This sets out the policies and practices of Clad Holdings and all subsidiaries and affiliated companies of which it forms part (“Clad Holdings” or “We”) in relation to the handling of personal data.
Statement of Notice
We respect privacy. Clad Holdings is committed to complying with all applicable personal data privacy laws and regulations. When we collect and process personal data, we will ensure that there is a legal basis for us to do so – including but not limited to issuing a Privacy Notice and/or fulfilling any other requirements as provided under all applicable laws.
Statement of Practice
Kinds of Personal Data Collected
We collect personal data in five broad categories below (“Categories of Personal Data”): Subscription Records include records containing the personal information of the subscribers of our publications, job alert services, and any other subscription-based products or services. Personnel Records which include job applicants and our employees’ personal information. Event Attendee Records which include the personal information provided by the attendees of our events such as conferences, promotions, or charity activities. Other Operational Records include the personal data of such data subjects involved in newsgathering, security checks, cleaning, maintenance services, consultancy, technology, auditing, supplier, service provider, licensor, and other data subjects providing services in relation to all aspects of our operations. Records collected on/from Webservers include but are not limited to the email addresses, location data, and other online identifiers such as IP addresses of such data subjects who visit our websites, and platforms.
Main Purposes of Processing Collected Personal Data
Subscription Records are processed for the purposes of (i) provision of subscriptions, job alert orders, and any other subscription-based products or services; (ii) billing and payment (if applicable); and (iii) conducting market research for statistical purposes. Personnel Records are processed for the purposes of (i) recruitment; and (ii) human resources management and employment-related activities such as employment benefits, termination, performance appraisal, and discipline. Event Attendee Records are processed for the purposes of (i) organizing and managing the relevant events; and (ii) running the related competitions, prize draws, and promotions. Other Operational Records are processed for the purposes of facilitating the effective operation of our business such as newsgathering, security, maintenance, consultancy, technology, auditing, supplier, service provider, licensor, and other data subjects providing services in relation to all aspects of our operations. Records collected on/from Webservers are kept for the purposes of (i) providing and/or improving on the news, information, and related services to you; and (ii) keeping abreast of and analyzing the latest trends in the global media landscape.
Data Protection Principles
All processing of personal data shall be conducted according to the data protection principles as follows:
- Personal data must be processed lawfully, fairly, and transparently.
- Personal data can only be collected for specific, explicit, and legitimate purposes.
- Personal data must be relevant and limited to what is necessary for processing.
- Personal data must be accurate and kept up to date with every effort to erase or correct.
- Personal data must be kept in a form such that the data subject can only be identified if it is necessary for processing.
- Personal data must be processed in a manner that ensures appropriate security.
Data Inventory
We have also kept a data inventory and data flow process to determine various aspects of our data processing including:
- Business processes that use personal data.
- Purposes for collecting and/or using personal data.
- Source of personal data.
- Processing activities.
- Any data transfer, and to whom.
- Any data access, correction, or opt-out request.
Such data inventory would facilitate Clad Holdings in tracking its data and the related processing activities and put us in a better position to comply with the relevant privacy and other laws and regulations.
Legal Basis of Data Processing
We ensure that there is a legal basis for our processing of personal data. Such legal basis includes: (i) legitimate business interests of Clad Holdings in processing personal data; (ii) if required by applicable laws or regulations, seeking your specific consent to process such personal data; and/or (iii) any other relevant basis under applicable laws and regulations. Legitimate Interests Clad Holdings processes personal data under the “legitimate interests” legal basis which means that the processing of the personal data is necessary for the legitimate interest pursued by Clad Holdings except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which requires protection of personal data. Legitimate Interests Assessment In each relevant situation, we assess: (i) what these legitimate interests are; (ii) whether it is necessary to process such data to attain the objective; and (iii) the relevant rights of the data subjects; and balance such rights against our interests in achieving such objective, and ensure that such rights do not override Clad Holdings’ legitimate interests before we conclude that Clad Holdings can process the personal data on the basis of legitimate interests. Communicate with the Data subjects All data subjects will be informed that we are collecting their personal data, the categories of Personal Data concerned, and the purpose of processing. This is to ensure that the data subjects are clear about our collection and process of personal data and that such collection and processing are within the data subjects’ reasonable expectations. Please be informed that all data subjects can object to our collection and processing of their personal data at any time, in addition to their rights of requesting for accessing and/or correcting their personal data in our possession. Data Security Mechanisms We have also implemented appropriate mechanisms, policies, and procedures to protect the confidentiality and security of the personal data that we collect and process, as we respect the privacy and related rights of the data subjects relating to such personal data by reducing the risks or potential negative impact of processing including but not limited to data minimization, de-identification, encryption, restricted access, and all other technical security methods and efforts to protect personal data. Such protection of the privacy and related rights of the data subjects would enable Clad Holdings in processing personal data under the legitimate interest legal basis. Having conducted the above assessment thoroughly, Clad Holdings concludes that it is collecting and processing personal data under its legitimate interests as follows: a. Serving our Customers and Operational Needs The main purposes of processing the Categories of Personal Data have been set out above. They are legitimate interests for Clad Holdings to process the same because all such purposes are essential to Clad Holdings serving its customers and operational needs as a corporation and a media organization. A corporation like Clad Holdings needs employees to work for its business (and hence Personnel Records) and service providers to keep it running (and therefore Other Operational Records). A media organization such as Clad Holdings needs the personal data of its newspaper subscribers, event attendees, and website visitors so as to be able to have a relevant and timely provision of information and/or other services (and thereby Subscription and Event Attendee Records together with Records collected on Webservers). b. Inform the Public As a news organization – Clad Holdings respects the public’s right to know about what is happening in our community and the world. Clad Holdings has a duty both under the law and journalistic ethics to inform the public of such happenings (“duty to inform”). We collect and process such data as the name, email address, online identifier, and/or location data of those data subjects who visit any of our news, media, or other websites. We take note of the web pages being viewed as well as the time and frequency of such viewing. All of such data (“Public View Data”) are used to recommend to such data subjects relevant articles or content which should be of their interest. Such a recommendation does not prohibit or restrict anyone from viewing all of the other articles or content on such websites that they can access at any time as available. c. Market Analysis We analyze the Public View Data to (i) gain insightful knowledge of the reading habits, preferences, or tastes of the public; and (ii) conduct market segmentation and related studies. Such analysis is necessary because it enhances Clad Holdings’s capability to carry out its duty to inform and contribute to the welfare of our international community as a global digital news organization. The knowledge and study results from such analysis would enable Clad Holdings to fulfill its duty to inform more effectively by providing more relevant and timely information, products, and services to the public. This would benefit not just Clad Holdings – but also international society as a whole. Our world is becoming more globalized and interconnected. What is happening in one part of the world could have instant, far-reaching, and/or significant ramifications on others. d. Direct Marketing Clad Holdings also uses personal data for direct marketing purposes as part of its legitimate interests unless the data subject explicitly objects or such is otherwise specifically prohibited under applicable laws. How you enjoy Clad Holdings’ products or services (such as news, media, advertising, events, etc.) may indicate your consumption preferences or inclinations. Based on such preferences or inclinations, we use such personal data to conduct direct marketing in respect of various goods and/or services offered by Clad Holdings, its affiliates, or business partners including:
- Insurance, banking, and financial products and services;
- Products and services relating to airlines, hotels, health clubs, travel, and hospitality;
- Beauty, skincare, health, medical devices, biotechnology, pharmacy, and wellness;
- Eyewear and optical, fashion, sports, sports events, sports clubs, watches and jewelry, flower shop, stationery, toys, department stores, and shopping malls;
- IT, electronic goods and electrical appliances, mobile phones and accessories, telecommunications and media products and services;
- Food and beverages and restaurants;
- Design, automotive, education, antique and auction, arts and gallery, boat and accessories, services for children, real property, construction, furniture and household items, interior design, consular services, trade or industry associations, non-governmental organizations, government services, energy, events and exhibitions, personal announcements, pets and accessories, post and courier services, public utilities, professional services, career, security services, shopping, transportation, and logistics.
We note that given the global spread of our businesses, there could be cases where our use of personal data for direct marketing is governed by laws of certain jurisdictions (such as Ghana) which require the consent of the data subject(s) in this regard. Please refer to the “Consent” section immediately below for more information. Consent Where applicable legal requirement demands specific consent must be obtained before we can process personal data including conducting direct marketing, we will ensure that such specific consent will be obtained as follows:
- the consent has to be clear, explicit, and specific;
- the data subject is fully aware of the types of personal data that we intend to use, and the purposes of such usage (such as improving our services to the data subject or direct marketing); and
- the name/identity of the transferee (if we ever intend to transfer your data) and how the transferee shall use your personal data.
Rights of the Data subjects Clad Holdings respects that data subjects have the following rights regarding the data processing, and the data is recorded about them:
- To request access regarding the nature of information held and to whom it has been disclosed.
- To prevent processing likely to cause damage or distress.
- To prevent processing for purposes of direct marketing.
- To be informed about the mechanics of automated decision-making processes which will significantly affect them.
- Not to have significant decisions that will affect them taken solely by an automated process.
- To sue for compensation if they suffer damage by any contravention of the applicable privacy and other laws.
- To take action to rectify, block, and erase including the right to be forgotten or destroy inaccurate data.
- To request the supervisory authority (eg. a privacy commissioner or a data protection officer) to assess whether any provision of the relevant privacy and other laws has been violated.
- To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have such data transmitted to another data controller.
- To object to any automated profiling which is occurring.
Transfer of Personal Data
We will keep confidential the personal data that we hold, which may be transferred to the following parties within Hong Kong for the purposes stated above.
- Delivery agents of Clad Holdings for delivering the newspapers or other publications relating to the subscriptions or free trials;
- Agents, contractors, or third parties which/who provide administrative, technology, or other services to Clad Holdings for its operations;
- Credit reference or debt collection agencies; and
- Any affiliates of Clad Holdings.
In the event of such transfer, Clad Holdings shall use contractual or other means to ensure that the data transferees shall keep the transferred personal data confidential and comply with all relevant personal data privacy laws and regulations. Regarding the situation as described under sub-clause (iv) above – If such intra-group transfer among Clad Holdings affiliates involves cross-border data transfer, Clad Holdings may adopt binding corporate rules for safeguarding the security of such personal data, and ensuring that all affiliates involved shall comply with relevant privacy and other laws.
Outsourcing Arrangements
Clad Holdings has been using its in-house resources to develop and maintain its IT systems. Occasionally Clad Holdings engages a third-party vendor to provide certain services relating to its IT systems. This vendor does not have access to the personal data stored in the IT systems under usual circumstances. In the exceptional case where such vendor has such access, Clad Holdings uses reasonable measures to ensure that: (i) such vendor is contractually bound to keep such personal data confidential and adopt appropriate means to prevent any unauthorized access, use, loss, retention, modification, transfer or otherwise.
Data Retention
We implement data retention policies and records to ensure that personal data will not be kept longer than necessary in relation to the purpose for which they were collected. Different retention periods apply to various types of personal data that we hold, depending on the respective data collection/usage purpose and relevant legal requirements.
Data Protection Officer
We have appointed a Data Protection Officer whose responsibilities include the following:
- To inform and advise Clad Holdings and its employees of their obligations pursuant to the applicable privacy and other laws and regulations (collectively “Privacy Laws”);
- To monitor Clad Holdings’ compliance with such Privacy Laws;
- To co-operate with the supervisory authority (eg. privacy commissioner or equivalent bodies); and
- Act as the contact point for the supervisory authority on issues regarding data processing and related matters.
Data Access / Correction and Other Inquiries
You have the right to know whether Clad Holdings holds your personal data, accesses the data, and/or corrects any inaccuracies of such data. You also have the right to make reasonable inquiries about Clad Holdings’ personal data policies and procedures. You have the right to object to the processing of your personal data or withdraw your consent (if applicable) at any time. Please note however that if you object to the processing of your personal data, it may affect Clad Holdings’ ability to provide the services that you required or may affect the quality of such services. If you withdraw your consent (if applicable), Clad Holdings will stop providing such services to you which applicable laws requires specific consent. All of the above requests should be made in writing to our Data Protection Officer at dataprotection@dailyaccra.com A reasonable fee may be charged in light of the administrative costs that Clad Holdings shall incur in addressing your request(s). We keep our Privacy Notice under regular review and reserve the right to amend it from time to time as appropriate. This Notice was last updated on 15th December 2020
