Privacy Policy | Inclusive Company

The Inclusive Company Privacy Policy

Last updated: 21 August 2024

1. General

References to “The Inclusive Company,” “we,” “us,” or the “Company” refer to Inclusive International Company Limited and its relevant affiliates involved in the collection, use, sharing, or other processing of Personal Data. Under the Personal Data (Privacy) Ordinance (Cap 486) (the “Ordinance”), Personal Data refers to any data or information relating to an individual from which it is practicable to ascertain the identity of that individual, either directly or indirectly, and in a form in which access to or processing of the data is practicable.

This Privacy Policy explains our practices concerning Personal Data for the activities described herein. This Privacy Policy applies to all individual Users of our Website or Services.

We are committed to protecting the privacy, confidentiality, and security of the Personal Data we hold by complying with the requirements of the Ordinance regarding the management of Personal Data. We are equally committed to ensuring that all our employees and volunteers uphold these obligations.

When we collect any Personal Data from you, we will provide you with a Personal Information Collection Statement (“PICS”). This Privacy Policy is not intended to supersede any PICS or any express consent provided by you. In the event of any inconsistency, the PICS provided to you before the collection of your Personal Data, or your express consent, will take precedence over this Privacy Policy.

Please read this Privacy Policy carefully to understand how we collect, use, share, and otherwise process information relating to individuals, and to learn about your rights and choices regarding your Personal Data.

In the event of any discrepancy or inconsistencies between the English and Chinese versions of this Privacy Policy, the English version shall prevail.

2. Processing Activities Covered

This Privacy Policy applies to the processing of Personal Data collected by us when:

You sign up for or use our Services;
You visit our Website that displays or links to this Privacy Policy;
You use our App;
You visit our branded social media pages;
You receive communications from us, including emails;
You register for, attend, or take part in our Volunteer Opportunities; or
Processing of Personal Data is required for receiving our Services.

Our Website, App, and Services may contain links to other websites, applications, and services maintained by third parties. The information practices of these other services, or of social media platforms that host our branded social media pages, are governed by their privacy policies, which you should review to better understand their privacy practices.

3. What Personal Data Do We Collect?

Personal Data We Collect Directly from You:

The Personal Data we collect directly from you includes identifiers, professional or employment-related information, financial account information, commercial information, visual information, and internet activity information.

Examples include your full name, email address, mobile number, location, photograph, and any optional profile information (such as gender, date of birth, and living district) voluntarily provided by you in relation to your User Account (“Profile Information”) and the types of Volunteer Opportunities in which you may be interested.

We collect such information in the following situations:

When you register for a User Account;
When you apply for or participate in any Volunteer Opportunity;
When you express interest in additional information about the Services, request customer support, use our “Contact Us” features, or download content;
When you interact with our Website, App, or emails, we may automatically collect information about your device and usage of our Website, App, or emails (such as IP addresses or other identifiers), using cookies or similar technology;
When you use and interact with our Services, we automatically collect information about your device and usage of the Services through log files and other technologies;
When you voluntarily submit information or content to the Services, we collect the information provided as part of that request.
When requesting any other Personal Data from you, we will notify you through a PICS at the time of collection whether it is mandatory for you to provide such Personal Data to us.

If you do not provide any mandatory Personal Data, we may not be able to:

Process or complete your application for a User Account;
Provide you with our Services; or
Process or complete your request to participate in any Volunteer Opportunities or keep a record of the Volunteer Opportunities in which you have participated;
Respond to any queries submitted by you.

If you believe that your Personal Data has been provided to us improperly or want to exercise your rights relating to your Personal Data, please contact us using the information in the “Contact Us” section below.

4. Information We Collect Automatically

We use common information-gathering tools such as cookies, pixels, and similar technologies to automatically collect information that may contain Personal Data as you navigate our Website, App, the Services, or interact with emails we have sent you.

Device and Usage Data: We automatically gather certain information when you visit our Website or use our App. This may include IP address, device information, browser type, and usage data. This information is used to improve the functionality, security, and user experience of our Website, App, and Services.
Tracking Technologies on Our Website and App: We use technologies like cookies to collect information about how you interact with our Website and App. Cookies help us improve your browsing experience. You can control cookies through your browser settings, but some features may not function properly if cookies are disabled.
Log Files: Our servers automatically record certain data when you use the Services, such as IP address and browsing activity. This data helps us monitor, maintain, and improve the Services.
Location Information: We may collect information about your device’s location when you access our Services. You can disable location-based services in your device settings, but this may limit some functionalities.
Social Media Features: Our Website and App may use social media features, such as the Facebook "like" button or "Tweet" button, which allow you to share information on external platforms. Your interactions with these features are governed by the privacy policies of the respective social media platforms.

5. Purposes for Which We Process Personal Data and the Legal Bases on Which We Rely

We will collect, retain, and use your Personal Data for the purposes set out in the relevant PICS or in accordance with any further express consent provided by you. In addition to verifying your identity, such purposes may include the following:

Providing our Website, App, and Services: We process your Personal Data to perform our contract with you for the use of our Website, App, and Services and to fulfill our obligations under the applicable terms of use and service. If we have not entered into a contract with you, we base the processing of your Personal Data on our legitimate interest to operate and administer our Website and App and to provide you with content you access and request.
Promoting the security of our Website, App, and Services: We process your Personal Data by tracking use of our Website, App, and Services, creating aggregated non-personal data, verifying accounts and activity, investigating suspicious activity, and enforcing our terms and policies to the extent it is necessary for our legitimate interest in promoting the safety and security of the services, systems, and applications, and in protecting our rights and the rights of others.
Managing user registrations: If you have registered for an account with us, we process your Personal Data by processing and completing your application for registration of a User Account and administering your User Account.
Volunteer Opportunities: We process your Personal Data to: (i) provide you with information regarding any Volunteer Opportunities for which you have applied; (ii) to keep a record and provide you (and, if relevant, your employer) with information and details regarding: (1) your User Account activities; (2) any Volunteer Opportunities and Events for which you have applied or participated; (3) Your Content; or (4) any NGOs, Social Enterprises, Volunteer Opportunities, or types of Volunteer Opportunities, for which you have expressed an interest.
Managing registrations and attendance: We process your Personal Data to plan and host Volunteer Opportunities for which you have registered or that you attend, including sending related communications to you, to perform our contract with you.
Developing and improving our Website, App, and Services: We process your Personal Data to analyze trends and to track your usage of and interactions with our Website, App, and Services to the extent it is necessary for our legitimate interest in developing and improving our Website, App, and Services and providing our users with more relevant content and service offerings, or where we seek your valid consent.
Assessing and improving user experience: We process device and usage data as described above, which in some cases may be associated with your Personal Data, to analyze trends and assess and improve the overall user experience to the extent it is necessary for our legitimate interest in developing and improving the service offering, or where we seek your valid consent.
Reviewing compliance with applicable usage terms: We process your Personal Data to review compliance with the applicable usage terms in the Agreement to the extent that it is in our legitimate interest to ensure adherence to the relevant terms.
Assessing capacity requirements: We process your Personal Data to assess the capacity requirements of the Services to the extent that it is in our legitimate interest to ensure that we are meeting the necessary capacity requirements of our service offering.
Identifying User opportunities: We process your Personal Data to assess new potential User opportunities to the extent that it is in our legitimate interest to ensure that we are meeting the demands of our Users and their experiences.
Recording phone calls: We may record phone calls for training, quality assurance, and administration purposes. If required under applicable law, we will obtain your prior consent or give you the option to object to a call being recorded.
Displaying personalized advertisements and content: We process your Personal Data to provide you with a more personalized experience regarding the Services and your User Account, including conducting marketing research and providing other personalized content based upon your activities and interests to the extent you have provided your prior consent.
Complying with legal obligations: We process your Personal Data when cooperating with public and government authorities, courts, or regulators in accordance with our legal obligations under applicable laws to the extent this requires the processing or disclosure of Personal Data to protect our rights or is necessary for our legitimate interest in protecting against misuse or abuse of our Website or App, protecting personal property or safety, pursuing remedies available to us, and limiting our damages, complying with judicial proceedings, court orders or legal processes, responding to lawful requests, or for auditing purposes. We also process your Personal Data to enforce our rights against you in any legal proceedings or to defend ourselves against any claim in relation to you.
Additional: We process your Personal Data for any other purpose that you have consented to and/or which has been notified to you on or before the time when the Personal Data is collected.

6. Marketing Activities

We cannot use your Personal Data without your prior consent or ‘no objection’ for providing you with marketing materials. We also cannot transfer your Personal Data to any third parties (including any NGOs and Social Enterprises) for their use in direct marketing without your prior consent. Subject to your prior consent and the further details set out in the relevant PICS provided to you, we may use your name and email address to send you messages, announcements, and/or information regarding:

The Services;
Any mentoring opportunities organized by us in relation to Volunteer Opportunities; or
Any Volunteer Opportunities that we think you may find of interest (“Marketing Materials”).

Subject to your consent, we may transfer your Personal Data to specified NGOs or Social Enterprises to enable them to directly send you messages, announcements, and/or information regarding their activities or any Volunteer Opportunities hosted or operated by the NGO or Social Enterprise.

You can exercise your right not to receive some or all of the Marketing Materials or to not have your Personal Data transferred to the NGOs or Social Enterprises for marketing purposes by checking the opt-out box on the relevant forms we use to collect your Personal Data. You can also opt out of receiving any Marketing Materials at any time by notifying us in writing at the email address stated below or through your User Account.

If we process your Personal Data for the purpose of sending you marketing communications, you may manage your receipt of marketing and non-transactional communications from The Inclusive Company by clicking on the “unsubscribe” link located at the bottom of marketing emails or by emailing us at cs@theinclusive.asia.

Please note that opting out of marketing communications does not opt you out of receiving important business communications related to your current relationship with us, such as communications about your subscriptions or event registrations, service announcements, or security information.

7. Who Do We Share Personal Data With?

You agree that we may share the Personal Data we collect from you with third parties as detailed below to achieve the purposes outlined in the PICS provided to you before the collection of your Personal Data, and/or in accordance with any express consent provided by you. Provided you have given your consent in writing, some of the below third parties may be located in countries outside the country in which you are located, including in countries that may not provide the same level of data protection.

As Directed by You: We will display your Profile Information on your profile page and elsewhere on the Services in accordance with the preferences you set in your User Account. You can review and revise your Profile at any time. We will display Your Content on the Services, as directed by you. You understand and agree that Your Content submitted via your User Account for posting on the Services shall be publicly available and can be viewed by anyone who accesses or uses the Services. Anyone using our Services, Website, or App may read any Personal Data or other information you choose to submit and post.
With Trusted Service Providers: We utilize trusted third-party service providers to assist us in delivering our Services. For example, we may use third parties to help host our Services, facilitate communications on our Website and App through a messaging service, offer incentive programs, send out emails and updates, process payments, or provide back-office or IT services, on our behalf. These service providers may have access to your Personal Data for the limited purpose of providing the service we have hired them to provide, and solely for our benefit. They are required to have a privacy policy and security standards in place that are at least as protective of your Personal Data as this Privacy Policy. The information practices of these third-party service providers are governed by their privacy policies, which you should review to better understand their privacy practices. We may also store Personal Data in locations outside the direct control of The Inclusive Company (for instance, on servers or databases co-located with hosting providers).
NGOs and Social Enterprises: We may provide your Personal Data to NGOs and Social Enterprises who are hosting or operating the Volunteer Opportunities. As stated in section 5, subject to your consent, we may transfer your Personal Data to specified NGOs or Social Enterprises for the purposes of enabling them to send you Marketing Materials.
Employers: If you are volunteering through your employer, then you agree that your Personal Data may be shared by us with your employer.
Professional Advisers: In individual instances, we may share your Personal Data with professional advisers acting as service providers, processors, or joint controllers—including lawyers, bankers, auditors, and Hong Kong-based consultants providing consultancy, banking, legal, insurance, and accounting services—and to the extent we are legally obliged to share or have a legitimate interest in sharing your Personal Data.
With Law Enforcement or in Order to Protect Our Rights: We may disclose your Personal Data if required to do so by law or pursuant to any order issued by a court, tribunal, or regulatory authority of competent jurisdiction. We may also disclose your information to our legal counsel, governmental authorities, or law enforcement if we believe that it is reasonably necessary to do so in order to enforce our legal rights, comply with a law or regulation, protect the safety of any person, address fraud, security or technical issues, or protect The Inclusive Company's rights or property.
In an Aggregate and Non-Personally Identifiable Manner: We may disclose aggregate non-personally identifiable information (such as aggregated and anonymized data usage, platform types, etc., which do not amount to Personal Data) about the overall use of our Services, to the public or to interested third parties to help them understand, or to help us improve, the Services.
In Connection with a Sale or Change of Control: If the ownership of all or substantially all of our business changes, we may transfer your information to the new owner so that the Services can continue to operate. In such a case, your Personal Data would remain subject to the promises and commitments contained in this Privacy Policy until such time as this Privacy Policy is updated or amended by the acquiring party upon notice to you.

8. Privacy of Children

The Inclusive Company does not knowingly collect or solicit Personal Data from anyone under the age of 18 or knowingly allow such persons to register for a User Account. Children under the age of 18 must obtain parental consent before they apply for a User Account, use our Service, and/or provide us with any of their Personal Data. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us using the information in the “Contact Us” section below, and we will take steps to delete their Personal Data from our systems.

9. How Long Do We Keep Your Personal Data?

We may retain your Personal Data for a period of time consistent with the original purpose of collection or as long as required to fulfill our legal obligations. We determine the appropriate retention period for Personal Data based on the amount, nature, and sensitivity of the Personal Data being processed, the potential risk of harm from unauthorized use or disclosure of the Personal Data, whether we can achieve the purposes of the processing through other means, and based on applicable legal requirements (such as applicable statutes of limitation).

After the expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will implement appropriate measures to prevent any further use of such data.

10. Your Rights Relating to Your Personal Data

Your Rights: You have certain rights relating to your Personal Data, which include the right to:

Access your Personal Data held by us;
Know more about how we process your Personal Data;
Rectify inaccurate Personal Data and, taking into account the purpose of processing the Personal Data, ensure it is complete;
Erase or delete your Personal Data, to the extent possible;
Restrict our processing of your Personal Data, to the extent possible;
Where we process your Personal Data for direct marketing purposes or share it with third parties for their own direct marketing purposes, you can exercise your right to object at any time to such processing without having to provide any specific reason for such objection;
Opt out of certain disclosures of your Personal Data to third parties;
Not be discriminated against for exercising your rights described above;
Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal.

How to Exercise Your Rights: To exercise your rights, please contact us using the information in the “Contact Us” section below. Your personal data may be processed in responding to these rights. We try to respond to all legitimate requests within forty (40) days unless otherwise required by law, and will contact you if we need additional information from you in order to honor your request or verify your identity.

Some registered users may update their user settings, profiles, organization settings, and event registrations by logging into their accounts and editing their settings or profiles.

To update your billing information, discontinue your account, or request return or deletion of your Personal Data and other information associated with your account, please contact us using the information in the “Contact Us” section below.

Your Rights Relating to Customer Data: We may also process Personal Data submitted by or for a User to our Services. We are not responsible for and have no control over the privacy and data security practices of our Users, which may differ from those explained in this Privacy Policy. If your data has been submitted to us by or on behalf of a User and you wish to exercise any rights you may have under applicable data protection laws, please inquire with them directly. Because we may only access a User’s data upon their instructions, if you wish to make your request directly to us, please provide us the name of the User who submitted your data to us. We will refer your request to that User and will support them as needed in responding to your request within a reasonable timeframe.

11. How We Secure Your Personal Data

The security of your Personal Data is important to us. When you provide Personal Data through the Services, we encrypt the transmission of any Personal Data that we deem to be particularly sensitive by using industry-standard encryption.

We take appropriate precautions, including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we process or use. The Inclusive Company uses commercially reasonable and industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data. For example, we continuously and regularly back up your data to help prevent data loss and aid in data recovery. We also guard against common web attack vectors, host data in secure data centers, and have firewalls and access restrictions on our servers to secure our network and better protect your Personal Data.

Although we take reasonable steps to safeguard your Personal Data from unauthorized access, use, or loss, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you share Your Content, and we are not responsible for any third-party circumvention of any privacy settings or security measures on the Services. You are solely responsible for protecting your password, limiting access to your devices, and signing out of our Website and App after your sessions. If you have any questions about the security of our Website and App, please contact us using the information in the “Contact Us” section below.

12. Changes to This Privacy Policy

We will update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, and other factors. If we do, we will update the “effective date” at the top. If we make a material update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our Website or App or by contacting you directly, or where required under applicable law and feasible, seek your consent to these changes.

It is the responsibility of each User to review the Website, App, and the Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of our Services after the effective date of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.

13. Contacting Us

Please contact The Inclusive Company’s Customer Service at cs@theinclusive.asia, if you:

Have any questions regarding this Privacy Policy or the way in which we handle your Personal Data;
Wish to submit a request to access or correct your Personal Data held by us; or
Wish to withdraw your consent to the receipt of any Marketing Materials.

14. Definitions

Whenever the words "include," "includes," "including," or "in particular" (or similar derivatives) are used, they are deemed to be followed by the words "without limitation."

In addition to the above-defined terms, capitalized terms used in these Terms shall have the following meanings:

“Agreement” means the Terms of Service, the Master Services Agreement, and any terms and policies incorporated herein by reference, including any additional terms and each update or amendment of any of the foregoing from time to time.
“App” means the mobile application provided by the Inclusive Company through its partner, Social Career Limited, which Users can access our Services through.
"NGO" means a not-for-profit non-governmental organization that has been granted tax exemption under Section 88 of the Inland Revenue Ordinance (Cap. 112), and for the purposes of this Privacy Policy, shall include Social Enterprises.
"Ordinance" means the Personal Data (Privacy) Ordinance (Cap 486).
"Personal Data" means any data or information relating to an individual and from which it is practicable for the identity of that individual to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable.
"PICS" means any Personal Information Collection Statement provided by us to you before the collection of your Personal Data.
"Privacy Policy" means The Inclusive Company’s privacy policy statement.
"Profile Information" means your full name and email address, your mobile number and location, and your photograph or any other optional profile information (such as gender, date of birth, living district) voluntarily provided by you in relation to your User Account.
"Services" means, as applicable, the software and services provided by The Inclusive Company, and the processing, administration, and provision of the following on our Website or App:
- Publishing of Volunteer Opportunities onto the Website and App to be viewed and applied for by Users;
- Provision of information to Volunteers and their employers regarding the Volunteer Opportunities that the Volunteers have participated in; and
- Other related services that we decide to provide, from time to time, at our sole discretion.
"Software" all cloud-based software components (and any associated APIs, if applicable) and any downloadable tools provided by The Inclusive Company to the Customer under the Agreement, and any copies, updates, modifications, derivative works, or enhancements thereto.
"Social Enterprise" means a for-profit company formed and registered under the new or a former Hong Kong Companies Ordinance that complies with our onboarding requirements.
"The Inclusive Company," "we," "us," or "our" means The Inclusive Company Limited, a company incorporated under the laws of Hong Kong with its registered office at [insert office address].
"User(s)" means any individual, entity, or organization who accesses, views, or uses the App, Website, or Services.
"User Account" means an account established for a User to be able to use the Services.
"you" or "your" means you, the person who is accessing, using, or viewing the App, Website, or Services, and any NGO or Corporate Volunteer on whose behalf you are accessing, using, or viewing the App, Website, or Services.
"Your Content" means any content that is provided, uploaded, transmitted, submitted, or posted by or sourced from you.
"Volunteer" means a person who holds a User Account and uses the Services to volunteer and provide services to an NGO for free.
"Volunteer Opportunities" means any form of opportunity, event, activity, campaign, or webinar posted on the Website and App.
“Website” means https://www.theinclusive.asia/, or any related subdomains hosted by The Inclusive Company from time to time.