We, Swimon Enterprise (Registration No. MA0189318-X) (“Swimon Enterprise”) are committed to protecting all Personal Data kept by us and providing our customers with the highest levels of customer service. Swimon Enterprise is bound by the Personal Data Protection Act 2010 and the related law and regulations, which set out a number of principles concerning Personal Data and consumer protection in Malaysia.
“Authorised Third Parties” means Swimon Enterprise’s contractors, agents, sponsors, organisers or third party suppliers with whom Swimon Enterprise enters into agreement to provide the Services.
“Personal Data” means any personal information relating to Swimon Enterprise’s customer that the customer has provided to Swimon Enterprise or made available to Swimon Enterprise due to his/her contract with Swimon Enterprise, i.e. name, date of birth, current and previous addresses, telephone or mobile numbers, email address, bank account or credit card details, username or password;
“Sensitive Personal Data” comprises information as to the customer’s physical or mental health or condition, political opinions, religious beliefs or other beliefs of a similar nature, commission or alleged commission of any offence or any other Personal Data determined by law;
“Services” comprises of all type of services provided by Swimon Enterprise.
1.2 Personal Data held by us may include your name, date of birth, current and previous addresses, telephone or mobile numbers, email address, bank account or credit card details, username or password (“Personal Data”). Swimon Enterprise also holds details of Swimon Enterprise’s Services (including their status) as well as certain details about your personal interests.
1.5 If you choose not to provide certain Personal Data, Swimon Enterprise may not be able to provide you with the Services you require.
Swimon Enterprise is directly responsible for the administration of this Policy and monitoring enterprise wide compliance.
3. EFFECTIVE DATE
This policy is effective as at 1st November 2015.
4. PERSONAL DATA PROTECTION PRINCIPLES
4.1 General Principle:
4.1.1 Swimon Enterprise will use, process, record, hold, store, share and disclose (“process”) Personal Data provided to Swimon Enterprise by you when you register for our Services and with your consent.
4.1.2 Continuance of use of Swimon Enterprise’s services and/or products shall amount to your consent for the processing of your Personal Data by Swimon Enterprise.
4.1.3 If you are below the age of 18, you should ensure that you obtain the prior consent of your parents or legal guardian before obtaining Swimon Enterprise’s Services and/or products.
4.2 Notice and Choice Principle:
4.2.1 Your Personal Data will be used by Swimon Enterprise or Swimon Enterprise’s contractors, agents or third party suppliers with whom Swimon Enterprise enters into agreement to provide the Services (“Authorised Third Parties”), in support of the purposes stated at the time at which it was given or sought, and/or including but not limited to the following reasons:
(i) For the provision of Swimon Enterprise’s Services;
(ii) for the purposes of technical administration of the Swimon Enterprise’s Website and Services;
(iii) for research and development;
(iv) for statistical analysis;
(v) for customer administration, including outsourced customer service management;
(vi) for profiling service preferences;
(vii) for finance and marketing operations and activities and/or as required in the provision of our services including but not limited to credit control services;
(viii) in compliance with any regulatory, statutory or legal obligation imposed on us by any relevant authority.;
(ix) to support your questions about billing or use of the Services;
(x) to detect and prevent fraudulent activity;
(xi) to provide other goods and services by Swimon Enterprise or its designated representatives and/or business partners to you or parties designated by you and matters ancillary thereto;
(xii) to verify and record your Personal Data including comparing it with information from other sources and using the information to communicate with you;
(xiii) to conduct market research of the users of Swimon Enterprise’s Website and Services including the number of users, the frequency of use, profile of users and using such analysis for our business plans, the enhancement of our products and services, targeted advertisements and conveying such information in broad aggregate terms to third parties who have or propose to have business dealings with Swimon Enterprise;
(xiv) to send you information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organisations selected by Swimon Enterprise;
(xv) to comply with any order of court or directive from authorities investigating any alleged offence, misdeed and/or abuse, where such action is necessary to protect and defend the rights or property of Swimon Enterprise;
(xvi) to Swimon Enterprise 's shareholders, related corporations and affiliated companies for purposes of providing any goods or services to the customer;
(xvii) to payment channels including and without limitation, financial institutions for purposes of maintaining financial records, assessing or verifying credit and facilitating payments of any amount due to Swimon Enterprise pursuant to the Terms and Conditions;
(xviii) to other service providers or to parties nominated by Swimon Enterprise either solely or jointly with other service providers, for purposes of establishing and maintaining a common database of customers; and/or
(xix) to Swimon Enterprise 's professional advisors on a need to know basis.
4.3.2 Any customers who have provided his/her Personal Data prior to this Policy, may contact Swimon Enterprise using the contact details set out below to know what types of Personal Data have been processed and the purpose for the processing.
4.3.3 Clause 4.3.1 above and except as permitted or required under any enactment, law, statute or code in Malaysia, Swimon Enterprise will not use or disclose the your Personal Data without your prior written consent.
4.3.4 You will be given the opportunity to 'opt-out' of having your Personal Data used for purposes not directly related to the Services or Swimon Enterprise’s Website at the point where Swimon Enterprise asks for information.
4.3 Disclosure Principle:
4.3.1 Swimon Enterprise will not sell or rent your Personal Data to third parties. Save as provided for herein, Swimon Enterprise will not disclose your Personal Data to any third party without your consent.
4.3.2 Swimon Enterprise may from time to time, contact you on behalf of external business partners about particular goods, offers or services that may be of interest to you. In those cases, Personal Data that may identify you will not be transferred to the third party. All communication whether from Swimon Enterprise or Swimon Enterprise’s business partners will be sent to you by Swimon Enterprise.
4.3.3 Swimon Enterprise may however, need to work with Authorised Third Parties to provide part or all of Swimon Enterprise’s Website, the Services and/or other services to you or to perform market research and statistical analysis. In such situations, Swimon Enterprise will share your Personal Data as is necessary for the Authorised Third Party to perform these services, on a strictly confidential basis. These parties are not allowed to use your Personal Data disclosed to them except for the limited purpose of providing the particular service for Swimon Enterprise. By using and continuing to use Swimon Enterprise’s Website you are deemed to have consented to such disclosure.
4.4 Security Principle:
4.4.1 Swimon Enterprise has implemented security policies, rules and technical measures to rotect your Personal Data from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss. All our employees and data processors, who have access to and are associated with the processing of Personal, are obliged to respect the confidentiality of your Personal Data.
4.4.2 Personal information that Swimon Enterprise collects from you will be stored and backed up securely in an environmentally-controlled location which shall be accessible by Swimon Enterprise’s authorised personnel.
4.4.3 In discharging its responsibilities with respect to the confidentiality of Personal Data, Swimon Enterprise will employ a number of safeguards, appropriate to the sensitivity of the information, to protect Personal Data against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. Such safeguards will include physical measures, organizational measures and technological measures, for example locked filing cabinets, restricted access to offices, security clearances and limiting access on a "need to know" basis and use of passwords and encryption. Procedures for implementing these measures will be communicated to all Swimon Enterprise employees and third parties to ensure compliance with this principle.
4.5 Retention Principle:
4.5.1 Personal data processed for any purpose or purposes by Swimon Enterprise will not be kept for longer than is necessary for that purpose or those purposes.
4.5.2 Swimon Enterprise will store your Personal Data as long as the purpose it was collected remains valid and thereafter for a period of seven (7) years or any other period of time required and/or permitted by Malaysian law.
4.6 Data Integrity Principle:
4.6.1 Swimon Enterprise takes all resonable precautions to ensure that the Personal Data that we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information that you provide.
4.6.2 You have the right to access your Personal Data, subject to some exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. We reserve the right to charge a fee as permitted by the applicable law in Malaysia, including but without limitation to Personal Data Protection Act 2010 for searching for and providing access to your information.
4.6.3 Swimon Enterprise reserves the right to refuse to provide Swimon Enterprise’s visitors with a copy of their Personal Data by providing a written explanation for such refusal.
4.7 Access Principle:
4.7.1 Any customer dealing with Swimon Enterprise can have access to his/her Personal Data that Swimon Enterprise has in its possession or control and may request that his/her Personal Data be amended for purposes of accuracy and completeness.
4.7.2 You may at any time remove your personal details from our database, or amend or correct those Personal Data. If you remove your Personal Data from our records, we will no longer be able to provide our services to you.
5. SENSITIVE PERSONAL DATA
5.1 Swimon Enterprise will obtain explicit consent from you before or when we process Sensitive Personal Data.
5.2 Swimon Enterprise may process Personal Data without your consent only in limited circumstances as permitted by Malaysian law.
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