Privacy and Cookies Policy
1.1 We are committed to safeguarding the privacy of our website visitors and service users. We feel strongly that to provide you with the service you need, trust is absolutely paramount. We want to be completely transparent about the way that we hold and use your data (or if applicable, the data of a minor in your care), as well as the reasons for asking for the particular data that we do ask for. Above all, we want to make it clear that we only ask for information that is strictly relevant for delivering the service that you ask us to deliver.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.4 In this policy, “we”, “us” and “our” refer to Online Education Partnership Limited. For more information about us, see Section 17.
1.5 These terms may be translated into other languages. If there is any inconsistency between the English version of these terms and another language’s version of these terms, the English version of these terms shall prevail.
1.6 This privacy and cookies policy was last updated on 15 May 2018.
2. How we use your personal data
2.1 We use your data in a way that you would reasonably expect us to use it and which has a minimal impact on your privacy. In this case, the legitimate interest is to record your personal details in order to allow us to carry out our legitimate work of introducing a tutor to a student. If we do not have the data, we will be unable to do this work because we cannot effectively match student to tutor. We also use your data to prepare billing and other account related services, to send emails about our services or request you to complete a survey or feedback forms, to allow you to participate in any interactive features of our website, or where you are a prize winner, to administer the competition prize and to publish or otherwise make available a list of prize winners. We always strive to balance the collection and use of this data against your individual rights and freedoms and only ever ask for information that we legitimately need in order to do our work for you. We hold your data for as long as is reasonably necessary, unless you ask us to remove it, as you are entitled to do. If you are not happy about the way that we hold your data, you can contact our Data Protection Officer.
In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) the purposes for which we may process personal data; and
(c) the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is consent and/or our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent and/or our legitimate interests, namely monitoring and improving our website and business.
2.4 We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, educational details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is consent and/or our legitimate interests, namely monitoring and improving our website and business.
2.5 We may process your personal data that are provided in the course of the use of our services (“service data”). The service data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, family, lifestyle and social circumstances, goods and services, financial details, educational details and employment details. We also process sensitive classes of information that may include physical or mental health details, racial or ethnic origin, religious or other beliefs of a similar nature. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent and/or our legitimate interests, namely monitoring and improving our website and business.
2.6 We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent and/or our legitimate interests, namely the proper administration of our website and business.
2.7 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent and/or our legitimate interests, namely the proper administration of our website and business.
2.8 We may process information relating to our customer relationships, including customer contact information (“customer relationship data”). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between you and us. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is consent and/or our legitimate interests, namely the proper management of our customer relationships.
2.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.
2.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
2.11 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.12 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.13 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.14 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.15 In the case of your child’s details we will request consent from a parent or legal guardian for any minors below the age of 16. We only use the personal information we collect to process the enquiry and source an appropriate tutor. We share some of this information with the potential tutor but only the information that is necessary in order to make a successful introduction. It will be retained in a secure environment and access to it will be restricted according to the ‘need to know’ principle. We do this in order to perform an accurate, useful and expert tutor introduction service, or to provide you with relevant education consultancy. Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Automated decision-making
3.1 We will use your personal data for the purposes of automated decision-making in relation to tutor matching.
3.2 This automated decision-making will involve using a simple computer system to provide an initial search of our database to match tutor with student.
3.3 The significance and possible consequences of this automated decision-making are that you may opt out of this if you wish, but note that we will then be unable to deliver the service you asked us to.
4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose your personal data to our suppliers or subcontractors insofar as reasonably necessary for the purposes of providing services, advice or usage of third party software.
4.4 Financial transactions relating to our website and services may be handled by our payment services providers including but not exclusive to Stripe, Paypal, and Telleroo. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
4.5 We do not disclose your enquiry data to third party suppliers of goods and services for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services.
4.6 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 Your personal data may also be stored on servers in the EEA, including cloud providers for example, by us using the Amazon Web Services, Inc. platform. The personal information that we collect from you may be transferred to, and stored at, a destination in and outside the EEA. It may also be processed by staff operating in and outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your and, if applicable, your child’s personal information, you agree to this transfer, storing or processing. However, please note, once we transfer your personal information outside Hong Kong, it may be accessible to law enforcement and national security authorities in such jurisdiction(s).
5.3 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) Usage data, account data, profile data, service data, publication data, enquiry data, customer relationship data, transaction data, notification data and correspondence data will be retained for as long as reasonably necessary unless we receive a request from you to delete your personal data. We will delete your personal data within 30 days of request from you to do so.
6.4 We will determine the period of retention based on the following criteria:
(a) the period of retention of your usage data, account data, profile data, service data, publication data, enquiry data, customer relationship data, transaction data, notification data and correspondence data will be determined based on frequency and usage of our services.
6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7. Security of personal database
7.1 We will take reasonable technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.
7.2 We will store all your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
7.3 Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.
7.4 You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).
8.1 We may update this policy from time to time by publishing a new version on our website.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
8.3 We may notify you of significant changes to this policy by email or through the private messaging system on our website.
9. Your rights
9.1 In this Section 9, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
9.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
9.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee (currently HKD $100). You can access your personal data by emailing a request to view such data to firstname.lastname@example.org with the subject header PERSONAL DATA REQUEST and providing your name and a proof of identity (such as a Hong Kong Identity Card or valid passport). Your personal data will be sent to the email address that we have on file for you.
9.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
9.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
9.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
9.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
9.8 To the extent that the legal basis for our processing of your personal data is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
9.9 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state or country of your habitual residence, your place of work or the place of the alleged infringement. In Hong Kong, the Office of the Privacy Commissioner for Personal Data is the supervisory authority responsible for data protection for all matters relating to the Personal Data (Privacy) Ordinance (Cap. 486).
9.10 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
9.11 You may exercise any of your rights in relation to your personal data by written notice to us via email to email@example.com, in addition to the other methods specified in this Section 9.
10. Third party websites
10.1 Our website includes hyperlinks to, and details of, third party websites.
10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11. Personal data of children
11.1 Our website and services are targeted at persons over the age of 16.
11.2 If we have reason to believe that we hold personal data of a person under that age in our databases and parental or guardian consent has not been given, we will delete that personal data.
12. Updating information
12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
13 About cookies
13.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
13.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
13.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
14. Cookies that we use
15. Cookies used by our service providers
15.2 We may from time to time use external services such as Facebook, Mailchimp, Pinterest, LinkedIn, Twitter, Google+ or YouTube, to display certain content on our Website. We cannot prevent such websites from collecting information about your usage of their services on our Website, for example, number of plays of a video.
16. Managing cookies
16.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
16.2 Blocking all cookies will have a negative impact upon the usability of many websites.
16.3 If you block cookies, you will not be able to use all the features on our website.
17. Our details
17.1 This website is owned and operated by Online Education Partnership Limited.
17.2 We are registered in Hong Kong under registration number 2263739, and our registered office is at 1202 Block C, Seaview Estate, 8 Watson Road, North Point, Hong Kong.
17.3 Our principal place of business is at 1202 Block C, Seaview Estate, 8 Watson Road, North Point, Hong Kong.
17.4 You can contact us:
(a) by post, to the postal address given above;
(b) by telephone, on the contact number published on our website from time to time; or
(c) by email, using the email address published on our website from time to time.
18. Data protection registration
18.1 We are registered as a data controller with the UK Information Commissioner’s Office.
18.2 Our data protection registration number is ZA157636.
19. Data protection officer
19.1 Our data protection officer’s contact details are: Alastair Altham, firstname.lastname@example.org.
20. Law and jurisdiction
20.1 The Hong Kong courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we both retain the right to bring proceedings against each other for breach of this privacy and cookies policy in your country of residence or any other relevant country. This privacy and cookies policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.