In connection with collecting, using, and disclosing your personal information, Tokyo Electron (Malaysia) Sdn. Bhd. ("TMY" or “we”) will comply with the "Personal Data Protection Act 2010" (“PDPA”) and its related laws and regulations, and the practices which are generally accepted as fair and appropriate for the handling of personal information, and TMY will properly handle the personal information.
Personal information means any information in our possession about an individual, regardless of whether the individual is an employee of a customer or a business connection of TMY or an employee of TMY, and which can identify the specific individual such as the individual’s name, date of birth or other description contained in such information, number, code or other sign allocated to the individual, and/or picture or voice.
2．Providing Information to Employees
TMY will define the rules and regulations for the handling of personal information, and will make every reasonable effort to inform all employees (including the directors and officers, the regular employees, the contract employees, the temporary employees, the part-time employees who are employed on a long term basis, the part-time employees who are employed on a short term basis and the independent contractors who are dispatched to TMY by third party staffing companies) of such rules and regulations, and to make them observe such rules and regulations so as to properly handle the personal information.
3．Collection and Use
TMY will collect the personal information through proper and fair procedures, and will only collect, use and/or disclose such personal information for the purposes specified below.
It is necessary for TMY to collect and process your personal information. If you do not provide us with your personal information, we will not be able to effectively provide products and/or services to you or process your personal information for any of the purposes specified below, if at all.
4．Purposes of Collection, Use and/or Disclosure
TMY may collect, use and/or disclose the personal information provided by you to TMY for the following purposes:
(a) considering whether to provide you with the products and/or services you applied for;
(b) processing your application for TMY’s (including TMY’s parent company, i.e. Tokyo Electron Limited and its affiliates or related corporations (Collectively "TEL Group”)) products and/or services;
(c) administering and/or managing your relationship with TMY and TEL Group;
(d) carrying out your instructions or responding to any enquiries by you;
(e) dealing in any matters related to the products and/or services which you have applied for;
(f) developing, designing and providing you with any after-sales service (such as maintenance services) in relation to any products and/or services provided to you by TMY and TEL Group;
(g) contacting you or communicating with you via phone / voice call, text message, fax message, e-mail and/or postal mail for the purposes of conducting marketing and sales efforts in relation to any products and/or services provided by TMY and TEL Group but only to the extent that you provide such contact details to TMY;
(h) administering and/or managing TMY and TEL Group’s public relations and investor relations activities; and
(i) complying with applicable law in administering and managing your relationship with TMY and TEL Group.
(collectively, the “Purposes”).
In order to conduct our business operations more smoothly, TMY may also be disclosing the personal data you have provided to TMY to TMY’s third party service providers, agents and/or TEL Group , and/or other third parties whether sited in Malaysia or outside of Malaysia, for one or more of the above-stated Purposes. Such third party service providers, agents and/or TEL Group and/or other third parties would be processing your personal data either on TMY’s behalf or otherwise, for one or more of the above-stated Purposes.
If TMY uses the personal information for any other purposes than the above, TMY will notify you and obtain your express consent for the collection, use and/or disclosure for such other purposes in advance.
In the event that TMY amends or alters the existing purposes of collection, use and/or disclosure, TMY will notify you of such changed purposes or will publicly announce such changed purposes in advance.
TMY will endeavor to take reasonable measures in order to prevent the illegal access to the personal information, loss, destruction, alteration and leakage of the personal information, and to ensure that sufficient security procedures and protocols are in place for the personal information. TMY will continuously review and will continually strive to improve the handling of the personal information.
TMY implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information, to help TMY to keep your information secure and to maintain its quality.
TMY shall make reasonable efforts to ensure that personal information collected by or on behalf of TMY is accurate and complete, if the personal information (i) is likely to be used by TMY to make a decision that affects you; or (ii) is likely to be disclosed by TMY to another organization.
6．Providing to the Third Party, Management of Trustees
Except in the following cases, TMY will not disclose the personal information to any third party:
1. Cases in which the principal has given a prior consent to the disclosure;
2. Cases in which the disclosure relates to anonymous statistical data only and in which the principal cannot be identified from such statistical data;
3. Cases in which the disclosure is required based on the applicable laws and/or regulations;
4. Cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of the individual or another individual;
5. Cases in which there are reasonable grounds to believe that the health or safety of the individual or another individual will be seriously affected and consent for the disclosure of the data cannot be obtained in a timely way, provided that TMY shall, as soon as may be practicable, notify the individual whose personal data is disclosed of the disclosure and the purposes of the disclosure;
6. Cases in which the disclosure is necessary in the national interest;
7. Cases in which the disclosure is necessary for any investigation or proceedings;
8. Cases in which the personal information is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer; or
9. Cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest; or
10. Cases in which the disclosure is allowed by the applicable laws and regulations provided that such disclosure comply with the requirements of such laws and regulations. The instances listed above are not intended to be exhaustive. For more information on the exceptions, you are encouraged to peruse sections 39 and 45 of the PDPA which is publicly available at http://www.pdp.gov.my/index.php/my/akta-709/personal-data-protection-act-2010.
In the event that TMY entrusts a third party with the handling of personal information, TMY will take the appropriate measures to ensure that such third parties securely handle such personal information within the services entrusted.
7．Access and Correction
If the principal requests to access, correct or delete its personal information, TMY shall only respond to such requests after the identity of the principal has been reasonably verified.
For requests to access personal information, TMY shall provide the principal with the personal information provided by him / her to TMY within a reasonable time from the time such a request is received by TMY.
For requests to correct personal information, TMY shall correct the principal’s personal information as soon as practicable after the request has been received. TMY shall also send the corrected personal information to every other organisation to which the personal data was disclosed by TMY within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose. Notwithstanding the preceding sentence, TMY may, if the principal consents, send the corrected personal information only to specific organisations to which the personal data was disclosed by TMY within a year before the date the correction was made.
TMY shall be entitled to charge you a reasonable fee for the handling and processing of such requests.
8．Withdrawal of Consent
If you had previously consented to the collection, use and/or disclosure of your personal information in accordance with the specified purposes but wish to withdraw such consent, please contact TMY immediately and TMY will process your request within a reasonable time. Thereafter, TMY will refrain from collecting, using and/or disclosing your personal information in accordance with the specified purposes to the extent that you have withdrawn your consent for TMY to do so.
9．Retention of Personal Information
TMY shall destroy or permanently delete all personal information within TMY’s possession or under TMY’s control as soon as it is reasonable to assume that (i) the purpose for which that personal information was collected is no longer being served by the retention of such personal information; and (ii) retention is no longer necessary for any other legal or business purposes.
10．Transfer Out of Personal Information
TMY will not transfer personal information to any party outside of Malaysia unless it obtains your consent. Furthermore, TMY will not transfer your personal information to any party outside of Malaysia unless TMY is able to ensure that the personal information so transferred is accorded a level of protection that is comparable to the protection under the PDPA.
As part of TMY’s efforts to ensure that TMY properly manages, protects and processes your personal information, TMY will be reviewing our policies, procedures and processes from time to time.
* If you have any questions related to the personal information, please contact Tokyo Electron (Malaysia) Sdn. Bhd., President (mailto: email@example.com)
1st May 2019