This Personal Data Protection Notice (“Notice”) describes how THE ATMOSPHERE SDN BHD (Company Registration No: 200601005646 (725395-U)) and its respective subsidiaries, its related corporations, associates, affiliates and joint development companies as well as their representatives (“TASB”) uses your Personal Data that may have been collected and processed as part of its day-to-day operations and in the ordinary course of business pursuant to the requirements of the Personal Data Protection Act 2010 (“PDPA”) in Malaysia.
In the event of any conflict between the English and other language versions, the English version shall prevail. TASB shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on the TASB’s website (“Website”). By continuing to communicate with TASB or by continuing to have dealings with TASB following the modifications, updates or amendments to this Notice, this shall signify your acceptance of such modifications, updates or amendments.
In the course of your dealings with TASB or communicating with TASB or by using its website, products or services, you consent to the processing of your Personal Data by TASB and all persons involved in the provision of services by TASB.
Collection of Personal Data
1.
“Personal Data” means information about you which you have provided to TASB, who can be identified from that data and other information to which TASB has or is likely to have access, including name, NRIC, contact number, address, e-mail address, date of birth, bank account number, credit card number, information of spouse or third party persons such as name and birth date, all transaction data, such as details about payments to and from you, and any information about you which has been provided to TASB in any correspondence such as through name cards or business cards and/or any information about the individual that has been or may be directly or indirectly collected, stored, used and processed by TASB from time to time.
2.
In addition to the Personal Data provided to TASB directly, TASB may also collect Personal Data from a variety of sources, including without limitation from its business partners, public domains such as websites, name cards, purchase orders, or when the individual interacts and communicates with TASB.
3.
Personal Data may also be collected through cookies when you browse the Website. If you do not wish to have cookies placed on your computer while browsing the Website, please set the browser to refuse cookies before using the Website, with the drawback that certain features of the Website may not function properly without the aid of cookies.
4.
Provision of the individual’s Personal Data is mandatory as without such Personal Data, TASB will not be able to communicate with you, provide the services you require or access certain section of the Website.
Purposes of Processing
5.
TASB may use and process Personal Data for the purposes relating to the business and activities of TASB which shall include, without limitation the following (“the Purposes”):-
- to process, confirm and fulfil customer requests regarding TASB’ products, services or transactions;
- to communicate with you on enquiries, requests, complaints and/or comments;
- to implement and facilitate any transaction with TASB;
- to comply with or to enforce the terms and conditions of any contract or agreement entered into by or on behalf of TASB to which TASB is otherwise bound or is obliged to observe;
- to process billing information and payment transactions;
- for internal administrative purposes;
- for internal and external investigations;
- to enforce or defend TASB’s legal rights, interests or property and/or to obtain legal advice;
- to facilitate any participation in TASB’s contests, events, market research and surveys;
- to process and consider job applications to TASB;
- for TASB to comply with its obligations under law whether within or outside Malaysia;
- other incidental purpose relating to any of the above
and you agree and consent to TASB using and processing such Personal Data in the manner as identified in this Notice.
Marketing and Promotional Purposes
6.
TASB may send marketing communication to its customers, and in some instances may use and process Personal Data for such purposes, such as to:-
- provide marketing communications that are effective and optimized for customers;
- to distribute information or details of events, seminars, conferences and talks which may of interest to you;
- keep customers up to date with the latest benefits from TASB;
- contact customers about services and offers that are relevant to them;
by way of e-mail, post and phone calls (“Marketing Purposes”).
If you do not consent to TASB processing Personal Data for the Marketing Purposes, please contact us using the contact details below.
Transfer of Personal Data
7.
Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia, such as in the following circumstances:
- where TASB’s administrative functions are being performed outside of Malaysia;
- where TASB’s servers or back-up servers are located outside of Malaysia;
- where Personal Data is required to be disclosed to various law enforcement agencies outside of Malaysia;
- where TASB’s service providers, contractors, agents or partners are located outside of Malaysia.
How TASB Protects Your Information
8.
TASB shall keep and process the Personal Data in a secure manner and endeavour, where practicable, to implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent the unauthorized or unlawful processing of Personal Data and the accidental loss or destruction of, or damage to, such Personal Data. TASB uses strict procedures and security features to prevent unauthorised access wherever possible. The level of security of Personal Data which kept in a non-electronic environment are also treated with strict procedures and means.
Disclosure to Third Parties
9.
Personal Data may be transferred, accessed or disclosed to third parties for the Purposes or for Marketing Purposes. Further, TASB may engage other companies, service providers or individuals to perform functions on TASB’s behalf such as those listed below (not exhaustive):-
- TASB’s professional advisors, including its legal advisors, auditors, insurers, accountants and consultants;
- service providers such as TASB’s information technology (IT) service providers, transportation providers, and equipment repair service providers and utilities companies;
- TASB’s group companies; and
- regulatory and governmental authorities within and outside Malaysia, in order to comply with statutory and government requirements.
Personal Data may also be shared in connection with a corporate transaction involving TASB such as a sale of a subsidiary or a division, merger, consolidation, or asset sale, or in the unlikely event of winding-up.
Access & Correction Requests and Inquiries
10.
Subject to any exceptions under applicable laws, you may at any time request for access to and/or request correction of your Personal Data, request to limit the processing of your Personal Data and/or make any inquiries or complaints regarding your Personal Data by contacting:-
Address:
Wisma Eksons
Lot No. 1 to 3, Jalan Prima Tropika Barat 2,
Taman Prima Tropika,
43300 Seri Kembangan, Selangor, Malaysia
Telephone: +603 8949 3199
Fax : +603 8949 3198
Email address : pdpa@eksons.com.my
Attention : Siti Aisyah Binti Nor Azam, PDPA Officer
11.
Please note that if you withdraw your consent for TASB to process Personal Data for the Purposes, TASB may consequently not be able to transact or contract with you and may be unable to provide you with the products or services requested.
12.
In respect of your right to access and/or correct your Personal Data, TASB has the right to refuse such requests to access and/or make any correction to the Personal Data for the reasons permitted under law. TASB reserves the right to charge an administrative fee for retrieving your personal data records in compliance with the law. If so, TASB will inform you of the fee before processing your request.
Personal Information of Other Individuals
13.
In some circumstances, you may have provided Personal Data relating to other data subjects and in such circumstances you represent and warrant that you are authorised to provide such Personal Data to TASB and that you have procured the consent of the other data subjects to the processing of their Personal Data in the manner as set forth in this Notice and they have been alerted to the contents of this Notice.
Third Party Web Sites
14.
This Website may contain links to other web sites hosted by third parties whose privacy practices may differ from us. The Personal Data you choose to provide to or that is collected by these third parties is not covered by this Notice. If you link to or otherwise visit any these third party websites, please review their respective privacy policies.
Acknowledgement and Consent
15.
By communicating with TASB, engaging TASB or using TASB’s products or services, you acknowledge that you have read and understood this Notice and agree and consent to the use, processing, disclosure and transfer of Personal Data by TASB as described in this Notice.
16.
TASB reserves the right to amend this Notice from time to time without prior notice. TASB advises that you check the website for this Notice on a regular basis.
