“We”, “Us” and “Our” mean Seng Cars World Sdn. Bhd., Seng Cars Service Center Sdn. Bhd., Seng Cars Spa & Tint Sdn. Bhd. and their parent companies, holding companies, subsidiaries, associated and/or related companies.
1. INTRODUCTION
1.1. We are mindful and committed to the protection of your personal data and your privacy. This Privacy Notice explains how We process your data from the point We collect, use, share, dispose of and Our security measures to ensure that your personal data is protected.
1.2. As such and in compliance with the Personal Data Protection Act 2010 and its regulations and amendments (“PDPA“), this Privacy Notice applies to any person who provides Us with personal data or whose personal data is otherwise collected, used or processed by and/or disclosed to Us in connection with the Purposes.
2. COOKIES/TRACKING TECHNOLOGY
This website may use cookies and other tracking technologies depending on the features offered. Cookies and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the website. Cookies can also help customize the site for visitors. The cookies used in this website will not identify the IP address and individual user.
3. COLLECTION OF PERSONAL DATA
3.1. For Us to provide you with Our Products and/or Services from time to time (whether by Us or in collaboration with Our Partners) (“Products and/or Services“) and to enable Us to operate in an efficient and effective manner, We may have collected, processed and stored or will need to collect, process and store relevant personal data from you either manually or through the Platform in the course of your present or future dealings with Us, Our parent company(ies) and holding company(ies), Our subsidiary(ies), Our associated company(ies), Our related company(ies), Our joint venture partners and collaborators including all of their shareholder(s), director(s), employee(s), supplier(s), contractor(s) and/or its permitted person(s) (collectively, “Our Partners“).
3.2. The personal data collected and processed by Us and/or Our Partners includes but is not limited to the following:
3.2.1. your name, age, gender, race, ethnic origin, designation, company’s and business’ name, bank account details, credit card details and contact particulars including telephone number(s), address(es) and email address;
3.2.2. your date of birth, national registration identity card number and passport number;
3.2.3. details, information and contact particulars of your family, relatives or related parties;
3.2.4. information in connection with Our Products and/or Services which you may have purchased from Us or registered your interest with Us for purchase, enquiry, updates, information etc;
3.2.5. your images and photos;
3.2.6. your network usage data and other information gathered automatically by Our computer systems, including your computer IP address, links visited, and other activities conducted online or using Our computer systems;
3.2.7. sensitive personal data including information as to your physical and/or mental health or condition, political opinions, religious beliefs, or other beliefs of a similar nature, the commission or alleged commission of any offence or any other sensitive personal data as prescribed by the PDPA from time to time, disclosed by you which are necessary for the Purposes. In the event if we collect, use, maintain or disclose your sensitive personal data, We will seek for your explicit consent; and/or
3.2.8. any other personal data required from you for the Purposes.
4. SOURCE OF PERSONAL DATA COLLECTION
We collect personal data from you in the following ways:
4.1. Directly:
4.1.1. when you create an account, register with Us and/or submit any form to Us or to benefit from Us;
4.1.2. booking forms;
4.1.3. registration forms;
4.1.4. online forms;
4.1.5. sale forms;
4.1.6. purchase forms;
4.1.7. inspection forms;
4.1.8. aftersales forms;
4.1.9. service forms;
4.1.10. when you disclose personal data in Our Platform, website, face-to-face meetings, email messages, telephone conversations with Our teams such as marketing or customer service officers;
4.1.11. when you volunteer and consent to participate in any research conducted by Us;
4.1.12. when you sign up for Our cross-selling, marketing and promotional communications or any initiatives;
4.1.13. when you give your feedback, comments, questions, ratings and reviews on Our website, social media or to Our customer service officers;
4.1.14. when you interact or communicate with Us via Our websites or on social media channels, pages, promotions and/or blogs;
4.1.15. when you contact Us and/or enter into an agreement with Us or in relation to our Products and/or Services;
4.1.16. when you visit and/or are within Our premises and your images are captured by Us via CCTV cameras, photographs or videos taken by Us or Our representatives;
4.1.17. when you attend or participate in any of Our events;
4.1.18. when you submit an employment application; and/or
4.1.19. when you make available your personal data to Us through any other mediums for any reasons whatsoever.
4.2. Indirectly:
4.2.1. when We seek and receive your personal data in connection with your relationship with Us (including for Our Products and/or Services or job applications);
4.2.2. if you act as an intermediary or are supplying Us with information regarding a third-party or other individual (such as a relative, a friend, a colleague, an employee etc.), you undertake that you have obtained all necessary consents from such third-party or other individual for processing of their personal data by Us;
4.2.3. as We are collecting third party’s or other individual’s personal data from you, you undertake to make such third-party or other individual aware of all matters listed here by referring them to Our website or informing them of the contents herein;
4.2.4. any third parties that We work with; and/or
4.2.5. any other information which We may collect from other sources.
5. REASON FOR PERSONAL DATA COLLECTION
5.1. We collect and process your personal data for purposes including but not limited to the following (“Purposes“):
Arrangements with you
5.1.1. To provide, deliver, process applications for and the provision of Our Products and/or Services;
5.1.2. To register an account with username and password to access the Platform;
5.1.3. Credit assessments, background/identity checks and due diligence assessments as deemed necessary or appropriate by Us and/or Our Partners;
5.1.4. Necessary performance of obligations under the agreements, contracts, arrangements with you and/or any party(ies);
5.1.5. To consider applications for employment;
5.1.6. Customer relationship management procedures whichever We deem necessary and fit;
5.1.7. Customer categorization activities in connection with Our Products and/or Services;
5.1.8. Such other purposes provided for in Our Products and/or Services or purposes ancillary to the same;
5.1.9. Communications and/or updates to you;
5.1.10. To apply and obtain credit facility(ies), if necessary;
5.1.11. To apply and obtain insurance policy(ies), if necessary;
5.1.12. To inform you of Our new Products and/or Services or any changes to Our Products and/or Services;
5.1.13. To respond to your queries;
5.1.14. To send you cross-selling and promotional materials;
5.1.15. For marketing and/or research purposes;
5.1.16. To maintain and update internal record keeping;
5.1.17. For internal administrative purposes;
5.1.18. To update you on Our events;
5.1.19. To facilitate your participation in and our administration of any events, promotions or campaigns;
5.1.20. To conduct data analytics, including profiling and behavioural analysis; and/or
5.1.21. Any person under a duty of confidentiality which We have engaged to discharge Our obligations to you, to whom has undertaken to keep your personal data confidential;
Legal compliance
5.1.22. Prevention, hindrance, and reporting of any crime including but not limited to fraud, bribery and money laundering;
5.1.23. To respond to the requirements of a civil or criminal legal process;
5.1.24. For audit, reporting, risk management, security and compliance purposes; and/or
5.1.25. Compliance to any legal or regulatory requirements relating to the provision of Our Products and/or Services and to make disclosure under the requirements of any applicable law, regulation, direction, court order, order, by-law, guideline, circular and/or code.
To re-organise or make changes to Our business
5.1.26. In the event that We: (i) are subject to negotiations for the sale of Our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organisation, We may need to transfer some or all of your personal data to the relevant third party (and its advisors) as part of any due diligence process for the purpose of analysing any proposed sale or re-organisation. We may also need to transfer your personal data to that re-organised entity or third party after the sale or reorganisation for them to use for the same Purposes as set out in this Privacy Notice.
5.1.27. In other circumstances, such Purposes that are incidental and associated with any of the above-mentioned Purposes or necessary or directly related to your relationship with Us or where it is permitted under the applicable laws.
6. YOUR OBLIGATIONS
6.1. It is obligatory for you to supply your personal data to Us in the most accurate manner, failing which We are unable to process your personal data on your behalf and for the Purposes stated above and all relationships created or to be created between Us shall then be terminated and ceased to be in effect immediately.
6.2. In the event that personal data for any third party is supplied by you to Us, including where you have named as a life assured, trustee or beneficiary or where you refer a third party to Us for the purposes of offering Our Products and/or Services to that third party, you shall ensure that such third party had read this Privacy Notice and consented to Us collecting and processing his/her personal data for any of the Purposes prior to the supply of his/her personal data to Us and you shall indemnify Us for any loss, damages or claims arising from the same.
7. TRANSFER OF PERSONAL DATA
7.1. Your personal data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia. You understand and consent to the transfer of your personal data out of Malaysia as described herein.
7.2. We will take reasonable precautions and exercise due diligence to ensure that personal data transferred outside of Malaysia receives a standard of protection comparable to the protection received under the PDPA and such transfer shall be subject to this Privacy Notice.
8. DISCLOSURE OF PERSONAL DATA
8.1. Generally, your personal data with Us will be kept confidential. However, We may disclose your personal data to the following categories including but not limited to third parties in conjunction with the Purposes:
8.1.1. Our parent companies, holding companies, subsidiary, associated and/or affiliated companies either in Malaysia or overseas;
8.1.2. Our actual and potential investors and/or partners such as online business affiliates, data centres, dealers, retailers, distributors, agents, merchants that provide, supply, distribute or deal in general with Our Products and/or Services;
8.1.3. Our directors, authorised employees and representatives, auditors, business consultants, bankers, accountants, lawyers, other professional advisers and/or consultants as We deem necessary and appropriate;
8.1.4. Our sub-contractors, suppliers, third-party service providers as We deem necessary or appropriate, including content providers or aggregators or marketing companies or entities;
8.1.5. Any person to whom We are compelled to or required under law or in response to a local or state or federal authority, industry regulator, enforcement agency, statutory authority, court of laws, tribunal, arbitration centre, commission or council or association legally authorized by law;
8.1.6. Any credit reporting agencies for the purpose of conduct or continue to conduct credit checks for credit review, credit evaluation, debt recovery purpose, and legal documentation consequent to contract(s) or facility(ies) granted or to be or continue to be granted by financial institution(s) or other persons;
8.1.7. In the event of your default, any debt collection or recovery agencies;
8.1.8. Any insurance companies for the purpose of applying and obtaining insurance policy(ies);
8.1.9. Any person connected to the enforcement or preservation of any of Our rights under Our Products and/or Services;
8.1.10. Any third parties for research and development purposes;
8.1.11. Any parties authorised and/or consented by you;
8.1.12. Banks, financial institutions, regulatory bodies, and insurance companies;
8.1.13. Our data processor who processes your personal data on Our behalf; and/or
8.1.14. Such other persons which We may think fit or necessary.
9. SECURITY MEASURES
9.1. We take these measures to protect your personal data:-
9.1.1. Depending on the state of the art, the costs of implementation and the nature of the data and/or information to be protected, We make a reasonable effort to implement appropriate technical, physical, electronic, and procedural security measures when it is practical to do so in accordance with the PDPA and industry standards to protect against and prevent the unauthorised or unlawful processing of your personal data;
9.1.2. By ensuring your personal data is kept as required by the PDPA; and/or
9.1.3. By ensuring Our staff not to misuse your personal data.
9.2. If applicable, you undertake to keep your username and password secure and confidential and shall not disclose or permit it to be disclosed to any unauthorised person, and to inform Us as soon as reasonably practicable if you know or suspect that someone else knows your username and password or believe the confidentiality of your username and password has been lost, stolen or compromised in any way or that actual or possible unauthorised transactions have taken place.
9.3. We shall not be held liable for any unauthorised access, interception, fraudulent or misuse of your username and password, security breaches or loss of personal data that is beyond Our reasonable control.
10. CHILDREN AND MINORS UNDER 18 YEARS OF AGE
10.1. In respect of children (i.e. individuals under the age of 18) or individuals not legally competent to give consent, you confirm that you are the parent or legal guardian or person who has parental responsibility over them or the person appointed by court to manage their affairs or 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 Privacy Notice.
11. PERSONAL DATA RETENTION PERIOD
11.1. We will only retain your personal data for as long as is relevant for the Purposes (unless a legal or insurance obligation requires Us to keep it for longer period such as operational, legal, regulatory, tax or accounting requirements). In the event such information retained by Us is no longer required, We will take reasonable steps to ensure that such information is deleted and/or destroyed.
12. YOUR RIGHTS
12.1. Withdrawal of consent
You may at any time withdraw your consent to Us processing any personal data of yours or to any part or portion of the same by sending to Us at the contact information set out in paragraph 18 below a written notice of withdrawal subject to a reasonable duration of time for the withdrawal of consent to be effected. We shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of Our other legal obligations.
12.2. Limitation of processing of your personal data
If you do not wish to have your personal data shared with any other party, or if you do not wish to be solicited for Products and/or Services offered by Us or any other parties including third parties, kindly inform Us in writing at the contact information set out in paragraph 18 below.
12.3. Access to and copy of your personal data
Subject to Our written approval, you have the right to:
12.3.1. Know What Personal Data We Have About You: You may request information about what personal data We hold about you, and We will provide you with a summary of the personal data that We have collected.
12.3.2. Request a Copy of Your Personal Data: You may also request a copy of your personal data that We have on record. We reserve the right to charge a reasonable administrative fee for providing you with a copy of your personal data records. If such a fee is applicable, We will inform you of the amount before processing your request.
12.3.3. Correction of Your Personal Data: If you find that your personal data in Our records is inaccurate, incomplete, misleading, or out-of-date, you may request corrections. We will make reasonable efforts to update and correct the data as necessary.
12.4. Notwithstanding the foregoing provisions, We reserve the right to refuse to entertain any request for withdrawal of consent, access to, copy of and/or correction of your personal data in the following circumstances:
12.4.1. Where there is an insufficiency of information provided by you or any party making a request to enable Us to positively locate or identify the personal data in question;
12.4.2. Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where We feel that you or the requesting party is not in fact the owner or the subject of the personal data in question and is not lawfully entitled to make any requests in relation to the personal data;
12.4.3. Where permitting such access or correction would tantamount to a violation of an order of Court;
12.4.4. In requests for access or for correction (excluding instances of withdrawal of consent):
a) where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy;
b) where compliance with the request would involve the unauthorised disclosure of personal data belonging to a third party;
c) where compliance would result in the disclosure of confidential commercial information; or
d) where access is regulated by another law.
12.5. You may contact and submit to Us a written request as set out in paragraph 18 below with regards to the withdrawal of consent, access to, copy of, and/or correction of your personal data and any costs that may be incurred with regards to the same shall be borne by you. We will issue a written notice within twenty-one (21) days from the date of Our receipt of your written request by Us, informing you of the result of your request and in the event that We are unable to comply with your request and the reason(s) thereof.
13. DIRECT MARKETING
13.1. We may use your personal data to send you marketing communications, including but not limited to promotional offers and updates about Our Products and/or Services where permitted by the PDPA.
13.2. These communications may be sent via email, postal mail, telephone or other means and may be tailored to your interests and preferences, as inferred from your interactions with Us and your provided information.
13.3. You have the right to opt out of receiving marketing communications from Us at any time. You may do so by selecting using the opt-out mechanism provided in the respective communications you received or by submitting your written request to Us at the contact information set out in paragraph 18 below.
14. UPDATE OF THIS PRIVACY NOTICE
14.1. We may review and update this Privacy Notice from time to time to reflect the changes in the PDPA and business practices which shall be effective immediately. By continuing to deal with Us, you are deemed to have accepted and consented to the reviewed and updated Privacy Notice.
15. ACCEPTANCE OF THIS PRIVACY NOTICE
15.1. By so indicating your acceptance of this Privacy Notice, you shall be deemed to have expressly consented to the processing of your personal data where required by Us and/or Our Partners for the Purposes.
16. EXCLUSION OF LIABILITY
16.1. In the aspect of personal data protection, We shall not be liable for any purported violation, breach or non-compliance with any privacy principles or the protection of personal data in the following instances:
16.1.1. Where an act of nature or event outside of Our control which results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process personal data;
16.1.2. Where personal data is readily available or able to be found in the public domain;
16.1.3. Where despite Our best efforts, there is unauthorised access, modification, alteration, misuse, phishing, tampering or abuse of personal data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under Our control or direction; and
16.1.4. In the event you choose to communicate or reach out to Us via any third party communication platform and you subsequently provide your personal data to enable Us to respond to your query, assess or process your application for Our Products and/or Services, We encourage you to read the third party’s privacy notice as We are not liable and responsible for the privacy practices of any third party.
16.2. You shall indemnify and keep Us indemnified from any loss, damage, expense that may be suffered by Us arising from provision of false or inaccurate personal data.
17. CONFLICT
17.1. This Privacy Notice is provided in Bahasa Malaysia and English. In the event of conflict or inconsistency between this Privacy Notice in Bahasa Malaysia and English, this Privacy Notice in English shall prevail.
18. CONTACT US
18.1. You can contact Us or submit your inquiry with regard to the processing of your personal data at: customerservice@sengcarsworld.com