The Personal Data Protection Act 2010 (“PDPA”) which regulates the processing of personal data in commercial transaction applies to TONE WOW SDN BHD, TONE EXCEL INTERNATIONAL SDN BHD, TONE PLUS SDN BHD and its related corporations (hereinafter referred to as “TONE”, “our”, “us” or “we”). Kindly note that your access to and use of our products, services and its contents (the “Service”) is subject to the terms and conditions of this Privacy Policy (“Privacy Policy” or “Policy”) and all applicable laws.

By accessing and using this Service, you accept and agree to these terms and conditions without any limitation or qualification. For the purpose of this Privacy Policy, the terms “Personal Data” and “processing” shall have the meaning prescribed in the PDPA.

TONE will occasionally update this Privacy Policy to reflect TONE, our customers’ and our users’ feedback.

 

1. SCOPE

This Privacy Policy applies to all operations and business units and associated parties of TONE. To the extent any operations or business unit of TONE already has a data protection notice in place; this Privacy Policy shall supersede and replace any such notice.

2. EFFECTIVE DATE

This notice is effective as at 1st April 2010.

3. PERSONAL DATA PROTECTION PRINCIPLES

• 3.1. General Principle:
• 3.1.1. This Privacy Policy serves to inform you that TONE is processing your Personal Data. In order for us to provide you with our Products and/or Services and to operate in an efficient and effective manner by providing you with the best service possible, we need to collect relevant personal information from you. The personal information collected by us may include (but is not limited to) the following:-
• contact information such as your name, date of birth, identification supporting documents (including NRIC or passport number), gender, nationality and race, preferred language, current private and/or business address, installation address, telephone or mobile phone number, fax number, email address
• your credit card information and bank account details
• your mobile phone location (to determine the closest network connection point to enable connection to our network to make calls and/or access our mobile internet services)
• the status of the Products and/or Services you have acquired from us or subscribed to
• how you use the Products and/or Service (for example traffic data such as numbers and addresses of calls, SMS, MMS, emails and other communications made and received by you and the date, duration, time and cost of such communications)
• the amount of data that has been received and/or sent by you
• the equipment you use when accessing our Products and/or Services (such as your mobile handset, your computer system and platform) to customize the service for you
• your personal interests and preferences to help us tailor offerings of our Products and/or Services which would suit you best
• clickstream data when you visit any of our websites (for example the pages you access and the Services and/or Products you browsed)
• recording of your image via CCTV cameras when you visit our Branches
• recording of calls placed by you to our help desk for our service enhancement and improvement


• 3.1.2. By continuing to use TONE’s services and/or products, you hereby consent to TONE’s processing of your Personal Data in accordance with this Privacy Policy.


• 3.1.3. If you are under 18, you should ensure that you obtain the consent of your parents or legal guardian before using our services and/or products.

• 3.2. Notice and Choice Principle:
• 3.2.1. Please be informed that TONE may process your Personal Data for the following reasons:-
• to verify your identity;
• for the performance of TONE’s contract with you;
• to assess and process your application(s) /request(s) for our Products and/or Services;
• to administer and manage the Products and/or Services we provide you;
• to investigate and resolve any service issues, Incentives queries, complaints or other enquiries that you submit to us regarding our network, Products and Services with our Customer Service teams;
• to provide you with goods and/or services;
• for profiling your Services preferences;
• to assess your needs and provide better service;
• to manage our networks;
• for compliance with any legal and/or regulatory obligations;
• for purposes of any legal proceedings related to the Services;
• for maintaining financial records, assessing or verifying credit and facilitating payments of any amount due to TONE;
• to establish and maintain a common database of customers or processing of data as an outsourced entity both within and outside Malaysia;
• to send you information, promotions and updates including marketing and advertising materials in relation to our goods and Services and those of organizations selected by TONE unless you have otherwise notified TONE that you do not wish for TONE to process your Personal Data for such purpose;
• to keep in contact with you and provide you with any information you have requested;
• to engage in business transactions in respect of Products and/or Services to be offered and provided to you;
• to establish and better manage any business relationship we may have with you;
• to help us monitor and improve the performance of our network, Products and Services, our Customer Relations teams and Service Providers and TONE Websites and to make these more efficient;
• to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;
• to manage staff training and quality assurance;
• to notify you about benefits and changes to the features of our Products and/or Services;
• to determine how can we improve services to you;
• to produce data, reports and statistics which shall be anonymised or aggregated in a manner that does not identify you as an individual;
• to investigate, respond to, or defend claims made against, or involving TONE;
• to recover any amount due to TONE;
• for purposes associated with the detection or prevention of crime and/or fraud;
• for purposes of any legal proceedings related to the Services;
• to protect TONE’s vital interests;
• for the administration of justice;
• for the exercise of any functions conferred on any person by or under any law. Such other purposes as may be related to the foregoing. (collectively known as “Purposes”);
• to maintain records required for security, claims or other legal purposes;
• to comply with legal and regulatory requirements;
• for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities;


• 3.2.2. TONE collects your Personal Data from you when you:-
• communicate with us (for example when you submit an application form to become our customer, or when you contact us for any enquiries including by calling our Customer Service);
• register or subscribe for a specific Product and/or Service or our publications (for example, newsletters);
• use our network and other Products and/or Services of TONE;
• participate in any of our surveys;
• enter into or participate in any competitions, campaigns, contests or loyalty programmes run/organised by us;
• register interest and/or request for information of (through our online portals or other available channels) or subscribe to our Products and/or Services;
• respond to any marketing materials we send out;
• commence a business relationship with us (for example, as a service provider/Business Partner);
• visit any of our offices;
• visit or browse our websites;
• lodge a complaint with us;
• provide feedback to us (for example via our websites or in hard copy);


• 3.2.3. Other than personal information obtained from you directly (as detailed above), we may also obtain your personal information from third parties we deal with or are connected with you, and from such other sources where you have given your consent for the disclosure of information relating to you, and/or where otherwise lawfully permitted.


• 3.2.4. It is obligatory that you supply TONE with the Personal Data marked with asterisk in the relevant forms. Should you fail to supply TONE with the above Personal Data or subsequently withdraw your consent to TONE’s processing of your Personal Data, TONE may not be able to continue providing you with certain Services and/or process your Personal Data for any one above Purposes (save and except for the purposes of direct marketing).

• 3.3. Disclosure Principle:
• 3.3.1. TONE may disclose your Personal Data to certain third parties for the purposes of complying with any government agency notification requirements; and/or for the Purposes above. Such third parties include without limitation TONE’s service providers, agents, contractors, professional advisers, regulatory bodies, law enforcement agencies and government authorities.


• 3.3.2. In addition to the aforesaid, TONE is obliged to disclose your cell phone number to other network operator, companies and organisations to enable the use of the Products and Services that you have requested and subscribed for.


• 3.3.3. TONE may from time to time, contact you on behalf of our external business partners about particular goods, offers or services that may be of interest to you. In those cases, Personal Data that may identify you will not be transferred to the third party. All communication whether from TONE or TONE’s business partners will be sent to you by TONE. You will be given the opportunity to 'opt-out' from having your Personal Data processed for such direct marketing purposes at the point where TONE asks for information. If you do not wish to receive TONE’s promotional updates you may opt-out of receiving these communications by contacting TONE at our contact details as prescribed below.


• 3.3.4. TONE may disclose your Personal Data to our Business Partners, Branches, your upline and other parties for purposes that are related to the purpose of collecting and using your personal information to give you better understanding of the products and Services.


• 3.3.5. Save in accordance with this Privacy Policy and except as permitted or required under any enactment, law, statute or code, TONE will not use or disclose your Personal Data without prior consent.


• 3.3.6. TONE may use your personal information to provide you with information about our and third party services and/or products, which may be of interest to or benefit you, except where otherwise requested or notified by you. In certain instances, we may disclose your personal information to our preferred Business Partners and Members. However, please note that we will only disclose your personal information to our Business Partners, merchants and/or strategic partners where you have subscribed for particular Services or Products which require such disclosure, and/or where your consent has been obtained, subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to TONE. We take reasonable steps to ensure that our agreements with our preferred Business Partners, merchants and/or strategic partners include appropriate privacy and confidentiality obligations. If you do not wish your personal information to be utilised for the purposes of marketing or should you change your mind in relation to your previous decision, please contact us at the TONE SUPPORT via the contact details provided below. Your latest written instructions to us will prevail.


• 3.3.7. It may be necessary for us to transfer your personal information outside Malaysia if any of our service providers or strategic partners (overseas entities) who are involved in providing part of a TONE Products and/or Services are located in countries outside Malaysia or if you use the Products and/or Services from a country other than Malaysia (for example, international roaming). You consent to us transferring your personal information outside Malaysia in these instances. We shall take reasonable steps to ensure that any such overseas entities are contractually bound not to use your personal information for any reason other than to provide the Products and/or Services they are contracted by us to provide and to adequately safeguard your personal information.

• 3.4. Security Principle:
• TONE shall take practical steps to safeguard the confidentiality and security of all Personal Data, including appropriate procedural, organizational and technical steps to protect your Personal Data from accidental or unlawful destruction or accidental loss, alteration or disclosure. Procedures for implementing these steps will be communicated to all TONE’s employees and third party service providers as prescribed in Paragraph 3.3.

• 3.5. Retention Principle:
• TONE shall not retain the Personal Data longer than it is necessary for the fulfilment of the Purposes above. TONE shall also take reasonable steps to ensure that the Personal Data is destroyed or permanently deleted if it is no longer required.

• 3.6. Data Integrity Principle:
• 3.6.1. TONE strives to maintain complete, current, and accurate information about its customers. Any inaccurate information that is brought to TONE’s attention will be corrected as soon as reasonably practicable after notification. Procedures will be maintained to ensure that any reported inaccuracies are promptly and effectively handled and that customers' information remains as accurate, current and complete as possible.


• 3.6.2. Notwithstanding the foregoing, you are responsible for ensuring that the Personal Data you provide to TONE is accurate, complete and not misleading and that such Personal Data is kept up to date. Failure to provide complete and correct information to TONE as required in the relevant forms as prescribed in Paragraph 3.2, may result in your application for Services being rejected, the Services or the relevant agreements being terminated and/or correspondence from TONE relating to relevant matters may fail to reach you.

• 3.7. Access Principle:
• 3.7.1. Should you have any queries, concerns or complaints in relation to this Privacy Statement, kindly contact us at TONE Contact Centre during office hours between 8:00am to 10:00pm daily.
  
  You may access and request for correction of your Personal Data and to contact us with any enquiries or complaints in respect of your Personal Data as follows:
  
  Contact Person: Customer Care
  E-mail address: hq.care@tonegroup.net or support@tonewow.net
  Phone number: +6011-59000969
  Fax Number: +603-90540278
  
  In accordance with the PDPA:
• We may charge a fee for processing your request for access or correction; and
• We may refuse to comply with your request for access or correction to your Personal Data.

4. TONE’S WEBSITE

• 4.1. TONE provides Products and Services via its various websites. When a customer visits TONE’s websites the web servers generally record anonymous information such as the time, date and URL of the request. This information assists TONE to improve the structure of its websites and monitor their performance. From time to time TONE may also use third parties to analyse this information.
  

• 4.2. For the purpose of using TONE’s websites TONE may require standard information such as your Login ID, passwords and other Personal Data as prescribed above. This information is necessary for TONE to provide the Services. You are required to maintain the secrecy of your Login ID and Password enabling you to access the TONE home page and Member Management Areas. It is strongly stressed that TONE will not be able to secure the Personal Data if you reveal your Login ID and Password to anyone, and as such, is not liable for any breach of Personal Data..

• 4.3. TONE’s websites may link or otherwise to any Third-party website, services, applications, online resources to which this site may link or otherwise reference that you may access through the Services. For example, the Services utilize the YouTube API Services as a Third-Party Services, and you are agreeing to be bound by the YouTube Term of Services (https://www.youtube.com/t/terms), Privacy Policy (https://policies.google.com/privacy), and API Services Terms of Service (https://developers.google.com/youtube/terms/api-services-terms-of-service) when engaging YouTube content and services through the Service. TONE take no responsibility for the content or privacy practices of any Third Party Services.

5. IP ADDRESSES AND COOKIES

• 5.1. TONE also collects Internet Protocol (IP) addresses. IP addresses are assigned to computers on the Internet to uniquely identify them within the global network. TONE collects and manages IP addresses as part of the service of providing internet session management and for security purposes.

• 5.2. TONE’s websites may transmit to any customer’s computer a “cookie”. A cookie is a package of data that allows TONE’s server to identify and interact more effectively with the customer’s computer having to spend time on identifying each user, thereby also providing additional login convenience. The customer may configure and personalize its current browser to refuse, reject or delete such cookies.

• We may amend this Privacy Statement from time to time and the updated version shall apply and supercede any and all previous versions, including but not limited to, leaflets or hard copy versions. Please check our website for information on our most up-to-date practices.