Privacy Policy

Personal Data Protection Notice for The 5 Elements Hotel 

The 5 Elements Hotel respects and is committed to the protection of your personal information and your privacy. This Personal Data Protection Notice explains how we collect and handle your personal information in accordance with the Malaysian Personal Data Protection Act 2010. Please note that The 5 Elements Hotel may amend this Personal Data Protection Notice at any time without prior notice and will notify you of any such amendment via our website or by email.

(1) Personal information

1.1 Type of personal information
Personal information means any information which relates to you and which was collected or provided to The 5 Elements Hotel for the purposes stated in Section 2 below. Your personal information may include your name, NRIC number, contact details, financial and banking account details, CCTV/security recordings and location tracking/GPS information.

1.2 Source of personal information
(i) Customer or potential customer: The 5 Elements Hotel collects your personal information directly from you or indirectly from your legal representatives, agents (e.g. travel agents) and/or employer when you, your legal representatives, agents and/or employers send us completed enquiry, application and/or registration forms via various means, including online and physical hardcopies at public venues or in any of our premises. Your personal information may also be collected from cookies through the use of our website.
(ii) Vendor, supplier, tenant or service provider: The 5 Elements Hotel collects your personal information directly from you or indirectly from your employer or credit reference agencies when tendering for projects, when you send us completed enquiry and/or credit application forms via various means, including online and physical hardcopies. Your personal information may also be collected from cookies through the use of our website.

1.3 Obligatory personal information
All information requested for in the relevant forms is obligatory to be provided by you unless stated otherwise. Should you fail to provide the obligatory information, we would be unable to process your request and/or provide you with relevant services.

(2) Purposes of collecting and further processing (including disclosing) your personal information

(i) Customer or potential customer: Your personal information is collected and further processed by The 5 Elements Hotel as required or permitted by law and to give effect to your requested commercial transaction, including the following:
– to process your requested services;
– to process your credit account application;
– to assess your credit worthiness;
– to administer and give effect to your commercial transaction (tender award, contract for service, tenancy agreement);
– to process any payments related to your commercial transaction;
– for insurance purposes;
– for internal investigations, audit or security purposes;
– to comply with The 5 Elements Hotel’s legal and regulatory obligations in the conduct of its business;
– to contact you regarding products, services, upcoming events, promotions, advertising, marketing and commercial materials which we may feel interest;
– to ensure that the content from our website is presented in the most effective manner for your and for your computer and/or device;
– for The 5 Elements Hotel internal records management, customer relations events and activities, and customer loyalty reward program

Where you have indicated your consent to receiving marketing or promotional updates from The 5 Elements Hotel, you may opt-out from receiving such marketing or promotional material at any time. You may select the “unsubscribe” option provided in The 5 Elements Hotel’s email blasts or you may contact The 5 Elements Hotel at the details provided in Section (6) below.

(3)Disclosure of personal information

3.1 Entities within The 5 Elements Hotel
Your personal information provided to us is processed by entities (in or outside of Malaysia) within The 5 Elements Hotel (including related companies, subsidiaries, holding companies, associated companies and outsourcing partners). The 5 Elements Hotel will ensure that:
(i) access to your personal information is restricted to staff who are contractually required to process your personal information in accordance with their respective job requirements; and
(ii) only necessary information is released to the relevant employees.

3.2 Classes of third parties
Your personal information may be disclosed to relevant third parties (in or outside of Malaysia) as required under law, pursuant to relevant contractual relationship (for example, where we appoint third party service providers) or for the purposes stated in Section 2 above (or directly related to those purposes).

In the event of a potential, proposed or actual sale of business, disposal, acquisition, merger or re-organization (“Transaction”), your personal information may be required to be disclosed or transferred to a third party as a result of the Transaction. You hereby acknowledge that such disclosure and transfer may occur and permit The 5 Elements Hotel to release your personal information to the other party and its advisers/representatives.

(i) Customer or potential customer:
Your personal information may be disclosed to the following classes of third parties:
Third parties appointed by us to provide services to us or on our behalf (such as auditors, lawyers, company secretary, consultants, contractors, professional advisors, service providers, printing companies, contractors, conference/training/event organiser, other advisers, travel agencies and insurance companies); Our business partners or affiliates who may jointly provide the service requested for (such as third party hotels or resorts or shopping mall tenants); Utility companies; Property management companies for management of property purchased; Foreign embassies (including agencies appointed by foreign embassies to carry out their services) if The 5 Elements Hotel assists you in your visa application as part of your requested travel services; Law enforcement agencies, including the local police; and Relevant governmental authorities statutory authorities, local council and industry regulators.

(ii) Vendor, supplier, tenant or service provider: Your personal information may be disclosed to the following classes of third parties:

Third parties appointed by us to provide services to us or on our behalf (such as auditors, lawyers, company secretary, printing companies, contractors, conference/training/event organiser, other advisers, travel agencies and insurance companies); Law enforcement agencies, including the local police; and Relevant governmental authorities, statutory authorities, local council and industry regulators.

(4) Websites
Links to other sites is provided for your convenience and information. These sites may have their own privacy statement in place, which we recommend you review if you visit any linked websites. We are not responsible for the content on the linked sites or any use of the site.

4.2 Location enabled products or applications
Location enabled products or applications transmit your location information to us. We do not use the information sent or provided other than to provide the service you request. Location enable features are opt-in and you have control over your participation and can turn these services off at any time or uninstall them.

Some mobile applications will utilize Google Analytics (or similar tool) to help us better serve you through improved products, services, and revisions to the mobile applications. This collected information will not identify you to us. It may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.

4.3 Cookies
A cookie may be used in the processing of your information. A cookie is a text file placed into the memory of your computer and/or device by our computers. A copy of this text file is sent by your computer and/or device whenever it communicates with our server. We use cookies to identify you. We may also collect the following information during your visit to our website and/or the fully qualified domain name from which you accessed our site, or alternatively, your IP address:

(i) the date and time you accessed each page on our web site;
(ii) the URL of any webpage from which you accessed our site (the referrer); and
(iii) the web browser that you are using and the pages you accessed.

Some web pages may require you to provide a limited amount of personal information in order to enjoy certain services on our websites (system login credentials, email address and contact, etc). These personal information will only be used for its intended purposes only, i.e. to respond to your message or deliver the requested services.

(5) Right to access and correct personal information
You have the right to access and correct your personal information held by us (subject always to certain exemptions). We will make every endeavour to ensure your personal information is accurate and up to date therefore we ask that if there are changes to your information you should notify us directly. If you would like to access or correct your personal information, please refer to our data access/correction forms available on HERE and send us the completed form or query to the contact details in Item 6 below.

(6) Limiting the processing of personal information, further enquiries and complaints
If: (i) you would like to obtain further information on how to limit the processing of your personal information; (ii) you have any further query; or (iii) you would like to make a complaint in respect of your personal information

For The 5 Elements Hotel Property matters: You may contact –

Email : reservation@the5elementshotel.com.my

Tel : +603 2031 6888

(7) Conflict
In the event of any conflict between this English language Personal Data Protection Notice and its corresponding Bahasa Malaysia Personal Data Protection Notice, the terms in this English language Notice shall prevail.