PERSONAL DATA PROTECTION NOTICE
This Personal Data Protection Notice (“Notice”) describes how Imaginex Studios Sdn Bhd (a company incorporated under the laws of Malaysia with its place of business at Ground Floor, South Wing, Syed Kechik Foundation Building, Jalan Kapas, Bangsar, 59100 Kuala Lumpur, Malaysia) including its subsidiaries, associated companies, affiliates, successors, assigns, and licensees (“Imaginex”) is committed in using and safeguarding the privacy of your Personal Data in compliance with the Personal Data Protection Act 2010 (“PDPA”). This Notice is formulated with the purpose to explain to you how Imaginex uses your Personal Data and is to be read together with other privacy policies and such terms and conditions of use as may be prescribed by Imaginex from time to time, and any other agreements you may have with Imaginex (if any).
In the event of any conflict between the English and other language versions of this Notice, the English version shall prevail. Imaginex reserves the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on the Website. By continuing to communicate with Imaginex or by continuing to engage Imaginex for services or use Imaginex’s services or by continuing to provide Personal Data (whether in person, by e-mail, telephone conversation, facsimile transmission, letter, or otherwise) following the modifications, updates or amendments to this Notice, you shall be deemed to have accepted such modifications, updates or amendments.
For the purposes of this Notice:
“Personal Data” means all information and expressions of opinions that is directly or indirectly relating to a person, who is identified or identifiable from that information or expressions of opinions, including but without limitation, information and expressions of opinions in respect to physical or mental health, racial or ethnic origin, religious or similar beliefs and/or in respect of criminal or civil proceedings. Examples of Personal Data that may be Processed by Imaginex includes but are not limited to your name, address, telephone number, NRIC/Passport No., email address, employment details, personal preferences, IP addresses, social media details, content preferences, bank account information, photographs and images, recordings and any information and/or expressions of opinions which may identify you that has been or may be collected, stored, used and Processed by Imaginex or Imaginex’s employees, stakeholders, associated companies, subsidiaries, affiliates, related corporations, agents, independent contractors and other third parties that Imaginex is associated with from time to time, and any other information which may identify you which you have provided to Imaginex and/or are incidental from such Personal Data.
“Process”, “Processed” or “Processing” all means the collection, usage, recording, storing, retention, disclosure, and other operation or set of operations described in the PDPA.
By engaging Imaginex to provide services or by interacting with Imaginex either at Imaginex’s place of business, Imaginex’s events or otherwise, or using Imaginex’s website(s) at http://www.imaginexstudios.com/ and/or http://www.soundslikeasia.com (“Website”) and/or by using Imaginex’s Facebook page, you consent to the Processing of your Personal Data by Imaginex and all persons involved in the provision of services by Imaginex.
Collection of Personal Data
In addition to the Personal Data you provide to Imaginex directly (i.e. during your communications with Imaginex and/or when you engage Imaginex to provide services or otherwise), Imaginex may also collect your Personal Data from a variety of sources, including without limitation:-
- from the visitation of or entry at Imaginex’s place of business; and/or
- registration or attendance at any event or otherwise organised or sponsored by Imaginex, whether solely or in association/partnership with any third parties; and/or
- persons that you have appointed and authorised Imaginex to communicate with such as representatives or liaison, and emergency contacts; and/or
- from the regulatory and governmental authorities; and/or
- information that is publicly available such as, but not limited to online search tools like Google, Twitter and LinkedIn; and/or
- from such other sources which you have given your consent and authorisation; and/or
- from the cookies used on the Website and/or from Imaginex’s Facebook page.
The provision of your Personal Data is voluntary. However, if you do not provide your Personal Data, Imaginex may not be able to (i) communicate with you; (ii) provide you the services you require or (iii) provide access to certain sections of the Website where log in is required.
However, if you do not provide your Personal Data, where essential, or disable “cookies”, Imaginex may not be able to: (a) communicate with you; (b) provide to you the services that you may require; or (c) enable all features in the Website to function (for example, but not limited to, enable flash videos to be played, ensure you need not input content, language and region preferences each time you visit or browse the Website).
When you visit the Website, Imaginex may record certain information in relation to your visit such as:
- your IP or proxy server IP address;
- basic domain information;
- your internet service provider;
- the date and time of your visit to the Website;
- the length of your session;
- the pages which you have accessed;
- the number of times you access the Website within any month;
- the size of the files you look at;
- the website which referred you to Imaginex’s Website; and
- the operating system which your computer uses.
Various pages on the Website also invite you to provide us with your name and contact details, for example, to be added to Imaginex’s mailing list for Imaginex’s newsletter or to enter competitions.
If you choose to purchase licenses to use Imaginex’s sound effect libraries via the Website, Imaginex collects information about your purchasing behavior. This information is only used for statistical and website development purposes.
Imaginex also collects information from people who use the Website, to send news, information about Imaginex’s activities and general promotional material which Imaginex believes may be useful to you or Imaginex; to monitor who is accessing the Website and to profile the type of people accessing the Website.
If you use a payment facilitator on the Website, Imaginex may collect additional necessary information, including but not limited to billing address, country of origin and phone number. No credit card details are ever stored.
Please note that children under the age of 18 years old (“Minor”) shall be accompanied by the relevant parents, legal guardians and/or representatives when visiting or browsing the Website and/or when using the services that are available on the Website. Where the relevant parents, legal guardians and/or representatives have authorised a Minor(s) to visit or browse the Website and/or use any of the services available in the same, the relevant parents, legal guardians and/or representatives shall be fully responsible for: (a) the online conduct of such Minor(s), (b) the controlling of the Minor(s)’ access to and use of the Website and the services contained therein, and (c) the consequences of any misuse by the Minor(s), including but not limited to transactions entered into by the Minor(s) from such access and use.
Purposes of Processing
Imaginex may use and Process your Personal Data for the purposes relating to the services you have requested and for the general business activities of Imaginex which shall include, without limitation:-
- to communicate with you and/or such other persons as may be required for the purpose and purposes connected thereto;
- to contact the persons you have provided Personal Data of, such as representatives or liaison and/or emergency contacts;
- to provide services offered by Imaginex as desired by you;
- to respond to questions, comments and complaints and to generally resolve disputes, if any;
- to offer you current and future opportunities, news, updates and promotions in the media industry;
- to conduct market research and analysis; for direct marketing through voice calls, text messages, email, direct mail, facsimile messages and other forms of in-app advertisements all in connection with opportunities and updates from Imaginex;
- to enable all features in the Website to fully function;
- for verification and identification purposes;
- for general administrative and record keeping purposes;
- for the purpose of conducting investigations and disciplinary proceedings;
- to provide information to regulatory and governmental authorities in order to comply with statutory and government requirements;
- for compliance with the law and such other purposes that is required or permitted by any law, regulations, guidelines, circulars, and/or relevant regulatory authorities;
- in connection with any legal proceedings or prospective legal proceedings;
- to establish, exercise or defend Imaginex’s legal rights;
and you consent and authorise the Processing of your Personal Data in the manner as identified in this Notice.
Imaginex may also Process your data for other purposes such as:-
- to send you materials such as newsletters, articles, write-ups as well as other updates relating to Imaginex’s services;
- for the purposes of disaster recovery; and
- to distribute information or details of events, fairs, seminars, conferences and talks which may be of interest to you;
by way of email or physical mail which includes, but not limited to, registered post and postcards.
Please rest assured that Imaginex will ask for your consent before Processing your Personal Data for purposes other than those that are set out in this Notice, the applicable laws, and the terms in your agreements with Imaginex, if any.
If you do not consent to Imaginex Processing your Personal Data for the purposes listed above, please notify Imaginex using the contact details stated below.
Transfer of Personal Data
As Imaginex’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and Processed in a jurisdiction other than Malaysia. Further, your Personal Data may be transferred out of Malaysia for the purposes as described above. You understand, consent to, and authorise the transfer of your Personal Data out of Malaysia as described in this Notice.
Disclosure to Third Parties
Imaginex may engage other companies, service providers or individuals to perform functions on Imaginex’s behalf, and consequently may provide access or disclose to your Personal Data to the third parties such as those listed below (not exhaustive):-
- other business partners, industry associations, service providers, professional advisers or individuals to perform Imaginex’s functions on its behalf, including, but not limited to Imaginex’s agents, contractors, sub-contractors, consultants and service providers that provide advisory, accounting, auditing, financial services (including banks), legal services, information technology, data entry, storage facility, security and/or insurance services;
- regulatory and governmental authorities in order to comply with statutory and government requirements;
- specified parties that Imaginex were ordered or directed to disclose pursuant to an order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction over Imaginex; and
- other third parties authorised by yourself.
This Notice only applies to the Processing of Personal Data by Imaginex for the purposes specified in this Notice. It does not cover (a) the Processing of Personal Data conducted by Imaginex for any other purposes not specified in this Notice, (b) the privacy policies and conduct of any third parties, even if such third parties are related to Imaginex, and (c) third party websites to which Imaginex provide links, even if such websites are co-branded with Imaginex’s logo.
Imaginex does not share your Personal Data with third party websites. Imaginex is not responsible for the privacy practices and conduct of these third party websites or such other sites which you may have been linked or directed to via the Website. You should read the privacy policies of such third party websites before disclosure of any Personal Data to these third party websites.
Imaginex does not share nor sell your personal information to any third party without your consent and authorisation, but Imaginex shall not be responsible or held liable for the actions of third parties that you may have been directed to and/or provided Personal Data to. You should read the privacy policies of such third parties before disclosing your Personal Data to such third parties.
Access & Correction Requests and Inquiries
The provision of your Personal Data is voluntary. Subject to any exceptions under applicable laws, you may at any time hereafter request for (a) access to your Personal Data, (b) correction of your Personal Data, (c) to limit the Processing of your Personal Data, (d) withdraw your consent to the Processing of your Personal Data, and (e) seek further information by contacting the following:-
Address: Ground Floor, South Wing,
Syed Kechik Foundation Building
Jalan Kapas, Bangsar
59100 Kuala Lumpur
Email Address: email@example.com
Telephone No.: +603 2092 5020
Facsimile No.: +603 2092 5022
In respect of your right to access and/or correct your Personal Data, Imaginex has the right to refuse the your requests to access and/or make any correction to your Personal Data for the reasons permitted under the applicable law, such as where the expense of providing access to you is disproportionate to the risks to your privacy and/or when Imaginex is unable to confirm your identity or the accuracy of the corrected Personal Data provided.
Your Obligations in Relation to Your Personal Data
You represent and warrant that all Personal Data provided to Imaginex is true, complete and accurate. In the event you are providing the Personal Data of third parties (such as representatives or liaison, emergency contacts, or otherwise) to Imaginex, you further represent and warrant that (a) all necessary consent and authorisation from the third parties are procured, (b) you shall continuously maintain such consent and authorisation, and (c) that you have showed this Notice to such third parties.
You shall immediately inform Imaginex of any changes to the Personal Data which you have provided to Imaginex to such extent necessary in order to enable Imaginex to remain in compliance with the applicable law including the PDPA. Imaginex will use reasonable efforts but shall not be obligated to procure updates from you on a regular periodic basis.
For the avoidance of doubt, you agree that Imaginex shall not be liable for any costs, damages, fines, losses, liabilities and/or penalties that you and/or third parties (including but not limited to an individual or competent authority) have incurred or suffered as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed this Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation.
You further agree to indemnify and hold Imaginex harmless against any actions, claims and/or demands brought against Imaginex by any third parties (including but not limited to an individual or competent authority) and any costs, damages, fines, losses, liabilities and/or penalties (including but not limited to legal costs) which Imaginex may incur or suffer, as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed in this Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation, particularly where Imaginex was provided with false, incomplete or inaccurate Personal Data, failure to update Imaginex of any changes to Personal Data, and/or the necessary consent and authorisation was not obtained or maintained from relevant third parties.
Notwithstanding anything contained herein, the liability of Imaginex (if any) shall be limited to the fullest extent permitted by the applicable law. In no event shall Imaginex be liable for any consequential, incidental, indirect, punitive or special damages, or loss of profits, loss of anticipated profits, data, business or goodwill, regardless of whether such liability (if any) is based on breach of contract, tort, strict liability, or otherwise, and even if Imaginex has been informed or advised of the possibility thereof.
Imaginex uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data and will not knowingly allow access to this data to anyone outside Imaginex, other than to you or as described in this Notice. However, Imaginex cannot ensure or warrant the security of any information you transmit to Imaginex and you do so entirely at your own risk. In particular, Imaginex does not warrant that such information may not be accessed, altered, collected, copied, destroyed, disposed of, disclosed or modified by breach of any of Imaginex’s physical, technical, or managerial safeguards.
Imaginex will only retain Personal Data as long as it is necessary to achieve the purposes specified in this Notice and subject always to the applicable laws including the PDPA, the terms and conditions specified in your agreements with Imaginex (if any) for the duration of your relationship with Imaginex, and for such period as may be necessary to protect the interests of Imaginex.
The Website does not target and is not intended to attract Minors. Imaginex does not knowingly solicit personal information from Minors or send them requests for Personal Data.
This Notice is governed by and shall be construed in accordance with the laws of Malaysia. You hereby submit to the non-exclusive jurisdiction of the Malaysian courts.