TUNE TALK SDN.BHD. (“Tune Talk”) takes your right to privacy seriously and commits to protecting your personally identifiable information (“personal data”) and we process personal data in accordance with the Personal Data Protection Act 2010 (“PDPA”) and the laws of Malaysia. Please read this Privacy Notice to understand how we process the personal data we may collect from you. By visiting or viewing our website, applications or social media sites, using or subscribing to any of our products or services or when you provide your personal data to us, you are agreeing to the provisions of this Privacy Notice and the processing of your personal data as described in this Privacy Notice.
This Privacy Notice is applicable if you are a customer of Tune Talk or if you are not one of our customers but you interact with us as part of our business including taking part in any of our programs, using, subscribing or purchasing any of our products or services, whether for free or paid for by you or a third party, taking part in a survey or trial, entering a prize promotion, calling our helpdesk, or generally enquiring about our products and/or services.
- Purposes and legal basis for processing of personal data
As a licensed Public Telecommunication Service Provider under the Communications and Multimedia Act 1998 (“CMA 98”), Tune Talk may need to process your personal data to perform our statutory obligations under CMA 98 and other laws as well as for other related purposes including but not limited to:
- engagement with the public, customers and stakeholders;
- ensuring security of our premises and systems;
- ensuring the safety and well-being of our employees and visitors; and
- audit purposes.
The legal basis we rely on for processing of your personal data may be:
- your consent;
- compliance with Tune Talk’s legal obligations;
- protection of your vital interests as well as the vital interests other individuals;
- Tune Talk’s performance of statutory duties; or
- Tune Talk’s legitimate interests.
- Types of Personal Data collected and processed by Tune Talk
The types of personal data which Tune Talk may need to process include but are not limited to:
- 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, questions and/or data to facilitate security measures we have for your account;
- your credit and/or debit card information, bank account details and your payment history;
- your mobile device location (to determine the closest Tune Talk 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 services (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 (such as your mobile and/or fixed devices, your computer system) and/or software you use when accessing our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services;
- your personal interests and preferences to help us tailor offerings of our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services which would suit you best;
- clickstream data when you visit any apps, social media platforms or websites;
- recording of your image via CCTV cameras when you visit our offices, authorised outlets, apps and/or websites;
- recording of calls placed by you to our help desk for our service enhancement and improvement.
Tune Talk will only collect and process personal data to the extent that such personal data is necessary for the relevant purpose.
- How Personal Data is collected by Tune Talk
Tune Talk may collect personal data directly from you where it is necessary, reasonable or practical to do so. When we collect your personal data, we will inform you how we may use or disclose your personal data unless it is apparent at the point of collection. In some cases, it may be necessary, reasonable or practical for Tune Talk to collect your personal data from other persons, with or without your knowledge or involvement as part of our statutory functions and for recruitment purposes.
We may collect your personal data when you:
- Allow our applications (Apps) to have access to your device’s contact list for the purpose of a top up and/or to enable a credit transfer feature to be feasible;
- 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 and/or our publications;
- use our network and products and/or services of Tune Talk;
- participate in any of our surveys;
- enter or participate in any competitions, 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;
- visit any of our offices, retail or service centres or other Tune Talk’ premises;
- visit or browse our websites, apps or any of our social media platforms;
- lodge a complaint with us;
- provide feedback to us (for example via our websites or in hard copy);
- (if no longer a customer of Tune Talk) where there are outstanding obligations either on your part or on Tune Talk’s part.
Other than personal data obtained from you (as detailed above), we may also obtain your personal data from third parties we deal with or are connected with you (for example, credit reference/reporting agencies or financial institutions), and from such other sources where you have given your consent for the disclosure of personal data relating to you, and/or where otherwise lawfully permitted.
If you are under the age of 18 years old, you are required to ensure that your parents or legal guardian consent on your behalf to the processing of your personal data as described in this Privacy Notice.
- Protection of personal data
Tune Talk ensures the security of your personal data by taking appropriate security measures to preserve confidentiality of your personal data.
In some instances, it is necessary for us to process sensitive or special categories of personal data such as racial or ethnic origin, biometric data and data concerning health as well as criminal data as part of our functions as described above. In such case, we will apply additional care as required by law.
- Disclosure of Personal Data to Third Parties
Efforts will be made to prevent your data being made available to third parties. However, we may share personal data with third parties if either:
- it is provided for in this Privacy Statement;
- your consent is obtained;
- a service provided requires interaction with a third party, or is provided by a third party on our behalf;
- it is pursuant to legal action or law enforcement; or
- it is to perform our statutory functions and exercise powers under the law.
Tune Talk may disclose your personal data to third parties including but not limited to:
- other parties authorised by you;
- regulatory and governmental agencies as permitted or required by law, authorised by any order of court or to meet obligations to regulatory authorities;
- third party service providers;
within and outside of Malaysia as allowed by applicable laws.
Where Tune Talk appoints a third-party service provider to process personal data on behalf of Tune Talk, Tune Talk will instruct such third-party service provider to only process such personal data for the specific purposes as required by Tune Talk.
If we disclose any of your personal data to any person, we will require such person to appropriately safeguard the personal data provided to them.
- Retention of personal data
It is Tune Talk’s policy to retain personal data for as long as it is necessary for the purpose such personal data was collected, other purposes that are not incompatible with the original purpose and as required by law. Where the personal data is no longer necessary, such personal data will be disposed unless the law requires it to be archived in the public interest.
- Data Subject’s rights
Under certain circumstances, you may have the right under the law to:
- withdraw your consent to the processing of your personal data if we rely on your consent as the legal basis to process personal data;
- request for confirmation whether your personal data is being processed by Tune Talk, a copy of your personal data which Tune Talk holds and information on Tune Talk’s processing of such personal data;
- request Tune Talk to correct or complete your personal data held by Tune Talk if it is incorrect, out of date, incomplete or misleading;
- request for erasure of your personal data from Tune Talk’s systems and records;
- request Tune Talk to suspend processing of your personal data;
- request Tune Talk to provide you with your personal data in a manner that allows you to transmit such personal data to a third party or, if technically feasible, to directly transmit such personal data to a third party;
- object to Tune Talk’s processing of your personal data;
- not be subjected to a decision based solely on automated processing without human involvement where such decision may produce legal effects or significantly affect you;
- complain to the relevant data protection authority about the actions of Tune Talk that may be in contravention of any data protection law applicable to Tune Talk’s processing of your personal data.
Where the data protection law applicable to Tune Talk’s processing of your personal data does not provide for a right or set out limitations and exemptions which Tune Talk may rely on, we have the right to deny your request or allow such request at our discretion.
- Contact information
If you have any questions about this website, concerns on any aspect of this Privacy Statement, or you wish to exercise your rights in respect of your personal data, you may contact us with any enquiries or complaints via:Customer Service email@example.com or call 13100 or 03-2771 7000. Your latest written and/or verbal instructions to us will prevail.If you are a subscriber of Tune Talk, you may request for your Personal Data by contacting Regulatory and Compliance Department at firstname.lastname@example.org or PDPA@tunetalk.com
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.
TAKE NOTICE that we will not entertain any request for personal data belonging to any of our subscribers from any third party unless it is permitted by any Malaysian Laws or a valid Court Order.
- Other information
When you visit this website, details about your visit may be recorded by Tune Talk and/or our third party service, including usage of cookiesThis website may display content of, and provide links to, our advertising partners, content partners, third party social media and third party video websites. The practices on handling information and cookies by third parties are governed by the privacy statements of such other third party and you are expected to refer to their privacy statements. Tune Talk does not collect or use any information stored in cookies that may be set by any third party from their websites and such third parties do not have access to cookies set by Tune Talk’s website.We may amend this Privacy Notice from time to time and the updated version shall apply and supersede any and all previous versions, including, leaflets or hard copy versions. You are encouraged to check our website and re-visit this Privacy Notice periodically for our most up-to-date Privacy Notice (as reflected by the date of the update set out below).
Updated: 20 October 2021