Complying the PDPA Act 2010 in Malaysia
- This is the personal data privacy notice (“Notice”) of Agensi Pekerjaan Job Search Asia Sdn. Bhd. (“Job Search Asia”), (“we”, “us”, or “our”).
- At Job Search Asia, we are committed to protecting your privacy in accordance with the Personal Data Protection Act 2010 of Malaysia (“PDPA”).
- This Notice explains:
- The type of personal data we collect;
- How we collect the personal data;
- The purposes of collecting the personal data and how we use it;
- The parties that we disclose the personal data to; and
- How to access and update your personal data.
- By providing your personal data to us and/or continuing access to our website at seekers.my (“Site”), you declare that you have read and understood this Notice and agree to us processing your personal data in accordance with the manner as set out in this Notice.
- PERSONAL DATA THAT WE COLLECT (‘PERSONAL DATA’)
The personal data that we collected may include but not limited to the following:
- IC number;
- Employer details;
- Passport details;
- Visa details;
- Your image;
- Date of birth;
- Email address;
- Contact details;
- Working experience;
- Academic Qualifications;
- Aptitude test results;
- Personal interests and preferences;
- Opinions about your work performance (e.g. references and/or complaints);
- Information in connection with your previous and/or current employment;
- Information in connection with your possible work placement; and
- Other sensitive personal information which may include some information about your physical or mental health or condition, political opinions, religious or similar beliefs, commission or allegations of an offence and other sensitive personal information.
- HOW WE COLLECT YOUR PERSONAL DATA
We may collect personal data from you, from third parties, or from publicly available sources which may include but not limited to:-
- When you visit our Site ;
- When you register for our services (e.g. when you complete and submit one of our registration forms or provide any other information in connection with your possible or actual work placements or applications);
- When we receive any references about you;
- When we receive any information from your former employers, colleagues, professional associations or registration body;
- When we receive any competency result, medical test or background checks report;
- When we receive any complaint or other information about you at your workplace;
- When we receive information about any insurance investigation, legal action, professional disciplinary action, inquest or inquiry taken against you;
- When we receive information about any workplace accident which involved you;
- When you contact Job Search Asia directly through various methods such as, email, telephone, mail, email or any other means; and
- When you provide us any additional information about you.
- PURPOSES OF COLLECTING AND USE OF PERSONAL DATA (‘PURPOSES’)
The purposes for which Job Search Asia processes your personal information are as follows:-
- To establish/verify your identity and background;
- To assess and/or verify your employability and credit worthiness;
- To conduct criminal record checks;
- To provide the Job Search Asia Services which you have requested;
- To administer and manage the Job Search Asia Services provided to you;
- To contact you in respect of Job Search Asia Services (to send you important information regarding changes to our policies, other terms and conditions, renewal of policies, Job Search Asia services and other administrative information);
- To inform you of the possible work opportunities or other events such as, training or information sessions via mail, email or SMS;
- To improve placement opportunities for you;
- To improve your career prospects by supplying your information to our strategic partners;
- To verify your academic and professional qualification by contacting the school/college/university/institute/professional qualifying bodies;
- To contact referee and/or the guarantor whom details have been provided by you;
- To consider you for future suitable job position;
- To provide career guidance or career management to you;
- To inform you about any test or assessment (including medical test and assessment) that you might be required to undergo;
- To identify your training needs;
- To assess your ongoing performance and prospects;
- To investigate any complaint or inquiry made against you;
- To provide workplace rehabilitation;
- To process payments, receive or respond to billing enquiries;
- To investigate, resolve or respond to any enquiries, complaints, comments or feedbacks that you submit to us regarding Job Search Asia Services;
- To conduct research, development, management, statistical analysis, business systems, infrastructure testing and other business purposes to assist Job Search Asia to identify trends and improve our services that reflect your interests;
- To monitor, maintain, develop and improve the performance of Job Search Asia Websites and Job Search Asia Services;
- To implement or assist with routine maintenance or disruption;
- For direct marketing purposes via SMS, email, mail, social media;
- To enable the hosting of our front office database;
- For purpose of staff training and quality assurance;
- For internal management of the services provided to you;
- To update, consolidate and improve the accuracy of our internal records;
- To maintain records required for security, claims or other purposes;
- To provide other functions in support of Job Search Asia Services or products;
- To comply with any legal or regulatory obligations under the applicable laws, regulations or guidelines that applies to us; and
- For any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities.
The collection and process of your personal data is obligatory. Failure to provide such personal information/sensitive personal information or revocation of your consent to process personal information/sensitive personal information provided may affect or limit Job Search Asia’s ability to provide our services to you or to fulfil the Purposes set out in herein.
- WITH WHOM WE SHARE YOUR PERSONAL DATA
Your personal data held by us shall be kept confidential. However, to provide you with our services and to fulfil the Purposes set out herein, we may be required or need to disclose such personal data to the following third parties including but without limitation to:
- The employers (including potential employers);
- The federal or state government;
- The law enforcement agencies;
- The government agencies;
- Our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business on a strictly confidential basis, appointed by us to provide services to us;
- Data centres and/or servers located within or outside Malaysia for data storage purposes;
- Companies or organisations that assist us in providing you with services that you have requested;
- The school/college/university/institute you studied at and your referees so as to verify your academic qualification;
- Professional qualifying bodies where you obtained your accreditation;
- Regulatory bodies, governmental bodies or other authorities if required or authorized to do so to discharge any regulatory function, under any law or in relation to any order or judgment of a court;
- Regulatory bodies, governmental bodies or other authorities for the purpose of detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders, or for an investigation relating to any of these;
- Any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceedings;
- Any other person reasonably requiring the same in order for Job Search Asia to operate and maintain our business or carry out the activities set out in the Purposes; and
- Otherwise permitted under any data protection legislation.
- TRANSFER OF YOUR PERSONAL INFORMATION OUTSIDE OF MALAYSIA
- In order for Job Search Asia to provide services to you, it may be necessary for us to transfer your personal data to entities located outside Malaysia. Your personal data may also be stored on servers located outside Malaysia.
- Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia under the laws of Malaysia.
- You hereby expressly consent to us transferring your personal data outside of Malaysia for such purposes.
- We shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your personal data other than for the Purposes set out herein and to adequately protect the confidentiality and privacy of your personal data.
- YOUR RIGHTS TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION
- Under the PDPA, you have the right to access your personal data. To request access to your personal data, you will need to complete an application form verifying your identity and specifying what information you would like to access. It may take time for us to respond to your request to access as we might need to retrieve information from the storage and review what information we can provide you.
- Depending on the circumstances, we reserve the right to charge you a reasonable administrative fee, in the amounts as permitted under law. Please contact us for more information.
- You also have the right to correct your personal data. If there are any changes to your personal data or if you are of the opinion that the personal data we have about you is inaccurate, incomplete, misleading or not up-to-date, please contact us to update your personal data.
- Kindly note that, we have the right to refuse your request to access your personal data for the reasons permitted under the law, such as where the expense of providing access to you is disproportionate to the risks to your privacy, or where the rights of others may also be violated, amongst other reasons.
- PERSONAL DATA OF THIRD PARTIES
Where you have provided to Job Search Asia Personal Data about someone other than yourself (e.g. your referee or guarantor). You hereby confirm that you have obtained the consent from the person(s) whose Personal Data may be given to us by you or identified from your personal data which may be processed by us for the Purposes stated herein including disclosure to the parties stated herein.
- CHANGES TO THIS PRIVACY NOTICE & YOUR PERSONAL DATA
- We reserve the right to modify, update and/or amend this Notice from time to time. If there are any changes to this Notice, we will notify you where appropriate and notice of such changes will be posted on our Site. Please log on to our Site and check this Notice regularly to stay informed on how we are protecting your personal data.
- By continuing to use the services and/or access to our Site, you will be treated as having agreed to and accepted all recent amendments made to this Notice.
- CONTACT DETAILS
If you have any questions about this Notice, or have any further queries, or would like to make a complaint or data access or correction request in respect of your personal data, please contact our Privacy Officer at [email protected]