Personal Data Protection Policy
This Personal Data Policy and Notice (“Notice”) describes how Enfiniti Escapes (M) Sdn Bhd (a company incorporated under the laws of Malaysia with its place of business at No. 28-2 Jalan PJU 5/20D, The Encorp Strand, 47810 Petaling Jaya, Selangor including its subsidiaries, associated companies, affiliates, successors, assigns, and licensees (“ENFINITI”) is committed in using and safeguarding the privacy of your Personal Data in compliance with the Personal Data Protection Act 2010 (“PDPA”). This Notice is formulated with the purpose to explain to you how ENFINITI uses your Personal Data and is to be read together with other privacy policies and such terms and conditions of use as may be prescribed by ENFINITI from time to time, and any other agreements you may have with ENFINITI (if any).
In the event of any conflict between the English and other language versions, the English version shall prevail. ENFINITI shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on the Website. By continuing to communicate with ENFINITI or by continuing to engage ENFINITI for services or use ENFINITI’s services or by continuing to provide Personal Data (whether in person, by e-mail, telephone conversation, facsimile transmission, letter, or otherwise) following the modifications, updates or amendments to this Notice, you shall be deemed to have agreed to and accepted such modifications, updates or amendments.
For the purposes of this Notice:
“Personal Data” means all information and expressions of opinions that is directly or indirectly relating to a person, who is identified or identifiable from that information or expressions of opinions, including but without limitation, information and expressions of opinions in respect to physical or mental health, racial or ethnic origin, religious or similar beliefs and/or in respect of criminal or civil proceedings.
Examples of Personal Data that may be processed by ENFINITI includes but are not limited to your personal details either from you or someone else whom you are making a booking for, including but not limited to your name, address, telephone number, NRIC/Passport No., email address, employment details, personal preferences, IP addresses, social media details, content preferences, financial information (including bank account information, credit card details, and deposit amount), any booking made by you or someone else or other third party authorized by you (either directly or via any communication method including writing, electronically or verbally requesting ENFINITI to provide services, accommodation, or information), any messages, comments or feedback that you submit either personally to ENFINITI, email or via the Website, photographs and images, recordings, guest stay information, including date of arrival and departure, billing instructions and any information necessary to fulfil special requests (for example, leisure, travel and guest preferences) and any information and/or expressions of opinions which may identify you that has been or may be collected, stored, used and processed by ENFINITI or ENFINITI’s employees, stakeholders, associated companies, subsidiaries, affiliates, related corporations, agents, independent contractors and other third parties that ENFINITI is associated with from time to time, and any other information which may identify you which you have provided to ENFINITI and/or are incidental from such Personal Data.
“Process”, “Processed” or “Processing” all means the collection, usage, recording, storing, retention, disclosure, and other operation or set of operations relating to Personal Data as described in the PDPA.
By engaging ENFINITI to provide services or by interacting with ENFINITI either at our place of business, accommodation facilities, premises owned and/or occupied by us, events, activities (interactive or otherwise), exhibitions, seminars, shows, productions, demonstrations, performances or otherwise, or by using ENFINITI’s website at www.tiarasaescapes.com (“Website”), or by using any of ENFINITI’s facilities, you consent to the processing of your Personal Data by ENFINITI and all persons involved in the provision of services by ENFINITI.
In addition to the Personal Data you provide to ENFINITI directly (i.e. during your communications with ENFINITI and/or when you engage ENFINITI to provide services or otherwise), ENFINITI may also collect your Personal Data from a variety of sources, including without limitation:-
- from the visitation of or entry at our place of business, accommodation facilities, premises owned and/or occupied by us, events, activities (interactive or otherwise), exhibitions, seminars, shows, productions, demonstrations, performances or otherwise; and/or
- from the use of ENFINITI’s facilities; and/or
- registration or attendance at any event or otherwise organised or sponsored by ENFINITI, whether solely or in association/partnership with any third parties; and/or
- persons that you have appointed and authorised ENFINITI to communicate with such as representatives or liaison, and emergency contacts; and/or
- from the regulatory and governmental authorities; and/or
- information that is publicly available such as, but not limited to online search tools like Google, Twitter and LinkedIn; and/or
- from such other sources which you have given your consent and authorisation; and/or (h) from the cookies used on the Website and/or from ENFINITI’s Facebook page.
The provision of your Personal Data is voluntary. However, if you do not provide your Personal Data, ENFINITI may not be able to (i) communicate with you; (ii) provide you the services you require or (ii) access certain sections of the Website.
However, if you do not provide your Personal Data, where essential, or disable cookies, ENFINITI may not be able to: (a) communicate with you; (b) provide to you the services that you may require; or (c) enable all features in the Website to function (for example, but not limited to, enable flash videos to be played, ensure you need not input content, language and region preferences each time you visit or browse the Website).
When you visit the Website, ENFINITI may record certain information in relation to your visit such as:
- your IP or proxy server IP address;
- basic domain information;
- your internet service provider;
- the date and time of your visit to the Website;
- the length of your session;
- the pages which you have accessed;
- the number of times you access the Website within any month;
- the size of the files you look at;
- the website which referred you to the Website; and (j) the operating system which your computer uses.
Various pages on the Website also invite you to provide us with your name and contact details, for example, to be added to our mailing list for our newsletter or to enter competitions.
We also collect information from people who use the Website, to send news, information about our activities and general promotional material which we believe may be useful to you or us; to monitor who is accessing the Website and to profile the type of people accessing the Website.
Please note that children under the age of 18 years old (“Minor”) shall be accompanied by the relevant parents, legal guardians and/or representatives when visiting or browsing the Website and/or when using the services that are available on the Website and/or visiting premises owned and/or occupied by us and/or accommodation facilities and/or when using any of ENFINITI’s facilities and/or when attending any of ENFINITI’s events, activities (interactive or otherwise), exhibitions, seminars, shows, productions, demonstrations, performances or otherwise. Where the relevant parents, legal guardians and/or representatives have authorised a Minor(s) to visit or browse the Website and/or use any of the services available in the same and/or visit premises owned and/or occupied by us and/or accommodation facilities and/or to use any of ENFINITI’s facilities and/or when attending any of ENFINITI’s events, activities (interactive or otherwise), exhibitions, seminars, shows, productions, demonstrations, performances or otherwise, the relevant parents, legal guardians and/or representatives shall be fully responsible for: (a) the conduct of such Minor(s), (b) the controlling of the Minor(s)’ access to and use of the Website and the services contained therein and/or the premises owned and/or occupied by us and/or accommodation facilities and/or the use of any of ENFINITI’s facilities and/or when attending any of ENFINITI’s events, activities (interactive or otherwise), exhibitions, seminars, shows, productions, demonstrations, performances or otherwise, and (c) the consequences of any misuse by the Minor(s), including but not limited to transactions entered into by the Minor(s) from such access and use.
ENFINITI may use and process your Personal Data for the purposes relating to the services you have requested and for the business activities of ENFINITI which shall include, without limitation:-
- to process and/or confirm accommodation arrangements and/or restaurant and/or banquet reservations;
- provide and charge for accommodation facilities and other goods and services purchases;
- fulfilling contractual obligations to you, and any person or entity involved in the process of making your travel arrangements (e.g. travel agents, credit card companies, airline operators and other loyalty programs);
- to provide privileges, benefits and services to you;
- to communicate with you and/or such other persons as may be required for the purpose and purposes connected thereto;
- to contact the persons you have provided Personal Data of, such as representatives or liaison and/or emergency contacts;
- to provide services offered by ENFINITI as desired by you;
- to respond to questions, comments and complaints and to generally resolve disputes, if any;
- to offer you current and future opportunities, news, updates and promotions in the media industry;
- to conduct market research and analysis, customer satisfaction and quality assurance surveys;
- for direct marketing through voice calls, text messages, email, direct mail, facsimile messages and other forms of in-app advertisements all in connection with opportunities and updates from ENFINITI;
- to enable all features in the Website to fully function;
- for verification and identification purposes;
- for general administrative and record keeping purposes;
- for the purpose of conducting investigations and disciplinary proceedings;
- to provide information to regulatory and governmental authorities in order to comply with statutory and government requirements;
- for compliance with the law and such other purposes that is required or permitted by any law, regulations, guidelines, circulars, and/or relevant regulatory authorities;
- in connection with any legal proceedings or prospective legal proceedings;
- to establish, exercise or defend ENFINITI’s legal rights,
and you agree and consent to ENFINITI using and Processing your Personal Data in the manner as identified in this Notice.
ENFINITI may also use and process your data for other purposes such as:-
- to send you materials such as newsletters, articles, write-ups as well as other updates;
- for the purposes of disaster recovery; and
- to distribute information or details of events, fairs, seminars, conferences and talks which may of interest to you,
by way of email or physical mail which includes, but is not limited to, registered post and postcards.
Please rest assured that ENFINITI will ask for your consent before Processing your Personal Data for purposes other than those that are set out in this Notice, the applicable laws, and the terms in your agreements with ENFINITI, if any.
If you do not consent to ENFINITI processing your Personal Data for the purposes listed above, please notify ENFINITI using the contact details stated below.
As ENFINITI’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and Processed in a jurisdiction other than Malaysia. Further, your Personal Data may be transferred out of Malaysia for the purposes as described above. You understand and consent to the transfer of your Personal Data out of Malaysia as described in this Notice.
ENFINITI may engage other companies, service providers or individuals to perform functions on ENFINITI’s behalf, and consequently may provide access or disclose to your Personal Data to the third parties such as those listed below (not exhaustive):
- other business partners, industry associations, service providers, professional advisers or individuals to perform ENFINITI’s functions on its behalf, including, but not limited to ENFINITI’s agents, contractors, sub-contractors, consultants and service providers that provide advisory, accounting, auditing, financial services (including banks), legal services, information technology, data entry, storage facility, security and/or insurance services;
- regulatory and governmental authorities in order to comply with statutory and government requirements;
- specified parties that ENFINITI were ordered or directed to disclose pursuant to an order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction over ENFINITI; and
- other third parties authorised by yourself.
This Notice only applies to the Processing of Personal Data by ENFINITI for the purposes specified in this Notice. It does not cover (a) the Processing of Personal Data conducted by ENFINITI for any other purposes not specified in this Notice, (b) the privacy policies and conduct of any third parties, even if such third parties are related to ENFINITI, and (c) third party websites to which ENFINITI provide links, even if such websites are co-branded with ENFINITI’s logo.
ENFINITI does not share your Personal Data with third party websites. ENFINITI is not responsible for the privacy practices and conduct of these third party websites or such other sites which you may have been linked or directed to via the Website. You should read the privacy policies of such third party websites before disclosure of any Personal Data to these third party websites.
ENFINITI does not share nor not sell your personal information to any third party without your consent and authorisation, but we shall not be responsible or held liable for the actions of third parties that you may have been directed to and/or provided Personal Data to. You should read the privacy policies of such third parties before disclosing your Personal Data to such third parties.
The provision of your Personal Data is voluntary. Subject to any exceptions under applicable laws, you may at any time hereafter request for (a) access to your Personal Data, (b) correction of your Personal Data, (c) to limit the Processing of your Personal Data, (d) withdraw your consent to the Processing of your Personal Data, and (e) seek further information by contacting the following:-
No. 28-2 Jalan PJU 5/20D, The Encorp Strand,
Kota Damansara PJU 5, 47810 Petaling Jaya, Selangor
Telephone No.: +603 6142 9877
Facsimile No.: +603 6142 7978
In respect of your right to access and/or correct your Personal Data, ENFINITI has the right to refuse the your requests to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your privacy and/or when ENFINITI is unable to confirm your identity or the accuracy of the corrected Personal Data provided.
ENFINITI has put in place measures to ensure that Personal Data is stored and handled in such a way to prevent any unauthorized disclosure.
ENFINITI will only retain Personal Data as long as it is necessary to achieve the purposes specified in this Notice and subject always to the applicable laws including the PDPA, the terms and conditions specified in your agreements with ENFINITI (if any) for the duration of your relationship with ENFINITI, and for such period as may be necessary to protect the interests of ENFINITI.
You represent and warrant that all Personal Data provided to ENFINITI is true, complete and accurate. In the event you are providing the Personal Data of third parties (such as representatives or liaison, emergency contacts, or otherwise) to ENFINITI, you further represent and warrant that (a) all necessary consent and authorisation from the third parties are procured, (b) you shall continuously maintain such consent and authorisation, and (c) that you have showed this Notice to such third parties.
You shall immediately inform ENFINITI of any changes to the Personal Data which you have provided to ENFINITI to such extent necessary in order to enable ENFINITI to remain in compliance with the applicable law including the PDPA. ENFINITI will use reasonable efforts but shall not be obligated to procure updates from you on a regular periodic basis.
For the avoidance of doubt, you agree that ENFINITI shall not be liable for any costs, damages, fines, losses, liabilities and/or penalties that you and/or third parties (including but not limited to an individual or competent authority) have incurred or suffered as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed this
Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation.
You further agree to indemnify and hold ENFINITI harmless against any actions, claims and/or demands brought against ENFINITI by any third parties (including but not limited to an individual or competent authority) and any costs, damages, fines, losses, liabilities and/or penalties (including but not limited to legal costs) which ENFINITI may incur or suffer, as a result, whether directly or indirectly, from the breach of any terms, conditions, representations, warranties, and/or obligations detailed in this Notice by yourself and/or by anyone acting on your behalf, instructions, and/or of such confirmation, particularly where ENFINITI was provided with false, incomplete or inaccurate Personal Data, failure to update ENFINITI of any changes to Personal Data, and/or the necessary consent and authorisation was not obtained or maintained from relevant third parties.
Notwithstanding anything contained herein, the liability of ENFINITI (if any) shall be limited to the fullest extent permitted by the applicable law. In no event shall ENFINITI be liable for any consequential, incidental, indirect, punitive or special damages, or loss of profits, loss of anticipated profits, data, business or goodwill, regardless of whether such liability (if any) is based on breach of contract, tort, strict liability, or otherwise, and even if ENFINITI has been informed or advised of the possibility thereof.
ENFINITI uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data and will not knowingly allow access to this data to anyone outside ENFINITI, other than to you or as described in this Policy. However, ENFINITI cannot ensure or warrant the security of any information you transmit to ENFINITI and you do so entirely at your own risk. In particular ENFINITI does not warrant that such information may not be accessed, altered, collected, copied, destroyed, disposed of, disclosed or modified by breach of any of ENFINITI’s physical, technical, or managerial safeguards.
Our Website does not target and is not intended to attract Minors. We do not knowingly solicit personal information from Minors or send them requests for Personal Data.
This Policy is governed by and shall be construed in accordance with the laws of Malaysia. You hereby submit to the non-exclusive jurisdiction of the Malaysian courts.