MAXIS PRIVACY STATEMENT - IMPORTANT NOTICE

Your privacy is important to Maxis. Please read this Privacy Statement carefully as it forms part of the terms and conditions of use of any Maxis or Hotlink Products or Services which you acquire from any company in the Maxis Group.

This Privacy Statement explains:

  1. the type of personal information about you which is processed by Maxis when you acquire and/or use any Products or Services from Maxis;
  2. where or how Maxis obtains this personal information (where available);
  3. the purposes for which Maxis collects and uses your personal information;
  4. the classes of third parties to whom Maxis may disclose your personal information; and
  5. whether it is voluntary or obligatory to supply your personal information and the consequences of failing to supply your personal information when it is obligatory.

Registering for and continuing to use the Products and Services, indicates your consent to your personal information being:

  1. processed by Maxis for the purposes set out in this Privacy Statement; and
  2. disclosed by Maxis to those classes of third parties identified in this Privacy Statement

Maxis may make modifications to this Privacy Statement from time to time. If we modify the Privacy Statement we will post notice of the change on the Maxis Sites and if the modification adversely affects your rights in any material way, we will also send a copy of the revised Privacy Statement directly to you, by email, SMS or direct mail, in accordance with your current contact preference. By continuing to use the Products and Service after being notified of any changes to this Privacy Statement you will be treated as having agreed to and accepted those changes. If you do not agree to any such changes, you may terminate your relevant Product or Service agreement with Maxis.

In this Privacy Statement:

"Maxis", "Our", "Us" and "We", refers to the Maxis Group and any company making up the Maxis Group.

"Maxis Group" means Maxis Berhad and any holding, related, or subsidiary companies (as defined in the Companies Act 1965) of Maxis Berhad.

"Maxis Sites" means the Maxis and Hotlink websites and WAP Portal and any other sites or portals owned or operated by Maxis.

"personal information" means any information in the possession or control of Maxis that relates directly or indirectly to you (or any other individual) to the extent that you (or the other individual) is identified or identifiable from that information or from that and other information in the possession of Maxis.

"processing", includes just about anything that Maxis may do with personal information including collecting, recording, holding, storing, using or disclosing it.

"Products and Services" means any products or services offered by Maxis (including those offered under the “Hotlink” brand name).

1. TYPES OF PERSONAL INFORMATION MAXIS COLLECTS ABOUT YOU

1.1 During the Registration Process

Each time you register with Maxis for a Product or Service, you will be asked to provide certain personal information about yourself. The type of details collected during the registration process include (but are not limited to) your name, date of birth, gender, nationality and race, preferred language, current and previous private and/or business address, installation address, telephone or mobile phone number, fax number, email address and particulars of identity documents (including NRIC or passport number). In some instances Maxis may also collect from you, your credit card number or bank account details.

Whenever the personal information requested by Maxis is marked as mandatory, you must provide and agree to the processing of this personal information by us. If you do not agree to provide this personal information nor agree to us processing it in the manner set out in this Privacy Statement, then Maxis will be unable to provide the relevant Product or Service to you and your application for that Product or Service will be rejected.

1.2 From your use of the Services and Products which you have acquired from Maxis

Mandatory Personal information:

In addition to your personal information collected during the registration process, Maxis also processes personal information about:

  1. the Products and Services you have acquired from us or subscribed to (including their status);
  2. how you use 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 (including any Maxis Sites you visit), access to content, uploads and downloads (including the amount of data consumed), your IP address and your PC location (if you have a broadband service);
  3. the quality of the Service you have received from us (in terms of network reception and data quality);
  4. your mobile phone location (although Maxis can determine your location based on the location of your mobile phone when it is switched on, we only use this information to determine the closest Maxis network connection point to your mobile phone to enable you to connect to our network to make calls or access the mobile internet);
  5. your billing and payment status and records;
  6. your personal interests and preferences (by looking at the types of Products and Services you acquire and how you use them);
  7. the equipment which you use when accessing our Products and Services (such as your mobile handset, your computer system and platform); and
  8. your image, by way of video surveillance logs installed in some of our centers as part of our security infrastructure.

This personal information is collected automatically and you are not given the chance to refuse to provide or prohibit us from processing, this type of personal information. If you wish to stop Maxis from processing this type of personal information about you, we will no longer be able to provide the relevant Product or Service to you.

Voluntary personal information:

If you choose to subscribe to certain Products or Services, we will also process your personal information in order to provide those Products or Services if such processing is inherent to the Products or Service you are acquiring. For example:

  • if you choose to subscribe to a location based Service such as Friend Finder or Finder 301, we will disclose the location of your mobile phone but only for the purpose of providing that Service to you;
  • If you choose to subscribe to a service where Maxis backs up / stores your emails, SMS or MMS messages, then Maxis will have access to those communications including their contents (which would form part of your personal information) for the purpose of providing that back up service. We will only process such contents for the purpose of providing the back up / storage service to you and shall not use them for any other reason and shall adequately safeguard the content to keep it private.

Subscribing for such Services is voluntary and you can unsubscribe from them at any time if you decide you no longer wish to share this type of personal information or have Maxis otherwise process it. If you do not wish for Maxis to process such information, you should not subscribe for such services.

1.3 When you visit any Maxis Site

When you visit any Maxis Sites our web servers automatically collect information about your visit to these sites, including your IP address, the time, date and duration of your visit. Your IP address is a unique identifier for your computer or other access device.

Maxis may track your visits to any Maxis Site by placing a "cookie" on your computer’s hard drive or mobile phone when you enter. Cookies are pieces of information that websites transfer to the hard driver of your computer or mobile phone for record-keeping purposes. We use cookies to make visiting our sites and our partner sites easier. Cookies allow Maxis to save preferences for you so that you will not have to re-enter them the next time you visit. Cookies also help Maxis collect anonymous click stream data for tracking user trends and patterns. Maxis may use the anonymous click stream data to help our advertisers deliver better-targeted advertisements to Maxis Sites. In addition, third party advertising networks may issue cookies to your computer hard drive or mobile phone when serving advertisements.

The use of cookies is now an industry standard, and you will find them used on most major websites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that areas of certain sites will not function properly if you set your browser to not accept cookies.

1.4 Through your communications with Maxis or through Postings you make on a Maxis Site

Maxis also collects your personal information through direct communications Maxis has with you (including by MMS, SMS, emails and phone conversations) and when you respond to requests from Maxis (such as contests, questionnaires or surveys). This might include any personal information about yourself which you provide to us, including information about your personal interests and preferences. If you post your views or opinions in any bulletin boards on a Maxis Site, Maxis may also collect and use this personal information.

This personal information will only be collected with your knowledge and consent as it is your choice whether or not you respond to or initiate such communications with Maxis or whether you post something on a bulletin board on a Maxis Site. We may monitor and record our communications with you (although we will always inform you if your call with us is being recorded). It is voluntary to provide this additional information or to have your call recorded. However, if you do not agree to this information being collected and used by Maxis then you should not provide or post it, which in turn means that you may not be able to participate in or receive the full benefit of such communications, contests, questionnaires or surveys.

1.5 From Other Sources

Maxis also collects your personal information from other sources such as:

  1. credit reference agencies
  2. fraud prevention agencies
  3. publicly available sources of information

2. PURPOSES OF ACQUIRING AND PROCESSING YOUR PERSONAL INFORMATION

The purposes for which Maxis processes your personal information are as follows:

  1. to verify your identity;
  2. to assess and/or verify credit worthiness;
  3. to detect and prevent fraudulent activity;
  4. to manage Maxis' networks;
  5. to process your order for Products and Services which you have requested;
  6. to provide the Products and Services which you have requested;
  7. to administer and manage the Products and Services we provide you (including charging, billing, facilitating payments and collecting debts);
  8. 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;
  9. to contact you should we need to regarding the Products and Services you have acquired;
  10. to manage staff training and quality assurance;
  11. to help Maxis monitor and improve the performance of our network, our Products and Services, our customer relations teams and service providers and the Maxis Sites and to make these more efficient.
  12. to maintain and develop our business systems and infrastructure, including testing and upgrading of these systems;
  13. to gain an understanding of your information and communication needs in order for Maxis to enhance and personalize the Products and Services that we offer you;
  14. to 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;
  15. to assist us in understanding the browsing preferences of users such as yourself on the Maxis Sites so that we can tailor content according to individual preferences.

You are not able to limit the processing of your personal information for the above purposes. If you do not consent to Maxis processing your personal information for the above purposes, then you must terminate your relevant agreement for Products and Services

In addition, we may also use your personal information for the following purposes:

  1. to promote and market to you (including without limitation by way of direct mail, bill inserts, telemarketing, email, MMS and SMS):
    1. other Maxis Products and Services and special offers; and
    2. products, services and special offers of third parties whose products and services we think may be of interest to you (please note that we will never give your personal information to these third parties for the purpose of them promoting and marketing their products and services to you directly); and
  2. to send you seasonal greetings messages or public service announcements either on our own behalf or on behalf of other people or entities in whom we think you may be interested.

3. TO WHOM YOUR PERSONAL INFORMATION IS DISCLOSED

Sometimes Maxis needs to disclose your personal information to third parties outside Maxis. This is in order for us to effectively manage our business including to deliver the Products and Services to you and to achieve the purposes described above. The following are the classes of third parties to whom Maxis may disclose your personal information:

  1. to third parties contracted by Maxis to assist us in delivering all or part of our Products and Services to you, including without limitation companies contracted to provide to Maxis:
    1. customer enquiry and other customer related services (including telemarketing);
    2. data processing services
    3. installation services
    4. maintenance and repair services
    5. information technology services
    6. media and marketing services (including advertising)
    7. market research and website usage analysis services
    8. content and product (only when you have requested their content/product)
    9. billing and debt recovery functions

    Whenever we provide any personal information to these classes of third parties we take reasonable steps to ensure that these organizations are contractually bound not to use your personal information for any reason other than to provide the service they are contracted by us to provide and to adequately safeguard your personal information.
  2. to Maxis' shareholders and between the companies which make up the Maxis Group and to affiliated companies 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 Maxis Group;
  3. to strategic partners that work with Maxis to provide Maxis Products and Services or that help market Maxis' Products and Services (such as our network of dealers);
  4. to other telecommunication and information service providers when you have made calls over or otherwise used their networks, for billing and service resolution purposes;
  5. to Maxis' agents or contractors (including debt collection agencies) for the purposes of recovering any amount due to Maxis from you;
  6. 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 Maxis in connection with the Products or Services you have acquired;
  7. 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;
  8. 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;
  9. to any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceedings;
  10. to Maxis' professional advisors on a need to know basis for the purpose of those advisors providing advice to us;
  11. to any third party which acquires all or part of the assets or business of Maxis (including accounts and trade receivables) for the purpose of that third party continuing to provide all or that part of the business of Maxis’ which it acquired (including any relevant Services or Products);
  12. otherwise as permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010; and
  13. to parties nominated or appointed by Maxis either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where we have a legitimate common interest.

4. YOUR OBLIGATIONS REGARDING YOUR PERSONAL INFORMATION

4.1 Your Obligations

You are responsible for providing accurate and complete information to us about yourself and any other person whose personal information you provide us and for updating this personal information as and when it becomes incorrect or out of date by contacting Maxis. It is a condition of us providing the Products and Services to you that you promise to do this.

In some instances you may need to provide to Maxis personal information about someone other than yourself (for example about your spouse or children if you are acquiring and are responsible for a service that they will use). If so, we rely on you to inform these individuals that you are providing their personal information to us, to make sure they consent to you giving us their information and to advise them about where they can find a copy of this Privacy Statement (on our website at www.maxis.com.my).

5. TRANSFER OF YOUR PERSONAL INFORMATION OUTSIDE MALAYSIA

It may be necessary for Maxis to transfer your personal information outside Malaysia if any of Maxis’ service providers or strategic partners ('overseas entities') involved in providing part of a Maxis Product or Service are located in countries outside Malaysia or if you use the Product or Service from a country other than Malaysia (for example, international roaming). You hereby consent to Maxis transferring your personal information outside Malaysia in these instances. Maxis will take reasonable steps to ensure that any such overseas entities are contractually bound not to use your personal information for any reason other than to provide the Product or Service they are contracted by us to provide and to adequately safeguard your personal information

6. LINKED SITES AND THIRD PARTIES

Please be aware that when you use the Maxis Sites they may contain links to third party sites. We will always try to make it clear when you are leaving the Maxis Sites. Because Maxis is not responsible for such third party sites any personal information made available by you on such sites will not have the benefit of this Privacy Statement and will be subject to the relevant third party’s privacy policy (if they have such a policy).

Likewise, if you subscribe to an application, content or a product from a Maxis strategic partner and you subsequently provide your personal data directly to that third party, that personal data will be subject to that third party' privacy policy (if they have such a policy) and not to Maxis' Privacy Statement.

Before disclosing any personal information on such third party sites or to such third parties you should check that site's privacy policy carefully.