PERSONAL DATA PROTECTION NOTICE FOR JOB APPLICANTS
1. Kumpulan Wang Persaraan (Diperbadankan), its respective wholly-owned subsidiaries (which will include but not limited to, KWEST Sdn Bhd and Prima Ekuiti (UK) Limited (“PEUK”)) and special purpose entities (collectively “KWAP”, “we”, “us” or “our”) will process your personal data in order for you to be considered for an employment opportunity with KWAP. Your personal data will be obtained from:
- your Curriculum Vitae (CV) / resumes and supporting documents;
- the forms and supporting documents that you had filled / submitted, have to or may be required to fill / submit;
- your interaction and communication with KWAP through various methods including emails, social media and letters, telephone calls and conversations you have with KWAP’s personnel and/or our authorised agents;
- recruitment agencies or recruitment platforms (including, but not limited to, LinkedIn and Jobstreet); and/or
- the public domain and third parties such as your referees, current / former employers, statutory bodies, or government agencies, credit bureaus or agencies which provide credit or other information.
2. Your personal data that could be collected and processed includes but is not limited to the following:
- your identity and background (including your name, NRIC / passport numbers or copies thereof, date of birth, age, gender, race, religion, nationality, marital status, medical information, signature, photograph, past convictions and past disciplinary actions taken against you) – save and except for applicants for roles with PEUK, in which case more limited identity and background data will be collected;
- your contact information (including your telephone number, email, mailing addresses and fax number);
- your family information (including their name, relationship with you, NRIC / passport numbers or copies thereof, age, gender, date of birth and occupation);
- your emergency contact information (including their name, relationship with you and contact details);
- your financial details (including banking details and bankruptcy disclosures);
- your statutory information (including your Employees Provident Fund (EPF), Social Security Organisation (SOCSO) and income tax reference / registration number);
- your past employment history; and/or
- your academic information (including your qualifications, skills, previous examination results, academic records, language proficiency, information technology proficiency and related academic information).
3. By signing the Consent Form or signifying your consent in any other manner, you consent to KWAP processing your personal data in accordance with this Personal Data Protection Notice (“Notice”) (save and except for residents of the United Kingdom (“UK”) or European Economic Area (“EEA”), whose consent is not required where other legal bases apply, as explained below):
For residents of the UK or EEA
KWAP may collect, use and share your information on one or more of the following legal bases:
- as necessary to comply with our respective legal obligations;
- to protect your vital interests, or those of others;
- as necessary in the public interest;
- as necessary for our (or others’) respective legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data, including:
- to promote and carry out the functions of KWAP;
- to organise and manage stakeholder briefings;
- to incentivise and reward KWAP staff;
- to comply with KWAP’s internal policies; and
- to protect KWAP (including our rights and/or property) or others, including in the context of investigations or regulatory enquiries.
- (a) to perform our contractual obligations, or to take steps at your request prior to entering into a contract with you; and
- with your consent, unless we have another legal basis upon which to do so.
4. Where applicable, we will process your personal data and information for the following purposes:
- to consider, assess and evaluate your suitability and qualifications for a position within KWAP;
- to develop and store a list of possible potential candidates to fill in a future post or position within KWAP;
- to conduct pre-employment checks including reference, background and/or health checks;
- for contact and communications purposes, including for emergencies;
- for human resource management and operations;
- for administrative and operational purposes;
- for security and temporary access within KWAP (if relevant);
- for compliance with KWAP’s internal policies;
- for management reporting and to comply with legislative and statutory requirements;
- to report and investigate complaints and prevent suspicious transactions, prohibited activities and other illegal activities including but not limited to fraud, bribery and money laundering;
- for general administrative and management purposes; and/or
- for any other purpose that is incidental, ancillary or in furtherance to the above purposes.
The information you provide is necessary to us. Unless otherwise stated, all information requested by KWAP is obligatory. If you do not provide all the information as requested and/or do not allow us to process the information accordingly, or if you prohibit us from obtaining the information required by us from the public domain and third parties mentioned above, we will not be able to keep your complete record of information, thus affecting our ability to accomplish the above stated purposes.
When providing us with the information, you represent that such information is accurate, complete, up to date and true. Where you provide personal data of another person, such as those of your dependants, family members or referees, you acknowledge and warrant that you have obtained their consent for us to process their personal data.
For residents of the UK or EEA
When we process data that you provide to us based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. To exercise your rights, please contact us using the contact details below.
5. Retention of data
KWAP stores data until it is no longer necessary to fulfil the purposes for which it was collected. This is a case-by-case determination that depends on things such as the nature of the data, why it was collected and processed and relevant legal or operational retention needs.
In some circumstances, KWAP may anonymise your information or aggregate it with other information so that it can no longer be associated with you, in which case KWAP may use the information without further notice to you.
6. Sensitive information
By signifying your consent to us in writing, you give us your explicit consent to process your sensitive personal data such as your mental or physical health and condition, religious beliefs and/or misconducts (civil or criminal, if any) for the purposes described above or as required by law.
We may also obtain your sensitive personal information from other parties when it is allowed by law.
For residents of the UK or EEA
- You can choose to provide sensitive information to us about your race or ethnicity, religious or philosophical beliefs, trade union membership, sexual orientation, political opinions, your health, and/or criminal convictions, allegations, proceedings and offenses which relate to you (“Sensitive Information”). This is subject to special protection under EEA and UK law. Where KWAP collects, uses and shares your Sensitive Information in cases where UK / EEA data protection laws apply, it relies upon one or more of the following legal bases:
- with your consent, which you may revoke at any time;
- where KWAP needs to carry out our legal obligations or exercise rights in relation to your employment with us. This is our appropriate policy document explaining safeguards which we are required by law to maintain when processing such data and this processing is justified on the basis of paragraph 1 (Employment, social security and social protection) of Schedule 1 to the UK Data Protection Act 2018;
- where it is needed due to substantial public interest, such as for ensuring equal opportunities or in relation to our occupational pension scheme or preventing or detecting an unlawful act. This is our appropriate policy document explaining safeguards which we are required by law to maintain when processing such data and this processing is justified on the basis of paragraphs 8 (Equal opportunity of treatment), 9 (Racial and ethnic diversity at senior levels of organisations) and/or 10 (Preventing or detecting unlawful acts) of Schedule 1 to the UK Data Protection Act 2018;
- to establish, exercise or defend legal claims; or
- where the information has already been made public by you.
- Our procedures to protect your Sensitive InformationWe have put in place procedures to ensure that we:
- check the accuracy of Sensitive Information we collect and correct it where necessary;
- minimise the amount of Sensitive Information we collect; and
- periodically review any Sensitive Information we have obtained so that any such information can be deleted when it is no longer required.
- KWAP’s obligations as an employer KWAP will use your Sensitive Information in the following ways:
- we will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws;
- we will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits; and
- we will use information about your national origin, for equal opportunity monitoring and reporting.
7. Disclosure of information
KWAP may disclose your personal data to the following parties (including those within and outside of Malaysia) for purposes stated in this Notice:
- your agents and advisors (including but not limited to accountants, auditors, lawyers, financial advisers or other professional advisers) and any other person notified by and authorised by you;
- any person, who is under a duty of confidentiality and/or who has undertaken the responsibility to keep such data confidential;
- third parties appointed by KWAP to provide services to KWAP or on our behalf (including KWAP’s agents, professional advisors, and other such service providers);
- KWAP’s related companies, associated corporations, affiliates and strategic partners;
- potential or actual purchasers, successors-in-title of the business or shares (wholly or in part) of any of KWAP’s subsidiaries, related corporations, jointly controlled entities and affiliates (including their advisers and representatives) as a result of a potential, proposed or actual sale of business, disposal, acquisition, merger or re-organisation; and/or
- other parties, in respect of whom you have consented to the disclosure of your personal data or where disclosure is otherwise required in order to comply with a legal or regulatory obligation.
Save and except for the above, we will not disclose your personal data to any other third parties without your consent. However, we may disclose your personal data in good faith, if such action is necessary to comply with government or law enforcement agency (including those overseas) requirements, court orders or legal processes, or if required by law.
For residents of the UK or EEA
To ensure that your information receives an adequate level of protection when we transfer data to any country which is not the subject of an adequacy decision, KWAP has or will put in place appropriate measures, including standard contractual clauses. If you require further information about this, please contact us using the contact details below.
8. Reference checks
If you have provided us with information of your referees or previous employers, please note that by signifying your consent to this Notice, you are consenting to us contacting your referees or previous employers, in order for us to make any necessary enquiries regarding your background and/or character.
9. Automated Decision Making
For residents of the UK or EEA
KWAP does not envisage that any decisions will be taken about you by KWAP using automated means, but will notify you by posting an updated version of this Notice if this position changes.
10. Right to Complain
For residents of the UK or EEA
UK and EEA data subjects have the right to make a complaint to their national supervisory authority for data protection issues where KWAP is acting as a data controller under UK or EEA data protection laws.
For UK data subjects, this is the UK Information Commissioner’s Office.
11. Access, corrections and complaints
If you would like to make any inquiries or complaints or requests to access, correct or limit our processing of your personal data, you may contact our Data Protection Manager as follows:
Tel. : +603-21748095
Email : idpm@kwap.gov.my
We will address your concerns as soon as practicable upon receipt of your request. Please note that any request for access or correction of personal data may subject to a fee and will be subject to the prevailing data protection laws in Malaysia.
For residents of the UK or EEA
KWAP may collect, use and share your information on one or more of the following legal bases:
- If you are a resident of the UK or EEA you have the right to:
- Request access to your personal information (commonly known as a data subject access request). This enables you to request a copy of the personal information that KWAP holds about you and to check that it is lawfully processed;
- Request correction of your personal information;
- Request erasure of your personal information. This enables you to ask KWAP to delete or remove personal information where there is no good reason for KWAP to continue to process it;
- Object to processing of your personal information where KWAP is relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground;
- Request the restriction of processing of your personal information. This enables you to ask KWAP to suspend the processing of personal information about you, for example if you want to establish its accuracy or the reason for processing it;
- Request the transfer of your personal information to another party (in some circumstances, for example if we process your personal data as a result of your consent under UK or EEA data protection laws, or to fulfil a contract with it); and/or
- Withdraw your consent to the processing of your personal information at any time where we process personal data on the basis of your consent, without affecting the lawfulness of processing based on consent before its withdrawal.
- (a) If you would like to make any inquiries or complaints, or to exercise your rights under UK or EU data protection laws, you may contact our Data Protection Manager as follows:
Tel. : +44 20 3595 1250
Email : privacy@primaekuiti.co.uk
12. Data Controllers
For residents of the UK or EEA
Under UK and EEA data protection laws, a data controller is responsible for deciding how it holds and uses information about you. For residents of the EEA or UK, KWAP, PEUK, KWAP’s respective wholly owned subsidiaries and/or KWAP’s special purpose entities will be a data controller, depending on the relevant processing, and two or more of them may be joint data controllers, when relevant.
If information is collected directly by PEUK (or KWAP’s wholly-owned subsidiary or special purpose entity), they may be acting as a processor of KWAP. However, in some circumstances, for example where PEUK (or KWAP’s wholly-owned subsidiary or special purpose entity) has a direct relationship with vendors, they may act as a data controller.
Kumpulan Wang Persaraan (Diperbadankan)
Level 36, Integra Tower
The Intermark
348, Jalan Tun Razak,
50400 Kuala Lumpur, Malaysia
General No: +603-21748000
Prima Ekuiti (UK) Limited
Prima Ekuiti,
Suite 2, 9th Floor,
Berkeley Square House,
Berkeley Square, London, W1J 6DD
General No: +44 20 3595 1250
For any inquiries, please contact our Data Protection Manager whose contact details are set out under Section 11 above.
In the event of any inconsistencies between the English version and the Bahasa Malaysia version of this Notice, the English version shall prevail.
Please note that any variation to this Notice shall be communicated to you through suitable modes of communication.
