We at Fifth Evernew Sdn Bhd (“FESB”) take our responsibility under the Personal Data Protection Act 2010 (“the PDPA”) seriously.  We recognise the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. 

This Data Protection Policy is designed to assist you in understanding how we collect, use, disclose, and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data. 

If you, at any time, have any queries on the Policy or any other queries or complaints in relation to how we may manage, protect and/or process your personal data, please do not hesitate to email our Administrative Representatives.

In the event of any unsatisfactory response from our Administrative Representatives to your queries or complaints, you may refer your concerns to the supervisory authority within the respective jurisdictions in accordance with the personal data laws.  

INTRODUCTION TO THE PDPA

“Personal Data” is defined under the PDPA to mean data relating to an individual who can be identified from that data and other information in the possession of an individual and includes any sensitive personal data and expression of an individual. Common examples of Personal Data include names, identification numbers, contact information, photographs, and video images.

We will collect, use and process your Personal Data in accordance with the PDPA.  We will notify you of the purposes for which your Personal Data may be collected, used, disclosed, and/or processed, as well as obtain your consent for the collection, use, disclosure, and/or processing of your Personal Data for the intended purposes unless an exception under the law permits us to collect and process your Personal Data without your consent. 

COLLECTION OF PERSONAL DATA

“Your Personal Data is collected and stored when you join any trainings with us, when you enter our website and when you provide Personal Data to us through any other channel.  

PURPOSE OF COLLECTING PERSONAL DATA 

Your Personal Data will be collected, used and otherwise processed by us or our authorized parties for the following purposes: 

• to better understand your needs, provide our marketing information.
• to provide you better customer service.
• for other purposes as notified to you at the time of collection.
• for other purposes directly relating to any of the above.

By providing your Personal Data to us, you acknowledge and accept that we may retain your information for as long as necessary for us to fulfill the purposes for which your information was collected and for us to comply with the PDPA and any relevant law. 

You may choose whether or not to provide your Personal Data to us.  However, your failure to supply us with your Personal Data may result in us being unable to provide you with services and/or products.  It is mandatory for you to provide us with your Personal Data when you choose to make an application for any training sessions.  As such, if you do not provide us with your Personal Data when you join any training sessions, we will not be able to accept your request.

DISCLOSURE OF PERSONAL DATA

We respect the confidentiality of the Personal Data you have provided to us. In that regard, we will not disclose your Personal Data to third parties without first obtaining your consent permitting us to do so.  Your Personal Data may be disclosed to the following parties: 

• our agents and sales representatives and affiliates
• those to whom we outsource certain business operations.
• commercial partners or companies related to or affiliated with us. 
• our auditors, solicitors, loss adjusters, accountants, surveyors.
• our external claim data collectors, investigators, and other professionals.
• service providers, contractors, and sub-contractors who are involved in the provision of facilities, products, and/or services to us.
• Government or regulatory bodies, bureaus, agencies, or any person to whom we are required by law to disclose information.
• any person to whom we may determine to be necessary or appropriate. 

Where permitted, your Personal Data may be provided to any of the parties above who may be located in or outside of Malaysia.  Your Personal Data may be transferred to, stored, and processed in a jurisdiction where a service provider or contractor is located.  By providing us with Your Personal Data, you consent to us disclosing your Personal Data to those third parties and/or the transfer of your information outside your jurisdiction or to those third parties described above.

REQUEST FOR ACCESS AND/OR CORRECTION OF PERSONAL DATA

You may request to access and/or correct your Personal Data currently in our possession or control by submitting a written request to us by contacting our Administrative Representatives via email. 

We reserve our rights to charge for any costs related to and necessary for the processing of any request relating to your Personal Data. 

REQUEST TO WITHDRAW CONSENT 

You may withdraw your consent for the collection, use, and/or disclosure of your Personal Data in our possession or under our control by submitting a written request to us. 

You should note, however, that your withdrawal of consent could result in certain legal consequences arising from such withdrawal.  In respect of FESB, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we will not be able to continue with your existing relationship with us and/or the policy or policies you have with us will have to be terminated. 

ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA 

We will make reasonable efforts to ensure that your Personal Data is accurate and complete. However, this means that you must also update us of any changes in your Personal Data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete Personal Data arising from you not updating us of any changes in your Personal Data that you had initially provided us with. 

We will also put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured.  Appropriate security arrangements will be taken to prevent any unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage, and/or alteration of your Personal Data. However, we cannot assume responsibility for any unauthorised use of your Personal Data by third parties which are wholly attributable to factors beyond our control. 

This website may contain links to third-party websites which we have no control over.  You should review the privacy policies on those websites to understand their policies on how they deal with your Personal Data. 

We will also put in place reasonable measures such that your Personal Data in our possession or under our control is destroyed and/or anonymised as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served by the retention of such Personal Data; and (ii) retention is no longer necessary for any other legal or business purposes. 

Where your Personal Data is to be transferred out of Malaysia, we will comply with the PDPA in doing so.  In this regard, this includes us obtaining your consent unless an exception under the PDPA or law applies, and taking appropriate and reasonable steps to ascertain that the foreign recipient organisation of the Personal Data is bound by legally enforceable obligations to provide to the transferred Personal Data a standard of protection that is at least comparable to the protection under the PDPA. This may include us entering into an appropriate contract with the foreign recipient organisation dealing with the Personal Data transfer or permitting the Personal Data transfer without such a contract if the PDPA or law permits us to.