PERSONAL DATA PROTECTION NOTICE
1. INTRODUCTION
1.1. This Personal Data Protection notice (“PDPA Notice”) which regulates the processing of personal data in commercial transaction, applies to Menteri Besar Selangor (Incorporated) and its related companies (“MBI”, “we”, “us”, or “our”) in compliance with Personal Data Protection Act 2010. It describes how MBI respects the privacy of individuals with regards to Personal Data and are committed to the protection of your Personal Data and compliance of all applicable personal data protection laws and regulations in Malaysia.
1.2. This PDPA Notice serves to inform you that your relevant personal data is being collected, processed and/or stored by MBI and/or MBI’s Authorized Third Party (as herein defined) includes information contained in each of our relevant registration or application form such as google forms completed by you and submitted to us together with other information we may have obtained about you, which may include your sensitive personal data. For the purpose of this PDPA Notice, the terms “personal data”, “sensitive personal data” and “processing” shall have the meaning prescribed in the Personal Data Protection Act 2010.
1.3. We will only process your Personal Data (as herein defined) in accordance with the Personal Data Protection Act 2010, and any other applicable regulations, guidelines, orders and any statutory amendments or re-enactments made of the Personal Data Protection Act 2010 from time to time (collectively referred to as the “PDPA”) as well as this PDPA Notice.
1.4. MBI reserves the right, at its discretion, to add, modify, remove, update and/or amend this PDPA Notice from time to time with reasonable prior notice to you. We will notify you of any amendments via email, WhatsApp or other appropriate means. Any changes and/or amendments to this PDPA Notice will be effective immediately upon posting of the revised PDPA Notice. Your continued use of the service, after the posting of such changes and/or amendments constitute your binding acceptance of such addition, modification, removal and/or update to this PDPA Notice.
1.5. This PDPA Notice does not apply to the activities and/or practices of third parties that we do not own or control, including but not limited to any third-party websites, services, and applications that you elect to access through other third party’s website other than the website owned by MBI.
2. COLLECTION OF PERSONAL DATA
2.1 The term “Personal Data” means 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 are identifiable from that and other information in our possession which shall include without limitation:
Your name, address, telephone number date of birth, pictures, email address, household information, national registration identification/passport number, KWSP number, PERKESO number, income tax number, detail of previous employees, bank account number, name and address of bank and any other details provided by you vide the documents submitted below.
2.2 Your Personal Data was obtained from you, either from the following sources (but not limited to):
Resume together with related certificates, application forms through the ‘’ MBI STaR - MBI Selangor Talent Recruitment’’ portal in MBI’s website or by hand to MBI or any other application forms or any other similar forms that has been or may be collected, recorded, hold, stored, used, and/or processed by us from time to time as we deem necessary or appropriate from time to time; subject to the terms and conditions under this PDPA Notice.
2.3 In some instances, your Personal Data may have been obtained from external sources, including but not restricted to the following:
Reference checks/background checks/verification source (personal or private), any third party service providers in relation to your job application with MBI.
2.4 To the extent necessary, your Personal Data also includes sensitive personal data such as (but not limited to):
a) race;
b) religion;
c) health;
d) political opinion;
e) records of criminal offence;
f) bankruptcy.
3. USE OF YOUR PERSONAL DATA
3.1 The collection, processing and/or storing of your Personal Data includes any additional information you may subsequently provide to us for the following purposes:-
a) to assess your job application with MBI through our designated platform, the ‘’Recruitment MBI’’ portal on MBI’s official website or in person if submitted by hand; ;
b) for internal administrative purposes;
c) to maintain and update internal record keeping;
d) for all other purposes in relation to or incidental to performing the employment contract such as:
i. payroll;
ii. medical benefits;
iii. insurance coverage;
iv. employment related benefits;
v. training and development requirements;
vi. performance management;
vii. restructuring exercises;
viii. career development and work allocation and management;
ix. any other employment related purposes;
e) to share any of your Personal Data with the auditor for our internal audit and reporting purposes;
f) for audit, risk management and security purposes;
g) for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
h) to comply with any legal or regulatory requirements applicable to MBI, and to make disclosure under the requirements of any law, regulation, direction, court order, by-law, guideline, circular or code applicable in Malaysia;
i) to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations;
j) other legitimate activities of MBI and/or its associated company(ies); and/or
k) for all other purposes ancillary to any of the purposes stated above.
(collectively referred to as “Purposes”).
4. DISCLOSURE OF PERSONAL DATA
4.1 The Personal Data provided by you to MBI may be disclosed to be processed by our subsidiaries, stakeholders, affiliate(s), associate company(ies), licensee(s), government and/or quasi-governmental department(s) and/or agency(ies), regulatory bodies, government bodies and/or other authorities, strategic partner(s), service provider(s), external professional advisors and auditors and/or financial institutions, any third party such as company secretaries, external auditors, tax agent and/or other third party provider for the purpose of reference checks, background checks, bankruptcy search, crime records and so on (collectively referred to as the “Authorised Third Party”) for the purposes as accordance to Clause 3 of this PDPA Notice.
5. ACCURACY OF YOUR PERSONAL DATA
5.1 You hereby warrant and declare that all your Personal Data submitted or to be submitted to MBI are accurate, not misleading, updated and complete in all respects for the Purposes above, and you have not withheld any Personal Data which may be material in any respect and that we are authorised to assume the accuracy of the Personal Data given by you when processing such Personal Data.
5.2 You will promptly update us as and when such Personal Data provided earlier to us becomes inaccurate, incomplete, misleading, outdated or changes in any way whatsoever by contacting us at the contact details in Clause 11 below. Where specified, it is obligatory to provide your Personal Data to us to enable us to perform any of the Purposes stated above (whichever is applicable).
5.3 Should you decline to provide such obligatory Personal Data, MBI may not be able to process your application pursuant to the Purposes stated thereof.
6. YOUR RIGHTS OF ACCESS AND CORRECTION
6.1 Your rights to request for access, update, correct or delete your Personal Data; subject to the exceptions provided under the PDPA and/or any other applicable laws and regulations. MBI may refuse to comply with data correction request if MBI is not supplied with such information as we may reasonably require in order to satisfy ourselves as to the identity of the requestor or in the event where the expense in providing access to you is disproportionate to the risks to you or another person’s privacy.
6.2 You have the right at any time to request us or any of our Authorised Third Party to limit the processing and use of your Personal Data (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes) that is likely to cause damage or distress to you.
7. RETENTION OF YOUR PERSONAL DATA
7.1 MBI will retain your Personal Data in compliance with this PDPA Notice for such period as may be necessary to carry out any of the Purposes set out above and where otherwise comply with the PDPA and/or applicable laws and orders of competent authorities.
8. SECURITY OF YOUR PERSONAL DATA
8.1 We endeavour to take all reasonable steps to protect your Personal Data and keep your Personal Data secured. We however, cannot and do not accept responsibility for any unauthorized access or interception or loss of Personal Data that is beyond our reasonable control.
8.2 A username and password may be essential for you to use the Portal MBI on our website for the Purposes set out above. We will ensure that reasonable steps are taken that the Authorised Third Party to protect and maintain confidentiality of your information that we may disclose to them.
9. TRANSFER OF YOUR PERSONAL DATA
9.1 It may be necessary for us to transfer your Personal Data as envisaged in Clause 3 of this PDPA Notice to third-party service providers within Malaysia in connection with the Purposes stated in Clause 3.1 of this PDPA Notice whereby, you consent to us transferring your Personal Data in these instances. We shall endeavour to ensure that reasonable steps are taken to procure that all such third parties within Malaysia and shall not use your Personal Data other than for the intended Purposes and to adequately protect the confidentiality and privacy of your Personal Data.
10. PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS (WHERE APPLICABLE)
10.1 If you disclose to us any personal data or information about your family, spouse and/or other dependants, you confirm that you are authorised to disclose such personal data or information, and to receive on that person’s behalf any data protection notices issued by MBI from time to time, and that person has consented to MBI’s collection, processing and storing of his/her personal data and information on their behalf in accordance with this PDPA Notice.
11. CONTACT DETAILS
11.1 If you have any questions about this PDPA Notice, or have any further queries, or would like to make a complaint or data access or correction request in respect of your Personal Data, you can submit such request the request form from MBI’s Human Resources and Administration Department as per the contact details below:
MENTERI BESAR SELANGOR (PEMERBADANAN)
Level 24, Bangunan Darul Ehsan,
Jalan Indah, Seksyen 14,
40000 Shah Alam
Selangor Darul Ehsan
Email: hr@mbiselangor.com.my
Telephone No.: 03-5513 8898
Facsimile No.: 03-5510 0759
12. INCONSISTENCIES
12.1 In the event of any inconsistency between the English version and the Bahasa Malaysia version of this PDPA Notice, the Bahasa Malaysia version shall prevail over the English version.
ACKNOWLEDGEMENT AND CONSENT
1. I have read this PDPA Notice and hereby authorize Menteri Besar Selangor (Incorporated) (“MBI”) to collect, use, transfer, disclose and/or retain my Personal Data (as defined in the PDPA Notice) including sensitive personal data for Purposes as stated in the PDPA Notice and the ways in which data may be collected, used, transferred, disclosed and/or retained in compliance with Personal Data Protection Act 2010. I have been provided with a copy of the PDPA Notice and/or have been informed on the matters therein.
2. I hereby declare that I have the rights to request for access, update, correct and/or delete your Personal Data; subject to the exceptions provided under the PDPA and/or any other applicable laws and regulations. However, I understand that if, in exceptional circumstances the access is denied for legitimate purposes, that the reason for this and possible remedies will be made available to me.
3. I consent for MBI to disclose my Personal Data including my sensitive personal data such as employment records, monthly or annual salary and/or credit and debit details such as banking statement to any Auhorised Third Party (as defined in the PDPA Notice) as stipulated in the PDPA Notice and in accordance with PDPA.
4. In circumstances where I may have provided Personal Data relating to others (e.g family, spouse, dependent, etc), I represent and warrant that I have had their consent or are otherwise entitled to provide their information to MBI on their behalf. I shall indemnify MBI in the event MBI suffers any loss or damage as a result of my failure to comply with the same.
5. I have read the above information and hereby agree and consent to the use, processing, disclosure and transfer of my Personal Data by MBI as described in this PDPA Notice. Should there be a need to retract my consent on processing my Personal Data, I shall write a notice to MBI to cease the processing of such.