We are committed to protecting the privacy of the investors in conducting our unit trust management business. “Personal Data” is information that identifies and relates to you or other individuals (such as your joint account holder). In this form, we describe to you how we handle your Personal Data that we collect through this Application Form (the “MasterAccount Application Form”) and through other means (for example, from your written instructions, telephone calls, e-mails and other communications or correspondences with us, as well as from our unit trust agents, business partners, other unit trust management companies, or other third parties involved in our business dealings with you). “YOU” IN THIS NOTICE REFERS TO YOU AS PRINCIPAL HOLDER AND/OR YOUR JOINT ACCOUNT HOLDER, IF APPLICABLE.
1.1 This “Notice Concerning Your Personal Data” (“Notice”) is issued pursuant to Section 7 of Malaysian Personal Data Protection Act 2010 (“Act”) under the “Notice and Choice Principle”. Please refer to Section 2 of this Notice for definition of Personal Data.
1.2 You may request to be issued a free copy of the Notice by sending an email to our Customer Service at email@example.com or calling our Customer Service Hotline at 03- 2095 9999, or writing to “Customer Service, Apex Investment Services Berhad” at 3rd Floor, Menara MBSB, 46 Jalan Dungun, Damansara Heights, 50490 Kuala Lumpur. This Notice is also available on our Website “(www.apexis.com.my)”.
1.3 Please note that the act is only applicable in respect of data provided by individual applicant(s) (i.e. individual data subjects) only and not applicable to corporate applicants.
2.1 Your Personal Data means any information given by you (“the Data Subject”) that relates directly or indirectly to you in our business dealings with you, which is:
2.2 Personal Data also includes “sensitive” personal data (“Sensitive Personal Data”), defined as any personal data consisting of information as to your physical or mental health or conditions, your political opinions, your religious beliefs or other beliefs of a similar nature, the commission or alleged commission by you of any offence, or any other sensitive personal data as determined under the Act.
2.3 Description of the Personal Data collected from you is set out in Section 8 below.
2.4 SENSITIVE PERSONAL DATA STATEMENT: In general, we will never ask for any of your Sensitive Personal Data as it is not relevant to our business dealings with you. If it becomes necessary to ask for such Sensitive Personal Data, we will only process the same after receiving your express written consent.
We collect and process your Personal Data for the following purposes:
We collect your Personal Data from various sources such as from the internet and social media, from publicly available information, from forms submitted by you, and through telephone calls, telephone recordings, camera and security footage (CCTV), your communication and correspondences with us (via electronic or written media), from our unit trust agents, financial planners, business partners, other unit trust management companies, or other third parties involved in our business dealings with you.
5.1 You shall be given access to your Personal Data held by us and you shall be able to correct that Personal Data where the Personal Data is inaccurate, incomplete, misleading or not up-to-date, except where compliance with a request to such access or correction is refused under the Act.
5.2 Your Personal Data shall be processed by us or by a third party (“Service Provider”) on our behalf.
5.3 You may, upon payment of a prescribed fee, make a request in writing to us, for (1) information of your Personal Data that is being processed by or on our behalf, and (2) for a copy of your Personal Data to be provided to you in a legible format.
5.4 If you found your Personal Data to be inaccurate, incomplete, misleading or not up-to-date, you have the right to access, correct, object to the use of, or request deletion or suppression of your Personal Data. Please contact us as set out in Section 7 below with any such requests or if you have any questions or concerns about how we process Personal Data.
5.5 We will ensure compliance with your request not later than twenty-one (21) days from the date of receipt of such request, subject to Section 5.6 below.
5.6 Please note that some Personal Data may be exempt from access, correction, objection, deletion or suppression rights in accordance with the Act. We will notify you when certain circumstances arise as permitted under the Act where we may refuse to comply with your request not later than twenty- one (21) days from the date of receipt of your request.
6.1 We may make your Personal Data available to:
a) Our company and partners
For a list of Apex Investment Services Berhad (AISB) and its partners that may have access to and use of your Personal Data, please refer to: (www.apexis.com.my). AISB is responsible for the management and security of jointly used Personal Data. Access to Personal Data within AISB is restricted to those individuals who have a need to access the information for our business purposes.
b) Other marketing and distribution parties
In the course of marketing and distribution of unit trust funds, we may make Personal Data available to third parties such as other financial planners; service providers; regulators and employees and other intermediaries and agents; appointed representatives; distributors; affinity marketing partners; and financial institutions, securities firms and other business partners.
c) Our service providers
External third-party service providers, such as medical professionals, accountants, auditors, experts, lawyers and other outside professional advisors; call center service providers; IT systems, support and hosting service providers; printing, advertising, marketing and market research and analysis service providers; banks and financial institutions that service our accounts; third-party back office service providers and administrators; document and records management providers; construction consultants; engineers; examiners; administrators of justice; translators; and similar third-party vendors and outsourced service providers that assist us in carrying out business activities.
d) Governmental authorities and third parties involved in court action
We may also share Personal Data with governmental or other public authorities (including, but not limited to, workers’ compensation boards, courts, law enforcement, tax authorities and criminal investigations agencies); and third-party civil legal process participants and their accountants, auditors, lawyers and other advisors and representatives as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside Malaysia; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside Malaysia; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of AISB affiliated companies; (f) to protect our rights, privacy, safety or property, and/or that of our group companies, you or others; and (g) to allow us to pursue available remedies or limit our damages.
e) Other Third Parties
We may share Personal Data with payees; emergency providers (fire, police and medical emergency services); retailers; medical networks, organisations and providers; travel carriers; credit bureaus; credit reporting agencies; and other people involved in an incident that is the subject of a dispute; as well as purchasers and prospective purchasers or other parties in any actual or proposed reorganisation, merger, sale, joint venture, assignment, transfer or other transaction relating to all or any portion of our business, assets or stock.
Personal Data may also be shared by you, on message boards, chat, profile pages and blogs, and other services on our Website to which you are able to post information and materials. Please note that any information you post or disclose through Website services will become public information, and may be available to visitors to the Website and to the general public. We urge you to be very careful when deciding to disclose your Personal Data, or any other information, on our Website.
6.2 We shall ensure that there is a procedure, policy, process or control when vendors, contractors, suppliers or any third party are allowed to have access to your Personal Data in the course of data maintenance.
If you have any questions about our use of your Personal Data you can e-mail to our Customer Service at firstname.lastname@example.org, calling our Customer Service Hotline at 03-2095 9999 or writing to “Customer Service, Apex Investment Services Berhad” at 3rd Floor, Menara MBSB, 46 Jalan Dungun, Damansara Heights, 50490 Kuala Lumpur.
The Personal Data collected about you may include:
If you wish to limit the processing of your Personal Data, including Personal Data relating to other persons who may be identified from that personal data, you may contact us at the address set out in Section 7 above.
It is obligatory for you to supply your Personal Data to us to enable us to use it as described in Section 3 above. Your failure to provide your Personal Data may cause us to be unable to provide you any of the services described herein.
You may by notice in writing withdraw your consent to the processing of your Personal Data. We shall, upon receiving your notice, cease the processing of the Personal Data, whereupon our relationship may be terminated.
12.1 Subject to Section 12.1, you may at any time by notice in writing to us, require us, at the end of such period as is reasonable in the circumstances, to, in respect of any of your Personal Data, either
12.2 Section 12.1 shall not apply where:
13.1 Subject to Section 13.1 below, no personal data shall, without your consent, be disclosed:
13.2 Notwithstanding Section 13.1, your Personal Data may be disclosed by us for any purpose other than the purpose for which the Personal Data was to be disclosed at the time of its collection or any other purpose directly related to that purpose, only under the following circumstances:
14.1 We shall, when processing your Personal Data, take practical steps to protect your Personal Data from any loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction having considered: (a) to the nature of the Personal Data and the harm that would result from such loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction; (b) to the place or location where the Personal Data is stored; (c) to any security measures incorporated into any equipment in which the Personal Data is stored; (d) to the measures taken for ensuring the reliability, integrity and competence of personnel having access to the Personal Data; and (e) to the measures taken for ensuring the secure transfer of the Personal Data.
14.2 Where processing of your Personal Data is carried out by a data processor on our behalf, we shall, for the purpose of protecting your Personal Data as set out in Section 14.1 ensure that the data processor
14.3 We will take appropriate technical, physical, legal and organisational measures, which are consistent with applicable privacy and data security laws. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any Personal Data you might have with us has been compromised), please immediately notify us. (See the “Who to Contact About Your Personal Data” section above.)
14.4 When we provide Personal Data to a service provider, the service provider will be selected carefully and required to use appropriate measures to protect the confidentiality and security of the Personal Data.
14.5 We shall ensure that your Personal Data is being held securely, either in electronic form, on paper or in any other medium.
14.6 Our responsibility to train our employees and Unit Trust Consultants: Since we are responsible for the processing of your Personal Data processed by our employees, we strive to ensure our employees and Unit Trust Consultant are aware of their responsibilities when processing of the your Personal Data and Sensitive Personal Data (where applicable) to ensure the reliability, integrity and competence of the employees having access to your Personal Data. Our employees and Unit Trust Consultant will be required to undergo training to understand their duties and responsibilities under the Personal Data Protection Act 2010 at least once. We shall restrict access to your Personal Data to those employees, in the strict need to know only
15.1 Your Personal Data processed for the purposes here shall not be kept longer than is necessary for the fulfillment of that purpose. We shall take all reasonable steps to ensure that all Personal Data is destroyed or permanently deleted if it is no longer required for the purpose for which it was to be processed.
15.2 We take reasonable steps to ensure that the Personal Data we process is reliable for its intended use and as accurate and complete as is necessary to carry out the purposes described in this Notice.
15.4 Additionally, we have developed a Document Retention Policy to specify the retention period of your Personal Data and when to dispose any document containing your Personal Data when we no longer require to process it or when you refuse to give your consent pursuant to this Notice. Your Personal Data shall not be kept longer than is necessary for the fulfillment of this purpose and the permanent deletion or destruction of your Personal Data is necessary as soon as there is no more need for this purpose. Similarly, we shall have a policy for Dealing with Data Protection Issues.
15.5 We shall keep and maintain a record of any application, notice, request or any other information relating to your Personal Data that has been or is being processed by us as required by Section 108 of the Capital Markets and Services Act 2007 for a period of not less than seven (7) years.
We shall take reasonable steps to ensure that the Personal Data is accurate, complete, not misleading and kept up-to-date by having regard to the purpose, including any directly related purpose, for which the Personal Data was collected and further processed.
17.1 Where we have complied with requirement to give this Notice pursuant to the Section 7 of the Act in respect of the collection of Personal Data from you, referred to as the “first collection”; and, where on any subsequent occasion again we collect Personal Data from you, referred to as the “subsequent collection”, we are not required to comply with section 7 of the act if (a) to comply in respect of that subsequent collection would be to repeat, in the same circumstances, what was done to comply in respect of the first collection; and (b) not more than twelve (12) months have elapsed between the first collection and the subsequent collection.
17.2 For the avoidance of doubt, it is declared that subsection (1) shall not operate to prevent a subsequent collection from becoming a first collection if we have complied with the provisions of the Notice pursuant to Section 7 of the Act.
If you provide Personal Data to us regarding other individuals, you undertake:
19.1 This Fund Master Form is not directed to individuals under the age of 18 and we request that these individuals do not provide Personal Data through this Fund Master Form.
19.2 You are not allowed to provide any Personal Data to us regarding the other individuals who are minors (“said minors”), through this Form, unless you are the parent/legal guardian of the said minors. If you are, you agree to (i) to inform the individual about the content of this Privacy and Personal Data Policy; and give consent on their behalf by executing a Parent/Guardian Consent form, allowing for the collection, use, disclosure, and transfer (including cross-border transfer) of Personal Data of the said minors.
20.1 We invite you to be in our mailing list for the purposes of Direct Marketing from us. “Direct Marketing” means the communication from us by whatever means of any advertising or marketing material from us which is directed to you. Alternatively, we may cease or not to begin processing your personal data for purposes of direct marketing. Therefore, if you do not wish to be included in our future unit trust products campaign, new unit trust products launches and events including promotional events with business partners in our service platform, please Contact Us.
20.2 Notwithstanding the foregoing, you may at any time by notice in writing to us requesting us at the end of such period as is reasonable in the circumstances to cease or not to begin processing your Personal Data for the above purposes. If you are dissatisfied with our failure to comply with your notice, whether in whole or in part, you may submit an application to the Commissioner of Personal Data Protection Board, to require us to comply with the Notice.
We will provide you with regular opportunities to tell us your marketing preferences, including in our communications to you. You can also contact us by e-mail at email@example.com or call us at our Customer Service Hotline: 03- 2095 9999, or write to Customer Service, Apex Investment Services Berhad at 3rd Floor, Menara MBSB, 46 Jalan Dungun, Damansara Heights, 50490 Kuala Lumpur to tell us your marketing preferences and to opt-out.
21.1 If you no longer want to receive marketing-related e-mails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by clicking on the link to “unsubscribe” provided in each e- mail or by contacting us at the above addresses.
21.2 We aim to comply with your opt-out request(s) within a reasonable time period. Please note that if you opt-out as described above, we will not be able to remove your Personal Data from the databases of third parties with whom we have already shared your Personal Data (i.e., to those to whom we have already provided your Personal Data as of the date on which we respond to your opt-out request). Please also note that if you do opt-out of receiving marketing communications from us, we may still send you other important administrative communications from which you cannot opt-out.