This Personal Data Protection Notice ("Notice") describes how Poptron Malaysia Sdn Bhd (a company incorporated under the laws of Malaysia with its place of business at B2-06-13A, Solaris Dutamas, No. 1, Jalan Dutamas 1, 50480 Kuala Lumpur, Malaysia) including its officers, employees, stakeholders, associated companies, subsidiaries, affiliates, partners, website operators, related corporations, successors, assigns, licensees, agents, independent contractors and other third parties that Poptron Malaysia Sdn Bhd is associated with from time to time, (collectively referred to as "Poptron") is committed in using and safeguarding the privacy of your Personal Data in compliance with the Personal Data Protection Act 2010 (“PDPA”). This Notice is formulated with the purpose to explain to you how Poptron uses your Personal Data and is to be read together with other privacy policies and such terms and conditions of use as may be prescribed by Poptron from time to time, and any other agreements you may have with Poptron (if any).
In the event of any conflict between the English and other language versions of this Notice, the English version shall prevail. Poptron shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on the website located at [ ] or via such electronic platforms owned and/or operated by Poptron (collectively "Platforms"). By continuing to communicate with Poptron or by continuing to engage Poptron for services or use Poptron's services or by continuing to provide Personal Data (whether in person, by e-mail, telephone conversation, facsimile transmission, letter, or otherwise) following the modifications, updates or amendments to this Notice, you shall be deemed to have agreed to and accepted such modifications, updates or amendments.
For the purposes of this Notice:
“Personal Data” means all information and expressions of opinions that is directly or indirectly relating to a person, who is identified or identifiable from that information or expressions of opinions, including but without limitation, information and expressions of opinions in respect to physical or mental health, racial or ethnic origin, religious or similar beliefs and/or in respect of criminal or civil proceedings.
Examples of Personal Data that may be Processed by Poptron includes but are not limited to your personal details either from you or someone else for whom you are making a booking or registration, including but not limited to your name, address, telephone number, NRIC/Passport No., email address, , personal preferences, IP addresses, social media details, content preferences, financial information (including bank account information, credit card details, and deposit amount), any registration made by you or someone else or other third party authorized by you (either directly or via any communication method including writing, electronically or verbally requesting Poptron to provide services, or information), any messages, comments or feedback that you submit either personally to Poptron, email or via the Platforms, photographs and images, recordings, and any information and/or expressions of opinions which may identify you, that has been or may be collected, stored, used and Processed by Poptron, and any other information which may identify you which you have provided to Poptron and/or are incidental from such Personal Data.
“Process”, “Processed” or “Processing” all means the collection, usage, recording, storing, retention, disclosure, and other operation or set of operations relating to Personal Data as described in the PDPA.
By downloading and/or utilising any of the Platforms, or by engaging Poptron to provide services or by interacting with Poptron either at our events, seminars, webinars, place of business, or otherwise, or by using and/or visiting and/or uploading Personal Data to the Platforms or by viewing, posting and/or commenting on our social media pages and/or accounts, you consent to the Processing of your Personal Data by Poptron and all persons involved in the provision of services by Poptron.
Collection of Personal Data
In addition to the Personal Data you provide to Poptron directly (i.e. during your communications with Poptron and/or when you submit your Personal Data to Poptron via the Platforms and/or engage Poptron to provide services or otherwise), Poptron may also collect your Personal Data from a variety of sources, including without limitation:
(a) from the visitation of or entry at our place of business, premises owned and/or occupied by us, events, activities (interactive or otherwise), exhibitions, seminars, webinars, demonstrations, performances or otherwise; and/or
(b) registration or attendance at any event or otherwise organised or sponsored by Poptron, whether solely or in association/partnership with any third parties; and/or
(c) persons that you have appointed and authorised Poptron to communicate with such as representatives or liaison, and emergency contacts; and/or
(d) from the regulatory and governmental authorities; and/or
(e) information that is publicly available such as, but not limited to online search tools like Google, Twitter and LinkedIn; and/or
(f) from the cookies used on the Platforms and/or from Poptron’s social media pages and/or accounts; and/or
(g) from such other sources which you have given your consent and authorisation.
The provision of your Personal Data is voluntary. However, if you do not provide your Personal Data, where essential, or disable cookies, Poptron may not be able to: (a) communicate with you; (b) provide to you the services that you may require; (c) provide you with access to certain sections of the Platforms; or (d) enable all features in the Platforms to function (for example, but not limited to, enable flash videos to be played, ensure you need not input content, language and region preferences each time you visit or browse the Platforms).
When you visit the Platforms, Poptron may record certain information in relation to your visit such as:
(a) your IP or proxy server IP address;
(b) basic domain information;
(c) your internet service provider;
(d) the date and time of your visit to the Platforms;
(e) the length of your session;
(f) the pages which you have accessed;
(g) the number of times you access the Platforms within any month;
(h) the size of the files you look at;
(i) the website which referred you to the Platforms; and
(j) the operating system which your computer uses.
Various pages on the Platforms also invite you to provide us with your name and contact details, for example, to be added to our mailing list for our newsletter or to enter competitions.
We also collect information from people who use the Platforms, to send news, information about our activities and general promotional material which we believe may be useful to you or us; to monitor who is accessing the Platforms and to profile the type of people accessing the Platforms.
Please note that children under the age of 18 years old (“Minor”) shall be accompanied by the relevant parents, legal guardians and/or representatives when visiting or browsing the Platforms and/or when using the services that are available on the Platforms and/or visiting premises owned and/or occupied by us and/or when attending any of Poptron’s events, activities (interactive or otherwise), exhibitions, seminars, webinars, demonstrations, or otherwise. Where the relevant parents, legal guardians and/or representatives have authorised a Minor(s) to visit or browse the Platforms and/or use any of the services available in the same and/or visit premises owned and/or occupied by us and/or when attending any of Poptron’s events, activities (interactive or otherwise), exhibitions, seminars, webinars, demonstrations, or otherwise, the relevant parents, legal guardians and/or representatives shall be fully responsible for: (a) the conduct of such Minor(s), (b) the controlling of the Minor(s)’ access to and use of the Platforms and the services contained therein and/or the premises owned and/or occupied by us and/or when attending any of Poptron’s events, activities (interactive or otherwise), exhibitions, seminars, webinars, demonstrations, or otherwise, and (c) the consequences of any misuse by the Minor(s), including but not limited to transactions entered into by the Minor(s) from such access and use.
Purposes of Processing
Poptron may use and Process your Personal Data for the purposes relating to the services you have requested and for the business activities of Poptron which shall include, without limitation:
(a) to communicate with you and/or such other persons as may be required for the purpose and purposes connected thereto;
(b) to respond to questions and comments and complaints and to generally resolve disputes, if any;
(c) fulfilling contractual obligations to you;
(d) to provide privileges, benefits and services to you;
(e) to contact the persons you have provided Personal Data of, such as representatives or liaison and/or emergency contacts and/or guests;
(f) to provide services offered by Poptron as desired by you;
(g) to offer you current and future opportunities, news, updates and promotions;
(h) to conduct market research and analysis, customer satisfaction and quality assurance surveys;
(i) for direct marketing through voice calls, text messages, email, direct mail, facsimile messages, and/or other forms of electronic communication now known or hereafter devised, and other forms of in-app advertisements all in connection with opportunities and updates from Poptron;
(j) to enable all features in the Platforms to fully function;
(k) for verification and identification purposes;
(l) for general administrative and record-keeping purposes;
(m) for the purpose of conducting investigations;
(n) to provide information to regulatory and governmental authorities in order to comply with statutory and government requirements;
(o) for Poptron to comply with its obligations under the law and such other purposes that is required or permitted by any law, regulations, guidelines, circulars, and/or relevant regulatory authorities;
(p) in connection with any legal proceedings or prospective legal proceedings;
(q) for compliance with health and safety legislation;
(r) to protect the vital interests (e.g. life, death, health and/or security) of another person; and
(s) to establish, exercise or defend Poptron's legal rights,
and you agree and consent to Poptron using and Processing your Personal Data in the manner as identified in this Notice.
Poptron may also use and Process your data for other purposes such as:-
(a) to send you materials such as newsletters, articles, write-ups as well as other updates;
(b) to the purchaser (or prospective purchaser) of any business or asset which Poptron is (or is contemplating) selling;
(c) for the purposes of disaster recovery; and
(d) to distribute information or details of events, seminars, webinars, conferences, and talks which may be of interest to you,
by way of email and/or other forms of electronic communication now known or hereafter devised, or physical mail which includes, but is not limited to, registered post and postcards.
If you do not consent to Poptron Processing your Personal Data for the purposes listed above, please notify Poptron using the contact details stated below.
Transfer of Personal Data
As Poptron's information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and Processed in a jurisdiction other than Malaysia. Further, your Personal Data may be transferred out of Malaysia for the purposes as described above where such publications and journals are located outside of Malaysia. You understand and consent to the transfer of your Personal Data out of Malaysia as described herein.
Disclosure to Third Parties
Poptron may engage other companies, service providers or individuals to perform functions on Poptron's behalf, and consequently may provide access or disclose to your Personal Data to the third parties such as those listed below (not exhaustive):
(a) other business partners, website operators, industry associations, service providers, professional advisers or individuals to perform Poptron’s functions on its behalf, including, but not limited to Poptron’s agents, contractors, sub-contractors, consultants and service providers that provide advisory, accounting, auditing, financial services (including banks), legal services, information technology, data entry, storage facility, security and/or insurance services;
(b) specified parties that Poptron were ordered or directed to disclose pursuant to an order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction over Poptron;
(c) other third parties authorised by yourself;
(e) regulatory and governmental authorities in order to comply with statutory and government requirements; and/or
(f) to any person who is or may potentially be exposed to risks of contracting a pathogen and/or whose vital interest (e.g. life, death, health, and/or security) may be jeopardized by virtue of close contact and/or proximity with you.
This Notice only applies to the Processing of Personal Data by Poptron for the purposes specified in this Notice. It does not cover (a) the Processing of Personal Data conducted by Poptron for any other purposes not specified in this Notice; (b) the privacy policies and conduct of any third parties, even if such third parties are related to Poptron; and (c) third party sites to which we provide links, even if such sites are co-branded with our logo. Poptron does not share/sell your Personal Data with/to third party websites. Poptron is not responsible for the privacy and conduct practices of these third-party websites, or such other sites which you may have been linked or directed to via the Platforms. You should read the privacy policies of such third-party websites before disclosure of any Personal Data to these websites.
Poptron will not sell your personal information to any third party without your permission, but we cannot be responsible or held liable for the actions of third-party sites which you may have linked or been directed to the Platforms.
Access & Correction Requests and Inquiries
The provision of your Personal Data is voluntary. Subject to any exceptions under applicable laws, you may at any time hereafter request for (a) access to your Personal Data, (b) correction or rectification of your Personal Data, (c) to limit the Processing of your Personal Data, and (e) seek further information from Poptron by contacting:-
POPTRON MALAYSIA SDN BHD
Name : Brian Johnson Lowe
Designation : Chief Executive Officer
Address : Poptron Malaysia Sdn. Bhd. MOX, Level 4, Level 4, Sunway Putra Mall, 100, Jalan Putra, Chow Kit, 50350 Kuala Lumpur
Email address : firstname.lastname@example.org
In respect of your right to access and/or correct your Personal Data, Poptron has the right to refuse your requests to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your privacy and/or when Poptron is unable to confirm your identity or the accuracy of the corrected Personal Data provided.
Storage and Retention of Personal Data
Poptron has put in place measures to ensure that Personal Data is stored and handled in such a way to prevent any unauthorized disclosure.
Poptron will only retain Personal Data as long as it is necessary to achieve the purposes specified in this Notice and subject always to the applicable laws including the PDPA, the terms and conditions specified in your agreements with Poptron (if any) for the duration of your relationship with Poptron, and for such period as may be necessary to protect the interests of Poptron.
Your Obligations in Relation to Your Personal Data
You represent and warrant that all Personal Data provided to Poptron is true, complete and accurate. In the event you are providing the Personal Data of third parties (such as representatives or liaison, emergency contacts, or otherwise) to Poptron, you further represent and warrant that (a) all necessary consent and authorisation from the third parties are procured, (b) you shall continuously maintain such consent and authorisation, and (c) that you have showed this Notice to such third parties.
You shall immediately inform Poptron of any changes to the Personal Data which you have provided to Poptron to such extent necessary in order to enable Poptron to remain in compliance with the applicable law including the PDPA. Poptron will use reasonable efforts but shall not be obligated to procure updates from you on a regular periodic basis.
For the avoidance of doubt, you agree that Poptron shall not be liable for any costs, damages, fines, losses, liabilities and/or penalties that you and/or third parties (including but not limited to an individual or competent authority) have incurred or suffered as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed this Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation.
You further agree to indemnify and hold Poptron harmless against any actions, claims and/or demands brought against Poptron by any third parties (including but not limited to an individual or competent authority) and any costs, damages, fines, losses, liabilities and/or penalties (including but not limited to legal costs) which Poptron may incur or suffer, as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed in this Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation, particularly where Poptron was provided with false, incomplete or inaccurate Personal Data, failure to update Poptron of any changes to Personal Data, and/or the necessary consent and authorisation was not obtained or maintained from relevant third parties.
Notwithstanding anything contained herein, the liability of Poptron (if any) shall be limited to the fullest extent permitted by the applicable law. In no event shall Poptron be liable for any consequential, incidental, indirect, punitive or special damages, or loss of profits, loss of anticipated profits, data, business or goodwill, regardless of whether such liability (if any) is based on breach of contract, tort, strict liability, or otherwise, and even if Poptron has been informed or advised of the possibility thereof.
Poptron uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data and will not knowingly allow access to this data to anyone outside Poptron, other than to you or as described in this Notice. However, Poptron cannot ensure or warrant the security of any information you transmit to Poptron and you do so entirely at your own risk. In particular, Poptron does not warrant that such information may not be accessed, altered, collected, copied, destroyed, disposed of, disclosed or modified by breach of any of Poptron's physical, technical, or managerial safeguards.
Our Platforms do not target and is not intended to attract Minors. We do not knowingly solicit personal information from Minors or send them requests for Personal Data.
This Notice is governed by and shall be construed in accordance with the laws of Malaysia. You hereby submit to the non-exclusive jurisdiction of the Malaysian courts.