Data Privacy Notice China

Digitate Data Privacy Notice

You have reached the Digitate privacy addendum for China mainland. To go back to the general Digitate privacy notice, please click here.

1. FOR RESIDENTS OR DATA SUBJECTS IN MAINLAND OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC” or “CHINA”)

When we collect, store, use, process, transfer, provide, disclose and delete (for purpose of addendum of China, collectively referred to as the “Process”,  “Processing” or “Processed”) your personal information, we shall be subject to the relevant legal basis and principles under the PRC Personal Information Protection Law (“PIPL”) and other relevant laws. Below you will find the additional specific provisions applicable to you as a resident or data subject within China.

CROSS-BORDER TRANSFER OF PERSONAL INFORMATION

Where it is necessary for us to provide your personal information to a recipient outside the territory of China due to any business need or any other need, we will inform you of the name and contact information of the overseas recipient, the purpose and method of the Processing, and the type of personal information involved, as well as the way for you to exercise your rights provided for by the PIPL against the overseas recipient.

We will take necessary measures to ensure that the activities of Processing of your personal information carried out by overseas recipients meet the standards of personal information protection provided under the PIPL.

We will not provide any of your personal information stored within the territory of China to a foreign judicial or law enforcement body, unless approved by the relevant PRC authorities.

CONSENT

The legitimate interest under the General Data Protection Regulation may not be applicable in China. We will obtain your consent for Processing of your personal information as required by the PIPL and other relevant laws.

In the event of any change of the purpose or method of Processing or the type of personal information we Process, we will re-obtain your consent.

We will secure your separate consent in the following data Processing activities:

  • Processing of sensitive personal information;
  • Use of personal information in automated decision-making;
  • Provision of personal information to another personal information processor
  • Disclosure of the personal information we Processed; or
  • Provision of personal information to an overseas recipient.

PERSONAL INFORMATION PROTECTION IMPACT ASSESSMENT

Prior to conducting any of the following activities, we will conduct a personal information protection impact assessment and keep a record of Processing. The personal information protection impact assessment reports and records of Processing will be retained for at least 3 years:

  • Processing of sensitive personal information;
  • Use of personal information in automated decision-making;
  • Contracting of the Processing of personal information to another party, provision of personal information to another personal information processor, or disclosure of the personal information;
  • Provision of personal information to an overseas recipient; or
  • Any other activity of Processing of your personal information that will have a material impact on personal rights and interests.

YOUR RIGHTS

Changes to your personal information

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Your rights in connection with personal information

Under certain circumstances, by law you have the following rights:

  • Right to know and make decisions. You have the right to be informed and to decide on the Processing of your personal information, as well as the right to restrict or deny other person from the Processing of your personal information, unless otherwise provided by the relevant laws and regulations of PRC.
  • Right to access and make copies. You have the right to access or make copies of your personal information from us, unless otherwise provided by the relevant laws and regulations of PRC.
  • Right to transfer. We will provide a way for transfer where you request to transfer your personal information to another personal information processor you designate, provided that the conditions prescribed by the PRC national cybersecurity authority are met.
  • Right to correct and complete. Where you discover that your personal information is incorrect or incomplete, you have the right to request us to correct or complete your personal information.
  • Right to delete. We will delete your personal information under the circumstances required by the PIPL. In case we fail to do so, you have the right to request the deletion in such circumstances as described by the law.</br/>
    However, where the retention period prescribed by the relevant laws and regulations of PRC has not expired, or it is technically difficult to delete the personal information, we will cease the Processing of the personal information, except for the storage and any necessary measure taken for security protection.
  • Right to request explanation. You have the right to require us to explain our rules of Processing of personal information.
  • Right to withdraw. You have the right to withdraw your consent to the Processing of your personal information carried out based on your consent. We will provide an easy way to withdraw consent. Your withdrawal of consent shall not affect the validity of any activity of Processing of your personal information already carried out before the withdrawal based on your consent.

We establish an accessible mechanism for receiving your requests above to exercise your rights. We will provide an explanation of reasons where any of your request to exercise your rights is not practical.

PRIVACY STATEMENT ENQUIRES AND COMPLAINTS

We have appointed Data Protection Officers (DPOs) in China to oversee compliance of TCS/Digitate with PIPL and other applicable data protection laws, the privacy notice and this addendum. If you want to exercise one of the above rights in connection to your personal information or if you have any queries or complaints about our privacy notice or how we handle your personal information, please contact us at dpo.china@tcs.com