Malaysia - Personal Data Protection Act 2010
By refering to the Personal Data Protection Act 2010 which came into force on 15 November 2013, its main purpose is to regulate all processed personal data of individuals during commercial transactions.
For iSMS UsersBased on the recent announcement by Ministry of Communications and Multimedia Malaysia, the ministry has made it clear that anyone who processes personal data in terms of commercial transactions will be covered under PDPA's act. A data user that belongs to any class of users specified in the "Class of Data Users" schedule will be required to register under the act. Following are the class of users affected:
A "data user" (person who entered into partnership under the Partnership Act 1961 is a data user that belongs to a class of data users.) is required to register under the PDPA with the Personal Data Protection Commissioner. The form is readily available HERE.
The Ministry of Communications and Multimedia Malaysia has confirmed
Liability IssuesAll bulk SMS blasting activities can be traced to your iSMS account. This action will be deemed performed by you and therefore you will be held solely responsible your message content as well as mobile contact database, in accordance with Personal Data Protection Act 2010. iSMS will not accept any liability for your sent messages to the mobile numbers of your uploaded contact database. iSMS will be exempted by you from possible third party claims arises from your SMS content. iSMS has the right to deny you from using iSMS bulk SMS services.
Notice to iSMS User's Related to Personal Data Protection Act 2010
iSMS treats all of our user's personal data and privacy matters seriously. Therefore, iSMS issues this notice to all users pertaining to the announced Data Protection Act 2010.
Customers could have supplied iSMS with their personal data and information from time to time, relating to matters such as continuance of iSMS's Bulk SMS service, establish new accounts, record keeping and billing purposes. iSMS will take appropriate (physical or electronic) measures to safeguard all personal data provided. In addition to that, iSMS may also verify information concering your personal details when necessary.
Mobile Database Upload
Contact data that has been uploaded to iSMS database will be stored with high level of security to protect your interests. iSMS does not engage in any illegal selling of mobile or email databases. Uploaded mobile database is solely used to blast out bulk SMS to the mobile numbers you specified and activity log is kept for record purposes. No mobile database will be disclosed to any third party.
Any legislation and requirements of the authorities in connection with distribution of SMS advertising must be adhered to at all times. We assume no editorial responsibility for the Content, which shall remain entirely your responsibility and must adhere to the current laws and regulations of Malaysia.
If you need to contact us, please feel free to do so. You will find our address, and phone numbers there.