Gamuda Berhad, Gamuda Group of Companies and Gamuda Group of Companies’ associates, jointly controlled entities and affiliates and any company to whom you are/will be seconded/transferred to (collectively, "Group"), respects the privacy of individuals with regard to personal data. This Privacy Notice is formulated in accordance with the Personal Data Protection Act 2010 ("Act"). For the purpose of this Privacy Notice, "Personal Data" shall have the meaning as ascribed to it in the Act and “we” shall refer to any of the companies within the Group.
A. INFORMATION COLLECTED
1. The Personal Data about you which we may collect includes:
- information collected when you fill in or update your information with us, which may include personal data such as your photograph, name, contact details, age, marital status, racial or ethnic origin, creditworthiness, physical or mental health or medical condition, dietary preference and/or the commission or alleged commission of any offence or proceedings for any offence committed including past misconduct, the disposal of such proceedings or the sentence of any court in such proceedings;
- the contents of all documents submitted to us, including identity documents and proof of address;
- any messages or comments you submit to us in whatever manner, which may include personal data such as name, email address and telephone number; and
- information required in the course of the Group’s business related activities.
B. PURPOSE OF COLLECTION OF PERSONAL DATA
1. By providing any of your Personal Data to the Group, you hereby agree that the Group shall collect, retain and use the Personal Data for the following purposes:
- providing you with services or benefits under any of the Group's businesses or policies and/or for any human resource purposes including but not limited to:
- assessing individual work performance, attendance and disciplinary record;
- conducting employee disciplinary proceedings;
- conducting training of employees;
- obtaining and maintaining employee health records and information which includes requiring you to provide medical health records, complete a medical questionnaire and/or undertake a medical examination;
- reviewing salaries, bonuses and other benefits;
- providing employee references which include: letters to third parties providing employee’s details (excluding salary information) of employment with the Group;
- monitoring business communications (which includes, but not limited to, communications by telephone and email) for reasons which include: providing evidence of business transactions; ensuring that our business procedures, policies and contracts with employees are adhered to; complying with any legal obligations; monitoring standards of service, staff performance, and for staff training; and
- all other matters relating to your employment with the Group as the Group considers to be necessary or appropriate; and/or
- processing your application under any of the Group's programmes; and/or
- conducting research on planning, products, goods, services, security and testing; and/or
- carrying out matching procedure in accordance with the law; and/or
- performing statistical analysis for various objectives in the Group and providing this information within the Group; and/or
- where you have provided your resume, considering you for any jobs that may arise in the Group; and/or
- purposes connected with the operation, administration, development or enhancement of the Group’s business including for the purpose of which is relevant to support and/or assist in any of the Group’s businesses (for example, providing information on you and on your working experience to fulfil information as required for the submission of tenders for projects or for fulfilling regulatory requirements); and/or
- where required by law, where the Group consider that such use or disclosure is necessary to respond to any claims or legal process, or where the Group suspects that fraud or unlawful activity has been, is being or may be engaged in; and/or
- where a third party acquires or wishes to acquire, or makes inquiries in relation to acquiring, an interest in any company within the Group; and/or
- where a third party requires in order for such third party to perform functions or services as required by the Group (for example, to insurance companies who are arranging for the Group’s term life/insurance policy(ies) and to banks who are arranging for salary remittances (for employees) and to bank for scholarship disbursements and living expenses payments (for scholars); and/or
- where a third party requires in order for such third party to perform functions or obligations as required under the laws, rules, regulations, by laws and/or guidelines (whether or not having the force of law) or as required by any governmental and/or non-governmental authorities, agencies or departments (for example, to external auditors who are auditing the Group’s human resource and learning/training centre’s processes) or a third party requires in order to ensure compliance with agreement(s) or document(s); and/or
- where a third party requires in order for purposes of preparation and submission of any claims or payments to any party or for any audit/checks by any party for whatever purpose related to the Group’s business; and/or
- purposes connected with the enforcement of the Group’s rights pursuant to any letter, agreement and/or document including seeking legal and financial advice, taking any preliminary steps or commencing any legal action; and/or
- if you are applying for a scholarship, in addition to the purposes set out here, for evaluating and assessing your eligibility for scholarships as may be provided by the Group and if you are successful, for the subsequent preparation and execution of the relevant agreements and documents and administration of the scholarships; and/or
- if you are applying as a trainer or has been appointed as trainer, in addition to the purposes set out here, for evaluating and assessing your suitability and if you are successful, for the subsequent preparation and execution of the relevant agreements and documents and administration of your appointment as a trainer; and/or
- making such disclosures as may be required for any of the above purposes or by law.
C. USE AND DISCLOSURE
1. You further agree that the Group may disclose and transfer (whether in Malaysia or abroad) amongst any company within the Group and/or to third parties including but not limited to the Group's agents, consultants, solicitors, auditors, employers, contractors, suppliers, partners, joint venture partners, advertisers, purchasers, network operators, service providers, associated companies, any relevant authorities, embassies, statutory bodies, regulatory bodies, organisations or any relevant financial institutions, any other persons under a duty of confidentiality to the Group or any company within the Group, any of the companies within the Group, (including those established or incorporated from time to time), actual or proposed assignees or transferees or buyers of any of rights/businesses/assets of the companies within the Group, service providers (including those who assist us in providing/developing/maintaining the Group’s Website and digital platforms), for the Group’s operational, administration and development requirements and to organizations who provide archival, auditing, professional advisory, debt collection, insurance, banking, marketing, advertising, mailhouse, delivery, recruitment, call centre, technology, research, utility, loyalty programme and security services to use, disclose, hold, process, retain or transfer such Personal Data for the purposes of (B) above for and on behalf of Group.
2. The Group uses and discloses aggregated non-personally identifying information collected by us as part of the Group’s process of constantly improving the Group’s Website, our business and/or the Group’s business.
D. IMPACT OF NON PROVISION OF PERSONAL DATA
1. Please note that in the event that sufficient Personal Data is not supplied, or is not satisfactory to the Group then your application or request to the Group for any of the above purposes as set out in (B) above may not be accepted or acted upon or your request to browse some information on the Group’s Website may be denied or the Group will not be able to provide the full range of benefits and/or services and/or perform its obligations under any potential or existing contract with you.
E. STORAGE AND RETENTION OF THE PERSONAL DATA
1. Your Personal Data shall be stored either in hard copies in the Group’s offices or stored in servers located in or outside Malaysia and operated by the Group or its service providers in or outside Malaysia.
2. Any Personal Data supplied by you will be retained by the Group as long as necessary for the fulfillment of the purposes stated in (B) above or is required to satisfy any legal, regulatory and/or accounting requirements or to protect the Group's interests.
3. The Group does not offer any online facilities for you to delete your Personal Data held by the Group.
F. JOB APPLICANTS
1. Personal Data provided in connection with an application for employment will be used to determine your suitability for a position with the Group and, if applicable, your terms of employment or engagement.
2. You hereby confirm that you have duly obtained the consent of your referee(s) for the use and disclosure of your referee(s)’ Personal Data to the Group and that the Group may use your referee(s)’ Personal Data in accordance with this Privacy Notice.
3. Your Personal Data may also be used to monitor the Group’s recruitment initiatives and equal opportunities policies.
4. Your Personal Data may be disclosed to third parties to verify or obtain additional information including education institutions, current/previous employers and credit reference agencies. Credit reference agencies record these searches and you can contact us to find out which agencies we used.
5. Unsuccessful applications may be retained to match your skills to future job opportunities.
1. Personal Data held by the Group will be kept confidential in accordance with this Privacy Notice pursuant to any applicable law that may from time to time be in force.
2. Any questions, comments, suggestions or information other than Personal Data submitted to us in whatever manner will be deemed voluntarily provided to the Group on a non-confidential and non-proprietary basis.
3. The Group reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely as set out in (C) above.
H. SAFETY OF PERSONAL DATA
1. The Group uses a number of mechanisms to protect the security and integrity of your Personal Data.
I. TRANSFER OF PERSONAL DATA
1. Due to the global nature of the Group’s business, the Group may transfer your Personal Data to the other members of the Group (which may be located in other countries) or to any parties located in other countries (including countries that have a different data protection regime than is found in the country where you are based). Any Personal Data transferred shall be used for the purposes as set out in (B) above and disclosed to parties stated in (C) above.
J. RIGHT OF ACCESS TO PERSONAL DATA
1. Under the Act, you have the right of access to your Personal Data held by the Group and you may request that the Group correct any of your Personal Data that is inaccurate, incomplete or out-of-date, subject to any applicable legal restrictions and contractual/employment conditions.
2. If you have any questions regarding this Privacy Notice or if you wish to request access to your Personal Data or if you wish to correct your Personal Data or if you wish to withdraw your consent to the Group for the processing of your Personal Data for the purposes as set out in (B) above or for the transfer of your Personal Data to the parties stated in (C) above, you may send your request in writing to the following address:
Gamuda Bhd and/or the Group
D-13-1, Block D, PJ Trade Centre
No. 8, Jalan PJU 8/8A
Bandar Damansara Perdana
47820 Petaling Jaya
Selangor Darul Ehsan
|Person in charge||:||Head of Gamuda Learning Centre|
3. Please note that notwithstanding the withdrawal of your consent, the Group may still proceed to process your Personal Data in circumstances recognized and permitted by law and as required under the contractual/employment conditions.
K. CHANGES TO PRIVACY NOTICE
1. The Group reserves the right to amend this Privacy Notice from time to time without prior notice. The Group advises that you check this Privacy Notice on a regular basis.