PRIVACY AND PERSONAL DATA PROTECTION POLICY
Apex-Pal Sdn. Bhd. (hereinafter referred to as “Apex”, “our”, “we”, “us”) respects and values your privacy and strives to protect your personal information in compliance with the Personal Data Protection Act 2010 (“PDPA”). This Privacy and Personal Data Protection Policy (“Policy”) is issued to all our existing, immediate and/or prospective customers and contacts pursuant to the PDPA which came into effect on 15th November 2013 which outlines the rights, interests, obligations and duties of all the parties involved in the collection, recording, holding, storing or processing of personal information and data as may be protected by the PDPA.
This Policy may be revised by Apex from time to time. Notice of any such revision will be provided on our designated website (www.sakaesushi.com.my) and/or by such means of communication deemed fit and suitable by Apex.
1. COLLECTION OF PERSONAL DATA
1.1 During your dealings with Apex, you will be requested to provide or has provided us your Personal Data as defined in the PDPA to be collected, processed, used, disclosed and stored/retained (whether directly or indirectly) (collectively “Process”, “Processing” and “Processed”) for us to render any products or services to you.
1.2 By providing your personal information to us, you are consenting to this Policy by authorising and consenting to your Personal Data being processed by and where required, i.e., collection, use, access, transfer, storage, process, disclosure to classes of third parties as identified and described in this Policy. For the avoidance of doubt, you also hereby explicitly consent to Apex processing any sensitive personal information relevant for the purposes stated in this Policy.
1.3 The Personal Data are relevant in connection with our business process and execution, services, client relationship (“clientele”), management and business development activities.
2. DEFINITION OF PERSONAL DATA
2.1 Personal Data shall have the meaning prescribed in the PDPA which may include but not limited to the following:
(a) personal details including name, identity card number and/or passport number, date of birth, age, gender, race, nationality, occupation, social media preference, personal income;
(b) contact information including correspondence/mailing address, email address, contact numbers; and any other Personal Data required for the purposes set out in this Policy.
3. SOURCES OF PERSONAL DATA
3.1 Apex collects information only by lawful and fair means, and not in any unreasonably intrusive way. We may obtain your Personal Data directly from yourself and/or from a variety of sources, including but not limited to:
(a) through your dealings/transaction/relationship with us, for example information provided by you in our SAKAE Card Application Form, from your feedback to our email (firstname.lastname@example.org), our website (www.sakaesushi.com.my) and/or in any written forms during the contest or roadshow held by Apex;
(b) through your verbal and/or written communications with us and/or our authorised agents/service providers/representatives, for enquiries, complaints and/or feedbacks to our customer relations management department and/or via Facebook;
(c) through your registration or subscription for our products and/or services via social media, i.e., Facebook;
(d) through your participation in any of our customer surveys, analysis, roadshow and/or campaign and/or contests organised by us;
(e) through your response to any marketing materials sent out by us;
(f) through third parties we deal with or are connected with you; and
(g) through such other sources in respect of which you have given your consent for the disclosure of information relating to you, and/or where otherwise lawfully permitted.
4. PURPOSES OF US COLLECTING YOUR PERSONAL DATA
4.1 Apex may process your Personal Data for various purposes, amongst others, the following purposes:
(a) to process and complete transactions with you;
(b) to process, manage and maintain your membership account as well as the benefits (reward of SAKAE Points system) and other applications;
(c) to process any refund due under the membership programmes;
(d) to administer membership programmes, offers, competitions and promotions;
(e) to notify you about the benefits and changes to the features of products and services;
(f) to inform you of our promotions and offers by sending our promotional materials (including e-newsletter, pamphlets, brochures, fliers, mails, leaflets), updates, invitations to any events, programmes and launches regarding Apex’s products and services to you;
(g) to enable you to participate in offers, promotions and contests;
(h) to conduct market researching, to do marketing, client profiling, business development activities, analysis, customer surveys, trend and statistical analysis regarding our products and services;
(i) to develop/promote new products and improve our services;
(j) for outsourcing Apex’s operations or any part of Apex’s operations;
(k) for general administration, maintenance and upkeep of as well as to carry out our customers and prospective customers records/relationship management procedures purposes;
(l) for data processing, updating of any databases and customer service related matters;
(m) to communicate with you, including responding to your queries/inquiries, complaints and generally resolve your concern/disputes;
(n) for processing your instructions and generating any correspondences, confirmation and/or advices;
(o) to ensure that the information in Apex’s records are accurate, complete and up-todate;
(p) to access your application(s) as a member and/or request for our products or services;
(q) to provide you with information on our and third party products, services and offers which we are connected and/or related to us, which may be of interest to or benefit you (except where otherwise requested or notified by you);
(r) to comply with any legal and/or regulatory requirements;
(s) compliance with Apex’s policies, guidelines, directives or requirements; and
(t) for any other purpose that is incidental or ancillary or in furtherance to the above purposes.
5. CONSEQUENCES OF REFUSAL/FAILURE TO PROVIDE YOUR PERSONAL DATA
5.1 The failure to obtain your Personal Data will lead to the following:
(a) Apex will not be able to manage and maintain the clientele;
(b) Apex will not be able to provide the products and services as requested by you;
(c) Apex will not be able to provide you with any notice, services and updates in which you have requested; and
(d) Apex will not be able to process and/or disclose your Personal Data in relation to the Purposes stated in this Policy.
6. DISCLOSURE OF YOUR PERSONAL DATA
6.1 Rest assured that the Personal Data provided to us will be kept confidential. Unless otherwise notified by you, you are deemed to have consented and authorised the disclosure of your Personal Data by us to the following classes of third parties:
(a) any persons, government agencies, statutory authorities and/or industry regulators where we are compelled or required to disclose your Personal Data pursuant to any law or regulation;
(b) our business partners and affiliates, third party service providers, suppliers, contractors, sub-contractors, agents, representatives, third party management companies, or other parties, who may be located within or outside Malaysia, as may be deemed necessary or appropriate by us to facilitate your dealings with us, to implement the Purposes set out in this Policy, to provide related and/or supporting products or services in connection with our business and for the purpose of delivery of gift redemption and services in relation of our loyalty programmes;
(c) our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business;
6.2 You also agree and consent that Apex may transfer your Personal Data outside Malaysia. Other countries may not provide the same level of protection for personal data as compares to Malaysia. All your Personal Data held by Apex and Apex will be accorded a reasonable level of protection against any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or deletion.
7. SECURITY OF PERSONAL DATA
7.1 Your Personal Data is our asset and therefore we place great importance on ensuring the security of your Personal Data. We are committed to ensuring that the Personal Data is secured. We regularly review and implement up-to-date technical and organisational security measures when processing the Personal Data to safeguard and secure the information that we collect from you directly and/or from any other sources.
8. RETENTION OF PERSONAL DATA
8.1 We will only retain the Personal Data for as long as we need to provide you with our products and/or services, to fulfil legal and regulatory requirements, and to fulfil Apex’s internal company policy. If the Personal Data are no longer required for the Purposes stated reasons, we will destroy or permanently delete those Personal Data.
9. CHOICES TO LIMIT THE PROCESSING, RIGHT TO ACCESS, TO WITHDRAW CONSENT AND TO AMEND/CORRECT YOUR PERSONAL DATA
9.1 the Personal Data provided to us are wholly voluntary in nature and you are not under any duress to do so;
9.2 you have the right to access to and limit in part or wholly the processing of your Personal Data by Apex and to do so, kindly inform us in writing immediately to the address stated herein of such intention together with the details on how the processing of your Personal Data is to be limited;
9.3 you may at any time withdraw the consent or update/amend/correct your Personal Data, in full or in part by writing to us to the address stated herein of such intention of withdrawal or amendment/correction. Thereafter, Apex will not be able to process and/or disclose your Personal Data in relation to the Purposes;
9.4 if you do not wish to receive updates on our upcoming products or marketing or promotional materials from us, you may opt-out from receiving such updates or marketing/promotional materials at any time by writing to us;
9.5 your visit to our official website and Facebook Page may be recorded for analysis on the number of visitors to the site and general usage patterns. Some of this information will be gathered through the use of “cookies”;
9.6 if you do not wish your Personal Data to be collected via cookies on the websites, you may deactivate cookies by adjusting your internet settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser.
10. DATA INTERGRITY
10.1 We may take reasonable steps to ensure that the information/Personal Data provided by you to Apex is accurate, complete and not misleading and that such information/Personal Data is kept up-to-date and meanwhile, you are also responsible to do the same. Please notify us if there are any changes to your Personal Data at any time by wri ting to the address stated herein.
11. CONTACT DETAILS
11.1 Please write in for request in relation to access or correct and/or delete your Personal Data or for your concerns or complaints in relation to this Policy and types of Personal Data handled by Apex, kindly contact us at by providing your full name and identification number for verification as follows:-
Company : Apex-Pal (M) Sdn. Bhd.
Department : Customer Service Department
Email : email@example.com
Address : No. 7, Jalan Udang Harimau 2,
Medan Niaga Kepong
51200 Kuala Lumpur
Attention : Head of Customer Service Department
11.2 If we do not receive any notification in writing, you are deemed consenting to us processing and/or disclosing your Personal Data for the Purposes as set out above;
11.3 pursuant to PDPA, Apex may charge a fee for processing your request for access or correction and Apex may also refuse to comply with your request for access or correction if the information supplied by you is insufficient (as determined by Apex) or where such request may breach or violate any law or regulation or any other reason which Apex deems not to be in Apex’s interest to do so. If Apex refuses to comply with such request, Apex will inform you of the refusal and reason for the refusal.
12.1 This Policy is reproduced in Bahasa Malaysia in accordance with Section 7(3) of the PDPA. In the event of any inconsistencies between the English version and Bahasa Malaysia version, the English shall prevail.
For Bahasa Malaysia version, please click here.