Introduction

We value your privacy and are committed to protecting your personal data. This Privacy Notice explains how members of the Setia Awan Group collect, process, and manage your personal data.

Setia Awan Land Sdn Bhd issues this Privacy Notice, and it applies to the handling of personal data by Setia Awan Land Sdn Bhd, its subsidiaries, and affiliates (collectively “Setia Awan Group“, “we”, “us”, or “our”).

Your use of our websites, microsites, mobile applications, web-based applications, web-based programs, or non-digital platforms (collectively “Platforms”) in any jurisdiction, as well as your transaction at any point of sale, are subject to this Privacy Notice and the terms and conditions issued by the relevant Setia Awan Group member identified as transacting with you.

Your Consent

We will obtain your consent to collect and process your personal data for the purposes set out in this Privacy Notice at the time of collection, subject to certain legally prescribed circumstances where your consent is not required.

Where applicable, we obtain your express consent to collect your personal data when you perform any of the activities as set out in the section titled “Personal Data We Collect From You”. For instance, you may be asked to fill in a form, tick a box, and click a button to indicate your consent to be bound by the terms and conditions of this Privacy Notice.

In addition, when you use our Platforms, you consent to us collecting and processing your personal data in accordance with this Privacy Notice.

If you do not consent to this Privacy Notice, we may not be able to fulfil certain contractual obligations with you, provide certain products to you, or render certain services to you.

Personal Data We Collect From You

Your personal data is any information that relates directly or indirectly to you. It includes the information that you provide to us, that we collect, or that we receive from any third parties acting on your behalf. It does not include anonymous data, whereby the identity has been removed so that it can no longer be associated with you.

We may collect, process, use, store, and transfer different types of personal data about you to the extent permissible under the applicable laws and regulations:

Basic Personal Data

• Identity Data includes first name, last name, national identification number, titles, signature, audio, photographs, CCTV, and video recordings of you.
• Contact Data includes residential address, postal address, email address, phone number, and social network details.
• Demographic Data includes date of birth, age, gender, race, ethnicity, citizenship, marital status, household income, education, professional and employment information, and household information.
• Psychographic Data includes your interests, preferences, values, hobbies, and lifestyles.
• Profile Data includes username and password, social media accounts, and transaction history.
• Device Information and Online Activity Data includes information about your device and online identifiers, browser type, IP addresses, cookies, and how you use our platforms, products, and services.
• Geolocation Data includes GPS coordinates (latitude, longitude), and location history (places visited).

Sensitive Personal Data

We may sometimes need to collect sensitive personal data from you. We only do so if it is necessary and with your consent, to the extent permissible under the applicable laws and regulations:

• Financial Data includes credit check results, banking information, payment card, or digital wallet details.
• Health and Medical Data includes information about any medical history, allergies.
• Biometric Data includes fingerprints, facial recognition data, and voiceprints.
• Political opinions.
• Religious beliefs.

How We Use Your Personal Data

We process your data based on your consent, our legitimate interests, our legal obligations, and the necessity to fulfil our contractual obligations to you. We may use your data together with other information we collect for one or more of the following purposes (“Purposes”):

• perform or carry out contractual obligations arising from any contracts between you and us (i.e. purchase and delivery of products and/or services).
• enable our contractors, subcontractors, third-party agents, and service providers to fulfil obligations as stipulated in your contract with us.
• process billing, payment, and other credit-related activities arising from your transaction with us.
• administer and update your records in our databases.
• monitor and maintain a copy of your previous transactions.
• facilitate the delivery, maintenance, and enhancement of our products, services, programmes, activities, and events.
• plan, monitor, and enhance the provision of new products, services, projects, programmes, activities, and events.
• provide a personalised recommendation of relevant products and services to you via various communication channels, including email, SMS, voice call, social messaging applications, and in-person communication.
• conduct direct or indirect marketing activities (including promotions and offers) on our platforms or through other communication channels.
• perform cross-marketing activities (e.g. you may receive recommendations of products and services offered by other Setia Awan Group members in addition to the products or services you signed up for).
• conduct research and data analytics for business and administrative processes.
• train artificial intelligence models and use them for automated decision making.
• improve our customer service through your feedback and recommendations.
• process your inquiries for any other ancillary administrative purposes.
• assist in legal investigation and enforcement purposes.
• comply with or fulfil regulatory requirements.
• conduct security, surveillance, and monitoring activities.
• protect or defend our property, services, and legal rights.
• prevent fraud against the Setia Awan Group and others.
• take emergency measures to ensure the safety of our customers, personnel, or the public.
• purposes incidental to each or all of the above.

Sources of Personal Data

We collect your personal data from a variety of sources, including but not limited to the following:

• When you sign up for an account on our platforms.
• Your execution of any contract with us or purchase of any products or services from us.
• Your visit to the premises or use of the facilities owned, operated, or managed by us or on our behalf, including sales galleries, golf clubs, convention centre, sports complex, and shopping malls (collectively “Premises”).
• When you or your representative fills in forms such as sales forms, leasing forms, membership forms, visitor logbook, inquiry forms, or other forms made available on our platforms or premises.
• Your participation in any event organised by our affiliated service provider, business partners, or us.
• Your participation in our surveys, focus groups, or market research activities.
• You contact us via communication channels (e.g. email, phone, SMS, social media platforms, or otherwise) for any query or to provide feedback.
• Third-party sources, including business partners, service providers, credit reference agencies, financial institutions, regulatory bodies, and law enforcement agencies.

Who Has Access to Your Data

We may share or disclose some or all of your personal data to the following parties in connection with the Purposes described in this Privacy Notice:

• any member within the Setia Awan Group, including our subsidiaries and affiliates.
• business partners that we cooperate with based on contractual arrangements or joint ventures.
• contractors, subcontractors, service providers, suppliers, or agents.
• joint management body (JMB), management corporation (MC), residents’/owners’ association (RA) or other body/entity formed or to be formed in relation to our property development projects.
• professional advisers, including consultants, bankers, lawyers, insurers, auditors, and agencies who provide consultancy, banking, legal, insurance, accounting, credit reporting, and background check services.
• Facebook, Instagram, TikTok, YouTube, LinkedIn or any social media platforms that we may use from time to time (if you use your account with them to sign up/in with us), if applicable.
• governmental bodies (including semi and quasi-governmental bodies), regulatory and/or supervisory authorities, law enforcement bodies.
• any person or entity to whom we are required or requested to make such disclosure by any court of competent jurisdiction or by any governmental, taxation, or other regulatory authority, law enforcement agency, or similar body.
• analytics and search engine providers that assist us in the improvement and optimisation of our platforms.
• our actual or potential assignee, assignor, transferee, transferor, acquirer, or acquiree in respect of our rights, interests, and properties.
• third parties due to any actual or potential corporate restructuring or exercise (including but not limited to merger, acquisition, and/or the restructuring of our business, assets, and/or liabilities).
• such third party as requested for or authorised by you.
• any other third parties for any of the purposes.

Security of Your Personal Data

All electronic storage and transmission of your personal data is secured and stored on managed servers with controlled access and appropriate security technologies.

We implement a variety of organisational, information security, and technical measures to protect your personal data against loss, misuse, destruction, unauthorised access, unauthorised modification, or similar risks. To maintain the confidentiality and integrity of your personal data, we will only share your data on a need-to-know basis.

When we engage third parties to process personal data on our behalf, we will ensure they provide sufficient guarantees to us to have implemented the necessary organisational, information security, and technical measures, and have taken reasonable steps to comply with these measures.

Use of Cookies

We use cookies to collect information about your online activity on our Platforms. A cookie is a small text file created by a website that is stored in your computer to provide a way for the website to recognise you and keep track of your preferences. The cookie makes it convenient for you such that you do not have to retype the same information again when you revisit the website or fill out electronic forms.

You may choose not to accept cookies by turning off this feature in your web browser. Note that by doing so, you may not be able to use some of the features and functions on our Platforms.

Location and Transfer of Personal Data

We may collect and process your personal data in countries other than your country of residence or the country from which you provided us with your personal data. These other countries may not have the same data protection laws as the country in which you reside or provide personal data.

Where there is a need to transfer your personal data to other countries for the Purposes described in this Privacy Notice, we will ensure the transfer is accorded with similar levels of data protection as those in your country.

Retention of Your Personal Data

We retain your personal data for as long as it is necessary to fulfil any of the Purposes as outlined in this Privacy Notice, to satisfy our business or legal requirements, to properly resolve disputes, or to troubleshoot problems.

In determining the retention period, we consider the amount, nature, and sensitivity of the personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.

In addition, certain information may be stored indefinitely due to technical constraints and will be blocked from further processing for purposes that are not mandatory by law.

Your Obligations

You must ensure all personal data submitted to us is complete, accurate, true, and up to date at the time of submission. We will not be liable for any damage, claim, and/or harm suffered by you due to your failure to provide or update us with your complete, accurate, true, and up-to-date personal data.

If you do not provide complete, accurate, true, and up to date personal data to us, we may not be able to fulfil certain contractual obligations with you, provide certain products to you, or render certain services to you.

If you provide us with the personal data of another individual (such as a family member, dependent, guarantor, or any other person), you agree and confirm that you have obtained that individual’s consent for their personal data to be collected, used, disclosed, and processed by us in accordance with this Privacy Notice. You are responsible for ensuring that the individual is made aware of this Privacy Notice and the purposes for which their personal data is being processed.

Your Rights

Subject to a prescribed fee, you have the right to request access, rectification, erasure, restriction, and portability of your personal data. You can also object to the processing of your personal data or withdraw your consent at any time.

Please contact us via dpo@setiaawan.com should you wish to exercise your rights. Before we accede to your request, we may need to verify your identity by sighting your national personal identification document.

Personal Data of Minors and Others

In respect of personal data relating to a minor (i.e. individuals under 16 years of age, “Minor”), please note we require consent from the Minor’s parent or guardian or person who has parental responsibility over the Minor.

In respect of personal data relating to an individual who is deemed incapable of managing his/her own affairs (“Special Person”), please note that we require consent from the person appointed by a court to manage the Special Person’s affairs or the person who has been legally or validly authorised to act on the Special Person’s behalf.

Where applicable, you hereby confirm that you are authorised to act on the Minor’s or the Special Person’s behalf as described above and that you consent, on the Minor’s or the Special Person’s behalf, to the processing (including disclosure and transfer) of the Minor’s or the Special Person’s personal data in accordance with this Privacy Notice.

Amendments

We recognise that data privacy is an ongoing responsibility. We may update this Privacy Notice from time to time. We will notify you of any material amendments to this Privacy Notice via notices on our Platforms, email, or other appropriate means.

By continuing to engage with us or accessing our Platforms after the issuance of the revised Privacy Notice, you will be considered as having agreed to the revised Privacy Notice.

Conflict

In the event of any conflict between the English version and the Bahasa Malaysia version of this Notice, the English version shall prevail over the Bahasa Malaysia version.

Contact Us

If you have queries, requests, or complaints, or would like to exercise your rights, please contact our Data Protection Officer at dpo@setiaawan.com. Any query, request, or complaint should include at least the following details:

• Your full name and contact details.
• Brief description of your query, request, or complaint.