Privacy Collection Notice

Collection

Swinburne University of Technology Sarawak Campus (“Swinburne Sarawak”) only collects personal data that is necessary for, or directly related to, one or more of Swinburne Sarawak’s functions or activities. The term “you” or “your” in this Privacy Collection Notice extends to any individual whose personal data has been provided to Swinburne Sarawak that includes current students, prospective students, past students, job applicants, benefactors, research participants, external contractors/suppliers, and directors/shareholders of the external contractors/suppliers. While Swinburne Sarawak normally collects corporate information from the third party or external contractors/suppliers (e.g. company bank details, business registration certificate number, business tax ID, capital structure information, financial statement), there are cases where Swinburne Sarawak collects personal data of the involved personnel from the supplier company.

The personal data that Swinburne Sarawak collects and processes from you may include (depending on the services provided and accessed):

  • names and other related contact details of the individuals;
  • Identification Numbers and official university email addresses;
  • emergency contacts;
  • photographic identification;
  • academic qualifications, history and progress;
  • information relating to entitlements to related educational government payments or support (e.g. PTPTN, JPA, MARA);
  • information relating to non-government sponsorship, study loan and industrial award;
  • complaints or misconduct details or information;
  • if engaging any health service, information necessary to deliver that service (e.g. medical history);
  • other related personal data required for the effective management of the university.

Please inform the involved personnel about this Privacy Collection Notice, the terms of which would also apply to them and please ensure that their consent is first obtained before their personal data is disclosed to us for the purpose set out in this Privacy Collection Notice. In addition, in some situations, you may give us personal data about someone else (e.g. when you provide the personal data about a referee to validate your past company track record). In such situation, please also inform the other individuals about this Privacy Collection Notice and please ensure that his or her consent is first obtained before their personal data is disclosed to us.

Swinburne Sarawak generally collects information at enrolment or at the evaluation of your job application or commencement of employment, at the evaluation of your service proposal or commencement of contract, when you access Swinburne Sarawak’s IT systems, or when you participate in special activities or projects. Some special projects or activities may have their own collection notice which is in addition to the information contained in this general collection statement (e.g. when accessing counselling services or using Swinburne Sarawak’s IT services).

Swinburne Sarawak will not collect sensitive information unless:

  • you consent to the collection, and the information is reasonably necessary for, or directly related to, one or more of Swinburne Sarawak’s functions or activities; or
  • the collection of the information is required or authorised by or under a Malaysian law or a court/ tribunal order; (e.g. when providing Government Student Support); or
  • the information is necessary to provide health services to you; or
  • the information is necessary to process your contract.

Some of the main reasons Swinburne Sarawak collects your information includes:

  • to correspond with you;
  • for administrative purposes;
  • for the purposes of undertaking university-commissioned research;
  • for the facilitation of student elections;
  • to meet legal obligations;
  • to inform you about your course or other university courses/ events;
  • to confirm your entitlement to a scholarship;
  • for government reports;
  • to verify your internal/ external grants/ scholarships
  • for performance management;
  • to process your service proposal with Swinburne Sarawak (e.g. reference check);
  • to track the provision of your goods and services entitled to us.

What if I study a Swinburne Sarawak course, program or unit through a third party?

If you study a Swinburne Sarawak course, program or unit through a third party, such as partner or joint venture providers, other service providers or education providers, your personal data may also be collected and used by such third parties in accordance with their privacy statements.

What happens if I elect to not provide my information?

Generally, you may elect to not provide Swinburne Sarawak with your personal data; however, much of the personal data collected by Swinburne Sarawak is necessary to provide you with educational services, access to government support or for the fulfilment of your contract. Without this information, Swinburne Sarawak may be restricted in its ability to provide these services or support, to perform these contract-related activities or to process our payment to you. In some cases, enrolment at Swinburne Sarawak will not be possible without certain information provided.

How personal data is collected and held

Swinburne Sarawak will only collect personal data by lawful and fair means.

Swinburne Sarawak will generally collect personal data from you directly, unless:

  • you consent to the collection of the information from the related individuals in which the individuals are also subjected to Privacy Collection Notice; or
  • Swinburne Sarawak is required or authorised by, or under, a Malaysian law, or a court/ tribunal order, to collect the information from someone else; or
  • it is unreasonable or impracticable to get the information from you directly.

Swinburne Sarawak stores personal data in both electronic and hard copy forms, and must comply with the retention requirements of the University Personal Data Protection Policy and Procedure.

Using and disclosing your personal data

If Swinburne Sarawak holds personal data about you that was collected for a particular purpose (the primary purpose), Swinburne Sarawak will not use or disclose this information for another purpose (the secondary purpose), unless:

  • you consented to the use or disclosure of the information; or
  • you would reasonably expect Swinburne Sarawak to use or disclose the information for the purpose other than the primary purpose that may or may not be apparent to the individual concerned, or within his or her reasonable expectations.

External organisations

Information collected may be disclosed to various organisations, including:

  • government departments such as MYRA and MASTIC, the Ministry of Higher Education, regulatory agencies, statutory authorities (e.g. EPF, SOCSO, IRB, BAITUMAL, Immigration statistical and reporting, Department of Statistics, MDC, MQA, etc.) as well as related accreditation bodies;
  • External organisations such as professional bodies, hospitals or government agencies, in connection with your studies;
  • third parties, such as partner or joint venture providers, other service providers or other education providers, in circumstances where you study a Swinburne Sarawak course, program or unit through such third parties. Your information may be disclosed for the purpose of improving the delivery of your Swinburne Sarawak course, program or unit. (such as auditors, recruitment agencies, insurance companies, printing companies, telecommunication companies, conference/training organisers)
  • Malaysian Immigration Department and foreign embassies for the purposes of student visas and work permits;
  • Foreign government departments/agencies or authorities if you are registered with a foreign credited programme or sponsorship;
  • Your education sponsors.

Direct marketing

Swinburne Sarawak may use or disclose personal data (other than sensitive information) about an individual for the purpose of direct marketing if:

  • Swinburne Sarawak collected the information from the individual; and
  • the individual would reasonably expect Swinburne Sarawak to use or disclose the information for that purpose; and
  • Swinburne Sarawak provides a simple means by which the individual may easily request not to receive direct marketing communications from Swinburne Sarawak; and
  • the individual has not made such a request to Swinburne Sarawak.

Swinburne Sarawak may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.

Emergency situations and criminal activity:

Swinburne Sarawak may disclose your information for a secondary purpose if it reasonably believes that the use or disclosure is necessary to lessen or prevent:

  • a serious and imminent threat to an individual’s life, health, safety or welfare; or
  • a serious threat to public health, public safety or public welfare.

Swinburne Sarawak may disclose health information for a secondary purpose where it has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the health information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities and, if Swinburne Sarawak, would not be breaching confidence by such use or disclosure.

Swinburne Sarawak may disclose health information for a secondary purpose where it reasonably believes that the use or disclosure is reasonably necessary for a law enforcement function by or on behalf of a law enforcement agency and, if Swinburne Sarawak, would not be breaching confidence by such use or disclosure.

Overseas disclosures

Before Swinburne Sarawak discloses personal data about you to a person (the overseas recipient):

  • who is not in Malaysia or an external Territory; and
  • who is not in Swinburne Sarawak network of Universities or an individual from Swinburne Sarawak;

Swinburne Sarawak will take such steps as are reasonable in the circumstances to ensure that the overseas recipients also adhere to the Personal Data Protection Act or similar Act in their countries in relation to personal information.

For research students whose supervisor or examiner is located in a country other than Malaysia, your personal data may be sent electronically or through the mail to that individual in that country.

Some Swinburne Sarawak IT systems use cloud computing services and are hosted in countries other than Malaysia. Depending on the service accessed this could include selected countries in the Americas, Europe or Asia-Pacific region.

Accessing and seeking correction of personal data

Swinburne Sarawak will take such steps (if any) as are reasonable in the circumstances to ensure that the personal data that it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

Subject to an overriding legal consideration, if Swinburne Sarawak holds personal data about an individual, Swinburne Sarawak will, on request by the individual, give the individual access to the information. Information can be requested from Swinburne Sarawak Student Operations (for students) or from Swinburne Sarawak Finance (for suppliers) using the Personal Data Access Request Form.

Swinburne Sarawak University may require an individual to pay a fee in relation to their request to access their personal information. The fee will be set at the rate prescribed by the Personal Data Protection (Fees) Regulations 2013.

Under Swinburne Sarawak’s Personal Data Protection Policy and Procedure, Swinburne Sarawak is not required to give you access to your personal data if:

  • Swinburne Sarawak reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
  • giving access would have an unreasonable impact on the privacy of other individuals; or
  • the request for access is frivolous or vexatious; or
  • the information relates to existing or anticipated legal proceedings between Swinburne Sarawak and the individual, and would not be accessible by the process of discovery in those proceedings; or
  • giving access would reveal the intentions of Swinburne Sarawak in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
  • giving access would be unlawful; or
  • denying access is required or authorised by or under an Malaysian law or a court / tribunal order; or
  • Swinburne Sarawak has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Swinburne Sarawak’s functions or activities has been, is being or may be engaged in AND giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
  • giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
  • giving access would reveal evaluative information generated within Swinburne Sarawak in connection with a commercially sensitive decision-making process.

Your right of correction

If Swinburne Sarawak holds personal data about you and Swinburne Sarawak is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, or, you request Swinburne Sarawak to correct the information, Swinburne Sarawak will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. Information can be corrected using the Amendment to Personal Details Form (for students) or by contacting Swinburne Sarawak Finance at proc.fin@swinburne.edu.my (for suppliers).

Complaints about a breach of the Personal Data Protection Act

If you believe that Swinburne Sarawak has breached privacy laws, within six (6) months of the time you first became aware of the apparent breach, you may either:

Your complaint will be reviewed and managed as set out in the People, Culture and Integrity Policy, available and searchable at http://www.swinburne.edu.au/about/leadership-governance/policies-regulations/policies/people-culture-integrity/integrity/.


More information