Privacy Policy - Yayasantza

Effective Date: 18 October 2023

INTRODUCTION

Yayasan TZA (Registration No. 202201003123 (1448820-T)), hereinafter referred to as (“Yayasan TZA” or the “NGO”) is a non-governmental organization (NGO) committed to our mission. The NGO, along with our subsidiaries, associates, affiliates and/or related entities (hereinafter collectively and severally referred to as “Yayasan TZA”, “we”, “us”, “our” and any similar expression thereto) are committed to safeguarding the privacy of personal information provided to us and information about visitors to our platforms (“Yayasan TZA Platforms”).

Your privacy is important to us. We treat and view your personal information seriously. Please read this Privacy Policy carefully as it forms part of the Terms of Use which govern the use of the Yayasan TZA’s Services and the Website Platforms.

The Personal Data Protection Act 2010 (“PDPA”) which regulates the processing of personal data in commercial transactions came into force on the 15th day of November 2013. In line with the PDPA, this Privacy Policy (“Policy”) explains how we may collect and use information that we obtain from you, and your rights in relation to the information. Your use of the Yayasan TZA Platforms or your provision of information to us constitutes your acknowledgment of the terms of this Privacy Policy. This Privacy Policy sets out the following:-

the types of data/personal information about you which Yayasan TZA collects and processes when you use any of the Yayasan TZA Services and/or the Yayasan TZA Platforms;
how Yayasan TZA collects, processes and use your Personal Data when you use any of the Yayasan TZA Services and the Yayasan TZA Platforms;
the purpose for which Yayasan TZA collects and processes your Personal Data;
your rights to access to, correct and/or update your Personal Data;
the classes of third parties to which Yayasan TZA may disclose your Personal Data to;
whether there is an obligation for you to supply your Personal Data and the consequences for failing to provide your Personal Data if so obligated; or
how Yayasan TZA safeguards the confidentiality and security of your Personal Data.

SCOPE OF PRIVACY POLICY

This Privacy Policy applies in the following circumstances:-

when you request information from us or provide information to us;
when you or the organization you work for engages our services;
when you complete any forms on the Yayasan TZA Platforms;
when you sign up to attend any events hosted by us or strategic collaborative partners;
when you visit and/or access the Yayasan TZA Platforms; or
when you subscribe to our mailing list, newsletters and/or alerts to receive publications and other marketing emails.

Definition

In this Privacy Policy:-

Terms	Definition
“Consent”	The explicit permission given by Users for Yayasan TZA to collect, process, and use their personal information for specified purposes.
“Contact Information”	How Users can get in touch with Yayasan TZA for inquiries, requests, or concerns regarding their personal information and privacy.
“Cookies”	Small data files placed on a User’s device that help track and improve the User experience on Yayasan TZA Platforms.
“Data Collection”	The process of gathering information from Users, Visitors, or other sources through Yayasan TZA Platforms.
“Data Processing”	The actions taken with the collected data, including but not limited to storage, analysis, transmission, and use for specific purposes.
“Data Retention”	The period for which personal information is stored and the criteria for determining the retention period.
“Data Security”	The measures and safeguards in place to protect personal information from unauthorized access, disclosure, alteration, or destruction.
“NGO”	Stands for non-governmental organization and refers to Yayasan TZA and its related entities.
“PDPA (Personal Data Protection Act 2010)”	Refers to the Personal Data Protection Act 2010, a legal framework that governs the processing of personal data in commercial activities, enforced on November 15, 2013.
“Personal Information”	Any data that can be used to identify an individual, including but not limited to names, contact details, email addresses, and other identifiable information.
“Policy Updates”	The process and frequency by which this Privacy Policy may be reviewed, revised, and updated.
“Privacy Policy (Policy)”	This document, outlining the principles and practices governing the protection of personal information and data privacy.
“Third Parties”	Entities, organizations, or individuals that are not directly affiliated with Yayasan TZA but may be involved in data processing, service provision, or other relevant activities.
“User”	Any person who accesses or uses the Yayasan TZA Platforms, including visitors and registered users.
“User Rights”	The rights granted to individuals regarding their personal information, including the right to access, rectify, delete, or restrict the processing of their data.
“Yayasan TZA (Yayasan TZA)”	Refers to our non-governmental organization, identified by Registration No. 1303559-A.
“Yayasan TZA Platforms”	The digital platforms, websites, or online services owned or operated by Yayasan TZA, through which we interact with users and collect data.

YOUR OBLIGATIONS REGARDING YOUR PERSONAL DATA

You hereby agree that you shall be responsible for the provision of accurate, complete and up-to-date information about yourself and any other person whose personal information you may provide us. You further agree that you shall be responsible for updating your Personal Data as and when it becomes inaccurate, misleading, incomplete and/or out-of-date. To access or correct your personal data, if necessary, please contact us via email at privacy@yayasantza.org. We may need to request additional information to verify your identity before making changes.

In the circumstances where you may provide personal information of another individual other than yourself to Yayasan TZA, you hereby agree and acknowledge that you shall be responsible to inform the said individual of the disclosure of their personal information to Yayasan TZA and obtain his/her consent to the said disclosure.

COLLECTION OF PERSONAL DATA

In compliance with applicable data protection regulations, we hereby provide notice that your Personal Data will be collected, recorded, stored, and processed by Yayasan TZA, including our personnel, in accordance with the relevant data protection laws and regulations. The processing of your Personal Data is essential for us to manage your interactions with Yayasan TZA and to provide you with our services.

We collect Personal Data from you when:-
whenever the Personal Data requested by us is marked as ‘Required’, you acknowledge that you must provide such Personal Data and agree to the processing of the Personal Data by us. You further acknowledge that if you do not agree to provide any such Personal Data deemed compulsory, Yayasan TZA will be unable to provide the Yayasan TZA Services to you and your request to use such services or application to access the Yayasan TZA Platforms will be rejected.
you voluntarily submit your Personal Data to us for any reason whatsoever;
For purposes of providing the Yayasan TZA Services, we may ask for further information which may include but is not limited to your age, gender, residential address, NRIC No[1] [2] ., nationality, contact number, your résumé/curriculum vitae, academic qualifications, working experience, other personal/financial information such as your last drawn salary, and all other information not specifically mentioned herein. Where circumstances require, we may also collect your sensitive personal data consisting of information such as your personal health and medical records.
you subscribe to our newsletters, alerts and/or product notification;
You may subscribe to our newsletters, email/mobile alerts and/or notification regarding our events or products, our strategic collaborative partners’ events, or the Yayasan TZA Services.
We may contact you through email, mobile phone (including but not limited to text messages or push notifications), notices on the Yayasan TZA Website or messages to your Yayasan TZA Website inbox or any other Yayasan TZA Platforms, in order to inform you of the availability of or updates to the Yayasan TZA Services, security-related issues or other service-related issues.
We may also send you messages or alerts on network updates, reminders or promotional messages from us or our affiliates, including without limitation, the Employers or Advertisers.
Whilst you may change your communication preferences at any time, please be aware that you cannot opt-out of receiving service messages from us, including security and/or legal notices.
We collect Personal Data from you when you provide, post or upload the said Personal Data to the Yayasan TZA Platforms e.g. through your interaction with other Users, your activity on the Yayasan TZA Platforms, filling out a survey form, etc.
You are not obligated to post or upload your Personal Data. However, your limited engagement or interaction on the Yayasan TZA Platforms may limit your ability to grow on the Yayasan TZA Platforms and/or engage with any Users on the Yayasan TZA Platforms.
you accept our cookies on your device;
We collect data through cookies and similar technologies. A “cookie” is an element of data that can be sent to your browser. Your browser may then store it on your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol (IP) address and/or the time, date and duration of your visit.
Our website uses this information to analyze the traffic on our website, and better serve you when you return to our website. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the Yayasan TZA website.
you use the Yayasan TZA Platforms or the Yayasan TZA Services;
We log your visits and use of the Yayasan TZA Platforms. We log usage data when you visit or otherwise use the Yayasan TZA Platforms, such as when you view or click on content or advertisements, perform a search, install or update the Yayasan TZA App, share articles, interact with other Users, interact with the Employers or apply for jobs. We use log-ins, cookies, device information and Internet protocol addresses to identify you and log your use.
you interact/connect with us or Employers who initiate a connection with you;
you interact with us on our social media platforms, and/or our customer service representatives (whether third party or otherwise), in any form or manner;
you participate in our promotions, contests, giveaways, activities and/or surveys;
your referee(s) submits your Personal Data to us;
If you choose to provide details of a referee to Yayasan TZA, Yayasan TZA will collect information on your referee’s name, contact numbers, email address, position/job titles and other relevant particulars. The information collected will be enclosed as part of your Job Application and Employers may contact your referee(s) to get references for your Job Application.
you invite a friend to use the Yayasan TZA Services or Yayasan TZA Platforms;
If you choose to tell your friend about the Yayasan TZA Services or invite your friend to subscribe to the newsletter from the Yayasan TZA Services, Yayasan TZA will request for your friend’s name and email address. An email will be sent to your friend with an invitation to use the Yayasan TZA Services and/or Yayasan TZA Platforms.

HOW WE USE YOUR PERSONAL DATA

6.1 The collection and processing of your Personal Data is done for, amongst others, the following purposes (“Purposes”):-

registering and maintaining your subscription to newsletter on the Yayasan TZA Platforms;
obtaining a better understanding of our Users and tailoring the specific Yayasan TZA Services to our Users;
conducting research and development and statistical analysis in connection with the Jobtiviti Services to identify trends and develop new services to cater to evolving demands and the overall improvement and development of the Yayasan TZA Services towards enhancing the Jobtiviti Platforms’ Users’ experience;
contacting you and delivering notices or other forms of correspondence to you (including but not limited to post, short messaging service, email, messages to the inbox of your Account, chat function on the Yayasan TZA Platforms etc.);
monitoring and enforcing compliance with the Candidates’ Terms of Use;
communicating with you and providing you with support services on matters related to (a) your queries, requests and feedback, (b) material changes to the Yayasan TZA Platforms, this Privacy Policy or the Candidates’ Terms of Use;
monitoring and maintaining proper operation, administration and record-keeping in accordance with our internal policies and procedures;
ensuring the proper function and optimising the performance of the Yayasan TZA Platforms by carrying out activities such as debugging and statistical analyses;
assisting Yayasan TZA in understanding your browsing preferences on the Yayasan TZA Platforms in order to enable Yayasan TZA to tailor specific contents to your preference and/or interest;
processing your participation in our or our strategic collaborative partners’, Advertisers’ and/or Employers’ promotions, events, giveaways and/or initiatives of any nature whatsoever;
promoting or marketing to you products and/or services of third parties which we think may be of interest to you;
meeting any legal or regulatory requirements including detection and prevention of fraudulent activities, compliance with any laws and/or orders of Court and disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code;
maintaining a continuous relationship with you and allowing us to provide continuous client care and the upkeeping of any matters relating thereto;
improving the service our customer service/experience team by recording and monitoring phone calls for training purposes; and/or
any other specific purpose which we may notify you on the Yayasan TZA Platforms.
If you do not consent to Yayasan TZA processing your Personal Data for the Purposes set out herein, you must terminate your agreement with Yayasan TZA, terminate your Account and immediately cease usage of the Yayasan TZA Platforms.
Yayasan TZA will seek your consent before processing your Personal Data for purposes other than those set out in Clause 6.1 above.
For the avoidance of doubt, Yayasan TZA does not collect, use and/or process your Personal Data for any political purposes or for any political entities, in any form or manner, whatsoever or howsoever.

DISCLOSURE

7.1 Kindly take note that certain Personal Data relating to you may be disclosed to the following classes of third parties in order for Yayasan TZA to operate its business and provide the Yayasan TZA Services to you with a view to achieve the purposes set out in Clause 6.1 above:-

managing your subscription to Yayasan TZA’s newsletter, ensuring you receive updates, alerts, and notifications related to our activities, events, and services.
strategic collaborative partners or third party contractors or third party service or product providers as may be necessary or appropriate for the purpose of delivering the Yayasan TZA Services to you, including without limitation, to contractors/providers of the following service:-
Profile assessment;
Advertising or marketing;
Maintenance and repair;
Customer service and enquiry;
Market research and analytics; or
Marketing and promotion,
any person to whom we are compelled or required to do so under the law or in relation to any order or judgment of a court, or in response to a competent or government agency;
any party involved in or related to a legal proceeding (or prospective legal proceeding) for purpose of the legal proceedings;
government agencies, statutory authorities, industry regulators and other similar authorities;
when and where necessary, Yayasan TZA’s advisors in order for the advisors to provide advice to Yayasan TZA; or
as otherwise permitted under Malaysian laws, including without limitation, the PDPA.
You will receive a notice before your Personal Data is disclosed to third parties not listed in Clause 7.1 above. You will have the opportunity to deny Yayasan TZA the permission to share your Personal Data to third parties not listed herein.
Change in Control or Sale of the Business of the Company

Should there by a sale of the Company’s business to a third party or where there is a change in control in the Company (“Acquisition”), your Personal Data may be disclosed to the relevant third parties for purposes of the Acquisition. We may also share your Personal Data as part of a sale, merger or change in control, or in preparation of the foregoing events. Any other entity who successfully acquires the Company shall have the right to continue to use your Personal Data but only in the manner set out in this Privacy Policy unless you agree otherwise.

RETENTION OF PERSONAL DATA

Yayasan TZA will retain your Personal Data or any other information pertaining to you for as long as your Account is in existence or for such period necessary to fulfill the purposes set out in Clause 6.1 above, or for any legal or business purposes, and thereafter the Personal Data shall only be retained if necessary for statistics and/or research purposes. The aforesaid information will also include any information you or others provide to us and data generated or inferred from your use of the Yayasan TZA Services.

When your Personal Data is no longer required for any reason connected to the purpose it was originally collected or retention of the same by us is no longer necessary for any other legal or business purposes, we will ensure that such Personal Data is destroyed, deleted or anonymised.

ADMINISTRATION, MANAGEMENT AND PROTECTION OF PERSONAL DATA

9.1 Yayasan TZA is committed to keeping your Personal Data secure. We endeavor to safeguard and maintain the confidentiality of your Personal Data. We will take reasonable steps to hold information securely in electronic or physical form, and to prevent unauthorized access, modification or disclosure of your Personal Data.

9.2 Yayasan TZA will monitor its systems for possible vulnerabilities and attacks, and try to prevent security breaches by putting in place reasonable security measures to ensure that your Personal Data is adequately protected. Your Personal Data will be stored and backed up securely in access-controlled premises or on electronic databases requiring logins and passwords. We also require our third party data storage providers to comply with the appropriate information security industry standards.

Notwithstanding Clauses 9.1 and 9.2 above, you hereby agree and acknowledge that transfer or transmission of information via the Internet or any method of electronic storage is not completely secure. Therefore, we are not able to warrant the absolute security of any information provided to us. Whilst we cannot guarantee that loss, misuse, unauthorized access, disclosure or alteration of data will not occur, we will make reasonable efforts to prevent such occurrences. You further acknowledge that Jobtiviti shall not be responsible nor will Jobtiviti accept responsibility for any unauthorized access or loss of your Personal Data, save as provided for in accordance with this Privacy Policy. Further, Yayasan TZA shall in no event be responsible for any unauthorized use of Personal Data by third parties due to reasons or factors not attributable to Yayasan TZA or beyond the control of Yayasan TZA.

ACCESSING, CORRECTING AND CONTROLLING YOUR PERSONAL DATA

Under the PDPA, you have the rights to request access to, correct and/or update your Personal Data unless compliance of such request is specifically refused under the relevant laws.

As mentioned in Clause 4 above, you are responsible for the provision of accurate, complete and up-to-date Personal Data to us. If any of your Personal Data has changed or is incomplete or is inaccurate or is not up-to-date, you should make the necessary changes or take the necessary rectification action(s) in order to reflect the correct, accurate and up-to-date Personal Data.

10.3 You hereby agree that you shall be responsible for the provision of accurate, complete and up-to-date information about yourself and any other person whose personal information you may provide us. You further agree that you shall be responsible for updating your Personal Data as and when it becomes inaccurate, misleading, incomplete and/or out-of-date by contacting Yayasan TZA via email at privacy@yayasantza.org.

We will make reasonable efforts to ensure that any Personal Data used or processed by Yayasan TZA or disclosed to a permitted third party is accurate and complete. However, Yayasan TZA shall not be held responsible for using or relying on inaccurate or incomplete Personal Data relating to you if you fail to update us on any changes.

We understand that you may have different privacy concerns and/or preferences. You may control how your data is collected, used and/or shared by:-

controlling who you share your Personal Data with by limiting visibility of your Profile or part thereof to a specific audience; or
viewing, editing or deleting your Personal Data and/or preferences at any time.

If you had subscribed to our mailing list, newsletters and/or alerts to receive publications and other marketing materials relating to Yayasan TZA or the Yayasan TZA Services but no longer wish to receive the aforesaid information, you may withdraw your consent at any time by using the “unsubscribe” option in the email or other material where such option is available. Alternatively, you can let us know your preferences by sending an email to privacy@yayasantza.org.

If you would like to request a copy of your data, or would like to take steps to exercise any of your rights, please contact us in writing with your request. We may refuse to provide access and may charge a fee for access if the relevant legislation allows us to do so, in which case we will provide reasons for our decision as required by law. If you have an inquiry or complaint in respect our handling of such Personal Data, you may email privacy@yayasantza.org.

You are entitled to delete your Account at any time. Upon termination of your Account, Yayasan TZA will remove all access to your Account, your Profile and your Personal Data from our database unless the retention of such Personal Data by Yayasan TZA is mandated or authorized by the relevant laws.

TRANSFER OF PERSONAL DATA TO THIRD PARTIES WITHIN OR OUTSIDE OF MALAYSIA

It may be necessary to share your Personal Data with our affiliates, strategic collaborative partners, Employers, Advertisers or third party service providers located within or outside of Malaysia in the course of conducting our business and/or providing the Yayasan TZA Services.

Please note that your Personal Data may be transmitted or accessed in a location outside of Malaysia whose local laws provide various levels of protection for personal data which are not always equivalent to the level of protection that may be provided in Malaysia. In the event of such transmission, we endeavor to take reasonable steps to ensure that your information is treated securely and the means of transmission is adequately safeguarded.

In the event Yayasan TZA reorganizes its corporate structure or transfers all or part of our business, we may need to transfer your Personal Data to new entities or third parties through which our business will be carried out.

By submitting your Personal Data and/or the continued use of the Yayasan TZA Platforms and/or the Yayasan TZA Services, you absolutely and unequivocally consent to the transfer or transmission of your Personal Data.

LINKED SITES AND THIRD PARTIES

The Yayasan TZA Platforms may contain links to other sites which are controlled by third parties. Yayasan TZA is not responsible for such third party sites and Yayasan TZA does not accept responsibility for any third parties’ use of your information arising from your use or engagement with such third party sites. Any Personal Data made available by you on such sites will not have the benefit of this Privacy Policy and will be subject to the relevant third party sites’ privacy policy (if any).

STATUS OF THIS POLICY

Yayasan TZA reviews this Privacy Policy regularly and reserves the right to revise it or any part of it from time to time to reflect changes in the law or technology practices. It is your responsibility to review the amended Privacy Policy.

You will be notified of any changes to the Privacy Policy via the email address provided by you to Jobtiviti or via an announcement on the Yayasan TZA Platforms.

CONTACT AND FURTHER INFORMATION

If you have any questions about this Privacy Policy, wish to submit a written complaint to us about how we handle your Personal Data, want to limit the processing of your Personal Data or want to request access to, correction of and/or to update your Personal Data, please contact us at:-

Address

47, JALAN LIKU BRUAS 50490, KUALA LUMPUR

Email address

info@yayasantza.org

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