Frontline Personnel Safety Performance Recording Scheme Application Form

Application Form for Scheme Participation
Organisation Information
Name of Organisation (English):*
Name of Organisation (Chinese):*
CIC Contractor No. in “Construction Workers Registration System”（9-digit code）:
Organisation Representative
Title:*
頭銜：*
头衔：*
Representative Name:*

(Surname)(Given Name)
Email Address:*
[email protected]
Contact Number:*
Please enter a valid contact number.Format: +852 0000 0000.
Projects
How many projects would you like to add into the scheme?*
Project #1
Project Information
Name of Developer or Project Owner (Chinese):*
Name of Developer or Project Owner (English):*
Project Name (Chinese):*
Project Name (English):*
Contract Number:*
Project's CIC Reference No. in “Construction Workers Registration System” （9-digits code）:
Project-In-Charge Account

(At least two Project-In-Charge shall be appointed for each Project)
Title of Project-In-Charge (1):*
項目負責人（1）- 頭銜：*
项目负责人（1）- 头衔：*
Name of Project-In-Charge (1):*
Email Address of Project-In-Charge (1):*
[email protected]
Title of Project-In-Charge (2):*
項目負責人（2）- 頭銜：*
项目负责人（2）- 头衔：*
Name of Project-In-Charge (2):*
Email Address of Project-In-Charge (2):*
[email protected]
The Email Address of Project-In-Charge (2) could not be same as The Email Address of Project-In-Charge (1).
Project #2
Project Information
Name of Developer or Project Owner (Chinese):*
Name of Developer or Project Owner (English):*
Project Name (Chinese):*
Project Name (English):*
Contract Number:*
Project's CIC Reference No. in “Construction Workers Registration System” （9-digits code）:
Project-In-Charge Account

(At least two Project-In-Charge shall be appointed for each Project)
Title of Project-In-Charge (1):*
項目負責人（1）- 頭銜：*
项目负责人（1）- 头衔：*
Name of Project-In-Charge (1):*
Email Address of Project-In-Charge (1):*
[email protected]
Title of Project-In-Charge (2):*
項目負責人（2）- 頭銜：*
项目负责人（2）- 头衔：*
Name of Project-In-Charge (2):*
Email Address of Project-In-Charge (2):*
[email protected]
The Email Address of Project-In-Charge (2) could not be same as The Email Address of Project-In-Charge (1).
Project #3
Project Information
Name of Developer or Project Owner (Chinese):*
Name of Developer or Project Owner (English):*
Project Name (Chinese):*
Project Name (English):*
Contract Number:*
Project's CIC Reference No. in “Construction Workers Registration System” （9-digits code）:
Project-In-Charge Account

(At least two Project-In-Charge shall be appointed for each Project)
Title of Project-In-Charge (1):*
項目負責人（1）- 頭銜：*
项目负责人（1）- 头衔：*
Name of Project-In-Charge (1):*
Email Address of Project-In-Charge (1):*
[email protected]
Title of Project-In-Charge (2):*
項目負責人（2）- 頭銜：*
项目负责人（2）- 头衔：*
Name of Project-In-Charge (2):*
Email Address of Project-In-Charge (2):*
[email protected]
The Email Address of Project-In-Charge (2) could not be same as The Email Address of Project-In-Charge (1).
Project #4
Project Information
Name of Developer or Project Owner (Chinese):*
Name of Developer or Project Owner (English):*
Project Name (Chinese):*
Project Name (English):*
Contract Number:*
Project's CIC Reference No. in “Construction Workers Registration System” （9-digits code）:
Project-In-Charge Account

(At least two Project-In-Charge shall be appointed for each Project)
Title of Project-In-Charge (1):*
項目負責人（1）- 頭銜：*
项目负责人（1）- 头衔：*
Name of Project-In-Charge (1):*
Email Address of Project-In-Charge (1):*
[email protected]
Title of Project-In-Charge (2):*
項目負責人（2）- 頭銜：*
项目负责人（2）- 头衔：*
Name of Project-In-Charge (2):*
Email Address of Project-In-Charge (2):*
[email protected]
The Email Address of Project-In-Charge (2) could not be same as The Email Address of Project-In-Charge (1).
Project #5
Project Information
Name of Developer or Project Owner (Chinese):*
Name of Developer or Project Owner (English):*
Project Name (Chinese):*
Project Name (English):*
Contract Number:*
Project's CIC Reference No. in “Construction Workers Registration System” （9-digits code）:
Project-In-Charge Account

(At least two Project-In-Charge shall be appointed for each Project)
Title of Project-In-Charge (1):*
項目負責人（1）- 頭銜：*
项目负责人（1）- 头衔：*
Name of Project-In-Charge (1):*
Email Address of Project-In-Charge (1):*
[email protected]
Title of Project-In-Charge (2):*
項目負責人（2）- 頭銜：*
项目负责人（2）- 头衔：*
Name of Project-In-Charge (2):*
Email Address of Project-In-Charge (2):*
[email protected]
The Email Address of Project-In-Charge (2) could not be same as The Email Address of Project-In-Charge (1).

Frontline Personnel Safety Performance Recording Scheme

Contractors’ Undertaking

Last updated: 26 March 2026

The Frontline Personnel Safety Performance Recording Scheme (“Scheme”) is an industry-wide scheme developed by the Construction Industry Council (“CIC”) that enables participating contractors involved in the participating construction sites (“Contractor(s)”) to record the safety performance of the following persons who participate in the Scheme: (1) frontline workers and/or other frontline staff relevant to making a construction site a safe working environment (“Workers”) and (2) staff of Contractors who are responsible for rating the safety performance of Workers (“Rating Staff”). The construction site(s) to which the Scheme is applicable will be referred to as “Site(s)”. Some Rating Staff, but not all, may be rated under the Scheme. Those Rating Staff who will be rated under the Scheme will be referred to as “Applicable Rating Staff”. Those Rating Staff who will rate the Workers and/or Applicable Rating Staff but will not be rated under the Scheme will be collectively referred to as “Non-rated Rating Staff”. To administer and facilitate the implementation of the Scheme, CIC will provide, maintain, operate and make available an online platform to be used by Contractors (via its Rating Staff, including its project in charge / designated senior Rating Staff (collectively, “DSRS”)) to help monitor, record and keep track of the safety performance of Workers and/or Applicable Rating Staff at Sites in Hong Kong (“Online Platform”). The Online Platform can be accessed via CIC’s designated website(s) and/or mobile application(s). Upon Contractors’ request and CIC’s approval of the same, CIC will also provide an application programming interface (“API”) to enable the transfer of certain safety performance records of the Workers and/or Applicable Rating Staff from the Contractors’ own recording systems (“Contractor(s)’ System(s)”) to the Online Platform.

For any enquiries relating to the Scheme and/or Online Platform, please contact CIC by email at [email protected], call CIC’s customer service hotline at +852 2100 9000 during the opening hours stated on the “Contact Us” page or write to CIC at Administrator – Frontline Personnel Safety Performance Recording Scheme at Construction Industry Council, 38/F COS Centre, 56 Tsun Yip Street, Kwun Tong, Kowloon.
* * *
This undertaking is available in both English and Chinese languages. In the event of any discrepancy or inconsistency between the two language versions, the English version shall prevail.


A.	We, as a Contractor, confirm that we have read and fully understood, and we agree to comply with all the undertakings set out hereinbelow (“Undertakings”). We acknowledge that CIC’s non-exercise or non-enforcement of any right or term hereinbelow will not constitute a waiver of such right or provision, and any such waiver would only be effective if it is in writing and signed by CIC.

B.	We undertake to, and agree to procure our employees and designated personnel at a Site (including without limitation our sub-contractors (regardless of their tier) and their employees or designated personnel at a Site) to undertake to comply with all applicable laws, statutes, ordinances, regulations, terms, policies and conditions regarding our and their participation in the Scheme and any use of the Online Platform (and API if applicable).

C.	We acknowledge that the participation in the Scheme and/or compliance with the requirements under the Scheme (including but not limited to the Standards (defined below) and the content of training courses organised by CIC and/or provided on the Online Platform (and/or via the API) by us, our employees and/or designated personnel (including without limitation our sub-contractors (regardless of their tier) and/or their employees and/or designated personnel) do not of themselves confer immunity, absolve any liability and/or legal obligations under the laws of Hong Kong, or constitute defence to any breach of such obligations. We also acknowledge that the requirements under the Standards (defined below), instructions, guides, guidance, operation manuals and/or other materials given or issued by CIC from time to time in relation to the Scheme and training courses organised by CIC (collectively, “Scheme’s Materials”) are by no means exhaustive of the legal requirements and/or obligations that we and/or the aforementioned persons need to comply with under the laws of Hong Kong, including without limitation those in respect of construction workers and safety of construction sites. We undertake to, and agree to procure the aforementioned persons to, observe and comply with all applicable laws, statutes, ordinances, regulations, codes of practice, policies and any other legal requirements so as to discharge our and their legal and other pertinent duties.

D.	In consideration of CIC’s acceptance of our application to participate in the Scheme and to access and use the Online Platform (and/or API ), we confirm our agreement to the Undertakings. We also acknowledge that CIC reserves the right to update or modify the Scheme and/or Online Platform (and/or API) and the terms of these Undertakings, and upon notification to us of such updates or modification, that our continued registration and participation in the Scheme and use of the Online Platform (and/or API if applicable) after any such changes constitute our acceptance to the same.

1.	Eligibility


1.1.	To join the Scheme and use and/or access the Online Platform (and API if applicable) (whether as a main contractor or sub-contractor), we undertake that we, at the time of registration in the Scheme:-

	(a)	have control over, are responsible for, or is otherwise engaged in at least one (1) Site in Hong Kong;

	(b)	are engaged as a main or principal contractor or any tier of contractors for works (including but not limited to foundation works, building works or civil engineering works) in relation to a Site in Hong Kong; and

	(c)	hold a valid business registration certificate issued in accordance with the Business Registration Ordinance (Cap. 310).

2.	Registration in the Scheme and on the Online Platform


2.1.	Where we are a main or principal contractor of a Site (“Main Contractor”), we acknowledge that:-

	(a)	We will be assigned a centralised account on the Online Platform (“Main Contractor Account”), and we undertake to follow the instructions, guides and/or other materials given or issued by CIC from time to time on the use, management and/or operation of the Main Contractor Account and the Online Platform as it relates to our Site(s), including without limitation: to view the list of our projects registered in the Scheme, names and contact information of the DSRS and Rating Staff, and the accumulated past safety performance information of current and/or prospective Workers and/or Applicable Rating Staff in the form of a colour light reflection mechanism, relevant indicators and brief descriptions of demerit records, and descriptions of merit records (if any), as set out in Sections 4.4, 4.5, 4.7 and 4.8 below (“Mechanism”);

	(b)	We shall designate at least two (2) DSRS per Site, whose account will be opened by CIC on our behalf;

	(c)	We undertake to ensure and procure all DSRS at the Site to follow the instructions, guides and/or other materials given or issued by CIC from time to time on the use, management and/or operation of his/her own account and the Online Platform (and API if applicable) as it relates to the relevant Site(s) to which he/she is designated, including without limitation setting up separate user accounts for designated personnel involved with the Site and authorised to access the Online Platform (“Administrative Account”).

	(d)	We undertake to ensure and procure the DSRS to exercise his/her functions in connection with the implementation of the Scheme at our Site and/or the use, management and/or operation of the Online Platform (and API if applicable) as it relates to the Site in accordance with these Undertakings, as well as any terms and conditions (such as Terms & Conditions (For Workers and Applicable Rating Staff) and Terms & Conditions (For Rating Staff giving ratings under the Scheme), collectively, “T&Cs”) and Personal Information Collection Statement(s) for the Scheme and/or Online Platform (“PICS”), that are made available through the Online Platform;

	(e)	We undertake to procure all persons at a Site (including all our employees and designated personnel, sub-contractors (regardless of their tier) and their employees and designated personnel, including but not limited to Workers and Rating Staff) to follow the instructions, guides and/or other materials given or issued by CIC from time to time on the use, management and/or operation of his/her own account under the Scheme and the Online Platform (and API if applicable);

	(f)	We undertake to procure all sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers and Rating Staff) to comply with the terms of these Undertakings, applicable T&Cs and PICS.

2.2.

Where we are a Contractor other than a Main Contractor, we undertake to follow the instructions, guides and/or other materials given or issued by CIC and/or the Main Contractor from time to time on how to manage and/or operate the Administrative Account set up on our behalf. We also undertake to procure all of our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers and Rating Staff) to comply with the terms of these Undertakings, applicable T&Cs and PICS.

2.3.

We acknowledge that information and data obtained via the Scheme and/or Online Platform in relation to one Site cannot be used for any other purposes unrelated to that particular Site and/or the Scheme, and/or in connection with any other Sites (whether or not controlled by the same Main Contractor and/or worked on by the same or other Contractors), except that: (i) Workers and Applicable Rating Staff may show at real time and/or take and present screenshots of their own personal data and rating records on the Online Platform to their prospective employing Contractors for purposes of seeking jobs at Sites; and (ii) where specific consent has been obtained from a Worker and/or Applicable Rating Staff, we and/or CIC may view and/or access from the Online Platform, and/or disclose to Contractors of the same Site and/or other Contractors from other Sites, certain accumulated past safety performance information of such Worker and/or Applicable Rating Staff as it relates to the same Site or another Site via the Mechanism for the limited purpose of assessing such Worker’s and/or Applicable Rating Staff’s suitability for employment and/or overall safety awareness.

2.4.

We acknowledge that the functions on the Online Platform as it relates to a Site will be carried out through the Administrative Accounts, where the number of accounts will be determined by CIC from time to time. Those designated persons who are identified, nominated and/or selected to hold Administrative Accounts will be referred to as “Administrative Account Users”. The Administrative Account Users shall include different stakeholders in each registered construction site, including but not limited to: Contractors’ representatives (e.g. DSRS of each Site), and representatives from sub-contractors (regardless of their tier).

2.5.	.We acknowledge that all Workers, Rating Staff (including Applicable Rating Staff and Non-rated Rating Staff) and Administrative Account Users shall create their respective accounts on the Online Platform in accordance with the PICS and the T&Cs.

2.6.	We acknowledge that CIC fully reserves the right to approve, reject or suspend any registration of Main Contractor Accounts, Administrative Accounts and/or any other accounts registered on the Online Platform in CIC’s sole and absolute discretion.

2A.

Use of API for Data Transfer


2A.1	We agree that the terms and undertakings in this Section 2A apply to us additionally if CIC authorizes us to use the API to enable the transfer of personal data and safety performance records from our Contractor’s System to the Online Platform.

2A.2

We acknowledge that we will receive access credential(s) from CIC (“Credentials”) for creating a user account (“API Account”) for our Contractor’s System to send and transfer designated categories of personal data (including without limitation rating records) of (i) our Workers and/or Applicable Rating Staff, as well as (ii) Rating Staff recording the aforesaid persons’ safety performance, to the Online Platform via the API (“API Purposes”). We undertake to only use the Credentials and API Account for the API Purposes, and to keep them strictly confidential in accordance with Section 2A.4 below. We shall not enable any third party access to any Credentials without CIC’s prior written consent.

2A.3

We acknowledge that the Credentials, API Account details, API and its underlying or related technology, computer programs, source and object code, database, knowhow, trade secrets, user feedbacks, as well as any and all information and/or materials which is designated or by its nature should be considered as secret, proprietary, commercially sensitive or confidential, are “Confidential Information” provided that they are not generally publicly available (other than by breach of confidentiality obligations), or were developed by us independently of the information and/or materials from CIC, as demonstrated by contemporaneous documented evidence.

2A.4

We undertake to (i) safeguard all Confidential Information at all times by implementing appropriate and sufficient contractual and/or non-contractual security controls, (ii) not use, copy, divulge, disclose and/or transfer to third parties any Confidential Information without CIC’s prior written consent; and (iii) keep any and all Confidential Information separate from all our other systems, documents and information.

2A.5

Notwithstanding Section 2A.4, we may disclose the Confidential Information on a need-to-know basis to our Personnel for the API Purposes provided that (i) the Personnel is informed of their confidentiality and is bound by contractual controls to ensure their compliance with confidentiality obligations that are no less stringent than those required of us under these Undertakings, or (ii) to the extent as required by law, court or administrative order having jurisdiction and/or authority over us, provided that we shall, to the extent legally permissible, promptly provide written and sufficient advance notice of the required disclosure to CIC, and to enable and assist CIC to seek a protective order or appropriate remedy (including redaction) to restrict or prevent the disclosure.

2A.6	We undertake to, at our own costs, fully comply with any instructions, directions and/or other requests given or issued by CIC from time to time on the use, integration, update and/or operation of the API, and to do all things and provide full cooperation and assistance to CIC in relation thereto. This includes without limitation to, within the time period specified by CIC (if any):-

	(a)	participate in any and all simulation testing of CIC’s mock application programming interface (“Mock API”) and cooperate in any system and technical testing relating to the use of API;

	(b)	modify and/or update our Contractor’s System to enable stable and accurate transfer of data from our Contractor’s System to the Online Platform;

	(c)	ensure accurate, smooth and adequate but not excessive data transfer to the Online Platform; and

	(d)	assist CIC to fully comply with the terms, conditions and/or requirements from the third-party technical service provider of the API from time to time.

2A.7

Without limiting or restricting other terms herein, we acknowledge and agree that (i) the API and any and all data, features, services, content and/or materials contained therein or relating thereto (“Related Materials”) are provided to us “as is” and “as available” without warranty or condition of any kind, either expressed, implied, statutory or otherwise, and (ii) the terms relating to disclaimers, limitation of liability and indemnity in these Undertakings equally apply in relation to the API and Related Materials.

2A.8	We undertake to properly notify all our Workers and Rating Staff of all terms in these Undertakings and obtain each of their express consent for our disclosure and/or transfer of their personal data (including without limitation their rating records) from our Contractor’s System to the Online Platform and/or CIC before such disclosure and/or transfer.

2A.9

We undertake to ensure that (i) our personal information collection statement, privacy policy and/or any privacy or internal policy documents relevant to the Workers and Rating Staff (“Privacy Documents”) has included the purposes of use of the Workers and Rating Staff’s personal data under these Undertakings and/or in connection with the Scheme (including the API Purposes) and that CIC is our data transferee, and (ii) we have obtained each of such Workers and Rating Staff’s express consent to the said documents. We also undertake to provide a copy of the Privacy Documents for CIC’s inspection upon request by CIC in writing.

2A.10	Without limiting or restricting any provisions herein, we undertake to ensure that all data transferred from our Contractor’s System to the Online Platform and/or CIC are, at all times:-

	(a)	collected, used (including disclosed and/or transferred), handled, processed, held, stored, and retained in accordance with all applicable laws, regulations, codes of practice and guidelines, including without limitation those relating to personal data protection;

	(b)	adequate but not excessive for the purposes of the Scheme and/or Online Platform as specified in the T&Cs, PICS and these Undertakings; and

	(c)	accurate (i.e. correct, not misleading, complete and not obsolete).

2A.11	We undertake that if we know or have reasonable grounds for believing any personal data (including without limitation rating records) transferred or may be transferred from our Contractor’s System to the Online Platform is inaccurate (i.e. incorrect, misleading, incomplete or obsolete), we shall immediately:-

	(a)	inform CIC in writing that the data is inaccurate with all particulars of such occurrence and remedial steps that we will take;

	(b)	ensure the relevant data is not used unless and until it ceases to be inaccurate (including without limitation by rectification or erasure of the data by us); and

	(c)	assist CIC to rectify and/or erase the data on the Online Platform.

2A.12

We acknowledge and agree that CIC shall not be responsible, and disclaims all liability, for any disputes, claims, loss or damage arising from or in connection with (i) our provision or transfer of any personal data from our Contractor’s System to the Online Platform and/or CIC, and/or (ii) our collection, use (including disclosure and/or transfer), handling, processing, storing and retention of the data for purposes outside of the Scheme, including without limitation any data collected and/or processed by us for our own purposes and/or any staff ratings collected by ourselves on our Contractor’s System. For matters under Section 2A.12 (ii), we acknowledge and agree that we are solely responsible for ensuring compliance with all applicable laws (including without limitation those relating to personal data protection and retention) and our internal privacy policies and practices.

2A.13

Where we terminate our participation in the Scheme at all Sites, we undertake to, at our own costs, immediately (i) cease using the API and disable all functionalities relating to data transfer from our Contractor’s System to the Online Platform and assist CIC to do the same, and (ii) return to CIC or permanently delete (as elected by CIC) all API, Mock API and Related Materials. If for any reason it is technically not feasible for us to permanently delete any of the aforesaid, we undertake to permanently refrain from using and retrieving them, and continue keeping them in strict confidence in accordance with Section 2A.4 at all times notwithstanding termination of these Undertakings.

3.	Our Participation in the Scheme and Use of the Online Platform


3.1.	We agree and undertake to use the Online Platform (and API if applicable) for the sole purpose of our participation in the Scheme, such as authorising our designated personnel and/or Administrative Account Users to monitor, record and/or keep track of safety performances of Workers and/or Applicable Rating Staff at Sites principally under our control and/or that we otherwise participate in, and/or to use information of a Worker and/or Applicable Rating Staff from the Mechanism to assess his/her suitability for employment and/or overall safety awareness (if specific consent has been obtained from such Worker and/or Applicable Rating Staff).

3.2.	As a condition of our use of the Online Platform (and API if applicable) and any part thereof, we undertake that we, and will procure all of our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) that they, will not:-

	(a)	use the Online Platform (and/or API), or any information, content and/or materials contained in or relating to the Scheme and/or Online Platform (and/or API) for or in connection with purposes that are, or in any manner which is, unlawful or illegal (including, but not limited to, infringing any of CIC’s or any third party’s privacy, intellectual property rights and/or other rights), or which may adversely affect CIC’s reputation;

	(b)	copy, extract, download, or otherwise exploit or use any information, content and/or materials contained in or relating to the Scheme and/or Online Platform (and/or API) with a view to creating or compiling any form of collection or compilation of data, directory or database for use in other Sites and/or for purposes outside the Scheme and/or Online Platform (and/or API Purpose) without obtaining CIC’s prior written consent, except:-


		(i)	that a Worker and/or Applicable Rating staff may take and present screenshots of his/her own personal data and rating records on the Online Platform for purposes of seeking jobs at Sites;

		(ii)	in connection with the Mechanism as set out in Sections 4.4, 4.5, 4.7 and 4.8 below;


	(c)	distribute, supply and/or provide any information, content and/or materials contained in or obtained via the Scheme and/or Online Platform (and/or API) to any persons unrelated to the Site to which such information, content and/or materials relate and/or for any purpose unrelated to the Scheme, except for the purposes under Section 3.2(b)(i) and (ii);

	(d)	use or otherwise misuse the Online Platform (and/or API) by knowingly introducing, transmitting or uploading viruses, trojans, worms, bugs, logic bombs, time bombs, bots, or other code, software or material that is malicious or technologically harmful, destructive or disruptive;

	(e)	attempt to gain unauthorised access to, break into, interfere with, disrupt or trespass the Online Platform (and/or API) (including any accounts registered on the Online Platform or API Account), the server or network on which the Online Platform (and/or API) is stored or connected, or any server, network, computer, database or information in connection with the Online Platform;

	(f)	attack the Online Platform (and/or API) via a denial-of-service attack or a distributed denial-of service attack, or otherwise conduct, facilitate, launch, assist, authorise, use, support, develop or permit any text or data mining or web scraping or any automated access or any similar activities in relation to the Online Platform (and/or API) or any features or services provided via, or in connection with, the Online Platform (and/or API); and/or

	(g)	access and/or use the Online Platform (and/or API) and/or its underlying object and/or source code via any automated means, or in any manner that breaches any of these Undertakings; or otherwise assist, procure and/or induce any person or entity to (i) breach any term of these Undertakings and/or (ii) otherwise circumvent any access restrictions imposed by CIC in relation to the Online Platform (and/or API).

3.3.	In addition:-

	(a)	we undertake that we will, and will procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) to, follow and comply with these Undertakings, the applicable T&Cs relating to the Scheme and/or their use of the Online Platform (and API if applicable), the PICS, as well as any instructions, guides, guidance, operation manuals and/or other materials provided by CIC and/or the Main Contractor from time to time (including but not limited to through the Online Platform) in relation to their registration and participation in the Scheme and use of the Online Platform (and API if applicable);

	(b)	we undertake to, and will procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) to, only use any personal data obtained from the Scheme and/or Online Platform in accordance with and for the limited purposes as set out in the PICS;

	(c)	we undertake not to, and will procure our Rating Staff and Administrative Account Users and our sub-contractors (regardless of their tier) and their Rating Staff and/or Administrative Account Users not to, disclose any personal data or rating records to third parties unrelated to the Site to which such personal data or rating records relates and/or for purpose unrelated to the Scheme, without the consent of the data subject and CIC. For the avoidance of doubt, where a Worker and/or Applicable Rating Staff has provided specific consent for his/her past accumulated safety performance information to be viewed and/or accessed by prospective employing Contractors at other Sites via the Mechanism, such information will be disclosed to the Contractors of other Sites via the Online Platform;

	(d)	we undertake to procure each of our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) to act in good faith and exercise reasonable care and diligence in keeping and maintaining the security of their accounts and passwords, as well as API Account details and Credentials if applicable; and

	(e)	we undertake that we are fully responsible for any and all activity related to the Online Platform (and/or API) accessed or used by our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users).

3.4.

We acknowledge that CIC reserves the rights from time to time, without notice, to monitor, observe, record and/or audit our (and our employees’ and designated personnel’s and our sub-contractors’ (regardless of their tier) and their employees’ and designated personnel’s (including but not limited to Workers’, Rating Staff’s and/or Administrative Account Users’)) access to, activity on and use of the Online Platform (and API if applicable) and in relation to the Scheme to check our (and the aforementioned persons’) compliance with these Undertakings, the PICS and applicable T&Cs, and/or for the purposes of protection and enforcement of CIC’s rights in the event of any contravention of these Undertakings and/or any applicable laws, as the case may be.


3.5.	We acknowledge that CIC shall have the rights to, at any time by giving prior written notice, (i) enter the Sites and/or premises occupied by us and/or our sub-contractors (regardless of their tier), and (ii) inspect, retrieve and/or take copies of any and all documents and/or information in our and/or our sub-contractors’ (regardless of their tier) possession, custody, control and/or power in whatever media relating to the Scheme and/or Online Platform (and/or API) for the purposes set out in Section 3.4 above. We undertake to give, and to procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel to give, full co-operation and assistance in connection with such entry, inspection, retrieval and taking of copies to CIC should CIC exercise its rights under Sections 3.4 and 3.5.

3.6.

We also acknowledge that CIC reserves the right to terminate our (and any of our employees’ and designated personnel’s and our sub-contractors’ (regardless of their tier) and their employees’ and designated personnel’s (including but not limited to Workers’, Rating Staff’s and/or Administrative Account Users’)) participation in the Scheme and use of the Online Platform (and/or API) for breaching or in CIC’s view suspected breach of these Undertakings, including without limitation for violating any of the prohibited uses, or for any other reasons CIC deems appropriate. We fully understand and acknowledge that we (and the aforementioned persons) acquire no rights or licences in or to the Online Platform (and/or API) other than the limited right to utilise the Online Platform (and/or API) in accordance with these Undertakings.

4.	Safety Standards, Points System for Demerit Records, and Merit Records


4.1.	We acknowledge that the safety performance of Workers and/or Applicable Rating Staff shall be assessed based on a set of safety standards developed by CIC ("Standards”) to be adopted by us as Contractors at participating Sites. We agree that corresponding demerit points will be given to Workers and/or Applicable Rating Staff depending on their safety conduct, subject to approval by the DSRS of each Site.

4.2.

We acknowledge that the Standards are subject to review from time to time by CIC in its sole and absolute discretion (including but not limited to, the number of demerit points that may be given, the addition or removal of certain criteria, etc.), but prior written notice to any changes will be given. The latest Standards maintained by CIC can be accessed at [https://safetyrecording.cic.hk/en/works] and via the API (if applicable), and will be the prevailing rating standards adopted by us and the Rating Staff in the participating Sites. We undertake not to hold CIC liable to us or any third party for any such update or modification. We agree to comply with the Standards during participation in the Scheme and to procure our Rating Staff to comply with the Standards. We also agree to keep regularly informed of the applicable Standards.

4.3.

We acknowledge that upon a Worker or Applicable Rating Staff’s accumulation of demerit points to a level that CIC considers there is a need for such Worker or Applicable Rating Staff to attend safety training courses, the Worker or Applicable Rating Staff will be invited to complete safety training courses to be organised by CIC. The completion of such trainings can set-off against the demerit records of Workers or Applicable Rating Staff.

4.4.

We acknowledge that there is a colour light reflection mechanism on the Online Platform to reflect the range of accumulated demerit points obtained by a Worker and/or Applicable Rating Staff at a Site in accordance with the Standards, guides and/or other materials issued by CIC from time to time. Different coloured lights (e.g. green, yellow and red) will represent a scale of accumulated demerit points at the current or any previous Sites which a Worker and/or Applicable Rating Staff is/was employed at. We understand that where a Worker and/or Applicable Rating Staff has attained a red light, but has failed to complete the relevant safety training courses within one (1) calendar month from the date of attaining the red light, an indicator will appear beside the red light (“Safety Training Indicator”) until the relevant safety training(s) has/have been completed and approved by CIC and/or upon a successful appeal against the relevant demerit records, which changes the red light to another coloured light.

4.5.

We acknowledge that where a Worker and/or Applicable Rating Staff has consented to share his/her accumulated past safety performance information with us and/or any prospective employing Contractors at any Sites, we and such other prospective employing Contractors can view and access the Worker’s and/or Applicable Rating Staff’s previous accumulated safety performance ratings on the Online Platform in the form of coloured light and any Safety Training Indicator described in Section 4.4. If the relevant Worker and/or Applicable Rating Staff has attained a yellow or red light, we and such other prospective employing Contractors can also view and access brief description(s) of the nature of the conduct(s) relevant to the demerit points accumulated. In particular, we acknowledge that only a DSRS at a Site will be able to view the aforementioned past safety performance information of the relevant prospective Worker(s) and/or Applicable Rating Staff via the Mechanism, but will not be able to access details of his/her demerit ratings and/or records (including but not limited to the corresponding supporting descriptions, documents and/or photographs (if applicable)).

4.6.

We acknowledge that where a Worker and/or Applicable Rating Staff (i) refuses to consent to the disclosure of the information of his/her accumulated demerit records to us via the Mechanism on or to the Online Platform, or (ii) has attained a red light with a Safety Training Indicator, we may take this into consideration when deciding whether or not to employ a prospective Worker and/or Applicable Rating Staff at a prospective Site, and/or not to allow his/her entry into such Site.

4.7.

We acknowledge that we and our Rating Staff may, on an optional basis, enter merit records of a Worker or Applicable Rating Staff in relation to his/her good safety performance onto the Online Platform (directly or via the API if applicable) in accordance with the criteria, standards and/or procedures set by the Main Contractor at the relevant Site, and subject to the approval by the DSRS. Where we are a Main Contractor, we agree to ensure that such criteria, standards and/or procedures at our Site(s) shall be reasonable based on industry standards and/or practice. For the avoidance of doubt, merit records are for general reference and cannot be used to set-off any demerit points accumulated by the relevant Worker or Applicable Rating Staff.

4.8.	We further acknowledge where a Worker and/or Applicable Rating Staff has consented to share his/her accumulated past safety performance information with us and/or any prospective employing Contractors at any Sites, we and such other prospective employing Contractors can view and access the Worker’s and/or Applicable Rating Staff’s merit records (if any).

5.	Nomination and Training of Rating Staff and/or DSRS


5.1.	To facilitate the implementation of the Scheme and the Online Platform (including with API if applicable), we agree to nominate and/or designate suitable personnel to become a DSRS (if we are a Main Contractor) and/or Rating Staff at a Site, where required or needed.

5.2.	Where we have nominated and/or designated any personnel to become a DSRS and/or Rating Staff, we undertake to:-

	(a)	ensure and procure that the Rating Staff (including DSRS) nominated and/or designated by us duly adheres to the Standards as well as any criteria, standards and/or procedures set by the Main Contractor at the relevant Site with respect to merit ratings, and that they will give and input ratings in a cautious, courteous, prudent, accurate and fair manner in accordance with the same;

	(b)	ensure and procure the Rating Staff (including DSRS) nominated and/or designated by us to duly attend such trainings to be organised by CIC and/or as required by CIC in connection with the Standards, Scheme and/or Online Platform (and API if applicable) from time to time;

	(c)	ensure and procure that the Rating Staff (including DSRS) nominated and/or designated by us will use their best endeavours to avoid disputes with Workers and/or Applicable Rating Staff in connection with their giving of ratings, and that they will promptly inform us in case of any disputes; and

	(d)	ensure and procure that the Rating Staff (including DSRS) nominated and/or designated by us will fully cooperate with the Safety Performance Appeal Panel (“Appeal Panel”) established and centrally organised by CIC in case of any appeals raised by Workers and/or Applicable Rating Staff in connection with rating records on the Online Platform.

5.3.

We further undertake to, upon CIC’s request, replace or provide training to a Rating Staff (including DSRS) if CIC in its absolute discretion considers such Rating Staff to have failed to comply with the requirements listed in Section 5.2 above, procedures set out in Section 6 below and/or any terms and conditions applicable between such Rating Staff and CIC, and/or where CIC is not satisfied with the Rating Staff’s performance.

6.	Procedure for Making a Demerit Rating Record on the Online Platform Against Workers and/or Applicable Rating Staff

We undertake to comply, and to ensure and procure our Rating Staff and/or Administrative Account Users to comply with, the following procedures relating to making of demerit rating records:-


6.1.	*Records concerning Workers*

	(a)	Rating Staff shall assess the safety performance of Workers at a Site based on the Standards.

	(b)	Where a Rating Staff (who is not a DSRS) is of the view that a Worker’s conduct warrants a demerit rating record to be made, he shall first approach the Worker and verbally inform the Worker of his assessment and/or show the Worker any supporting photographs or documents (if applicable). The Worker shall be given a reasonable opportunity to respond to confirm or determine whether he/she has engaged in any conduct specified in the Standards.

	(c)	Where a Rating Staff (who is not a DSRS) is of a view that a demerit rating record shall be made, he shall first confirm the identity of the Worker by, for example, using the Worker’s construction worker registration card or the Worker’s Construction Worker Registration number, or scanning the Worker’s QR code retrieved from the Worker’s account on the “Construction Industry Council” mobile app developed by CIC. The Worker shall co-operate with such Rating Staff on the submission of rating records regardless of the Worker’s own views on whether a rating record should be made.

	(d)	The Rating Staff (who is not a DSRS) shall specify which conduct under the Standards was engaged by the Worker, and shall submit relevant supporting descriptions, photographs and/or documents (if applicable) via the Online Platform for approval by the DSRS.

	(e)	The DSRS shall approve or reject the demerit rating record submitted by a Rating Staff after taking into account the relevant supporting descriptions, photographs or documents (if applicable). Once a demerit rating record has been approved by the DSRS, the demerit rating record (together with the points) will be published onto the Online Platform available for viewing by the relevant Worker, the Rating Staff submitting such records, the DSRS of the same Site and CIC.

	We undertake to be responsible for handling, resolving and/or otherwise dealing in or with all disputes between the Workers and the Rating Staff at the Site in a proper, conscientious and effective manner.

6.2.	*Records concerning Applicable Rating Staff*

	(a)	Non-rated Rating Staff shall assess the safety performance of Applicable Rating Staff at a Site based on the Standards.

	(b)	A Non-rated Rating Staff (except for the DSRS) at a Site may assess the safety performance of Applicable Rating Staff at the same Site based on the Standards. The Rating Staff may submit a demerit rating of safety performance of other Applicable Rating Staff by specifying which conduct under the Standards was engaged by the Applicable Rating Staff, and shall submit relevant supporting descriptions, photographs and/or documents (if applicable) via the Online Platform for approval by the DSRS.

	(c)	Where the DSRS is of the view that the conduct of an Applicable Rating Staff warrants a demerit rating record to be made, the DSRS may approve the demerit rating record based on relevant supporting descriptions, photographs and/or documentation (if applicable). Once a demerit rating record has been approved by the DSRS, the demerit rating record (together with the points) will be published onto the Online Platform available for viewing by the relevant Applicable Rating Staff, Non-rated Rating Staff submitting such records, the DSRS of the same Site and CIC.

	We undertake to be responsible for handling, resolving and/or otherwise dealing in or with all disputes between the Non-rated Rating Staff and the Applicable Rating Staff at the Site in a proper, conscientious and effective manner.

6.3.	*Submission of records via the API*

	(a)	In an alternative to submitting a demerit rating record of a Worker or Applicable Rating Staff directly via the Online Platform, where CIC has provided us with the API to transfer relevant data from our Contractor’s System to the Online Platform, the relevant Rating Staff may also make such rating record on our Contractor’s System in accordance with the terms herein.

	(b)	Such demerit rating record shall specify, amongst others, (i) which conduct under the Standards was engaged by the Worker or Applicable Rating Staff, (ii) the corresponding demerit points, and (iii) the identity of the Rating Staff giving the ratings; and be accompanied by supporting descriptions, photographs and/or documents (if applicable).

	(c)	After the demerit rating record is submitted onto our Contractor’s System, it will automatically be transferred to the Online Platform via the API. The DSRS shall approve or reject the demerit rating record submitted by a Rating Staff on the Online Platform via DSRS’s Administrative Account, after taking into account the relevant supporting descriptions, photographs or documents (if applicable).

	(d)	Once a demerit rating record has been approved by the DSRS, the demerit rating record (together with the points) will be published onto the Online Platform available for viewing by the relevant Worker or Applicable Rating Staff, the Rating Staff submitting such records, the DSRS of the same Site and CIC.

7.	Procedure for Eliminating a Demerit Record


7.1.	We acknowledge that Workers and/or Applicable Rating Staff’s demerit records can be eliminated from the Online Platform by completing safety training courses organised by CIC from time to time. Upon completion of each training course, a designated number of demerit points will be removed in accordance with the Standards, guides and/or other materials issued by CIC from time to time.

7.2.	We understand that CIC will eliminate demerit records (together with the demerit points) on a first-in, first-out basis upon being satisfied that the Worker and/or Applicable Rating Staff has completed the required safety training course(s).

7.3.

In circumstances where a Worker and/or Applicable Rating Staff has consented to share his/her accumulated past safety performance information with us as a prospective employer and/or other prospective employing Contractors at Sites via the Mechanism, any Safety Training Indicator assigned to a Worker and/or Applicable Rating Staff may be removed from the Online Platform, and the coloured light indicating the range of accumulated demerit points may be changed, upon his/her successful completion of the relevant safety training courses as approved by CIC and/or upon a successful appeal against the relevant demerit records.

8.	Appeal Procedure against a Demerit Record


8.1.	We acknowledge that a Worker and/or Applicable Rating Staff shall have the right to appeal against a demerit record made against him/her. Where a Worker or Applicable Rating Staff believes that a demerit record has been inaccurately made against him/her, we acknowledge that he/she can appeal the specific demerit record by making an appeal request to the Appeal Panel. We undertake to comply with, and shall procure the Rating Staff and/or Administrative Account Users to comply with, such procedure for the appeal process devised by CIC in relation to the appeals procedure at the Appeal Panel from time to time.

8.2.

We agree and undertake to, and agree to procure the Rating Staff and/or Administrative Account Users to agree to, fully co-operate with the Appeal Panel during the appeal process in connection with appeals made against demerit records given on the Online Platform. In particular, we acknowledge that after an appeal is filed and pending the decision by the Appeal Panel, CIC shall update the status of the relevant record of the Worker or Applicable Rating Staff as shown on the Online Platform to “Pending Appeal”.

8.3.	We acknowledge that the appeal decision given by the Appeal Panel shall be final and that we are bound by the said appeal decision. We understand that CIC will remove the relevant demerit records (together with the demerit points) from the Online Platform where the appeal is successful.

8.4.	We acknowledge that if the demerit record is confirmed by the Appeal Panel, such record will continue to be published on the Online Platform for one (1) year from the date of the safety conduct concerned, or until an elimination of a demerit record after completing the required safety trainings (see Section 7 above), whichever is earlier. Each demerit record can only be appealed once.

9.	User-Generated Content


9.1.	We acknowledge that CIC does not monitor, preview, edit, screen or vet any information, data, documents, files, contents, messages, texts, photographs, videos and/or other materials (in any format or media) that we or any user of the Online Platform (and/or API) (including Rating Staff, Administrative Account User and/or our designated personnel) may upload, transmit, post or submit on or through the Online Platform (and/or API) (“User-Generated Content”). We and other users of the Online Platform (and/or API) undertake to remain fully liable and responsible for our conduct and use of the Online Platform (and/or API), including but not limited to any and all of their User-Generated Content and the accuracy, legality, integrity and/or quality of any such contents. CIC is not responsible for, and does not endorse, warrant or otherwise guarantee, the information and materials contained and/or the accuracy, legality, integrity or quality of any such User-Generated Content.

9.2.

When we or any of our designated personnel and/or Administrative Account Users upload, transmit, post or submit any User-Generated Content on or through the Online Platform (and/or API), we undertake to, and we agree and will procure the Rating Staff, Administrative Account Users and/or our designated personnel to, grant CIC a worldwide, non-exclusive, royalty-free, transferable and irrevocable licence to use, reproduce, distribute, prepare derivative works of such User-Generated Content in connection with the Online Platform, the API and/or the Scheme, and/or for the purposes of carrying out the functions of CIC.

10.

Termination and Withdrawal from the Scheme


10.1.	We acknowledge that CIC shall have the right to terminate our Main Contractor Account, any Administrative Account, and/or any other accounts registered on the Online Platform, API Account (if applicable), and/or access to any part or all of the Online Platform and API (if applicable) and participation in the Scheme at any time with immediate effect without any notice for any reasons at its discretion, including without limitation that: (a) we (and/or our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users)) breach or are suspected to be in breach or at risk of breaching any of these Undertakings; (b) CIC believes that our (and/or the aforementioned persons’) actions may give rise to liability of any nature; or (c) CIC deems our (and/or the aforementioned persons’) action or use in relation to the Scheme and/or Online Platform (and/or API) as unsuitable or inappropriate for any other reason.

10.2.

We acknowledge that we have the right to terminate our participation in the Scheme at any particular Site by providing the completed Consent Revoke Form (downloadable at [https://safetyrecording.cic.hk/en/resources]) to CIC by post to Administrator – Frontline Personnel Safety Performance Recording Scheme at Construction Industry Council, 38/F COS Centre, 56 Tsun Yip Street, Kwun Tong, Kowloon. Upon termination, our consent to participate in the Scheme and use of the Online Platform and API (if applicable) for a particular Site shall be deemed revoked, and we undertake to immediately discontinue and procure our employees or designated personnel at the relevant Site to discontinue the use of any part of the Online Platform and API (if applicable) for that Site. Where we are a Main Contractor, we undertake to also procure all sub-contractors (regardless of their tier) and their employees and designated personnel at the relevant Site to immediately discontinue the use of the Online Platform (and API if applicable) for that Site. In the event that we wish to re-enrol in the Scheme, we understand that we may repeat the registration procedure set out in Section 2 above.

10.3.

We are aware that we may also terminate (or request the DSRS of the Site to terminate, where we are not a Main Contractor) any of the Administrative Accounts for our designated personnel of any of Site(s) we principally control and/or participate in at any time. Upon termination, we undertake to destroy, and to procure our Rating Staff and/or Administrative Account Users to destroy, all information and material obtained from the Online Platform and any copies thereof no later than fourteen (14) days after termination.

10.4.

We acknowledge and fully understand that the following sections shall survive termination of these Undertakings: Section 2A.3 to 2A.5, 2A.7, 2A.12, 2A.13 (Use of API for Data Transfer), Section 3 (Our Participation in the Scheme and Use of the Online Platform), Section 9 (User-Generated Content), Section 10 (Termination and Withdrawal from the Scheme), Section 13 (Ownership of the Online Platform and Intellectual Property), Section 14 (Warranty and Disclaimers), Section 15 (Limitation of Liability), Section 16 (Indemnity), Section 17 (Governing Law and Jurisdiction) and Section 18 (General Terms).

11.

Availability and Security of Online Platform


11.1.	We acknowledge that whilst CIC endeavours to exercise reasonable skill and care to make the Online Platform (and API if applicable) available 24 hours a day, CIC does not guarantee that the Online Platform (and/or API), or any materials and/or content on or relating to it, will always be available or be uninterrupted or error-free.

11.2.

We also acknowledge that CIC reserves the right at any time, for any reason, to update, modify, suspend, withdraw, restrict or discontinue, whether temporarily or permanently, the Online Platform (and/or API ) (or any part thereof) with or without notice, or if we (and/or any of our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users)) breach any terms of these Undertakings. For the avoidance of doubt, we acknowledge that no warranty, guarantee or representation is provided by CIC as to the availability, service level or up-time of the Online Platform (and API if applicable). We also undertake not to hold CIC liable to us or any third party for any such modification, unavailability, downtime, suspension, or discontinuance of the Online Platform (and/or API) or any part thereof. It is acknowledged that CIC will try, but have no obligation, to give us reasonable notice of any suspension or withdrawal.

11.3.

To safeguard the personal data that are collected, used and/or transferred to and from via the Online Platform (and API if applicable), we understand that CIC will endeavour to exercise reasonable skill and care to implement access control mechanisms to ensure such information can only be accessed by relevant users of the Online Platform (and API if applicable) in accordance with their roles and responsibilities.

11.4.	We acknowledge that CIC reserves the right to disable any Main Contractor Account and/or Administrative Accounts, at any time, if it is in CIC’s opinion that we and/or our sub-contractors (regardless of their tier) and/or Administrative Account Users have failed to comply with any of the provisions of these Undertakings or for any other reason.

11.5.

We undertake to, and shall procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) of the relevant Site(s) to, maintain, ensure and protect the confidentiality and security of the Main Contractor Account, Rating Staff’s accounts and Administrative Accounts, API Accounts, Credentials, and/or any other accounts registered on the Online Platform or in relation to the Scheme (as applicable) which we, our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) hold, including but not limited to safeguarding the account names and/or passwords and that they must not disclose the same to any third party. We agree that CIC shall not be responsible for any losses or damages arising out of the loss or theft of the account names and/or passwords of the Main Contractor Account, Rating Staff’s accounts and/or Administrative Accounts, API Accounts, any other accounts registered on the Online Platform or in relation to the Scheme (as applicable) and/or Credentials, or any unauthorised access to the Online Platform, API (if applicable), our Contractor’s System, and/or our Main Contractor Account, Rating Staff’s accounts and/or Administrative Accounts, API Accounts, and/or any other accounts registered on the Online Platform or in relation to the Scheme (as applicable). We undertake to immediately notify CIC of any unauthorised access to the Online Platform, API (if applicable), our Contractor’s System, our Main Contractor Account, Rating Staff’s accounts and/or our Administrative Accounts and/or any other accounts registered on the Online Platform or in relation to the Scheme (as applicable) or any other breach of security.

12.

Personal Data


12.1.	We acknowledge that we are a data user of any personal data that may be collected, supplied, provided, generated or otherwise obtained and/or transferred to or by us from or in relation to use of the Scheme and Online Platform (and/or API). We acknowledge that we are responsible for such personal data under the applicable data privacy laws and shall discharge our obligation as data users by, for example, handle, process and/or respond to data access requests in relation to the Scheme and/or Online Platform (and/or API) in accordance with the applicable laws.

12.2.	We acknowledge and understand that the collection, holding, use (including disclosure and/or transfer), handling and processing of any personal data that may be collected, supplied, provided, generated or otherwise obtained from or in relation to use of the Scheme and Online Platform (and/or API) are governed by the PICS and Privacy Policy Statement (if any).

12.3.

Before collecting the personal data of Workers, Applicable Rating Staff, Non-rated Rating Staff and/or Administrative Account Users for and the provision of such personal data on or through the Online Platform (and/or API), we shall refer them to all information about the personal data privacy policy and practices including but not limited to the PICS and Privacy Policy Statement (if any) in relation to the collection, holding, use (including disclosure and/or transfer), processing and handling of personal data on or through the Online Platform (and/or API). We acknowledge that the PICS and any Privacy Policy Statement are incorporated into these Undertakings by reference. We acknowledge that CIC may modify or amend the PICS and any Privacy Policy Statement at any time, and that our continued participation in the Scheme and use of the Online Platform (and/or API) upon notification to us of any amended PICS and/or Privacy Policy Statement constitute our acceptance of the same.

12.4.	We undertake to procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) (where applicable) to comply with the PICS as amended from time to time.

13.

Ownership of the Online Platform and Intellectual Property


13.1.	We agree and acknowledge that CIC owns, retains and reserves all rights, title and interests (including but not limited to all intellectual property rights) in the Online Platform and the Scheme’s Materials and their respective content (including without limitation the data compilations, page layout, underlying code (such as object and source codes), texts, data, trade marks, trade names, logos, icons, photographs, graphics, or other images, computer programs and/or software, typographical arrangements, as applicable) except that CIC’s rights in relation to any User-Generated Content is limited to that licensed to CIC pursuant to Section 9 above. We undertake not to, and undertake to procure our Rating Staff and Administrative Account Users to undertake not to, by any means or process, whether in whole or in part, copy, reproduce, extract, adapt, translate, distribute, disseminate, publish, communicate, transmit, re-use, or otherwise create derivative works based on, modify or sell any such materials (including User-Generated Content) contained or stored in, featured on or relating to the Online Platform and/or API and/or Scheme’s Materials, without CIC’s authorisation.

13.2.	We also undertake not to, and to procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Workers, Rating Staff and/or Administrative Account Users) not to, allow or assist any third parties to, in relation to any information, items or materials contained or stored in, featured on or relating to the Online Platform and/or API and/or Scheme’s Materials (whether in whole or in part) (i) make, communicate, issue and/or distribute copies thereof, or (ii) copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, adapt, translate or otherwise create derivate works thereof, or (iii) attempt to do any of the foregoing prohibited acts without CIC’s authorisation.

13.3.

We agree and acknowledge that all intellectual property rights (including without limitation trade marks, trade names, copyright, designs, etc.) and in each case whether registered or unregistered and including without limitation, applications for the grant of any such rights and the right to claim priority within, displayed or featured on, and/or in relation to the Online Platform and/or API and/or Scheme’s Materials are and will remain the exclusive property of CIC. Any reproduction, distribution, communication, transmission, dissemination, publication, translation, adaptation, modification or use of any of these intellectual property rights for any purpose whatsoever without prior and express agreement of CIC is prohibited.

14.

Warranty and Disclaimers


14.1.	We acknowledge that, to the fullest extent permissible under any applicable laws, CIC does not warrant or represent in any way (whether express, implied, statutory or otherwise), including but not limited to: (a) any warranties of non-infringement, defect/fault-free, uninterrupted or secured use of the Online Platform (and/or API); (b) the Online Platform, API and/or any functions, content, materials and/or links contained therein or relating thereto will be uninterrupted, secured or is free from viruses, bugs, defects and/or faults (and that defects and/or faults will be corrected), data overwriting programs, trojan horses or other destructive material or harmful components; and (c) the information contained on or relating to the Online Platform and/or API, the Scheme’s Materials, and/or the Scheme is accurate, complete or up to date.

14.2.	We further acknowledge that the Online Platform and/or API may contain technical inaccuracies or other defects and CIC does not warrant that such defects will be corrected. It is understood that the Online Platform, API (if applicable), the Scheme, the Scheme’s Materials and their respective contents are provided on an "as is" and "as available" basis. All information provided on or via the Online Platform, API, the Scheme and/or the Scheme’s Materials, is for information and reference purposes only, of which CIC expressly disclaims all guarantees, representations and/or warranties of any kind (whether expressed, implied, statutory or otherwise), including without limitation those regarding:-


	(a)	the operation, features and functionalities of or relating to the Online Platform and/or API;

	(b)	the usual conditions of use of the Online Platform, API, and/or other content, materials or information included or provided on or relating to the Online Platform, API and/or the Scheme;

	(c)	the validity, accuracy, reliability, adequacy, timeliness, availability, usefulness and/or completeness of the Online Platform, API, the Scheme and/or the Scheme’s Materials, or the results of use thereof or otherwise in respect thereof, or of any content, materials, links, products or services listed or other materials or information included or provided on or relating to the Online Platform, API, the Scheme and/or Scheme’s Materials for a usual or specific use, or any other sites linked to the Online Platform and/or API (including but not limited to any third-party content, websites, materials, and/or links);

	(d)	the quality or compliance of the Online Platform, API, the Scheme and/or Scheme’s Materials and/or any content, materials, links, products or services on or relating to the Online Platform, API, the Scheme and/or Scheme’s Materials with any statutory provisions or any laws or regulations; and

	(e)	our (and our employees’ and designated personnel’s and our sub-contractors’ (regardless of their tier) and their employees’ and designated personnel’s (including but not limited to Workers, Rating Staff and/or Administrative Account Users’)) ability to access or use any or all of the foregoing.


14.3.	We acknowledge that this disclaimer and exclusion of guarantees, representations and/or warranties provided by CIC shall apply to the fullest extent permitted by law. We undertake not to, and shall procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users) not to hold CIC responsible or liable in any way for any direct, indirect, special, incidental or consequential losses (including but not limited to any loss of chance) and/or damage suffered by us and/or our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users)) and/or any third party arising from our and/or their registration and participation in the Scheme and/or use of the Online Platform (and/or API), or in connection therewith. We acknowledge that we and the aforementioned persons register and participate in the Scheme and use the Online Platform, API (if applicable) and the Scheme’s Materials, and any part thereof, at our and/or their own risk. We understand that we are responsible for configuring our information technology, computer programmes and platform to access the Online Platform and/or API (if applicable), and we should use our own virus protection software at our own costs and expense.

14.4.	It is understood that the Online Platform and API are based in Hong Kong, and CIC makes no representations that materials on the Online Platform and API may be viewed or are appropriate for use outside of Hong Kong. We acknowledge that, if we and/or our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users) access the Online Platform and/or API outside of Hong Kong, we and the aforementioned persons do so at our and/or their own risk.

15.

Limitation of Liability


15.1.	We confirm, agree and acknowledge, and shall procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users) to agree and acknowledge, that under no circumstances (including, but not limited to, negligence, omission or default) shall CIC be responsible or liable to us (including our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users)) or any third party for any direct or indirect, incidental, exemplary, special or consequential damages, costs or expenses (including but not limited to legal expenses) of any character, nature or kind whatsoever, whether foreseeable or otherwise, (including without limitation, loss of profits, loss of chance or other indirect losses, business interruption or loss of information or data) arising out of, from or otherwise in connection with the operation of the Online Platform and/or API, our and/or their use or inability to use the Online Platform, API (which is subject to authorization by CIC), our and/or their registration and participation in the Scheme as well as use of the Scheme’s Materials, whether based on breach of contract, tort (including but not limited to negligence), product liability or otherwise, even if CIC or any of its representatives have been advised of the possibility of any such damages. We should be aware that our (and our employees’ and designated personnel’s and our sub-contractors’ (regardless of their tier) and their employees’ and designated personnel’s (including but not limited to Workers’, Rating Staff’s and/or Administrative Account Users’)) registration and participation in the Scheme, any access to or use of the Online Platform and/or API, any of the Scheme’s Materials, and/or any information, contents and materials therein are at our and/or the aforementioned persons’ own risk. This limitation of liability shall apply to the fullest extent permitted by law.

15.2.	We acknowledge that all materials and information provided in the Online Platform, API, the Scheme and/or the Scheme’s Materials are intended for our general information purposes only. No part of the Online Platform and/or API is intended to constitute any advice, recommendations or suggestion from CIC, and should not be relied upon when making any decision or taking any action of any kind. We undertake to carry out independent checks and judgment when participating in the Scheme and using the Online Platform, API, the Scheme’s Materials, and/or other materials and information included or provided therein.

15.3.	Notwithstanding the above, we understand that nothing in these Undertakings shall exclude or limit CIC’s liability for death or personal injury caused by CIC’s negligence, or for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

16.

Indemnity


16.1.	We undertake to fully indemnify and on demand, defend and hold harmless CIC and its affiliated entities together with their respective agents, officers, directors, employees, representatives and/or suppliers, from and against all claims, liabilities, damages, losses (including without limitation any and all loss of chance), demands, costs and expenses (including without limitation all legal fees and expenses), that may be incurred or suffered by CIC and/or any of the foregoing parties (whether directly or indirectly) arising out of, caused by, relating to and/or otherwise in connection with (i) any breach or alleged breach of these Undertakings and/or of any applicable T&Cs and/or PICS for the Scheme and/or Online Platform (and/or API) by us (including our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users)); (ii) our registration and participation in the Scheme (including participation in the Scheme by our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users)); (iii) our access to (including access by our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users)) and/or use of the Online Platform, API and/or the Scheme’s Materials or any of their respective content, materials and/or services (as applicable); and/or (iv) the aforementioned access or use by any other person accessing the Online Platform (and/or API) using our personal data.

16.2.	We shall procure our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users to, fully indemnify and on demand, defend and hold harmless CIC and its affiliated entities together with their respective agents, officers, directors, employees, representatives and/or suppliers, from and against all claims, liabilities, damages, losses (including without limitation any and all loss of chance), demands, costs and expenses (including without limitation all legal fees and expenses), that may be incurred or suffered by CIC and/or any of the foregoing parties (whether directly or indirectly) arising out of, caused by, relating to and/or otherwise in connection with (i) the breaches or alleged breaches of these Undertakings and/or of any applicable T&Cs and/or PICS committed by our respective employees and designated personnel, and our respective sub-contractors (regardless of their tier) and their respective employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users); (ii) the registration and participation in the Scheme by our employees and designated personnel, and our sub-contractors (regardless of their tier) and their employees and designated personnel (including but not limited to Rating Staff and/or Administrative Account Users)); and (iii) their respective access to or use of the Online Platform, API, the Scheme’s Materials and/or any of their respective content, materials and/or services (as applicable).

17.

Governing Law and Jurisdiction

We confirm and agree that these Undertakings, and any actions, claims, demands or disputes arising therefrom or otherwise relating thereto (whether contractual or non-contractual or otherwise) shall be governed by and construed in accordance with Hong Kong law. We undertake to submit to the non-exclusive jurisdiction of the Hong Kong Courts.

18.

General Terms

We acknowledge and agree with the following:-


(a)	Severability: If any provision or part-provision of these Undertakings shall be held by any court or competent authority to be unlawful, void or unenforceable, in whole or in part, such provision (or parts thereof) shall, to the extent required, be severed from these Undertakings without affecting the validity or enforcement of the remaining provisions (or parts thereof) of these Undertakings;

(b)	Assignment: These Undertakings, and any rights and licenses granted hereunder, may not be transferred or assigned by us, but may be assigned by CIC without restriction;

(c)	Entire Agreement: This is the entire agreement between us and CIC relating to the Scheme and the use of the Online Platform (and API if applicable) and will not be modified except by a change to these Undertakings by CIC; and

(d)	Third Parties: We acknowledge and agree that any person who is not a party to these Undertakings shall have no right to enforce any of the provisions hereunder under the Contract (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong). For any rights conferred on third parties by these Undertakings, their consent is not required to rescind or vary these Undertakings.

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You will receive a confirmation email from the CIC regarding your application. Please download and print the attached application form, ensuring that it is signed and stamped with your company chop. Please mail it to the following address for further processing:

Administrator -
Frontline Personnel Safety Performance Recording Scheme
Construction Industry Council
38/F, COS Centre
56 Tsun Yip Street
Kwun Tong, Kowloon
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