MyServis - PDPA Privacy Policy

 

PRIVACY POLICY

 
This Privacy Notice and its Addendum(s) (“Privacy Notice”) describe how MyServis International Sdn. Bhd, and its respective subsidiaries, affiliates, associated companies and jointly controlled entities including Jom MyServis (collectively “MyServis”, “Jom MyServis”,  “we”, “us” or “our”) collect, use, process and disclose your Personal Data through the use of MyServis’s mobile applications and websites (respectively “Apps” and “Websites”), as well as products, features and other services globally, operated by MyServis (collectively, “Services”).
 
This Privacy and Personal Data Protection Policy is issued to all valued users and guests of MyServis pursuant to the Personal Data Protection Act 2010 ("the Act") which came into effect on 15th November 2013.
 
MyServis understands that our users care about their personal data and how it is collected, used, shared, cared for, disclose and/or process the personal data you have provided to us and/or possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. We are committed to handling your personal data in accordance with applicable laws when you use any of the features, functions, products, services, websites and apps offered by MyServis through your computer, mobile device, or any other device with Internet connectivity. We refer to those features, functions, products, services, websites, and apps collectively as the “Products” in this policy.
 
References to "data" in this Privacy Policy will refer to whatever data you use our services to collect, data collected in a form, mobile application, or data inserted on a site hosted by us. Reference to personal information or just information, means information about you personally that we collect or for which we act as custodian.
 
By accessing this website and/or submitting your personal data to us, you are deemed to have read, understood and accepted the terms of this Notice, and consent to the collection and processing of your personal data by MyServis as per our Personal Data Protection Policy.
 
PERSONAL DATA PROTECTION POLICY (“PDPA”)
 
1. INTRODUCTION
1.1. This Policy applies to personal information about individuals (including but   not limited to customers, vendors, distributors, suppliers, service providers, joint venture/business partners, job applicants, employees) held by us. We will only process your Personal Data in accordance with the Personal Data Protection Act 2010 [Act 709], the applicable regulations, guidelines, orders made under the Act 709 and any statutory amendments or re-enactments made of the Personal Data Protection Act 2010 from time to time (collectively referred to as the “PDPA”) as well as this Policy.
 
1.2 By providing your Personal Data to us and/or continuing to access and use our website (“Site”), you declare that you have read and understood this Policy and agree to us processing your Personal Data in accordance with the manner as set out in this Policy.
 
1.3 We reserve the right to modify, update and/or amend this Policy from time to time with reasonable prior notice to you. We will notify you of any amendments via announcements on the Site or other appropriate means. Please check the Site from time to time to see if there are amendments to this Policy.
 
1.4 In the event you do not agree to this Policy or any amendments to this Policy, we may not be able to render all services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using the Site.
 
2. COLLECTION OF DATA
2.1
  1. Personal Information
    We collect information that may personally identify you (such as your name, address, telephone number, email address, billing information, National Registration Identity Card Number, date of birth, multiple phone numbers, and vehicle information, including the vehicle identification number or other data which can be reasonably linked to such information) only if you choose to share such information with us. For example, we may collect personal information from you when you register on the Site, subscribe to one of our services, and at other times. We also collect credit card, debit card, bank information, and online payment information in connection with any purchases you make on or through the Site. The decision to provide this information is optional by the consumer, prospect or customer; however, if you decide not to register or provide such information, you may not be able to use certain features of the Site or other services.

  2. Non-Personal Information
    We may automatically collect non-personal information that does not identify an individual user, such as IP (internet protocol), ISP (internet service provider), the Web browser used to visit the Site, the time the Site is visited, which Web pages were visited on the Site, a unique mobile device identifier (in connection with the use of the Sites or related services from mobile devices) and other anonymous Site usage data.

  3. Cookies/Web Beacons
    We may also collect personal information and non-personal information from users via “cookies” (small text files placed by us on user computers), single-pixel GIF image files (also called “Web beacons”), Web server log analysis and other similar technologies. Such information may be used to track usage trends and enhance the user experience and may be shared with third parties. To the extent third parties may place advertising on the Site, such third parties may utilise cookies or other tracking technologies. We are not responsible for information collected by third parties in this manner, nor for the collection or use of information by other sites to which the Site is linked.
 
2.2 Your Personal Data may be collected from you during your course of dealings with us in any way or manner including pursuant to any transactions and/or communications made from/with us. We may also collect your Personal Data from a variety of sources, including without limitation, at any events, seminars, road shows, customer satisfaction surveys organised and/or sponsored by us, as well as from publicly available sources.
 
2.3 In addition, we may also receive, store and process your Personal Data which are provided or made available by any third parties, credit reference bodies, regulatory and law enforcement authorities, for reasons including delivery of our products and/or services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.
 
2.4 The Personal Data as provided/furnished by you to us or collected by us from you or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the “Purposes”):
  1. to communicate with you;
  2. to maintain and improve customer relationship;
  3. to assess, process and provide products, services and/or facilities to you;
  4. to administer and process any payments related to products, services and/or facilities requested by you;
  5. to establish your identity and background;
  6. to respond to your enquiries or complaints and resolve any issues and/or  disputes which may arise in connection with any dealings with us;
  7. to provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organised by us and selected third parties which may be of interest to you from time to time;
  8. for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels;
  9. to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
  10. to award points in a loyalty or rewards programme;
  11. to maintain and update internal record keeping;
  12. for internal administrative purposes;
  13. to send you seasonal greetings messages from time to time;
  14. to send you the invitation to join our events, promotions and product launch events;
  15. to monitor, review and improve our events, promotions, products and/or services;
  16. to conduct credit reference checks and establish your creditworthiness, where necessary, in providing you with the products, services and/or facilities;
  17. to administer and give effect to your commercial transactions with us (such as a tender award, contract for service, warranty agreement);
  18. to process any payments related to your commercial transactions with us;
  19. to process and analyse your Personal Data either individually or collectively with other individuals;
  20. to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to our products and/or services;
  21. to share any of your Personal Data with the auditor for our internal audit and reporting purposes;
  22. to share any of your Personal Data pursuant to any agreement or document which you have duly entered with us for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action;
  23. to share any of your Personal Data with our joint venture/business partners to jointly develop products and/or services or launch marketing campaigns;
  24. to share any of your Personal Data with insurance companies necessary for the purpose of applying and obtaining insurance policy(ies), if necessary;
  25. to share any of your Personal Data with financial institutions necessary for the purpose of applying and obtaining credit facility(ies), if necessary;
  26. for audit, risk management and security purposes;
  27. for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
  28. for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
  29. to transfer or assign our rights, interests and obligations under any agreements entered into with us;
  30. for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us;
  31. to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations;
  32. to carry out verification and background checks as part of any recruitment and selection process in connection with your application for employment with us; and/or
  33. for other purposes required to operate, maintain and better manage our business and your relationship with us, which we notify you of at the time of obtaining your consent; and you agree and consent to us using and processing your Personal Data for the Purposes in the manner as identified in this Policy. If you do not consent to us processing your Personal Data for one or more of the Purposes, please notify us at the contact details below.
 
2.5 The collection of your Personal Data by us may be mandatory or voluntary in nature depending on the Purposes for which your Personal Data is collected. Where it is obligatory for you to provide us with your Personal Data, and you fail or choose not to provide us with such data, or do not consent to the above or this Policy, we will not be able to provide products and/or services or otherwise deal with you.
 
3. DISCLOSURE
3.1 We will not sell, rent, transfer or disclose any of your Personal Data to any third party without your consent. However, we may disclose your Personal Data to the following third parties, for one or more of the above Purposes:
  1. Between MyServis and our related corporations and affiliates in Malaysia;
  2. your immediate family members and/or emergency contact person as may be notified to us from time to time;
  3. successors in title to us;
  4. any person under a duty of confidentiality which we have engaged to discharge our obligations to you, to whom has undertaken to keep your Personal Data confidential;
  5. any party in relation to legal proceedings or prospective legal proceedings
  6. our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business on a strictly confidential basis, appointed by us to provide services to us;
  7. any party nominated or appointed by us either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where we have a legitimate common interest;
  8. data centres and/or servers located within or outside Malaysia for data storage purposes or otherwise;
  9. payment channels including but not limited to financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to us in connection with your purchase of our products and/or services;
  10. government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
  11. our joint venture/business partners, third-party product and/or service providers, suppliers, vendors, contractors, data processors or agents, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business, including but not limited to call centres, telecommunication companies, logistics companies, information technology companies and data centres; insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
  12. financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary;
  13. financial institutions, merchants and credit card organisations in connection with your commercial transactions with us;
  14. the general public when you become a winner in a contest by publishing your name, photographs and other Personal Data without compensation for advertising and publicity purposes;
  15. to third-party credit reporting or employment agencies as part of the recruitment and selection process and/or otherwise in connection with your application for employment with us;
  16. in the event of a potential, proposed or actual sale/disposal of any of our business or interest, merger, acquisition, consolidation, re-organisation, funding exercise or asset sale relating to us, or in the event of winding-up (“Transaction”), your Personal Data may be required to be disclosed or transferred to a third party as a result of or in connection with, the Transactions.
  17. You hereby acknowledge that such disclosure and transfer may occur and permit us to disclose and transfer your Personal Data to such third party and its advisors/representatives and/or any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out in the Purposes.
 
4. ACCURACY
4.1 We aim to keep all Personal Data as accurate, complete, not misleading, up-to-date and reliable as possible. Therefore, the accuracy of your Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the products, services and/or facilities to you that you:
  1. declare that all your Personal Data submitted or to be submitted to us are accurate, not misleading, updated and complete in all respects for purposes of acquiring or using the relevant products, services and/or facilities, and you have not withheld any Personal Data which may be material in any respect and that we are authorised to assume the accuracy and up-to-dateness of the Personal Data given by you when processing such Personal Data); and
  2. promptly update us as and when such Personal Data provided earlier to us becomes inaccurate, incomplete, misleading, outdated or changes in any way whatsoever by contacting us at the contact details below.
 
5. ACCESS
5.1 Subject to the exceptions provided under the PDPA, you have the right to request for access to, for a copy of, to update or correct, your Personal Data held by us. We may charge a small fee (such amount as permitted by the PDPA) to cover the administration costs involved in processing your request to access your Personal Data.
 
5.2  In respect of your right to access and/or correct your Personal Data, we have the right to refuse your request to access and/or correct your Personal Data for the reasons permitted under the law, such as where the expense of providing access to you is disproportionate to the risks to your privacy, or where the rights of others may also be violated, amongst other reasons.
 
5.3 You have the right at any time to request us to limit the processing and use of your Personal Data (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).
 
5.4 In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be affected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we will not be able to continue with your existing relationship with us and/or the contract that you have with us will have to be terminated.
 
6. RETENTION
6.1 Any of your Personal Data provided to us is retained for as long as the Purposes for which the Personal Data was collected continues. Your Personal Data will be destroyed from our records and system in accordance with our retention policy in the event your Personal Data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax or accounting requirements.
 
7. SECURITY
7.1 We are committed to ensuring that your Personal Data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, we endeavour, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorised or unlawful processing of your Personal Data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your Personal Data.
 
7.2 We will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your Personal Data for the Purposes set out in this Policy.
 
7.3 The Internet is not a secure medium. However, we will put in place various security procedures with regard to the Site and your electronic communications with us. All our employees, joint venture/business partners, agents, contractors, vendors, suppliers, data processors, third-party product and/or service providers, who have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data.
 
7.4 Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the Internet.
 
7.5 We cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control.
 
8. PRIVACY POLICY CHANGES
8.1 From time to time, we may change this Privacy Policy. If we decide to change this Privacy Policy, the changes will show within this privacy policy online. Your continued use of our Site or services constitutes your consent to be bound by the revised Privacy Policy.
 
9. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US
 
9.1. If you have any questions or concerns about our privacy practices, we welcome you to contact us by e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
 
9.2 Please include your name, contact information, and the nature of your request so that we can appropriately respond to your communication.
 
 
 

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