Current as of 7 December 2022

Privacy Policy

Dear Valued Users and Guests,

This Personal Data Protection Notice (“Notice”) is issued to all valued users and guests of MH Carmine Sdn Bhd and its affiliate (“Carmine”) pursuant to the Personal Data Protection Act 2010 [Act 709] (“PDPA”).

2. Throughout our interactions with you, we will gather and use the personal information you give us for a variety of purposes (collectively referred to as "purposes"), such as corresponding with you, offering you goods and/or services, responding to your inquiries, providing information and updates on our products, services, and promotions offered by Carmine, as well as other needs to run and maintain our business.

3. We are dedicated to preserving the security of your personal data. You have the right to ask us for access to, a copy of, an update on, or correction of the personal information we have about you. You have the right to ask us to restrict how we use and process your personal data at any time. Please forward your written inquiry to our Compliance Officer at support@carmine.my.

4. You are deemed to have read, understood, and accepted the terms of this notice and given your consent to Carmine's collection and processing of your personal data in accordance with this notice and our personal data protection policy by accessing this website and/or providing us with your personal information.

5. This personal data protection notice and our personal data protection policy are subject to periodic revision and update. Any changes will be communicated to you via announcements on our website or other suitable channels.

PERSONAL DATA PROTECTION POLICY

1. INTRODUCTION

1.1 The personal information we hold includes, but is not limited to, that of our clients, partners in joint ventures and businesses, suppliers, distributors, consumers, employees, and job seekers. The Personal Data Protection Act 2010 [Act 709], the applicable rules, guidelines, and orders promulgated under the Act 709, as well as any subsequent statutory amendments or re-enactments (collectively referred to as the "PDPA"), shall all govern how we handle your personal information.

1.2 You acknowledge that you have read and understand this policy and consent to the processing of your personal data by us in the ways described in this policy by giving your personal data to us and/or by continuing to visit and use our website (the "Site").

1.3 With appropriate advance notice to you, we reserve the right to change, update, and/or amend this policy from time to time. Any changes will be communicated to you via announcements on the site or other suitable channels. Please periodically visit the site to see if this policy has been modified.

1.4 If you disagree with this policy or any revisions to it, we might not be able to provide all of the services you require, and you might be compelled to cease the applicable agreement you have with us and/or stop using the site.

2. COLLECTION

2.1 The term "personal data" refers to any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or is identifiable from that and other information in our possession, including sensitive personal data as defined by the PDPA, which includes name, address, phone number, identification or passport number, date of birth, photograph, email address, household information, etc.

2.2 Various types of personal data are collected depending on the reason for collection. Your personal data may be processed by us through collection, recording, holding, storage, use, and/or disclosure.

2.3 Your personal information may be obtained from you in the course of your interactions with us in any way, including through conversations and/or transactions conducted with or on our behalf. In addition, we may obtain your personal data from a number of other places, such as events, seminars, road shows, and customer satisfaction surveys that we organise and/or support, as well as from publicly accessible sources.

2.4 In addition, for purposes such as delivering our products and/or services, carrying out the terms of agreements, and/or adhering to our legal and regulatory obligations, we may also receive, store, and process your personal data that is provided or made available by any third parties, including credit reference agencies, regulatory authorities, and law enforcement authorities.

2.5 The personal data that you give us, that we obtain from you, or that we obtain from other sources as may be required for the fulfilment of the objectives for which it was requested or obtained, may be used for the following things (referred to collectively as the "Purposes"):

a. to get in touch with you;

b. to sustain and enhance client relationships;

c. to evaluate, handle, and offer you products, services, and/or facilities;

d. to manage and complete any payments for the goods, services, and/or facilities you have requested;

e. to confirm your identity and history;

f. to address your questions, complaints, and any problems or disagreements you may have regarding any interactions with us;

g. to give you information and/or updates on our products, services, upcoming sales we'll be running, and/or events we'll be organising with carefully chosen third parties that might occasionally be of interest to you;

h. to conduct direct marketing campaigns by SMS, call, email, fax, mail, social media, and/or any other suitable methods of contact;

i. to make it easier for you to participate in and for us to administer any events, such as contests, promotions, or campaigns;

j. giving out points in a loyalty or rewards scheme;

k. to keep track of and update internal records;

l. to serve internal administrative needs;

m. to occasionally give you holiday pleasantries;

n. to invite you to our events, promotions, and product launch events;

o. to oversee, evaluate, and enhance our occasions, promotions, goods, and/or services;

p. to determine your creditworthiness and run credit reference checks as needed in order to provide you with the facilities, services, and/or products you require;

q. to manage and carry out your business transactions with us (such as a contract for services, tenancy agreement, or tender award);

r. to handle any payments connected to your business dealings with us;

s. to process and examine your personal data on an individual basis or in a group setting with other people;

t. to carry out market research, surveys, internal marketing analysis, customer profiling, analysis of consumer patterns and preferences, planning, statistical analysis, and trend analysis in connection with our goods and/or services;

u. to provide the auditor with any of your personal information for the purposes of internal auditing and reporting;

v. to disclose any of your personal data in accordance with any agreement or contract that you have duly entered into with us in order to obtain legal, financial, or other advice or to initiate legal action;

w. to collaborate on the creation of goods, services, or marketing campaigns with our joint venture or business partners using any of your personal data;

x. in order to apply for and receive insurance policy(ies), as well as, if necessary, share any of your personal information with insurance companies;

y. to provide any of your personal information to financial institutions in order to apply for and receive credit facility(ies);

z. for security, risk reduction, and auditing purposes;

aa. for spotting, looking into, and stopping fraudulent, forbidden, or criminal acts;

bb. for making it possible for us to carry out our duties and uphold our rights under any agreements or documents to which we are parties;

cc. to transfer or assign any of our rights, interests, or obligations arising from any contracts we may have with third parties;

dd. for adhering to all applicable legal and regulatory requirements, as well as for making disclosures in accordance with all bylaws, guidelines, court orders, and codes that apply to us;

ee. to adhere to our commitments under the relevant laws, legislation, and regulations and to enforce or defend our rights and your rights thereunder;

ff. in connection with your application for employment with us, to conduct verification and background checks as part of any recruitment and selection process; and/or

gg. You agree and consent to our using and processing your personal data for the purposes in the manner described in this policy, as well as for any additional purposes necessary to operate, maintain, and better manage our business and your relationship with us, which we will notify you of at the time we obtain your consent. Please let us know at the contact information listed below if you do not want us to process your personal data for one or more of the purposes listed.

2.6 Depending on the purposes for which your personal data is being collected, the acquisition of your personal data by us may be necessary or optional in nature. If you refuse to provide us with the personal data that is required of you or if you do not agree to the aforementioned or this policy, we will not be able to provide you with goods and/or services or engage in other business with you.

3. DISCLAIMER

Without your permission, we won't share, sell, rent, transfer, or otherwise deal with your personal information with any other party. However, for one or more of the aforementioned purposes, we might divulge your personal data to the following third parties:

a. Between Carmine and our foreign or Malaysian-linked companies and affiliates;

b. members of your close family and/or an emergency contact person who may occasionally be alerted to us;

c. our legal successors;

d. any person we have hired to help us fulfil our duties to you who is bound by a duty of secrecy and who has agreed to keep your personal data private;

e. any party in connection with ongoing or upcoming judicial procedures;

f. our auditors, consultants, attorneys, accountants, or other financial or professional advisers hired on a strictly secret basis in connection with our business to perform services for us;

g. any party we choose or appoint to create and manage a shared database where we have a valid shared interest, whether alone or in partnership with other service providers;

h. data centres and/or servers situated in Malaysia or elsewhere for the storage of data or other purposes;

i. payment methods, such as financial institutions, for the purpose of determining, verifying, carrying out, and facilitating payment of any amount owed to us in connection with your purchase of our goods and/or services;

j. government entities, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries and/or statutory agencies or bodies, offices, or municipalities in any jurisdiction, if required or authorised to do so, in order to satisfy any applicable law, regulation, order, or judgement of a court or tribunal, or inquiries from relevant authorities; 

k. Our joint venture/business partners, third-party product and/or service providers, suppliers, vendors, contractors, data processors, or agents that provide related products and/or services in connection with our business, or discharge or perform one or more of the aforementioned purposes and other tasks necessary to run and maintain our business, including but not limited to call centres, telecommunications companies, logistics companies, information technology companies, and others.

l. financial institutions for the purpose of applying for and, if necessary, obtaining credit facility(ies); 

m. companies that handle credit cards, merchants, and financial institutions in connection with your business dealings with us;

n. the general public when your name, image, and other Personal Data are published without charge for publicity and advertising purposes after you win a contest;

o. in connection with your application for employment with us, to third-party credit reporting or employment agencies as part of the recruitment and selection process;

p. Your personal data may be required to be disclosed or transferred to a third party as a result of or in connection with the Transactions in the event of a potential, proposed, or actual sale or disposition of any of our business or interests, a merger, acquisition, consolidation, reorganisation, funding exercise, or asset sale relating to us ("Transaction").

q. In order for us to run and maintain our business or carry out the activities outlined in the Purposes, you hereby acknowledge that such disclosure and transfer may occur and grant us permission to disclose and transfer your personal data to such a third party and its advisors and representatives and/or any other person reasonably in need of such information.

4. ACCURACY

We work hard to ensure that all personal data is as accurate, complete, truthful, current, and reliable as possible. As a result, the information you supply has a significant impact on how accurate your personal data is. Therefore, it is a requirement of ours that you: before we provide the goods, services, and/or facilities to you;

a. For the purposes of obtaining or using the relevant products, services, and/or facilities, you warrant and declare that all of your personal information submitted to us or to be submitted to us is accurate, not misleading, updated, and complete in all respects; you have not withheld any personal information that may be material in any respect; and we are authorised to assume the accuracy and up-to-date of the personal information given by you when processing such personal information.

b. quickly notify us if any of the previously supplied Personal Data proves to be incorrect, incomplete, misleading, out-of-date, or changes in any other manner by contacting us at the information provided below.

5. ACCESS

5.1 Subject to the PDPA's exceptions, you have the right to ask us for access to, a copy of, or corrections to your personal data that we have on file. To offset the administrative costs associated with processing your request to access your personal data, we may impose a nominal fee (up to the maximum allowed by the PDPA).

5.2 With regard to your right to access and/or correct your personal data, we reserve the right to reject your request for the reasons allowed by law, including, among other things, when giving you access would be prohibitively expensive compared to the privacy risks involved or when doing so might also violate the rights of others.

5.3 You have the right to ask us to restrict how we use and process your personal data at any time (for example, by requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).

5.4 In addition, you have the right to notify us in writing of your decision to withdraw your previously granted permission to us in whole or in part, subject to any applicable legal limitations, contractual requirements, and a reasonable amount of time for the withdrawal to take effect. However, if you withdraw your consent, there can be some legal repercussions as a result. In this regard, based on the extent to which you withdraw your consent for us to handle your personal data, it may be necessary to discontinue your contract with us or for us to be unable to maintain your current relationship with us.

6. RETENTION

We keep any personal information you provide us for the duration of the original purpose for which it was collected. If your personal information is no longer needed for the aforementioned purposes, it will be deleted from our systems and records in accordance with our retention policy, unless a longer retention period is necessary to satisfy operational, legal, regulatory, tax, or accounting requirements.

7. SECURITY

7.1 We are dedicated to protecting the security of your personal data. We make an 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, as well as the accidental loss, damage to, alteration of, unauthorised disclosure of, or acc.

7.2 By updating our security measures on a regular basis, we ensure that authorised third parties only use your personal data for the purposes outlined in this policy. 

7.3. The Internet is not a safe channel. However, we shall implement a number of security measures in relation to the site and your electronic correspondence with us. Everyone who works for us, including our joint venture/business partners, agents, contractors, vendors, suppliers, data processors, and third-party product and/or service providers, and who has access to or is involved in the processing of your personal data, is under a duty to protect its privacy.

7.4 Thank you for being aware that Internet communications, such as emails and webmail, are not safe unless they have been encrypted. Due to the nature of the World Wide Web and Internet, your communications may be sent via several nations before being delivered.

7.5 We cannot accept responsibility for any unauthorised access, interception, or loss of personal data because it is beyond our reasonable control. 

8. TRANSFER OUTSIDE OF MALAYSIA

Our servers and data storage facilities may be situated outside of Malaysia in other countries. This could happen, among other things, when your personal data is kept on servers located outside of Malaysia. Additionally, if you access the site from a country other than Malaysia, your personal data might be disclosed or transferred to organisations there. Please be aware that these foreign organisations might have been founded in nations that don't provide the same level of data protection as Malaysia does under its own laws. By signing below, you give us express permission to transfer your personal data outside of Malaysia for these purposes. We will make an effort to see to it that reasonable measures are taken to ensure that all such third parties outside of Malaysia do not use your personal data for any other purpose than that specified in that part of the purposes and to ensure that your personal data is adequately protected in terms of confidentiality and privacy.

9. EXTERNAL LINKS

9.1 If any portion of the site contains links to other websites, we disclaim all responsibility and liability for those websites since they do not operate in accordance with this policy.

9.2 Similarly, if you subscribe to an application, piece of content, or product from one of our strategic partners and later give that third party your personal information, that information will be governed by that third party's privacy and data protection policy (if it exists) and not by this Policy.

9.3 Before providing your Personal Data to those websites, we advise you to read and comprehend the privacy/personal data protection statement/policy posted on those other websites in order to become familiar with their methods for gathering, processing, using, and disclosing personal data.

10. COOKIES

10.1 We use "cookies," a technology that is accepted throughout the business. We use the cookie, a little data file that is saved for record-keeping purposes on the hard drive of your computer or other device, to keep track of your visits to the Site. To make using the site easier and more convenient for you, cookies may be used to save your preferences. When delivering advertisements, third-party advertising networks could send their own unique cookies to your hard disc.

10.2 Your Internet Protocol address, the web browser you used, the date and time of your visit to the Site, and whether or not your requests—including search requests and clicking on links to specific parts of the Site—were fulfilled—all fall under the category of anonymous clickstream data that we can gather through cookies. You cannot be recognised from any of the data that is gathered by cookies and is not personal data. Such data is only used to manage and optimise the user experience, as well as to spot areas where the site might be improved.

10.3 Most major websites now employ cookies, which means that their use has become industry standard. Most browsers have cookies enabled by default. You can choose to reset your browser so that it will either warn you when you've got a cookie or not accept them. You should be aware that if your browser is configured to not allow cookies, certain functions on the site won't operate as intended.

11. CONTACT

You can get in touch with our Compliance Officer at support@carmine.my if you have any questions about this policy, any additional inquiries, or if you'd like to file a complaint or request data access or correction regarding your personal data.12.

12. LANGUAGE

The provisions of this English-language personal data privacy policy shall take precedence over its equivalent Bahasa Malaysia personal data privacy policy in the case of any inconsistency.