PRIVACY NOTICE UNDER THE PERSONAL DATA PROTECTION ACT 2010
If you are reading this Privacy Notice for yourself or on behalf of an individual or body corporate or business enterprise which maintains a contractual relationship or which has dealing with PappaFish Wholesale Sdn Bhd. (“PF”/“we”/“us”), this Privacy Notice is intended to be addressed to, without limitation, the individual officers (including authorized signatories and personnel), directors, shareholders, partners and/or beneficial owners of the body corporate or business enterprise (“the Relevant Individuals”) and the word “you” herein shall be construed accordingly to mean the Relevant Individuals. Please assist to make available this Privacy Notice to the Relevant Individuals in your body corporate or business enterprise. This Privacy Notice relates to the personal data that PF collects about you in relation to the services that you have requested or are about to request from us by our client/potential client whom you represent and are authorized to act on behalf of or whom you are associated with (“the Services”). At PF, keeping your personal data confidential, secure and protected is our priority. In compliance with the Personal Data Protection Act 2010 and the rules and regulations prescribed thereunder from time to time (collectively “the Act”), this Privacy Notice is issued to inform you that your Personal Data (as defined below) is being and/or will be processed by or on behalf of PF as well as to make you aware of your rights in respect of such data.
1. Your Consent By: -
(i) engaging PF to provide the Services;
(ii) communicating or interacting with us;
(iii) entering into any transactions or dealing with PF;
(iv) accessing or browsing the website of PF (www.pappafish.com.my); or
(v) visiting our office and/or the office of PF’s clients or attending any sale launches, promotional or other events held by any of PF’s clients; you consent to the processing of your Personal Data by or on behalf of PF in the provision of the Services. The term “processing” shall have the meaning as prescribed in the Act.
2. Personal Data
2.1 Personal Data shall have the meaning as prescribed in the Act and it shall include information about you, such as your:-
(i) name, NRIC/Passport no., age & date of birth;
(ii) nationality, race & gender;
(iii) contact details including address(es), telephone/fax/handphone numbers & email address(es);
(iv) job/profession particulars including name and address of company, title/position & income range;
(v) financial and legal status (including bank account or credit card information and bankruptcy); and
(vi) any other information which may be pertaining to you, your spouse or family members that have been or may subsequently be collected, stored, used and processed by PF from time to time.
2.2 In respect of personal data of similar kind of third parties such as your spouse and family members, you warrant that you have obtained their consent allowing us to process their personal data and you will extend a copy of this Notice to them.
2.3 You are responsible in ensuring that the Personal Data you provided or will provide to us is accurate, complete, not misleading and kept up to date.
3.1 PF may use and process your Personal Data for the purposes relating to the Services and any matter in connection thereto and for the business activities of PF, which shall include the following: -
(i) to communicate with you;
(ii) to respond to any queries and/or comments from you;
(iii) to prepare documents or instruments as may be required for the purposes of the Services and such other ancillary work in connection with such purposes including letters, notices, forms, applications, agreements, affidavits or any other documents in whatever form or nature;
(iv) to carry out your or your employer’s instruction;
(v) to conduct such surveys to help improve our services;
(vi) for our administrative use including historical, creditworthiness and conflict checking purposes;
(vii) to provide information to regulatory and governmental authorities in order to comply with statutory and governmental requirements and with PF’s obligations under the law; or
(viii) for any other purpose that is required by any law, regulations, guidelines and/or relevant regulatory body (collectively “Purposes”).
3.2 PF may also use and process your Personal Data for other purposes such as:
(i) to send you materials such as season greeting cards, newsletters, articles, write-ups, other updates, and information of events, conferences, talks and seminars;
(ii) to provide to potential referees to editors/researchers in legal ranking publications and journals and potential clients who request for referees of past work in our credential statements, tenders and submissions; or
(iii) to provide to any bureau or agency established by Bank Negara Malaysia (including the Central Credit Reference Information System [CCRIS]), SME Credit Bureau or any other credit reporting or reference agency. If you do not agree or consent to PF processing your Personal Data for the purposes set out in this Section 3.2, please notify PF by contacting PF via the contact details set out in Section 5.1 below.
We may obtain or collect your Personal Data directly from you, your employer and/or authorized representative. In addition, we may also obtain or collect your Personal Data from various other sources including but not limited to the following sources:
(i) agreements, forms and other documents that you may have signed and/or provided to us and/or to which we have access;
(iii) our business partners or affiliates and/or other parties which we have dealings with;
(iv) at any events, seminars, conferences or talks held by PF and/or sale launches, promotional or other events held or organized by any of PF’s clients;
(v) other legal means and/or searches from the relevant governing authorities/bodies/agencies and/or credit reporting agencies and/or other bodies/agencies which are legally allowed to collect, use and/or process your Personal Data;
(vi) from the cookies used on the website of PF; and/or (vii) online search tools.
5. Right of Access
5.1 Subject to any exceptions under applicable laws, you may at any time request for access to and for correction of your Personal Data kept by us and contact us with any inquiry or complaint in respect of your Personal Data as follows:-
PappaFish Wholesale Sdn Bhd.
Lot 2B, Jalan Kilang 51/215, Seksyen 51 A, 46050 Petaling Jaya, Selangor.
Telephone No: 6016-259 4200
Attention to: The Data Protection Officer
5.2 In accordance with the Act:
(i) we may charge a prescribed fee for processing your request for access or correction; and
(ii) we may refuse to comply with your request for access or correction to your Personal Data and if we refuse to comply with such request, we will inform you of our refusal and reason for our refusal.
6. Disclosure to Third Parties
While we maintain strict confidentiality policy on your Personal Data, we may engage other service or facilities providers to perform functions on PF’s behalf and consequently, we are allowed to disclose your Personal Data to third parties, within or outside Malaysia, such as the following parties (which are not exhaustive):-
(i) information technology (IT) and data entry service providers;
(ii) storage facility providers;
(iii) our professional advisors, external auditors, accountants, consultants, banks and financial institutions and insurance providers;
(iv) regulatory and/or statutory authorities/bodies/agencies and/or credit reporting agencies and/or other bodies/agencies in order for PF to comply with statutory and governmental requirements;
(v) persons stated in Section 3.2(ii) above; and
(vi) such other party as PF deems necessary for the Purposes.
7. Right to Limit Processing of Personal Data
Subject to Section 8 below and subject further to such rights and restrictions as prescribed under the Act, you may at any time limit the processing of your Personal Data including the extent of the Personal Data and/or the purpose for which it is being processed by giving notice in writing to us, delivered by hand or sent by registered post to PF at our address stated in Section 5 above.
8. Consequences of Failing to Supply Personal Data
All Personal Data supplied by you to us shall be wholly voluntarily on your part and you may withdraw your consent to PF processing your Personal Data. However, if you do not provide or do not consent to PF processing your Personal Data, PF may not be able to: -
(i) provide you the Services you require;
(ii) communicate with you;
(iii) prepare the relevant agreements and/or any other documents for you;
(iv) effectively carry out instruction in providing the Services to you; and/or
(v) perform or achieve the Purposes as set out in Section 3 above.
9. Transfer of Personal Data
As PF’s information technology storage facilities and servers may be located in other jurisdiction, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia. In any event, you understand and hereby consent to the transfer of your Personal Data to any place outside of Malaysia as provided for under the Act.
PF may modify and/or amend the terms of this Notice from time to time without prior notice by placing the updated Notice at our website. Your continued using of PF’s services or interaction or communication with PF following such modifications or amendments to this Notice shall signify your acceptance of such modifications or amendments.
11. Third Party
We may request your assistance to procure the consent of third parties whose personal data is provided by you to us and you hereby agree to use your best endeavour to do so.
PAPPAFISH WHOLESALE SDN BHD.