This Privacy Notice (hereinafter referred to as the “Notice”), serves to inform you that your personal information is being processed by or on behalf of Elken (B) Sdn. Bhd., its affiliated, related and associated companies (“EK”, “we”, “our”, “us”) or personal information that may be collected in the future, from the information and saliva sample you have provided us in Saliva Test & Analysis, purchase, registration and consent forms whether through conventional (e.g. face-to-face/ over the phone interview), electronic means or visit/use of www.trueyoudna.com (“Websites”). This Notice applies to all products and services offered by us.
The personal data processed by us or on EK's behalf may include:-
- personal details (name, age, gender, identity card number, date of birth, race, nationality);
- contact details (address, email address, contact number);
- physical and/or health condition or problems (medical and health history, blood type, DNA, health and mental condition);
- demographic information (age group, medical history, genetic characteristics, biologically identified personal information);
- payment details (bank name, credit/ debit card number, billing address); and/or
- any other personal data provided by you.
We are processing the personal data, including any additional information you may subsequently provide, for the following purposes, which include but are not limited to the following:-
- to contact you;
- to process your requested products and/or services;
- to administer and give effect to your commercial transaction;
- to process any payments relevant to you;
- to research, benchmarking and statistical analysis;
- to generate DNA test result;
- to communicate with you in relation to your DNA test result;
- to recommend you suitable dietary supplements for your consideration;
- to conduct our internal activities, panel testing;
- to deliver of notices, products and/or services;
- any subsequent commercial transaction in relation to any promotion, products and/or services; and/or
other purposes, directly or indirectly relating to any of the above and GE's activities.
(hereinafter collectively referred to as the "Purposes", or individually the "Purpose").
The personal data may be used and/or disclosed by the following:-
- any related and/or associated companies of EK, including those incorporated in the future;
- business partners and affiliates that provide related products or services in connection with our business;
- specialists and consultants of EK; and/or
- service providers for any of the Purposes or any other purpose for which the personal data was to be disclosed at the time of its collection related to any of the Purposes.
Further, personal information may be transferred to locations outside Brunei. Personal information may also be disclosed or transferred as a result of any restructuring, sale or acquisition of any company within EK.
We assure you such transfer complies with relevant and applicable protection law/ regulations. You are responsible for ensuring that the information you provide us is true, accurate and up-to-date. You may access and
request for correction of the personal information, to limit the processing of the personal information, or to contact us with any enquiries in respect of personal information as follows, please contact:
Email Address: firstname.lastname@example.orgWe may refuse to comply with your request for access or correction to your personal data under the Act and if we refuse to comply with such request, we will inform you of our refusal with reason.
- EK, as Website owner has the discretion to update this notice at any time. We encourage you to frequently check this page for any changes to stay informed. You acknowledge and agree that this is your responsibility to review this notice periodically.
- We do not sell, trade or rent your personal information to any third parties. We may share generic aggregated demographic information not linked to any personal identification information with our business partners and trusted affiliates for the purposes outlined above.
- When you give us personal data or information about another person, you confirm that they have appointed you to act for them, to consent to the processing of their personal data and to receive on their behalf this Personal Data Protection Notice.
- As a parent or legal guardian, please do not allow a minor (individual who is below the age of 18) under your care to submit Personal Data to us. In the event that such Personal Data is provided to us, you hereby consent to the processing of the minor’s Personal Data and personally accept and agree to be bound by this Personal Data Protection Notice and take responsibility for his or her actions and omission.
- The personal data processed by us or on EK's behalf may include:-
- Elegant World (M) Sdn. Bhd. and its Group of Companies (“the Group”) are committed to conducting their business activities with integrity, high ethical standards and accountability.
- This Whistleblowing Policy (“Policy”) is developed to:- i) protect the values of integrity where the Group conducts its business activities; ii) establish a structured reporting channel and guidance for responding to any reports from Employees and Stakeholders regarding such potential violations or concerns; and iii) protect Whistleblower from reprisal and to safeguard the Whistleblower’s confidentiality.
2.0 SCOPE AND APPLICATION
- “Whistleblowing” is a deliberate, voluntary disclosure/reporting (supported with evidence/detailed information) of an individual or company by a person, who has privileged access to information based on an actual or suspected Improper Conduct (defined hereunder) within the Group.
- “Whistleblower” means any person who discloses information of Improper Conduct (as defined hereunder) in accordance with Policy.
- “Improper Conduct” means any conduct which if proved, constitutes a violation of ABC Policy or laws or concealment of either or both.
- This Policy applies to the Group’s Employees and Stakeholders with an employment or business relationship with the Group.
- This Policy does not apply to Employees’ grievances, which shall be dealt in accordance with Group Human Resource’s guidelines and policies.
- Any Whistleblower who intends to lodge any report of Improper Conduct must have reasonable grounds for believing in its existence and must undertake such reporting in good faith and for the best interest of the Group.
- The good faith element shall be deemed lacking if:- i) the person does not have personal knowledge or a factual basis for the report of Improper Conduct; or ii) the person knew or reasonably should have known that the reports are false, frivolous or vexatious; or iii) the report has been made with malicious intent, ulterior motive or for personal gain.
3.0 REPORTING PROCEDURE
- All reports shall be communicated in writing made through email (using the attached Appendix A: Whistleblowing Report”) to email@example.com. The report must provide full details of the Improper Conduct and where possible, with the supporting evidence/detailed information. Anonymous complaints will not be entertained.
4.0 WHISTLEBLOWER PROTECTION
- Whistleblower who reports in good faith will be protected from any adverse and detrimental treatment and will be accorded with confidentiality of identity protection, to the extent reasonably practicable.
- Any Whistleblowing not made in good faith and is found to be deliberately falsified with malicious intent will be subjected to appropriate disciplinary actions or legal repercussions, where appropriate.
5.0 SCREENING AND INVESTIGATION
- The Anti-Bribery & Anti-Corruption Committee (ABC) will screen and assess the Whistleblower’s disclosure to determine whether it constitutes an Improper Conduct or is excluded from the scope of this Policy. The Whistleblower may be required to provide additional information and clarifications if required.
- Based on the initial findings, ABC will decide on the next course of action whether to appoint authorised person(s) to carry out initial investigation, if required.
After investigation, ABC will determine the merits of the Whistleblower’s disclosure and decides, including but not limited to the following:
- Commencing a full investigation by setting up Whistleblowing Governance Committee (WGC) in the event that the preliminary findings clearly indicate a basis for further investigation; or
- Reject the Whistleblower’s disclosure if the preliminary findings indicate no basis for further investigation; or
- Determine any other course of action which the ABC deems appropriate.
Please refer to Appendix B for Whistleblowing Procedures Flowchart.
ANTI-BRIBERY & ANTI-CORRUPTION (“ABC”) POLICY
Elegant World Sdn. Bhd. and its Group of Companies (“the Group”) practices a strict zero-tolerance approach against bribery and corruption. The Group upholds a culture of integrity and all applicable
laws in relation to anti-bribery and anti-corruption. The Group of Companies are as follows:-
- Elegant World Sdn. Bhd.
- Elken Sdn. Bhd.
- Elken Global Sdn. Bhd.
- Elken Service Sdn. Bhd.
- Butbo Sdn. Bhd. and
- Gene Express Sdn. Bhd.
- This ABC Policy aims to set out the framework and parameters of reference and guidance to all Stakeholders (including but not limited to directors, distributors/members, suppliers, service providers, employees), whether they are working for or with the Group in complying with the applicable anti-bribery and anti-corruption laws.
- “Bribery” and “Corruption” are the offering, promising, giving, accepting or soliciting of an undue advantage or gratification of any value, (which can be financial or non-financial, directly or indirectly and in violation of applicable laws), as an inducement or reward for a person acting or refrain from acting in relation to the performance of his/her duties.
2.0 GUIDANCE ON COMMON FORMS OF BRIBERY AND CORRUPTION
The Group has a “no gift policy” where all Stakeholders shall not provide, solicit and employees shall not accept gifts from any third party that may have direct/indirect business interest with the Group. The word “gift” means any item (pens, calendars, hats, bags, angpau, etc) having any cost or financial value, including food or beverages, and including vendor-sponsored meals, parties or tickets to sporting and/or entertainment events. Thank you notes, certificates, or other written forms of recognition of our employees are allowed.
Entertainment & Hospitality
The Group is aware that the exchange of gifts can be a very delicate matter where, in certain cultures or situations, gift giving is a central part of business etiquette. However, the Group prohibits the giving and receiving of hospitality and/or entertain where it would be illegal or in breach of any applicable laws.
Donations and Sponsorships
As part of the Group’s commitment to provide financial/non-financial assistance for its corporate social responsibility initiatives, proper due diligence must be carried out to ensure that the contribution for the intended for association/organisation is legitimate and in accordance to Finance Policies and Procedures.
The Group strictly prohibits giving (whether directly or indirectly) any facilitation and/or extortion payments in return for any business advantage for the Group.
Conflict of Interest
Conflict of interest may arise where a person’s objectivity could be interfered with when he/she is performing duties or exercising judgment on behalf of the Group, whether it is in relation to receiving or giving any benefit (in cash or in-kind) that could result in conflicting with their obligations or duties for any personal gain that could result in the Group’s benefit.
Procurement must be conducted in accordance with the Group’s policies, internal processes and procedures relating to procurement. Stakeholders are prohibited from offering, promising, requesting, paying or receiving any form of bribe or facilitation of payment as part of the procurement process.
Any tender processes participated by any company shall be fair, transparent and in accordance with the Group’s tendering procedures.
- The Group encourages Stakeholders to report any actual, suspected bribery/corruption occurring in the course of business/work, with supporting evidence/detailed information via email to firstname.lastname@example.org. Whistleblowing made in good faith will be given the protection of confidentiality and against retaliation. Anonymous complaints will not be entertained.
4.0 MONITORING AND REVIEWING
- The Group will conduct a periodical risk assessment and review of its subsidiaries’ ABC standard operating procedures (“SOP”) at least once every three years to ensure that the Group of Companies continue to have relevant, appropriate and effective monitoring system to uphold the Group’s ABC policy.
- An internal audit of the Group’s ABC compliances will be conducted from time-to-time. Any findings will be reported to and acted upon by the ABC Committee.
5.0 TRAINING AND COMMUNICATION
- The Group communicates this ABC Policy to its Stakeholders (where appropriate and applicable) and trains its employees through various communication channels to ensure its ABC compliance are in accordance with the laws. A copy of the ABC Policy is made available at the Group’s corporate websites.
6.0 VIOLATION AND INVESTIGATION
- The Group views any violation of the ABC Policy and/or its corresponding SOPs seriously and upon investigation of any conduct found non-compliant or violates any applicable laws shall be reported to the ABC Committee and if proven may result in termination of contract, suspension/termination of employment or reporting of the criminal offence to MACC.
- Elegant World Sdn. Bhd. and its Group of Companies (“the Group”) practices a strict zero-tolerance approach against bribery and corruption. The Group upholds a culture of integrity and all applicable laws in relation to anti-bribery and anti-corruption. The Group of Companies are as follows:-