Employee Privacy Notice

PRIVACY NOTICE FOR EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, ETC.

This privacy notice (“Notice”) is issued pursuant to the Personal Data Protection Act 2010 (“PDPA”).

The main purpose of this Notice is to help all individuals engaged or employed by MyKasih Foundation (“MyKasih”, “us”, “we” or “our”), whether on a full-time, part-time, temporary, or contract basis, including officers, directors, trustees, executives, committee members, interns, trainees, secondees, apprentices, and volunteers better understand the reasons and purposes of the personal data processing by MyKasih as well as MyKasih’s commitment to ensure that your data is securely processed and kept. Please read this Notice carefully.

MyKasih shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on the Intranet portal and such modifications, updates or amendments shall be binding on you.

1. Types of Personal Data

“Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, fax number, bank details, race, gender, date of birth, marital status, resident status, education background, previous employment details, personal interests, email address, tax identification number, name(s), date(s) of birth and contact details of spouse, next of kin, and children, any information generated during the course of your employment with MyKasih including any “sensitive personal data” such as information relating to your physical and mental health, religious beliefs, the commission or alleged commission by you of any offence, or biometric data.

In some circumstances you may have provided Personal Data relating to other individuals (such as your spouse, children or family members) and in such circumstances you represent and warrant that you are authorised to provide their Personal Data to MyKasih and you have obtained their consent for their Personal Data to be processed and used in the manner as set forth in this Notice.

2. Source of Personal Data

Your Personal Data may be collected by us from various sources including but not limited to information provided directly by you (whether in oral or written form), including those provided during the recruitment stage or application process (e.g. information in your resume or application form(s)), and from third party information sources such as from various reference checks, background checks, recruitment agents or from various governmental authorities or third-party providers, or information otherwise generated upon your appointment and in the course of your employment with MyKasih. In the course of your employment, you may have also provided or updated your Personal Data from time to time including via the Intranet portal.

In some circumstances, your Personal Data may be collected indirectly from monitoring devices or by other means for example, building and location access control and monitoring systems, closed circuit television (CCTV), telephone logs and recordings and email and Internet access logs.

3. Use of Your Personal Data

We collect, process and retain your Personal Data for the purposes related to your engagement or employment with MyKasih, including to ensure that your involvement – whether as an employee, temporary staff member, volunteer, or prospective employee – can be managed and administered effectively, including, without limitation, the following purposes (“the Purposes”):-

If you are a prospective employee, for:

  • Assessment of suitability for employment, including for pre-employment medical fitness determination;
  • Purposes of contacting you in relation to your job application; and
  • General administrative and record keeping purposes.

Once you are accepted for engagement or employment with MyKasih, for:

  • Internal record keeping, maintenance and updating of any information database(s) and other administrative purposes, including audits, fraud monitoring and prevention;
  • Headcount and payroll planning and processing;
  • Workforce development, training and certification;
  • Planning for business travel;
  • Performance management;
  • Application to the relevant authorities or bodies for relevant permits or licenses;
  • Submission of proposals to clients or donors or prospective donors or clients of MyKasih;
  • Administrating, approving and monitoring employee benefits and entitlements, such as insurance coverage and medical benefits;
  • Provision of subsidies or advances (where or if applicable);
  • Monitor access to the workplace, related facilities and systems;
  • To conduct research, market surveys and trend analysis;
  • Regulatory approvals and compliance;
  • Detection and prevention of fraud and other unlawful or illegal activity, and to support investigations related to such activities;
  • Compliance with the law and any amendments in force; and
  • Other reasons as may be required or permitted under the PDPA or under any applicable laws.

If you are a prospective employee, provision of your Personal Data to us is mandatory and failure to provide your Personal Data will result in MyKasih not being able to consider you for employment with MyKasih.

Where you have been accepted for engagement or employment with us – whether as an employee, temporary staff member, secondee, volunteer, or prospective employee – the provision of your Personal Data to us is mandatory for the Purposes outlined above, and failure to provide the same may result in non-compliance with laws and us being unable to provide you with employment or benefits thereto, if applicable. For example, where your family members are covered under our medical scheme, provision of your family member’s Personal Data would be mandatory. Failure to provide your family member’s information for this purpose will result in your family member(s) not being able to enjoy the medical benefits offered under our medical scheme or any other benefits, if applicable.

4. Disclosure of Personal Data to Third Parties, and/or Transfers out of Malaysia

Your Personal Data will be kept confidential. However, it may be necessary for us to disclose or transfer your Personal Data for the Purposes stated above. You acknowledge and agree that we may disclose and transfer your Personal Data to the following categories of recipients (whether within or outside Malaysia) for the Purposes stated above:

  • relevant units or departments within MyKasih and all its related organisation and/or entities;
  • anybody or person to whom MyKasih is compelled or required to do so under any laws or in response to any government, state, provincial, local government, statutory or municipal authority, industry regulators, agency and body;
  • law enforcement authorities or agencies;
  • third party service providers (including, for example, auditors, lawyers, company secretaries, event and training providers, telecommunications companies, IT, cloud computing or data back-up providers, consultants, insurers, background check providers, and other advisers);
  • donors and clients of MyKasih.

Your Personal Data may also be disclosed in connection with a corporate transaction, such as a sale of a division, merger, consolidation or asset sale or in the unlikely event of a winding-up.

5. Security and Safeguards

We will continuously implement the appropriate administrative and security safeguards and procedures in accordance with the applicable laws and regulations to prevent the unauthorized or unlawful processing of your Personal Data and the accidental loss or destruction of, or damage to, your Personal Data.

6. Retention

We process your Personal Data only for as long as necessary to fulfil the Purposes stated above, and thereafter for as long as we are required to do so under the relevant statutory limitation periods, applicable laws and regulations, as well as our internal policies. Where the Personal Data is no longer required for the Purposes stated above or relevant legal requirements, we will delete the Personal Data.

7. Rights of Access and Correction

You have the right to request access to and/or correct your Personal Data by providing written notice to us using the contact information set forth below.

8. Contact Information

In the event you wish to limit the processing of your Personal Data, to access or correct your Personal Data, or if you have any inquiries or complaints in respect of the processing of your Personal Data, please contact:

Data Protection Officer

MyKasih Foundation
Level 3, DIALOG TOWER,
No. 15, Jalan PJU 7/5,
Mutiara Damansara,
47810 Petaling Jaya,
Selangor Darul Ehsan
Email: data_protection_officer@mykasih.com.
Tel. no.: +603 7720 1925
(Monday to Friday, excluding public holidays, from 8.30am to 5.30pm)

9. Language

In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version of this Notice, the English version shall prevail.