A. Who We Are?
1. We are Techtronic Power Tools (M) Sdn. Bhd. (“Milwaukee Tool” or “we” or “our” or “us”). We are a limited company registered in Malaysia (Co. Reg. No. 003816-H) with our registered address at No.29, Jalan 51/225A, Zon Perindustrian PJCT, Seksyen 51A, 46100 Petaling Jaya, Selangor Darul Ehsan.
B. What Is The Purpose Of This Policy?
3. We take our responsibilities under Malaysia’s Personal Data Protection Act 2010 (the “PDPA”) seriously. We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
5. We own and/or operate website(s) such as http://www.milwaukeetool.my/ and/or any mobile apps that may be published by us (the said website and mobile apps may be collectively or individually referred to as the “Website”).
C. What Information Do We Receive/Collect?
7. “Personal data” is defined under the PDPA to mean information in respect of commercial transactions that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject. Milwaukee Tool receives or collects information about you, such as but not limited to when you provide your information to us, when you use our Website, when you interact with us, when you interact with or enter into (or attempt to enter into) a transaction with us. Personal data which we may receive or collect include but may not be limited to:
- Home address
- Contact information such as mobile number, email address
- Personal information of a third party individual to whom you wish the delivery to be made to
- Transactional information
- Your preferences
- Credit card and/or other financial related information that is used for a transaction
- Location information of yourself and/or your computer or device
We will receive or collect your personal data in accordance with the PDPA.
8. We may collect and store certain information automatically when you visit the Website. Examples include the internet protocol (IP) address used to connect your computer or device to the internet, connection information such as browser type and version, your operating system and platform, a unique reference number linked to the data you enter on our system, login details, the full URL clickstream to, through and from the Website (including date and time), cookie number and/or your activity on our Website, including the pages you visited, the searches you made.
9. We may receive information about you from third parties if you use any websites or social media platforms operated by third parties (for example, Facebook, Instagram, Twitter etc.) and, if such functionality is available, you have chosen to link your profile on our Website with your profile on those other websites or social media platforms.
11. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device.
12. You can block or deactivate cookies in your browser settings.
13. We use log-in cookies in order to remember you when you have logged in for a seamless experience.
14. We may use session cookies to track your movements from page to page and in order to store your selected inputs so you are not constantly asked for the same information.
15. Our Website may use Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the Website and ways that we can improve your experience. These cookies may track things such as how long you spend on the Website and the pages that you visit so we can continue to produce engaging content.
17. For further information on types of cookies and how they work visit www.allaboutcookies.org
E. Geo-location Services
18. Our Website and mobile or web-based applications may offer location-enabled services. We may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location. You may be asked if the geo-location service can be activated and you can also object to this geo-location service within the respective mobile or web-based application.
F. The Purposes For Which We Collect, Use Or Disclose Your Personal Data
19. Milwaukee Tool will/may collect, use, disclose and/or process your personal data for one or more of the following purposes :
(a) processing, facilitating and/or dealing with your interest in our products and/or services;
(b) considering, processing, facilitating (including carrying out risk or fraud analysis), dealing with and/or managing, your request/application for or your purchase of, intended purchase of or your subscription for, our products and/or services (the “Transaction”);
(c) dealing with, facilitating, processing and/or administering the account that you may open with us;
(d) facilitating, processing, dealing with, administering and/or managing Transaction(s) or intended Transaction(s). Without prejudice to the generality of the foregoing, this includes processing and managing your online orders and their delivery;
(e) providing products or services to you;
(f) administering, facilitating, managing, processing and/or dealing with your relationship with us, your transaction(s) with us, your being our loyalty card member or rewards member, any transactions or activities carried out by you on the Website or at our premises/establishments or with us, your requests, including but not limited to dealing with your adhoc queries, requests or bookings, dealing with your preferences, dealing with your membership needs, dealing with your delivery needs, processing orders and payment transactions, implementing transactions and the supply of products and/or services to you that you have requested. Without limiting the generality of the foregoing, should you make a transaction that includes third party individual(s) or on behalf of third party individual(s) or for third party individual(s), you consent to us disclosing personal data that identifies you, to the said third party individual(s) (such as but not limited to your name);
(g) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Website or including identifying you for login to the Website, our portals and other online services provided by us. Without limiting the generality of the foregoing, :
(i) this may include our collection and subsequent processing of your location data or data that identifies your location;
(ii) if you :
(1) gain access to or sign in to the Website, using your login credentials of a Social Networking Site, or
(2) use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Website,it may result in information or your personal data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter). By your proceeding pursuant to (1) or (2) above, you consent to such collection, use or disclosure of your personal data;
(h) monitoring, processing and/or tracking your use of the Website in order to provide you with a seamless experience, facilitating or administering your use of the Website, and/or to assist us in improving your experience in using the Website;
(i) administering, facilitating, processing and/or dealing in any transactions or activities carried out by you on the Website;
(j)providing services to you as our customer, as a member of our loyalty programme(s)/card programme(s)/rewards programme(s) or when requested by you; dealing with or administering your participation in contests, gamification, social events organized by us;
(k) carrying out and/or facilitating your instructions or responding to any enquiry given by (or purported to be given by) you or on your behalf;
(l) contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for one or more of the Purposes stated herein. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(m) understanding and/or managing your interests, concerns and preferences;
(n) the conduct of training or training purpose, so as to develop or improve our products or services and/or our staff’s and agents’ services and/or service quality. Without limiting the generality of the foregoing, such training may involve collection, use, disclosure or processing of your personal data including your feedback or comments or reviews;
(o) carrying out due diligence or other screening activities (including background checks, anti-money laundering checks, know your client checks) in accordance with legal or regulatory obligations (whether of Malaysia or other countries) applicable to us or any Milwaukee Tool Group entity, the requirements or guidelines of governmental authorities (whether of Malaysia or other countries) which we determine are applicable to us or any Milwaukee Tool Group entity, and/or our or any Milwaukee Tool Group entities’ risk management procedures that may be required by law (whether of Malaysia or other countries) or that may have been put in place by us or any Milwaukee Tool Group entities. “Milwaukee Tool Group” refers us and our affiliates, related corporations and associated companies, around the world;
(p) to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned, regardless that such prevention or investigation involves us and/or is done by us or any Milwaukee Tool Group entities; dealing with conflict of interests; or dealing with and/or investigating complaints; carrying out fraud detection and/or credit risk control in relation to your Transactions/online transactions or attempted Transactions/online transactions;
(q) complying with or as required by any applicable law, governmental or regulatory requirements of any jurisdiction applicable to us or any Milwaukee Tool Group entity, including meeting the requirements to make disclosure under the requirements of any law binding on us or any Milwaukee Tool Group entity, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of Malaysia or other countries), with which we or any Milwaukee Tool Group entity is/are expected to comply;
(r) complying with or as required by any request or direction of any governmental authority (whether of Malaysia or other countries) which we or any Milwaukee Tool Group entity is/are expected to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (whether of Malaysia or other countries). For the avoidance of doubt, this means that we may/will disclose your personal data to the aforementioned parties upon their request or direction;
(s) conducting research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our or a Milwaukee Tool Group entity’s products, services and/or facilities in order to enhance any continued interaction between yourself and us or a Milwaukee Tool Group entity connected or in relation to the Website, or your Transaction(s); or to improve any of our or a Milwaukee Tool Group entity’s products or services or, whether now or in the future. Without limiting the generality of the foregoing, we may/will in this regard send you surveys or request a face to face interview survey or request your feedback, by way of email or postal mail;
(t) for marketing purpose where you have provided your consent to us for the same, and with such consent, we (and/or the Milwaukee Tool Group) may/would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, services and/or events (including products, services and/or events of third party organisations with which we may collaborate with, that we (and/or a Milwaukee Tool Group entity) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, services and/or events exist now or are created in the future;
(u) storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Malaysia;
(v) to facilitate and/or ensure the safety and security of our premises, our customers, our staff and/or visitors to our premises; to deal with, handle and/or conduct disciplinary, security, crime prevention and/or quality assurance processes, matters and/or arrangements. Without prejudice to the generality of the aforesaid, we wish to bring to your attention that if there are surveillance cameras installed at our premises and/or offices, whether now or in future, such surveillance cameras are for security, crime prevention, safety and training reasons and you acknowledge that your personal data will be collected by such cameras and processed by us consequently, should you visit our premises or offices;
(w) maintaining and/or developing our IT or business systems and infrastructure including testing and upgrading of these systems;
(x) securing online transactions, preventing fraud, dealing with payment incidents and managing debt collection;
(y) creating reports with respect to your Transaction(s) and/or transactions that we have with our customers;
(z) facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of Milwaukee Tool and/or of any Milwaukee Tool Group entities, Transaction(s), and/or our or a Milwaukee Tool Group entity’s transactions with our/its customers;
(aa) dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves Milwaukee Tool as a participant or involves only an Milwaukee Tool Group entity as a participant or involves Milwaukee Tool and/or any Milwaukee Tool Group entities as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” includes the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation;
(bb) record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of Milwaukee Tool or of any Milwaukee Tool Group entities;
(cc) Milwaukee Tool, Milwaukee Tool Group’s or a Milwaukee Tool Group entity’s reporting purposes including but not limited to reporting on Milwaukee Tool’s business performance;
(dd) anonymization of your personal data. In this regard, you acknowledge that personal data that has been anonymized is no longer personal data and the requirements of applicable local data protection law (i.e. the PDPA) would no longer apply to such anonymized data; and
(ee) to deal with the or as part of a bankruptcy, winding up, reorganization, restructuring, insolvency, receivership or an assignment for the benefit of creditors, of Milwaukee Tool.
(the purposes set out in this paragraph 19 above shall be collectively referred to as the “Purposes”)
Arising from our processing of your personal data, new personal data about you may be created.
20. Milwaukee Tool may/will need to disclose your personal data to third parties, whether located within or outside Malaysia, for one or more of the above Purposes, as such third parties, would be processing your personal data for one or more of the above Purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your personal data to such third parties (whether located within or outside Malaysia) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your personal data for one or more of the above Purposes. Without limiting the generality of the foregoing or of paragraph 19, such third parties include :
(a) any Milwaukee Tool Group entities;
(b) any of our agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres, hosting and maintenance service providers, payment service providers, anti-fraud service providers, analysis services service providers, delivery or logistic service providers, payment transactions service providers, marketing service providers, marketing solution service providers, customer service providers;
(c) third parties with whom we enter into or may enter into any contractual or other arrangement in relation to the products or services to be provided to you, or in relation to the Transaction; and
(d) third parties to whom disclosure by Milwaukee Tool is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.
21. We may share your information with any Milwaukee Tool Group entities, which may be based in countries other than Malaysia, from time to time for one or more of the Purposes.
22. For the avoidance of doubt, you consent to our using, disclosing and/or processing personal data that we currently possess about you and/or that we had lawfully received or that we lawfully receive in future, from third parties or other Milwaukee Tool Group entities, for the Purposes.
23. You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by emailing us at firstname.lastname@example.org. We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request, unless an exception under the law or a provision in the law permits us to. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal, including us being unable to perform the transactions requested by you or the termination of your relationship with us (depending on the extent of your withdrawal), as the case may be.
24. We may collect, use, disclose or process your personal data for other purposes that do not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or by law.
25. We may/will be receiving or collecting from sources other than yourself, such as third party partners, affiliates, related corporations and associated companies, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes. We may combine information we receive from other sources with information you give to us and/or with information we have about you. We may use this information and the combined information for the Purposes set out above (depending on the types of information we receive).
26. We take reasonable steps to ensure that any personal data we collect, disclose and use is accurate and complete, if your personal data is likely to be used by us to make a decision that affects you, or disclosed to another organisation. However, it is important that you advise us of any changes to your personal data or if there are any errors in the personal data we hold about you. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your personal data that you had initially provided us with.
G. Provision Of Third Party Personal Data By You
27. Should you provide us with personal data of any individual other than yourself, you represent, undertake and warrant to us that :
(a) for any personal data of individuals that you disclose to us, you would have prior to disclosing such personal data to us obtained consent from the individuals whose personal data are being disclosed, to:
(i) permit you to disclose the individuals’ personal data to Milwaukee Tool for the Purposes; and
(ii) permit Milwaukee Tool and the Milwaukee Tool Group to collect, use, disclose and/or process the individuals’ personal data for the Purposes;
(b) at our request, you will use such form(s) or document(s) provided by us in obtaining such consents from the individuals in question (for the avoidance of doubt, we are under no obligation to you to create any such form(s) or document(s));
(c) any personal data of individuals that you disclose to us are accurate; and
(d) for any personal data of individuals that you disclose to us, that you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their personal data to Milwaukee Tool and for the Milwaukee Tool Group to collect, use, disclose and process such personal data for the Purposes.
H. How Do We Store Data?
28. Security of your personal data is important to us. We will put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.
29. We will put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.
30. You have the right to ask us not to use your personal data for marketing purposes. Please let us know if you want to withdraw your consent you had provided to us, by emailing us at email@example.com.
31. You have the right to access and/or correct any personal data that we hold about you, subject to exceptions under the law. This right can be exercised at any time by emailing us at firstname.lastname@example.org. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. With respect to your access request, we may charge a fee in order to process it.
32. For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 21 days. Where we are unable to respond to you within the said 21 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request.
33. For a request to correct personal data, once we have sufficient information from you to deal with the request, we will correct your personal data within 21 days. Where we are unable to do so within the said 21 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request.
34. Further rights may arise in future under amendments to the PDPA and in such a case, we will accord you such rights as provided for by the PDPA.
35. We hold and deal with your personal data in accordance with the PDPA.
J. Complaint Process
36. If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance.
37. Please contact us with your complaint or grievance by emailing us at email@example.com.
38. Where you are sending an email in which you are submitting a complaint, your indication at the subject header that it is a PDPA complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organisation to handle. For example, you could insert the subject header as “PDPA Complaint”.
39. We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.