2.1 For the purposes of this Personal Data Protection Policy, the following capitalised words shall have the meanings as ascribed to them:
Act - Means the Personal Data Protection Act 2010;
Personal Data - Shall mean any information in respect of commercial transactions, which (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2009;
Processing - In relation to personal data, means collecting, recording, holding or storing the personal data or carrying out any operation or set of operations on the personal data, including (a) the organisation, adaptation or alteration of personal data; (b) the retrieval, consultation or use of personal data; (c) the disclosure of personal data by transmission, transfer, dissemination or otherwise making available; or (d) the alignment, combination, correction, erasure or destruction of personal data; and
Services - Means collectively the products and services offered by ICON over its communications network.
3. PURPOSE OF COLLECTING PERSONAL DATA
You agree that all Personal Data collected and/or gathered by ICON may be used in one of the following ways ("Purposes"):
3.1 To update and maintain ICON's internal records, filing, systems and operations for the management and administration of the Services including but not limited to the purpose of billing you;
3.2 To conduct training for internal staff in relation to the Services;
3.3 To enforce any of your obligations in respect of the Services, including collection of the outstanding amounts due from you;
3.4 To activate, manage or administer payment or credit facilities with third party financial institutions as may from time to time be instructed by a subscriber of Services;
3.5 To investigate and resolve any service issues, billing queries, complaints, fraudulent activity or other enquiries that you submit to us regarding our network, monitor and improve the performance of our network, our Services, our customer relations teams and service providers and ICON Website;
3.6 To conduct market analysis, research and development to improve and/or to introduce Services to you;
3.7 To communicate, market, promote, offer or notify you on any enquiries or complaints, new services or products of ICON's group;
3.8 To support ICON group's business, planning and decision making processes;
3.9 To notify you on any updates, developments, or changes or new offerings of any Services including but not limited to any promotions, special offers and/or marketing launch;
3.10 To comply with any requirements of any laws or regulations or direction of any national, enforcement, regulatory body/agencies in respect of the Services and other incidental and associated purposes relating to any of the above.
4. DISCLOSURE TO THIRD PARTIES
In line with the express Purposes set out in Clause 3 above, ICON may disclose so much of any Personal Data collected or gathered to the following third parties:
4.1 To other telecommunications operators as part of the national inter-operator initiative to combat fraud and to prevent abuse of telecommunication services;
4.2 To any auditors, professional advisors, third party service providers, nominees, agents or contractors appointed by ICON in order to carry out the Purposes set out in Clause 3.1 above
4.3 To relevant national and other enforcement or regulatory agencies/bodies as part of any obligation imposed by law or in relation to any activity pertaining to the administration of justice, detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders or in the interests of national security;
4.4 To the Official Assignee's Office of the Insolvency Department of Malaysia for purposes of conducting a bankruptcy search;
4.5 To any relevant bank, financial institution or similar entity as may be instructed by you pursuant to any credit facility or payment mechanism initiated at your request;
4.6 To ICON's shareholders and between the companies which make up the ICON Group and to affiliated companies for the purpose of establishing and maintaining a common database of customers to avoid duplication;
4.7 To strategic partners that work with ICON to provide ICON's Services or that help market ICON's Services (such as our network of dealers);
4.8 To any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceeding;
4.9 To professional advisors appointed by ICON on a need to know basis for the purpose of those advisors providing advice to us;
4.10 To any third party which acquires all or part of the assets or business of ICON (including accounts and trade receivables) for the purpose of that third party continuing to provide all or that part of the business of ICON which it acquires or acquired (including any relevant Services);
4.11 To parties nominated or appointed by ICON either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where ICON has a legitimate common interest; and
4.12 Otherwise as required or permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010.
Save and except with your express consent, ICON shall maintain strict confidentiality of your Personal Data and not disclose any portion or part thereof to any other entity or third party aside from the ones listed in 4.1 above
5. CONSENT & RIGHT TO WITHDRAW CONSENT
You hereby agree and accept that by registering and/or continuing to use the Services, you authorise and consent to your Personal Data being processed by and where required, disclosed to classes of third parties as identified by ICON in Clause 4.1 above for the purposes of ICON providing the Services to you. For the avoidance of doubt, you also hereby explicitly consent to ICON processing any sensitive personal data relevant for such purposes.
Notwithstanding anything to the contrary, you may at any Icon withdraw your consent to ICON processing any Personal Data of yours or to any part or portion of the processing by sending to ICON at the address set out below a written notice of withdrawal and within the period prescribed under the Act, ICON 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 ICON's other legal obligations.
6. RIGHT TO ACCESS & CORRECT
You shall, upon written request, be granted access to all Personal Data held or stored or processed by ICON. To avoid confusion, "access" for the purposes of this provision shall mean notification of such Personal Data of yours that is being processed by or on behalf of ICON and to have a copy of such Personal Data communicated or conveyed to you in an intelligible form of ICON's choosing.
You may at any Icon make a written request to ICON to correct any Personal Data of yours that is inaccurate, incomplete, misleading or out-of-date and ICON shall, upon receipt of your written request for correction(s) and within the period prescribed under the Act, take all necessary measures to give effect to such correction(s).
7. SECURITY, STORAGE & DURATION OF DATA RETENTION
ICON shall ensure that all Personal Data collected by it shall be stored and/or filed in such manner as to ensure that the Personal Data maintains its accuracy, integrity, remains confidential, is protected against loss, misuse, modification and unauthorised or accidental access, disclosure, alteration, destruction or manipulation.
ICON shall store and/or retain all Personal Data only for as long as required for the fulfilment of the purposes stated in Clause 3 above or pursuant to any legal obligation imposed upon ICON in its operation of the Services or by virtue of any applicable law that may from time to time be in force.
8. EXCEPTIONS & EXCLUSION OF LIABILITY
Notwithstanding the foregoing provisions, ICON reserves the right to refuse to entertain any request for withdrawal of consent, access or correction in the following circumstances:
8.1 Where there is an insufficiency of information provided by you or any party making a request to enable ICON to positively locate or identify the Personal Data in question;
8.2 Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where ICON feels 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;
8.3 Where permitting access or correction would be tantamount to a violation of an order of Court;
8.4 In requests for access or for correction (excluding instances of withdrawal of consent):
i) where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy or that of the part making a request;
ii) where compliance with the request would involve the unauthorised disclosure of Personal Data belonging to a third party;
iii) where compliance would result in the disclosure of confidential commercial information; or
iv) where access is regulated by another law.
8.5 In the area of Personal Data protection, ICON shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of Personal Data in the following instances:
i) Where an act of nature or event outside the control of ICON results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;
ii) Where Personal Data is readily available or able to be found in the public domain; and
iii) Where despite ICON's best efforts, there is unauthorised access, modification, alteration, misuse, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under the control or direction of ICON.
9. NOTICES AND COMMUNICATIONS
9.1 Please direct any requests to withdraw consent (Clause 5.3) or to request access and/or correction to any Personal Data (Clause 6) as follows:
Corporate Communications Department
Address: Icon Offshore Berhad
Level 12A, East Wing, The Icon
No 1, Jalan 1/68F
Off Jalan Tun Razak
55000 Kuala Lumpur
Telephone: 603 2180 6300
Fax : 603 2165 1085
Email : Corpcomm@iconoffshore.com.my
9.2 We endeavour to take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our systems in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the Services to you that you;
9.2.1 provide us with the accurate and complete Personal Data of yourself and/or any relevant person (including their consents) for purposes of acquiring and/or subscription of the Services;
9.2.2 update us as and when such Personal Data provided earlier to us becomes incorrect or out of date by contacting our Customer Service as stipulated in Clause 9.1 above.
9.3 In the event you have provided ICON with any personal information of third party for the purposes of the Services, you shall:
9.3.1 undertake and warrant to ICON that you are in possession of all necessary consents and shall continue to maintain such consents as may be required for the processing and transfer of such personal information by ICON; and
9.3.2 agree that it shall be your responsibility to advise ICON in writing in the event there is any relevant change in the information including personal data supplied to ICON which requires action on the part of ICON
9.4 Please note that all notifications or other communications from you to ICON must be in writing, legible and contain your full name, current address, NRIC number and contact particulars. ICON reserves the right not to entertain any notices or communications which do not contain the foregoing particulars, are illegible, incomprehensible or where the party concerned cannot be contacted or where contact particulars are found to be incomplete, inaccurate or in error.