Please read this privacy policy (“Privacy Policy”) to understand how Lekson Resources Sdn. Bhd, and its holding, related, affiliated and subsidiary companies (collectively referred to as “Lek Solar”, “our”, “us”, or “we”) handle the Personal Data that you provide us. By providing your Personal Data to us, you are consenting to this Privacy Policy, our collection, use, access, transfer, storage and processing of your Personal Data as described in this Privacy Policy.
Please note if you fail to supply us with the required Personal Data, or if the Personal Data is insufficient or not satisfactory to us, or if you revise your consent in relation to the Personal Data which you have provided us, we may not be able to process your application and/or provide you with our products and/or Services.
This Privacy Policy & You
Pursuant to the Personal Data Protection Act 2010 (“PDPA”), this Privacy Policy outlines the rights, interests, obligations and duties of Lek Solar in the collection, gathering, recording, holding, storing, disclosing or processing (as defined below) of personal information and data as may be protected by the PDPA.
For the purposes of this Privacy Policy, the expression “you”, “yours” or any other cognate word or expression of similar nature shall mean a natural person who is a customer of Lek Solar or even a natural person trading as a sole trader or natural persons constituting a partnership. This Privacy Policy also applies if you are no longer a customer of Lek Solar, where there are outstanding obligations either on your part or on Lek Solar’s part, or if you are not one of our customers but you interact with us.
Please note that you may be providing us with your Personal Data in any manner or method, not limited to Lek Solar receiving a Registration Form with your Personal Data inserted or where you visit Lek Solar websites, take part in our surveys, trial, promotions, calling our helpdesk, or generally enquiring about us or our products and/or services. We may also receive your Personal Data from third parties we deal with or who are connected with you (for example, financial institutions), and from such other sources where you have given your consent for the disclosure of personal data relating to you, and/or where otherwise lawfully permitted.
You also hereby agree and accept that this Privacy Policy forms an integral part of the terms and conditions of the use of the Services.
Definitions
For the purposes of this Privacy Policy, the following capitalised words shall have the meanings as ascribed to them:
“Personal Data” Means any information which relates directly or indirectly to you in respect of commercial transactions, which (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any Sensitive Personal Data (as defined in the PDPA) and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010
Examples of Personal Data are your name, Identity Card / Passport No., address, contact information credit and bank account details, images recorded or audio recording of calls you make to our service centers or contact centers and your account activity.
“Privacy Policy” Means this privacy policy and any other amendments, supplements and/or additions as may be added from time to time to it
“Processing” Means collecting, recording, verifying, holding or storing the Personal Data or carrying out any operation or set of operations on the Personal Data, including (a) the organisation, adaptation or alteration of Personal Data; (b) the retrieval, consultation or use of Personal Data; (c) the disclosure of Personal Data by transmission, transfer, dissemination or otherwise making available; or (d) the alignment, combination, correction, erasure or destruction of Personal Data.
“Services” Means collectively all the products and services offered by Lek Solar via various communication channel, platform and facilities including but not limited to Lek Solar website, strategic partners’ facilities and platform, application messaging services and social media channel e.g WhatsApp, Facebook etc (“Third Party Communication Platform”)
“Lek Solar” Means Lekson Resources Sdn Bhd;
Purpose of Collecting Personal Data
You agree that all Personal Data collected and/or gathered by Lek Solar may be used in any or all of the following ways (“Purposes”):
To assess and process your application for the Services;
To facilitate, administer and manage the Services we provide you including billing, charging and collecting debts;
To conduct credit checks on you or establish the existence of any previous or outstanding breaches, indebtedness, defaults you may have with any third party;
To update and maintain Lek Solar’s internal records, filing, systems and operations for the management and administration of the Services including but not limited to the purpose of billing you;
To conduct training for internal staff in relation to the Services;
To enforce any of your obligations in respect of the Services, including collection of the outstanding amounts due from you;
To activate, manage or administer payment or credit facilities with third party financial institutions as may from time to time be instructed by a subscriber of the Services;
To investigate, resolve and for troubleshooting of any service issues, billing queries, complaints, fraudulent activity or other enquiries that you submit to us regarding our network, monitor and improve the performance of our network, our Services, our customer relations teams and service providers and Lek Solar websites;
To conduct market analysis, research and development to improve and/or to introduce the Services to you;
To communicate, market, promote, offer or notify you on any enquiries or complaints, new services, facilities, benefits or products of Lek Solar’s group;
To support Lek Solar group’s business, planning and decision-making processes;
To notify you on any updates, developments, or changes or new offerings of any Services including but not limited to any promotions, special offers and/or marketing launch;
To comply with any requirements of any laws or regulations, or direction of any national, enforcement, or regulatory body/agencies in respect of the Services;
To verify your identity; and
Other incidental and associated purposes relating to any of the above.
Disclosure to Third Parties
In line with the express Purposes set out in Clause 3 above, Lek Solar may disclose the Personal Data collected or gathered to the following third parties:
To other telecommunications operators as part of the national inter-operator initiative to combat fraud and to prevent abuse of telecommunication services;
To any auditors, professional advisors, third party service providers, nominees, agents or contractors appointed by Lek Solar in order to carry out the Purposes set out in Clause 3.1 above;
To relevant national and other enforcement or regulatory agencies/bodies as part of any obligation imposed by law or in relation to any activity pertaining to the administration of justice, detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders or in the interests of national security;
To the Official Assignee’s Office of the Insolvency Department of Malaysia for purposes of conducting a bankruptcy search;
To any relevant bank, financial institution or similar entity at your request and where you have given your consent to pursue any credit facility or payment mechanism initiated;
To the subsidiary, holding and related company of Lek Solar and Lek Solar’s affiliate companies for the purpose of establishing and maintaining a common database of customers to avoid duplication;
To strategic partners including but not limited to our network dealers, application and social network providers that work with Lek Solar to provide Lek Solar’s Services or that help market Lek Solar’s Services;
To any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of assisting in or commencing such legal proceedings;
To professional advisors appointed by Lek Solar on a need to know basis for the purpose of those advisors providing advice to us;
To any third party which acquires all or part of the assets or business of Lek Solar for the purpose of that third party continuing to provide all or that part of the business of Lek Solar which it acquires or acquired (including any relevant Services);
To parties nominated or appointed by Lek Solar either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where Lek Solar has a legitimate common interest;
Your authorised representatives or parties whom we may reasonably believe you would have consented to, if you knew of the disclosing of the Personal Data and the circumstance of such disclosure; and
To credit reporting agencies and/or collection agencies appointed by Lek Solar for the Purposes set out In Clause 3.1; and
otherwise as required or permitted under Malaysian law, including without limitation, the PDPA.
Save and except with your express consent, Lek Solar shall maintain strict confidentiality of your Personal Data and not disclose any portion or part thereof to any other entity or third party aside from the ones listed in 4.1 above.
Consent & Right to Withdraw Consent
If you are under the age of 18, you are required to ensure that your parents or legal guardian consent on your behalf to Lek Solar’s processing of your Personal Data.
The Services will only be made available to you upon you accepting and consenting to the terms of this Privacy Policy. Where possible, express acceptance and consent shall be evidenced by you clicking or checking or indicating accordingly on the relevant consent portion of the registration forms or such other documents as may be furnished to you, as the case may be.
By your acceptance of the terms of this Privacy Policy, you shall be deemed to have expressly consented to the processing of your Personal Data by Lek Solar or any of its authorised agents, employees, partners and/or contractors for the Purposes outlined in Clause 3.1 above.
You also hereby agree and accept that by registering and/or continuing to use the Services, you authorise and consent to your Personal Data being processed by and where required, disclosed to classes of third parties as identified by Lek Solar in Clause 4.1 above for the purposes of Lek Solar providing the Services to you. For the avoidance of doubt, you also hereby explicitly consent to Lek Solar processing any Sensitive Personal Data relevant for such purposes.
Notwithstanding anything to the contrary, you may at any time withdraw your consent to Lek Solar processing any Personal Data of yours or to any part or portion of the processing by sending to Lek Solar at the address set out below a written notice of withdrawal and within the period prescribed under the PDPA, Lek Solar shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of Lek Solar’s other legal obligations.
Right to Access & Correct
You shall, upon written request, be granted access to your Personal Data held or stored or processed by Lek Solar and shall have a copy of your Personal Data communicated or conveyed to you in an intelligible form of Lek Solar’s choosing.
You may also at any time make a written request to Lek Solar to correct any of your Personal Data which is inaccurate, incomplete, misleading or out-of-date and Lek Solar shall, upon receipt of your written request for correction(s) and within the period prescribed under the PDPA, take all necessary measures to give effect to such correction(s).
You may also make a written request to limit the processing of your Personal Data including personal data relating to other persons who may be identified from that Personal Data.
Security, Storage & Duration of Data Retention
Lek Solar shall ensure that all Personal Data collected by it shall be stored and/or filed in such manner as to ensure that the Personal Data maintains its accuracy, integrity, remains confidential, is protected against loss, misuse, modification and unauthorised or accidental access, disclosure, alteration, destruction or manipulation.
Lek Solar shall store and/or retain all Personal Data only for as long as required for the fulfilment of the purposes stated in Clause 3 above or pursuant to any legal obligation imposed upon Lek Solar in its operation of the Services or by virtue of any applicable law that may from time to time be in force.
Exceptions & Exclusion of Liability
Notwithstanding the foregoing provisions, Lek Solar reserves the right to refuse to entertain any request for withdrawal of consent, access or correction in the following circumstances:
Where there is an insufficiency of information provided by you or any party making a request to enable Lek Solar to positively locate or identify the Personal Data in question;
Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where Lek Solar feels that you or the requesting party is not in fact the owner or the subject of the Personal Data in question and is not lawfully entitled to make any requests in relation to the Personal Data;
Where permitting access or correction would be tantamount to a violation of an order of Court;
In requests for access or for correction (excluding instances of withdrawal of consent):
(a) where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy or that of the part making a request;
(b) where compliance with the request would involve the unauthorised disclosure of Personal Data belonging to a third party;
(c) where compliance would result in the disclosure of confidential commercial information; or
(d) where access is regulated by another law.
In the area of Personal Data protection, Lek Solar shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of Personal Data in the following instances:
Where an act of nature or event outside the control of Lek Solar results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;
Where Personal Data is readily available or able to be found in the public domain; and
Where despite Lek Solar’s best efforts, there is unauthorised access, modification, alteration, misuse, phishing, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under the control or direction of Lek Solar; and
In the event you choose to communicate or reach out to us via any Third Party Communication Platform and you subsequently provide your personal data to enable us to respond to your query, assess or process your application for the Services, we encourage you to read the third party’s privacy notice as we are not liable and responsible for the privacy practices of any third party.
Direct Marketing
We may process your Personal Data to communicate with you any information not limited to promotions, marketing and advertising materials in relation to us, our Services and those of our preferred merchants and strategic partners. If you are not agreeable for us to process your Personal Data for marketing purposes, kindly contact us via details in Clause 12 below.
Cookies and Online dealings
Cookies are packets of information stored in your computer or device which assist your website navigation by customizing site information tailored to your needs. Please note cookies in themselves do not identify the individual user, just the computer or device used. However, we may collect information about your use of our websites or your preference or behaviour analysis from cookies.
Transfer of Personal Data Outside of Malaysia
We may transfer your Personal Data to places or third parties located both in Malaysia and overseas as part of our performance of our contracts or provision of Services to you. These third parties may include any of our service providers or strategic partners who are involved in providing our Services or outsourced data storage or data processing services for and on behalf of us.
Notices and Communications
Please direct any requests to withdraw consent (Clause 5.5), to access, correct and/or limit the processing of your Personal Data (Clause 6 and Clause 9) or any inquiry or complaint on your Personal Data to the following:
Customer Service (PDPA)
Address:
No. 14, Jalan Majistret U1/26
HICOM Glenmarie Industrial Park
40150 Shah Alam,
Selangor, Malaysia
1800 18 1818
Email: [email protected]
We endeavour to take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our systems in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the Services to you that you;
provide us with the accurate and complete Personal Data of yourself and/or any relevant person (including their consents) for purposes of acquiring and/or subscription of the Services.
update us as and when such Personal Data provided earlier to us becomes incorrect or out of date by contacting us via the contact details as stipulated in Clause 12.1 above.
In the event you have provided Lek Solar with any Personal Data of third party for the purposes of the Services, you shall:
undertake and warrant to Lek Solar that you are in possession of all necessary consents and shall continue to maintain such consents as may be required for the processing and transfer of such Personal Data by Lek Solar; and
agree that it shall be your responsibility to advise Lek Solar in writing in the event there is any relevant change in the information including personal data supplied to Lek Solar which requires action on the part of Lek Solar.
Please note that all notifications or other communications from you to Lek Solar must be in writing, legible and contain your full name, current address, NRIC number and contact particulars. Lek Solar reserves the right not to entertain any notices or communications which do not contain the foregoing particulars, are illegible, incomprehensible or where the party concerned cannot be contacted or where contact particulars are found to be incomplete, inaccurate or in error.
You hereby accept that Lek Solar may be required to revise and/or modify this Privacy Policy from time to time. In the event of such revision and/or modification, Lek Solar will communicate such revision and/or modification at Lek Solar website or such other mode as Lek Solar may deem appropriate. In this regard, you agree that by continuing to use the Services after such notification, that you have agreed to be bound by, accepted, and/or consented to such revision and/or modification.
Last updated on 24 Oct 2024