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The Carlsberg group understands that the security of your personal data is extremely important and it is committed to respecting your privacy and safeguarding your personal data.
This privacy policy sets out how Carlsberg Brewery Malaysia Berhad and Carlsberg Marketing Sdn. Bhd (Carlsberg, we, us, our) uses your personal data and the measures it has put in place to protect your information and keep it secure.
This privacy policy applies to you if you purchase goods from us, receive services from us, participate in our events or promotions or otherwise interact with us, including by using any of our websites or by interacting with us via social media.
Please take a moment to review this policy in detail (together with our cookies policy and terms of use , and any other documents referred to in them, if you are using one of our websites). If you are an existing customer of ours, further details about how we use your personal data may be set out in your contract with us. Further notices highlighting certain uses we wish to make of your personal data together with the ability to opt in or out of selected uses may also be provided when we collect personal data from you.
This privacy policy explains our privacy practices and covers the following areas:
1
What personal data we collect
We will collect and process some or all of the following personal data about you:
Sources of personal data
We collect much of the personal data that we hold about you directly from you or your interactions with us, our websites or social media sites. We may also receive your personal data from other sources, including business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, anti-fraud databases and other third party databases, including sanctions lists, and business information and research tools.
Sensitive personal data
Under data protection law, certain categories of personal data are considered particularly sensitive and, therefore, as needing additional protection. These categories include information about health, racial or ethnic origin, political opinions, religious beliefs, trade union membership or your sexual orientation, and genetic and biometric data and any other personal data as may determine by the Minister of Malaysia by order. Information concerning criminal convictions and offences is also viewed as sensitive under Malaysia and European data protection law.
In limited circumstances, we will collect and handle such sensitive personal data, for example, when we handle requests for special medical or access assistance or your specific dietary requirements in connection with your attendance at an event, which may indicate your religious beliefs, e.g. halal or kosher meal selections, or where we undertake certain background checks on you, which may disclose information about previous criminal convictions. We handle this sensitive personal data in compliance with applicable data protection laws, including as described further in the “What we do with your personal data” section below.
2
What we do with your personal data
Depending on how you interact with Carlsberg, we will use your personal data for the following purposes:
Legal bases: contract performance, legitimate interests (to enable us to perform our obligations and provide products and services to you or to notify you about changes to our products and services)
Legal bases: legitimate interests (to allow us to correspond with you and provide products and services to you), legal claims
Legal bases: legitimate interests (to ensure the quality of our products and services)
Legal bases: consent, legitimate interests (to keep you updated with news in relation to our products and services)
Legal bases: legitimate interests (to ensure the quality of our products and services, allow us to improve our products and services, and provide you with the content and services on our websites)
Legal bases: legal obligations, contract performance, legitimate interests (in order to successfully run our promotions and events)
Legal bases: legitimate interests (to allow us to run our events, and to cater for and accommodate your specific preferences and requirements during our events), explicit consent (if required)
Legal bases: legal obligations, legitimate interests (to ensure that you fall within our acceptable risk profile and to assist with the prevention of crime and fraud), substantial public interest
Legal bases: legal obligation, legal claims, substantial public interests, legitimate interests (to assist with the prevention of crime and fraud)
Legal bases: legitimate interests (to allow us to administer our websites and to provide you with the content and services on our websites), legal obligation
Legal bases: legitimate interests (in order to allow us to change our business), legal obligation
Legal bases: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities)
If you have any questions about the legal bases we rely on, please contact us using the details set outin the “Contact” section below.
In addition to the third parties mentioned above, we may also disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who may use it in connection with any of the purposes set out above. We will also share your personal data with third party service providers (such as providers of marketing, IT or administrative services) who may process it on our behalf for any of the purposes set out above.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a particular location). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
3
How we use "cookies"?
Our websites use cookies to distinguish you from other users. They help us to provide you with a good experience when you browse our websites and ensure that the content is relevant to you. To find out more about how we use cookies, please visit our Cookies Policy at https://www.probablythebest.com.my/cookie/.
4
Your use of chat rooms, message boards or other interactive forums
We offer chat rooms, message or bulletin boards, or interactive areas where visitors may post comments or information for our visitors' enjoyment. If you participate in a chat room, bulletin or message board, or other interactive area where personal data may be posted on our websites, in addition to reading this privacy policy be sure to check our chat room rules before entering, as you will be bound by them. As you know, anything you post online is available for the world to see. We make no representations and undertake no obligations as to information you voluntarily post.
5
How we protect your personal data
Where is your personal data stored?
The data that we collect from you may be transferred to, and stored at, a destination outside Malaysia. It may also be processed by staff operating outside Malaysia who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details or the provision of support services.
How long is your personal data stored for?
The personal data that we hold about you will not be kept for longer than is permitted by law and will only be kept for as long as necessary to provide you with any requested products, services or information, or for any other purpose set out under the heading “What do we do with the information” above.
For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data.
Disclosure of your information outside Malaysia
Where we transfer personal data from inside Malaysia to outside Malaysia, we may be required to take specific additional measures to safeguard the relevant personal data. Certain countries outside Malaysia have been approved by the European Commission and Department of Personal Data Protection as providing essentially equivalent protections to EEA and Malaysia data protection laws and, therefore, no additional safeguards are required to export personal data to these jurisdictions. In countries that have not had these approvals, we will use appropriate safeguards to protect any personal data from being transferred, such as EU Commission-approved model contractual clauses or binding corporate rules permitted by applicable legal requirements.
Please contact us using the details set out in the “Contact” section below if you would like to see a copy of the specific safeguards applied to the export of your personal data.
What do we do to safeguard personal data?
We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy policy.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our websites - any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Our websites and social media fan pages may, from time to time, contain links to and from the websites of our partner networks, affiliates and other third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6
Your rights and contacting us
Marketing
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you or collect your consent (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data or clicking unsubscribe at the bottom of the emails we send to you for marketing purposes. You can also exercise the right at any time by contacting us at info@probablythebest.com.my.
Updating information
We will use reasonable endeavours to ensure that your personal data is accurate. In order to assist us with this, you should notify us of any changes to the personal data that you have provided to us by contacting us using the details set out in the “Contact” section below.
Your rights
If you are based in Malaysia during your interactions with us, under certain conditions, you may have the right to require us to:
In addition, under certain conditions, you have the right to:
These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege), and may not all be available in the country in which you are based.
If you have the right to do so, you can exercise these rights by contacting us using the details set out in the “Contact” section below.
If you are not satisfied with our use of your personal information or our response to any exercise of these rights you have the right to complain to the Department of Personal Data Protection.
Contact
Our nominated representative for the purpose of Malaysia data protection laws is [insert full name of the nominated representative and its registered office address.
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to pearl.lai@carlsberg.asia.
7
Updates to this policy
Any changes we may make to this privacy policy will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this privacy policy.
Legal bases for use of personal data
These are the principal legal grounds that justify our use of your personal data:
Consent: where you have consented to our use of your information (you will have been presented with a consent form in relation to any such use and may withdraw your consent by the means stated in this privacy policy. |
Contract performance: where your information is necessary to enter into or perform our contract with you. |
Legal obligation: where we need to use your information to comply with our legal obligations. |
Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights. |
These are the principal legal bases that we typically use to justify our use of Special Categories of your Personal Data and Criminal Convictions Data:
Legal claims: where your information is necessary for us to establish, defend, prosecute or make a claim against you, us or a third party. |
In the substantial public interest: processing is necessary for reasons of substantial public interest, on the basis of EU or local law. |
Explicit consent: you have given your explicit consent to the processing of the personal data for one or more specified purposes. You are free to withdraw your consent by contacting us as set out in the “Contact” section of the above notice. If you do so, we may be unable to provide our products or services that require the use of such data. |
This privacy policy was last updated in May 2018.
Carlsberg believes that our beer brands are there to offer consumers refreshment and responsible enjoyment. They should be consumed responsibly by adults and misuse should be avoided.
carlsbergmalaysia.com.my and www.probablythebest.com.my is operated by Carlsberg Brewery Malaysia Berhad and Carlsberg Marketing Sdn. Bhd (we, us, our). We are registered in Malaysia under 9210K and 140534-M and have our registered office at No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia. From time to time our affiliates may operate or contribute to this Site. Our affiliates are any of our subsidiary or holding companies, and any subsidiary of any such holding company.
These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our Site, whether as a guest or a registered user. Use of our Site includes accessing, browsing or registering to use our Site.
Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you also read our privacy policy and cookies policy and print a copy of this document for future reference.
By accessing and using our Site you are indicating your acceptance to be bound by these terms of use and that you agree to comply with them. They are a legal agreement between you and us that can only be amended with our consent. They should be read in conjunction with the other applicable terms below, and any details provided on our Site about how our Site operates and the services which are available.
If you do not agree to these terms of use, please stop using our Site immediately.
Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our Site:
Changes to our terms and Site
We reserve the right to change these terms of use from time to time without prior notice by changing them on our Site. Please check this page from time to time and take notice of any changes we make, as they are binding you.
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
We do not guarantee that our Site, or any content on it, will always be available uninterrupted or error free. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You also understand that we cannot and do not guarantee or warrant that any content of our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our Site is directed to people residing in Malaysia. We do not represent that content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside Malaysia, you do so at your own risk.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to or interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet connected device. From time to time, we may restrict access to some features or parts of our Site, or the entire Site.
Where you are asked to complete a registration form or provide other information the details that you provide must be true, accurate and complete. Please inform us promptly of any changes to the information that you provide.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at :
Unless indicated to the contrary, we are the owner or licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We are the owner or licensee of the trade marks appearing on our Site and all associated trade names, logos and devices unless indicated to the contrary.
You may print off one copy and may download extracts or materials from our Site for your personal use only and any copied material must include all copyright or other proprietary notices appearing on it. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
No right, title or interest in any downloaded materials or software is transferred to you by such downloading or copying. You may not make any other use of material on our Site (including reproductions except as above, publication, alteration or distribution) without our prior written permission.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
The information on our Site is provided for general information only. We will use reasonable endeavours to ensure that information on our Site is accurate, but content, commentary, reviews and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
We make no representations, or warranties or guarantees, whether express or implied, that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. If you find any inaccurate information on our Site please contact us at Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: info@probablythebest.com.my and we will endeavour to correct it, where we agree, as soon as reasonably practicable.
Any opinions or reviews posted on our Site are the responsibility of their authors and are in no way an expression of our views. We make no warranties or representations, express or implied, about any such opinions or reviews, including as to their legality or accuracy, and we disclaim all liability in connection with them to the fullest extent permitted by law.
Any competition conducted or promoted on our Site shall be governed by the terms and conditions specific to such competition.
We may from time to time provide links that will enable you to access the websites of third parties directly from our Site. Such third party sites are not under our control and, unless otherwise stated, no contribution is made by us to the content of such websites. When you click through to these sites you leave the area controlled by us, so we cannot, therefore, accept responsibility for any issues arising in connection with either the third parties' use of your data, our sites’ content, or the products or services offered to you by these sites.
We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on our Site.
Although we hope our Site will be of interest to users, we exclude all conditions, warranties and representations or other terms which may apply to our Site or any content on it, whether express or implied, to the extent permitted by law. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you using our site as a consumer, we shall not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity and shall only be liable for any losses which are reasonably foreseeable.
If you are using our site as a business user, in no event shall we be liable to you for any:
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to you downloading any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Uploading content to our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our acceptable use policy: https://www.probablythebest.com.my/#!overview/4699-terms-of-use.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next section (Rights you licence).
We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy: https://www.probablythebest.com.my/#!overview/4699-terms-of-use.
The views expressed by other users on our Site do not represent our views or values.
You are solely responsible for securing and backing up your content.
Rights you licence
When you upload or post content to our Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, prepare derivative works of, display and perform that user generated content in connection with the service provided by our Site and across various media including the promotion of this Site.
Accessibility
We recognise the need for this Site to be accessible and easy to use regardless of technology or ability.
Whilst we aspire to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of our Site. Content provided by our third party partners and Site users may not adhere to such guidelines and standards.
We are constantly looking to improve the level of accessibility and usability of our Site. If you find something that needs improvement or have difficulty in using this Site please let us know.
Any formal legal notices should be sent to us at our registered office above and marked for the attention of the Senior Manager, Legal and Company Secretarial.
Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these terms of use.
If any part of these terms of use is found to be unenforceable as a matter of law, all other parts of these terms of use shall be unaffected and shall remain in force.
If you are a consumer, please note that these terms of use, its subject matter and its formation are governed by Malaysia law. You and we both agree to that the courts of Malaysia will have non-exclusive jurisdiction.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Malaysia law. We both agree to the exclusive jurisdiction of the courts of Malaysia.
If you experience problems with our Site or would like to comment on it, please feel free to at Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: info@probablythebest.com.my.
These terms of use were last updated in May 2018.
Acceptable Use Policy
This website www.probablythebest.com.my is operated by Carlsberg Marketing Sdn. Bhd(we, us, our). This acceptable use policy sets out the terms between you and us under which you may access our Site. This acceptable use policy applies to all users of, and visitors to, our Site.
Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of use, privacy policy and cookies policy.
We are registered in Malaysia with the company number 140534-M and we have our registered office at No 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia. From time to time our affiliates may operate or contribute to our Site. Our affiliates are any of our subsidiary or holding companies, and any subsidiary of any such holding company.
Prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
You also agree:
Interactive services
We may from time to time provide interactive services on our Site including, without limitation:
(Interactive Services).
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for usersfrom third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to our Site (Contributions), and to any Interactive Services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution, as well as to its whole, and are in addition to any terms or requirements provided at the point of submission.
Contributions must:
Contributions must not:
Suspension and termination
We will determine, in our absolute and sole discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.
Updated 25 May 2018