TOKYO ELECTRON (MALAYSIA) SDN. BHD. PRIVACY POLICY NOTICE

1 Preamble

We take your privacy extremely seriously. This document (“Privacy Notice”) describes what, why and how Tokyo Electron (Malaysia) Sdn. Bhd. ("TMY") collect and use your Personal Data, how we protect it and how you can contact us.

Please read this Privacy Notice carefully. By accessing our website, using any services and/or products provided by TMY, submitting any information to TMY, or otherwise showing your agreement thereon, you will be deemed to have agreed and consented to the terms of this Privacy Notice.
In connection with collecting, using, and disclosing your Personal Data, TMY will comply with the Malaysia’s Personal Data Protection Act 2010 (“PDPA”), as amended and/or supplemented from time to time, and its related laws and regulations, and the practices which are generally accepted as fair and appropriate for the handling of Personal Data, and TMY will properly handle the Personal Data.

This Privacy Notice shall be read together with the TEL Group Privacy Policy and the TEL Group Privacy Notice available at https://www.tel.com/privacy/. In the event of inconsistencies, this Privacy Notice shall prevail.

In this Privacy Notice, the following terms are defined as follows:

(a) “Personal Data” means
(i) any information in our possession about an individual, regardless of whether the individual is an employee or 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;(ii) any data, whether true or false, which can be related to a specific identifiable individual;(iii) your personal details, including details relating to other person(s) who may be identified from the data;(iv) any sensitive data which includes but is not limited to any personal data consisting of information as to your physical or mental health or condition, your political opinions, religious beliefs or other beliefs of a similar nature; or(v) any biometric data which includes any personal data resulting from technical processing relating to your physical, physiological or behavioral characteristics.
(b) “TEL Group” means TMY’s ultimate parent company, Tokyo Electron Limited, and its affiliates and related corporations.
(c) “you” or “your” means any individual accessing TMY's and/or TEL Group’s website, utilizing any services and/or products provided by TMY, submitting information to TMY, or engaging with TMY for any other relevant purposes.
(d) “we”, “our” or “us” shall mean TMY.

2 Collection and Use of Personal Data

Personal Data is data that can be used to directly or indirectly identify you, which may include any information that is linked to information that can be used to directly or indirectly identify you. Personal Data does not include data that has been anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you. To the extent we process de-identified information, we will maintain and use the information in de-identified form.

We may collect and/or have collected different kinds of Personal Data from or about you:

(a) Personal identifiers, including name, username, email address, phone number, and mailing or shipping address, business contact, confirmation of visitors and health conditions of such visitors.
(b) Commercial information, including the products and/or services purchased or considered by you, authentication information, billing address, shipping address, and contact details.
(c) Intellectual Property attributable to involving persons, including any published patents and research papers, production and promotion of images or videos.
You are not required to provide Personal Data. However, if you do not do so, we may not be able to provide you with our products and/or services, communicate with you or respond to your enquiries. You should ensure that all Personal Data submitted to us is complete, accurate, true and correct because it may result in our inability to provide you with the products and/or services you have requested.

If you provide us with any Personal Data relating to a third party, by submitting such Personal Data to us, you represent to us that you have obtained the required consent of the third party to provide us with their Personal Data.

3 Method of Collection of Personal Data

TMY may collect the Personal Data you provide when you contact us, e.g. in connection with a purchase or enquiry, interact with us at in-person events, or otherwise interact with us.

4 Purposes of Collection, Use and/or Disclosure

TMY may collect, use and/or disclose Personal Data for the purposes described in this Privacy Notice. TMY collects, processes, and determines how to process your Personal Data for the following purposes:

(a) Providing, improving, developing, and personalizing your experience with our products and/or services and/or purchasing products and/or services from you
(b) Communicating with you: We may use Personal Data to respond to your enquiries and communicate with you about important notices, including notices related to the products, services, transactions, or changes to our policies and terms and conditions. Such processing is undertaken because it is necessary for the performance of a contract with you or is based on our legitimate interest in interacting with you to provide you with our products and/or services and/or to purchase products and/or services from you. We may also use Personal Data to communicate with you about your enquiries to　our products and/or services and/or your products and/or services. This Privacy Notice serves to provide additional information concerning the Personal Data we collect and how we use Personal Data in connection with your enquiries. We may also use your information to process and respond to your requests when you contact us. In addition to the aforementioned purposes, we may also use Personal Data for the following including, but not limited to, business partners management, business contact, confirmation of visitors and their health conditions to prevent the spread of infectious diseases, soliciting services, advertising and other marketing, sending direct emails, email magazines and other greetings, conducting questionnaires, surveys, event implementations, patent management services, business travel arrangements and complying with legal or regulatory obligations or TMY’s policies and procedures.
(c) Promoting safety and security: We may use Personal Data to help verify user activity, as well as to promote safety and security, such as by monitoring fraud and investigating suspicious activity or violations of our terms or policies. Such processing is undertaken because it is necessary for the performance of a contract with you or is based on our legitimate interest in helping to ensure the safety of our products and/or services.
(d) Payment processing: TMY’s third party service providers, agents and/or TEL Group, and/or other third parties may use your Personal Data, including commercial, and financial information, specifically for processing payments and transaction fees related to a product and/or service you have requested and/or that we have requested from you.
(e) Investor Relations: We may use Personal Data to administer and/or manage TMY and TEL Group’s public relations and investor relations activities.
(f) Recruitment/Employment Purposes: We may use Personal Data for recruitment or employment purposes including, but not limited to, sending recruitment-related documents, confirmation of visitors and their health conditions to prevent the spread of infectious diseases, contacting the referrer of the applicant, contacting the applicant for similar positions, assessment of applicant’s skills, qualifications and suitability for the role, conducting specific assessments during the recruitment process, pre-employment screening, communicating with applicants about hiring process, keeping records related to hiring process, responding to inquiries, diagnosis of technical problems, management, improvement, planning and reporting of the internal hiring process and compliance with legal and other requirements.
(g) Personal Information of Outsourcing Companies and Joint Developers: We may use Personal Data of outsourcing companies and joint developers for the following purposes including, but not limited to, management of outsourcing companies, business contact, confirmation of visitors and their health conditions to prevent the spread of infectious diseases, confirmation of damage status caused by accidents while commuting or in the conduct of business and recording and posting of presentation information at academic conferences.
(h) Research and Development: We may use Personal Data for analysing and visualizing the specialized fields of engineers and their interrelationships by using information collected and obtained from published patents and research papers (including titles, engineer names, etc), and utilizing the analytical results for development plans and to support our sales activities.
(i) Marketing and Public Relations: We may use Personal Data for marketing purposes including, but not limited to, production and promotion of images or videos of TEL Group and posting on TEL Group’s websites and in pamphlets, and publishing on YouTube, Twitter, Facebook, Instagram, LinkedIn, Naver blog, WeChat and other SNS etc.
(j) Litigation or Dispute Resolution: We may use Personal Data to respond to legal processes, pursue legal rights and remedies, defend litigation and manage any complaints or claims.
(k) Cross-Border Transfers of Information: We may share Personal Data with the TEL Group for cross-border transfers of information. This includes transferring your Personal Data to TEL Group entities located outside of Malaysia to help provide you with the products and services you request.
(l) Other Purposes: We may use Personal Data to fulfil any other purposes related to the primary purpose for which you have provided the information and/or any other incidental business purposes related to or in connection with the above.
In the event that TMY intends to transfer your Personal Data to TMY’s third party service providers, agents and/or TEL Group, and/or other third parties located outside of Malaysia, TMY will endeavor to ensure that such place of which the Personal Data is being processed and stored, shall have in place a force of law which is substantially similar to the PDPA and that place shall have an adequate level of protection in relation to the processing of Personal Data which is at least equivalent to the level of protection afforded by the PDPA.

If TMY uses Personal Data 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 via prior written notice or will publicly announce such changed purposes in advance. TMY does not share your Personal Data without your consent with any organization outside our group of companies for the purpose of that organization marketing its products and/or services to you.

For any of the uses of your Personal Data that require your prior express consent under the applicable laws, please note that you may withdraw your consent by contacting us immediately and TMY will process your request within a reasonable time. Thereafter, TMY will refrain from collecting, using and/or disclosing your Personal Data in accordance with the specified purposes to the extent that you have withdrawn your consent for TMY to do so.

As a global company, TMY has a number of corporate affiliates in different jurisdictions. Each of these affiliates collects, processes, and determines how to process your Personal Data as a data controller to help provide you with the products and services you request. You understand and accept that by continuing to access our website, using any services and/or products provided by TMY, submitting any information to TMY, or otherwise showing your agreement thereon, you affirmatively consent to such disclosure, transfer, use and processing of your Personal Data.

5 Security and Legal Purposes

TMY may also use your Personal Data to analyze, troubleshoot, investigate, handle, or resolve any security matters or any vulnerability.

TMY may also use your Personal Data to comply with applicable laws, regulations and court orders and to comply with valid legal information requests from such bodies. We may use your Personal Data to enforce or defend the legal rights of TMY or the terms and conditions of any TMY product and/or service including but not limited to, obtaining legal advice and dispute resolution. In this case, we base the processing on a legal obligation to which TMY is subject or on our legitimate interest to defend our legal rights.

6 Retention of Personal Data

TMY will only retain your Personal Data for as long as is reasonably necessary for the various purposes set out in this Privacy Notice or to otherwise comply with any applicable laws and regulations concerning the mandatory retention of certain types of information.

TMY shall undertake to destroy or permanently delete all Personal Data 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 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.

7 Security Measures

TMY will endeavor to take appropriate and commercially reasonable technical, physical, and administrative measures in order to protect your Personal Data from misuse or accidental, unlawful or unauthorized destruction, loss, alteration, disclosure, acquisition or access in accordance with the applicable laws, and to ensure that sufficient security procedures and protocols are in place for the Personal Data. TMY will continuously review and will continually strive to improve the handling of Personal Data. These processes and systems include:

(a) Limiting access to the information and using identity and access management technologies to control access to systems on which information is processed and stored.
(b) Putting in place physical, electronic and procedural safeguards in line with industry standards.
(c) Monitoring and regularly reviewing our practice against our own policies and against industry best practice.
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 Data collected by or on behalf of TMY is accurate and complete, if the Personal Data (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.

8 Providing to the Third Party, Management of Trustees

Except in the following cases, TMY will not disclose the Personal Data to any third party:

(a) Cases in which you have given a prior consent to the disclosure;
(b) Cases in which the disclosure relates to anonymous statistical data only and in which you cannot be identified from such statistical data;
(c) Cases in which the disclosure is required based on the applicable laws and/or regulations;
(d) 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;
(e) 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 you of such disclosure and the purposes of the disclosure;
(f) Cases in which the disclosure is necessary in the national interest;
(g) Cases in which the disclosure is necessary for any investigation or proceedings;
(h) Cases in which the Personal Data is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorization 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;
(i) Cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest; or
(j) Cases in which the disclosure is allowed by the applicable laws and regulations provided that such disclosure complies 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 the Section 45 and Section 46 of the PDPA which is publicly available at https://www.pdp.gov.my/ppdpv1/en/akta/pdp-act-2010/.
In the event that TMY entrusts a third party with the handling of Personal Data, TMY will take the appropriate measures to ensure that such third parties securely handle such Personal Data within the services entrusted.

9 Access and Correction

Upon your written request, TMY will provide you with reasonable access to your Personal Data and a description of its use or disclosure, as required or permitted by law, within a reasonable time from the time such a request is received by TMY. You may also verify the accuracy and completeness of your information, and request that it be amended or deleted, if appropriate or permitted by law. You may have additional privacy choices and rights depending on your location.

For requests to correct Personal Data, TMY shall correct your Personal Data as soon as practicable after the request has been received. TMY shall also send the corrected Personal Data to every other organization to which the Personal Data was disclosed by TMY within a year before the date the correction was made, unless that other organization does not need the corrected Personal Data for any legal or business purpose. Notwithstanding the preceding sentence, TMY may, with your consent, send the corrected Personal Data only to specific organizations 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.

10 Withdrawal of Consent

If you had previously consented to the collection, use and/or disclosure of your Personal Data 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 Data in accordance with the specified purposes to the extent that you have withdrawn your consent for TMY to do so.

11 Transfer of Personal Data

TMY will not transfer your Personal Data to any party outside of Malaysia unless it obtains your consent. Furthermore, TMY will not transfer your Personal Data to any party outside of Malaysia unless TMY is able to ensure that the Personal Data so transferred is accorded a level of protection that is comparable to the protection under the PDPA.

You may request that TMY transmit your Personal Data to a designated individual or entity with data processing expertise, directly by giving a notice in writing by way of electronic means to TMY. Such request, however, shall be subject to the technical feasibility and compatibility of the data format.

12 Appointment of Data Protection Officer

TMY and TMY’s third party service providers, agents and/or TEL Group, and/or other third parties responsible for the processing and storing of Personal Data, shall ensure that one or more data protection officer(s) (“DPO”) are being appointed to oversee the data protection within the respective organization. For the purpose of this Privacy Notice, Adrian James (adrian.james@tel.com) shall be appointed as the DPO (“TMY DPO”), who shall serve as the point of contact for any enquiries or concerns related to your Personal Data.

13 Notification of Personal Data Breach

TMY and TMY’s third party service providers, agents and/or TEL Group, and/or other third parties responsible for the processing and storing of the Personal Data shall promptly notify any Personal Data breach to the Personal Data Protection Commissioner (“Commissioner”) as soon as practicable. In cases where the Personal Data breach causes or is likely to cause any significant harm to you, TMY shall notify you of such breach without unnecessary delay, in the manner and form as determined by the Commissioner.

14 Updates to this Privacy Notice

As part of TMY’s efforts to ensure that TMY properly manages, protects and processes your Personal Data, TMY will be reviewing our policies, procedures and processes from time to time.
TMY reserves the right to amend the terms of this Privacy Notice at TMY’s absolute discretion. Any amended Privacy Notice will be posted on TMY’s website and can be viewed at https://www.tel.com/privacy/index_malaysia.html.
You are encouraged to visit the above website from time to time to ensure that you are well informed of TMY’s latest policies in relation to personal data protection.

15 Language of this Privacy Notice

In accordance with the requirement of the PDPA, this Privacy Notice is issued in both English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version, the English version shall prevail.

^*If you have any questions related to the Personal Data, please contact the TMY DPO.


1 April 2025

Tokyo Electron (Malaysia) Sdn. Bhd.

　　　　　　　　　　　　　　　Note: This Privacy Notice of TMY is based on Malaysia law.