What is this privacy statement about?
The Personal Data Protection Act 2010 ("PDPA") sets out the rules which all users of personal data including speakOUT must obey when obtaining and using information about of our customers.
As part of speakOUT's compliance to PDPA and commitment towards the protection of our customer's personal information, speakOUT has put in place a personal data protection and compliance principles and framework ("Framework") in which speakOUT stands guided by in the provision of our products and services to our customers ("Products and Services").
How is this relevant to me as a customer of speakOUT?
The PDPA also provides you with certain rights to control how your personal data is used. In this regard, please note that:
- your rights under the PDPA is qualified by six (6) exceptions where such processing is necessary for; (i) the performance of a contract to which you are a party; (ii) taking of steps, at your request, with a view of entering into a contract;(iii) compliance with any legal obligation to which speakOUT is the subject, other than a contractual obligation; (iv) protecting the vital interests, namely matters relating to life, death or security; (v) the administration of justice; or(vi) the exercise of any functions conferred on any person under any law.
- by your conduct of registering and/or continuing to use the Products and Services, you are consenting to your personal information being processed by and where required, disclosed to classes of third parties as identified by speakOUT for the purposes of speakOUT providing the Products and Services to you.
Why is this privacy statement significant?
The essence of the Framework is encapsulated in this Privacy Statement and the Data Protection Obligations. Both the Data Protection Obligations and this Privacy Statement forms an integral part of the terms and conditions of the use the Products and Services.
speakOUT may be required to revise and/or modify this Privacy Statement and the Data Protection Obligations from time to time. In the event of such revision and/or modification, speakOUT will communicate such revision and/or modification at speakOUT's website. By continuing to use the Products and the Services after the communication of such revision and/or modification, you are accepting and consenting to such revision and/or modification. Please contact speakOUT in the event you do not agree to such revision and/or modification and depending on the nature of such revision and/or modification, it may impact speakOUT's ability to continue providing the Products and Services to you.
Is it necessary for speakOUT to collect and process my personal information?
In order for speakOUT to provide the Products and Services and also to serve you better, speakOUT has in place certain procedures and processes in tandem with the Framework which necessitates the provision of some of your personal information to speakOUT.
What personal information is speakOUT collecting and processing?
Basically, the personal information of customers collected and processed by speakOUT ("Personal Information") are categorised into:
(1) Mandatory information; and
(2) Optional information.
1.1 Such personal information marked as mandatory by speakOUT ("Mandatory Information") includes:
Personal details and information obtained by speakOUT as part of the subscription processes (e.g. registration, subscription, renewal, change of plans etc) in respect of the Products and Services. The type of details herein includes but are not limited to:
- Date of birth
- Nationality and Race
- Address (private and/or business; current and/or previous address, installation address)
- Contact Numbers (private and/or business, mobile, fixed line, fax)
- Email address (private and/or business)
- Credit Card number or bank account details
- Identification supporting documents (including NRIC, passport, certificate of incorporation etc.)
In addition to the above, speakOUT also processes the following Mandatory Information dealing with:
- the Products and Services you have acquired from SpeakOUT or subscribed to (including their status);
- the manner of usage of these Products and Services (including but not limited to phone numbers and email 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 type (but not content) of any files sent by you pursuant to such communications, your internet searching and browsing history, access to content, uploads and downloads (including the amount of data consumed), your IP address and your PC location (in instances of data plan);
- your billing and payment status and records;
- the quality of the Products and Services (based on your feedback on the network reception and data quality);
- your personal interests and preferences (ascertained via the trend and/or types of Products and Services acquired and frequency of usage);
- your mobile phone location (in order for speakOUT to determine the closest speakOUT's network connection point to your mobile phone to enable you to connect to speakOUT's network to make calls or access the mobile internet);
- the equipment which you use when accessing our Products and Services (such as your mobile handset, your computer system and platform); and
- your image, by way of video surveillance logs installed in some of our centers as part of our security infrastructure.
1.2 In respect of the Mandatory Information, you agree and accept that;
- you will provide such information to speakOUT and consent to the processing of the same by speakOUT; and
- some of the said personal information can be collected and/or automatically processed by speakOUT through its systems.
If you do not agree to provide the Mandatory Information to speakOUT and/or do not agree to speakOUT processing the same, then speakOUT will not be in the position to provide the Products and Services to you.
2.1 Optional information which speakOUT will collect and process based on your subscription or usage ("Optional Information") includes:
- Additional details provided by you including without limitation, specification of areas of interests which you would like to be alerts of for marketing related activities, your participation of speakOUT's contests, surveys, promotional activities etc.
- Personal information which are inherent to and/or enable the Products and Services which you are acquiring or subscribing to ("Optional Services"), examples of which include but are not limited to identification of supplemental lines, location based services requiring disclosure of your location etc.
- Personal information collected and/or processed through direct communication with speakOUT including but not limited to MMS, SMS, customer services conversations, Facebook postings or online interactions etc.
- Information available in the public domain including but not limited to SSM, SKMM etc for the purposes of enabling the provision of the Products and Services including the Optional Services.
2.2 The Optional Information are processed with your knowledge and consent as you retain the discretion on whether to:
- continue subscribing or not, the Optional Services. In this regard, should you object to speakOUT processing such Optional Information, you should not subscribe to such Optional Services.
- exclude yourself or not, from such marketing or promotional alerts. In this regard, please note that by excluding yourself, you may probably miss out on great offers, savings and promotions by speakOUT on the Products and Services.
- respond to and/or initiate or not, such direct communication with speakOUT.
How is speakOUT collecting my personal information
speakOUT collects the Personal Information in a number of ways, including:
- directly as provided by you including but not limited to instance when such Personal Information is provided via phone, in application/ other related forms or agreements, or when submitting your personal details through speakOUT's agents and/or online channels such as speakOUT's websites, Facebook account etc;
- from speakOUT's own records including but not limited to the information of how you use the Products and Services.
- In the event that you access our websites or online portals ("Online Channels"), please be aware that:
- your IP address and information about your visit (such as time stamp, date, duration etc) will be automatically picked up by speakOUT's systems. Such function is inherent and integral to any telecommunications related system. In this regard, speakOUT has taken reasonable steps to put governance processes in place.
How would speakOUT use my personal information?
Your Personal Information will be used by speakOUT to:
- verify your identity.
- assist you when subscribing to the Products and Services.
- provide the Products and Services you require;.
- administer and manage those Products and Services to you, including charging, billing and collecting debts.
- inform you of ways the Product and Services provided to you could be improved;
- conduct appropriate checks for fraud, credit-worthiness and/or financial matters (such as but not limited to, for purposes of maintaining financial records, facilitating payments of any amount due to speakOUT, assessing or verifying credit etc.). For the avoidance of doubt, consent for the disclosure of any of your information herein include consent for; (i) speakOUT to disclose to any relevant third parties including without limitation, financial institutions, credit agencies etc; and (ii) the said third parties to disclose such information and/or findings to speakOUT.
- improve and develop our services e.g. manage staff training and quality assurance.
- to investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to us regarding our network, Products and Services or customer relations teams.
- gain an understanding of your information and communication needs in order for us to provide you with better services.
- maintain and develop our business systems and infrastructures, including testing and upgrading of these systems.
- conduct research and development and statistical analysis in connection with the Products and Services (including by aggregating information about you and your spending and use of Products and Services with other users of our Products and Services) to identify trends and develop new Products and Services which reflect the interests of customers such as yourself;
- where applicable, for your contest participation and prize giving purposes including but not limited to identification, verification of participation, eligibility to participate, sending or collection of prizes etc;
- assist us in understanding the browsing preferences of users such as yourself on our website for improvement purposes.
Please note that you will not be able to limit the processing of the Personal Information for the aforementioned purpose. If you do not agree to such processing by speakOUT, then speakOUT will not be in the position to provide the Products and Services to you.
speakOUT may also use the Personal Information to enhance your experience with speakOUT, such as;
- to alert you of speakOUT's latest promotion, special offers and/or any marketing launch in respect of the Product and Services (including without limitation by way of direct mail, bill inserts, telemarketing, email, MMS and SMS).
- to bring to your attention products, services and special offers of third parties whose products and services speakOUT deem may be of interest to you. In this regard, please be assured that speakOUT will never give your personal information to these third parties for them to promote and/or market their products and services to you directly).
- to send you seasonal greetings messages or public service announcements either on our own behalf or on behalf of other people or entities.
What does speakOUT mean by when required; speakOUT may disclose my personal information to identified classed of third parties?
In order for speakOUT to provide the Products and Services and also to serve you better, speakOUT may have to disclose your Personal Information to the following classes of third parties:
- to third parties engaged by speakOUT to assist and/or facilitate the delivering some and/or part of the Products and Services to you, including without limitation companies engaged for purposes of providing to speakOUT:
- customer enquiry and other customer related services (including telemarketing);
- data processing services
- installation services
- maintenance and repair services
- information technology services
- media and marketing services (including advertising)
- market research and website usage analysis services
- content and product (only when you have requested their content/product)
- billing and debt recovery functions
- to strategic partners of speakOUT that work with us to provide and/or market the Products and Services (such as our network of dealers).
- to other telecommunications related and information service providers when you have made calls over or otherwise used their networks, for billing and service resolution purposes.
- to agents or contractors of speakOUT (including debt collection agencies) for the purposes of recovering any amount due to speakOUT from you.
- to payment channels including without limitation, financial institutions for purposes of maintaining financial records, assessing or verifying credit and facilitating payments of any amount due to speakOUT in connection with the Products or Services you have acquired.
- to regulatory bodies, governmental bodies or other authorities if required or authorized to do so to discharge any regulatory function, under any law or in relation to any order or judgment of a court.
- to regulatory bodies, governmental bodies or other authorities for the purpose of detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders, or for an investigation relating to any of these.
- to any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceedings.
- to professional advisors of speakOUT on a need to know basis for the purpose of those advisors providing advice to us.
- to speakOUT's shareholders and to companies affiliated with speakOUT for the purposes of establishing and maintaining a common database of customers to avoid duplication and to streamline services and offers being provided to you by any company in the speakOUT and/or Telenor Group.
- otherwise as permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010.
In this regard, please be assured that speakOUT has taken reasonable steps to ensure such classes of third parties engaged by speakOUT are contractually bound; (i) not to use your Personal Information for any reason other than to provide the Products or Services and (ii) to adequately safeguard your Personal Information.
Please note that it may also be necessary for speakOUT to transfer your personal information outside Malaysia if any of speakOUT's service providers or strategic partners ("Overseas Partners") involved in providing part of the Products and Services to you are located in countries outside Malaysia or if you use the Products or Services from a country other than Malaysia (for example, international roaming). In this regard, you hereby consent to speakOUT transferring your personal information outside Malaysia in these instances. Please be assured that speakOUT will take reasonable steps to ensure that any such Overseas Partners are contractually bound; (i) not to use your Personal Information for any reason other than to provide the Products or Services and (ii) to adequately safeguard your Personal Information.
Help speakOUT to ensure we hold accurate information
speakOUT endeavors to take reasonable precautions to ensure that the Personal Information that we collect and/or process are accurately reflected in our systems in accordance with the details provided by you. Therefore, the accuracy of the Personal Information depends to a large extent on the information you provide. As such, it is a condition of speakOUT providing the Products and Services to you that you;
- provide speakOUT with the accurate and complete Personal Information of yourself and/or any relevant person (including their consents) for purposes of the acquiring and/or subscription of the Product and Services.
- update speakOUT as and when such Personal Information provided earlier to speakOUT becomes incorrect or out of date by contacting speakOUT.
How to contact speakOUT
- Email at firstname.lastname@example.org
Write in to:
Pavo Communications Sdn Bhd,
Unit 23-13, Q Sentral,
Jalan Stesan Sentral, KL Sentral,
50470, Kuala Lumpur. Malaysia.
- Contact Call Centre via 011 3111 2233