Privacy Policy
TOYEIGHT DATA PROTECTION POLICY
1. Introduction
TOYBOX CREATIONS AND TECHNOLOGY SDN BHD is committed to the protection of your Personal Data and takes the matter of protecting your privacy as high priority.
For the purposes of this policy, the data controller is TOYBOX CREATIONS AND TECHNOLOGY SDN BHD with its registered office at TOYBOX CREATIONS AND TECHNOLOGY SDN BHD, A2-19-3A, SOHO SUITES @ KLCC, 20, JALAN PERAK, 50450, KUALA LUMPUR (herein after referred to as “Toyeight”, “us”, or “we”, “our”).
This policy applies to personal data about you (our customers, directors, shareholders, vendors, distributors, suppliers, contractors, service providers, business partners, etc) and/or individuals provided by you, possessed by Toyeight or that Toyeight obtain about you, whether now or in the future. If you are a corporate entity/an organisation, references to the term "you" and "your" shall also include your employees, representatives and agents.
This policy may be revised and updated by Toyeight from time to time. Toyeight recommend that you visit our Website to review the most updated version of this policy each time you provide your personal data to us. By continuing to communicate with Toyeight, using our services, purchasing our products and/or access to our website after being notified of any amendments to this policy, you will be treated as having agreed to and accepted those amendments.
2. Consent
Toyeight will only process your personal data in accordance with the Malaysia’s Personal Data Protection Act 2010 / Singapore’s Personal Data Protection Act 2012 (PDPA) / Indonesia’s Personal Data Protection Law (PDP Law) No. 27 of 2022, the applicable regulations, guidelines, orders made under the Malaysia’s Personal Data Protection Act 2010 / Singapore’s Personal Data Protection Act 2012 (PDPA) / Indonesia’s Personal Data Protection Law (PDP Law) No. 27 of 2022 and any statutory amendments or re-enactments made of the Malaysia’s Personal Data Protection Act 2010 / Singapore’s Personal Data Protection Act 2012 (PDPA) / Indonesia’s Personal Data Protection Law (PDP Law) No. 27 of 2022 from time to time (collectively referred to as the "PDPA") as well as this Data Protection Policy.
By providing your personal data to Toyeight, visiting our website, and using our products and services, you are deemed to have read and accepted the policy herein;
You are also deemed to have consented to the processing of your personal data by Toyeight in the manner set out herein. If you provide personal data of third parties to Toyeight, you warrant and represent to Toyeight that you have obtained the required consent of the third parties for the processing of the relevant personal data by Toyeight in the manner set out herein.
3. Use of Your Information
Toyeight collects individually identifiable information using our proprietary system as well as anonymous information aggregated on the system, and uses such information to provide updates and information from Toyeight to you, to improve Toyeight’s or third party’s products or as a reference to their product development. If such information was collected in connection with other services provided by Toyeight, Toyeight will address such information appropriately in accordance with our End User License Agreement, privacy policy or any other terms and conditions provided in connection with the said other services.
4. Notice and Choice Principle Statement
Toyeight may collect personal data from you during the course of your dealings with Toyeight or for the purpose of Toyeight’s business activities. Such personal data may include (but not limited to) name as per identity card, preferred name, identity card/passport number, age, contact number, biometric data, residential address, email address, birth date, gender, race, nationality, behavioural data, occupation, designation, bank account or payment details, information of spouse/children such as name and birth date, information of your company such as name, registration number and address, information as to physical or mental health, religious beliefs or other beliefs of a similar nature and such other data necessary for the purposes which the personal data is collected. Toyeight may "process" your personal data by way of collecting, recording, holding, storing and/or using it. The personal data provided by you to Toyeight may be processed by Toyeight for the following purposes:-
to administer the business or contractual relationship between Toyeight and you and/or your company;
to communicate with you and/or your company to maintain and improve customer relationship;
to administer customer relationship management procedures;
to provide you with information about the activities, products, services, events and programmes that may be organized, managed, facilitated, provided, sponsored and/or participated by Toyeight
to provide you with information about the products, services, events and programmes offered by selected third parties that may interest you;
to facilitate payment in connection with the business or contractual dealings between Toyeight and you and/or your company;
to conduct research, study, assessment, survey and/or prepare reports/statistics for purpose of Toyeight’s business activities;
to process and analyse your personal data either individually or collectively with other individuals;
to share any of your personal data with Toyeight business partners to jointly develop products and/or services or launch marketing campaigns;
to maintain and update internal record keeping, files and contact lists;
to respond to your enquiries;
to comply with any legal or regulatory requirements applicable to Toyeight, and to make disclosure under the requirements of any law, regulation, direction, court order, by-law, guideline, circular or code applicable to Toyeight;
for recruitment of employees;
for internal administrative purposes;
for Toyeight’s internal record keeping; and/or
other lawful business activities of Toyeight.
Toyeight will seek your separate consent for any other purposes which do not fall within the categories stated above.
Toyeight will not sell, rent, transfer or disclose any of your personal data to any third party without your consent. However, the personal data provided by you may, if required, be disclosed to the following classes of third parties;
Toyeight’s group of companies including the Toyeight’s parent/holding company, subsidiaries, successors in title, related and/or associated companies inside or outside the relevant country where the service is provided;
Toyeight’s sub-contractors or third party service or product providers as may be determined by Toyeight to be necessary or appropriate;
Financial institutions for purposes of facilitating payments and/or maintaining financial records in connection with the business or contract relationship between Toyeight and you and/or your company;
Government bodies and agencies inside or outside the relevant country where the service is provided including strategic partners that work with Toyeight in connection with our business activities or any event or programme;
Any party nominated or appointed by Toyeight either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where Toyeight has a legitimate common interest;
The data centres and/or servers located inside or outside the relevant country where the service is provided for data storage purposes;
Any party in relation to legal proceedings or prospective legal proceedings;
Agents, contractors, auditors, consultants, accountants, insurers, lawyers or other financial or professional advisers of Toyeight;
Regulatory bodies, government bodies or other authorities if required or authorized to do so to discharge any regulatory function under any law or in relation to any order or judgment of a court;
Any person to whom Toyeight is compelled or required to do so under the law;
Toyeight’s business partners, third party product and/or service providers, suppliers, vendors, distributors, contractors or agents, on a need to know basis, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business;
The personal data processed by Toyeight is collected from you or provided by a third party to Toyeight for the aforesaid purposes.
a) Please note the collection of your personal data by Toyeight may be mandatory or voluntary in nature depending on the Purposes for which your personal data is collected. Where it is mandatory for you to provide Toyeight with your personal data, and in the event you fail or choose not to provide Toyeight with such data, or do not consent to the above or this Data Protection Policy, Toyeight will not be able to provide our products and/or services or otherwise deal with you.
b) Toyeight assumes that all personal data provided by you are accurate, complete, and that none of it is misleading or out of date. You will promptly update Toyeight in the event of any change to your personal data. You have a right to request for access to and for correction of your personal data. You may also choose to limit the processing of your personal data. If you would like to make any of such requests, kindly submit your request in writing to Toyeight at the postal/email address specified in Item 12. Toyeight may charge you an administration fee for such requests.
c) In addition, you are also given the right to inform Toyeight on the withdrawal (in full or in part) of your consent given previously to Toyeight subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for such withdrawal of consent to be effected. However, your withdrawal of consent could result in certain legal consequences. In this regard, depending on the extent of such withdrawal of consent for Toyeight to process your personal data, it may mean that Toyeight will not be able to continue the existing relationship with Toyeight and/or the contract that you have with Toyeight will have to be terminated.
d) You are also entitled to request for transmission of your personal data from us to another data controller of your choice directly by giving us a notice in writing by way of electronic means. However, this request for data portability is subject to technical feasibility and compatibility of the data format.
If you have any inquiries or complaints in respect of the personal data, kindly communicate to Toyeight in writing at the postal/email address specified in Item 12.
5. Security of Your Personal Data
a) Toyeight has implemented security policies and technical measures to protect your personal data in accordance with such requirements of the applicable personal data protection laws and regulations, including the appointment of Data Protection Officer(s) who shall be accountable to Toyeight for the company's compliance with PDPA. Where Toyeight considers it necessary or appropriate for the purpose of data storage or processing, Toyeight may transfer the personal data to a third party service or product providers inside or outside the relevant country the service is provided, under similar level of security measures as implemented under the relevant PDPA, or if that place ensures an adequate level of protection in relation to the processing of personal data which is at least equivalent to the level of protection afforded by PDPA.
b) Toyeight will make reasonable updates to its security measures from time to time and ensure the usage of your personal data by the authorised third parties only for the purposes set out in this policy.
c) The Internet is not a secure medium. However, Toyeight will secure various security procedures with regard to our website and your electronic communications medium with us. All Toyeight’ employees and data processors, who have access to, and are associated with the processing of your personal data, are obliged to respect the confidentiality of your personal data.
d) Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the World Wide Web/Internet. Toyeight cannot and does not accept responsibility for any unauthorised access or interception or loss of personal data that is beyond our reasonable control.
e) Toyeight information technology storage facilities and servers may be located in other jurisdictions outside the relevant country where the service is provided. This may include, but not limited to, instances where your personal data may be stored on servers located outside the relevant country where the service is provided. In addition, your personal data may be disclosed or transferred to entities located outside the relevant country where the service is provided or where you access the website from countries outside the relevant country where the service is provided. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered inside the relevant country where the service is provided under the laws of the relevant country where the service is provided. You hereby expressly consent to us transferring your personal data outside of the relevant country where the service is provided for such purposes. Toyeight shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of the relevant country where the service is provided shall not use your personal data other than for that part of the Purposes and to adequately protect the confidentiality and privacy of your personal data.
f) Where Toyeight has reason to believe that a personal data breach has occurred, Toyeight shall take all necessary steps to notify the Personal Data Protection Commissioner as soon as practicable, as required under the relevant law and regulations.
6. Retention of your Personal Data
Toyeight will retain the personal data provided to us for as long as the purposes for which the personal data was collected continues; your personal data is then destroyed or anonymised from Toyeight’s records and system in accordance with our retention policy in the event your personal data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax or accounting requirements.
7. Personal Data from Minors and Other Individuals
a) To the extent that you have provided (or will provide) personal data about your family members, spouse, other dependents (if you are an individual), directors, shareholders, employees, representatives, agents (if you are a corporate entity/an organisation) and/or other individuals, you confirm that you have explained (or will explain) to them that their personal data will be provided to, and processed by Toyeight and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their personal data in accordance with this Privacy Policy.
b) In respect of minors (i.e. individuals under 18 years of age) or individuals not legally competent to give consent, you confirm that you are the parent or guardian or person who has parental responsibility over them or the person appointed by court to manage their affairs or that they have appointed you to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their personal data in accordance with this policy.
8. Website
a) External links
If any part of our website links you to other websites, those websites do not operate under this policy and we do not accept any responsibility or liability arising from those websites;
If you subscribe to an application, content or a product from Toyeight’s strategic partner and you subsequently provide your personal data directly to that third party, that personal data will be subject to that third party's privacy/personal data protection policy (if any) and not to this Personal Data Policy;
We recommend you to read and understand the privacy/personal data protection statement/policy posted on those other websites in order to understand their procedures for collecting, processing, using and disclosing personal data and before submitting your personal data to those websites.
9. Cookies
a) Toyeight employs an industry standard technology called "cookies". The cookie is a small piece of information stored on the hard drive of your computer or device for record-keeping purposes, and is used by us to track your visits to Toyeight’s website. Cookies may be used to save your preferences for your ease and convenience when using the website. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements;
b) The type of anonymous click stream data collected by Toyeight through the cookies may include your Internet Protocol address, web browser software, date and time of visit to Toyeight’s website, and whether your requests (including search requests and clicking on links to parts of Toyeight website) were met with successfully. All such information collected through cookies is not personal data and you cannot be identified from this information. Such information is only used for the purpose of managing and creating a better user experience, analysing the traffic on the website and to identify areas for improvement on Toyeight’s website.
c) The use of cookies is now an industry standard, and you will find them used on most major websites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that certain features on Toyeight’s website will not function properly if you set your browser to not accept cookies.
10. Disclaimer and Limitation of Liability
You shall use Toyeight at your sole risk. No Information or advice provided by Toyeight creates a warranty. The system is provided on an “as is” basis without warranty of any kind. To the greatest extent permitted by law, Toyeight disclaims any and all warranties with respect to the system, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Toyeight shall assume liability for damages caused by reasons attributable to Toyeight (except for any incidental, special, consequential, exemplary, indirect or punitive damages); provided however, that except in cases of wilful misconduct or gross negligence by Toyeight and to the greatest extent permitted by law, Toyeight will not be liable for any damages incurred by you or a third party beyond the extent normally expected in connection to your access, use, misuse, or inability to use the system or data on the system, or termination or cancellation of this policy, even if Toyeight has expected the possibility of such disadvantage or damages. In any event, Toyeight’ aggregate liability to you in connection with any claims arising out of or relating to the system is limited to the amount you actually paid for the system, except in cases of wilful misconduct or gross negligence by Toyeight and to the greatest extent permitted by law. If a law restrict Toyeight’s ability to limit liability or disclaim warranties, the limitations listed above may not apply to you. In that case, Toyeight limits our liability and disclaims warranties to the greatest extent permitted by law. For avoidance of doubt, nothing herein shall exclude or restrict Toyeight’s liability for death or personal injury resulting from Toyeight negligence.
11. Discrepancies
The latest version of this Privacy Policy shall prevail.
12. Toyeight Contact Details
In the event of any inquiry, you may contact Toyeight at:-
TOYBOX CREATIONS AND TECHNOLOGY SDN BHD,
Registered address:-
A2-19-3A, SOHO SUITES @ KLCC,
20, JALAN PERAK,
50450, KUALA LUMPUR.
Business Address:-
E-01-02, BLOCK E PLAZA MONT KIARA,
JALAN KIARA, MONT KIARA WP 50480,
KUALA LUMPUR.
Attn: Toyeight service team
E-mail: info@toyeight.com