. We hold personal information in a combination of secure computer storage facilities and paper-based files and other records, and take steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure.

We may need to maintain records for a significant period of time. However, when we consider information is no longer needed, we will remove any details that will identify you or we will securely destroy the records.

How do we keep personal information accurate and up to date?

Hays endeavours to ensure that the personal information it holds is accurate and up to date. We realise that information changes frequently with changes of address and other personal circumstances. We generally update your customer information over the telephone. Please advise your consultant when your personal details change.

If you have created a profile with Hays via our website, you are able to update or delete your personal information whenever you apply for a new position advertised. To do so, simply click on apply for a position of interest, log into your profile, and you will find options for editing or deleting the information you have submitted.

General information collected from visitors to our hays.cn website

In general, we gather information about all our website users collectively, such as what areas users visit more frequently and what services users access the most. We only use such data anonymously and in the aggregate. This information helps us to determine what is the most beneficial for our users, and how we can continually create a better overall website experience for you.

Your personal information collected on the Hays website

In some instances we may need specific information about you, such as name, address, email address, telephone number etc. We will collect this information if you apply for a job or sign up for a service via our website, for example. We may also ask you for other information such as the types of jobs you are interested in and your workplace concerns in order to provide you with the best possible service and internet experience.

Hotjar

Our websites use services provided by Hotjar Ltd. Hotjar provides services including Heatmaps, Visitor recordings, Funnels and Form Analysis, Feedback Polls, Surveys and Recruiters. The information generated by the tracking code and cookie about your use of the website will be transmitted to and stored by Hotjar on servers in Ireland. Through the Hotjar tracking code the information collected includes:

Device-specific data

The following information may be collected through your device and browser:

Your device's IP address (collected and stored in an anonymized format)
Your email address (if made available to us)
Your first name and surname (if made available to us)
Device screen size
Device type (unique device identifiers) and browser information
Geographic location (country only)
Preferred language used to display the webpage

Log data

Our servers automatically record information which is created upon using Hotjar. Data includes:

Referring domain
Pages visited
Geographic location (country only)
Preferred language used to display the webpage
Date and time when website pages were accessed

Hotjar will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Hotjar uses a variety of services hosted by third parties, such as Google Analytics and Optimizely. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request. For information on how Google Analytics and Optimizely collect and use your information, please refer to their privacy policies. By continuing to use this website, you consent to the processing of the above data by Hotjar and by the third parties used by Hotjar in accordance with this Privacy policy and their respective privacy policies. The cookies used by Hotjar have differing durations; some are 365 days, some persist for the session only.

To opt out please go to the following link: https://www.hotjar.com/opt-out

Enquiries and complaints

You can make further enquiries or complaints about our privacy policy to our APAC Privacy Officer via privacy@hays.cn

Access

Subject to some exceptions, you can gain access to the personal information that we hold about you.

To make a request to access your personal information, you will need to complete an application form verifying your identity and specifying what information you require. Please contact our Privacy Officer for an application form.

We may impose a moderate charge in providing access. Our Privacy Officer will discuss this with you.

You should also anticipate that it may take time to process your application for access as there may be a need to retrieve information from storage and review it in order to determine what information is relevant.

Feedback

Hays have several areas on our website where you can submit feedback. Any feedback that is submitted through this area becomes the property of Hays. We may use this feedback, such as success stories or responses to surveys, for marketing purposes, or to contact you for further feedback on the site.

Changes to our privacy policy

If we make any changes to our privacy policy, we will post these changes on our website so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. If, at any time, you have questions or concerns about our commitment to your privacy, please feel free to email our Privacy Officer at privacy@hays.cn.

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Terms & Conditions

Where Hays introduces either by mail, telephone or e-mail any candidate for an assignment or employment then the introductions shall be subject to our Standard Terms of Business as applicable. We will provide all of our clients with a copy of the Standard Terms of Business applicable to them at the point of registration or following registration. The Terms and Conditions is in addition to and not in substitution for our Standard Terms of Business. In case of conflict, the Standard Terms of Business shall prevail.

Your use of this Site

Hays Specialist Recruitment (Shanghai) Co., Ltd. ("Hays") provides you access to the Hays. China website (the "Site") in order to help you at every stage of the recruitment process and offer you other specialist services.

You will not use the Site for, or to encourage, any unlawful purpose; nor post or transmit on the Site inaccurate, incomplete or false information (including in the case of candidates, biographical information about yourself and/or information about your workplace); nor will you post or transmit on the Site any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You confirm that you will not post or transmit on the Site any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the Site; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the Site by spamming or flooding it. You will not use any device, routine or software to crash, delay, or otherwise damage the operation of this Site. You further confirm that you will not take any action that affects Hays' reputation or that defames, abuses, harasses or threatens others.

You may not publish and disseminate the following information on this Site:

(1) information that instigates the resistance and disruption of the implementation of the Constitution, laws and regulations;
(2) information that instigates the subversion of the state power and overthrow of the socialist system;
(3) information that instigates the secession of the country and sabotage of the national unity;
(4) information that instigates hatred and discrimination among peoples and sabotage of solidarity among peoples;
(5) information that fabricates or distorts facts, spreads rumours and disrupts social order;
(6) information that propagates feudalistic superstitious, obscenity, pornographic, gambling, violence, murder, terror and instigates crimes;
(7) information that openly insults others or fabricates facts to slander others;
(8) information that damages the reputation of state organs; and
(9) other information that violates the Constitution, laws and regulations.

Hays in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the Site and/or to delete from the Site immediately and without prior notice any material that it deems not to comply or to be objectionable for any reason.

Links to or from other Sites

As a convenience to users, this Site contains links to external websites and you may be offered a number of automatic links to other sites, which may interest you. We accept no responsibility for or liability in respect of the content of those sites. Hays should not be taken as having reviewed or approved such sites or their contents, nor does it warrant that any links to such sites work or are up to date. The use of any such links is entirely at your own risk. If we find that such links publish or transmit information prohibited by laws or regulations, we will disconnect the links. Any third parties wishing to link to our Site may do so provided links are to the home page of the Site.

Security and passwords

When you register with this Site or sign on when you visit the Site, you will need to use a user name and password. You are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You should also take other measures to ensure the security of the password, such as changing the password regularly. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any disclosure of any password caused by your improper use or other reasons not attributable to us.

Aggregate information

We may gather information and statistics collectively about all visitors to this Site which may include the information supplied by you which will help us to understand our users thereby creating a better recruitment process. We will not disclose individual names or identifying information. All data will be in aggregate form only. We believe this information helps us determine what is most beneficial for our users and how we can continually improve our online service. We may share this kind of aggregate data with selected third parties to assist with these purposes. Personal data is processed by us in accordance with our Privacy Policy.

Intellectual property rights

All of the information contained on this Site is the © of Hays Specialist Recruitment (Shanghai) Co., Ltd. All trade marks, logos, software or any other intellectual property rights are the exclusive property of Hays plc. You may not download, copy or print any of the pages of the Site except for your own personal use, and provided you keep intact all copyright and proprietary notices. You may not copy or distribute any content of the Site for any business or commercial use by yourself, nor can you license any third parties to do so. No framing, harvesting, "scraping" or other manipulation of the content of the Site is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party.

Any organization or individual who believes that the content of web pages or links on the Site may be suspected of infringing its intellectual property rights should timely submit a written notice of rights to Hays, and provide identity certificate, ownership certificate and detailed infringement proof. After receiving the above written notice and certificates, Hays will delete relevant contents or disconnect relevant links as soon as possible in accordance with law.

Changes to or temporary unavailability of this Site

Every effort is made to keep the Site up and running smoothly and fault-free. However, Hays takes no responsibility for, and will not be liable for, the Site being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, databases or content.

Amendment of Terms and Conditions

Hays may amend these Terms and Conditions at any time by posting amended Terms and Conditions to the Site. You will be deemed to have agreed to the amended Terms and Conditions when you continue to use this Site following any amendment. Each time you log on and use the Site, please check and ensure that you understand the Terms and Conditions in effect at that time.

Termination

We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.

Liability and disclaimer

For the information contained on this Site, Hays has taken all reasonable endeavours to ensure that it is accurate. However, Hays gives no representation or warranty in respect of such information.

You should make your own judgment on the information on this Site and bear all risks arising from the use of the information, including but not limited to the risks arising from reliance on the correctness, integrity or practicability of the information. No liability is accepted by Hays for any loss or damage which may arise out of any person relying on or using any information on this Site. Without prejudice to the general applicability of the forgoing, Hays shall not be liable to any person relying on or using any such information for (a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or (b) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude Hays' liability for your personal injury, and property damage caused by Hays intentionally or in gross negligence.

You agree fully to indemnity us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from misuse of this Site or breach of this Terms and Conditions by you, so as to protect Hays from loss.

We do not guarantee that any employer or client will ask for a candidate's information, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client. We make no representation or warranty as to the final terms and duration of any appointment obtained through this Site.

We take all reasonable endeavours to ensure the confidentiality of the information and data. We will require employers and clients to keep your information and data confidential, but we do not guarantee that any employer or client will keep confidential any candidate information or data provided to them.

If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.

Your use of the Site and downloads from it, and the operation of these Terms and Conditions, shall be governed in accordance with the laws of the People's Republic of China. The courts of the People's Republic of China shall have exclusive jurisdiction over any dispute arising out of the use of this Site.

In case of any query regarding the information on this Site, please contact us.

Disclaimer

Candidate Disclaimer

In order to facilitate the recruitment process on your behalf, Hays may forward your details to clients based on your consent or under any other circumstance as permitted by law, and additionally display promotional excerpts from your details on the Hays China website or other websites of the Hays group. You agree and accept that your present employer may access the Hays China or other Hays group websites and you unconditionally waive any and all claims you may have against Hays as a result of any loss you may suffer as a result of the information being displayed on these websites.

We will require employers and clients to keep your information confidential, but we do not guarantee that any employer or client will keep confidential any candidate information provided to them.

You agree to comply with the Terms & Conditions of this website and accept Hays’ right to suspend or cancel your registration immediately at our reasonable discretion without liability to you, if you breach such Terms & Conditions.

You accept that while Hays will use its reasonable endeavours to find a suitable appointment for you, Hays does not guarantee that any employer or client will ask for a candidate’s information, or will interview or hire a candidate. Hays makes no representation or warranty as to the final terms and duration of any appointment obtained through this website. You waive any rights and claims against Hays for failure to find you such appointment or in relation to the terms or duration of any appointment.

For the information contained on this website, Hays has taken all reasonable endeavours to ensure that it is accurate. However, Hays gives no representation or warranty in respect of such information. You should make your own judgment on the information on this website and bear all risks arising from the use of the information, including but not limited to the risks arising from reliance on the correctness, integrity or practicability of the information. No liability is accepted by Hays for any loss or damage which may arise out of any person relying on or using any information on this website.

Any organization or individual who believes that the content of web pages or links in the website may be suspected of infringing its intellectual property rights should timely submit a written notice of rights to Hays, and provide identity certificate, ownership certificate and detailed infringement proof. After receiving the above written notice and certificates, Hays will delete relevant contents or disconnect relevant links as soon as possible in accordance with law.

As a convenience to users, this website contains links to external websites and you may be offered a number of automatic links to other websites, which may interest you. We accept no responsibility for or liability in respect of the content of those websites. Hays should not be taken as having reviewed or approved such websites or their contents, nor does it warrant that any links to such websites work or are up to date. The use of any such links is entirely at your own risk.

Employer Disclaimer

You agree and accept that the Hays China website is open to all its customers and will contain candidate profiles about candidates looking for jobs.

You strictly undertake that you will treat all candidate information as confidential and not use the candidate information of the Hays China website database for any purpose other than to search for and find candidates to fulfil specific job opportunities. In particular, you should process the candidate information within the scope of the aforesaid purpose and method of processing and types of personal information; In the case of any change of the purpose or method of processing of personal information by you, you should obtain the individual's consent anew. You agree not to share, copy or transmit to a third party any candidate information, unless you have unambiguous evidence that the consent of the candidate to such transfer has been obtained.

You will indemnify and hold Hays websites harmless for any and all liability howsoever arising (to the fullest extent allowed by law) which the Hays group may incur should you use the candidate information of the Hays China website database or other personal information derived from this website for any other purpose other than that for which they were provided.

Hays does not guarantee that the database of this website is available with candidates for employers or clients to choose from or to meet the needs of any employer or client.

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