Personal Data Notice
This Personal Data Notice is issued pursuant to the Personal Data Protection Act 2010.
Collection/Source/Processing Of Personal Data
For persons applying to be an INDEPENDENT DISTRIBUTOR of VITAXEL, the applicant is required to furnish and complete the information and personal data set out in the Application Form & Agreement or online registration form to which this Personal Data Notice is attached or published for online registration.
If the applicant fails to provide VITAXEL the required information and personal data it shall be deemed that he/ she does not consent to VITAXEL processing his/ her personal data and accordingly VITAXEL would not be able to and would not process the application. VITAXEL does not collect nor keep any information or personal data about the applicant from any source other than those furnished by him/ her to VITAXEL as aforesaid or gathered from the sales conducted or carried out by the applicant once appointed as an INDEPENDENT DISTRIBUTOR.
VITAXEL will not process the applicant's personal data for any unlawful purpose and will only process his/ her personal data for the purposes set out in this Personal Data Notice and matters relating thereto.
Necessity And Purpose Of Collection Of Personal Data
3.1 The information and personal data furnished or required to be furnished by the applicant to VITAXEL or collected by VITAXEL is absolutely necessary and will be processed for the following purposes which is/are intimately tied up to the performance of the contractual relationship between VITAXEL and the applicant and/or INDEPENDENT DISTRIBUTOR (once appointed):
3.1.1 to calculate, bonus, commission, incentives and other benefits which may be enjoyed by the INDEPENDENT DISTRIBUTOR under the VITAXEL Compensation Plan;
3.1.2 to pay the INDEPENDENT DISTRIBUTOR the bonus and commission or other incentives or benefits as the case may be and to keep proper accounting records between VITAXEL and the INDEPENDENT DISTRIBUTOR;
3.1.3 to determine the rank and promotion in accordance with VITAXEL Compensation plan;
3.1.4 to enable the resolution of concerns or complaints;
3.1.5 to contact and notify the INDEPENDENT DISTRIBUTOR of any events or news or marketing and product updates or launching of new products, announcements, changes to VITAXEL Compensation Plan, Terms and Conditions and other happenings;
3.1.6 to procure the INDEPENDENT DISTRIBUTOR's upline and/or VITAXEL's other distributors or consultants to contact the applicant or persons named or mentioned in the Application Form, Nomination Form or other forms to render the INDEPENDENT DISTRIBUTOR their services, advise, counselling and support;
3.1.7 to share the applicant's and/or INDEPENDENT DISTRIBUTOR's information and personal data with VITAXEL Group of Companies and associate/related companies within or outside Malaysia for analysis of product sales and marketing strategy to enable VITAXEL to offer better service and products to customers and which would ultimately benefit the applicant as VITAXEL's INDEPENDENT DISTRIBUTOR.
3.1.8 to research, develop and improve VITAXEL products, services, events,
programs and multi-level marketing network platform;
3.1.9 to keep proper records and to meet all legal and regulatory requirements including but not limited to the submission of the INDEPENDENT DISTRIBUTOR's particulars and earnings from bonus, commission, incentives and other benefits; and
3.1.10 generally to discharge VITAXEL contractual obligations to the INDEPENDENT DISTRIBUTOR.
3.2 From time to time in functions, product launches, programs and events organized by VITAXEL or other parties, VITAXEL may have taken photographs, images and videos of the INDEPENDENT DISTRIBUTOR and/or his/her spouse, children, relatives and friends and the same may be published in VITAXEL websites, newsletters, brochures, advertisement, newspapers, write-ups and other media from time to time for the purpose of VITAXEL event documentation and for publication aforesaid. If the INDEPENDENT DISTRIBUTOR does not consent to us publishing such photographs or images, videos or likeness of applicant as aforesaid, the INDEPENDENT DISTRIBUTOR has to notify VITAXEL in writing of his/ her objection and VITAXEL will not make such publication(s) failing which it shall be deemed that the INDEPENDENT DISTRIBUTOR consents to such publication(s).
Failure and Refusal To Furnish Personal Data
The information and personal data aforesaid required to be furnished to VITAXEL is mandatory if the applicant intends to join VITAXEL or remain as VITAXEL's INDEPENDENT DISTRIBUTOR, as the case may be. Failure to provide VITAXEL or preventing VITAXEL from collecting or processing the information and personal data for the purposes aforesaid in item 3 above would result in VITAXEL:
4.1 being unable to process and determine whether to accept the applicant as
VITAXEL's INDEPENDENT DISTRIBUTOR;
4.2 being unable to calculate bonus, commission, incentives or other benefits and to effect such payment to the INDEPENDENT DISTRIBUTOR or submit his/ her earnings from bonus, commission, incentives or other benefits to the Inland Revenue Board;
4.3 being unable to determine the INDEPENDENT DISTRIBUTOR's rank and promotion thereby preventing VITAXEL from correctly computing the bonus, commission, incentives or other benefits earned by the applicant;
4.4 being unable to verify the compliance by the INDEPENDENT DISTRIBUTOR of the Distributor Terms and Conditions or the VITAXEL Compensation as the case may be;
4.5 being unable to contact and notify the INDEPENDENT DISTRIBUTOR of any events or news or marketing and product updates or launching of new products, announcements, changes to VITAXEL Compensation Plan, Distributor Terms and Conditions and other happenings;
4.6 being unable to procure the INDEPENDENT DISTRIBUTOR's upline and/or VITAXEL's other distributors or consultants to contact the INDEPENDENT DISTRIBUTOR from time to time to render the INDEPENDENT DISTRIBUTOR their services, advise and support;
4.7 being unable to share the INDEPENDENT DISTRIBUTOR's information and
personal data with VITAXEL Group of Companies and associate/related companies for analysis of product sales and marketing strategy with a view to VITAXEL being able to offer better service and products to customers and which would ultimately benefit applicant as VITAXEL's INDEPENDENT DISTRIBUTOR.
4.8 being unable to keep proper records and to meet all legal and regulatory
4.9 generally unable to fulfil VITAXEL's obligations to applicant as a multi-level
VITAXEL will not use or disclose applicant personal data other than for the purpose and to the parties set out in item 3 above. By remaining as VITAXEL's INDEPENDENT DISTRIBUTOR, as the case may be, the applicant also consents and authorizes VITAXEL to disclose information and his/ her personal data to:
5.1 VITAXEL auditors, consultants, accountants, lawyers, advisers, service providers, speakers, motivators, leaders and other employees who has a need to know to carry out their duties;
5.2 any person to whom VITAXEL are compelled or required to do so whether under any
law regulations by-laws governmental directives policies or court order;
5.3 VITAXEL related holding or subsidiary companies including those which may be
established in the future.
VITAXEL shall take due care to protect personal data and other information from loss, misuse, modification, unauthorized access or disclosure, alteration or destruction and have in place procedures to ensure the compliance thereof.
Should VITAXEL outsource or engage any third party to process the personal data and information on VITAXEL's behalf and for the purposes set out in this Personal Data Notice, VITAXEL will ensure that such third party provides sufficient guarantees in respect of technical and organizational security measures governing the processing to be carried out and take reasonable steps to ensure compliance with those measures.
The personal data processed will not be kept by VITAXEL longer than is necessary for fulfilment of its purpose and unless required by law, regulations or bye-laws or bodies of any governmental or regulatory bodies for such personal data processed to be kept.
Data Integrity And Access
VITAXEL will ensure that the personal data collected or processed by VITAXEL are accurate, complete, up to date and not misleading subject however that the personal data held by VITAXEL could only be as accurate as that provided or furnished to VITAXEL by the applicant and/or INDEPENDENT DISTRIBUTOR. In the circumstances it shall be the applicant's and/or INDEPENDENT DISTRIBUTOR's duty and obligation to ensure that all information and personal data provided to VITAXEL are correct, accurate, complete, up to date and are not misleading.
The applicant and/or the INDEPENDENT DISTRIBUTOR shall have a right to request access to and request for correction of information about the applicant and/or INDEPENDENT DISTRIBUTOR held by VITAXEL which is inaccurate, incomplete, misleading or not up to date and the department to contact with respect to any such inquiries or complaints is :
VITAXEL SDN. BHD.
Department: Customer Service Department
Person In Charge: Operation Manager
Tel: +603-2143 2889
Fax: +603-2143 2829