PRIVACY POLICY
PRIVACY POLICY
1. INTRODUCTION
1.1
This privacy policy (“Privacy Policy”) is prepared by Cyromaster (M) Sdn Bhd (Registration
No. 200701007600 (765602-T)) (“Cyromaster”, “we”, “us” or “our”). We care about your
privacy and we are committed to maintaining your trust by protecting your personal data.
1.2
We are in the business of supplying, importing, exporting and distributing various types of
industrial gases, including chemical gases such as liquid oxygen, liquid carbon dioxide and
other gases. We also offer services such as packaging and installation related to industrial
gases. You may obtain a quote for our services or contact us through our website at
https://cyromaster.com/ (the “Site”).
1.3
This Privacy Policy sets out how we collect, process, manage, use, disclose and protect
personal data belonging to our Site visitors and other persons (collectively, “you”) who access
or use the Site and/or the Services (as defined in Clause 2.2 below), our web client or
professional client, and/or any of our other sites, products or services that link to this Privacy
Policy. By accessing the Site, you agree and consent for us to collect, process, manage, use,
disclose and protect your personal data in the manner as described in this Privacy Policy.
1.4
This Privacy Policy is issued in accordance with the Personal Data Protection Act 2010, as
amended or modified from time to time (“PDPA”), and it will enable you to understand the
following:
1.4.1
the personal data that we collect and process;
1.4.2
the sources that we collect your personal data;
1.4.3
the purposes of collecting your personal data;
1.4.4
to which third parties and under what circumstances we will disclose your personal data;
1.4.5
our obligations and your obligations under this Privacy Policy;
1.4.6
the storage and retention of your personal data;
1.4.7
your rights in respect of your personal data; and
1.4.8
what you can do if there are any changes, questions or complaints about your personal
data.
1.5
By accessing or using the Site and/or the Services, you acknowledge that you have read and
understood this Privacy Policy and you hereby consent to the collection, use, processing,
disclosure and/or transfer of your personal data by us in accordance with this Privacy Policy.
1.6
Please read this Privacy Policy carefully to understand how we are committed to protecting the
privacy, confidentiality and security of your personal data.
2. KEY TERMS
2.1
Unless otherwise stated, the words and expressions used in this Privacy Policy shall bear the
same meaning as defined in the PDPA, including but not limited to the following:“data processor” in relation to personal data, means any person, other than an employee of
the data user, who processes the personal data solely on behalf of the data user, and does not
process the personal data for any of his own purposes;
“data subject” means an individual who is the subject of the personal data;
“data user” means a person who either alone or jointly or in common with other persons
processes any personal data or has control over or authorizes the processing of any personal
data, but does not include a data processor;
“personal data” means any information in respect of commercial transactions, which –
(a)
is being processed wholly or partly by means of equipment operating automatically in
response to instructions given for that purpose;
(b)
is recorded with the intention that it should wholly or partly be processed by means of
such equipment; or
(c)
is recorded as part of a relevant filing system or with the intention that it should form
part of a relevant filing system,
that relates directly or indirectly to a data subject, who is identified or identifiable from that
information or from that and other information in the possession of the data user, including any
sensitive personal data and expression of opinion about the data subject; but does not include
any information that is processed for the purpose of a credit reporting business on by a credit
reporting agency under the Credit Reporting Agencies Act 2010; and
“sensitive personal data” means any personal data consisting of information as to the physical
or mental health condition of a data subject, his political opinions, his religious beliefs or other
beliefs of a similar nature, the commission or alleged commission by him of any offence or any
other personal data as the Minister may determine by order published in the Gazette.
2.2
For the purpose of this Privacy Policy, unless the subject or context otherwise requires, the
following words and expressions shall have the following meanings:
“Laws” means any law, rule, regulation, by-law, order, guideline, directive and policy enforced
by the government authorities, including such other international and local laws and
requirements in force and as amended from time to time relating to any commercial transaction
and/or relating to the conduct of our business or activities; and
“Services” means any and all of our services, including the supply, import, export, and
distribution of various types of industrial gases, such as chemical gases like liquid oxygen, liquid
carbon dioxide, and other gases. This also includes related services such as packaging,
installation, and providing individuals and corporations with access to these industrial gases.
3. PERSONAL DATA THAT WE COLLECT AND PROCESS
3.1
The personal data we collect and process about you may include, but not limited to:
3.1.1
your identification details including but not limited to your full name and identity card
number or passport number;3.1.2
your residential address and/or correspondence address (which may include office
address);
3.1.3
your contact information (e.g. email address, mobile number or fax number);
3.1.4
records of our communications with you, including any messages and/or emails you
send to us;
3.1.5
information sent by or associated with the device(s) used to access the Site;
3.1.6
your Internet browser information (e.g. IP address, browser type and version, time zone
setting and location, browser plug-in types and versions, operating system and platform,
and other technology on the devices you use to access the Site);
3.1.7
any other information which may be provided by you; and/or
3.1.8
any other information as may be required by us from time to time for the purposes
specified in Clause 5.1 of this Privacy Policy.
4. THE SOURCES THAT WE COLLECT YOUR PERSONAL DATA
4.1
Please be informed that we may obtain your personal data from you and from other sources,
including but not limited to:
4.1.1
your relationship with us, including without limitation:
(a)
information provided by you in any enquiry forms on the Site;
(b)
when you access or use the Site and/or the Services; or
(c)
when you communicate with us through phone calls, email and/or other
correspondence methods;
4.1.2
if applicable, any interactions between you and us through:
(a)
the Site;
(b)
our social media pages; and
(c)
our chat applications;
4.1.3
our media launches which you may have been invited to or participated in our
campaigns, competitions, activities and/or promotions where you are required to
provide personal data about yourself and/or other parties (e.g. your family members
and work colleagues);
4.1.4
third parties connected to you, such as your family members, employees, joint account
holders, guarantors and such other persons (subject to your prior consent for them to
disclose information relating to you);
4.1.5
third parties including marketers, partners, researchers, affiliates, service providers,
financial advisers, insurance agents and other parties where they are legally allowed
to share your personal data with us; and/or4.1.6
by using Cookies (as defined in Clause 12.1 below), the details of which are set out in
Clause Error! Reference source not found. of this Privacy Policy.
5. THE PURPOSES OF COLLECTING YOUR PERSONAL DATA
5.1
You hereby acknowledge, confirm and consent that we are authorised to collect and process
your personal data, for any of the following purposes:
5.1.1
Verification
(a)
to verify your identity and any and all information provided by you; and
(b)
to verify and confirm qualifications for soliciting or concluding any agreements
that may be entered into between you and us.
5.1.2
Facilitation of Agreements
(a)
to facilitate the agreements to be entered into or have been entered into with
us;
(b)
to manage the due dates of such agreements, to confirm the status of
performance, and to conduct other matters necessary for the appropriate and
smooth performance and management of such agreements;
(c)
to facilitate communications between you and us in respect of such
agreements;
(d)
to facilitate preparation of agreements by our legal and professional advisors;
(e)
to ensure proper execution and performance of an agreement entered into by
us with a third party (including but not limited to our partners or merchants) in
connection with any transactions;
(f)
for provision of information to relevant authorities and service providers in
particular (but not limited to) for the purpose of facilitating the provision of
utilities and the Services or as otherwise required or permitted by the
applicable Laws;
(g)
for notification (and convening of) meetings, invoices and other documents as
the applicable Laws may require or permit;
(h)
to transfer or assign our rights, interests and obligations under any of the
agreements between you and us; and
(i)
to protect or enforce our rights to recover any debt owing to us (if applicable).
5.1.3
Services and Support
(a)
to exercise our rights and/or fulfil our obligations under any agreements which
we have entered into with you or under the applicable Laws;
(b)
to respond and follow up on any queries, complaints or requests by you; (c)
to be used in, to provide and/or to improve the Services provided by us, analyse
customers’ choices, conduct market surveys, processing invoices and
payments;
(d)
to provide personalised feedback to you in order to maintain, enhance and
support the relationship between you and us; and
(e)
we use Cookies to enhance our processes, advertising, notifications,
authentication, security and compliance, analytic and preference management
(details of usage are specified in Clause 12 of this Privacy Policy).
5.1.4
Marketing
(a)
to contact and provide you information regarding our various products and
Services which may be of interest to you;
(b)
to contact and provide you information regarding our and our business partners’
offers which include offers of products, new services, new launches, upcoming
events, promotions, advertising, marketing and commercial materials and such
other information as may be determined by us to be of interest to you (via
emails, text messages or other communication methods);
(c)
to conduct marketing surveys and questionnaires,
(d)
to conduct research and development of products and services; and
(e)
to process your participation in such offers and other marketing events.
5.1.5
Compliance with Laws and Regulations
(a)
to comply with our obligations, compliance requirements and disclosure
requirements under the applicable Laws;
(b)
for audit, compliance and risk management purposes;
(c)
to assess financial and insurance risks;
(d)
to detect, investigate and prevent fraudulent transactions or unauthorised or
illegal activities; and
(e)
for prevention of crimes, bribery, fraud and money laundering.
5.1.6
Internal Records and Technical Issues:
(a)
for our internal record keeping in the ordinary course of business;
(b)
to maintain, update, consolidate and improve the accuracy of our database
records;
(c)
to produce data, reports and statistics which have been anonymised or
aggregated in a manner that does not identify you as an individual;
(d)
to conduct research for analytical purposes but not limited to data mining and
analysis of your transactions with us; and (e)
to detect, prevent and address technical issues.
5.2
In connection with the purposes set out in Clause 5.1 above, you hereby give permission for
us to disclose your personal data, to the relevant authorities, our successors-in-interest,
sponsors, advertisers, lawyers, insurers, adjusters, other advisers, suppliers, contractors
and/or service providers, partners and other carefully selected third parties in accordance to
Clause 6 of this Privacy Policy.
6. DISCLOSING YOUR PERSONAL DATA
6.1
We do not sell any of your personal data to any party whatsoever. However, we may use third
party service provider to help us to operate the Services or administer activities on our behalf.
For these reasons, we reserve the right to disclose your personal data to carefully selected third
parties set out as follows:
6.1.1
on a need-to-know basis, to:
(a)
our subsidiaries, related and associated companies;
(b)
our parent company including its subsidiaries, associated and related
companies; and
(c)
our affiliates including our business partners (some of whom may be outside
Malaysia and undertake administrative, management and operational functions
for or on behalf of us in respect of or arising from any commercial transaction
or to support sales, marketing, promotion and/or advertising efforts);
6.1.2
companies and/or organisations who assist us including but not limited to our
successors-in-interest, sponsors, advertisers, suppliers, contractors, payment gateway
service providers (if applicable) and other third-party service and/or product providers;
6.1.3
companies and/or organisations who act as our strategic partners which include parties
that we collaborate with for certain events, programmes, activities or to provide any
services and/or products;
6.1.4
companies and/or organisations who assist us in providing you value-added services
and/or products as may be requested by you;
6.1.5
our legal and professional advisors including but not limited to our lawyers, insurers,
adjusters, accountants and/or financial advisors authorised by us;
6.1.6
your legal and professional advisors including but not limited to your lawyers, insurers,
adjusters, accountants and/or financial advisors authorised by you;
6.1.7
any person authorised by you;
6.1.8
any rating agency, insurer, insurance broker and/or direct or indirect provider of credit
protection;
6.1.9
any financial institutions, merchants VISA International Services Association,
MasterCard International Incorporated and/or other card associations in relation to any
credit card and/or debit card issued to and used by you; 6.1.10 any person connected to the enforcement or preservation of any of our rights under the
agreements between you and us;
6.1.11 relevant government entities or departments, agencies, statutory authorities and/or
industry regulations authorities in connection with any investigation or enquiries;
6.1.12 fraud and crime prevention agencies for the purposes of assessing the risk of crime,
fraud and money laundering (this forms a condition of us entering into any agreement
with you);
6.1.13 our marketing, research, and communications agencies;
6.1.14 the regulatory authorities and government agencies, where applicable; and/or
6.1.15 other parties where required by the applicable Laws.
6.2
In the event of a sale of business, disposal, acquisition, merger, joint venture, debt financing,
reorganisation, insolvency, bankruptcy or receivership involving us or our assets to another
third party, your personal data may be required to be disclosed and/or transferred to the third
party as part of our business assets. You acknowledge and authorise us to release your
personal data to the third party including its advisers and representatives, and that the other
party has your consent and will be authorised to process such personal data.
6.3
Clauses 6.1 and 6.2 above shall, at all times, be subject to the compliance of relevant Laws
applicable to us and our business in all jurisdictions.
6.4
If your personal data is processed by any of the aforesaid third parties, we will request for such
third party to adhere to our standards and all applicable Laws but we bear no responsibilities
and shall not be liable for any losses, damages, claims, costs and expenses of whatever nature
resulted from and/or in connection to the non-compliance by such third party.
6.5
Except as set out above, we will never sell, distribute or disclose any of your personal data
(except anonymous aggregate information) to any third party without your express consent.
7. USE OF PERSONAL DATA FOR MARKETING PURPOSES
7.1
By accessing or using the Site and/or the Services, you are deemed to have consented for us
to contact you via phone calls, text messages, emails and/or other electronic methods in future
by using the data provided by you.
7.2
The consent, as specified in Clause 7.1 above, shall include consent to receive pictures, videos,
online messages and/or emails about our, our business partners’, strategic partners’, sponsors’
or advertisers’ products, services, promotions, special offers, events and/or activities that may
be of interest to you.
7.3
For the avoidance of doubt, you acknowledge and consent to us sharing anonymised
information such as but not limited to in the following circumstances:
7.3.1
Aggregated Information – We may conduct joint data analytics projects with selected
third-party providers using anonymised information to predict user interests and provide
users with more targeted and/or relevant information based on aggregated information
about that user’s activities outside the Site. 7.3.2
Behavioural-based Advertising – We may collaborate with selected third parties using
anonymised information to derive certain models that would facilitate more accurate
advertising to selected users.
7.4
You may elect to opt out from receiving any newsletters, updates, promotional materials, festive
greetings (if applicable) or other communications, in part or in whole, for general purposes or
for marketing purposes set out in this Clause 7, by following the “unsubscribe” links or
instructions within the email we send you at any time. In any event, your latest written
instructions to us will prevail.
8. THE CIRCUMSTANCES WHICH WE MAY DISCLOSE YOUR PERSONAL DATA
8.1
Other than those set out in Clauses 6 and 7 above, we will treat your personal data as private
and confidential and will not disclose your personal data to any third party unless any of the
following events arises:
8.1.1
you have given us prior permission to disclose your personal data;
8.1.2
we are required or permitted to do so under the applicable Laws;
8.1.3
we are required to fulfil our obligations as specified in this Privacy Policy;
8.1.4
we are required or authorised by any order of court, tribunal or authority, whether
governmental or quasi-governmental or requests from law enforcement or any other
government agencies with jurisdiction over us; and/or
8.1.5
we are required to transfer rights and obligations under this Privacy Policy.
8.2
If there are any complaints or enquiries with regard to the disclosure of your personal data to
any third party under this Privacy Policy, particularly the disclosures set out in Clauses 6 and
7 above and this Clause 8, you may contact us at the email address specified in Clause 17 of
this Privacy Policy.
9. OUR OBLIGATIONS AND YOUR OBLIGATIONS
9.1
Our Obligations
9.1.1
The security of your information is our priority. We will keep, protect and process your
personal data in a secure manner by maintaining physical, electronic and procedural
safeguards, in compliance with the applicable Laws and regulations.
9.1.2
We will ensure that the access of our employees to the personal data which you have
provided to us is limited to authorised employees who are trained in handling your
information. These authorised personnel are required to ensure the confidentiality of
your information and to respect your privacy at all times.
9.2
Your Obligations
9.2.1
In order for you to access or use the Site and/or the Services, it is obligatory for you to
provide us with complete and accurate personal data and keep us updated on your
personal data, failing which we may not be able to process your personal data to fulfil
the purposes in Clause 5.1 above.9.2.2
In the event that you need to provide any personal data for or on behalf of such other
persons, or you represent such organisations or companies, you covenant that:
(a)
you have obtained consent from such other persons and necessary
authorisation from such persons, organisations or companies that the personal
data is given voluntarily, accurately and complete;
(b)
you are authorised to receive any privacy notice and other related information
on his/its behalf; and
(c)
you have been given consent and/or authorisation to transfer his/its personal
data abroad,
failing which you shall indemnify and keep us fully indemnified against any claims from
such other persons or organisations or companies.
9.2.3
If there are any changes to your personal data, you hereby acknowledge that you have
the obligation to inform us immediately, in any event not more than seven (7) calendar
days after such changes arise. You shall send us a written notice (by email) in respect
of such changes, in which we will update your personal data within twenty-one (21)
calendar days upon receipt of your written notice.
9.2.4
Without contrary to Clause 9.2.3 above, if you do not wish for any part of your personal
data to be used by us for any of the purposes set out in this Privacy Policy, you are
required to notify us immediately via email at the email address specified in Clause 17
of this Privacy Policy.
9.3
Incomplete Personal Data
9.3.1
Where the personal data is requested for the purposes in Clause 5.1 above, you, or
any such other persons or organisations or the companies represented by you have
the option not to provide additional personal data requested by us other than the
information which we have indicated as necessary to facilitate any commercial
transaction. If the personal data provided by you is incomplete, we will not be able to
process your personal data for the purposes outlined in this Privacy Policy and may not
be able to offer the Services and/or to fulfil your request (if applicable).
10. STORAGE AND RETENTION OF PERSONAL DATA
10.1
Your personal data may be stored either:
10.1.1 in hard copies in our offices;
10.1.2 in soft copies stored in servers located in Malaysia; or
10.1.3 other information technology storage facilities and servers situated in other countries
outside Malaysia as some of our digital storage facilities, servers, and service providers
may be located in such other places.
10.2
In the event that your personal data is transferred out of Malaysia to third parties in a jurisdiction
other than Malaysia, please note that these third-party entities may be established in countries
that might not offer the same level of data protection offered in Malaysia. You hereby expressly
consent to and authorise us to transfer your personal data outside of Malaysia for the purposes
stated in Clause 5.1.10.3
We will only retain your personal data for so long thereafter as is necessary for us to fulfil the
purposes as set out in this Privacy Policy.
10.4
When we have no ongoing legitimate business need to process your personal data, we will
either delete or anonymise it or, if this is not possible (for example, because your personal data
has been stored in backup archives), then we will securely store your personal data and isolate
it from any further processing until deletion is possible.
10.5
Notwithstanding the above, we may need to retain your personal data for a longer period if it is
necessary for us to:
10.5.1 comply with our legal obligations;
10.5.2 to respond to any disputes, claims or complaints made related to you; and/or
10.5.3 to enforce and execute our legal agreements and policies.
11. YOUR RIGHTS
11.1
You have various rights under the applicable Laws in respect of your personal data retained by
us. Your rights are set out as follows:
11.1.1 accessing your personal data (subject to payment of the relevant processing fee, if
applicable);
11.1.2 requesting rectification or erasure of your personal data or to keep your personal data
up-to-date (provided that you have complied with your obligation in Clause 9.2.3 above);
11.1.3 requesting restrictions on the processing of your personal data; and
11.1.4 objecting to us processing your personal data.
11.2
Pursuant to your right to access your personal data in Clause 11.1.1 above:
11.2.1 you also have the right to receive a copy of your personal data in an electronic format.
However, this right is limited to personal data that you have provided to us and is
processed based on your consent. It does not cover personal data that we may have
received on other grounds or from other sources; and
11.2.2 we may withhold your request to access your personal data in certain circumstances,
including but not limited to (a) when we are unable to confirm your identity; (b) where
such personal data requested is of a confidential nature; or (c) when we receive
repeated requests for the same data. In any event, we will promptly notify you of the
reason(s) for not being able to accede to your request.
11.3
Subject to your requests pursuant to Clauses 11.1.2, 11.1.3, and/or 11.1.4 above, we reserve
all our rights to reject any or all your requests or require further documentary evidence for
reasons permitted by the applicable Laws.
12. COOKIES
12.1
We may use cookies, advertising identifiers, web beacons, tags, scripts, local shared subjects
such as HTML5 and Flash or Flash cookies including other similar technology (“Cookies”) on the Site for the purpose of recognising your device upon your access to the Site which we may
deliver tailored information to you that matches your account, interests and preferences.
12.2
The Cookies have unique identifiers which may be stored on the Site, on the device you use to
access the Site, and/or in emails we send to you. The Cookies may transmit information about
you and your use of the Services and/or the Site, including but not limited to the period of usage,
your search preference, browse type, IP address, and/or data relating to advertisements
displayed and clicked in by you.
12.3
Without contrary to any other provisions under this Privacy Policy, third parties may use the
Cookies on the Site to collect the same type of information for the same purpose as specified
in Clause 12.1 above. Such third parties may associate the information about you obtained
from the Site or from any other resources for their other purposes, in which we do not have any
responsibility, access nor control in regard to the usage of such information.
12.4
We may share non-personally identifiable information from or about you with third parties,
including but not limited to location data, advertising identifiers, or a cryptographic hash of a
common account identifier (such as email address) to facilitate the display of targeted
advertising.
12.5
In any event, you may disable, block or deactivate Cookies at any time by adjusting your
Internet browser setting to disable such Cookies. You may also limit our sharing of your
information through mobile settings.
13. THIRD-PARTY WEBSITES
13.1
The Site may contain links or advertisements to third-party websites. These third-party websites
are not related to, associated with us or under our control. Therefore, we are not responsible
or liable for their privacy policy in regard to any collection, usage, maintenance and/or sharing
of personal data of such third-party websites. We reserve the right to disable any links to any
third-party websites in our sole discretion.
14. MINOR’S PRIVACY
14.1
The Site and/or the Services do not address anyone below the age of eighteen (18) (“Minor”).
14.2
We do not and will not knowingly collect personal data from any Minor. If you are a parent or
guardian and you are aware that your Minor has provided us with any personal data, please
contact us immediately. If we become aware that we have collected personal data from any
Minor without verification of parental consent, we will take necessary steps to remove all
information relating to such Minor from our storage facilities and servers.
15. REVISIONS TO THIS PRIVACY POLICY
15.1
We may, from time to time, modify, update or amend the terms of this Privacy Policy to reflect
changes in the applicable Laws, the Site and/or the Services, our data collection use and
practices. We will post the updated Privacy Policy on the Site which shall be effective
immediately upon being posted on the Site.
15.2
Our use of the personal data we collect is subject to the Privacy Policy in effect at the time such
personal data is used. Please take note to periodically review this Privacy Policy and carefully
review any changes made to this Privacy Policy.
16. INCONSISTENCY
16.1
In accordance with Section 7(3) of the PDPA, this Privacy Policy is issued in both English and
Bahasa Malaysia. In the event of any inconsistency between the English version and the
Bahasa Malaysia version of this Privacy Policy, the English version shall prevail over the
Bahasa Malaysia version.
17. HOW TO CONTACT US
17.1
If there are any changes to your personal data, and/or if you have any question in respect of
the collection, use, processing, disclosure and/or transfer, of your personal data, and/or you
would like to exercise any of your rights as set out in this Privacy Policy, you may contact us at:
Email address
: [Insert Email Address]
For the attention of
: [Insert Person-in-Charge]
Last Updated: [Insert Date]