The Personal Data Protection Act 2010 (the “Act”), which regulates the processing of personal data in commercial transactions, applies to CapSphere Services Sdn. Bhd. (Company No. 1192211-H]) (“our”, “us” or “we”). For the purpose of this written notice (“Notice”), the terms “personal data” and “processing” shall have the same meaning as prescribed in the Act.
Consent
1. This Notice serves to inform you that your personal data is being processed by us or on our behalf when you access our website at https://www.capsphere.com.my (“Website”), download, use and/or access our mobile application (“App”) and/or use our products and services, and you hereby give your consent to the processing of your personal data.
Description of personal data
​2 . We may collect a variety of your personal data including but not limited to your name, date of birth, Malaysian Identification Card number, passport number, e-mail address, address, contact number, income, bank account details including specimen signatures, race, nationality, gender, marital status, education and employment details and history including working experience and employer’s details, credit record (present or historical), source of income or financial circumstances, financial positions, activities or history including payment history and account activities, details of guarantors and legal representatives, litigation and criminal records, details and background of family members, other personal data you submitted to us through the Website, the App or otherwise and/or in connection with the use of the Website, the App or our products and services including IP address, and all other personal data we again collect from you on any subsequent occasion.
Purpose
3. Your personal data is being or is to be collected and further processed for:
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performing our pre-contractual and contractual obligation with you;
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granting you access to the Website and/or the App and/or in connection with the use of the Website and/or the App;
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assessing your application for any of our products and services;
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verifying your financial standing through credit reference, credit, background and/or regulatory checks;
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verifying and carrying out financial transactions in relation to payments you make online;
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providing our products and/or services to you (or your company, if applicable) and/or in connection with our products and services;
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communicating with you;
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responding to your inquiries and resolving disputes;
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conducting internal activities;
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market surveys and trend analysis;
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improving our services, content and advertising in the Website and/or the App;
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providing you (or your company, if applicable) with information on our products and/or services, promotional offers and of our related corporations and business partners;
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conducting other legitimate business activities;
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complying with any legal or regulatory requirements; and
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such other purposes directly related to the foregoing,
(collectively, the “Purposes”).
Source of personal data
4. Your personal data is being or is to be collected:
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from the cookies;
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from your Malaysian Identity Card or passport;
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from your salary slip and bank statement;
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when you register to have access to the Website and/or the App,
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when you log in to or use the Website and/or the App;
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when you contact our customer service centre;
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when you submit your personal data to us for any of the Purposes;
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when you use or sign up for our products and/or services;
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from public domains, credit reporting agencies, governmental departments and/or agencies, regulatory and/or statutory bodies, public registries, social media, publications and any such third party requested or authorized by you
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from your mobile device via the App;
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from any communication between us through various means such as emails, letter, telephone calls and social media;
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from all other personal data we again collect from you on any subsequent occasion; and
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from all other information that you may provide us from time to time.
Access to, correction of and limiting the processing of personal data
5. You have the right to request access to and to request correction of your personal data and to contact us with any inquiries or complaints in respect of your personal data (including the possible choices and means for limiting the processing of your personal data or to cease or not begin processing your personal data for purposes of direct marketing) at: contact@capsphere.com.my
6. Subject to provisions of the Act:
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you may, upon payment of a prescribed fee, make a data access request in writing to us; and
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we may refuse to comply with a data access request or a data correction request and shall, by notice in writing, inform you of our refusal and the reasons of our refusal.
Disclosure of personal data
7. We disclose or may disclose your personal data to any other users of the Website or the App, our related corporations, business partners, service providers, credit reporting agencies, our financial and professional advisors, banks, governmental departments and/or agencies, regulatory and/or statutory bodies and any such third party requested or authorized by you for any of the Purposes.
Third party personal data
8. We may require your assistance if the personal data relating to other persons is required to process your personal data for the Purposes and you hereby agree to use your best endeavors to assist us when required. In the event that personal data of any third party is supplied by you to us, you shall ensure that such third party has read this Notice and consented to us collecting his/her personal data for any of the Purposes prior to the supply of his/her personal data to us.
Obligatory personal data
9. It is obligatory that you supply us the details marked with asterisk (*) in our registration form (collectively, “compulsory personal data”). If you fail to supply us the compulsory personal data, we may refuse to process your personal data for any of the Purposes and/or result in us being unable to provide you with the services and/or products requested.
Transfer of personal data to places outside Malaysia
10. We may transfer your personal data to a place outside Malaysia and you hereby give your consent to the transfer.
Accuracy of your personal data
11. You are responsible for ensuring that the information you provide us is accurate, complete, not misleading and kept up to date. If you fail to supply us the compulsory personal data, we may cease or refuse to provide, or may be unable to provide, you with the services and/or products requested.
Security of your personal data
12. Capsphere ensures that all information collected will be safely and securely stored for a maximum of 7 years. We protect your personal information by implementing technical and organisational measures that are designed to provide a level of security appropriate to the risks of processing your personal information. Those measures are, but not limited to, the following:
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Building and maintaining a secure network or system including but not limited to the use of cloud computing service for the provisioning of our service to you;
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Protect customer’s data including the use secure SSL/TLS communication protocol and encryption standard for data-in-transit and secure encryption;
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Implement strong access control measures such as enforcing the use of password for to access system; and
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Secure deletion of sensitive information when it is no longer needed for our record retention purposes.
13. From a user’s perspective, your password protects your user account, so we encourage you to use a unique and strong password and limit access to your mobile device or computer.
Amendments
14. We reserve the right to amend this Notice at any time and from time to time. Upon any such change, we will post the amended terms on the Website or the App or we may also attempt to notify you via electronic or conventional mail. Your continued access to and/or use of the Website, the App, our products and/or our services or your continued communication with us following such posting and/or notice shall constitute your agreement to be bound by this Notice, as amended.
Conflict
15. In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Notice, the English version shall prevail over the Bahasa Malaysia version.