Copyright 2017 - ThreeSixty Technologies Sdn Bhd

This Privacy Policy explains how ThreeSixty Technologies Sdn Bhd (596972-H), (referred to as "360"), handles the personal information that you provide to us via the registration forms or on web sites controlled by 360 which link to this Privacy Policy (together referred to as "360 Web Site(s)"). Your use of 360 Web Sites is subject to this Privacy Policy and the Website Terms of Use. Please read this Privacy Policy before using 360 Web Sites or submitting personal information to us.

 

1 THIS POLICY & YOU

1.1   Pursuant to the Personal Data Protection Act 2010, this Privacy Policy outlines the rights, interests, obligations and duties of all parties involved in the collection, gathering, recording, holding, storing or processing (as defined below) of personal information and data as may be protected by the Act.

1.2   For the purposes of this Privacy Policy, the expression "you", "yours" or any other cognate word or expression of similar nature shall mean the subscriber of the Services (as defined below) and/or any customer of 360, as the case may be.

1.3   You hereby agree and accept that this Privacy Policy forms an integral part of the terms and conditions of the use of the Services.

 

2 DEFINITIONS

2.1  For the purposes of this Personal Data Protection Policy, the following capitalized words shall have the meanings as ascribed to them:

“Act" Means the Personal Data Protection Act 2010;

 

"Personal Data” Shall mean 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 a 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 carried on by a credit reporting agency under the Credit Reporting Agencies Act 2009;

 

“Policy" Means this Personal Data Protection policy and any other amendments, supplements and/or additions as may be added from time to time to it;

 

“Processing" In relation to personal data, means collecting, recording, holding or storing the personal data or carrying out any operation or set of operations on the personal data, including (a) the organization, adaptation or alteration of personal data; (b) the retrieval, consultation or use of personal data; (c) the disclosure of personal data by transmission, transfer, dissemination or otherwise making available; or (d) the alignment, combination, correction, erasure or destruction of personal data; and

 

“Services" Means collectively the products and services offered by 360 over its communications network.

 

3 PURPOSE OF COLLECTING PERSONAL DATA

3.1  You agree that all Personal Data collected and/or gathered by 360 may be used in one of the following ways ("Purposes"):

3.1.1      To process your application for the Services;

3.1.2      To conduct credit checks on you or establish the existence of any previous or outstanding breaches, indebtedness, defaults whatsoever that the individual concerned may have with any third party;

3.1.3      To update and maintain 360's internal records, filing, systems and operations for the management and administration of the Services including but not limited to the purpose of billing you;

3.1.4      To conduct training for internal staff in relation to the Services;

3.1.5      To enforce any of your obligations in respect of the Services, including collection of the outstanding amounts due from you;

3.1.6      To activate, manage or administer payment or credit facilities with third party financial institutions as may from time to time be instructed by a subscriber of Services;

3.1.7      To investigate and resolve any service issues, billing queries, complaints, fraudulent activity or other enquiries that you submit to us regarding our network, monitor and improve the performance of our network, our Services, our customer relations teams and service providers and 360 Web Sites;

3.1.8      To conduct market analysis, research and development to improve and/or to introduce Services to you;

3.1.9      To communicate, market, promote, offer or notify you on any enquiries or complaints, new services or products of 360's group;

3.1.10    To support 360 group's business, planning and decision making processes;

3.1.11    To notify you on any updates, developments, or changes or new offerings of any Services including but not limited to any promotions, special offers and/or marketing launch;

3.1.12    To comply with any requirements of any laws or regulations or direction of any national, enforcement, regulatory body/agencies in respect of the Services; and other incidental and associated purposes relating to any of the above.

 

4 DISCLOSURES TO THIRD PARTIES

4.1  In line with the express Purposes set out in Clause 3 above, 360 may disclose so much of any Personal Data collected or gathered to the following third parties:

4.1.1      To other telecommunications operators as part of the national inter-operator initiative to combat fraud and to prevent abuse of telecommunication services;

4.1.2      To any auditors, professional advisors, third party service providers, nominees, agents or contractors appointed by 360 in order to carry out the Purposes set out in Clause 3.1 above;

4.1.3      To relevant national and other enforcement or regulatory agencies/bodies as part of any obligation imposed by law or in relation to any activity pertaining to the administration of justice, detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders or in the interests of national security;

4.1.4      To the Official Assignee's Office of the Insolvency Department of Malaysia for purposes of conducting a bankruptcy search;

4.1.5      To any relevant bank, financial institution or similar entity as may be instructed by you pursuant to any credit facility or payment mechanism initiated at your request;

4.1.6      To 360's shareholders and between the companies which make up the 360 Group and to affiliated companies for the purpose of establishing and maintaining a common database of customers to avoid duplication;

4.1.7      To strategic partners that work with 360 to provide 360's Services or that help market 360's Services (such as our network of dealers);

4.1.8      To any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceeding;

4.1.9      To professional advisors appointed by 360 on a need to know basis for the purpose of those advisors providing advice to us;

4.1.10    To any third party which acquires all or part of the assets or business of 360 (including accounts and trade receivables) for the purpose of that third party continuing to provide all or that part of the business of 360 which it acquires or acquired (including any relevant Services);

4.1.11    To parties nominated or appointed by 360 either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where 360 has a legitimate common interest; and

4.1.12    Otherwise as required or permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010.

4.2  Save and except with your express consent, 360 shall maintain strict confidentiality of your Personal Data and not disclose any portion or part thereof to any other entity or third party aside from the ones listed in 4.1 above.

 

5 CONSENT & RIGHT TO WITHDRAW CONSENT

5.1  You are given notice that the Services will only be made available to you upon you accepting and expressly consenting to the terms of this Privacy Policy, where such express acceptance and consent shall be evidenced by you clicking or checking or indicating accordingly on the relevant consent portion of the registration forms or such other documents as may be furnished to you, as the case may be.

5.2  By so indicating your acceptance of the terms of thisl Privacy Policy, you shall be deemed to have expressly consented to the processing of your Personal Data by 360 or any of its authorized agents, employees, partners and/or contractors for the Purposes outlined in Clause 3.1 above.

5.3  You hereby agree and accept that by registering and/or continuing to use the Services, you authorize and consent to your Personal Data being processed by and where required, disclosed to classes of third parties as identified by 360 in Clause 4.1 above for the purposes of 360 providing the Services to you. For the avoidance of doubt, you also hereby explicitly consent to 360 processing any sensitive personal data relevant for such purposes.

5.4  Notwithstanding anything to the contrary, you may at any time withdraw your consent to 360 processing any Personal Data of yours or to any part or portion of the processing by sending to 360 at the address set out below a written notice of withdrawal and within the period prescribed under the Act, 360 shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of 360's other legal obligations.

 

6 RIGHT TO ACCESS & CORRECT

6.1  You shall, upon written request, be granted access to all Personal Data held or stored or processed by 360. To avoid confusion, "access" for the purposes of this provision shall mean notification of such Personal Data of yours that is being processed by or on behalf of 360 and to have a copy of such Personal Data communicated or conveyed to you in an intelligible form of 360's choosing.

6.2  You may at any time make a written request to 360 to correct any Personal Data of yours that is inaccurate, incomplete, misleading or out-of-date and 360 shall, upon receipt of your written request for correction(s) and within the period prescribed under the Act, take all necessary measures to give effect to such correction(s).

 

7 SECURITY, STORAGE & DURATION OF DATA RETENTION

7.1  360 shall ensure that all Personal Data collected by it shall be stored and/or filed in such manner as to ensure that the Personal Data maintains its accuracy, integrity, remains confidential, is protected against loss, misuse, modification and unauthorized or accidental access, disclosure, alteration, destruction or manipulation.

7.2  360 shall store and/or retain all Personal Data only for as long as required for the fulfilment of the purposes stated in Clause 3 above or pursuant to any legal obligation imposed upon 360 in its operation of the Services or by virtue of any applicable law that may from time to time be in force.

 

8 EXCEPTIONS & EXCLUSION OF LIABILITY

8.1  Notwithstanding the foregoing provisions, 360 reserves the right to refuse to entertain any request for withdrawal of consent, access or correction in the following circumstances:

8.1.1      Where there is an insufficiency of information provided by you or any party making a request to enable 360 to positively locate or identify the Personal Data in question;

8.1.2      Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where 360 feels that you or the requesting party is not in fact the owner or the subject of the Personal Data in question and is not lawfully entitled to make any requests in relation to the Personal Data;

8.1.3      Where permitting access or correction would be tantamount to a violation of an order of Court;

8.1.4      In requests for access or for correction (excluding instances of withdrawal of consent):

(a) where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy or that of the part making a request;

(b) where compliance with the request would involve the unauthorized disclosure of Personal Data belonging to a third party;

(c) where compliance would result in the disclosure of confidential commercial information; or

(d) where access is regulated by another law.

8.2  In the area of Personal Data protection, 360 shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of Personal Data in the following instances:

8.2.1      Where an act of nature or event outside the control of 360 results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;

8.2.2      Where Personal Data is readily available or able to be found in the public domain; and

8.2.3      Where despite 360's best efforts, there is unauthorized access, modification, alteration, misuse, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under the control or direction of 360.

 

9 NOTICES AND COMMUNICATIONS

9.1  Please direct any requests to withdraw consent (Clause 5.3) or to request access and/or correction to any Personal Data (Clause 6) as follows:

Customer Service

Address  : 30-1, Jalan Presiden F U1/F,

Accentra Glenmarie,

Section U1,

40150 Shah Alam,

Selangor, Malaysia

Tel: 03-5569 5919/5929

Email: grp.cust.serv[at]360-technologies.com

 

9.2  We endeavor to take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our systems in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the Services to you that you;

9.2.1      provide us with the accurate and complete Personal Data of yourself and/or any relevant person (including their consents) for purposes of acquiring and/or subscription of the Services.

9.2.2      update us as and when such Personal Data provided earlier to us becomes incorrect or out of date by contacting our Customer Service as stipulated in Clause 9.1 above.

9.3  In the event you have provided 360 with any personal information of third party for the purposes of the Services, you shall:

9.3.1      undertake and warrant to 360 that you are in possession of all necessary consents and shall continue to maintain such consents as may be required for the processing and transfer of such personal information by 360; and

9.3.2      agree that it shall be your responsibility to advise 360 in writing in the event there is any relevant change in the information including personal data supplied to 360 which requires action on the part of 360.

9.4  Please note that all notifications or other communications from you to 360 must be in writing, legible and contain your full name, current address, NRIC number and contact particulars. 360 reserves the right not to entertain any notices or communications which do not contain the foregoing particulars, are illegible, incomprehensible or where the party concerned cannot be contacted or where contact particulars are found to be incomplete, inaccurate or in error.

 

9.5  You hereby accept that 360 may be required to revise and/or modify this Privacy Policy from time to time. In the event of such revision and/or modification, 360 will communicate such revision and/or modification at 360 Web Site or such other mode as 360 may deem appropriate. In this regard, you agree that by continuing to use the Services after such notification, that you have agreed to be bound by, accepted, and/or consented to such revision and/or modification.