privacy policy

Privacy Policy

Data Privacy

In relation to all personal information obtained pursuant to this Agreement, the Parties agree that user data that is of personally identifiable nature under the Personal Data Protection Act 2010 (“PDPA”) shall strictly not to be used for the purpose of ad targeting, in accordance with the widely accepted industry norms as set out in Personal Data Protection.

Personal Data Protection

In respect of Personal Data, each Party agrees and warrants that it shall:-

  1. observe and comply with the provisions of the PDPA as amended from time to time;
  2. comply with any requests made or directions given by the other Party in connection with the requirements of the PDPA;
  3. not do or permit anything to be done which might jeopardise or contravene the terms of any registration, notification or authorisation effected, issued or given under the PDPA which each Party or any of its subsidiaries are bound to comply with;
  4. not process any of the Personal Data in fulfilling its obligations under this Agreement unless it is acting on the express instructions of the other Party, and such Personal Data shall be treated as Confidential Information for the purpose of this Agreement;
  5. use the Personal Data which has been obtained by or made available through or made available to the other Party only for the purposes of fulfilling its obligations under this Agreement and comply with the instructions of the other Party from time to time in connection with use of such Personal Data, and not retain the Personal Data for any longer than is necessary for the purposes;
  6. not disclose the Personal Data which has been obtained by or made available through or made available to it without the written authority of the other Party and immediately notify the other Party as soon as it becomes aware that a disclosure of the Personal Data may be required by law, and where there is a transfer of the Personal Data, maintain a list of disclosure to third parties as required under the PDPA;
  7. not transfer the Personal Data which has been obtained by or made available through or made available to it within Malaysia or outside Malaysia, or allow persons outside Malaysia to have access to it, without the prior written approval of the other Party;
  8. take practical steps to ensure the security of the Personal Data which has been obtained by or made available through or made available to the other Party, and consider all suggestions by the other Party to ensure that the level of protection provided for such Personal Data is in accordance with this Agreement and make the changes suggested (at the first Party’s cost) unless the first Party can prove to the reasonable satisfaction of the other Party that they are not necessary or desirable to ensure ongoing compliance with this clause;
  9. ensure that it has in place a system or procedure wherein the Personal Data will be kept and stored in accordance with industry best practices which include appropriate administrative, physical and technical safeguards to secure data from unauthorised access, disclosure and use to ensure compliance with the rules and provisions contained in the PDPA (as amended from time to time); and
  10. immediately notify the other Party when it becomes aware of a breach in the provisions of the PDPA.

Except that the confidential information is:

  1. collected via independently developed platform/tools by the receiving party without use of or reference to the disclosing party's Confidential Information;
  2. is disclosed by the receiving party pursuant to the disclosing party's prior written approval;
  3. on a "need-to-know" basis to third parties that have signed a non-disclosure agreement containing provisions substantially as protective as the terms of this Section and such party has obtained the written consent through that disclosure from the party that provided the Confidential Information.
  4. “Need-To-Know” means the necessity to have access to Classified Information in the scope of given official duties and/or for the performance of a specific task and/or is required by law.

Personal Data Usage and Practices

Last Updated : 17 May 2022
  1. WHAT PERSONAL DATA DO WE COLLECT AND HOW DO WE COLLECT IT?

    Personal data means any information that can be used to identify directly or indirectly a specific individual. We collect your personal data for the purpose of using our service or join our Passionation Platform, Passionation as a data controller here to inform you all information you may need to know about using our services or joining our Passionation Platforms.

    You might refuse to provide us your personal data, but if you choose not to do so, we will not be able to provide you the Passionation Service. However, you may at any time choose to opt-out by deleting your account that you have created in the Profile Section of the app. By doing this, we will proceed to delete all of your personal data from our database.

    You may also choose to opt-out on providing only the essential part of your personal information while still continuing to have viewing access to the Passionation App services.

    We may collect personal data from a variety of sources. This includes:

    1. Personal data you give us directly.

      We collect data about how you use our services and products, such as the types of content you view or engage with, or the frequency and duration of your activities. We also collect personal data you provide us when you sign up for a marketing newsletter, complete a survey or register for an account to buy our products or to join our Passionation Platforms, and for any communication between you and us whether by e-mail, phone or other communication channels including our chatbot. In so doing, we may ask for personal data, which is your name, gender, date of birth, address, email address, telephone number, photographic images and your bank account’s detail;

    2. Personal data we collect automatically.

      We also receive and store certain types of personal data whenever you interact with us online. This shall be included but not limited to cookies we used to obtain personal data when your web browser accesses our websites or advertisements and other content served by or on behalf of us on other websites. We also collect your data when you search, post, participate in a contest or questionnaire or communicate with our customer service teams. Your personal data that we collect automatically include IP address, device ID, location data, computer and connection information such as browser type and version, time zone setting, browser plug-in types and versions, operating system, and purchase history. We also use our software tools to measure and collect information which include social listening tools to analyze sentiment about normal comments on your social media. The software tools may collect page response times, length of visits to certain pages, etc.; and

    3. Personal data we collect from third parties.

      We may use cookies and pixels from third party providers – such as Google, Facebook, Instagram, Twitter, YouTube and others via their official API – on our website to help provide more relevant experiences for you as a user. Such a cookie or pixel may be implemented on our company website which tags a visitor of the site, so that the visitor may be identified and advertisements can be served on that visitor via the relevant platforms.

  2. WHY DO WE COLLECT YOUR DATA?

    We collect your data to analyze your access behavior for media buying, response to your inquiry, handle any complaints, to develop and improve our services, communication methods and the functionality of our websites, to provide personalised services, communications and targeted advertising, to provide you with requested marketing materials, newsletters and also use it for applications enhancement.

  3. WHO DO WE SHARE YOUR PERSONAL DATA AND NON PERSONAL DATA WITH?

    We know that your personal data is confidential therefore, except as set forth in the Privacy Policy of Passionation, your personal data will never be shared with third parties without your consent. We may pass your personal data to our subsidiaries and affiliated companies so that they may contact you in connection with the objective of your inquiry or propose to you the run-on campaigns. Where we pass your personal data to our subsidiary or affiliated companies in another country, we will make sure that they apply the same level of protection to your information as we do. We may also disclose your information to third parties in the event of suspected fraud, legal requirement or in connection with our vendors and contractors, all as described below.

    Generally, we do not collect your personal data via our client's advertisements, and therefore, we do not sell, rent, or share your personal data collected on our or other websites to non-affiliated third parties.

    We may disclose your personal data to third parties when we reasonably believe we are obligated to do so by law, and in order to investigate, prevent, or take action regarding suspected or actual prohibited activities, including, but not limited to, fraud and situations involving potential threats to the physical safety of any person.

    In addition and if permitted by applicable law, we may also disclose and provide access to your personal data and non personal data to our vendors and contractors who are performing services on our behalf. However, such vendors and contractors are not permitted to use such user information for any purpose other than providing services to us.

  4. HOW DO WE PROTECT YOUR PERSONAL DATA?

    We follow generally accepted industry standards to protect against unauthorized access to, retention of, and disclosure of information. This includes undertaking necessary physical, electronic, and management activities required to protect information integrity, access, and use. Any information that is stored on our server is treated as confidential information. Please keep in mind, however, that despite these reasonable efforts to protect information on our servers, no method of transmission over the Internet is guaranteed to be secure. Therefore, while we strive to protect your information at all times, we cannot guarantee its absolute security.

  5. WHAT ARE YOUR RIGHTS?

    We follow generally accepted industry standards to protect against unauthorized access to, retention of, and disclosure of information. This includes undertaking necessary physical, electronic, and management activities required to protect information integrity, access, and use. Any information that is stored on our server is treated as confidential information. Please keep in mind, however, that despite these reasonable efforts to protect information on our servers, no method of transmission over the Internet is guaranteed to be secure. Therefore, while we strive to protect your information at all times, we cannot guarantee its absolute security.

    Your rights for your personal data are as follows:

    1. Right to be informed

      You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. Therefore, we’re providing you with the information in this Privacy Policy of Passionation. We also will inform you if we collect your personal data for other purposes rather than what we described above.

    2. Right to access/ right to rectify

      You always have the right to access, correct or update your personal data at any time. We understand the importance of this and should you want to exercise your rights, please contact us via the Contact Us on the app.

    3. Right to data portability

      The personal data you have provided us with may be portable. This means it can be moved, copied or transmitted electronically under certain circumstances.

    4. Right to object

      You have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from us notifying you or being contacted with varying potential opportunities).

    5. Right to erasure / right to be forgotten

      You have the right to request that we delete your data. If you wish to delete the personal data we hold about you, please let us know and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it.

    6. Right to restrict of processing

      you have the right to restrict the processing of your personal data.

    7. Right to withdraw the consent

      You have the right to withdraw your consent that you gave to us anytime by Contact Us via the contact us section on the app.

  6. CHILDREN'S PRIVACY

    We are sensitive to the issue of children's privacy. Therefore, our platforms are neither developed for, nor directed at, children. If you believe your child has provided us with Personal Identifiable Information, and you would like to have the information removed, please contact us via the contact us section on the app.

  7. CHANGES TO THIS PRIVACY POLICY

    We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

  8. HOW TO CONTACT US?

    If you have any questions about this Privacy Policy, please contact us at C501 & C502, Block C, Kelana Square, 17, Jalan SS7/26, Kelana Jaya, 47301, Petaling Jaya, Malaysia or reach us via email at enquiry@passionation.co.