THIS POLICY BETWEEN MARKETSENSE ICT SDN BHD (Company No.: 1044628-W) (hereinafter referred to as “MSICT”) and Account Holder (hereinafter referred to as “User”)
MSICT takes the issue of privacy very seriously. MSICT is dedicated to protecting the privacy of our users by taking all possible measures to protect their personally identifiable information. This privacy statement was developed to outline these measures and disclose the privacy practices of MSICT.
1. The Policy & You
Please note that you may be providing us with your Personal Data in any manner or method, not limited to MSICT receiving a Registration Form with your Personal Data inserted or where you visit MSICT websites, take part in our surveys, trial, promotions, calling our helpdesk, or generally enquiring about us or our products and/or services. We may also receive your Personal Data from third parties we deal with or who are connected with you (for example, financial institutions), and from such other sources where you have given your consent for the disclosure of personal data relating to you, and/or where otherwise lawfully permitted.
Means any information which relates directly or indirectly to you in respect of commercial transactions, which
(a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose;
(b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or
(c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any Sensitive Personal Data (as defined in the PDPA) and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2009.
Examples of Personal Data are your name, Identity Card / Passport No., address, contact information credit and bank account details, images recorded or audio recording of calls you make to our service centers or contact centers and account activity.
Means collecting, recording, verifying, holding or storing the Personal Data or carrying out any operation or set of operations on the personal data, including
(a) the organisation, adaptation or alteration of Personal Data;
(b) the retrieval, consultation or use of Personal Data;
(c) the disclosure of Personal Data by transmission, transfer, dissemination or otherwise making available; or
(d) the alignment, combination, correction, erasure or destruction of Personal Data.
Means collectively all the products and services offered by MSICT.
3. Purpose of Collecting Personal Data
You agree that all Personal Data collected and/or gathered by MSICT may be used in one of the following ways (“Purposes”):
To process your application for the Services;
To conduct credit checks on you or establish the existence of any previous or outstanding breaches, indebtedness, defaults you may have with any third party;
To update and maintain MSICT’s internal records, filing, systems and operations for the management and administration of the Services including but not limited to the purpose of billing you;
To conduct training for internal staff in relation to the Services;
To enforce any of your obligations in respect of the Services, including collection of the outstanding amounts due from you;
To activate, manage or administer payment or credit facilities with third party financial institutions as may from time to time be instructed by a subscriber of Services;
To investigate, resolve and for troubleshooting of any service issues, billing queries, complaints, fraudulent activity or other enquiries that you submit to us regarding our Services, monitor and improve the performance of our Services, our customer relations teams and service providers and MSICT websites;
To conduct market analysis, research and development to improve and/or to introduce Services to you;
To communicate, market, promote, offer or notify you on any enquiries or complaints, new services or products of MSICT’s group;
To support MSICT group’s business, planning and decision-making processes;
To notify you on any updates, developments, or changes or new offerings of any Services including but not limited to any promotions, special offers and/or marketing launch;
To comply with any requirements of any laws or regulations or direction of any national, enforcement, regulatory body/agencies in respect of the Services;
To verify your identity; and
Other incidental and associated purposes relating to any of the above.
4. Disclosure to Third Parties
In line with the express Purposes set out in Clause 3 above, MSICT may disclose the Personal Data collected or gathered to the following third parties:
To any auditors, professional advisors, third party service providers, nominees, agents or contractors appointed by MSICT in order to carry out the Purposes set out in Clause 3.1 above;
To relevant national and other enforcement or regulatory agencies/bodies as part of any obligation imposed by law or in relation to any activity pertaining to the administration of justice, detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders or in the interests of national security;
To the Official Assignee’s Office of the Insolvency Department of Malaysia for purposes of conducting a bankruptcy search;
To any relevant bank, financial institution or similar entity at your request and where you have given your consent to pursue any credit facility or payment mechanism initiated;
To the subsidiary, holding and related company of MSICT and MSICT’s affiliate companies for the purpose of establishing and maintaining a common database of customers to avoid duplication;
To strategic partners that work with MSICT to provide MSICT’s Services or that help market MSICT’s Services (such as our affiliate marketers);
To any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of assisting in or commencing such legal proceedings;
To professional advisors appointed by MSICT on a need to know basis for the purpose of those advisors providing advice to us;
To any third party which acquires all or part of the assets or business of MSICT for the purpose of that third party continuing to provide all or that part of the business of MSICT which it acquires or acquired (including any relevant Services);
To parties nominated or appointed by MSICT either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where MSICT has a legitimate common interest;
Your authorised representatives or parties whom we may reasonably believe you would have consented to, if you knew of the disclosing of the Personal Data and the circumstance of such disclosure; and
otherwise as required or permitted under Malaysian law, including without limitation, the PDPA.
Save and except with your express consent, MSICT shall maintain strict confidentiality of your Personal Data and not disclose any portion or part thereof to any other entity or third party aside from the ones listed in 4.1 above.
5. Consent & Right to Withdraw Consent
If you are under the age of 18, you are required to ensure that your parents or legal guardian consent on your behalf to MSICT’s processing of your Personal Data.
You hereby agree and accept that by registering and/or continuing to use the Services, you authorise and consent to your Personal Data being processed by and where required, disclosed to classes of third parties as identified by MSICT in Clause 4.1 above for the purposes of MSICT providing the Services to you. For the avoidance of doubt, you also hereby explicitly consent to MSICT processing any sensitive personal data relevant for such purposes.
Notwithstanding anything to the contrary, you may at any time withdraw your consent to MSICT processing any Personal Data of yours or to any part or portion of the processing by sending to MSICT at the address set out below a written notice of withdrawal and within the period prescribed under the Act, MSICT shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of MSICT’s other legal obligations.
6. Right to Access & Correct
You shall, upon written request, be granted access to your Personal Data held or stored or processed by MSICT and shall have a copy of your Personal Data communicated or conveyed to you in an intelligible form of MSICT’s choosing.
You may also at any time make a written request to MSICT to correct any of your Personal Data which is inaccurate, incomplete, misleading or out-of-date and MSICT shall, upon receipt of your written request for correction(s) and within the period prescribed under the Act, take all necessary measures to give effect to such correction(s).
7. Security, Storage & Duration of Data Retention
MSICT shall ensure that all Personal Data collected by it shall be stored and/or filed in such manner as to ensure that the Personal Data maintains its accuracy, integrity, remains confidential, is protected against loss, misuse, modification and unauthorised or accidental access, disclosure, alteration, destruction or manipulation.
MSICT shall store and/or retain all Personal Data only for as long as required for the fulfilment of the purposes stated in Clause 3 above or pursuant to any legal obligation imposed upon MSICT in its operation of the Services or by virtue of any applicable law that may from time to time be in force.
8. Exceptions & Exclusion of Liability
Notwithstanding the foregoing provisions, MSICT reserves the right to refuse to entertain any request for withdrawal of consent, access or correction in the following circumstances:
Where there is an insufficiency of information provided by you or any party making a request to enable MSICT to positively locate or identify the Personal Data in question;
Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where MSICT feels that you or the requesting party is not in fact the owner or the subject of the Personal Data in question and is not lawfully entitled to make any requests in relation to the Personal Data;
Where permitting access or correction would be tantamount to a violation of an order of Court;
In requests for access or for correction (excluding instances of withdrawal of consent):
(a) where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy or that of the part making a request;
(b) where compliance with the request would involve the unauthorised disclosure of Personal Data belonging to a third party;
(c) where compliance would result in the disclosure of confidential commercial information; or
(d) where access is regulated by another law.
In the area of Personal Data protection, MSICT shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of Personal Data in the following instances:
Where an act of nature or event outside the control of MSICT results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;
Where Personal Data is readily available or able to be found in the public domain; and
Where despite MSICT’s best efforts, there is unauthorised access, modification, alteration, misuse, phishing, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under the control or direction of MSICT.
9. Direct Marketing
We may process your Personal Data to communicate with you any information not limited to promotions, marketing and advertising materials in relation to us, our products and/or Services and those of our preferred merchants and strategic partners. If you are not agreeable for us to process your Personal Data for marketing purposes, kindly contact us via details in Clause 12 below.
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Please note cookies in themselves do not identify the individual user, just the computer or device used. However, we may collect information about your use of our websites or your preference or behaviour analysis from cookies.
11. Transfer of Personal Data Outside of Malaysia
We may transfer your Personal Data to places or third parties located both in Malaysia and overseas as part of our performance of our contracts or provision of Services to you. These third parties may include any of our service providers or strategic partners who are involved in providing our product and/or Service or outsourced data storage or data processing services for and on behalf of us.
12. Notices and Communications
Please direct any requests to withdraw consent (Clause 5.3) or to request access and/or correction to any Personal Data (Clause 6) as follows:
No.19, Jalan Sungai Dua,
58000 Kuala Lumpur.
Telephone : +603-28844931
We endeavour to take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our systems in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the Services to you that you;
provide us with the accurate and complete Personal Data of yourself and/or any relevant person (including their consents) for purposes of acquiring and/or subscription of the Services.
update us as and when such Personal Data provided earlier to us becomes incorrect or out of date by contacting our Customer Service as stipulated in Clause 9.1 above.
In the event you have provided MSICT with any personal information of third party for the purposes of the Services, you shall:
undertake and warrant to MSICT that you are in possession of all necessary consents and shall continue to maintain such consents as may be required for the processing and transfer of such personal information by MSICT; and
agree that it shall be your responsibility to advise MSICT in writing in the event there is any relevant change in the information including personal data supplied to MSICT which requires action on the part of MSICT.
Please note that all notifications or other communications from you to MSICT must be in writing, legible and contain your full name, current address, NRIC number and contact particulars. MSICT reserves the right not to entertain any notices or communications which do not contain the foregoing particulars, are illegible, incomprehensible or where the party concerned cannot be contacted or where contact particulars are found to be incomplete, inaccurate or in error.