PRIVACY NOTICE
"We", "Us" and "Our" mean Driven Communications Sdn Bhd and its websites including http://www.driven.com.my/ (Driven), http://www.paultan.org/ (paultan.org), http://www.carbase.my/ (CarBase.my), http://www.oto.my/ (oto.my), https://www.acemalaysia.my/ (ACE), https://www.pacemalaysia.my/ (PACE), https://www.evxmalaysia.my/ (EVx), https://protonpj.my/ (Proton PJ) and https://www.tintnow.my/ (tintnow.my) and their parent companies, holding companies, subsidiaries, associated and/or related companies.
1. INTRODUCTION
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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.
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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. COOKIE/TRACKING TECHNOLOGY
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2.1
This website may use cookie and other tracking technologies depending on the features offered. Cookie 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
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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").
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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, designation, company’s and business’ name, bank account details, credit card details and contact particulars including telephone number(s), residential 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 disclosed by you which are necessary for the Purposes; 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:
5. REASON FOR PERSONAL DATA COLLECTION
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5.1.
We collect and processes 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 other obligations under the agreements, contracts and/ or arrangements with you and/or any party(ies);
- 5.1.5. Customer relationship management procedures whichever We deem necessary and fit;
- 5.1.6. Customer categorization activities in connection with Our Products and/or Services;
- 5.1.7. Such other Purposes provided for in Our Products and/or Services or Purposes ancillary to the same;
- 5.1.8. Communication and/or updates to you;
- 5.1.9. To inform you of Our new Products and/or Services;
- 5.1.10. To respond to your queries;
- 5.1.11. To send you promotional material;
- 5.1.12. For marketing and/or research Purposes;
- 5.1.13. To maintain and update internal record keeping;
- 5.1.14. For internal administrative Purposes;
- 5.1.15. To update you on Our events; and/or
- 5.1.16. 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
- 5.1.17. Prevention, hindrance, reporting of any crime including but not limited to fraud, bribery and money laundering;
- 5.1.18. To respond to the requirements of a civil or criminal legal process; and/or
- 5.1.19. 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, code.
For all other Purposes incidental and associated with any of the above.
To re-organise or make changes to Our business
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5.1.20. 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.
In other circumstances, such Purposes that are necessary or directly related to your relationship with Us or where it is permitted under the applicable laws.
6. YOUR OBLIGATIONS
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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.
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6.2.
In the event you provide Us with personal data that does not belong to you, you represent and warrant that you have been authorized to release such personal data to Us for Our collection and processing in accordance with this Privacy Notice and shall indemnify Us for any loss, damages or claims arising from the same.
7. TRANSFER OF PERSONAL DATA
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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.
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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
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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 relevant 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. Any insurance companies for the purpose of applying and obtaining insurance policy(ies); and/or
- 8.1.8. such other persons which We may think fit or necessary.
9. SECURITY MEASURES
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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 relevant laws and regulations and industry standards to protect against and prevent the unauthorised or unlawful processing of your personal data; and/or
- 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.
Nevertheless, you are required to ensure the security of your password and not to disclose it to another party to reduce the risk of data breaches.
We shall not be held liable for any unauthorised access, interception, or loss of personal data that is beyond Our reasonable control.
10. CHILDREN AND MINORS UNDER 18 YEARS OF AGE
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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
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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
13. UPDATE OF THIS PRIVACY NOTICE
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13.1.
We review and update this Privacy Notice from time to time to reflect the changes in law and business practices which shall be effective immediately without any prior notice to you. By continuing to deal with Us, you are deemed to have accepted and consented to this reviewed and updated Privacy Notice.
14. ACCEPTANCE OF THE PRIVACY NOTICE
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14.1. 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. For the avoidance of doubt, you also hereby explicitly consent to Us processing any sensitive personal data relevant for the Purposes.
15. EXCLUSION OF LIABILITY
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15.1. You acknowledge and agree that We shall not in any event be liable for any claim, loss, damage (financial and otherwise), injuries, embarrassments or liability howsoever arising whether in contract, tort, negligence, strict liability or any basis (including direct or indirect, special, incidental, consequential or punitive damages or loss of profits or savings) arising from any inaccuracy or loss, deletion or modification of data or for any other reasons whatsoever relating to any information forwarded by Us to such other party, as the case may be, or in relation to any access or use, or the inability to access or use by such other party or reliance on the information contained therein, whether caused by any technical, hardware or software failure of any kind, the interruption, error, omission, delay, viruses or otherwise howsoever. Further, you shall indemnify and keep Us indemnified from any loss, damage, expense, injuries, embarrassments or liability that may be suffered by Us arising from provision of false or inaccurate personal data.
16. CONFLICT
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16.1. This Privacy Notice is provided in Bahasa Malaysia and English. In the event of conflict or inconsistency between the Privacy Notice in Bahasa Malaysia and English, the Privacy Notice in English shall prevail.
17. CONTACT US
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17.1. You can contact Us or submit your inquiry with regard to the processing of your personal data at:
Legal Department
Address : K3-3A-02, Tower 3, UOA Business Park,
Glenmarie, No. 1, Jalan Pengaturcara U1/51A,
Section U1, 40150 Shah Alam, Selangor, Malaysia.
Telephone : +603-5567 9440
Email : harvinder@driven.com.my
Updated 28 March 2023