As you read our notice, please keep in mind that it applies to all Captivate Sdn Bhd companies (Captivate Sdn Bhd, DP Activation Sdn Bhd, Act Media (M) Sdn Bhd & any additional companies under Captivate in the future)
Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions by submitting a request through the “Contact Us” form on our websites.
We have tried to keep this notice as simple as possible, but if you are unfamiliar with such terms; cookies, IP addresses and browsers, then please read about these key terms incorporated within this page first.
You have the right to object to certain uses of your personal data including the use of your personal data for direct marketing. See what your rights are and how you can exercise them below.
Who Is Collecting It?
201D, Level 2, Tower D, Uptown 5,
Jalan SS 21/39, Damansara Utama,
47400 Petaling Jaya,
This Privacy Notice applies to personal data collected by Captivate in connection with the services and products we offer. References to “Captivate” in this Notice means Captivate Sdn Bhd and any company directly or indirectly owned and/or controlled by Captivate Sdn Bhd that you are interacting with or have a business relationship with.
This Privacy Notice also applies to Captivate’s marketing content, including offers and advertisements for Captivate products and services, which we (or a service provider acting on our behalf) send to you on third-party websites, platforms and applications based on your site usage information. These third-party websites generally have their own Privacy Notice and Terms and Conditions. We encourage you to read them before using those websites.
What Personal Data Is Being Collected?
You are not required to provide Captivate the personal data that we requested. However, by doing so, we may not be able to provide you assurance of our products or services which may or may not impact the quality of service while responding to any queries you may have.
We may collect personal data from a variety of sources. This includes:
- Personal data given to us from you;
- Personal data we collected automatically;
- Personal data we collect from other sources
Personal data means any information that can be used to identify directly or indirectly a specific individual. This definition includes personal data collected; be it online or offline which includes but not limited to:- consumer engagement centers, direct marketing campaigns, sweepstakes, competitions, search engines, web application, branded pages embedded into third-party platforms and applications accessed or used through third-party platforms.
You may be asked to provide your personal data when you are in contact with us. Data collected by Captivate Sdn Bhd will be shared across other subdivision group of companies associating with Captivate Sdn Bhd and use it in a manner consistent with this Privacy Notice. We may also combine the data collected with other findings to improve our products, services, content, and advertising.
Ways in which we collect your personal data
- Personal data you give us directly – We collect data about how you use our services and products, such as the types of content you view or engage with, or the frequency and duration of your activities. We also collect personal data you provide us when you sign up for a marketing newsletter, complete a survey or register for an account to buy our products. In doing so, we may ask for personal data, such as your name, gender, date of birth, address, email address, telephone number or credit card details. Some Captivate brands may collect “special categories of personal data” about you with your explicit consent. For more information on the special categories of data we collect and how we use it, please refer to the relevant section below.
- Your personal data is also collected when you search, buy, post, participate in a contest or questionnaire or communicate with our customer service teams. Examples of the types of personal data we collect include; IP address, device ID, location data, computer and connection information such as browser type and version, time zone setting, browser plug-in types and versions, operating system, and purchase history – which Captivate sometimes aggregates with similar information from other consumers.
- During some of your internet browsing on Captivate’s website, we may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
- Personal data we collect from other sources – We collect personal data from other sources including our trusted partnerships with third-parties and where we operate Captivate accounts on third-party platforms: For example, when you use the “like” functionality on Facebook or the +1 functionality on Google+. Additionally, we will receive information about you and other visitors’ interactions with our advertising to measure whether our advertising is relevant and successful. We also collect information about you and your activities from a third-party when we jointly offer services or products, or from third-party data enrichment providers who may deliver insights to Captivate about the personal data we hold.
How do we protect children’s privacy?
Most of Captivate’s websites are designed and intended for use by adults. Where one of our websites is intended for use by a younger audience, we will obtain consent from the person with parental responsibility before we collect personal data where it is required by applicable laws and regulations (the age at which consent is necessary varies from Country to Country).
If you are a child under the age where parental consent is required in your Country, you should review the terms of this Privacy Notice with your parent or guardian to make sure you understand and accept them. If we discover personal data collected are from a child without the consent of a parent or guardian where such consent should have been obtained, we will delete that personal data.
Access to certain parts of the Captivate’s websites and/or eligibility to receive prizes, samples or other rewards are generally limited to users over a certain age. We sometimes use your personal data to carry out age verification checks and enforce any such age restrictions.
What Purpose Do We Use Your Data For?
We also create profiles by analyzing the information about your online presence, search-buy behavior and your interactions with our brand communications by building segments (creating groups that have certain common characteristics) and by placing your personal data in one or more segments.
Additionally, Captivate processes your personal data also using automated means. An automated decision is a decision which is made solely by automatic means; where humans involvement are not accounted for in the decision-making process related to your personal data.
We collect, process and disclose your personal data for the following purposes:
- To process your payments; by purchasing our products and providing you with your order status, deal with your enquiries and requests, assess and handle any complaints;
- To process and answer your inquiries or to contact you to answer your questions and/or requests;
- To innovate, develop and improve our products, services, communication methods and the functionality of our websites;
- For the purposes of competitions or promotions that you have entered;
- To communicate information to you and to manage your registration and/or subscription to our newsletter or other communications;
- To manage our everyday business needs regarding your participation in our contests, sweepstakes or promotional activities or request;
- To authenticate the identity of individuals via telephone or other electronic means otherwise;
- For internal training and quality assurance purposes;
- To understand, analyze and requirements scoping of our consumers;
- To enhance our website as well as our current products and services be it in developing new products or services;
- To provide personalized products, communications and targeted advertising as well as product recommendations to you
When we collect and use your personal data for purposes mentioned above or for business related purposes, we will inform you before or at the time of collection.
Where appropriate, we will ask for your consent to process the personal data. During this phase, you have the right to withdraw your consent at any time.
In some cases, we rely on legitimate interest for processing your personal data. A legitimate interest could exist, for example, when you sign up for a loyalty scheme with one of our brands and we use the personal data collected to conduct data analytics to improve our products or services. This ground will only be used where it is necessary to achieve a legitimate interest, for example to assist in the performance of a contract, or to optimize a service, and does not outweigh your rights as an individual. This legal basis will only be relied upon where there is no less intrusive way to process your personal data. We can assure you that if legitimate interest is used as a ground for processing your personal data, we will keep a record of this and you have the right to ask for this information.
We process your personal data to perform a contract to which you are or will be a party of. Eg. to process your personal data to deliver a product or a service you bought, to allow you to take part in one of our competitions, or to send you samples that you have requested.
We also process your personal data when we have a legal obligation (e.g., tax or social security obligations) to perform such processing. For example, a court order or a subpoena may require us to process personal data for a particular purpose, or we may be compelled to process personal data to report suspicious transactions under the local anti-money laundering rules.
These segments are used by Captivate to personalize the website and our communications to you (such as showing relevant content to you when you visit our site or in a newsletter to you), and to display relevant offers and advertisements from the Captivate brands on the Captivate sites, and via third-party websites. The segments can also be used for third-party campaigns on the Captivate sites. Captivate profiles your data where you have provided consent for us to do so; for example, accepting the setting of cookies on your browser online or signing up for email newsletters from one of our brands.
You can withdraw your consent to prevent your personal data being used this way at any time using the manage cookies section in your internet browser or unsubscribing to the use of your email address if you have logged into one of our websites or signed up to any marketing newsletters.
By way of example –
- Captivate collects data, with your consent, from:
- Our websites about what you view and the way you interact with our content;
- Our digital display advertising that we serve to you on social platforms and other publisher’s websites; and
- Forms you fill in online and send to us about what your interests are.
- We also track the products you buy when you click on one of our display adverts and go on to purchase something from a selection of our retail partners.
- If you have asked to receive emails or SMS communications from us, we track whether you open, read or click on the content to see what you are interested in so that we can give you more content that we think you are more likely to enjoy.
- We use this data to profile your likes and dislikes
- Based on this profile information, we may also give you advertising that we think you will like and want to see as you view content from us or from our network of publishers that we advertise with. Sometimes, with your consent, we may use your current location to serve advertising to you that is to do with promotions or events that are happening nearby that we think you might be interested in.
- We may also use information you have provided to selected third-parties and consented to be shared, like your age, gender, life stage, lifestyle and wider interests to identify people who we think will have similar interests to you and who we believe will be interested in similar advertising.
We will not make decisions based solely on automated decision making that have significant impact on you. If we do so we notify you and provide you with clear information about our decision to rely on automated processing to make our decision and our lawful basis for doing so. For example, Captivate processes your personal data using automated means only if it is necessary for the entering into or the performance of a contract with you, or when you have given your explicit consent.
You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right:
- to obtain human intervention;
- to express your point of view;
- to obtain an explanation of the decision reached after an assessment; and
- to challenge such a decision.
Who Will It Be Shared With?
- Third-party service providers; in order to carry out your requests, respond to your inquiries, fulfil your orders, honor coupons, provide you with samples, enable you to participate in sweepstakes or make various other features, services and materials available to you through our websites we share your personal data with third-party service providers that perform functions on our behalf, such as companies that: host or operate Captivate’s websites, process payments, analyze data, provide customer service, postal or delivery services, and sponsors or other third-parties that participate in or administer our promotions. They have access to personal data needed to perform their functions but may not use it for other purposes. Furthermore, they must process this personal data in accordance with this Privacy Notice and as permitted by applicable data protection laws and regulations.
- Other third-parties; your personal data will also be used by us or shared with our sponsors, advertisers, advertising networks, advertising servers, social media networks, and analytics companies or other third-parties in connection with marketing, promotional, data enrichment and other offers, as well as product information.
- Business transfers; your personal data will be used by us or shared with the Captivate Group, primarily for business and operational purposes. As Captivate Group continues to develop the business, it may sell or purchase assets, subsidiaries or business units. In such transactions, your personal data generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, you consent otherwise). If another entity acquires us, our businesses or substantially all or part of our assets, or assets related to Captivate’s websites, your personal data will be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such personal data will be considered an asset of ours and as such it is possible they will be sold or transferred to third-parties.
- Legal disclosure; we may transfer and disclose your personal data to third-parties:
- To comply with a legal obligation;
- When we believe in good faith that an applicable law requires it;
- At the request of governmental authorities conducting an investigation;
- To detect and protect against fraud, or any technical or security vulnerabilities;
- To respond to an emergency; or otherwise
- To protect the rights, property, safety, or security of third-parties, visitors to Captivate’s websites, Captivate or the public.
How Do We Protect Your Personal Data?
Our measures include implementing appropriate access controls, investing in the latest Information Security Capabilities to protect the IT environments we leverage, and ensuring we encrypt, pseudonymise and anonymise personal data wherever possible.
Access to your personal data is only permitted among our employees and agents on a need-to-know basis and subject to strict contractual confidentiality obligations when processed by third-parties.
How Long Do We Keep Your Personal Data For?
Your data may also be retained so that we can continue to improve your experience with us and to ensure that you receive any loyalty rewards which are due to you.
We retain the identifiable data we collect directly for targeting purposes for as little time as possible, after which we employ measures to permanently delete it.
We will actively review the personal data we hold and delete it securely, or in some cases anonymize it, when there is no longer a legal, business or consumer need for it to be retained.
What Are Your Rights?
- The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your personal data and your rights. Therefore, we’re providing you with the information in this Notice.
- The right to access and rectification. You have the right to access, correct or update your personal data at any time. We understand the importance of this and should you want to exercise your rights, please contact us.
- The right to data portability. The personal data you have provided us with may be portable. This means it can be moved, copied or transmitted electronically under certain circumstances.
- The right to be forgotten. Under certain circumstances, you have right to request that we delete your data. If you wish to delete the personal data we hold about you, please let us know and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purposes and we are not required by law to retain it, we will do what we can to delete, destroy or permanently de-identify it.
- The right to restrict processing. Under certain circumstances, you have the right to restrict the processing of your personal data.
- The right to object. Under certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing (i.e., receiving emails from us notifying you or being contacted with varying potential opportunities).
- The right to lodge a complaint with a Supervisory Authority. You have the right to lodge a complaint directly with any local Supervisory Authority about how we process your personal data.
- The right to withdraw consent. If you have given your consent to anything we do with your personal data (i.e., we rely on consent as a legal basis for processing your personal data), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal data at any time by contacting us with the details provided below.
- Rights related to automated decision-making. You have the right not to be subject to a decision which is based solely on automated processing and which produces legal or other significant effects on you. In particular, you have the right:
- to obtain human intervention;
- to express your point of view;
- to obtain an explanation of the decision reached after an assessment; and
- to challenge such a decision.
- Further information and advice about your rights can be obtained from the data protection regulator in your Country.
How Do You Contact Captivate?
How Do We Keep This Notice Up To Date?
If the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Notice changes). We will also keep prior versions of this Privacy Notice in an archive for your review.
We will not reduce your rights under this Privacy Notice without your consent.