Personal Data Protection Act (PDPA)
(For Customers)
Protecting the privacy and safeguarding the personal and financial information of our clients and website visitors is one of our highest priority. This Privacy Policy is designed to explain and elaborate upon some of our policies and principles pertaining to the privacy of your personal data, all of which we have adopted as a sign of our commitment to respecting, maintaining, protecting and safeguarding the privacy of your personal data.
The following Privacy Policy statements explains how Solusi Ciptaan Sdn Bhd [‘Solusi Ciptaan’], via PakUde.com, collect, record, hold, use, disclose and/or store (i.e. ‘process’) your personal data or personal information in accordance with the relevant laws of Malaysia including the Personal Data Protection Act 2010. References to ‘Solusi Ciptaan’ in this Policy include all Solusi Ciptaan’s companies and divisions.
By opening an account with us or by using PakUde.com website, you hereby give your consent to the collection, recording, holding, using, disclosure and/or storing of your personal data or personal information by PakUde.com as stated in this Policy. This Privacy Notice explains:-
§ The kind of personal data we collect and how we collect it;
§ How we use your personal data;
§ The parties that we disclose and may disclose your personal data to; and
§ How to access and update your personal data
‘personal data’ or ‘personal information’ refers to any information which relates directly or indirectly to you and/or your transactions with us. This information includes your name, address, occupation, contact details, the details of your account(s), the type of products and/or services subscribed to and such other necessary information regarding yourself and your transaction(s) with us. For the avoidance of doubt, please note that this Privacy Notice is applicable only if you are an individual or natural person.
WHAT KIND OF PERSONAL DATA WE COLLECT AND HOW WE COLLECT IT
In order to enable us to deal with your inquiries, open and operate an account/facility for you and/or to generally provide you with our products and services, we may need to and/or may be required to process your personal data and/or financial information about you, including but not limited to:-
§ personal information including your images to establish or ascertain your identity and background;
§ personal information to establish your financial standing, creditworthiness and/or suitability for any of our products/services applied for by you (if required); and/or
§ to verify your identity and contact information, establish your private account, issue you an account number and a secure password, maintain your account activity and contact you with account information, among other reasons. This information also helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you;
§ personal information includes your contact details, including name, mailing address, telephone number and e-mail address, personal identification data we are required by law to collect, including your identification number, and information required by law to assess your transaction experience and risk tolerance, including, if applicable, your annual income, net worth and available risk capital. We also collect demographic information when you open an account, including gender, birth date, occupation and employment status;
§ such other personal information that you provide when you apply for any of our products and services.
We may obtain this information from yourself and from a variety of sources, including but not limited to:
o through your relationship with us, for example, information provided by you in application forms (if any), when using our products or services, when taking part in customer surveys, competitions and promotions, and during financial reviews;
o through your verbal and written communications with us and/or our authorised agents;
o from an analysis of the way you use and manage your account(s)/facility(ies) with us, from the transactions you make and from the payments which are made to/from your account(s)/facility(ies);
o from third parties connected with you, such as employers, cooperatives memberships, authorized financial providers, subject to your prior consent;
o from the Malaysia Department of Insolvency, other relevant governmental authorities and/or law enforcement agencies to ascertain, inter alia, your current and past financial standing;
o from any information that is supplied and/or collected when you visited our websites which include your mobile device or computer's IP address or from any information that is collected via cookies in some of our websites. We use cookies for a number of purposes, including to store your preference for certain types of information or products, further analysis for the purpose of providing products and services to you, to improve our products and/or to personalize our services to you. You may adjust settings on your browser and/or mobile device so that you will be notified when you receive a cookie or other similar tracking tools. Please refer to your browser documentation to check if the tracking tools have been enabled on your computer and/or mobile device or to request not to receive cookies or to disable cookies if you do not wish to have information collected via the use of cookies; and/or
o from such other sources in respect of which you have given your consent to disclose information relating to you and/or where not otherwise restricted.
Should you close your account with us, Solusi Ciptaan may still retain your information, but only use it to comply with the relevant regulatory requirements and to periodically contact you to offer you the opportunity to reactivate your account or participate in other offers.
COOKIES
We use cookies and web beacons (also known as action tags or single-pixel gifs), and other technologies [collectively, ‘cookies’] to provide us with data we can use to improve your experience and to know you better. Cookies are small text files sent from Web servers that may be stored on your computer. Cookies enable us to capture how you arrived at our site, when you return, which pages on our site you visit, and to recognize that you are already logged on when we receive a page request from your browser. We may link the information we store in cookies to personally identifiable information you submit while on our site. We will never share this information with any 3rd party other than our related companies, agents, affiliates and other related entities in connection with PakUde.com and as provided in this Policy. Cookies are readable only by us and do not contain any personal information nor do they contain account or password information. We cannot and will not gather information about other sites you may have visited.
We may share usage information about visitors to our websites with reputable advertising companies for the purpose of targeting our Internet banner advertisements. The information collected by the advertising company through the use of these pixel tags is not personally identifiable. We may also use 3rd party software to track and analyze usage and volume statistical information including page requests, form requests and click paths. The third party may use cookies to track behavior and may set cookies on behalf of PakUde.com.
All web browsers have settings that allow you to block cookies. By visiting our website with your browser set to allow cookies, you consent to our use of cookies as described above. If you choose to block cookies you may use our services but some functions may not work as designed.
HOW WE USE YOUR PERSONAL DATA
Other than as stated above, we may use your personal information for one or more of the following purposes and/or reasons:-
§ to assess your application(s)/request(s) for our products and services;
§ to verify your financial standing through credit reference/reporting checks;
§ to manage and maintain your account(s) and facility(ies) with us;
§ to better manage our business and your relationship with us;
§ to provide you with information on our and/or third party products, services, offers and/or contests which may be of interest to you and in this respect, to contact you via SMS, phone or mobile device, email, fax, mail, websites or browsers, social media and/or any other appropriate communication channels;
§ to improve our products and services and/or to develop new products and services;
§ to notify you about benefits and changes to the features of products and services;
§ to administer offers, competitions and/or promotions;
§ to respond to your enquiries and complaints and to generally resolve disputes;
§ to update, consolidate and/or improve the accuracy of our records;
§ to produce data, reports and/or statistics which have been anonymized or aggregated in a manner that does not identify you as an individual;
§ to conduct research for analytical purposes including, but not limited to, data mining and/or analysis of your transactions with us;
§ to meet the disclosure requirements of any law binding upon Solusi Ciptaan;
§ for audit, compliance and/or risk management purposes;
§ to transfer or assign our rights, interests and/or obligations under any of your agreements with us to the relevant entity, if necessary;
§ to protect or enforce our rights to recover any debt owing to us;
§ to conduct anti-money laundering checks for crime detection, investigation, prevention and, if applicable, prosecution;
§ to comply with any sanction requirements;
§ to enforce and/or defend any of our rights; and/or
§ for any other purpose that is required or permitted by any laws, regulations, guidelines and/or the relevant regulatory authorities.
Please be assured that we will ask for your consent before using your personal data for a purpose other than those that are set out in this Policy and in the privacy terms in your agreement(s) with Solusi Ciptaan via PakUde.com website.
DISCLOSURE OF YOUR PERSONAL DATA
Solusi Ciptaan does not sell, license, lease or otherwise disclose your personal information to any affiliate or third party for any reason except in accordance with the terms provided in this Policy. However, as part of providing you with our products and services by the management and/or operation of the same, we may be required or need to disclose your personal data and/or your financial facilities with us (as well as with entities within PakUde.com website) to the following third parties:-
§ entities, companies and/or organisations that act as our agents, affiliates, service providers, business partners, professional advisers, banks and/or financial institution, within or outside Malaysia, where necessary;
§ entities, companies and/or organisations which are assisting us in processing or otherwise in fulfilling the transactions that you have requested;
§ entities, companies and/or organisations which are assisting us in providing value added services that you have requested;
§ entities, companies and/or organisations which provide services to us in communicating our products and services to you;
§ your advisers (including, but not limited to, accountants, auditors, lawyers, financial advisers or other professional advisers) where they are authorised by you;
§ any other person notified by you as your authorised representative in providing instructions or to use the facility(ies) or products or services on your behalf;
§ any third party as a result of any restructuring of facilities granted to you;
§ any third party related to the sale and purchase of products provided in PakUde.com to you;
§ any third party upon the acquisition or purchase of any company by Solusi Ciptaan Sdn Bhd, provided that any recipient uses your information for the same purposes as it was originally supplied to us and/or used by us;
§ any guarantors or security providers for the facility(ies) granted by the relevant financier, through us, to you;
§ any person intending to settle any moneys outstanding under the facility(ies) granted by the relevant financier, through us, to you;
§ any rating agency, insurer or insurance broker or direct or indirect provider of credit protection;
§ any person connected to the enforcement or preservation of any of our rights under the agreement(s) you have with us,
subject at all times to any laws applicable to Solusi Ciptaan.
Additionally, the individual entities associated with Solusi Ciptaan (via PakUde.com website), our merchants and strategic partners may contact you about products, services and offers, which we believe may be of interest to you or benefit you financially. However, please note that we will only disclose your personal data (which will not include information relating to your affairs or accounts) to our merchants and strategic partners where your express prior consent has been obtained and subject at all times to any laws applicable to Solusi Ciptaan via PakUde.com website.
You may tell us at any time if you do not wish to receive marketing communications from us via PakUde.com website and/or from our merchants and strategic partners by notifying us at the address, telephone number or e-mail address given at the end of this Privacy Notice whereby your latest written instructions to us will prevail. In certain instances where marketing communications from us are sent via browser push to your mobile device, you will have to follow certain prescribed steps to discontinue the receipt of marketing communications from us. Please take note that certain communications in our websites contain standard information regarding our other products and services that cannot be removed without affecting the delivery/provision of our services and/or products.
We will otherwise treat your personal data as private and confidential and will not disclose your data to anyone outside Solusi Ciptaan (via PakUde.com website) except:-
· where you have given permission;
· with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer;
· to help us improve our services to you whereby we may engage another business to help us carry out certain internal functions, such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a non-affiliated third party with client information from our database, including your name, address, phone number, and/or e-mail address, to help us analyze and identify client needs, notify clients of product and service offerings or conduct general marketing and market research for us;
· when we forges partnerships and alliances with non-affiliated third parties which offer high-quality products and services that might be of value to our clients and in order to ensure that these high-quality products and services meet your needs and are delivered in a manner that is useful and relevant, Solusi Ciptaan may share some personal information with these non-affiliated third parties;
· where we are required or permitted to do so by law;
· where required or authorised by any order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction over Solusi Ciptaan (via PakUde.com website);
· where we may transfer rights and obligations pursuant to our agreement(s) with you; and/or
· where we are required to meet our obligations to any relevant regulatory authority.
We generally require that all non-affiliated third parties to which we provide your non-public personal information agree to keep your information confidential and use such information solely for the limited purpose for which we have engaged them, or as otherwise required by law. In addition, where offers are made to you by non-affiliated third parties, we generally require that they disclose that the offer is being extended because of your relationship with us. We also seek to ensure that these non-affiliated third parties maintain appropriate data security procedures to guard against unauthorized use of, or access to, your personal information.
If at any time you choose to purchase a product or service offered by another company, for example by clicking on an advertisement on a website owned or controlled by Solusi Ciptaan, any personal information you share with that company will no longer be controlled under our Privacy Policy. We are not responsible for the privacy policies or the content of sites we link to and we have no control over the use or protection of information provided by you to, or collected by, those websites. Whenever you elect to link to a co-branded website or to a linked website, you may be asked to provide registration or other information. Please note that the information you are providing is going to a third party, and you should familiarize yourself with the privacy policy published by that third party.
We are committed to safe-guarding your privacy. However, no data transmission over the internet can be guaranteed to be 100% secure. Accordingly, despite Solusi Ciptaan efforts to protect your personal data, Solusi Ciptaan cannot ensure or warrant the security of any information you transmitted to or from our online services. All such transmission of information is carried out at your own risk. However, once we received your transmission, we will make reasonable efforts to ensure its security in our systems.
Retention Of Your Personal Information
Solusi Ciptaan (via PakUde.com website) will retain your personal data in compliance with this Policy and other policies (if any) and/or the terms and conditions of your agreement(s) with Solusi Ciptaan for the duration of your relationship with us, throughout such period as may be necessary to protect the interests of Solusi Ciptaan and/or its customers, as Solusi Ciptaan may be deemed necessary and/or where otherwise required by the laws.
§ We employ security software, systems and procedures to offer you a safe and secure dealing environment and to protect your personal, financial and transaction information.
§ When you open an account with us, you are issued with a User ID and a password (as created by you). You are responsible for maintaining the secrecy of your UserID and password. We strongly recommend that you do not disclose this information to anyone.
§ On our websites and online account application (if any), we use technology to encrypt information transmitted by or to you. We use certificate authority (CA) to authenticate our websites, allowing you to verify that you are connected to our websites.
RIGHTS TO ACCESS PERSONAL INFORMATION
Under certain circumstances, such as with respect to our sharing of your personal information with non-affiliated third parties, you may inform us that you would like to "opt out" by contacting us through the contact information listed below.
Any dispute over our policies herein is subject to this notice and the Solusi Ciptaan License Agreement. If you have any questions that this Policy does not address, please contact our client services representative.
If you wish to connect, change or update your personal data or information, all you have to do is to go to your “Profile” page to do so. You will need to have your user id and password. You may likewise contact us at the contact details below:-
Attention: Privacy Issues (PakUde.com)
Email: info@pakude.com
Postal: Solusi Ciptaan Sdn Bhd
No. 5-4-2, Jalan 2/50
Diamond Square
Off Jalan Gombak
53000 Kuala Lumpur
You shall provide and maintain accurate, complete and current data of which you are required to do so upon registering an account via PakUde.com. You represent and warrant that all information furnished to us from time to time through its website or otherwise its correct, validly issued and legally binding on you.
You will be liable for any loss that resulted from any failure to notify us, via PakUde.com website, of such a change as a result of your omission, undue delay or your gross negligence. Where you fail to inform of any change in its address, Solusi Ciptaan shall be discharged from all their liabilities upon sending of any notice or document to the last known address.
In the event you may need to provide us with personal data relating to third parties (e.g. spouse or children or where you are designated person in charge (from an organisation or company) for dealing with us, if you are acquiring and are responsible for a service and/or product that they will use), you confirm that you have (i) obtained their consent or otherwise entitled to provide their personal data to us and for us to use accordingly, and (ii) informed them to read this Privacy Notice.
Solusi Ciptaan hereby reserved its right that, at any time, to satisfy itself as to your identity and personal details provided by you via PakUde.com for the purpose of preventing fraud and/or money laundering. Therefore, pending verification, we may withhold your access to your personal data. For avoidance of a doubt, you authorise Solusi Ciptaan to perform identity verification process directly or through the relevant third parties at any time as Solusi Ciptaan deem fit and appropriate.
When Can You Request Access?
You have the right to:-
§ confirmation that your personal information is being processed;
§ access to your information; and
§ other certain information (most of which should be in our privacy policy anyway).
You can request copies of paper and electric records about you that we hold, share or use. To deal with your request, we can request proof of identity and enough personal information to enable us to locate the personal information you request.
When Will Access Not Be Provided?
We can only provide you with your information, not personal information about another person. Also, where access would adversely affect another person’s rights, we’re not required to provide this. Due to legal privilege, we may not be able to show you anything that we learned in connection with a claim or legal proceeding.
Please clearly set out in your access request the personal information that you’re requesting. If this is not clear, we may come back to you to ask for further personal information by way of clarification.
Correcting Your Information
For any personal information which you are not able to access through your “Profile”, you have the right to obtain from us without undue delay the rectification of inaccurate personal information concerning you. If you tell us that the personal information we hold on you is incorrect, we will review it and if we agree with you, we will correct our records. If we do not agree with you, we will let you know. If you wish, you can tell us in writing that you believe our records still to be incorrect and we will include your statement when we give your personal information to anyone outside the Solusi Ciptaan affiliates, related and/or group of companies.
You may also have the right to have incomplete personal information completed, including by means of providing a supplementary statement. Whether or not this is appropriate in any particular case depending on the purposes for which your personal information is being processed.
We need to notify any third parties with whom we have shared your personal information that you have made a rectification request. We will take reasonable steps to do this, but if it is not possible or may involve disproportionate effort, we may not be able to do this or ensure they rectify the personal information they hold.
How You Can See And Correct Your Information
Generally, we will let you see the personal information that we hold about you, or take steps to correct any inaccurate information, if you ask us in writing. Due to legal privilege, we may not be able to show you anything that we learned in connection with a claim or legal proceeding.
Notification of Changes
We may amend this Policy at any time by emailing the amended terms to your designated email address and/or by posting the same on our website (PakUde.com). Your continued use of PakUde.com website shall constitute of your acceptance of any changes or additions to this Policy.
Your Privacy Rights
This section explains your rights in relation to your personal information in more detail. The various rights are not absolute and are subject to certain exceptions or qualifications.
You are entitled to receive personal information free of charge (via email only) except in the following circumstances where we may charge a reasonable fee to cover our administrative costs of providing the personal information for:-
§ manifestly unfounded or excessive/repeated requests; or
§ further copies of the same information;
Please consider your request responsibly before submitting it. We’ll respond as soon as we can. Generally, this will be within (1) one month from when we receive your request but, if the request is going to take longer to deal with, we’ll let you know.
In order to exercise any of the rights described above, please contact us:-
Attention: Privacy Issues (PakUde.com)
Email: info@pakude.com
Postal: Solusi Ciptaan Sdn Bhd
No. 5-4-2, Jalan 2/50
Diamond Square
Off Jalan Gombak
53000 Kuala Lumpur
When Can You Request Erasure?
Subject to our rights of refusal, you have a right to have your personal information erased, and to prevent processing, where:
§ the personal information is no longer necessary for the purpose it was originally collected/processed;
§ you withdraw consent;
§ you object to the processing and our legitimate interests in being able to keep processing your personal information don’t take priority;
§ we have been processing your personal information in breach of data protection laws; or
§ the personal information has to be erased in order to comply with a legal obligation.
When Can We Refuse Erasure Requests?
The right to erasure does not apply where we are required to retain it for legal or regulatory purposes or where your information is processed for certain specified reasons, including for the exercise or defence of legal claims. More importantly, if we have to erase your data we may not be able to provide you with our services.
Do We Have To Tell Other Recipients Of Your Personal Information About Your Erasure Request?
Where we have provided the personal information you want to be erased to third parties, we need to inform them about your erasure request, so they can erase the personal information in question. We’ll take reasonable steps to do this, but this may not always be possible or may involve disproportionate effort. It may also be that the recipient is not required/able to erase your personal information because one of the exemptions above applies.
Version 2.0:2021/09