Personal Data Protection Policy

1.1 This is the personal data privacy policy (“Policy”) of Safetyware Sdn Bhd and all its subsidiaries (“Safetyware Group”).

1.2 This Policy applies to the individuals’ personal information held by Safetyware Group (including but not limited to Safetyware Group’s customers, vendors, distributors, suppliers, services providers, join venture/business partners, job applicants, employees). Safetyware Group will only process your Personal Data in strict 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 Policy.

1.3 The PDPA requires Safetyware Group to inform and notify you of your rights in respect of your Personal Data that is being processed or that is to be collected and further processed by Safetyware Group as well as the purposes for the data collection and processing. The PDPA also requires Safetyware Group to obtain your consent to process your Personal Data. In light of the PDPA, Safetyware Group is committed to protecting and safeguarding your Personal Data.

1.4 By providing your Personal Data to Safetyware Group and/or continuing access to Safetyware Group’s website (“Site”), you hereby irrevocably confirm and declare that you have read and understood this Policy and unconditionally agree and allow Safetyware Group to process your Personal Data in accordance with the manner as set out in this Policy.

1.5 Safetyware Group reserve the right to modify, update and/or amend this Policy from time to time with reasonable prior notice to you. Safetyware Group 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 Policy. Any amendments to this Policy will be effective upon notice to you. By continuing to use the services and/or access to the Site after being notified by any amendments to this Policy, you shall be treated as having agreed to and accepted those amendments.

1.6 If you do not agree to this Policy or any amendments of this Policy, Safetyware Group may not be able to render all services to you and you may be required to terminate your relevant agreement with Safetyware Group and/or stop accessing or using the Site.

2.1 The term “Personal Data” means any information in Safetyware Group’s 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 Safetyware Group’s possession, such as name, address, telephone number, identification/passport number, date of birth, photograph, email address, household information, etc. as well as Sensitive Personal Data as defined under the PDPA, which includes but is not limited to, information pertaining to the physical or mental health or condition of a data subject and religious beliefs.

2.2. The types of Personal Data collected shall depend on the purpose of such collection. Safetyware Group may "process" your Personal Data by way of collecting, recording, holding, storing, using and/or disclosing it.

2.3. Your Personal Data may be collected from you during your course of dealings with Safetyware Group in any way or any manner including but not limited to any transactions and/or communications made from/with Safetyware Group. Safetyware Group may also collect your Personal Data from a variety of sources, including without any limitation, at any events, seminars, road shows, customer satisfaction surveys organised and/or sponsored by Safetyware Group, as well as from publicly available sources.

Some examples of how personal data can be collected:

• When you register your details on Safetyware Group’s website, apps or kiosks;
• When you complete the purchase orders, requests or applications for Safetyware Group’s products or services (by phone, in person, email or electronically);
• When you communicate with Safetyware Group directly via Safetyware Group’s customer service, or directly via Safetyware Group’s co-workers within Safetyware Group’s offices in relation to Safetyware Group’s products and services (in person, by email, telephone, direct mail or any other means);
• When you conduct certain types of transactions such as refunds;
• When you enter, and when you interact with Safetyware Group during promotions, competitions, contests, lucky draws, special events;
• Participate in surveys and other types or research; or
• If you are a candidate for employment when your complete forms in relation to the recruitment and selection process for the purpose of assessment. Safetyware Group may also collect information about you from your nominated referees where you have authorised Safetyware Group to do so.

2.4. In addition, Safetyware Group 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 Safetyware Group’s products and/or services, performance of conditions of agreements and/or to comply with Safetyware Group’s legal and regulatory obligations.

3.1. The Personal Data as provided/furnished by you to Safetyware Group or collected by Safetyware Group 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 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 to resolve any issues and disputes which may arise in connection with any dealings with Safetyware Group;
• To provide you with information and/or updates on Safetyware Group’s products, services, upcoming promotions offered by Safetyware Group and/or events organised by Safetyware Group and selected third parties which may be of interest to you from time to time;
• For direct marketing purposes viz SMS, phone call, email, mail, social media and/or any other appropriate communication channels;
• To facilitate your participation in, and Safetyware Group’s 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 the invitation to join Safetyware Group’s events and promotions and product launch events;
• To monitor, review and improve Safetyware Group’s events and promotions, products and/or services;
• To conduct credit reference checks and establish your credit worthiness, wherever necessary, in providing you with the products, services and/or facilities;
• To process any payments related to your transactions with Safetyware Group;
• 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 Safetyware Group’s products and/or services;
• To share any of your Personal Data with the auditor for Safetyware Group’s internal audit and reporting purposes;
• To share any of your Personal Data pursuant to any agreement or document which you have duly entered with Safetyware Group 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 Safetyware Group’s 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 Safetyware Group to perform Safetyware Group’s obligations and enforce Safetyware Group’s rights under any agreements or documents that Safetyware Group is a party to;
• To transfer or assign your rights, interests and obligations under any agreements entered with Safetyware Group;
• 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 Safetyware Group;
• To enforce or defend Safetyware Group’s rights and your rights under, and to comply with, Safetyware Group’s obligations under the applicable laws, legislation and regulations;
• To carry out verification and background checks as part of any recruitment and selection process in connection with your application for employment with Safetyware Group; and/or
• For other purposes required to operate, maintain and better manage Safetyware Group’s business and your relationship with Safetyware Group, which Safetyware Group notify you of at the time of obtaining your consent; and you agree and consent to Safetyware Group using and processing your Personal Data for the Purposes in the manner as identified in this Policy. If you do not consent to Safetyware Group processing your Personal Data for one or more of the Purposes, please notify Safetyware Group at the contact details below.

The collection of your Personal Data by Safetyware Group 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 Safetyware Group with your Personal Data, and you fail, refuse and/or omit or wilfully choose not to provide Safetyware Group with such data, or wilfully withhold your consent to the above or this Policy, Safetyware Group will not be able to provide products and/or services or otherwise have any dealings with you.

Safetyware Group will not sell, rent, transfer or disclose any of your Personal Data to any third party without your consent. However, Safetyware Group may be legally required to disclose your Personal Data to the following third parties, for one or more of the above Purposes;

• Your immediately family members and/or emergency contact person as may be notified to Safetyware Group from time to time;
• Safetyware Group’s Successors in title;
• Any person under a duty of confidentiality to which has undertaken to keep your Personal Data confidential which Safetyware Group has engaged to discharge Safetyware Group’s obligations to you;
• Any party in relation to legal proceedings or prospective legal proceedings;
• Safetyware Group’s auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with Safetyware Group’s business on a strictly confidential basis, appointed by Safetyware Group to provide services to Safetyware Group;
• 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 Safetyware Group has a legitimate common interest;
• Data centres and/or servers located within or outside Malaysia for data storage purposes or otherwise;
• Payment channels including but not limited to financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to Safetyware Group in connection with your purchase of Safetyware Group’s products and/or services
• Government agencies, law enforcement agencies, courts, tribunals, regulatory bodies industry regulators, ministries and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgement of a court or tribunal or queries from the relevant authorities;
• Safetyware Group’s joint venture/business partners, third-party product and/or service providers, suppliers, vendors, contractors, data processors or agents, that provide related products and/or services in connection with Safetyware Group’s business or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain Safetyware Group’s business, including but not limited to call centres, telecommunication companies, logistics companies, information technology companies and data centres; insurance companies for the purpose pf 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 organisations in connection with your transactions with Safetyware Group;
• To third-party credit reporting or employment agencies as part of the recruitment and selection process and/or otherwise in connection with your application for employment with Safetyware Group;
• In the event of a potential, proposed or actual sales/disposal or any of Safetyware Group’s business or interest, merger, acquisition, consolidation, re-organisation, funding exercise or asset sale relating to Safetyware Group (“Transaction”), your Personal Data may be required to be disclosed or transferred to a third party as a result of, or in connection with, the Transactions.
• You hereby acknowledge that such disclosure and transfer may occur and permit Safetyware Group to disclose and transfer your Personal Data to such third party and its advisors/representatives and/or other person reasonably requiring the same in order for Safetyware Group to operate and maintain Safetyware Group’s business or carry out the activities set out in the Purposes.

Safetyware Group aim to keep all Personal Data as accurate, complete, true and not misleading, up-to-date and reliable as much as possible. Therefore, the accuracy of your Personal Data depends to a large extent on the information provided by you. As such, in return for Safetyware Group providing the products, services and/or facilities to you, you shall irrevocably undertake that you shall:

• Warrant and declare that all your Personal Data submitted or to be submitted to Safetyware Group are accurate, not misleading, updated and complete in all respects for purposes of acquiring or using the relevant products, services and/or facilities, and you have not wilfully withheld any Personal Data which may be material in any respect and that Safetyware Group is authorised to assume the accuracy and up-to-date of the Personal Data given by you when processing such Personal Data; and
• Promptly update Safetyware Group as and when such Personal Data provided earlier to Safetyware Group becomes inaccurate, incomplete, misleading, outdated or changes in anyway whatsoever by contacting Safetyware Group at the contact details stated below in Clause 11 herein.