Privacy Policy

Merx Malaysia Sdn Bhd

Personal Data Protection Act 2010 (PDPA)

Effective date: May 1, 2022

Merx is committed to ensuring that your privacy is protected and our use of your personal information is governed by The Personal Data Protection Act 2010 (Privacy Notice). On this site, “Merx”, “our” and “we” each mean Merx Malaysia Sdn Bhd, which collect and use your information in the manner set out in this Privacy Notice. Any reference to “you” or “your” refers to anyone whose personal information we process.

1. Introduction

Our use of your personal data will be governed by this Privacy Notice.

Merx is a controller for the personal information that it collects and uses about you. We will treat your personal information as confidential and in accordance with applicable data protection legislation and your personal information will only be shared with others in accordance with this Privacy Notice.

This Privacy Notice explains;

• What personal information is
• How we collect your personal information
• The types of personal information we collect
• How we use your personal information
• The legal basis for processing your personal information
• How we share your personal information
• How long we keep your personal information
• How we keep your personal information secure
• Overseas transfers of your personal information
• Your rights in relation to your personal information
• How to make complaints and how to contact us

If there are any changes to the way in which your personal information is used, this Privacy Notice will be updated.

2. What is personal information

Personal information is any information that tells us something about you. This could include information such as name, contact details, date of birth, bank account details or any information about your needs or circumstances which would allow us to identify you.

Some personal information is classified as “sensitive” data under data protection legislation. This includes information relating to health, racial or ethnic origin, religious beliefs or political opinions and sexual orientation. This information is more sensitive and we need to have further justifications for collecting, storing and using this type of personal information. There are also additional restrictions on the circumstances in which we are permitted to collect and use criminal conviction data.

Any references to personal information in this privacy notice will include personal data, and where relevant, special categories of personal data.

3. What personal information do we collect?

We will collect your identification information, financial information, employment information and contact information (such as NRIC, name, address, phone number, email address and postal address) from you whenever you engage with us.

In addition, if we are providing services to you, or on your behalf, where we are required to do so by law, we will collect information relating to your identity, which will be at least one form of photographic identification (such as a passport) and one form of documentation with proof of your place of residence (such as a recent utility bill).

We will also confirm whether you have any relatives or close connections working at Merx so that we can consider potential conflict of interests and if identified how to manage these, in accordance with our statutory and regulatory obligations.

Depending on the service that we provide to you (or on your behalf) we may also collect specific identity documents from you for the purpose of preventing and detecting crime, fraud or money laundering.

Project Management

Where we engage by you to manage the project on your behalf we will ask additional contact information in the event that there is a matter requiring your urgent attention outside of working hours. Where you engage us for project management services, we will share your company or personal information with third party lenders as is necessary to allow us to fulfil our obligations on your projects with us.

Other

If you subscribe to receive research, news or other market updates from us, then in addition to the above we will collect details about the sector in which you work and the type of content that you would like to receive.

 4. How we use your personal information

What is the legal basis of our data processing?

Under data protection legislation we are only permitted to use your personal information if we have a legal basis for doing so.

We rely on the following legal bases to use your information;

• For employment-related purposes
• Where we need information to perform the contract we have entered into with you
• Where we need to comply with a legal obligation
• Where the processing is necessary for us to carry out activities for which it is in Merx ‘ legitimate interests (or those of a third party) to do so and provided that your interests and fundamental rights do not override those interests, including:
  • Processing that is necessary for us to promote our business, brands and products and measure the reach and effectiveness of our campaigns – this will include sending you marketing
  • information from time to time after you have engaged us to provide services or received services from us either which may be similar and of interest to you or where you have expressly indicated that you would like to receive such information. You have the right to opt out of receiving this information at any time.
  • Processing that is necessary to improve our knowledge of the project management sector – this will include undertaking market analysis and research so that we better understand trends in the project management sector and provide better knowledge along with more tailored and relevant services for our customers in the future.
  • Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively – this will include: verifying the accuracy of information that we hold about you and create a better understanding of you as a customer; processing for administrative efficiency purposes such as where we outsource certain administrative functions to third parties who are specialise in such services; processing for network and information security purposes i.e. in order for us to take steps to protect your information against loss, damage, theft or unauthorised access or to comply with a request from you in connection with the exercise of any of your rights outlined below.

In more limited circumstances we may also rely on the following legal bases:

• Where we need to protect your interests (or someone else’s interests); and/or
• Where it is needed in the public interest or for official purposes

We may process special categories of personal information and criminal conviction information in the following limited circumstances:

• With your explicit consent, in which case we will explain the purpose for which the information will be used at the point where we ask for your consent.

How we use your personal information

For specific information on how your personal information will be used for the services you have requested from us, please select from any of the options below;

Project Management

• Where we are managing project on your behalf we may need to pass your company employees, officers, shareholders or your personal information from time to time on to third party contractors whom we have engaged to undertake on your projects.

Other uses of your personal information

• If we sell any part of our business and/or integrate it with another organisation your details may be disclosed to our advisers and to prospective purchasers or joint venture partners and their advisers. If this occurs the new owners of the business will only be permitted to use your information in the same or similar way as set out in this privacy notice.
• We will share personal information with our regulators, governmental or quasi-governmental organisations, law enforcement authorities and with courts, tribunals and arbitrators as may be required from time to time in order to comply with our regulatory and legal obligations;
• Where we use third party services providers who process personal information on our behalf in order to provide services to us. This includes IT systems providers and IT contractors as well as third party referencing or screening agencies for the purposes of the prevention and detection of crime.
• We may share your personal information with any person working within the Merx Group on a need to know basis to ensure we are able to perform our obligations to you.
• We will hold your personal information on our client management systems and use this to provide you with marketing information about similar services offered by Merx to those which you have engaged us to provide which we feel you might find useful from time to time. You have the opportunity to opt out of receiving this information at any time.

5. How we keep your information secure

The security of information is very important to us and we have measures in place which are designed to prevent unauthorised access to your personal information including but not limited to:

• Our client files are stored securely on our secure client management system, and access is restricted to those within the business who are required to have access to your information for legitimate business purposes.
• Hard Copy documentation is stored in locked cabinets.

All data that are hosted in datacentres which have systems and protections in place to protect against both unauthorised access, and other external factors that could cause damage to, your personal data. There are strict access requirements in place and access is restricted to those absolutely necessary.

We ensure access to personal information is restricted to Merx employees and workers or other persons working within the Merx  Group on a need to know basis. Training is provided to any of those Merx employees and workers who need access to personal information.

6. For how long do we keep your personal information

• We will retain your personal data in compliance with this Policy and / or the terms and conditions your agreement (s) with Merx for the duration of your relationship with us, in accordance with our internal policies, or where otherwise required by the law.

7. Overseas transfers of your personal information

Any personal data, which you provided to us, will be treated with the highest standards of security strictly in accordance with the PDPA. It may be necessary for us to transfer your personal data outside Malaysia if any of our service providers or business partners are involved in providing part of service providers or business partners are contractually bound not to use your personal data for any reason other than to provide the services, they are contracted by us to provide and to adequately safeguard your personal data.

8. Your rights in relation to your personal information

You have a number of rights in relation to your personal information, these include the right to:

• Be informed about how we use your personal information
• Obtain access to your personal information that we hold
• Request that your personal information is corrected if you believe it is incorrect, incomplete or inaccurate.
• Request that we erase your personal information in the following circumstances:
  • If Merx  is continuing to process personal information beyond the period when it is necessary to do so for the purpose for which it was originally collected.
  • If Merx  is relying on consent as the legal basis for processing and you withdraw consent.
  • If Merx  is relying on legitimate interests as the legal basis for processing and you object to this processing and there is no overriding compelling ground which enables us continue with the processing.
  • If the personal information has been processed unlawfully (i.e. in breach of the requirements of the data protection legislation).
  • If it is necessary to delete the personal information to comply with a legal obligation.

• Ask us to restrict our data processing activities where you consider that:
  • personal information is inaccurate
  • our processing of your personal information is unlawful
  • where we no longer need the personal information but you require us to keep it to enable you to establish, exercise or defend a legal claim
  • where you have raised an objection to our use of your personal information

• Request a copy of certain personal information that you have provided to us in a commonly used electronic format. This right relates to personal information that you have provided to us that we need in order to perform our agreement with you and personal information where we are relying on consent to process your personal information
• Object to our processing of your personal information where we are relying on legitimate interests or exercise of a public interest task to make the processing lawful. If you raise an objection we will carry out an assessment to determine whether we have an overriding legitimate ground which entitles us to continue to process your personal information; and
• Not be subject to wholly automated decisions which produce legal effects or which could have a similarly significant effect on you.

If you would like to exercise any of your rights, please contact enquiries@merxcm.com

9. Complaints and Contact Details

Complaints

If you have any complaints about the way we use your personal information or you need more information about how to contact your local data protection authority please let us know by contacting enquiries@merxcm.com

Contact details

If you have any questions, comments or requests regarding any aspect of this Privacy Policy, please do not hesitate to contact us by sending an email to enquiries@merxcm.com