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Privacy Policy

Privacy Notice

1. INTRODUCTION

At Borneo Divers & Sea Sports (Sabah) Sdn Bhd, we value your privacy and strive to protect your personal data in compliance with the laws of Malaysia. 

This notice is designed to explain and elaborate upon some of our policies and principles pertaining to the privacy of your personal data, all of which we have adopted as a sign of our commitment to respecting, maintaining, protecting and safeguarding the privacy of your personal data. 

We will collect, record, hold, use, process your personal data in accordance with applicable laws and regulations such as the Personal Data Protection Act 2010 (as amended from time to time), Personal Data Protection Standard 2015 (as amended from time to time) (“PDPS 2015”), this notice and the privacy/confidentiality terms in your agreement(s) with us, if any. 

This notice explains, among others,:

  1.   the type of personal data we collect and how we collect it;
  2.   how we use your personal data;
  3.   the parties that we disclose your personal data to; and
  4.   the choices we offer, including how to access and update your personal data.

If you require any further information, you may reach out to us at the telephone number/fax/email/address given at the end of this notice.

2. COLLECTION OF PERSONAL DATA AND DATA OF OTHER PERSON

2.1 The personal data that may be collected from you, your authorised representatives, third parties, or from other publicly available sources includes: 

  •  personal information to establish your identity and background such as your full name, passport or identity card number, nationality and religion; 
  •   contact information such as billing address, premises address, telephone number, mobile phone number, fax number and email address; 
  •   payment information such as your debit or credit card information, including the name of cardholder, card number, billing address, expiry date and other bank account details;
  •   sensitive information such as your racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership. We do not generally collect sensitive information unless it is necessary due to exceptional circumstances to serve you better and meet your particular needs;
  •   recording of calls placed by you to our customer services; or
  •   function or post when you commence a business relationship with us. 

2.2 Other information that may be collected includes certain technical and statistical information that is available to us via our internet service provider such as cookies, your IP address, the time, date and duration of your visit. 

2.3 If you provide us with any personal data relating to a third party (e.g. information of your spouse, children, parents, employees or any other parties which is necessary for the purpose as listed in this notice), by submitting such personal data to us, you represent to us that you have obtained the consent of the relevant third party to provide us with their personal data for the purposes as listed in this notice.

2.4  The source of personal data that may be collected by us either from you, from your authorized representatives, third parties, or other publicly available sources includes: 

  •   when you register for our services (for example when you submit an application to become user of our service or subscriber to our website);
  •   when you contact us in person, by a phone call or over the counter (for example when you contact us for any inquiries, complaints, comments or feedback, we may keep record of that correspondences);
  •   when you participate in any surveys, questionnaires, competitions, contests, offers, or promotions done internally or via an appointed third party; 
  •   when you commence a business relationship with us (for example, as user of our service or subscriber to our website, service provider, agents or business partner);  
  •   when you browse through our website or visit any of our business premises; 
  •   when you attend any of our corporate events;
  •   when you visit or browse our websites; 
  •   when you interact with us via social media or interactive applications; 
  •   when we collect information about you from third parties we dealt with or are connected with you (payment collector, credit reporting agencies or financial institutions); or

  from such other sources where you have given your consent for the disclosure of personal data relating to you, and/or where otherwise lawfully permitted.

3. USE OF PERSONAL DATA

3.1  By browsing our website, you expressly agree that we may use your personal data where permitted by applicable law and for specific purposes, including:

  •   to verify your identity;
  •   to manage and maintain your account and/or contract with us; 
  •   to notify you about benefits and changes to the services;
  •   to provide and improve our services to you including fulfilling audit requirements, billing for services, and facilitating payments; 
  •   to carry out your instructions or to respond to any inquiries, complaints, comments or feedback submitted to us; 
  •   to protect or enforce our rights to recover any debt owing to us; 
  •   to compile information for analysis and in reports for relevant regulatory authorities; 
  •   to transfer or assign our rights, interests and obligations under any of your agreements with us; 
  •   to update, consolidate and improve the accuracy of our records; 
  •   to administer competitions, contests, offers, or promotions; 
  •   to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual; 
  •   to conduct research for analytical purposes including but not limited to data mining and analysis of your transactions with us;
  •   to assess financial and insurance risks;
  •   to conduct surveys, questionnaire, and provide you with information from us or which we feel may interest you, where you have consented to be contacted for such purposes;
  •   to engage in business transactions in respect of services to be offered and provided to you;
  •   to comply with any legal or regulatory obligations under the applicable laws, regulations, guidelines or industry codes that applies to us;
  •   for internal management of the services being provided to you;
  •   to maintain records required for security, claims or other legal purposes;
  •   to provide training for our employees; 
  •   to conduct marketing and information technology activities such as market research; 
  •   to persons who have been identified as being you or your authorised representative(s) pursuant, for the purpose of the relevant transaction or enquiry;
  •   to third parties with whom we have contracted to provide services to us (such as analysis on our behalf) for any of the purposes described above. Where we disclose your personal data to third parties we shall ensure that such data is used only to provide services to us; or

  for any other purposes that is required or permitted by any law, regulations, guidelines.

4. DISCLOSURE OF PERSONAL DATA

4.1 As a part of providing you with our services and the management or operation of the same, we may be required or need to disclose information about you to the following third parties: 

  •   federal or state government, law enforcement agencies, government agencies, relevant embassies or relevant regulator; 
  •   companies or organisations that act as our agents, contractors, service providers or professional consultant;
  •   companies or organisations that assist us in processing and/or otherwise fulfilling transactions and providing you with services that you have requested;
  •   our employees, business associates and other parties for purposes that are related to the purpose of collecting and using your personal data; 
  •   other parties in respect of whom you have given your express or implied consent; or 

  any credit reporting agencies or in the event of default, any debt collection agencies.

5. OBLIGATION TO PROVIDE PERSONAL DATA

5.1 If requested, whether manually or electronically, it is obligatory for you to provide your personal data to us to enable us to process your application for our services. 

5.2 If you fail to provide your personal data as requested, we will not be able to process your application or provide you with our services.

6. RIGHTS TO ACCESS AND CORRECT PERSONAL DATA

6.1 If you wish to have access to your personal data in our possession, or where you are of the opinion that such personal data held by us is inaccurate, incomplete, misleading or not up-to-date, and you wish to rectify the same, you may make a request to us at the telephone number/fax/email/address given at the end of this notice.

6.2  We shall take all the reasonable steps as set out in PDPS 2015 to ensure that the personal data provided to us is accurate, complete, not misleading and kept updated by having regard to the purpose, including any directly related purpose, for which the personal data was collected and processed further.

6.3  A copy of the PDPS 2015 is accessible at https://www.pdp.gov.my/jpdpv2/wp-content/uploads/2019/09/BukuStandardPDP-2015.pdf

7. RETENTION OF PERSONAL DATA

7.1 We will retain your personal data in compliance with this notice and/or the terms and conditions of your agreement(s) with us or such relevant parties for the duration of your relationship with us or our relationship with such relevant parties, for such period as may be necessary to protect the interests of ours or such relevant parties as may be deemed necessary, where otherwise required by the law and/or where required by any other relevant policies.

7.2 We shall take all the reasonable steps as set out in PDPS 2015 to ensure that your personal data is appropriately retained.

8. SECURITY AND PROTECTON OF PERSONAL DATA

8.1  We will take all reasonable steps to protect your personal data and keep your personal data secured.

8.2   We shall, as far as practicable, take steps as set out in PDPS 2015 to protect your personal data from any loss, misuse, modifications, unauthorised or accidental access or disclosure, alteration or destruction. 

8.3 Our site may link to other websites that we do not control and we are not responsible for their data policies, procedures or their content.

8.4  We disclaim all responsibility for the subsequent use of an email address or any other personally identifiable information you have provided to such other website we might link to that is not under our control. You are advised to check the privacy policies of those websites upon visiting them.

9. DATA TRANSFER OUTSIDE MALAYSIA

9.1 It may be necessary for us to transfer your personal data outside Malaysia if any of our service providers or business partners or parties directly or indirectly engaged by us are providing necessary services to you from outside Malaysia. You hereby expressly provided your consent to us transferring your personal data outside Malaysia in these instances. 

9.2 We shall take reasonable steps to ensure that any such service providers or business partners are contractually bound not to use your personal data for any reason other than to provide the services they are contracted by us to provide and to adequately safeguard your personal data.

10. CONSENT

10.1 By providing your personal data to us, you consent to the use of such personal data as set out in this notice.

10.2 Subject always to our contractual rights and obligations under relevant laws and regulations, you may exercise your choice in respect of the disclosure, retention and use of your personal data. Should you wish to do so, kindly contact us at the telephone number/fax/email/address given at the end of this notice.

11. REVISION TO PRIVACY NOTICE

11.1 This notice may be revised from time to time as we may deem necessary.

11.2 Notice of any such revision will be given on our website and/or by such other means of communication deemed suitable by us.

11.3 Continued use of our service will signify that you agree to any such revision.

12. CONTACT DETAILS

Should you have any query in relation to this Terms and Conditions, kindly contact us at:

Borneo Divers & Sea Sports (Sabah) Sdn Bhd
9th Floor, Menara Jubili
53 Jalan Gaya
88000 Kota Kinabalu, Sabah, Malaysia

Tel : +60 88 222226
Fax : +60 88 221550
Email : information@borneodivers.info