Data Protection Statement

We want to explain clearly how we handle your Personal Information in the provision of our services in China and in compliance with our obligations under the Personal Privacy Law of the People’s Republic of China (“PIPL”). This China Personal Information Statement includes transparency information required to be provided under PIPL relevant to “Personal Information”.

References to “we”, “us” and “Company” shall apply to the company in the Morgan McKinley group that is handling your Personal Information. For the purposes of this China Personal Information Statement the Personal Information Handler is:

Morgan McKinley Job Intermediary (Shanghai) Co. Ltd,
Unit 3102 - 3104,
Level 31, K. Wah Centre,
1010 Middle Huaihai Road,
Xuhui District, Shanghai 200031
privacy@morganmckinley.com

This Statement supplements the Morgan McKinley Data Protection Statement available at https://www.morganmckinley.com.cn/zh-hans/legal/privacy-policy

WHO THIS CHINA PERSONAL INFORMATION STATEMENT APPLIES TO

This China Personal Information Statement applies to Candidates working or applying to work in China.

For the purposes of this China Personal Information Statement a Candidate includes:

• an active job seeker, who registers with us with the purpose of us helping them to find a job, or applies to a Client role that we have advertised;
• someone who we have placed with a Client whether on a permanent or contract basis;
• someone we identify as a potential job seeker; or
• someone supplied on assignment paid by us and working with Clients.

We have a variety of sources of Candidate Personal Information. We will only ever source Personal Information that is necessary to provide our services and in a way that would be generally expected.

We receive Personal Information about Candidates from a variety of sources. Usually a Candidate will register their interest with us or we will approach them through publicly available channels. We may also receive Personal Information about a Candidate when:

• the Candidate applies to a position advertised on a third party jobs website;
• the Candidate may be sourced from publicly accessible platforms such as LinkedIn; Zhilian, Liepin, MaiMai
• the Candidate may be sourced from third party CV providers such as jobs websites that provide CV search facilities, where users have made their CV information available to registered customers of these sites;
• the Candidate may be referred to us from a third party recruitment business which is a supplier to us;
• the Candidate’s nominated referees or other individuals may provide us with Personal Information relating to the Candidate; or
• the Candidate may be referred to us by the Client.

This section describes how we handle Candidate Personal Information in China.

We will handle Personal Information in accordance with PIPL and the principles of legality, legitimacy, necessity, and good faith. To the extent you provide us with your Personal Information, we will handle such information for the purposes for which it was provided only.

Where legally required, we will obtain your consent before handling your Personal Information. This includes where we:

• share your Personal Information with other parties
• handle sensitive Personal Information as defined in PIPL
• transfer your Personal Information outside of the People’s Republic of China.

You can withdraw your consent at any time by contacting us at privacy@morganmckinley.com.

We may handle your Personal Information without your consent, under any of the following circumstances:

• where necessary to conclude or fulfill a contract in which you are an interested party, or where necessary to conduct human resources management according to lawfully formulated labor rules and structures and lawfully concluded contracts;
• where necessary to fulfill statutory duties and responsibilities or statutory obligations;
• where necessary to respond to sudden public health incidents or protect natural persons’ lives and health, or the security of their property, under emergency conditions;
• to implement news reporting, public opinion supervision, and other such activities for the public interest;
• where Personal Information is disclosed by persons themselves or otherwise already lawfully disclosed, within a reasonable scope in accordance with the provisions of PIPL.
• where other circumstances arise provided in laws and administrative regulations.

We have provided information in this section about the purpose, method and scope of handling.

We provide further information in this section about the purpose and scope of our handling of the Personal Information we collect:

• Candidate sourcing and applications
• Registration of Candidates on our database when applying for a position
• Ongoing Candidate relationship management
• Payment of Candidates
• Marketing activities to communicate jobs that may be of interest
• Reporting and administration of our business activities

As a global company there are times when your Personal Information may be provided to companies in our group who are outside the territory of the People’s Republic of China. Further information about our group entities is included here.

We will only share your Personal Information with third parties if we have obtained your separate consent as required by PIPL or in circumstances where your consent is not required according to laws and regulations. We can provide you with the name and contact information of specific personal information processors (as defined under PIPL), purpose and method of handling, and type of Personal Information related to you before your Personal Information is shared as required by PIPL. We will ensure that appropriate technical and organisational measures are undertaken to protect and secure any Personal Information that is shared.

Entities within China, with whom we may share your Personal Information are listed below:

We may need to transfer Personal Information outside of China in the provision of our services; however, we will always ensure that this is done in compliance with PIPL and we will obtain the necessary consents for such transfers, as required by law.

As a global organisation, we may transfer your Personal Information to our global affiliates and subsidiaries located outside of China. Further information about our group entities is included here.
We may also transfer data to external Personal Information processors and entrusted persons (e.g., service providers) located outside of China, who assist us in running our business and providing our services.

We will take necessary measures required by law including entering into standard contractual clauses with the overseas recipient to stipulate the rights and obligations between us and ensuring the foreign receiving party provides adequate protection for the Personal Information under applicable laws. We will separately obtain your consent and provide detailed information about the cross-border transfer of your Personal Information, as required by PIPL.

We monitor for and do everything that we can to protect Personal Information and prevent security breaches.

We will take all steps reasonably necessary to ensure that all Personal Information is treated securely in accordance with this China Personal Information Statement and in accordance with PIPL. In particular, we employ appropriate technical and organisational procedures to safeguard and secure the Personal Information we handle to prevent unauthorised access.

We monitor for and do everything we can to prevent security breaches of the Personal Information that we handle. Once we have received your Personal Information, we will use strict procedures and security features for the purpose of preventing unauthorised access and ensuring that only those who need to have access to your Personal Information can access it.

We also use secure connections to protect Personal Information during its transmission. Where you have been given (or where you have chosen) a password which enables you to access services, you are responsible for keeping this password confidential. Please do not share your password with anyone.

If you think that there has been any loss or unauthorised access to Personal Information of any individual, please let us know immediately.

It is important to be careful when visiting third party websites and when providing Personal Information to third parties. We have no control over third party websites that you may access.

Websites that you access via a link on our website or otherwise, are outside our control and are not covered by this China Personal Information Statement. If you access other websites using the links provided, the operators of these websites may collect Personal Information from you, which will be used by them in accordance with their own Privacy Statements, which may differ from ours. Please check the Privacy Statements on those websites before you submit any Personal Information to them.

Please see our separate Cookie Notice available at https://www.morganmckinley.com/en/legal/cookies-policy for further information.

We will update the date on this China Personal Information Statement when we make changes to it.

We will post any changes to this China Personal Information Statement on our Website and when doing so will change the effective date at the top of this China Personal Information Statement.
In some cases, we may provide you with additional notice of changes to this China Personal Information Statement, such as via email. We will always provide you with any notice in advance of the changes taking effect where we consider the changes to be material.

Under PIPL, you have the following Personal Information subject rights:

Right to be informed: You have the right to know and the right to decide if you want your Personal Information handled

Right of access: You have the right to access your Personal Information and to obtain a copy of your Personal Information.

Right to deletion: You have the right to request the deletion of your Personal Information we have collected under certain conditions.

Right to transfer: You have the right to transfer your Personal Information to another Personal Information handler designated by you.

Right to correction: If you find that your Personal Information is inaccurate or incomplete, you have the right to contact us to correct or complete it.

Right to understand: You have a right to ask us to explain Personal Information handling rules.

Right to object: Unless otherwise provided by laws and regulations, you have the right to object to our handling of your Personal Information.

Right to restriction: You have the right to request us to restrict the handling of your Personal Information, and we will no longer handle your Personal Information until you cancel such restrictions.

Please contact us in writing using the following details if you have any questions or concerns:

Morgan McKinley Job Intermediary (Shanghai) Co. Ltd,
Unit 3102 - 3104,
Level 31, K. Wah Centre,
1010 Middle Huaihai Road,
Xuhui District, Shanghai 200031

privacy@morganmckinley.com

If You consider that our use of Personal Information infringes PIPL, you have the right to lodge a complaint with or consult with your local Privacy Authority, the Cyberspace Administration of China (CAC) (国家互联网信息办公室).