The Personal Data Protection Act 2010 in Malaysia (“PDPA”), regulates the processing of Personal Data (as defined below) in commercial transactions. This Privacy Notice is issued by Divertainment Sdn Bhd, a company registered in Malaysia with company registration number 1187058-X and located at The Lakeview Club, Lot 3606, Jalan SS12/1, SS12, 47500 Subang Jaya, Selangor Darul Ehsan, Malaysia (“Divertainment”, “our”, “us” or “we”). For the purpose of Privacy Notice, the term “processing” shall have the meaning prescribed in the PDPA.
This Privacy Notice applies to any person who is visiting, using and accessing our website at https://www.divekl.com/ (“Site”), and registering for an account with us, including all our current or prospective user, children, parents, legal guardians or person properly authorized to act for the minor/children below the age of eighteen (18) years (collectively referred to as “User”, “Users”, “you” or “your”). If you are under the age of 18 years, please do not submit any Personal Data without the consent from your parent(s) or legal guardian.
You acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Notice, and you hereby consent to us collecting, using, disclosing and/or processing your Personal Data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY NOTICE, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE.
This Privacy Notice sets out the manner and terms in which we collect and handle your Personal Data, the type of information collected, our disclosure to third parties (if any) and who you may contact for access to your information.
We reserve the right to modify, amend or update this Privacy Notice at any time by placing a notice of such modifications, amendments or updates on the Site or via any other mode that we deem fit. By continuing to your visit or access to the Site, or by your continued engagement with us following the modifications, amendments or updates, such actions shall signify your acceptance of such modifications, amendments or updates.
BY CLICKING OR CHECKING “SIGN UP” OR SIMILAR STATEMENTS AVAILABLE AT OUR REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF AND UNDERSTOOD THE TERMS OF THIS PRIVACY NOTICE AND THAT YOU HAVE AGREED TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.
Type of information
- For the purpose of this Privacy Notice, “Personal Data” means any information which relates to you and which was collected or provided to us for the purposes stated in Section 2 below.
- In order for us to fulfil one or more of our obligations listed in Section 2 herein, we will need to collect relevant Personal Data from you which may include (but is not limited to) the following: –
- name, age, gender, marital status, race, nationality, NRIC number, passport number, date of birth, photo;
- contact details such as house number, mobile number, email, home address, correspondence address, delivery address, region or state of staying;
- transaction data such as details about payments to and from you, and other details of products and services you have purchased from us;
- technical data, such as internet protocol (IP) address, your login data, 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;
- profile data such as your username and password, your interests, preferences, feedback and survey responses;
- usage data such as information on how you use the Site, products and services;
- bank statements, credit card information and such other financial details and information; and
- text, graphics, images, audio and video clips.
Source of Personal Data
- Your Personal Data will be obtained from the following sources, where applicable, or such other sources which we may see fit from time to time and/or we may collect Personal Data directly from you when: –
- you communicate with us (for example when you contact us for any enquiries);
- information provided or submitted by you through among others, as applicable the various types of registration form(s) required for commercial transaction with us, commence a business relationship with us or our partners of third party vendors (where applicable), register your interest or subscribe for information on our publications (for example newsletters), participate in any of our surveys, competitions, contests, or seminar, respond to any materials we send out, (received via email, facsimile, manual submission, online), webpage(s);
- as applicable, publicly available or publicly accessible information; and
- such other written or verbal communications or documents delivered to us prior to and during the course of our dealings with you.
- We may also obtain your Personal Data from third parties we deal with or who are connected with you and from such other sources where you have given your consent for the disclosure of information relating to you, and/or where otherwise lawfully permitted. As the accuracy of your Personal Data depends largely on the information you provide to us, kindly inform us as soon as practicable if there are any errors in your Personal Data or if there have been any changes to your information.
Obligatory Personal Data and failure to supply
- All information and Personal Data requested for in the relevant forms is obligatory to be provided by you unless stated otherwise.
- The failure to supply such information as may be needed may: –
- result in us being unable to provide you with the notices and/or services/activities requested;
- affect our ability to effect the necessary processes relating to the supply of our services;
- result in us being unable to update you on our latest initiatives, promotions, events and/or launches;
- result in us rejecting and/or unable to process your application as our User; and/or
- result in the rescission of our approval in respect of your application as our User.
Purposes of collecting and processing Personal Data
- Personal Data you provide will be processed by us for, amongst others, the following purposes as applicable: –
- to process your application and registration as our User including to assess your suitability for involvement/participation and to communicate with you;
- to provide you with any service you have requested;
- to process your subscriptions and to deliver the services to you;
- for the delivery, update and your participation in our various events, campaigns, notices and updates, and any activities in the Site, which we may consider to be interesting to you time to time;
- in order for you to participate and/or enter into the necessary agreement and/or contract in relation to the services available in the Site;
- for Users relationship management;
- for background checks of User as we may determine to be necessary or appropriate;
- for our internal record management in the ordinary course of business;
- such purposes specifically provided for in any particular services offered by us or administer your participation in the Site;
- to conduct analysis in connection with the services provided in the Site;
- to enable us to send you information by e-mail, telecommunication means (telephone calls or text messages) or social media about services provided by us, our related companies and business partners, authorized third parties which may include but are not limited to the abovementioned purposes which we think may interest you;
- to establish and better manage any relationship we have with you;
- to process any communication you send to us (for example, answering any queries and dealing with any complaints and feedbacks);
- for customer service related matters;
- to notify you about benefits and changes to the features of our services and the Site;
- for collection of payments from you;
- for prevention of crime including but not limited to fraud, money-laundering, bribery and any crime;
- to meet any legal or regulatory requirements relating to our initiatives, programmes, and activities and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any of our Affiliates (as defined below);
- for research, benchmarking, and statistical analysis purposes;
- for audit, compliance and risk management purposes; and
- other related services such as security management, insurance procurement and the Site access management.
- We may share and permit the sharing of your Personal Data with third parties and our Affiliates, for any of the purposes herein mentioned, including but not limited to, facilitating your use of the services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your Personal Data with them, we endeavour to ensure that the third parties and our Affiliates keep your Personal Data secure from unauthorised access, collection, use, disclosure, or similar risks and retain your Personal Data only for as long as they need your Personal Data to achieve the purposes
Storage and retention of Personal Data
Your Personal Data will be stored for such period as may be necessary to fulfil the purposes stated above after which we will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the Personal Data was collected, and is no longer necessary for any legal or business purpose.
Disclosure of Personal Data
- Your Personal Data provided to us may be processed by our Affiliates (in or outside of Malaysia).
- In this Privacy Notice, “Affiliate” means, with respect to any entity, any other entity controlling, controlled by or under our common control. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of the entity in question, whether through the ownership of voting securities, by contract or otherwise and “Affiliates” shall be construed accordingly.
Classes of third parties
- Your Personal Data may be disclosed to relevant third parties (in or outside of Malaysia) as required under law, pursuant to relevant contractual relationship (for example, where we appoint third party service providers) or for the purposes stated in Section 2 above (or directly related to those purposes).
- Your Personal Data may be disclosed to the following classes of third parties: –
- third parties appointed by us to provide services to us or on our behalf (such as banks or financial institutions, software vendors, auditors, lawyers, company secretary, consultants, contractors, professional advisors, service providers, printing companies, conference/training/event organizer, other advisers, insurance companies, investigators and etc.);
- our business partners or Affiliates who may jointly provide the service requested for;
- utility companies;
- law enforcement agencies, including the local police; and
- relevant governmental authorities’, tax authorities, statutory authorities, local council and industry regulators.
Links to other sites
- Links to other sites are provided for your convenience and information. These sites may have their own privacy statement in place, which we recommend you review if you visit any linked websites. We are not responsible for the content on the linked sites or any use of such sites.
Location enabled products or applications
- Location enabled products or applications transmit your location information to us. We do not use the information sent or provided other than to provide the service you request. Location enable features are opt-in and you have control over your participation and can turn these services off at any time or uninstall them.
- Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve you through improved services and revisions to the mobile applications. This collected information will not identify you to us. It may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.
- the date and time you accessed each page on the Site;
- the URL of any webpage from which you accessed the Site (the referrer);
- the web browser that you are using and the pages you accessed;
- browser type;
- webpage you were visiting before you came to the Site;
- the pages within the Site which you visit; and
- the time spent on those pages, items and data searched for on the Site, access times and dates, and other statistics.
- This data is collected for analysis and evaluation in order to help us improve the Site and the services we provide.
- Some web pages may require you to provide a limited amount of Personal Data in order to enjoy certain services on the Site (system login credentials, email address and contact, etc). These Personal Data will only be used for its intended purposes only, i.e., to respond to your message or deliver the requested services.
Right to access and correct Personal Data
- You have the right and shall be given access to your Personal Data held by us and correct the Personal Data where in Personal Data is inaccurate, incomplete, misleading or not up-to-date. In this respect, you may in writing:
- check whether we hold and process your Personal Data;
- request access to such Personal Data;
- request correction of wrong Personal Data;
- request explanation on our policies and procedures in relation to Personal Data handled by us;
- communicate to us your objection to the use of your Personal Data for marketing purposes; and
- withdraw, in full or in part, your consent given previously subject to applicable legal requirements/restrictions, our contractual obligations and a reasonable time frame.
We reserve the right to charge a reasonable administrative fee for retrieving your Personal Data records. If so, we will inform you of the fee before processing your request.
- Please note that if you communicate your withdrawal of your consent to our use or disclosure of your Personal Data for the purposes and in the manner as stated above, or request the deletion or anonymisation of your Personal Data, we may not be in a position to continue to provide our products or services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide our products or services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
Accuracy of Personal Data
- You are responsible for informing us about any changes to your Personal Data to enable us to keep your data accurate and current.
Limiting the processing of Personal Data, Further Enquiries and Contact Point
- If you would like to obtain further information on how to limit the processing of your Personal Data, you may contact: –
|Correspondence Address||:||[The Lakeview Club, Jalan SS12/1, Subang Jaya, 47500 Selangor]|
- Please include the following details in any of your written request which may be used to identify you: –
- identification number (Passport/NRIC number or Divertainment ID); and
- contact number.
- In the event of any conflict between this English language Privacy Notice and its corresponding Bahasa Malaysia Privacy Notice, the terms in this English language Notice shall prevail.