Personal Data Protection Act 2010

Personal Data Protection Act 2010

Notice and choice principle document

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Notice and Choice Principles

In accordance with the Personal Data Protection Act 2010 (‘the Act’) which became enforceable on 15th November 2013 to regulate the processing of personal data in commercial transactions, Universiti Malaysia Sabah, existing now and/or at a future date (hereinafter referred to as ‘UMS), is committed to ensure complete compliance with the Act.


This Notice gives you a good understanding on how we handle potential employees’ personal data that we collect, process and store in UMS and/or related organizations/entities such as UMS Investment Holdings Sdn. Bhd. and/or Yayasan Universiti Malaysia Sabah (YUMS), and/or Koperasi UMS Berhad (KoUMS) whether related or associated existing now or at a future date.


This document is also intended to give you, as a data subject, knowledge on how you can control our disclosure of such data.


Please read the following, then sign and date on this form where shown to indicate your

consent and understanding of the contents.


We are processing your personal data

UMS needs to collect and process your personal data to which you are/may be a party to, in order to generally offer you employment with us (in the event you are a candidate applying for employment with us).


Your personal data that we collect and process, include but are not restricted to:-


Name, identification number (NRIC/Passport), EPF number, SOCSO number, income tax number, address, contact numbers, gender, nationality, date of birth, place of birth, marital

status, height, weight, family information, education, IT skills, language proficiency, personal email address, photo, passport number, blood group, previous employers data,

salary, bank account number, bank name and address, employment bond agreement, driving license number, vehicle information, hobbies/interests etc, including all personal data(s) submitted by you to UMS through your resume (curriculum vitae).


Sensitive personal data

Some of the personal data that we collect and process may include what is defined as

‘sensitive personal data’ under the Act and these include, but are not restricted to:-


  • Political opinion.
  • Records of criminal offence.

·          Bankruptcy.


How do we use your data

UMS will be using your personal data to discharge its obligations as your potential employer. Specifically, the purpose for which your personal data may be used and further processed includes, but not restricted to, the following:-

  • For the assessment of your job application with UMS, or if you already an employee of UMS, to comply with PDPA 2010 requirement.

·          For administration purposes related to employment.

·          For the purpose of complying with the statutory laws and requirements of governmental bodies and other related parties.

·          For the purposes of our corporate governance.

·          For the provision of personal data to authorized parties as may be requested by the employee.

·          For all other purposes in relation to or incidental to performing the employment contract such as:-

a)         Payroll.

b)         Medical benefits.

c)         Insurance coverage.

d)         Employment related benefits.

e)         Training and development requirements.

f)          Performance Management.

g)         Restructuring exercises.

h)         Career development and work allocation and management.

i)          Disciplinary and/or surcharge proceeding under Act 605.

j)          Any other employment related purposes.


How is your data collected

Most, if not all, of your personal data was obtained from you, either from the following

sources or from any other information you provided:-

·          Resume.

·          Application form.

·          Personal particulars form.

·          Related certificates.

In some instances, your personal data may have been obtained from external sources including, but not restricted to the following:-

·          Reference checks/background checks/verification source (personal or private).

·          Third party service providers and/or any other future third parties in relation or incidental to the above.

·          Company properties e.g. computers, mobile phones, personal digital assistants (PDAs), facsimile machines and photocopiers.


Your rights

You may request access to and request correction of your personal data. In order to exercise your rights, you will have to submit the Request for Access/Update of Personal Data Form. You may obtain a copy of this Form from Human Resource Department, UMS.


Phone Number          : 088 – 320000 ext (insert the intended extension number)

Fax Number               : insert the intended fax number

Email address            : 该Email地址已收到反垃圾邮件插件保护。要显示它您需要在浏览器中启用JavaScript。 (insert email address)


Any request to exercise your rights shall be administered as per the Act. Please be informed

that pursuant to the Act, your request may be rejected in certain circumstances.


To whom we may disclose your information

Your personal data will be kept confidential but it may be provided or disclosed to third parties for the purposes stated above. Whilst we do not disclose your information to any third parties unless it is within the ambit of permitted disclosures under prevailing laws/guidelines and/or you have consented to such disclosure, we may disclose your information to the categories of parties as listed below but not restricted to :-

·          Third party service providers and/or any other future third parties that we may contract with such as travel agencies, insurance agencies, employment agencies, company secretary, banks, internal and external auditors, training centers, HR information systems etc.

·          Third party service providers for the purposes of performing reference checks, background screening, bankruptcy searches, criminal records etc.

·          UMS’s appointed medical practitioner(s).

·          Statutory bodies such as Employee Provident Fund, Social Security Organisation, Inland Revenue Board, Human Resource Development Fund etc.

·          Professional advisors including lawyers, accountants, auditors, insurers and brokers on a need to know basis for the purposes of providing their services/advices to us.

·          Agent or contractors acting on our behalf or appointed by us to act on our behalf for

purposes of performing a contract of employment.


We will ensure that reasonable steps are taken by the above categories of parties to protect

and/or maintain confidentiality of your information that we may disclose to them.


Limiting the processing of personal data

Although, as stated above, we only process your personal data for purposes related to performing a contract of employment, in the event your personal data is being processed

for other purposes (with your consent), you have a right to request us to stop such processing. You may exercise this right by contacting the Human Resource Department, UMS. This right extends to stopping the processing of your personal data which relates to the personal data of other persons.


Provision of information

As a job applicant, you have the right to decide what information that you wish to provide. However, please be informed that all the information that we request for, as stated above,

are mandatory information for us. If you choose not to provide and/or fail to supply us with such personal data (and/or decide not to give us consent to process your personal data, including explicit consent for sensitive personal data), we will not be able to offer you employment with UMS (in the event you are a candidate applying for employment

with us).


Accordingly, if you decide not to provide the mandatory information to us, it may necessarily mean that an offer of employment will not be made.


UMS reserves the right to review and/or amend this Notice from time to time and will communicate such changes along with the updated Policy on UMS’s website, and/or other appropriate communication means as may be determined by UMS.


Nothing in this Notice shall limit the rights of UMS and employees under the Personal Data Protection Act 2010.



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