Privacy Policy

1. This Privacy Policy sets out how Bournshell Sdn Bhd (Bournshell) (referred to as “Bournshell”, “us” or “we”) process personal data in accordance with the Personal Data Protection Act 2010 (“PDPA”) and the laws of Malaysia. Please read this Privacy Policy to understand how Bournshell processes the personal data provided by our customer (referred to as “you”) to us. By providing your personal data to us, you are agreeing to the provisions of this Privacy Policy and the processing of your personal data as described in this Privacy Policy.

• Our Commitment To our Customer

We are committed to protect your personal data. To ensure that you can make informed decisions and feel confident about supplying your personal data to us, we provide you with this Privacy Policy that outlines our practices and the choices you have concerning how your personal data is processed by us.

• Defining Personal Data

Personal data refers to any information that relates directly or indirectly to you, from which you may be identified, and includes sensitive personal data and expressions of opinion about you.

This Privacy Policy shall be applicable if you are a natural person who is a customer of Bournshell, including a natural person trading as a sole trader or natural persons constituting a partnership or, if no longer a customer of Bournshell, where there are outstanding obligations either on your part or on Bournshell’s part.

This Privacy Policy also applies even if you are not one of our customers, but you interact with us as part of our business, using one of our products and/or services, whether for free or paid for by you or a third party, taking part in a survey or trial, entering a prize promotion, calling our helpdesk, or generally enquiring about our products and/or services

• What Kind Of Personal Data We Collect

In order for us to provide you with our products and/or services and to operate in an efficient and effective manner, we need to collect personal data from you. The personal data collected by us may include the following:-

1. your name, date of birth, identification supporting documents (including NRIC or passport number), gender, nationality and race, preferred language, current private and/or business address, installation address, telephone or mobile phone number, fax number, email address, questions and/or data to facilitate security measures we have for your account
   1. your credit and/or debit card information, bank account details and your payment history
   1. your mobile device location (to determine the closest Bournshell network connection point to enable connection to our network to make calls and/or access our mobile internet services)
   1. the status of the products and/or services you have acquired from us or subscribed to
   1. how you use the products and/or services (e.g. traffic data such as numbers and addresses of calls, SMS, MMS, emails and other communications made and received by you and the date, duration, time and cost of such communications)
   1. the amount of data that has been received and/or sent by you
   1. the equipment (such as your mobile and/or fixed devices, your computer system) and/or software you use when accessing our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services
   1. your personal interests and preferences to help us tailor offerings of our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services which would suit you best
   1. clickstream data when you visit any apps, social media platforms or websites
   1. recording of calls placed by you to our customer service for our service enhancement and improvement

• Collection of Personal Data

We may collect your personal data when you:-

1. communicate with us (e.g. when you submit an application form to become our customer, or when you contact us for any enquiries including by calling our customer service)
   1. register or subscribe for a specific product and/or service and/or our publications (e.g. newsletters)
   1. use our network and products and/or services
   1. participate in any of our surveys, competitions, contests or loyalty programmes run/organised by us
   1. register interest and/or request for information of (through our online portals or other available channels) or subscribe to our products and/or services
   1. respond to any marketing materials we send out
   1. visit any of our offices, retail or service centres
   1. visit or browse our websites
   1. lodge a complaint with us
   1. provide feedback to us (e.g. via our websites or in hard copy)
   1. (if no longer a customer of Bournshell) where there are outstanding obligations either on your part or on Bournshell’s part

Other than personal data obtained from you (as detailed above), we may also obtain your personal data from third parties we deal with or are connected with you (e.g. credit reference/reporting agencies or financial institutions), and from such other sources where you have given your consent for the disclosure of personal data relating to you, and/or where otherwise lawfully permitted.

If you are under the age of 18, you are required to ensure that your parents or legal guardian consent on your behalf to the processing of your personal data as described in this Privacy Policy.

• Purposes of Processing Your Personal Data

We may process personal data from you or from the categories of third parties identified in this Privacy Policy, for one or more of the following purposes:-

1. to verify your identity
   1. to enable you to be provided with products and/or services as well as facilities and/or benefits offered by us and/or our related corporations
   1. to facilitate, assess and/or process your application(s)/request(s) for our and/or our related corporations’ products and/or services
   1. to provide you with the products and/or services you have requested
   1. to administer and manage the products and/or services we provide you (including charging, billing, facilitating payments and collecting debts)
   1. to investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to us regarding our network, products and/or services with our customer relations teams
   1. to assess and/or verify creditworthiness
   1. to detect and/or prevent fraudulent activity
   1. to manage our networks
   1. to keep in contact with you and provide you with any information you have requested
   1. to engage in business transactions in respect of products and/or services to be offered and provided to youto establish and better manage any business relationship we may have with you
   1. (if no longer a customer of Bournshell) where there are outstanding obligations either on your part or on Bournshell’s part
   1. to process any communications you send to us (e.g. answering any queries and dealing with any complaints and feedback)
   1. to help us monitor and improve the performance of our network, products and/or services, our customer relations teams and service providers
   1. to maintain and/or develop our business systems and infrastructure, including testing and upgrading of these systems
   1. to manage staff training and quality assurance
   1. to notify you about benefits and changes to the features of our products and/or services
   1. to use your personal data for direct marketing and/or to better identify products and/or services from us and/or our related corporations, preferred merchants and strategic partners that may interest you
   1. to produce data, reports and statistics
   1. to investigate, respond to, or defend claims made against, or involving us
   1. to maintain records required for security, claims or other legal purposes
   1. to comply with legal and regulatory requirements
   1. for any purposes as set out in the websites’ Terms of Use or in the General Terms & Conditions or in any other terms and conditions referenced in any of the aforementioned documents
   1. for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities

• Disclosure of Your Personal Data

We may disclose your personal data to the following third parties:-

1. law enforcement agencies, for the purpose of preventing and/or detecting crime, or for the purpose of investigations and/or the apprehension or prosecution of offenders and/or protection of national security and/or any purpose that is required or authorized by or under any law or by any order or judgment of a court
   1. government bodies and agencies, to meet our legal and regulatory obligations
   1. other companies, organisations, and/or service providers, to process personal data on our behalf
   1. other companies, organisations, and/or service providers to:-
      1. carry out services on our behalf which is ancillary and/or required for purposes of providing our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services to you; or
      1. help us provide services to you such as to provide customer-service, marketing, infrastructure and information-technology services, personalize our service and make it work better; or
      1. process payment transactions; or
      1. carry out fraud and credit checks, and collect debts and protect our rights and defend us and our property; or
      1. analyse and improve the information we hold (including about your interactions with services provided by us and/or our related corporations, preferred merchants and strategic partners); or
      1. run surveys; or
      1. carry out any of the purposes as set out in this Privacy Policy.

• Direct Marketing

We may process your personal data to provide you with, or enable our related corporations to provide you with, information, promotions and updates including advertising and marketing materials (“marketing material”) about our and/or our related corporations’ products and/or services as well as products and/or services of our and/or our related corporations’ preferred merchants and strategic partners. Subject to your specific consent, we may also facilitate for our and/or our related corporations’ preferred merchants and strategic partners to provide you with marketing material about their products and/or services, which may be of interest to or benefit you. The aforementioned information, promotions and updates, including advertising and marketing materials may be sent to you via any one or more of the following examples: phone calls, text messages, online banners, emails or via other internet, social or application-based messaging system or any other means of communication.

• Refusal To Provide Personal Data

Where indicated (e.g. in registration/application forms), it is obligatory to provide your personal data to us to enable us to process your application for our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services. Should you decline to provide such personal data, we may not be able to process your application, or provide you and/or continue to provide you with our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services.

1. Your Rights To Access And Correct Your Personal Data

We can assist you to access and correct your personal data held by us. Should you wish to have access to your personal data in our possession, or where you are of the opinion that such personal data held by us is inaccurate, incomplete, misleading or, where relevant, not up-to-date, and you wish to correct such personal data, you may make a request to us by contacting us at technical@bournshell.com

In relation to either a data access request or a data correction request, you should quote your name, address and phone/account number and provide brief details of the information you want a copy of or, as the case may be, you want to have corrected, in any such request.

Please note that we may decline to comply with your data access request in certain situations, for example when we are unable to confirm your identity or where information requested for is of a confidential commercial nature or in the event we receive repeated requests from you for access to the same information which burden or expense of providing access is disproportionate to the risks to your privacy. We may also decline to comply with your data correction request in certain situations, for example when you have not supplied us with such information as we may reasonably require to ascertain in what way the personal data to which the data correction request relates is inaccurate, incomplete, misleading or not up-to-date.

Nevertheless, we will notify you of the reasons for not being able to accede to your data access and/or data correction requests. We shall be entitled to charge a fee (where permitted under the applicable law) for any data access request.

1. Exercising Choices Over Your Personal Data

Subject always to our contractual rights and obligations under relevant laws and regulations, you may exercise your choice to limit the use or the extent of use of your personal data, including personal data relating to other persons who may be identified from that personal data. Should you wish to do so, kindly contact us at technical@bournshell.com

1. Your Obligations

You are responsible for providing accurate and complete information to us about yourself and any other person whose personal data you provide us and for updating this personal data as and when it becomes incorrect or out of date by contacting our Customer Representative.

This obligation is a condition to the provision of our and/or our related corporations’, preferred merchants’ and strategic partners’ products and/or services to you and/or any other person authorised or permitted by you or your organisation/company to use the products and/or services.

In the event you may need to provide us with personal data relating to third parties (e.g. your spouse or children or where you are the designated person in charge (from an organisation or company) for dealing with us, if you are acquiring and are responsible for a product and/or service that they will use), you confirm that you have obtained their consent or otherwise entitled to provide their personal data to us and for us to process accordingly, and you have informed them to read this Privacy Policy

1. Online Dealings With Cookies

We collect information about your use of our websites from cookies. Cookies are packets of information stored in your computer or device which assist your website navigation by customizing site information tailored to your needs. Cookies in themselves do not identify the individual user, just the computer or device used. You are not obliged to accept cookies. If you are concerned, you can set your computer or device either to accept all cookies, to notify you when a cookie is issued, or not to receive cookies at any time. However, rejection of cookies may affect your use of our websites as we will be unable to personalize aspects of your use of the website. Please be informed that this Privacy Policy applies solely to Bournshell’s website and does not apply to any third-party websites you may access from our websites. To determine how they deal with your personal data, you should ensure that you read their respective privacy policies. If you use or subscribe to any product and/or service from any third party and you subsequently provide your personal data directly to that third party, your personal data will be subject to that third party’s privacy statement/notice/policy.

1. Transfer Of Your Personal Data To Places Outside Malaysia

We may transfer your personal data to places outside Malaysia including if the transfer is to our facilities that are located outside Malaysia or if any of our service providers or strategic partners who are involved in providing part of our product and/or service or outsourced data storage or data processing services for and on behalf of us is located outside Malaysia or has servers and/or related equipment outside Malaysia or if you use the products and/or services from a country other than Malaysia (e.g. international roaming). You consent to us transferring your personal data to places outside Malaysia in these instances. We may also transfer your personal data to places outside Malaysia where permitted by law.

1. Updates To Our Privacy Policy

We may amend this Privacy Policy from time to time and the updated version shall apply and supersede any and all previous versions, including leaflets or hard copy versions. You are encouraged to check our website and re-visit this Privacy Policy periodically for our most up-to-date Privacy Policy (as reflected by the date of the update set out at the top of this Privacy Policy).

1. Our Contact Details

Should you have any queries (including limiting the processing of personal data), concerns or complaints in relation to this Privacy Policy, kindly contact our Customer Representative via technical@bournshell.com