Privacy Statement, Cookie Policy and Terms and Conditions

Updated as of 1 Sept 2023

Lazybird

 

A. PRIVACY STATEMENT

We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices, please contact info@lazybird.com. This privacy notice describes how we might use your information if you:

  • Visit our website at http://www.lazybird.com
  • Engage with us in other related way.

Lazybird with registered office at 9C, Ho Lee Commercial Building, 38 D’Aguilar Street, Central, Hong Kong, owns and operates the online jobs platform http://www.lazybird.com (the “Website”). Lazybird and http://www.lazybird.com herein connectively known as “We”, “Us” or “Our”.

We are an online platform aggregator of hospitality related job listings and contents. We collect and use your personal data base on our legitimate business model relating to online recruitment. For the undertaking of our business, We collect the personal data of Our User(s) (“Candidate”, “Job Seeker”, “Talent”, “Client”, “Customer”, “Employer” or “Recruiter”). Where you register as a Website User, the personal information submitted by the User to Us through the Website is govern by Our Privacy Statement.

The Website’s Privacy Statement and terms & conditions set out the basis in which We use and manage your data. We will never sell or share personal data except as described in this Privacy Statement. Please read the following carefully to ensure you fully understand Our Privacy Statement.

Data Security

We have implemented appropriate technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Transmission of personal information to and from our website is at your own risk. You should only access the Website within a secure environment.

We process personal information in a way that is compatible with, and relevant to Our business purpose for which your personal data was collected. We take reasonable efforts to ensure that all personal data is dependable for its intended use and is kept accurate, secure from loss, alteration, misuse, and unauthorised access. Access to User personal data is limited to those with legitimate need and authorised by Us. All Our staff and authorised service contractors with access to User data are subject to confidentiality.

To prevent unauthorized access to data, we utilise encryption, User identity verification technology, encrypt transmission, and have electronic, physical, and administrative procedures to safeguard data. User should be aware We cannot guarantee there will be no unauthorised access to User personal data and therefore in such case We are not responsible for any unauthorized use of User personal data by third parties.

Information We Collect

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our Website registered Employers, products and Services, when you participate in activities such as by searching, inquiring and applying posted jobs to Employers, posting messages in our online inquiry forms, MailBox or entering or otherwise when you contact us.

 

The personal information that we collect depends on the context of your interactions with us and the website and the choices you make and the products and features you use.

We may collect and process the following types of information provided by User:

  • Information needed to set-up a User account
  • Information from User’s Profile Setting that allows User to apply, save or share jobs posts, such information may include all media files such as photograph and video
  • Information relating to User job application status required by Employer to track progress
  • Information from other platforms (example LinkedIn) or media that User provide to Us through links.
  • Information from a third party authorised by User to share your personal information such as referees.
  • Information from Single Sign-on such as Facebook Connect.
  • Information from social media and Web-apps such as “Share” and “Like”. The use of these features which may be hosted by a third party and are governed by their own privacy policy.
  • Information from Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number and the security code associated with your payment instrument.
  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system, and system configuration information.
  • Location Data. We collect location data such as information about your device's location. How much information we collect depends on the type and settings of the device you use to access the website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

How We Use Your Data

We use personal information collected via our website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract or service with you, with your consent, and/or for compliance with our legal obligations.

We use the information we collect or receive:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  • To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@lazybird.com and be sure to include your name, testimonial location, and contact information.
  • Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • Fulfil and manage your orders. We may use your information to fulfil and manage your orders such as job searches, inquiries and applications with Employer Users, payments, returns, and exchanges made through the Website.
  • To respond to User inquiries/offer support to Users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time.
  • Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
  • For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, job postings, and to evaluate and improve our Website products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.

When you apply for a job on the Website or set your Personal Profile setting as “Open to Opportunities” your application and other relevant information may be shared or open to relevant Employer(s) who may retain your personal data and may also collect data from Us in respect of your application or in accordance with your personal privacy setting allows for. Any use by the Employer of your data will be in accordance with the Employer’s adherence to Our Privacy Policy. We and the Employers may also use your personal data for:

  • any services that you subscribe to from the Website such as job alerts and recommendations
  • communication purposes in respect of the recruitment process
  • administration of Website including but not limited to troubleshooting, analysis, testing, security, and enhancements
  • the measurement of advertising performance, and to deliver relevant advertising or content of interest to you, if you have given specific consent for this

You may re-set your consent level at any time by changing your Website’s personal setting.

AI Profiling & Aggregate Information

We may use AI technology for matching your profile preference to jobs or Employers and partially automate the matching process, but Candidate selection rest with the Employer. Technical data based on your personal data are aggregated and may include but not limited to User’s general usage of the Website and services, such as tracking your usage, frequency of visits, type of jobs browsed and applied, Internet protocol address, your login information, browser type and version, URL, Website clickstream, traffic data, location data, and other communication and correspondence.

Share Job Postings with Non-Registered Users

User may share job postings to non-registered Website users. We do not use, nor process such third-party information.

Disclosure of Your Information

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations.

We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyse and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

Who will your information be shared with?

We only share and disclose your information with the following categories of third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact.

  • Website registered Employer Users including branch users to which you make inquiries to and apply posted jobs
  • Cloud Computing Services
  • Communication & Collaboration Tools
  • Data Analytics Services
  • Data Storage Service Providers
  • Payment Processors
  • Performance Monitoring Tools
  • Testing Tools
  • User Account Registration & Authentication Services
  • Website Hosting Service Providers
  • Ad Networks
  • Affiliate Marketing Programs
  • Government Entities

Storage of Personal Data

The personal data that We collect from Users and the website process may be stored on our own servers or transferred to authorised service providers and stored on such provider’s servers at destination outside Hong Kong, SAR. All authorised service providers are subject to Our Data Processor Agreement, designed to help safeguard your privacy rights and any misuse of your personal data. By submitting your personal data, you agree to this transfer, storing or processing.

How Long We Keep Your Personal Data

We hold and store all personal data if User remain a registered user of the Website. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose, with the exception of 30 days administrative period, in this notice will require us keeping your personal information for longer than the period of time in which users have an account and service subscription with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your personal information can be updated and deleted by User written request to Us.

Tracking Technologies

The Website and Our official contractors use tracking technologies such as cookies, beacons, tags, scripts, and Local Storage Objects for the purpose of aggregated analysis of Users’ Website usage behaviour, trends, and demographics. User’s online browsing activities and interests may be tracked to determine User’s preferences and interests. Users have option to reject cookies.

Your Rights

Under The Personal Data (Privacy) Ordinance of Hong Kong, Users have the following rights to:

Request to review your personal data and other personal information held.

Request correction of any of your personal data held by Us.

Request to delete any of your personal data

Change your privacy setting and or consent level to specific personal data processing such as omit your participation in any direct marketing.

Users should note, to exercise your Rights for personal data held by the Website’s Employers, you need to contact such Employers directly. The Website may contain links to websites of our partners, advertisers, and affiliates. These external websites have their own privacy policies and We do not accept any responsibility or liability for these policies.

Changes to our privacy notice 

Any changes we make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail.

How Can you contact us about this Notice?

If you have questions or comments about this notice, you may email us at info@lazybird.com or by post to:

Lazybird Limited

9C, Ho Lee Commercial Building

38 D' Aguilar Street

Central, Hong Kong

B. COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website.

What types of cookies do we use?

Necessary cookies

Necessary cookies allow us to offer you the best possible experience when accessing and navigating through our website and using its features. For example, these cookies let us recognize that you have created an account and have logged into that account.

Functionality cookies

Functionality cookies let us operate the site in accordance with the choices you make. For example, we will recognize your username and remember how you customized the site during future visits.

Analytical cookies

These cookies enable us and third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

C. TERMS AND CONDITIONS OF WEBSITE USE

Introduction

Lazybird.com Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions. User of this Website is defined as Job Seekers (aka Candidate or Talent) and Recruiter (aka Employer), whether they have registered to the Website or not are hereby collectively known as the “User(s)”. The Operator or Owner of the Lazybird.com Website is Lazybird, which is 100 percent owned by HotelsHR Limited, Lazybird and HotelsHR are collectively known as the “Operator” hereafter.

Intellectual Property Rights

Other than content User own, which User may have opted to include on this Website, under these Terms, the Operator own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. User are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Restrictions

Users are expressly and emphatically restricted from all the following:

  • publishing any Website material in any media
  • selling, sublicensing and/or otherwise commercialising any Website material
  • publicly performing and/or showing any Website material
  • using this Website in any way that is, or may be, damaging to this Website
  • using this Website in any way that impacts other user access to this Website
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website
  • using this Website to engage in any unauthorised advertising or marketing by the owners/operators of the Website

Certain areas of this Website are restricted from access by User and the Operator may further restrict access by User to any areas of this Website, at any time, in its sole and absolute discretion. Any User ID and password User for this Website are confidential and User must maintain confidentiality of such information.

User Content

“User Content” shall mean any audio, video, text, images or other material inclusive CVs you choose to display or upload on this Website. User Content includes any materials submitted, provided, or uploaded on the Website including, resumes, personal data, job posts, articles, descriptions, comments, posts, feedbacks. With respect to User Content, by displaying it or uploading it, and subject to Personal Data Ordinance you grant a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it to any potential registered Recruiter User on this Website.

User Content must be your own and must not be infringing on any third party’s rights; contain inaccurate information; be illegal, decent, and non-discriminatory; you are solely responsible for the all the contents and materials you submitted to the Website. Apart from the use of the Website’s Subscription Service or within the parameters of the Website’s free service, no User content shall solicit goods and services without Operators direct consent. The Operator reserves the right to edit or remove any such content or any User Content at any time, and for any reason, without notice, the Operator will not be responsible for any loss or damage as a result thereof.

Users shall only respond to employment opportunity and apply for the job advertised on the Website. Any personal data submitted in User Content to the Website may be shared and stored by the Operator and any Recruiter Member (Employer) of the Website in accordance with this Website’s Privacy Policy. The Operator will not be responsible and or liable whatsoever for User’s personal data in any case relating to the Website’s recruiter member (Employer) use of, process of, and storage of the said Personal data other than for recruitment purposes. Users can set their own privacy level to determine accessibility to their Content by website Recruiter Members. Personal data provided by the User will be used strictly in accordance with the Operator Privacy Policy Statement which you can view at Policy Statement.

The Operator does not warrant or guarantee that other parties without the Operator's consent will not, gain access to any of the Website databases. Job Seeker (Candidate) User acknowledges that the Employers, and other parties who have otherwise gained access to the Website database, may have retained a copy of the Candidate User’s resume or personal data in their own files or database. The Operator is not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any such parties while the resumes are in the Website database.

User may share the Website Job information to other third parties who may in the User’s opinion may find such information of interest for seeking employment in accordance with the Terms of Website usage.

All Users have the right, subject to identity and or password confirmation, to access and amend their data and privacy setting of their Personal Data kept by the Operator in accordance with the Privacy Ordinance.

Upon payment of any service or Subscription fee to the Operator, Employer will be entitled to use the Website in accordance with the Subscribed Service Terms.

Employer are entitled to access the Job Seekers' (Candidate or Talent) database maintained by the Operator but agree that all information will only be used for the purpose of seeking potential employees and such information shall not be disclosed to any other parties without the prior consent of the Job Seeker concerned.

No Warranties

This Website is provided “as is,” with all faults, and the Operator makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you, any such content should be construed as reference material only.

Limitation of Liability

In no event shall the Operator, nor any of its officers, directors and employees, nor parent company be liable to User for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and the Operator, including its officers, directors, employees and parent company shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

User hereby indemnify to the fullest extent the Operator from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

The Operator is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment

The Operator shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between the Operator and User in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Hong Kong SAR, and you submit to the non-exclusive jurisdiction of the HKSAR’s government courts for the resolution of any disputes.