3. Information Collection and Use
3.1 We may collect and hold personal information/data (“Personal Information”) about you or someone else whom you have provided us with information of (“Third Party”), that is, information that can identify you or such Third Party, including without limitation, full name, date of birth, gender, nationality, email address, residential address, postal address, mobile number, other contact details, identification details (including but not limited to NRIC or passport), payment details, financial details (including source of funds) and other information that is relevant to enable us to provide you with the services you and/or the Third Party are, or someone else you know is, seeking, which we receive from you through our Mobile App, Website, customer service centre, social media sites, walk-in or other contact or distribution channels. You represent and warrant that you have obtained the consent of such Third Party or are otherwise entitled to provide us with their Personal Information and to view or change their information. You agree to indemnify us in the event we suffer any loss or damage as a result of your failure to comply with the same. The list of Personal Information stated above is not exhaustive and may include other personal information depending on the nature of the services or transactions.
3.2 You are responsible for ensuring that the Personal Information you provide us is accurate, complete and not misleading and that such Personal Information is kept up to date.
3.3 We may collect Personal Information in one or more of the following circumstances or for one or more of the following purposes (collectively referred to as “Purposes”) and you hereby consent to the processing by us of your Personal Information in accordance with the Purposes as set forth below:
a) to provide you with products and/or services which you have subscribed for and to notify you about important changes or developments to the said products and/or services;
b) to facilitate your registration and/or application for the Swipey card and any features and services in respect thereto including but not limited to remittance services;
c) to conduct credit checks on you and where applicable with registered credit reporting agencies under the Credit Reporting Agencies (CRA) Act 2010 (including but not limited to CTOS) at any time for as long as you have a relationship or account with us or where any dues remain unpaid and outstanding with you, for any one or more of the following purposes:
- applying for products and/or services;
- registration and/or opening of account;
- credit / account evaluation;
- credit/account monitoring and review;
- debt recovery; or
- legal documentation consequent to a contract or facility granted to you; and
- any other arrangements in respect of the above or where required in respect of the products and/or services provided to you.
d) to enable the sharing, transfer, retrieval, updating and processing of your personal information and data as well as creation of member profile and user accounts between our related companies, affiliates, parent (including but not limited to, our ultimate shareholder), subsidiaries, respective group companies (including sister companies) and associates in order to provide you the products and/or the services and the features, benefits and privileges in relation thereto;
e) to enable the sharing, disclosure, transfer, retrieval, updating and/or processing of Personal Information with our contractors, vendors, service providers, partner networks, licensees, advisors, consultants, agents, merchants, strategic partners, payment network operators, card schemes and payment networks (including but not limited to MasterCard and Visa) and registered credit reporting agencies (including but not limited to CTOS), whether located within or outside Malaysia, in order to provide you the products and/or services and the features, benefits and privileges in relation thereto;
f) to enable the processing of your personal information to administer and enable the continuous operation of your account and the provision of the services, features, functionalities and/or privileges in relation to the products and/or services provided to you;.
g) to send you information on our products and services, and special promotional offers, newsletters or customer survey forms and questionnaires;
h) to provide you with information on any programs (e.g. loyalty programs where applicable) or transactions you have undertaken;
i) to process your payment transactions and for other operational and administrative purposes, including without limitation, sending you notifications, and managing your account,
j) updating and managing the accuracy of our records, for the prevention, detection or prosecution of crime, and complying with legal and regulatory obligations and/or where instructed by any regulatory, governmental authority, law enforcement agencies or pursuant to a court order;
k) for purposes of assessment and analysis behaviour scoring, market, product and trend analysis and market research (if any);
l) to conduct internal activities, administrative, operational, marketing, planning, product, technology or service development, troubleshooting and/or research requirements;
m) to administer your participation in contests or campaigns that we may run from time to time;
n) to provide you with information on products and services of Swipey and our related companies affiliates, parent (including ultimate shareholder) subsidiaries and associates where applicable;
o) to provide you with information on products and services of our business partners where applicable;
p) cross selling, marketing and promotions including administering offers and competitions;
q) communications, customer service and ensuring customer satisfaction, which may include conducting surveys to improve the quality of our products and services, responding to inquiries and complaints and to generally resolve disputes or to enforce our terms and conditions, including the terms and conditions relating to the products and/or services;
r) maintaining your account history for present and future reference (as and where required);
s) enabling an actual or proposed assignee of Swipey, or participant or sub-participant of Swipey to evaluate your information, account, transactions which are intended to be the subject of the assignment, participation or sub-participation (if any);
t) protecting Swipey’s interests and for other ancillary or related purposes;
u) for such other purposes as set out in any other terms and conditions (including product terms and conditions) and campaign terms and conditions (if applicable); and
v) for any purpose made known to you at the time of collection of your personal information.
3.4 At any time you may opt-out of receiving marketing communications from us by contacting us (see the CONTACT US section below) and we will remove your name from our mailing list.
3.5 We use general, aggregated information to generate statistics and measure site activity to improve the usefulness of customer visits. Such information does not include Personal Information.
3.6 We may disclose any information on the conduct of your account(s), to any business entity/ies for bona fide credit assessment and/or checking at any time. You understand and agree that such information will be provided to registered credit reporting agencies (including but not limited to CTOS), who may in turn share such information to subscribers of their services.
3.7 Please take note that if required for the foregoing Purposes, your Personal Information may be transferred to locations outside Malaysia.
3.8 We may disclose your Personal Information to:
a) our parent, ultimate shareholder, respective group companies, related companies, sister companies, affiliates, subsidiaries, associates, contractors, vendors, service providers (including partner networks), licensees, advisors, consultants, agents, merchants, strategic partners, third party contractors, whether located within or outside Malaysia for the Purpose;
b) payment network operators, card schemes (including but not limited to MasterCard and Visa), governmental agencies, regulatory authorities (including but not limited to Bank Negara Malaysia), law enforcement authorities, enforcement agencies, registered credit reporting agencies (including but not limited to CTOS), whether located within or outside Malaysia for the Purpose; and
c) any other parties as stated in section 3.3 above. Your Personal Information may also be disclosed to other third parties with whom we have commercial relationships, for marketing, advertising and related purposes, unless you have indicated that you do not wish for us to disclose your Personal Information to such third parties for marketing and advertising purposes.
3.9 Please note that it is necessary for Swipey to process your personal information for the Purpose, and without which Swipey will not be able to provide the Swipey card or any product and/or service that you have requested from Swipey or to perform and/or carry out any of the abovementioned Purposes. If you fail or decline to provide us with Personal Information stated in paragraph 3.1 above, we may not be able to perform and/or carry out any of the Purposes and may need to terminate any product and/or service provided to you. In some circumstances, you may have provided personal and financial information relating to others (e.g. joint-applicant, spouse, related parties and/or emergency contact persons) for the Purpose. In such cases, you represent and warrant that you had or have their consent or are otherwise entitled to provide their information to Swipey.
4. Marketing and Promotional Communications
4.1 We may use the Personal Information provided to send you information on products and services, and special or promotional offers, newsletters or customer survey forms and questionnaires unless you have indicated that you do not wish to receive such materials.
4.2 You may opt out of receiving any communications from us at any time by contacting us with your request (see the CONTACT US section below).
5. Secuity of Your Personal Information
5.1 We will take reasonable steps to protect any Personal Information we receive from you via our Mobile App or Website from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form or retain third parties to hold that information on our behalf. Where required by applicable laws, Personal Information will be destroyed or de-identified when no longer needed.
5.2 By providing us with Personal Information or using our services on our Mobile App or Website, you consent to the transfer, storage and processing of Personal Information to where our (or our contractors, vendors and/or service providers) servers, data centres, database(s) and/or system facilities are located and/or operated, which may be outside your country of domicile or the location where you access our Mobile App or Website to provide Personal Information, and which may include, among others, Malaysia, Singapore, India, the United States, the United Kingdom and the European Union.
5.3 However as the Website and Mobile App is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us and you do so at your own risk.
6. Links to Other Applications and Websites
6.1 Our Mobile App and Website may contain links to websites or applications operated by third parties (“Third Party Applications or Websites”). We are not responsible for the privacy practices or the content of Third Party Applications or Websites. Third Party Applications and Websites are responsible for informing you about their own privacy practices.
7. Access and Correction
7.1 You may request access to any Personal Information we hold about you or any Third Party whose Personal Information you had provided at any time by contacting us (see the CONTACT US section below). Where we hold information that you are entitled to access, we will endeavour to provide you with suitable means of accessing it (e.g. by emailing or mailing it to you).
7.2 If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the Personal Information stating that you disagree with it. You may also, at any time hereafter, request, in writing, to limit the processing of your Personal Information (including personal data of others provided by you).
7.3 You may at any time make written inquiries and, upon payment of a prescribed fee, request, in writing, for access to, or correction of, your Personal Information or limit the processing thereof (including personal data of others provided by you) . In accordance with the Malaysian Personal Data Protection Act 2010, and to the extent not limited by any other applicable law (if applicable), we may:
(1) charge a fee for processing your request for access or correction to the Personal Information; and
(2) refuse to comply with your request for correction to the Personal Information and give you a reason for our refusal.
(1) maintain your session and required details during the application, subscription, registration process and during transactions (session cookie);
(2) collect online usage data for statistical/analytics purposes (analytics cookie); and
(3) direct you to the correct landing page based on your geo-location (geo-targeting cookie).
8.2 You may instruct your browser, by changing its setting, to stop accepting cookies or to prompt you before accepting a cookie from the websites that you visit. Our Website or Mobile App may not function properly if the cookie setting is disabled
9. Contact Us
Personal Data Protection c/o Legal Division
Swipey Digital Services Sdn Bhd
Level 5, 142-146 Jalan Tuanku Abdul Rahman
50100, Kuala Lumpur