DaVita Malaysia - Privacy Notice
Effective date: 1 December 2020

This Privacy Notice forms part of the Terms of Use relating to the use of DaVita’s website (“DaVita Website”). It explains how we collect, process and/or use personal data gained from this website. This notice describes how DaVita Malaysia may collect and process your personal data in accordance with the Malaysian Personal Data Protection Act 2010 (“PDPA”).  Your privacy is very important to us as we understand that health is a personal, private subject, and we want you to feel comfortable visiting our websites and using our services. This Privacy Notice informs you about what personal information we collect via the Internet and how we handle it. Please note that there may be changes made from time to time to this Privacy Notice without any notice and it is your responsibility to review the Privacy Notice when using this website. By continuing to use this website, you consent to any changes to our policy or terms of use.

What is Personal Data?

Personal data means any information relating to an identified or identifiable living person; an identifiable living person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person and further defined in the Malaysian Personal Data Protection Act 2010

We may collect any information you provide to us that would allow us to contact you, such as your name, postal address, e-mail address or phone number through our website

Personal Information We Collect About You & How We Use It

We collect personal information about you, such as your name, e-mail address, only if you submit that information when contacting us for enquiry or feedback. We process your personal data for purposes resulting from the subject of communication. We may use your personal data to respond to your questions and provide you with the specific services you select. This processing is based on your consent – expressed or implied by providing data during contact or when it is necessary for providing our services, or is necessary to comply with our legal obligations or is in our legitimate interests, as long as these are not overridden by your privacy rights. 

Moreover, in certain cases, the processing of your data may be necessary to pursue our legitimate business interests in ensuring information technology and information security (including monitoring of correspondences and activity of the Company’s employees), as well as risk management and internal control of the Company, internal reporting within the Company and DaVita Group, and if applicable, for possible pursue and defence against claims by the Company.

Personal data will be stored for period of corresponding or for the period of performing actions resulting from the subject of correspondence (i.e. performance of a contract, organization of events). In the remaining scope, the data will be stored for a period required by law and for the period in which eventual claims against the Company may be pursued.

Providing personal data is voluntary and is not a contractual or statutory requirement (except for data necessary to conclude a contract as a result of correspondence or necessary to perform the abovementioned statutory obligations). In specific cases, providing personal data might be necessary to pursue purposes resulting from the Company's legitimate interests indicated therein.

Your personal data will not be used for profiling you or for automated decision-making in relation to you.

Vendor, Payer & Commercial Engagement Partners 

If you are our vendor, payer or other commercial partner - to obtain information on the processing of your personal data for purposes other than electronic communication, please refer to the relevant privacy notice on our webpage, found here.

Job Candidates

If you apply for a job at DaVita, we will comply with applicable law.  If you would like further information on how your data is processed, please contact: People Services at DaVita at careers.malaysia@davita.com. 

Use of Our Webpage

If you visit our webpage for informational purposes, without otherwise providing us with personal information, we may automatically collect additional information about you. For example, every time you access our webpage, your browser automatically sends us the IP address assigned to your computer. Without the IP address, it is not possible for you to communicate with your browser and thus display our webpage. In addition, we or third parties on our webpage use cookie technologies and pixel tags, which have different functions and may also capture information about your IP address, your navigation of the site and the dates of access. We explain their functions and how you can disable cookies in the “Manage Cookies” section at the bottom of our webpage.

We only use automatically captured information in order to make our webpage operate efficiently and offer you our services effectively.

We require the automatically collected personal data for the effective provision of our webpage, as well as for our legitimate interest in ensuring the stability and security of the webpage.    

Transfer to Third Parties

We only transfer your personal data to third parties for the purposes set out below:

The third parties with whom we may share your personal data include

  • Any member, authorised staff or agents, on a need to know basis, depending on the specific purposes from our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who may support our processing of personal data under this notice. 
  • Appropriate and approved third parties may include:
    • our business partners, customers, suppliers and sub-contractors for the performance of any contract we enter into or other dealings we have in the normal course of business with you or the person that you work for; and
    • our auditors, legal advisors and other professional advisors or service providers.
  • In relation to information obtained via our website, analytics and search engine providers that assist us in the improvement and optimization of our site and subject to the cookie section of this notice.

Other disclosures we may make

We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets subject to the terms of this Privacy Notice.
  • If DaVita or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of supply terms and other agreements with you or the company you work for; or to protect the rights, property, or safety of DaVita, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and to prevent cybercrime.

Transfer to Third Party Countries

Within the scope mentioned above, it is possible that we may transfer your personal information outside of Malaysia to other countries (including non-EEA countries) that may have different privacy standards and laws. However, when transferring your personal information to such countries, we have established appropriate guarantees to ensure your information is protected. For more information, you may contact us on the details below.

Links to Third Party Websites

Some of our websites provide links to third party websites. DaVita cannot guarantee that such websites are subject to the same policies or standards as the DaVita websites. If you visit any third-party website, this Privacy Notice will not apply. Please consult the privacy policy of each site you visit.

In addition, our websites partially contain embedded third-party content. In order to display this content, it is technically necessary that your IP address is transmitted to the respective third party. We endeavor to use only content whose respective providers use the IP address only for the delivery of this content. However, we do not have any influence on these third-party providers using your IP address e.g. for statistical purposes. As far as we know, we will inform users of such proceedings.

Cookies and Other Information We Collect

We use cookies to improve your experience when using our websites. Cookies are small files that your Internet browser stores on your terminal and which help us to make our websites more usable for you. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

DaVita enables users to set their cookie preferences using our preference center which can be located under the manage cookie section at the bottom of our web page. The use of cookies may vary according to the DaVita website you visit. The following categories of cookies are used on our websites:

  • Strictly necessary cookies - these cookies are necessary for the website to function and cannot be switched off in our systems.
  • Performance cookies - these cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. 
  • Functional cookies - these cookies enable the website to provide enhanced functionality and personalization.
  • They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
  • Targeting cookies - these cookies may be set through our site by our advertising partners.
  • Social media cookies - these cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. 

Cookies, depending on the purpose may be stored for a certain period of time before it is automatically deleted or expires. Most internet browsers also provide instructions on how to disable cookies on your device and offer guidance on how to manage cookies in their respective help sections.

Third Party Cookies

DaVita uses third party cookies – which are cookies from a domain different than the domain of the website you are visiting – which may be used for advertising or marketing purposes. DaVita also uses analytics tools such as Google Analytics to help understand use of our websites. You can disable such targeting cookies by using our preference center available in the manage cookies section at the bottom of our web page.

How We Protect Your Personal Information

We use secure socket layer technology to encrypt your personal information, when you enter personal information using the forms on our webpage. This technology protects your personal information as it is being transmitted over the Internet from your computer to our servers. To protect our server environment, we maintain an ongoing risk management program and use adequate industry standard practices and technologies to ensure your information is well-secured.

Under the law, you have the right to request a physical or electronic copy of information held by us obtained from you. You also have the right to request information on the source of your Personal Data. Accordingly, you may (i) request disposal, change, correction or amendments of your Personal Data; (ii) limit the use and disclosure of your Personal Data; and (iii) revoke consent to the data processed.

You may contact us if you wish to exercise these rights at the following e-mail address:

Arunavathy.Paidithally@davita.com 

E-mails you Send to DaVita

This Privacy Notice does apply to content or information that you send us by e-mail. Please note that the DaVita website and e-mail correspondence is for informational purposes only and is not intended to be a medical advice and/or substitute for medical advice from a physician. Please contact your physician if you need a diagnosis or for treatments or further information regarding your specific condition.

Retention Periods

Unless specified in this Notice, we will store your personal information only for as long as necessary and/or as required by law and in accordance with our retention schedule and policy. For further information, you may contact us on the details below.

How to Contact Us for Questions and Complaints

If you have a question about this Privacy Notice, want to request information, or wish to make a complaint about an infringement of your privacy you may contact us on the details below.

Email:  Arunavathy.Paidithally@davita.com

Post:  E-08-02, 3, 3A, 5 & 6, Menara Suezcap 2, KL Gateway, No 2, Jalan Kerinchi, Gerbang Kerinchi Lestari, 59200, Kuala Lumpur 

Changes to this Privacy Notice

We reserve the right to change this Privacy Notice as we update our website, Terms of Use and Privacy Notice. Please visit this website periodically and have a look at the current Privacy Notice. This Privacy Notice was last updated on November 2020.