This Personal Data Protection Notice (“Notice”) is issued to all our valued employees/ consultants/ vendors/ contractors/ service providers/ trainers/ job applicants/ customers and any individual who may interact with Kemaman Bitumen Company Sdn Bhd and any companies under TIPCO in the course of our regular business activities, pursuant to the requirements of the Personal data Protection Act 2010 (hereinafter referred to as the “Act”). In the event of any conflict between the English and other language versions, the English version shall prevail.
KEMAMAN BITUMEN COMPANY SDN BHD (“KBC”) (Reg. No. 200301010305 & 612725-U) and the group of companies
under TIPCO (collectively referred to as "TIPCO Group") respects the privacy of individuals with regard to personal data. For the purpose of this Notice, "Personal Data" shall have the meaning as ascribed to it in the Act.
A. INFORMATION COLLECTED
The Personal Data about you which we may collect includes:-
- Any information you provide directly to the KBC as part of your contractual relationship with KBC, or when you interact with KBC;
- Information collected when you fill in or update your information with us, whether in writing or through email or on the Website, which may include personal data such as your photograph, name and contact details;
- The contents of all documents submitted to us, such as proposals and bids; and
- Any messages or comments you submit to us in whatever manner, which may
include personal data such as name, email address and telephone number.
In some circumstances you may have provided personal data relating to other individuals (such as your spouse, family members or colleagues) and in such circumstances you represent and warrant that you are authorised to provide their personal data to KBC and you have obtained their consent for their personal data to be processed and used in the manner as set forth in this Notice.
B. PURPOSE OF COLLECTION OF PERSONAL DATA
By providing any of your Personal Data to KBC, you hereby agree that KBC shall collect, retain, process and use the Personal Data for the following purposes:
- Perform the contract which has been entered into with you;
- To provide you with goods, services or benefits under any of KBC 's business;
- To process your application under any of KBC's programme; and/ or
- Where relevant, marketing of goods and services and sending any updates, new
products, special offers, advertising and/ or promotional material to you from KBC, the TIPCO Group, its partners or advertisers, who may communicate with you to market their goods and services, by way of post, telephone, short message service (SMS) or by email. If you do not consent to KBC processing your Personal Data for such purpose, please notify KBC using the contact details stated below; and/ or - Conducting research on planning, product, goods, services, security and testing;
- Carrying out matching procedure in accordance with the law; and/or
- Performing statistical analysis for various objectives in KBC and providing this information within the TIPCO Group;
- Where you have provided your resume, considering you for any jobs that may arise in KBC or in any other company within the TIPCO Group;
- Where you are an employee of KBC, for purposes of your employment as set forth in Section F below;
- Purposes connected with the operation, administration, development or enhancement of the KBC’s business including for the purpose of which is relevant to support and/ or assist in any of the TIPCO Group’s businesses;
- Where required by law, where KBC considers that such use or disclosure is necessary to respond to any claims or legal process, or where KBC suspects that fraud or unlawful activity has been, is being or may be engaged in;
- Where a third party acquires or wishes to acquire, or makes inquiries in relation to acquiring, an interest in any company within the TIPCO Group;
- Where a third party requires in order for such third party to perform functions or services as required by KBC (for example, to insurance companies who are arranging for KBC’s term life, hospital & surgical policy and to banks who are arranging for salary remittances & claim reimbursements (for employees) and to bank for internship disbursements);
- Where a third party requires in order for such third party to perform functions or obligations as required under the laws, rules, regulations, by laws and/or guidelines (whether or not having the force of law) or as required by any governmental and/or non-governmental authorities, agencies or departments (for example, to external auditors who are auditing KBC’s human resource and learning centre processes);
- If you are applying or have been appointed as a consultant/ vendor/ contractor/ trainer/ service provider in any other capacity , in addition to the purposes set out here, for evaluating and assessing your suitability and if you are successful, for the subsequent preparation and execution of the relevant agreements and documents and administration of your appointment; and/ or
- Making such disclosures as may be required for any of the above purposes or by law.
USE AND DISCLOSURE
- You further agree that KBC may disclose and transfer (whether in Malaysia or abroad) amongst any company within the TIPCO Group and/ or to third parties including but not limited to educational institutions and external assessors or to any company to whom you are being/ to be seconded/ transferred to, KBC's agents, consultants, solicitors, auditors, employers, contractors, suppliers, partners, advertisers, network operators, associated companies, any relevant authorities, embassies, statutory bodies, regulatory bodies, organisations or any relevant financial institutions, any other persons under a duty of confidentiality to KBC or any company within the TIPCO Group, any referee whose details are provided by you, any of KBC’s within the TIPCO Group, actual or proposed assignees or transferees of any of rights of KBC's within KBC with respect to you, service providers, for KBC’s operational, administration and development requirements and to organizations who provide archival, auditing, professional advisory, debt collection, insurance, banking, marketing, advertising, mailing services, recruitment, call centre, technology, research, utility and security services to use, disclose, hold, process, retain or transfer such Personal Data for the purposes as described at para (B) above for and on behalf of Company.
- KBC uses and discloses aggregated non-personally identifying information collected by us as part of KBC’s process of constantly improving our business and/ or KBC’s business.
D. IMPACT OF NON PROVISION OF PERSONAL DATA
Please note that in the event that the provision of your Personal Data is mandatory and that if sufficient Personal Data is not supplied, or is not satisfactory to KBC then your application
or request to Company for any of the above purposes as set out in (B) above may not be accepted or acted upon or KBC will not be able to provide the full range of benefits and/or services. If the provision of certain types of Personal Data is voluntary, KBC will indicate to you whether it is obligatory or voluntary for you to provide the Personal Data for the purposes set out in (B) above and, in the event, such provision of Personal Data is obligatory, the consequences if you fail to provide such Personal Data.
E. STORAGE AND RETENTION OF THE PERSONAL DATA
- Your Personal Data shall be stored either in hard copies in KBC’s offices or stored in servers located in or outside Malaysia and operated by the TIPCO Group or its service providers in or outside Malaysia.
- Any Personal Data supplied by you will be retained by KBC as long as necessary for the fulfilment of the purposes stated in (B) above or is required to satisfy legal regulatory, accounting requirements or to protect KBC's interests.
- KBC does not offer any online facilities for you to delete your Personal Data held by KBC.
F. JOB APPLICANTS
- Personal Data provided in connection with an application for employment will be used to determine your suitability for a position with KBC and, if applicable, your terms of employment or engagement.
- You hereby confirm that you have duly obtained the consent of your referee(s) for the use and disclosure of your referee(s)’ Personal Data to KBC and that KBC may use
your referee(s)’ Personal Data in accordance with this Notice. - Your Personal Data may also be used to monitor KBC’s recruitment initiatives.
- Your Personal Data may be disclosed to third parties to verify or obtain additional
information including education institutions, current/previous employers and credit reference agencies. Credit reference agencies record these searches and you can contact us to find out which agencies we used. - Unsuccessful applications may be retained to match your skills to future job opportunities.
G. CONFIDENTIALITY
- Personal Data held by KBC will be kept confidential in accordance with this Notice pursuant to any applicable law that may from time to time be in force.
- Any questions, comments, suggestions or information other than Personal Data submitted to us in whatever manner will be deemed voluntarily provided to KBC on a non-confidential and non-proprietary basis.
- KBC reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/ or post elsewhere such information freely as set out in (C) above.
H. SAFETY & SECURITY OF PERSONAL DATA
KBC is committed to keeping personal data secure and safe. KBC has appropriate technical, administrative and physical procedures in place to protect personal data from loss, theft and
misuse, as well as against unauthorized access, disclosure, alteration and destruction.
I. TRANSFER OF PERSONAL DATA
Due to the global nature of the TIPCO Group’s business, KBC may transfer your Personal Data to the other companies within the TIPCO Group (which may be located in other countries) or to any parties located in other countries (including countries that have a different data protection regime than is found in the country where you are based). Where your Personal Data is transferred to other countries, Personal data protection laws in those countries may apply. Any Personal Data transferred shall be used for the purposes as set out in (B) and (F) above and disclosed to parties stated in (C) above.
J. RIGHT OF ACCESS TO PERSONAL DATA
- Under the Act, you have the right of access to your Personal Data held by Company and to request correction of the Personal Data that is inaccurate, incomplete, misleading or not up-to-date.
- If you have any questions or complaints regarding this Notice or if you wish to request access to your Personal Data or if you wish to correct your Personal Data or if you wish to withdraw your consent to KBC for the processing of your Personal Data for the purposes as set out in (B) above or for the transfer of your Personal Data to the parties stated in (C) above, you may send your request in writing at the following address:
KEMAMAN BITUMEN COMPANY SDN BHD
Address : A-06-3A Empire Tower, Empire Subang, Jalan SS16/1, SS16, 47500 Subang Jaya, Selangor
Person in charge : Head of HR
Email: HR@kbc.com.my
Telephone Number: 03-5635 0998
- In respect of your right to access and/ or correct your Personal Data, KBC has the right to refuse the your requests to access and/ or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your or another person’s privacy. KBC also reserves the right to impose a fee for access of your Personal Data in the amounts as permitted under law.
K. CHANGES TO NOTICE
KBC reserves the right to amend this Notice from time to time without prior notice. KBC advises that you check this Notice on a regular basis at KBC website www.kbc.com.my.
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This communication comes to inform all employees that the Govt. of Malaysia has enacted the “Personal Data Protection Act 2010” and KBC, like all other business entities is bound by the provisions of this ‘Act’. A Personal Data Protection Policy will be circulated to all employees separately, to ensure that every employee of KBC abides by the ‘Act’ while dealing with entities outside of KBC. At the same time, since KBC also collects, stores and uses personal data pertaining to its employees, this communication sets out the manner in which KBC shall handle personal data of its employees. Kindly go through the Notice, as attached with this communications, carefully. If you do not respond within [fourteen days of receiving this email, we take it that you read and understood this Notice and have consented to processing of your Personal Data as set out in the Notice. For any queries, please contact Head-HR using the contact details provided in the Notice.
F-PDP-02/Rev:1/20January2015
