PRIVACY POLICY
We at Nesh Marketing Sdn Bhd (“Company”, “us”, “we”, “our” or “ours”), understand the importance of personal data (“Personal Data” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual) and sensitive personal data which includes but is not limited to, information pertaining to the physical or mental health or condition of an individual and religious beliefs, or any other sensitive personal data (“Sensitive Personal Data”) as defined under the applicable regulations, guidelines, orders made under the Personal Data Protection Act 2010 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”). We endeavor to protect Personal Data through our compliance with the PDPA and this privacy policy for processing of personal data (“Privacy Policy”), and by appropriately processing the Personal Data of our customers, shareholders, employees and applicants for potential employment or recruitment activities by the Company.
We will collect Personal Data and Sensitive Personal Data during your course of dealings with us in any way or manner including pursuant to any transactions, any event and/or communications made from/with us in an appropriate manner not limiting to using for performance of contract, entering into contract, legal obligation, vital interests, and administration of justice.
We will inform you regarding the purpose of use for your Personal Data and Sensitive Personal Data, and use such information within the scope of such lawful, direct purpose and/or for secondary purposes.
We will take necessary and appropriate measures to safely manage Personal Data and Sensitive Personal Data.
We will collect/use/disclose personal data without the consent of individual in case of: necessary for purpose, life threatening situation, publicly available data, national interest, investigations, evaluation purpose, artistic purpose, news activity, provision of legal services, collected by credit bureau, employment purpose, disclosed by public agency, etc.
Except where otherwise specified, we will not share, disclose or sell Personal Data or Sensitive Personal Data to any third parties without the consent of the individual.
We will respond appropriately in the event that an individual contact the appropriate point of contact regarding display, correction, deletion, withdrawal (in full or in part) and/or termination of use of their respective Personal Data or Sensitive
Personal Data.
We will maintain records of application, notice, requests, etc. related to personal data being processed by the Company.
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 purposes of collection or this Privacy Policy, we will not be able to provide products and/or services or otherwise deal with you.
PURPOSE OF USE FOR PERSONAL DATA AND SENSITIVE
PERSONAL DATA
We use Personal Data provided to us by individuals for only the following purposes (“Purposes”):
(1) PERSONAL DATA AND SENSITIVE PERSONAL DATA OF OUR CUSTOMERS (INCLUDING USERS OF OUR APPLICATION SOFTWARE)
to communicate with you;
to maintain and improve customer relationship;
to assess, process and provide products, services and/or facilities to you;
to administer and process any payments related to products, services and/or facilities requested by you;
to establish your identity and background;
to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us;
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;
for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels to members of our loyalty programmes in accordance with their consent;
to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
to maintain and update internal record keeping;
for internal administrative purposes;
to send you seasonal greetings messages from time to time;
to send you invitation to join our events and promotions and product launch events;
to monitor, review and improve our events and promotions, products and/or services;
to process any payments related to your commercial transactions with us;
to process and analyse your Personal Data either individually or collectively with other individuals;
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;
to share any of your Personal Data with the auditor for our internal audit and reporting purposes;
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;
to share any of your Personal Data with our joint venture/business partners to jointly develop products and/or services or launch marketing campaigns;
to share any of your Personal Data with insurance companies necessary for the purpose of applying and obtaining insurance claims, if necessary;
for audit, risk management and security purposes;
for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
to transfer or assign our rights, interests and obligations under any agreements entered into with us;
for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicablelaw, regulation, direction, court order, by-law, guideline, circular or code applicable to us;
to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislationand regulations;
for other purposes required to operate, maintain and better manage our business and your relationship with us, which we notifyyou of at the time of obtaining your consent;
(2) PERSONAL DATA AND SENSITIVE PERSONAL DATA OF OUR SHAREHOLDERS
Exercise of rights and/or performance of obligations under the Personal Data Protection Act 2010; and
management relating to our stockholders, such as preparation of records pursuant to various laws and orders
(3) PERSONAL DATA AND SENSITIVE PERSONAL DATA OF EMPLOYMENT APPLICANTS
Contacting and/or providing information to employment applicants, and other uses necessary for employment and recruiting activities.
If your application is unsuccessful, we will keep your Personal Data for a reasonable period in accordance with our internal policies and procedures and for administration and statistical analysis purposes.
If your application is successful, we will process your Personal Data for purposes regarding employment with us, including to communicate with you, manage, improve and maintain effective human resources administration, process your payroll, respond to your enquiries or complaints, improve and facilitate employee performance and salary reviews, monitor compliance with our internal policies and procedures, rules and regulations, handbooks and guidelines, code of conduct, evaluate your performance, enable us to plan and monitor training requirements, conduct health checks on you, facilitate your secondment and transfer within the Company and/or the Company’s group of companies and other purposes that are necessary or related to your employment with us as set out in our internal employee policies.
(4) PERSONAL DATA AND SENSITIVE PERSONAL DATA OF THOSE PERSONS WHO POST/SUBMIT PERSONAL DATA AND
SENSITIVE PERSONAL DATA ON OUR WEBSITE OR APPLICATION SOFTWARE
Use of works posted/submitted on our website or application software in advertisements for the Company or its affiliates.
All rights of publicity, copyrights and other industrial property rights in such posted/submitted works shall be attributed to the user who posted/submitted such works; provided, however, that upon posting/submitting such works, the user shall be deemed to have granted the Company a global, royalty-free and non-exclusive license (with right of sublicense to third parties) to use (including, without limitation, reproduce, publicize, send, distribute, assign, loan, translate and adapt) such works, and such user agrees that he or she shall not assert any moral rights in such works.
(5) PERSONAL DATA AND SENSITIVE PERSONAL DATA OF OUR VENDORS, CONTRACTORS AND SUPPLIERS
to communicate with you;
to maintain and improve business relationship;
to establish your identity and background;
to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us;
to maintain and update internal record keeping;
for internal administrative purposes;
to send you the invitation to join our events and promotions and product launch events;
to conduct credit reference checks and establish your creditworthiness, where necessary;
to administer and give effect to your commercial transactions with us (such as a tender award, contract for service, tenancy agreement);
to process any payments related to your commercial transactions with us;
to process and analyse your Personal Data either individually or collectively with other individuals;
to share any of your Personal Data with the auditor for our internal audit and reporting purposes
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;
to share any of your Personal Data with our joint venture/business partners to jointly develop products and/or services or launch marketing campaigns;
to share any of your Personal Data with insurance companies necessary for the purpose of applying and obtaining insurance policy(ies), if necessary;
to share any of your Personal Data with financial institutions necessary for the purpose of applying and obtaining credit facility(ies), if necessary;
for audit, risk management and security purposes;
for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
to transfer or assign our rights, interests and obligations under any agreements entered into with us;
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;
to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislationand regulations;
or 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;
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.
DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
(1) WE WILL NOT PROVIDE PERSONAL DATA TO ANY THIRD PARTIES WITHIN OR OUTSIDE MALAYSIA, UNLESS WHERE NECESSARY, FOR THE PURPOSES MENTIONED ABOVE, WITHOUT YOUR CONSENT EXCEPT IN THE FOLLOWING CASES:
If you have agreed to the provision of your Personal Data;
If it is necessary for the preservation of life, body or property, and the relevant consent(s) cannot be easily obtained;
If the handling of Personal Data has been entrusted in whole or in part to a third party within the scope necessary to fulfill the purposes of use (we take measures to prevent leakage, loss, or falsification of Personal Data, such as by carefully selecting our contractors, entering into agreements with contractors regarding the handling of personal data, and directing and supervising our contractors as necessary);
If your Personal Data is processed on the behalf of the Company by third party intermediaries providing adequate level of data protection.
If Personal Data is provided in connection with the succession of business due to merger or other reason; and;
Where required by applicable laws or regulations.