Agensi Pekerjaan Derasniaga Sdn. Bhd. (Company No. 1335163-K)cc

1. Introduction

Agensi Pekerjaan Derasniaga Sdn. Bhd. ("Derasniaga", "we", "us", or "our") is a licensed recruitment agency providing manpower solutions in Malaysia, including the recruitment and placement of domestic helpers, foreign workers, and local executive/professional candidates. We are committed to protecting the personal data of everyone we interact with job seekers, domestic helpers, foreign workers, employers/clients, website visitors, and other stakeholders  in accordance with the Personal Data Protection Act 2010 (PDPA) and its subsidiary regulations.

This Privacy Notice explains what personal data we collect, why we collect it, how we use and disclose it, how long we keep it, and what rights you have. It applies to our website, our recruitment and placement services, our office interactions, and any other channel through which we collect your personal data.

By submitting your personal data to us, or by continuing to use our website and services, you acknowledge that you have read and understood this Privacy Notice.

2. Who This Notice Applies To

This notice applies to personal data belonging to:

• Job seekers and candidates (local professionals/executives) applying through our website, job portals, or in person
• Domestic helpers and foreign workers recruited or placed through us, including candidates from source countries
• Employers and clients who engage our recruitment services
• Referees, emergency contacts, and next-of-kin provided by candidates
• Website visitors who browse our website or interact with our social media pages
• Vendors, sub-agents, and business partners who provide us with personal data in the course of business

3. Personal Data We Collect

3.1 General Personal Data

Depending on your interaction with us, we may collect:

• Full name, date of birth, gender, and marital status
• Nationality and race/ethnicity (where relevant to placement suitability, e.g. cultural or language matching)
• Identification numbers (NRIC, National Identity document, passport number, work permit number, visa number)
• Contact details (address, phone number, email)
• Photographs and video footage (e.g. profile photos, CCTV footage at our premises, interview recordings)
• Employment history, job references, and referee contact details
• Educational qualifications and certificates
• Resume/CV, cover letters, and job application forms
• Bank account details (for salary disbursement or refund purposes)
• Emergency contact and next-of-kin details
• Company registration details, business licences, and authorised representative details (for corporate clients/employers)

3.2 Sensitive Personal Data

For recruitment of domestic helpers and foreign workers specifically, we may also collect sensitive personal data, which requires your explicit consent under the PDPA, including:

• Medical examination results and health declarations (e.g. FOMEMA medical screening, fitness-for-work assessments)
• Religion (where relevant to job matching, e.g. dietary or prayer accommodations requested by employers)
• Personal data (e.g. National Identity documents including passports, photographs used for visa, work permit, or immigration processing)
• Criminal record checks or police clearance certificates, where required by law or by an employer/destination country

We only collect sensitive personal data where necessary for recruitment, placement, immigration, or statutory compliance purposes, and we will seek your explicit consent before doing so, unless an exemption under the PDPA applies.

3.3 How We Collect Personal Data

We collect personal data:

• Directly from you (via our website, job application forms, career fairs / seminars / events, walk-in registration, interviews, or phone/email correspondence)
• From source-country recruitment agents/sub-agents (for foreign worker and domestic helper candidates)
• From referees or previous employers you have nominated
• From employers/clients (in relation to job requirements, feedback, or verification requests)
• From government agencies and authorities, where legally permitted (e.g. Immigration Department verification)
• Through cookies and similar technologies when you browse our website

4. Purposes of Processing

We collect, use, and process your personal data for the following purposes:

Recruitment and placement

• Assessing suitability for employment, and matching candidates with employer requirements
• Facilitating recruitment of domestic helpers, foreign workers, and local professionals/executives
• Verifying qualifications, employment history, and references
• Arranging interviews, medical examinations, and pre-departure/pre-employment briefings

Statutory and immigration compliance

• Registration and processing via the Foreign Workers Centralised Management System (FWCMS)
• Work permit, visa, and Special Pass applications with the Immigration Department of Malaysia
• Levy payment processing, quota applications, and reporting to the Ministry of Human Resources / Labour Department
• Coordinating medical screening with FOMEMA-panel clinics
• Liaising with the relevant embassy, consulate, or source-country labour authority
• Arranging insurance coverage (e.g. SPIKPA, hospitalisation and surgical insurance, or foreign worker compensation scheme) required by law

Client and business operations

• Communicating with employers/clients regarding candidate suitability, placement status, and after-placement support
• Invoicing, payment processing, and contract administration
• Responding to enquiries, complaints, and service requests
• Improving our services, website functionality, and user experience
• Sending updates, job openings, or promotional communications (where you have consented)
• Complying with legal, regulatory, and audit requirements, and responding to lawful requests from authorities

5. Legal Basis for Processing

We process your personal data on one or more of the following bases:

• Your consent, which you may withdraw at any time (subject to Section 9 below)
• Necessity for performance of a contract with you (e.g. a placement or service agreement) or to take steps at your request prior to entering into one
• Compliance with a legal obligation, such as immigration, labour, or tax laws

Our legitimate business interests, such as fraud prevention, service improvement, and record-keeping, provided these do not override your fundamental rights

6. Disclosure of Personal Data

We may disclose your personal data to the following categories of recipients, strictly for the purposes described in Section 4:

• Prospective and current employers/clients, for recruitment, placement, and employment verification purposes
• Source-country recruitment agents/sub-agents, for candidates recruited from outside Malaysia
• Government agencies and regulators, including the Immigration Department of Malaysia (JIM), Ministry of Human Resources, Labour Department, Royal Malaysia Police, and relevant embassies/consulates or source-country labour authorities
• FOMEMA-panel clinics and healthcare providers, for medical screening purposes
• Insurance providers, for arranging statutory or supplementary insurance coverage
• Banks and payment processors, for salary, levy, or fee-related transactions
• Our related companies, affiliates, and business partners, where necessary to deliver our services
• Professional advisers and service providers, such as our IT vendors, auditors, or legal counsel, under confidentiality obligations
• Any party, where disclosure is required or permitted by law, or to protect our legal rights

We take reasonable steps to ensure that any third party receiving your personal data protects it to a standard consistent with the PDPA.

7. Cross-Border Transfer of Personal Data

As a recruitment agency handling foreign worker and domestic helper placements, your personal data may be transferred to, stored in, or processed in countries outside Malaysia, including your country of origin (e.g. Indonesia, the Philippines, Nepal, Bangladesh, or other source countries), where our sub-agents, partner agencies, or relevant embassies/authorities are located.

Where we transfer personal data outside Malaysia, we take reasonable steps to ensure the receiving party protects your data in a manner consistent with the PDPA, including through contractual safeguards where appropriate, or as otherwise permitted under Section 129 of the PDPA (e.g. where transfer is necessary for the performance of a contract, or with your consent).

8. Data Security

We implement appropriate technical and organisational measures to protect your personal data against unauthorised access, disclosure, alteration, loss, or destruction, including:

• Restricted access to personal data on a need-to-know basis
• Secure storage of physical documents and electronic records
• Use of password protection and access controls for our systems
• Staff training on data protection obligations

While we take reasonable steps to protect your data, no method of transmission or storage over the internet is completely secure, and we cannot guarantee absolute security. In the event of a data breach that poses a risk to you, we will take appropriate steps in accordance with applicable law and good practice, including notifying affected individuals where appropriate.

9. Retention of Personal Data

We retain your personal data only for as long as necessary to fulfil the purposes described in this notice, including:

• The duration of the recruitment and placement process
• The duration of the employment/placement contract, plus any period required for after-placement support
• Any additional period required to comply with statutory retention obligations (e.g. immigration, tax, or labour law requirements)
• Any period necessary to establish, exercise, or defend legal claims

Where personal data is no longer needed, we will securely delete, destroy, or anonymise it, unless retention is required by law.

10. Your Rights

Subject to the PDPA and any applicable exceptions, you have the right to:

• Access the personal data we hold about you
• Request correction of inaccurate, incomplete, or outdated personal data
• Withdraw your consent to our processing of your personal data (this may affect our ability to continue providing recruitment or placement services to you)
• Limit the processing of your personal data for direct marketing purposes
• Lodge a complaint with the Personal Data Protection Department of Malaysia (Jabatan Perlindungan Data Peribadi) if you believe we have not complied with the PDPA

To exercise any of these rights, please contact us using the details in Section 14. We may require proof of identity before processing your request, and reasonable timeframes and fees (where permitted by law) may apply.

11. Marketing Communications

Where you have consented, we may send you information about job opportunities, company updates, or promotional content via email, SMS, WhatsApp, or phone. You may opt out of marketing communications at any time by contacting us or using the unsubscribe option provided in our communications. Opting out of marketing does not affect communications necessary for an active recruitment or placement process.

12. Cookies and Website Usage

Our website may use cookies and similar technologies to enhance your browsing experience, remember your preferences, and help us understand how visitors use our site. You may disable cookies through your browser settings; however, this may affect certain website functionalities.

13. Third-Party Links

Our website may contain links to third-party websites, including job portals and social media platforms. We are not responsible for the privacy practices or content of these external sites. Please review their respective privacy policies before providing any personal data.

14. Changes to This Privacy Notice

We may update this Privacy Notice from time to time to reflect changes in our practices, services, or legal requirements. Any changes will be posted on this page with a revised "Last Updated" date. We encourage you to review this notice periodically.

15. Contact Us

If you have any questions about this Privacy Notice, or wish to exercise your rights under the PDPA, please contact:

Agensi Pekerjaan Derasniaga Sdn. Bhd. (Company No. 1335163-K) Address: 4-3-1, Jalan Setia Prima P, U13/P, Setia Alam, Seksyen U13, Shah Alam, 40170 Shah Alam, Selangor, Malaysia Email: enquiries@apderasniaga.com.my Phone: 03-3344 9093

By submitting your personal data to us or continuing to use our website and services, you consent to the collection, use, and disclosure of your personal data in accordance with this Privacy Notice.