DATA PRIVACY NOTICE

This data privacy notice (“Privacy Notice”) is issued by Financial Markets Ombudsman Service (“FMOS”, “we”, “us” or “our”) pursuant to the statutory requirements of the Personal Data Protection Act 2010 (“PDPA”), to:

  • members of FMOS (“Members”);
  • persons who have submitted a complaint or dispute against any Member(s) for the purpose of resolution of the claim or dispute by FMOS (“Complainants”);
  • members of the general public who interact with FMOS, or who visit and access the FMOS website.


What Kind of Personal Data We Collect?

Personal data means any information in our possession that relates directly or indirectly to an individual to the extent that the individual can be identified from that and from other information in our possession, which for the purpose of this Privacy Notice, includes:

  • information that you provide to us, such as your name, address, telephone numbers, NRIC No., passport number, date of birth, email address, occupation etc.;
  • information collected to facilitate the resolution of a dispute / claim lodged by or against you, such as details of the dispute, details of product(s) or service(s) to which the dispute relates, the amount claimed, information relating to actions taken in respect of the dispute, any other supporting information or document relating to the dispute, etc.;
  • information collected from third parties or other permissible or authorised sources, such as where you have given your consent via third parties to disclose to us information relating to you.

Personal data for purposes of this notice may, where applicable, include sensitive personal data as defined under the PDPA which means any personal data consisting of information as to the physical or mental health or condition of a data subject, his political opinions, religious beliefs or other beliefs of a similar nature, the commission or alleged commission by him of any offence or any other personal data as the Commissioner may determine.


How We Use Your Personal Data

Where you are a Complainant who has lodged a complaint with FMOS:

  • to assess your eligibility to submit your claim or dispute to us for resolution;
  • assess and process claims or disputes lodged by you;
  • identify and investigate the issues raised in a complaint lodged by you;
  • seek independent reports from any expert, legal adviser or any other source when necessary;
  • where the dispute has been resolved, for enforcement of the decision reached by FMOS or to enforce the settlement agreement entered between you and the other party to the complaint;
  • carry out, manage and/or maintain your relationship with us, your disputes and dealings with us;
  • process your payments, including billing you, maintaining financial records, assessing or verifying credit/debit card details and facilitating payments of any amount due to us and all related financial matters;
  • provide you with service, support, management and other related services, including to respond to your enquiries or complaints;
  • promote our events and/or services, or promote events and/or services of third parties which we think may be of interest or educational to you via promotional events (whether organised by FMOS or third parties), dissemination of educational materials or survey forms or such other methods, as the case may be;
  • conduct or carry out research, survey, evaluation, or analysis for preparation of reports or educational materials for awareness purposes;
  • comply with reporting and regulatory obligations;
  • any other purposes that are necessary or related to your relationship with us; and
  • for purposes as set out in FMOS Rules.

Where you are a FMOS Member:

  • to assess and process claims or disputes lodged against you;
  • identify and investigate the issues raised in a complaint lodged against you;
  • seek independent reports from any expert, legal adviser or any other source when necessary;
  • where the dispute has been resolved, for enforcement of the decision reached by FMOS or to enforce the settlement agreement entered between you and the other party to the complaint;
  • carry out, manage and/or maintain your relationship with us, your disputes and dealings with us;
  • process your payments, including billing you, maintaining financial records, assessing or verifying credit/debit card details and facilitating payments of any amount due to us and all related financial matters;
  • provide you with service, support, management and other related services, including to respond to your enquiries or complaints;
  • promote our events and/or services, or promote events and/or services of third parties which we think may be of interest or educational to you via promotional events (whether organised by FMOS or third parties), dissemination of educational materials or survey forms or such other methods, as the case may be;
  • to receiving updates, news, promotional and marketing mails or materials from FMOS in relation to any events organised by FMOS;
  • conduct or carry out research, survey, evaluation, or analysis for preparation of reports or educational materials for awareness purposes;
  • comply with reporting and regulatory obligations;
  • any other purposes that are necessary or related to your relationship with us; and
  • for purposes as set out in FMOS Rules.

Where you otherwise interact with FMOS / visit the FMOS website:

  • to respond to and address your enquiries or requests, or otherwise provide you with requested information;
  • to process any applications or other forms submitted by you and where relevant, to assist you with any application process;
  • provide you with service, support, management and other related services;
  • carry out, manage and/or maintain your relationship with us;
  • promote our events and/or services, or promote events and/or services of third parties which we think may be of interest or educational to you via promotional events (whether organised by FMOS or third parties), dissemination of educational materials or survey forms or such other methods, as the case may be;
  • to provide you updates, news, promotional and marketing mails or materials from FMOS in relation to any events organised by FMOS;
  • to allow you to utilise the FMOS website, such as to submit questions to us through the website;
  • to provide relevant information to you while browsing the FMOS website;
  • to ensure the continued functioning of the FMOS website, including to ensure the quality of our services and interactions with you; and
    • any other purposes that are necessary or related to your relationship with us;

(collectively referred to as “Purposes”).

Please note that we may also anonymise or aggregate your personal data by excluding information (such as your name) that make the data personally identifiable to you (“Anonymous Information”), which may adopt a nature or format including a summary of statistics by sectors or nature of cases and any synopsis of individual cases without revealing the identity of the parties to the disputes. This Anonymous Information may be used for the purpose of research, evaluation and educational purposes.

We may obtain your personal data from yourself and from a variety of sources, including from third parties connected with you and from such other sources to which you have given your consent to disclose your personal data (e.g. information collected when you visit our website).

We will process your personal data in accordance with the PDPA, its applicable regulations, guidelines and/or orders, taking into account the latest amendments to the foregoing, this Privacy Notice and any privacy terms contained in your agreement(s) or terms of use with us.


Disclosure of Your Personal Data

We will not disclose any of your personal data to any third party without your consent, whether within or outside Malaysia, except to:

  • FMOS, its employees, directors, external mediators and adjudicators/ombudsmen, SIDREC Appeals Committee (SIAC) under the predecessor dispute resolution scheme and agents;
  • our experts, professional advisers, vendors, suppliers, agents, contractors, service providers, business partners, insurance companies, banks, financial institutions, in connection with any of the Purposes above, including third party service providers who personalize the types of information that we receive from you and to customize, improve and develop content and functionality to help us provide you with better products and/or services;
  • successor in title to us;
  • any governmental agencies, regulatory authorities and/or statutory bodies;
  • parties (including but not limited to its advisers/representatives) in connection with any corporate exercise, e.g. any proposed or actual mergers and/or acquisitions, joint venture, funding exercise, asset sale or for any other matter of such nature which relates to us;
  • the Securities Commission Malaysia and Bank Negara Malaysia, in relation to information relating to any trends, typologies or misconduct that have arisen from a dispute or disputes;

and where necessary, to any party who undertakes to keep your personal data confidential in carrying out the Purposes mentioned above or to persons whom we are compelled or required under the law to make such disclosure to.


What If Personal Data Provided by You Is Incomplete?

It is necessary for us to collect and process your personal data. If you do not provide us with your personal data, we will not be able to effectively provide you with our services or process your personal data for any of the Purposes, if at all.


Your Rights to Access and Correct Your Personal Data

We are committed to ensuring that your personal data is stored securely and will store your personal data only for such duration as necessary and/or as per the PDPA permits and as per FMOS’ policy. You have the right to request for access to, request for a copy of and request to update or correct, your personal data held by us. You also have the right at any time to request us to limit the processing and use of your personal data (for example, requesting us to stop sending you any promotional materials or contacting you for educational or promotional purposes), subject to our right to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data.

Your written requests or queries should be addressed to:

Attention : Data Protection Officer (DPO)

Address : Financial Markets Ombudsman Service (FMOS)

Level 14 Main Block, Menara Takaful Malaysia

No. 4, Jalan Sultan Sulaiman

50000 Kuala Lumpur

Contact No. : +60 3 2272 2811

Email Address : dpo at fmos dot org dot my

By providing your personal data to us, you consent to us processing your personal data in accordance with this Privacy Notice, and you confirm that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data.

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, us 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 Notice.

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 Privacy Notice.

Amendments to This Privacy Notice

We reserve the right to update and amend this Privacy Notice from time to time. We will notify you of any amendments to this Privacy Notice via announcements on our website or other appropriate means. If we amend this Privacy Notice, the amendment will only apply to personal data collected after we have posted the revised Privacy Notice.

In accordance with Section 7(3) of the PDPA, this Privacy Notice is issued in both English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version, the English version shall prevail.

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