Effective Date: 1 March 2021

1. INTRODUCTION

JOBTIVITI SDN BHD (formerly known as Agensi Pekerjaan Set Sdn Bhd) (Company No. 1303559-A) (“Jobtiviti” or the “Company”) is in the business of providing training & talent matching solution services. The Company, its subsidiaries, associates, affiliates and/or related companies (hereinafter collectively and severally referred to as “Jobtiviti”, “we”, “us”, “our” and any similar expression thereto) are committed to safeguarding the privacy of personal information provided to us and information about visitors to our platforms (“Jobtiviti Platforms”). 

Your privacy is important to us. We treat and view your personal information seriously. Please read this Privacy Policy carefully as it forms part of the Terms of Use which govern the use of the Jobtiviti Services and the Jobtiviti Platforms.

The Personal Data Protection Act 2010 (“PDPA”) which regulates the processing of personal data in commercial transactions came into force on the 15^th day of November 2013. In line with the PDPA, this Privacy Policy (“Policy”) explains how we may collect and use information that we obtain from you, and your rights in relation to the information. Your use of the Jobtiviti Platforms or your provision of information to us constitutes your acknowledgment of the terms of this Privacy Policy. This Privacy Policy sets out the following:-

• the types of data/personal information about you which Jobtiviti collects and processes when you use any of the Jobtiviti Services and/or the Jobtiviti Platforms;
• how Jobtiviti collects, processes and use your Personal Data when you use any of the Jobtiviti Services and the Jobtiviti Platforms;
• the purpose for which Jobtiviti collects and processes your Personal Data;
• your rights to access to, correct and/or update your Personal Data;
• the classes of third parties to which Jobtiviti may disclose your Personal Data to;
• whether there is an obligation for you to supply your Personal Data and the consequences for failing to provide your Personal Data if so obligated; or
• how Jobtiviti safeguards the confidentiality and security of your Personal Data.

SCOPE OF PRIVACY POLICY

This Privacy Policy applies in the following circumstances:-

• when you request information from us or provide information to us;
• when you or the organisation you work for engages our services;
• when you complete any forms on the Jobtiviti Platforms;
• when you sign up to attend any events hosted by us or strategic collaborative partners;
• when you visit and/or access the Jobtiviti Platforms; or
• when you subscribe to our mailing list, newsletters and/or alerts to receive publications and other marketing emails.

Definition

In this Privacy Policy:- 

Terms	Definition
“Account”	A User account set up for the purpose of using the Jobtiviti Services
“Advertisers”	A person or entity contracted to post advertisements on the Jobtiviti Platforms
“Account Application”	A User’s application or registration for a User account on the Jobtiviti Platforms for the purpose of using the Jobtiviti Services
“Candidates”	Individuals with a registered User Account on the Jobtiviti App who are seeking to be employed as an employee or independent contractor by an Employer
“Employer”	An individual or entity with a registered Employer Account for any reason related to the purpose of seeking candidates for employment or independent contractors for its own business
“Job Application”	A Candidate’s application for a job either in response to a public job posting or pursuant to a ‘connect’ initiated by an Employer
“Trainee”	Individuals with a registered User Account on the Jobtiviti Learning Platform and WORQEX platform looking to learn
“Trainers”	Individuals with a registered User Account on the Jobtiviti Learning Platform looking to provide training services
“Jobtiviti Platforms”	comprising our website at https://jobtiviti.com(“Jobtiviti Website”), our mobile application software (“Jobtiviti App”), our learning platform https://learn.jobtiviti.com (“Jobtiviti Learning Platform”), our WORQEX platform https://worqex.com (“WORQEX”) and other social media platforms where Jobtiviti has a presence
“Jobtiviti Services”	(i)        the provision of a mobile application (i.e. the Jobtiviti App) for Candidates to build their jobseeking profile, apply for relevant jobs, partake in quizzes, in-app contests or activities organised by Jobtiviti or its strategic collaborative partners, and such other features which Jobtiviti may in its sole and absolute discretion introduce from time to time;(ii)      the provision of an automated talent matching services with a view to ‘connect’ an Employer to a Candidates based on an Employer’s specification or preference;(iii)     providing Employers with access to the Jobtiviti web application by registering an Employer’s Account with Jobtiviti; and(iv)     providing Advertisers and/or Employers services to advertise on the Jobtiviti App.(v)      providing a platform for trainers to create, publish and manage training content on Jobtiviti Learning Platform(vi)     providing a platform for trainees to learn from trainers on Jobtiviti Learning Platform(vii)   providing & managing Jobtiviti’s own learning content via WORQEX
“Personal Data”	Any data that can be used to identify a User
“Profile”	Individual profiles created by Users or corporate profiles created by Employers
“Purposes”	As set out in Clause 6.1 herein
“User”	Any individual or entity that uses any aspect of the Jobtiviti Platforms and/or Jobtiviti Services
“you” or “your”	the person who (or the entity on behalf of whom you are acting) that is agreeing and consenting to the terms of this Privacy Policy

In the circumstances where you may provide personal information of another individual other than yourself to Jobtiviti, you hereby agree and acknowledge that you shall be responsible to inform the said individual of the disclosure of their personal information to Jobtiviti and obtain his/her consent to the said disclosure. 

5. COLLECTION OF PERSONAL DATA 

In compliance with the PDPA, we hereby give you notice that your Personal Data will be collected, recorded, held, stored and processed by us, including our employees, to be utilised and dealt with in accordance and in compliance with the PDPA. The processing of your Personal Data is necessary, failing which we will not be able to process your Account Application, Job Application and/or provide you the Jobtiviti Services.

• We collect Personal Data from you when:-

• you register an account on the Jobtiviti Platforms in order to use any of the Jobtiviti Services;

• When you register for an Account to access the Jobtiviti Website, Jobtiviti App or use any of the Jobtiviti Services, you will be asked to provide certain personal data and information about you, compulsory or otherwise.

• To create an Account, you need to provide Personal Data including your name, email address and/or mobile number, and a password.

• Whenever the Personal Data requested by us is marked as ‘Required’, you acknowledge that you must provide such Personal Data and agree to the processing of the Personal Data by us. You further acknowledge that if you do not agree to provide any such Personal Data deemed compulsory, Jobtiviti will be unable to provide the Jobtiviti Services to you and your request to use such services or application to access the Jobtiviti Platforms will be rejected.

• you voluntarily submit your Personal Data to us for any reason whatsoever;

• For purposes of providing the Jobtiviti Services, we may ask for further information which may include but is not limited to your age, gender, residential address, NRIC No[1] [2] ., nationality, contact number, your résumé/curriculum vitae, academic qualifications, working experience, other personal/financial information such as your last drawn salary, and all other information not specifically mentioned herein. Where circumstances so require, we may also collect your sensitive personal data consisting of information such as your personal health and medical records.

• you subscribe to our newsletters, alerts and/or product notification;

• You may subscribe to our newsletters, email/mobile alerts and/or notification regarding our events or products, our strategic collaborative partners’ events, or the Jobtiviti Services.

• We may contact you through email, mobile phone (including but not limited to text messages or push notifications), notices on the Jobtiviti App/Jobtiviti Website or messages to your Jobtiviti App/Jobtiviti Website inbox or any other Jobtiviti Platforms, in order to inform you of the availability of or updates to the Jobtiviti Services, security-related issues or other service-related issues.

• We may also send you messages or alerts on network updates, reminders, job suggestions or promotional messages from us or our affiliates, including without limitation, the Employers or Advertisers.

• Whilst you may change your communication preferences at any time, please be aware that you cannot opt-out of receiving service messages from us, including security and/or legal notices.

• you set up a Profile on the Jobtiviti Platforms;

• You can choose to provide the type of information you wish to appear on your Jobtiviti Profile such as your educational background, work experience, skills, photo, activities, etc. You are not required to provide additional information on your Profile. However, additional Profile information helps you to get more from the Jobtiviti Services, including helping us match you with an Employer. Kindly refrain from posting any Personal Data to your public Profile that you would not want to be publicly available.

• you interact with other Users on the Jobtiviti Platforms;

• We collect Personal Data from you when you provide, post or upload the said Personal Data to the Jobtiviti Platforms e.g. through your interaction with other Users, your activity on the Jobtiviti Platforms, filling out a survey form, answering quiz questions etc.

• You are not obligated to post or upload your Personal Data. However, your limited engagement or interaction on the Jobtiviti Platforms may limit your ability to grow on the Jobtiviti Platforms and/or engage with any Users on the Jobtiviti Platforms.

• you accept our cookies on your device;

• We collect data through cookies and similar technologies. A “cookie” is an element of data that can be sent to your browser. Your browser may then store it on your system based on the preferences you have set on your browser. Cookies gather information about your operating system including, but not limited to, browser type, and Internet Protocol (IP) address and/or the time, date and duration of your visit.

• Our website uses this information to analyse the traffic on our website, and better serve you when you return to our website. You have the option to configure your Internet browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. Further, you have the option to block all cookies. Please note, however, that if you refuse or otherwise block cookies you may not be able to use all of the functionality available on the Jobtiviti website.

• you use the Jobtiviti Platforms or the Jobtiviti Services;

• We log your visits and use of the Jobtiviti Platforms. We log usage data when you visit or otherwise use the Jobtiviti Platforms, such as when you view or click on content or advertisements, perform a search, install or update the Jobtiviti App, share articles, interact with other Users, interact with the Employers or apply for jobs. We use log-ins, cookies, device information and Internet protocol addresses to identify you and log your use.

• you interact/connect with us or Employers who initiate a connection with you;

• If you respond to a public job posting or advertisement, you may need to provide current and historical information about yourself, including without limitation your education, employment and/or state of health. Your Job Application will constitute your express consent of our use of your Personal Data either to process your Job Application or to disclose to the Employers of which the Job Application so relates.

• You may be required to answer a list of questions selected by that Employer. By answering the aforesaid questions, you acknowledge that Jobtiviti will provide your answer to that Employer and may use your answers to populate your Jobtiviti Profile. Jobtiviti may also use your answers to improve our products including its talent matching services.

• you interact/connect with us or Trainers who initiate a connection with you;

• If you liaise with the Trainers on Jobtiviti Learning Platform 

• If you liaise with Jobtiviti on WORQEX

• you interact with us on our social media platforms, and/or our customer service representatives (whether third party or otherwise), in any form or manner;

• you participate in our promotions, contests, giveaways, activities and/or surveys; 

• your referee(s) submits your Personal Data to us;

• If you choose to provide details of a referee to Jobtiviti, Jobtiviti will collect information on your referee’s name, contact numbers, email address, position/job titles and other relevant particulars. The information collected will be enclosed as part of your Job Application and Employers may contact your referee(s) to get references for your Job Application.

• you invite a friend to use the Jobtiviti Services or Jobtiviti Platforms;

• If you choose to tell your friend about the Jobtiviti Services or invite your friend to register for an account to use any of the Jobtiviti Services, Jobtiviti will request for your friend’s name and email address. An email will be sent to your friend with an invitation to use the Jobtiviti Services and/or Jobtiviti Platforms.

HOW WE USE YOUR PERSONAL DATA

6.1          The collection and processing of your Personal Data is done for, amongst others, the following purposes (“Purposes”):-

• registering and maintaining your Account on the Jobtiviti Platforms;
• verifying your identity;
• assessing and/or verifying your employability;
• matching you to Employers;
• improving your matching opportunities to Employers;
• obtaining a better understanding of our Users and tailoring the specific Jobtiviti Services to our Users;
• conducting research and development and statistical analysis in connection with the Jobtiviti Services to identify trends and develop new services to cater to evolving demands and the overall improvement and development of the Jobtiviti Services towards enhancing the Jobtiviti Platforms’ Users’ experience;
• contacting you and delivering notices or other forms of correspondence to you (including but not limited to post, short messaging service, email, messages to the inbox of your Account, chat function on the Jobtiviti Platforms etc.);
• monitoring and enforcing compliance with the Candidates’ Terms of Use;
• communicating with you and providing you with support services on matters related to (a) your queries, requests and feedback, (b) material changes to the Jobtiviti Platforms, this Privacy Policy or the Candidates’ Terms of Use, (c) the operation of your Account;
• monitoring and maintaining proper operation, administration and record-keeping in accordance with our internal policies and procedures;
• ensuring the proper function and optimising the performance of the Jobtiviti Platforms by carrying out activities such as debugging and statistical analyses;
• assisting Jobtiviti in understanding your browsing preferences on the Jobtiviti Platforms in order to enable Jobtiviti to tailor specific contents to your preference and/or interest;
• processing your participation in our or our strategic collaborative partners’, Advertisers’ and/or Employers’ promotions, events, giveaways and/or initiatives of any nature whatsoever;
• promoting or marketing to you products and/or services of third parties which we think may be of interest to you;
• meeting any legal or regulatory requirements including detection and prevention of fraudulent activities, compliance with any laws and/or orders of Court and disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code;
• maintaining a continuous relationship with you and allowing us to provide continuous client care and the upkeeping of any matters relating thereto;
• improving the service our customer service/experience team by recording and monitoring phone calls for training purposes; and/or 
• any other specific purpose which we may notify you on the Jobtiviti Platforms.

• If you do not consent to Jobtiviti processing your Personal Data for the Purposes set out herein, you must terminate your agreement with Jobtiviti, terminate your Account and immediately cease usage of the Jobtiviti Platforms.

• Jobtiviti will seek your consent before processing your Personal Data for purposes other than those set out in Clause 6.1 above.

• For the avoidance of doubt, Jobtiviti does not collect, use and/or process your Personal Data for any political purposes or for any political entities, in any form or manner, whatsoever or howsoever. 

7. DISCLOSURE

7.1          Kindly take note that certain Personal Data relating to you may be disclosed to the following classes of third parties in order for Jobtiviti to operate its business and provide the Jobtiviti Services to you with a view to achieve the purposes set out in Clause 6.1 above:-

• the Employers;
• the Advertisers;
• the Trainers;
• strategic collaborative partners or third party contractors or third party service or product providers as may be necessary or appropriate for the purpose of delivering the Jobtiviti Services to you, including without limitation, to contractors/providers of the following service:-
• Profile assessment;
• Advertising or marketing;
• Maintenance and repair;
• Customer service and enquiry;
• Market research and analytics; or
• Marketing and promotion,
• the school/college/university/institute you studied at and/or your referee(s) for the purpose of verifying your academic qualification;[3] [4] 
• professional qualifying bodies where you obtained your accreditation;
• any organisation that paid for your training on Jobtiviti Learning Platform or WORQEX
• any person to whom we are compelled or required to do so under the law or in relation to any order or judgment of a court, or in response to a competent or government agency;
• any party involved in or related to a legal proceeding (or prospective legal proceeding) for purpose of the legal proceedings;
• government agencies, statutory authorities, industry regulators and other similar authorities;
• when and where necessary, Jobtiviti’s advisors in order for the advisors to provide advice to Jobtiviti; or
• as otherwise permitted under Malaysian laws, including without limitation, the PDPA.

• You will receive a notice before your Personal Data is disclosed to third parties not listed in Clause 7.1 above. You will have the opportunity to deny Jobtiviti the permission to share your Personal Data to third parties not listed herein.

• Change in Control or Sale of the Business of the Company

Should there by a sale of the Company’s business to a third party or where there is a change in control  in the Company (“Acquisition”), your Personal Data may be disclosed to the relevant third parties for purposes of the Acquisition. We may also share your Personal Data as part of a sale, merger or change in control, or in preparation of the foregoing events. Any other entity who successfully acquires the Company shall have the right to continue to use your Personal Data but only in the manner set out in this Privacy Policy unless you agree otherwise.

8. RETENTION OF PERSONAL DATA

Jobtiviti will retain your Personal Data or any other information pertaining to you for as long as your Account is in existence or for such period necessary to fulfill the purposes set out in Clause 6.1 above, or for any legal or business purposes, and thereafter the Personal Data shall only be retained if necessary for statistics and/or research purposes. The aforesaid information will also include any information you or others provide to us and data generated or inferred from your use of the Jobtiviti Services.

When your Personal Data is no longer required for any reason connected to the purpose it was originally collected or retention of the same by us is no longer necessary for any other legal or business purposes, we will ensure that such Personal Data is destroyed, deleted or anonymised.

9. ADMINISTRATION, MANAGEMENT AND PROTECTION OF PERSONAL DATA

9.1          Jobtiviti is committed to keeping your Personal Data secure. We endeavour to safeguard and maintain the confidentiality of your Personal Data. We will take reasonable steps to hold information securely in electronic or physical form, and to prevent unauthorised access, modification or disclosure of your Personal Data. 

• 9.2          Jobtiviti will monitor its systems for possible vulnerabilities and attacks, and try to prevent security breaches by putting in place reasonable security measures to ensure that your Personal Data is adequately protected. Your Personal Data will be stored and backed up securely in access-controlled premises or on electronic databases requiring logins and passwords. We also require our third party data storage providers to comply with the appropriate information security industry standards. 

• Notwithstanding Clauses 9.1 and 9.2 above, you hereby agree and acknowledge that transfer or transmission of information via the Internet or any method of electronic storage is not completely secure. Therefore, we are not able to warrant the absolute security of any information provided to us. Whilst we cannot guarantee that loss, misuse, unauthorised access, disclosure or alteration of data will not occur, we will make reasonable efforts to prevent such occurrences. You further acknowledge that Jobtiviti shall not be responsible nor will Jobtiviti accept responsibility for any unauthorised access or loss of your Personal Data, save as provided for in accordance with this Privacy Policy. Further, Jobtiviti shall in no event be responsible for any unauthorised use of Personal Data by third parties due to reasons or factors not attributable to Jobtiviti or beyond the control of Jobtiviti.

10. ACCESSING, CORRECTING AND CONTROLLING YOUR PERSONAL DATA

Under the PDPA, you have the rights to request access to, correct and/or update your Personal Data unless compliance of such request is specifically refused under the relevant laws.

1. As mentioned in Clause 4 above, you are responsible for the provision of accurate, complete and up-to-date Personal Data to us. If any of your Personal Data has changed or is incomplete or is inaccurate or is not up-to-date, you should make the necessary changes or take the necessary rectification action(s) in order to reflect the correct, accurate and up-to-date Personal Data.  

1. 10.3       You hereby agree that you shall be responsible for the provision of accurate, complete and up-to-date information about yourself and any other person whose personal information you may provide us. You further agree that you shall be responsible for updating your Personal Data as and when it becomes inaccurate, misleading, incomplete and/or out-of-date by contacting Jobtiviti via email at  privacy@jobtiviti.com. 

1. We will make reasonable efforts to ensure that any Personal Data used or processed by Jobtiviti or disclosed to a permitted third party is accurate and complete. However, Jobtiviti shall not be held responsible for using or relying on inaccurate or incomplete Personal Data relating to you if you fail to update us on any changes.

1. We understand that you may have different privacy concerns and/or preferences. You may control how your data is collected, used and/or shared by:-

• controlling who you share your Personal Data with by limiting visibility of your Profile or part thereof to a specific audience; or
• viewing, editing or deleting your Personal Data and/or preferences at any time.

1. If you had subscribed to our mailing list, newsletters and/or alerts to receive publications and other marketing materials relating to Jobtiviti or the Jobtiviti Services but no longer wish to receive the aforesaid information, you may withdraw your consent at any time by using the “unsubscribe” option in the email or other material where such option is available. Alternatively, you can let us know your preferences by sending an email to  privacy@jobtiviti.com.

1. If you would like to request a copy of your data, or would like to take steps to exercise any of your rights, please contact us in writing with your request. We may refuse to provide access and may charge a fee for access if the relevant legislation allows us to do so, in which case we will provide reasons for our decision as required by law. If you have an inquiry or complaint in respect our handling of such Personal Data, you may email privacy@jobtiviti.com.

1. You are entitled to delete your Account at any time. Upon termination of your Account, Jobtiviti will remove all access to your Account, your Profile and your Personal Data from our database unless the retention of such Personal Data by Jobtiviti is mandated or authorised by the relevant laws. 

11. TRANSFER OF PERSONAL DATA TO THIRD PARTIES WITHIN OR OUTSIDE OF MALAYSIA 

It may be necessary to share your Personal Data with our affiliates, strategic collaborative partners, Employers, Advertisers or third party service providers located within or outside of Malaysia in the course of conducting our business and/or providing the Jobtiviti Services. 

1. Please note that your Personal Data may be transmitted or accessed in a location outside of Malaysia whose local laws provide various levels of protection for personal data which are not always equivalent to the level of protection that may be provided in Malaysia. In the event of such transmission, we endeavour to take reasonable steps to ensure that your information is treated securely and the means of transmission is adequately safeguarded.

1. In the event Jobtiviti reorganises its corporate structure or transfers all or part of our business, we may need to transfer your Personal Data to new entities or third parties though which our business will be carried out.

1. By submitting your Personal Data and/or the continued use of the Jobtiviti Platforms and/or the Jobtiviti Services, you absolutely and unequivocally consent to the transfer or transmission of your Personal Data.

12. LINKED SITES AND THIRD PARTIES

The Jobtiviti Platforms may contain links to other sites which are controlled third parties. Jobtiviti is not responsible for such third party site and Jobtiviti does not accept responsibility for any third parties’ use of your information arising from your use or engagement with such third party sites. Any Personal Data made available by you on such sites will not have the benefit of this Privacy Policy and will be subject to the relevant third party sites’ privacy policy (if any). 

12. STATUS OF THIS POLICY

Jobtiviti reviews this Privacy Policy regularly and reserve the right to revise it or any part of it from time to time to reflect changes in the law or technology practices. It is your responsibility to review the amended Privacy Policy.

1. You will be notified of any changes to the Privacy Policy via the email address provided by you to Jobtiviti or via an announcement on the Jobtiviti Platforms.

13. CONTACT AND FURTHER INFORMATION

If you have any questions about this Privacy Policy, wish to submit a written complaint to us about how we handle your Personal Data, want to limit the processing of your Personal Data or want to request access to, correction of and/or to update your Personal Data,  please contact us at:-

Address

22-09 Menara 1MK, 1 Jalan Kiara, 50480 Mont Kiara, Kuala Lumpur

Email address

privacy@jobtiviti.com