- hereinafter referred to as “MGCC” -
MGCC is committed to ensuring that the Personal Data of all Parties who have dealings with MGCC (hereinafter referred to as “Data Subjects”) are protected. These Terms and Conditions describe how MGCC processes (which means amongst others, collecting, recording, holding or storing) your personal data, the purpose of our processing of your personal data, the third parties whom MGCC may transfer your Personal Data to, of your rights to request access and correction to your Personal Data, how you can instruct us if you have any inquires, complaints or if you prefer to limit use of that Personal Data and procedures that we have in place to safeguard your privacy.
MGCC reserves the right to revise and/or amend these Terms and Conditions at any time; the updated version of which shall be posted at MGCC’s website. Unless you contact MGCC with regard to the same (MGCC’s contact details are provided at paragraph 8 below), you will be deemed to have accepted the updated version of these Terms and Conditions.
1. Purpose of the Terms and Conditions
MGCC respects the integrity of Personal Data and is committed to protect the Personal Data of its employees, customers, members, partners, and other individuals who trust MGCC with their information.
The purpose of MGCC’s Terms and Conditions is to ensure compliance with Malaysian, German and European laws and regulations in the field of Personal Data and Privacy Protection, namely the Malaysian Personal Data Protection Act 2010, the German Bundesdatenschutzgesetz (BDSG), and the EU General Data Protection Regulation (EU-GDPR). These Terms and Conditions explain how MGCC collects, uses, stores, transfers, and secures the Personal Data of its clients, members, partners and employees as well as informs about how MGCC protects their rights.
In the course of your dealings with MGCC, we may collect and/or you, your legal representatives or a third party may have provided data and information about yourself (“Personal Data”) to MGCC. Such Personal Data may have been provided to MGCC through your engagement of our services, your application to become MGCC’s member or for training under MGCC, registration for any of the events, seminars, talks, conferences or symposiums organised by us, your use of MGCC’s website at www.malaysia.ahk.de/en/ where cookies are used, in the course of your dealings with us whether as a supplier, service provider to MGCC or otherwise or through any other means of communication between you and MGCC. The processing of your Personal Data is necessary in order for us to process your applications which includes without limitation to VISA, employment pass, professional visit pass, dependent pass; to become a trainee and/or member of MGCC; your registrations for events, seminars, talks, conferences or symposiums organised by us or any other services or activities which you are involved with us; and/or to perform any of our contractual obligations owing to you or a third party.
2. Nature of Personal Data
“Personal Data” may include information concerning your name, age, identity card number, passport number, address, gender, date of birth, contact information, email address, telephone number, nationality, photo, curriculum vitae, academic qualifications, vocational background, language background, employment contract, marriage certificate, birth certificate, salary slip, designation and company name (if applicable).
We may also collect sensitive personal data (if applicable) such as your medical records, religious beliefs, commission of any offence etc. (hereinafter personal data and sensitive personal data shall collectively and severally be referred to as "Personal Data").
3. Impact Resulting from Failure to Provide
The failure to supply such Personal Data or if such Personal Data provided is not satisfactory to MGCC will result in us being unable to process your applications which includes without limitation to VISA, employment pass, professional visit pass, dependent pass; to become a trainee and/or member of MGCC; your registrations for events, seminars, talks, conferences or symposiums organised by us or any other services or activities which you are involved with us; and/or to perform any of our contractual obligations owing to you or a third party.
4. Purpose of Collecting Data
The Personal Data that you provide will be collected, used and otherwise processed by us for the following purposes:
Clients, training applicants, members of MGCC or recipients of MGCC’s products and/or services:
- Processing your application as trainee of MGCC and/or sending your application to training companies;
- Setting up a database for contacts for distribution partners search and roadshows;
- For immigration submissions, endorsement in passport, processing of work permit and/or to complete application forms for submission to government bodies;
- Processing your application to become a member of MGCC;
- For MGCC’s user or customer relationship management procedures to monitor and improve our services and conducting marketing and client profiling activities in connection with our services and related products;
- For such purposes specifically provided for in any particular service or product offered by us;
- For our internal record keeping;
- For the drafting of contracts;
- Updating MGCC’s invoicing database, to collect payments from you (if applicable) and/or for administrative purposes;
- Sharing best practices or trend research;
- Meeting any legal or regulatory requirements relating to our provision of services and products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us;
- For purposes relating to any of the above (including but not limited to research, benchmarking and statistical analysis).
Our suppliers or service providers
- Processing your application to become our suppliers or service providers;
- Updating MGCC's database including information on its website and information of MGCC’s Handbook and Directory;
- Marketing of such services, products, events/functions/seminars offered by MGCC which may be of interest to you;
- To compile attendance listing of MGCC's functions;
- Conducting credit checks on you and for collection of payments from you or your employer;
- For such purposes specifically provided for in any particular service or product offered by us;
- For our internal record keeping;
- Meeting any legal or regulatory requirements relating to our provision of services and products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us];
- For purposes relating to any of the above (including but not limited to research, benchmarking and statistical analysis).
5. Disclosure
Personal Data and information provided to MGCC will generally be kept confidential but you hereby consent to the processing of your Personal Data by MGCC for the purposes set out in section 4 aforementioned. MGCC may disclose the Personal Data that you have provided to the following categories of parties:
- Any person to whom we are compelled or required to do so under the law or in response to a competent body or government agency;
- Any related companies of MGCC, including those located outside Malaysia and/or those established in the future;
- Our business partners and online affiliates that provide related services or products in connection with our business;
- Government agencies, statutory authorities and industry regulators;
- Our auditors, consultants, accountants, lawyers or other financial or professional advisers, credit reporting agencies;
- Our sub-contractors or third-party service or product providers as may determine to be necessary or appropriate.
The Personal Data will be disclosed, where necessary, to inter alia, the Immigration Department, Inland Revenue Board of Malaysia, German Embassy, Companies Commission of Malaysia (‘CCM’), translator of documents, Malaysian Investment Development Authority (‘MIDA’), training company's human resource managers, funding organisation for Public- private Partnership ('PPP'), partners of PPP, co-organising parties in seminars or event, selected clients and agents of MGCC.
6. Data Transfer & Sharing
Where we consider it necessary or appropriate for the purposes of Data Storage or processing or providing any service or product on our behalf to you, we may transfer your Personal Data to MGCC's agents, affiliates or third-party service or product providers within or outside Malaysia. If the Data is transferred to storage locations outside of Malaysia, MGCC takes all appropriate steps to ensure that the Data is stored under the same level of protection as it does inside Malaysia.
7. Your Rights of Access and Correction
7.1 You have the right to request access to and correction of Personal Data held by us and in this respect, you may:
- Check whether we hold or use your Personal Data and request access to such data;
- Request that we correct any of your Personal Data that is inaccurate, incomplete or out-of-date;
- Request that your Personal Data is retained by us only as long as necessary for the fulfilment of the purposes for which it was collected;
- Request that we specify or explain our policies and procedures in relation to data and types of Personal Data handled by us; and
- Communicate to us your objection to the use of your Personal Data for marketing purposes whereupon we will not use your Personal Information for these purposes; and
- Withdraw, in full or in part, your consent given previously, in each case subject to any applicable legal restrictions, contractual conditions and a reasonable time period.
7.2 The person to whom you may make written requests for access to Personal Information or correction and/or deletion of Personal Information or for information regarding policies and procedures and types of Personal Information handled by us is:
Data Protection Officer
E-mail Address: pdpa@malaysia.ahk.de
Telephone: +60-3-9235-1800 Fax: +60-3-9235-1930
Address: Lot 20-01, Menara Hap Seng 2, No. 1 Jalan P. Ramlee, 50250 Kuala Lumpur, Malaysia Kuala Lumpur, 16.03.2018