PERSONAL DATA PRIVACY POLICY
1. INTRODUCTION
1.1. This is the personal data privacy policy (“Policy”) of Elisa Home Sdn Bhd (“Elisa“).
1.2 This Policy applies to personal information about individuals (customers, vendors, distributors, suppliers, service providers, joint venture/business partners, job applicants, employees) held by us. Elisa 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 Policy.
1.3 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, Elisa is committed to protecting and safeguarding your Personal Data.
1.4 By providing your Personal Data to us and/or continuing access to our website (“Site”), you declare that you have read and understood this Policy and agree to us processing your Personal Data in accordance with the manner as set out in this Policy.
1.5 Elisa reserve the right to modify, update and/or amend this Policy from time to time with reasonable prior notice to you. Elisa 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 of any amendments to this Policy, you will be treated as having agreed to and accepted those amendments.
1.6 If you do not agree to this Policy or any amendments to this Policy, Elisa 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, 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.
The types of Personal Data collected depend on the purpose of collection. Elisa 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 Elisa in any way or manner including pursuant to any transactions and/or communications made from/with us. Elisa may also collect your Personal Data from a variety of sources, including without limitation, at any events, seminars, road shows, customer satisfaction surveys organised and/or sponsored by Elisa, as well as from publicly available sources. Some examples of how personal data can be collected:
• When you register your details on our website, apps or kiosks;
• When you complete purchase orders, requests or applications for our products or services (by phone, in person, snail mail, or electronically);
• When you communicate with us directly via our customer service centre, or directly via WhatsApp in relation to our 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 us during promotions, competitions, contests, lucky draws or special events. • Subscribe to any of our membership programmes • Participate in surveys and other types of research; or
• If you are a candidate for employment when you complete forms in relation to the recruitment and selection process for the purpose of assessment. Elisa may also collect information about you from your nominated referees where you have authorised Elisa to do so.
2.3 In addition, Elisa 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
The Personal Data as provided/furnished by you to us or collected by Elisa 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 resolve any issues and disputes which may arise in connection with any dealings with Elisa;
• to provide you with information and/or updates on our products, services, upcoming promotions offered by Elisa and/or events organised by Elisa 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, in accordance with their consent;
• to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
• to award points in a loyalty or rewards programme;
• 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 our events and promotions and product launch events;
• to monitor, review and improve our events and promotions, products and/or services;
• to conduct credit reference checks and establish your creditworthiness, where necessary, in providing you with the products, services and/or facilities;
• to administer and give effect to your commercial transactions with Elisa (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 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 Elisa 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 policies, if necessary;
• to share any of your Personal Data with financial institutions necessary for the purpose of applying and obtaining credit facilities, if necessary;
• for audit, risk management and security purposes;
• for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
• for enabling Elisa to perform our obligations and enforce our rights under any agreements or documents that Elisa are a party to;
• to transfer or assign our rights, interests and obligations under any agreements entered into with Elisa;
• 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 Elisa;
• to enforce or defend our rights and your rights under, and to comply with, our 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 Elisa; and/or
• for other purposes required to operate, maintain and better manage our business and your relationship with Elisa, which Elisa notify you of at the time of obtaining your consent; and you agree and consent to Elisa using and processing your Personal Data for the Purposes in the manner as identified in this Policy. If you do not consent to Elisa processing your Personal Data for one or more of the Purposes, please notify Elisa at the contact details below.
4. CONSEQUENCES OF NOT CONSENTING TO THIS POLICY
The collection of your Personal Data by Elisa 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 Elisa with your Personal Data, and you fail or choose not to provide Elisa with such data, or do not consent to the above or this Policy, Elisa will not be able to provide products and/or services or otherwise deal with you.
5. DISCLOSURE OF YOUR PERSONAL DATA
Elisa will not sell, rent, transfer or disclose any of your Personal Data to any third party without your consent. Inter IKEA Systems B.V., other IKEA franchisees and our related corporations and affiliates either in Malaysia or overseas;
• your immediate family members and/or emergency contact person as may be notified to Elisa from time to time;
• successors in title to Elisa;
• any person under a duty of confidentiality to which has undertaken to keep your Personal Data confidential which Elisa 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 Elisa to provide services to Elisa;
• any party nominated or appointed by Elisa either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where Elisa 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 Elisa in connection with your purchase of our 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 judgment of a court or tribunal or queries from the relevant authorities;
• our 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 our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business, including but not limited to call centres, telecommunication companies, logistics companies, information technology companies and data centres; insurance companies for the purpose of applying and obtaining insurance policies, if necessary;
• financial institutions for the purpose of applying and obtaining credit facilities, if necessary;
• financial institutions, merchants and credit card organisations in connection with your commercial transactions with Elisa;
• the general public when you become a winner in a contest by publishing your name, photographs and other Personal Data without compensation for advertising and publicity purposes;
• 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 Elisa;
• in the event of a potential, proposed or actual sale/disposal of any of our business or interest, merger, acquisition, consolidation, re-organisation, funding exercise or asset sale relating to Elisa, or in the event of winding-up (“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 Elisa to disclose and transfer your Personal Data to such third party and its advisors/representatives and/or any other person reasonably requiring the same in order for Elisa to operate and maintain our business or carry out the activities set out in the Purposes.
6. ACCURACY OF YOUR PERSONAL DATA
6.1 Elisa aim to keep all Personal Data as accurate, complete, not misleading, up-to-date and reliable as possible. Therefore, the accuracy of your Personal Data depends to a large extent on the information you provide. As such, it is a condition of Elisa providing the products, services and/or facilities to you that you:
a. warrant and declare that all your Personal Data submitted or to be submitted to Elisa 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 withheld any Personal Data which may be material in any respect and that Elisa are authorised to assume the accuracy and up-to-dateness of the Personal Data given by you when processing such Personal Data); and
b. promptly update us as and when such Personal Data provided earlier to Elisa becomes inaccurate, incomplete, misleading, outdated or changes in any way whatsoever by contacting Elisa at the contact details below.
7. YOUR RIGHTS
7.1 Subject to the exceptions provided under the PDPA, you have the right to request for access to, request for a copy of, a request to update or correct, your Personal Data held by Elisa. Elisa 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.
7.2 In respect of your right to access and/or correct your Personal Data, Elisa has the right to refuse your request to access and/or correct your Personal Data for the reasons permitted under the law, such as where the expense of providing access to you is disproportionate to the risks to your privacy, or where the rights of others may also be violated, amongst other reasons.
7.3 You have the right at any time to request Elisa to limit the processing and use of your Personal Data (for example, requesting Elisa to stop sending you any marketing and promotional materials or contacting you for marketing purposes).
7.4 In addition, you also have the right, by notice in writing, to inform Elisa on your withdrawal (in full or in part) of your consent given previously to Elisa subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be affected. 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 Elisa to process your Personal Data, it may mean that Elisa will not be able to continue with your existing relationship with Elisa and/or the contract that you have with Elisa will have to be terminated.
8. RETENTION OF YOUR PERSONAL DATA
Any of your Personal Data provided to Elisa is retained for as long as the purposes for which the Personal Data was collected continues; your Personal Data is then destroyed 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 Elisa are committed to ensuring that your Personal Data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, Elisa endeavour, 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 unauthorised or unlawful processing of your Personal Data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your Personal Data.
9.2 Elisa will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your Personal Data for the Purposes set out in this Policy.
9.3 The Internet is not a secure medium. However, Elisa will put in place various security procedures with regard to the Site and your electronic communications with Elisa. All our employees, joint venture/business partners, agents, contractors, vendors, suppliers, data processors, third-party product and/or service providers, 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/webmails 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 Elisa cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control.
10. PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS
To the extent that you have provided (or will provide) Personal Data about your family, spouse and/or other dependents, you confirm that you have explained to them that their Personal Data will be provided to, and processed by, Elisa 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 Policy and, 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 Policy.
11. Website
11.1 External links
a. If any part of the Site links you to other websites, those websites do not operate under this Policy and Elisa 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.
c. Elisa recommends 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.
12. CONTACT DETAILS
If you have any questions about this Policy, or have any further queries, or would like to make a complaint or data access or correction request in respect of your Personal Data, you may contact us at the contact details below:
Elisa Home Service Centre
Address: Plo 49, Jalan Rami 4, Kawasan Perindustrian, Bukit Pasir 84300 Muar Johor
Email Address: elisa@springart.com
