The objectives of this Policy are to:
– Provide a set of privacy and personal data protection standards that govern our procedures and protect the privacy of your personal data.
– Demonstrate our on-going commitment to protecting your privacy and addressing any privacy concerns that you might have.
– Describe the ways in which we collect, use, disclose and retain your personal data.
– Ensure that we comply with the PDPA.
– Facilitate our compliance with any further developments in the protection of personal data.
3. Type of Personal Data
Generally, some of the Services require us to know who you are so that we can best meet your needs. When you sign-up on our Website, access the Services, submit information, or through any interaction with us via application or registration forms, emails, telephone calls, short messaging services, texts or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you.
Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
(a) contact data (name, NRIC, passport or other identification number, telephone number(s), mailing address, email address, personal interests, and any other information provided us in any forms you may have submitted to us, interaction with SparkFit and its agents/employees, or through opening an account with SparkFit);
(b) other information that you voluntarily choose to provide to us (such as information shared by you with us through emails);
(c) financial information;
(d) information received by body corporate under lawful contract or otherwise;
(e) your use of our Services;
(f) email and telephone call data records;
(g) your use of our Website and Services, including cookies, IP address, policy and usage history information; and
(h) your usage of and interaction with our Website and/or services including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our Website.
The information collected from you by SparkFit may constitute Personal Data under the PDPA.
“Personal Data” is defined under the PDPA means any information in respect of commercial
– is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose;
– is recorded with the intention that it should wholly or partly be processed by means of such equipment; or
– is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system,
that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010.
SparkFit will be free to use, collect and disclose information that is freely available in the public domain without your consent.
Information that is business contact information such as your name, position name or title, business telephone number, business address, business electronic mail address or business fax number and any other similar information about you, which are not provided by you for personal purposes, will not be regarded as Personal Data under the PDPA. Your consent to us collecting, using and disclosing any business contact information will not be required.
4. Control of Personal Data
SparkFit is the controller of your personal data.
5. Collection of Personal Data
Personal Data may be collected by us through processes including, but not limited to the following:
(a) when you subscribe or register on our Website with us for an account;
(b) when you access our Website or submit information;
(c) when you interact with any of our employees;
(d) when you sign up to be included in an email or other mailing list;
(e) when you request that we contact you; and
(f) when individual submits his/her Personal Data to SparkFit for any other reason.
Information that you submit via any of our Website shall be deemed to be collected by us with your permission. Such information may include but is not limited to your name, contact and fax numbers, home, work and email addresses, date of birth, and other information necessary to the provision of Services.
6. Purposes for which we collect and use Personal Data
SparkFit may collect, use or disclose your personal data only for the following purposes:
(a) for the specific purpose for which the information was provided;
(b) to verify your identity;
(c) to share service seeker or service purchaser details with service provider so the service provider can contact and identify the service seeker or service purchaser;
(d) to share service provider details with the service seeker or service purchaser so the service seeker or service purchaser can identify, assess, contact the service provider to facilitate the purchase of service;
(e) to comply with any compliance and disclosure requirements of any and all governmental and/or quasi government departments, agencies, regulatory and/or statutory bodies;
(f) to comply with any legal obligation binding on us under any law, rule, regulation, by-law, order, guideline, directive, policy and such other requirements in force and as amended from time to time;
(g) for the purposes of record-keeping in the ordinary course of SparkFit’s business;
(h) any purposes relating to the activities on our Website;
(i) to confirm your identity and ensure that you are eligible to access and use the services provided on our Website;
(j) to process and, where necessary, respond to your application(s), enquiry(s), or request(s);
(k) to enable SparkFit to comply with all of its legal and regulatory obligations;
(l) to inform or update you about products, or services that you request from SparkFit or that may interest you, where you have consented to be contacted for such purposes;
(m) to update you about changes to our Website or SparkFit’s operations;
(n) to monitor, improve, and administer our Website and the services provided through it, and conduct statistical or other forms of analysis for purposes of maintaining or improving our Website and SparkFit’s services in general; or
(o) to comply with all proceedings or inquiries from any state, regulatory, or enforcement agency;
(p) that a reasonable person would consider appropriate in the circumstances; and
SparkFit collects and uses the Personal Data that you provide to us depending on your relationship with us (e.g. as a customer, or other person relating to SparkFit).
7. Consent to Collection of Personal Data
SparkFit shall not collect, use or disclose your personal data unless:
(a) you consent to the collection, use or disclosure of your personal data;
(b) the collection, use or disclosure of your personal data is necessary for us to perform our contractual obligations owed to you and providing services to you;
(c) the collection, use or disclosure of your personal data is required or authorised under the PDPA or other written law; or
(d) the collection, use or disclosure of your personal data is in accordance with the protection of our legitimate interests.
SparkFit shall not, as a condition of providing a product or service to you, require you to consent to the collection, use or disclosure of your personal data beyond what is reasonable to provide the product or services to you.
SparkFit shall not obtain or attempt to obtain your consent for collecting, using or disclosing personal data by providing false or misleading information with respect to the collection, use or disclosure of your personal data, or use deceptive or misleading practices.
As part of our continuous effort to keep you informed on our new product and services, we may mail, email, WhatsApp, telephone and contact you by any other means. Information sent to you may also include upcoming special events, seminars or other relevant information that may be of interest to you.
You will always have the option to decline any or all of these communications by following the directions included in our emails or other communications, or by contacting SparkFit directly at info@SparkFit.com.
SparkFit may collect and use personally identifiable information that you volunteer, or other behavioural data and big data generated.
8. Disclosure of Information
SparkFit will not sell or rent your personal information to any third party. Information you provide to SparkFit will be disclosed to third parties where:
– you have expressly consented to such disclosure;
– such disclosure is a necessary part of the process of seeking and contacting a service provider or identifying and contacting a service seeker or service purchaser;
– necessary to provide you with the products and/or services you have requested for, or to respond to your queries;
– necessary for the operation of our Website or SparkFit’s internal processes;
– required by any government, statutory, or regulatory authority, or to comply with any applicable law, court order, directive, or proceeding of such authority;
– SparkFit believes, in good faith, that doing so will be appropriate or necessary for it to investigate and defend against any third-party claims or allegations, or prevent or stop any illegal activity, security breaches, or harm to our Website, SparkFit’s interests, or any SparkFit employee;
– SparkFit is the subject of a takeover and your personal information forms part of SparkFit’s assets to be transferred to the acquiring entity; or
– you disclose such information to third parties in the course of participating in any competitions or promotional programs on our Website.
9. Additional Privacy Statements for Website and Service Users
9.1 This section applies to all Subscribers who have subscribed for our updates on our Website (“Subscribers”):
i. As part of the signing-up process that is available to Subscribers on our Website, certain information, including Personal Data is collected from the Subscribers.
iii. If you have inadvertently submitted any such information to SparkFit prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on our Website. In addition, you can, by sending an email to info@SparkFit.com, inquire whether SparkFit is in possession of your Personal Data, and you may also require SparkFit to delete and destroy all such information.
iv. SparkFit will communicate with the Subscribers through email, phone call, or WhatsApp. The Subscribers can change their e-mail address or phone number by resubscribing and sending an email to info@SparkFit.com for the deletion of previous email.
v. All SparkFit employees and data processors, who have access to, and are associated with the processing of information, are obliged to respect the confidentiality of every Subscribers’ Personal Data.
vi. To the extent necessary to provide Subscribers with the Services, SparkFit may provide their Personal Data to third party contractors who work on behalf of or with SparkFit to provide Subscribers with such Services, to help SparkFit communicate with Subscribers or to maintain our Website. Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on our Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your personal information to contractors, solely for the intended purposes only.
vii. Subscribers may choose to unsubscribe from marketing communications that they receive from SparkFit or manage their preferences via the links provided at the end of every such email and/or promotional communication.
9.2 This section applies to all Members who have registered accounts to use our Website (“Members”):
ii. All the information provided to SparkFit by a Member, including Personal Data, is voluntary. You understand that SparkFit may use certain information of yours, which has been designated as Personal Data under the PDPA, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for the transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. SparkFit also reserves the right to use information provided by or about the Member for the following purposes:
(a) Publishing such information on our Website.
(b) Contacting Members for offering new products or services
(c) Contacting Members for taking product and Service feedback.
(d) Analysing software usage patterns, trends, history, big data for our business operations, improving product design and utility.
(e) Analysing anonymised practice information for our commercial use.
If you have voluntarily provided your Personal Data to SparkFit for any of the purposes stated above, you hereby consent to such collection and use of such information by SparkFit.
iv. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on your account page or by contacting us through info@SparkFit.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or SparkFit has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, SparkFit may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where SparkFit will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
v. If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through info@SparkFit.com. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of 1 year time, your data may be anonymised and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymised data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in SparkFit being unable to provide you with its Services or to terminate any existing relationship SparkFit may have with you.
vi. If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, you may do so via your email and/or account or contact us through info@SparkFit.com.
viii. SparkFit does not collect information about the visitors of our Website from other sources, such as public records or bodies, or private organisations, save except for the purposes of registration of the Members (the collection, use, storage and disclosure of which each User must agree to in order for SparkFit to effectively render the Services).
ix. SparkFit maintains a strict “No-Spam” policy, which means that SparkFit does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
x. SparkFit has implemented best international market practices and security policies, rules and technical measures to protect the Personal Data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorised access to the Member’s electronic devices through which the Member avails the Services, SparkFit shall not be held liable for any loss whatsoever incurred by the Member.
xi. SparkFit implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of SparkFit’s business. The reasonable security practices and procedures implemented by SparkFit include, but not limited to: ensuring that any Personal Data is protected by password.
xiii. SparkFit takes all reasonable steps to ensure that all unsolicited information is destroyed immediately.
9.3 The following applies to Casual Visitors :
i. No sensitive personal data or information is automatically collected by SparkFit from any casual visitors of this Website, who are merely perusing our Website.
iii. If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by SparkFit. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as SparkFit cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of our Website.
10. Confidentiality and Security
Your Personal Data is maintained by SparkFit in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. SparkFit has implemented and will continue to maintain security measures adequate to prevent the unauthorised collection, use, disclosure, copying, modification, and disposal of your information. Nevertheless, you acknowledge and agree that communications through the Internet are not entirely secure and that any information transferred to SparkFit is done so at your own risk. SparkFit does not warrant or guarantee that the information you provide will not be accessed, copied, used, or disposed of in breach of SparkFit’s security measures, and you agree not to hold SparkFit liable or responsible for any loss or damage resulting therefrom. In the event of such a breach, SparkFit will, as far as reasonably possible, promptly notify all affected persons.
No administrator at SparkFit will have knowledge of your password. You accept that you are responsible for keeping confidential your username and password to your account with SparkFit. Be sure to log off from our Website when finished. SparkFit does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorised use of your account, you must immediately notify SparkFit by sending an email to info@SparkFit.com. You shall be liable to indemnify SparkFit due to any loss suffered by it due to such unauthorised use of your account and password.
11. Age of Consent
By using our Website, you represent that you are at least the age of 18 years old, or you have given us your consent to allow any of your minor dependents to use this Website as the case may be.
SparkFit strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although our Website and Services are not intended for use by minors, SparkFit respects the privacy of minors who may inadvertently use the internet or the mobile application.
12. Web-related Information
SparkFit may collect certain information from you without you actively providing the information when you navigate our Website via cookies. Cookies are small data text files stored in your local browser cache that send information about your previous visits to and activities on our Website. These cookies will not give SparkFit any personal information about you. SparkFit reserves the right to use the cookies to recognise your browser and thereby customise and optimise our Website to your preferences.
You can accept or delete cookies. For security reasons, you may wish to deactivate the storing of cookies or adjust your browser to inform you before the cookies are stored on your computer. However, please note that if you do erase or block the cookies, you may not be able to utilise some features on our Website. In such situations, SparkFit shall not be held liable for any loss or damage resulting from your inability to use those features.
SparkFit may also collect your Internet Protocol (IP) address. Your Internet Service Provider allocates an IP address to your computer in order for it to access the Internet. The IP address is considered to be non-personal information and it may be dynamic (changing every time you connect to the Internet) or it may be static (unique to your computer). SparkFit collects your IP address in order to facilitate its administration and improvement of our Website. The information derived from your IP address can help SparkFit diagnose server problems, report aggregate information, and determine the fastest route from your computer to our Website.
We use the following cookies:
– Strictly necessary cookies. These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website, using SparkFit’s online payment services.
– Analytical/performance cookies. They allow SparkFit to recognise and count the number of visitors and to see how visitors move around our Website when they are using it. This helps SparkFit to improve the way our Website works, for example, by ensuring that users are able to use custom features.
– Functionality cookies. These are used to recognise you when you return to our Website. This enables SparkFit to personalise its content for you, greet you by name and remember your preferences (for example, your choice of language or region).
– Targeting cookies. These cookies record your visit to our Website, the pages you have visited and the links you have followed. SparkFit will use this information to make our Website and the advertisements targeted more relevant to your interests. SparkFit may also share this information with third parties for this purpose.
13. Transfer, Storage, & Retention of Information
You may at any time inform SparkFit that you wish to withdraw your consent to such transfer, storage, or processing of your personal data.
SparkFit will retain all information collected for as long as you continue to use our Website or SparkFit’s services. If you are a Member and terminate your SparkFit account, SparkFit will retain the information, including personal data, collected during your membership for as long as reasonably necessary for any business or legal purpose. Generally, we do not retain Personal Data for a period of longer than six (6) years after the original purposes for which the Personal Data was collected have ceased to be applicable, unless otherwise required by law or other mandatory directions by court or government authorities or for purposes of legal proceedings or other similar proceedings or investigations.
SparkFit may record, and/or monitor any communication(s) (including telephone calls or other electronic communications) between you and SparkFit. SparkFit may do so in order to resolve queries in the future and/or for the purpose of ensuring security, staff training and complying with its legal and/or regulatory responsibilities.
15. Your Rights
15.1 Right to Access
You have the right to obtain confirmation from SparkFit as to whether or not SparkFit processes your personal data and, where SparkFit does so, access to the personal data and information including, the details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. SparkFit will, at your request, endeavour to provide you with copy of your personal data in SparkFit’s possession or control within a reasonable period of time.
The first copy of your personal data will be provided to you free of charge, and for any subsequent copies SparkFit may charge you a reasonable fee for administrative costs. However, please note that your right to obtain a copy of your personal data is subject to the rights and freedoms of others, and SparkFit may have to deny your request should your request adversely affect the rights and freedoms of others.
15.2 Right to Rectification
You have the right to have any inaccurate personal data about you rectified. In addition, when there are any changes to your personal data, SparkFit highly encourages you to inform SparkFit of any such changes so that SparkFit may have an accurate record of your personal data.
15.3 Right to Erasure
You have the right to request SparkFit to delete or remove your personal data where your personal data is no longer relevant to the original purposes for processing, where SparkFit may have processed your information unlawfully, where you have withdrawn your consent to SparkFit processing your personal data or where SparkFit is required to delete or remove your personal data pursuant to relevant legislation and regulations. However, please note that SparkFit may have deny your request where SparkFit is legally required to retain your personal data for, inter alia, reasons of public interest or for the establishment, exercise or defence of legal claims.
15.4 Right to Restriction of Processing
You have the right to request SparkFit to suspend the processing your personal data where you want to establish the accuracy of your personal data, where the processing of your personal data is unlawful but you do not want SparkFit to erase your personal data, where SparkFit no longer requires your personal data for the purposes of processing but you require SparkFit to retain your personal data for the establishment, exercise or defence of legal claims or where you have objected to SparkFit’s processing of your personal data but SparkFit needs to verify whether SparkFit has an overriding legitimate grounds to use your personal data.
15.5 Right to Object
You have the right at any time to object to SparkFit processing your personal data on the grounds that there is something about your particular situation that makes you want to object. In addition, you also have the right to object the processing of your personal data for direct marketing purposes. However, in some instances, SparkFit may demonstrate that SparkFit has compelling legitimate grounds to processing your personal data which may override your objection.
15.6 Right to Data Portability
You have the right to request SparkFit to transfer your personal data to you or to a third party of your choosing, in a structured, commonly used, machine-readable format. This right shall only be applicable where the processing of your personal data is carried out by automated means, and provided that the request does not affect the rights and freedom of others.
15.7 Right to Lodge a Complaint
You have the right to lodge a complaint at any time to the relevant supervisory authority. The relevant authority in Malaysia is the Personal Data Protection Commission. However, SparkFit endeavors to provide you with the best user experience and therefore would appreciate the opportunity to deal with any concerns you may have before you seek the assistance of the Personal Data Protection Commission.
15.8 Right to Withdraw Consent
You have the right to withdraw your consent at any time to SparkFit processing your personal data. However, the withdrawal of your consent shall not affect the lawfulness of SparkFit’s processing of your personal data that was based on your consent prior to your withdrawal. You may also withdraw your consent for specific forms of communication and on specific communications via the unsubscribe options as stated on SparkFit’s email or other marketing messages.
Please note that in withdrawing your consent, you acknowledge that SparkFit may not be able to provide or continue providing certain goods and/or services to you and that SparkFit may cease such provision accordingly without any liability.
To exercise any of your rights as explained above, kindly send your requests to our Data Protection Officer SparkFit, at info@SparkFit.com.
We hope that we can fulfill your requests within 30 days. In cases where we may take longer than 30 days, we will notify you and keep you updated. Notwithstanding the foregoing, you agree and acknowledge that there may be circumstances where we may be unable to accede to your request due to legal or contractual obligations.
If a Subscriber or Member uses the Services; or accesses our Website after a notice of changes has been sent to such Prospect or Member, or published on our Website, such Prospect or Member hereby provides his/her/its consent to the changed terms.
17. How to Contact Us
⭐ ⭐ ⭐ ⭐ ⭐
Your satisfaction is guaranteed. Get the best trainer recommendations based on your preferences or else, a full refund after your first call with trainer.