PERSONAL DATA PROTECTION POLICY
1.1 This is the personal data protection policy (“Personal Data Protection Policy”) of AMICI FOOD SOLUTIONS SDN BHD (“Company”, “we”, “us”, or “our”).
1.2 To process, administer and/or manage your relationship with us, we will necessarily need to collect, use, disclose and/or process your personal data. This Personal Data Protection Policy applies to personal data about you and/or individuals (customers, vendors, distributors, suppliers, service providers, business partners) provided by you, possessed by us or that we obtain about you, whether now or in the future.
We will only process your personal data in accordance with the Personal Data Protection Act 2010, 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”) as well as this Personal Data Protection Policy.
1.3 If you are a corporate entity, references to the term “you” and “your” shall also include your employees, representatives and agents.
1.4 The PDPA requires us to inform you of your rights in respect of your personal data that is being processed or that is to be collected and further processed by us and the purposes for the data processing. The PDPA also requires us to obtain your consent to the processing of your personal data. In light of the PDPA, we are committed to protecting and safeguarding your personal data.
1.5 By providing your personal data to us and/or continuing access to our website at https://www.amici.com.my/ (“Site”) or by communicating with the Company, you hereby declare that you have read and understood this Personal Data Protection Policy and agree to us and all persons necessary for us processing your personal data in accordance with the manner as set out in this Personal Data Protection Policy in order to enable us to enter into commercial transactions with you or to deliver the necessary communications, services, and/or products in connection with the Company.
1.6 We reserve the right to modify, update and/or amend this Personal Data Protection 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 Personal Data Protection Policy. Any amendments to this Personal Data Protection Policy will be effective upon notice to you. By continuing to communicate with us, use our services, purchase our products and/or access to the Site after being notified of any amendments to this Personal Data Protection Policy, you will be treated as having agreed to and accepted those amendments.
1.7 It is necessary for us to collect and process your personal data. If you do not provide us with your personal data, or do not consent to this Personal Data Protection Policy or any amendments to this Personal Data Protection 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 PERSONAL DATA
2.1 The term “personal data” means any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or are identifiable from that and other information in our possession such as name, address, telephone number, NRIC No, date of birth, email address, bank account and credit card information etc. The types of personal data collected depend on the purpose of collection. We may “process” your personal data by way of collecting, recording, holding, storing, using and/or disclosing it.
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, or collected by us directly or indirectly from your legal representatives, agents and/or employer when you, your legal representatives, agents and/or employers send us completed enquiry, application and/or registration forms via various means, including online and physical hardcopies at public venues or in any of our premises. We may also collect your personal data from a variety of sources, including without limitation, at any meetings, events, seminars, conferences, talks, road shows, customer satisfaction surveys organized 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.
3. PURPOSE OF ACQUIRING AND PROCESSING YOUR PERSONAL DATA
3.1 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”):
· to communicate with you;
· to assess, process and provide products, services and/or facilities to you;
· to facilitate, process, deal with, administer, manage and/or maintain your relationship with us;
· to consider and/or process your application/transaction with us;
· to respond to your enquiries or complaints or resolve any issues and disputes which may arise in connection with any dealings with us;
· to administer and process any payments related to products, services and/or facilities requested by you;
· to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
· to conduct credit reference checks and establish your credit worthiness, where necessary, in providing you with the products, services and/or facilities;
· to administer and give effect to your commercial transactions with us;
· to process any payments related to your commercial transactions with us;
· to provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organized by us and selected third parties which may be of interest to you from time to time by SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels;
· to send you seasonal greetings messages, gifts, newsletters 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 and analyze 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 a third party necessary for the preparation of legal documents or contract to be entered by you;
· to share any of your personal data with our 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;
· to maintain and improve customer relationship;
· to maintain and update internal record keeping, files and contact lists;
· to detect, investigate and prevent any fraudulent, prohibited or illegal activity or omission or misconduct;
· to enable 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;
· to meet 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 comply with or as required by any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory bodies or other similar authorities;
· to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations; and/or
· for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels;
· for internal administrative purposes;
· for audit, risk management and security purposes;
· for our storage, hosting back-up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Malaysia;
· for other purposes required to operate, maintain and better manage our business and your relationship with us, and you agree and consent to us using and processing your personal data for the Purposes in the manner as identified in this Personal Data Protection 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.
3.2 We will seek your separate consent for any other purposes which do not fall within the categories stated above.
3.3 We may also be collecting from sources other than yourself, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes.
4. CONSEQUENCES OF NOT CONSENTING TO THIS PERSONAL DATA PROTECTION POLICY
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 mandatory 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 Personal Data Protection Policy, we may not be able to effectively provide our products and/or services or otherwise deal with you, if at all. Further, you agree that we shall not be held liable for any of the consequences arising the non-provision of your personal data.
5. DISCLOSURE OF YOUR PERSONAL DATA
5.1 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:
· the Company’s group of companies including the Company’s parent/holding company, subsidiaries, related and associated companies;
· your immediate family members and/or emergency contact person as may be notified to us from time to time;
· successors in title to us;
· any person under a duty of confidentiality to which has undertaken to keep your personal data confidential which we have engaged to discharge our obligations to you;
· any party in relation to legal proceedings or prospective legal proceedings;
· 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;
· 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;
· data centers and/or servers located within or outside Malaysia for data storage purposes;
· storage facility and records management service providers;
· 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;
· government agencies, law enforcement agencies, courts, tribunals, regulatory/professional bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices, municipality in any jurisdiction and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing, if required or authorized to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
· our business partners, third party product and/or service providers, suppliers, vendors, distributors, contractors or agents, on a need to know basis, 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;
· insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
· financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary;
· financial institutions, merchants and credit card organizations in connection with your commercial transactions with us;
· the general public when you become a winner in a contest or participate in our events by publishing your name, photographs and other personal data without compensation for advertising and publicity purposes;
· any third party (and its advisers/representatives) in connection with any proposed or actual reorganization, merger, sale, consolidation, acquisition, joint venture, assignment, transfer, funding exercise or asset sale relating to any portion of the Company; 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 or as instructed by you.
5.2 Further, you acknowledge and agree that we may disclose your identity, contact information and/or information regarding your account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. We shall not be liable for damages or results arising from such disclosure and you agree not to bring any action or claim against us for such disclosure.
6. ACCURACY OF YOUR PERSONAL DATA
We take it that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data. We shall not be held responsible for any loss or damage whatsoever and howsoever arising as a result of out-of-date, inaccurate or incomplete personal data provided by you.
7. YOUR RIGHTS
7.1 To the extent that the applicable law allows, you have the right to request for access to, request for a copy of, request 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. Notwithstanding the foregoing, we reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data. Please note that with respect to your right of access and/or correction of your personal data, we reserve the right to refuse your requests to access and/or make any correction to your personal data for the reasons permitted under the laws of Malaysia, such as where the expense of providing access to you is disproportionate to the risks of your privacy.
7.2 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).
7.3 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 effected. 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 or the contract that you have with us will have to be terminated.
8. RETENTION OF YOUR PERSONAL DATA
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 is then destroyed or anonymized 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.
9. SECURITY OF YOUR PERSONAL DATA
9.1 We are committed to ensuring that your personal data is stored securely. In order to prevent unauthorized access, disclosure or other similar risks, we endeavor, 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 unauthorized or unlawful processing of your personal data, and the destruction of, or accidental loss, damage to, alteration of, unauthorized disclosure of or access to your personal data.
9.2 We will make reasonable updates to its security measures from time to time and ensure the authorized third parties only use your personal data for the Purposes set out in this Personal Data Protection Policy.
9.3 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 and data processors, who have access to, and are associated with the processing of your personal data, are obliged to respect the confidentiality of your personal data.
9.4 Please be aware that communications over the Internet, such as emails/webmail’s 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 World Wide Web/Internet.
9.5 We cannot and do not accept responsibility for any unauthorized access or interception or loss of personal data that is beyond our reasonable control.
10. PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS
10.1 To the extent that you have provided (or will provide) personal data about your family members, spouse, other dependents and/or other individuals, you confirm that you have explained to them that their personal data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their personal data in accordance with this Personal Data Protection Policy.
10.2 In respect of minors (i.e. individuals under 18 years of age) or individuals not legally competent to give consent, you confirm that they have appointed you to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their personal data in accordance with this Personal Data Protection Policy.
11. TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF MALAYSIA
11.1 Our information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. This may include, but not limited to, instances where your personal data may be stored on servers located outside Malaysia.
11.2 In addition, your personal data may be disclosed or transferred to entities located outside Malaysia or where you access the Site from countries outside Malaysia. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia under the laws of Malaysia. You hereby expressly consent to us transferring your personal data outside of Malaysia for such purposes.
11.3 We shall endeavor to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your personal data other than for that part of the Purposes and to adequately protect the confidentiality and privacy of your personal data.
12.1 External links
(a) If any part of the Site links you to other websites, those websites do not operate under this Personal Data Protection Policy and we do not accept any responsibility or liability arising from those websites.
(b) Likewise, if you subscribe to an application, content or a product from our strategic partner and you subsequently provide your personal data directly to that third party, that personal data will be subject to that third party’s privacy/personal data protection policy (if they have such a policy) and not to this Personal Data Protection Policy.
(c) We recommend you to read and understand the privacy/personal data protection statement/policy posted on those other websites in order to understand their procedures for collecting, processing, using and disclosing personal data and before submitting your personal data to those websites.
(a) We employ an industry standard technology called “cookies”. The cookie is a small piece of information stored on the hard drive of your computer or device for record-keeping purposes, and is used by us to track your visits to the Site. Cookies may be used to save your preferences for your ease and convenience when using the Site. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements.
(b) The type of anonymous click stream data collected by us through the cookies may include your Internet Protocol address, web browser software, date and time of visit to the Site, and whether your requests (including search requests and clicking on links to parts of the Site) were met with successfully. All such information collected through cookies are not personal data and you cannot be identified from this information. Such information is only used for the purpose of managing and creating a better user experience, analyzing the traffic on the Site and to identify areas for improvement on the Site.
13. CONTACT DETAILS
If you have any questions about this Personal Data Protection Policy, or have any further queries, or data access or correction request in respect of your personal data, you may contact us at the contact details below:
AMICI FOOD SOLUTIONS SDN BHD
5 Jalan Ekoperniagaan 1/7, Taman Ekoperniagaan, Johor Bahru 81100 Malaysia
Contact No. : +607 562 0209
Email Address : email@example.com
Website : www.amici.com.my
AMICI Food Solutions Sdn Bhd reserves the right to amend this notice at any time, please visit our site from time to time. Thank you.