Legal Information

1.Disclaimer

While the Chinese Visa Application Service Centre(hereinafter referred to as the “Application Centre”) endeavors to ensure that the information on the Website is correct, the Application Centre does not warrant the accuracy and completeness of the material on the Website. The Application Centre may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Application Centre makes no commitment to update such material.


The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Application Centre provides you with the Website on the basis that the Application Centre excludes all representations, warranties, conditions and other terms including, without limitation, the conditions implied by law which, but for this disclaimer, might have effect in relation to the Website.


2. Terms and Conditions 



Article 1 Definitions

 

1.1  “Embassy” refers to the Embassy of the People's Republic of China.

1.2 “Consulate General” refers to the Consulate General of the People's Republic of China.

1.3 “Other Consular Institutions” refers to the Consulates, consular offices and related institutions of the People's Republic of China.

1.4 “Embassies and Consulates” refers to the Embassies and/or Consulates General and/or Other Consular Institutions.

1.5 “Chinese Visa Application Service Centre” refers to the institution that provides handling services relating to applications for Chinese visas according to the working procedures set by the Embassies and Consulates, hereinafter referred to as the “Application Centre”.

1.6 “Clients” refers to any individual or a third party authorized by the former submitting a Chinese visa application to the Application Centre, including individuals, travel agencies or other agencies.

1.7 “Clients' Information” refers to the data and information that Clients provide to the Application Centre in the form of paper, electronic media or any other form deemed acceptable in order for the Application Centre to provide clients with appropriate services.

1.8 “Personal Information” refers to all the required information related to a person included in the application documents submitted by a client, including, but not limited to, the name, gender, date of birth, place of birth, marital status, citizenship, passport information, telephone number, health record, criminal record, residential address, place of employment, family members, as well as any video recording, telephone call recording, email content and other private information.

1.9 “Website” refers to the website located at www.visaforchina.org where online services are provided to clients, such as information announcements, online application form completion, online appointment and visa application status query services.

1.10 “Basic Services” refers to the services directly related to visa applications that the Application Centre provides to clients.

1.11 “Extended Services” refers to services provided by the Application Centre for the convenience of clients other than the Basic Services.

1.12 “Visa fee/legalisation fee” refers to consular fees and charges payable to the Embassies and Consulates and accepted by the Application Centre from applicants on behalf of the Embassies and Consulates at rates prescribed by the Embassies and Consulates, including, but not limited to, the regular application fee, express application fee and urgent application fee.

1.13 “Application Service Fee” refers to the fee charged by the Application Centre to clients for providing them with Basic Services. The fees charged for Extended Services are not included in the Application Service Fee.

1.14 “Pickup Forms” refers to the receipts issued by the Application Centre to Clients who have submitted their Chinese visa applications/legalisation applications to the Application Centre, which serve as the only certificates evidencing payment of the Visa Fee/Legalisation Fee and Application Service Fee as well as for collecting their passports, legelisation documents and visas from the Application Centre.


Article 2 About the Basic Services Offered by the Application Centre

2.1 To receive clients and classify their visa/legalisatoin application documents in accordance with the requirements of the Embassies and Consulates.

2.2 To provide clients with intermediate business services, including computer entry of basic information, and transmission of passports, visas, legalisation documents and Clients' Information between Embassies and Consulates and the Application Centre.

2.3 To collect a Visa/Legalisation Fee in accordance with the requirements of the Embassies and Consulates and to deliver passports, visas and legalisation documents to Clients on behalf of the Embassies and Consulates.

2.4 To release and transmit information about Chinese visa/legalisation policy in accordance with the requirements of the Embassies and Consulates in a timely manner through website, information desk, telephone, fax or e-mail.

2.5 The Application Centre hereby states in particular that, government functions such as assessing, approving or refusing visa/legalisation applications and issuing visas/legalisation certificate, belong to the exclusive authority of the Embassies and Consulates, and the Application Centre is not legally empowered to provide any commitment, guarantee, interpretation or other legal obligations to clients in relation to that exclusive authority.


Article 3 About Use of the Visa Application Services

 3.1 Clients acknowledge and hereby confirm that the Application Centre is not involved in the visa/legalisation assessment and decision-making process. The Embassies and Consulates have the authority to decide whether a visa/legalisation certificate will be issued or not, the type of a visa/legalisation certificate to be issued as well as visa's validity, duration of stay and number of entries in accordance with China's relevant laws and regulations. A client is required to pay the visa/legalisation application service fee to the Application Centre regardless of approval or disapproval of an application by the Embassies and Consulates. The Application Service Fee is non-refundable.

3.2 Clients can make inquiries to the Application Centre via its website or through the telephone. Clients are required to acknowledge that the Application Centre is a non-governmental organization, and its provision of inquiry services for clients is free and based on its unilateral understanding of clients’ inquiries and the limited information known and mastered by it in order to provide assistance for its clients for their visa/legalisation applications. No matter what the circumstances are, it cannot be interpreted that the Application Centre has made any promise or assurance, nor does it bear any other legal responsibility for the answers to clients’ queries.

3.3 Clients are required to submit to the Application Centre all the relevant Clients' Information required for any visa/legalisation application, and ensure that the information provided is true, reliable and complete.  Clients acknowledge and agree that acceptance by the Application Centre of the Clients' Information provided does not mean that such Clients' Information as is provided is deemed sufficient.  The Embassies and Consulates have the right to request a client to provide additional supporting documents or request the applicant to attend an interview.

3.4 Clients shall carefully check all the information on the Pickup Form and make sure that it is correct when receiving this document issued by the Application Centre.  If any mistakes are found, clients must contact the Application Centre immediately, and the Application Centre will make necessary correction as soon as possible.

3.5 Clients must carefully check all the information on the visa/legalisation certificate issued to them and make sure that it is correct at the time when they collect their passports containing the visas/legalisation documents with certificate. If any mistakes are found, they must contact the Application Centre immediately. The Application Centre will try its best to help them with modification or re-issuance of the visa/legalisation certificate. Clients acknowledge that modifying or re-issuing a visa/legalisation certificate may involve new fees if the information on the issued visa/certificate is found incorrect due to the reasons or causes assignable to them.

3.6 To ensure service safety and service quality, a network monitoring system and telephone recording system have been installed by the Application Centre. The actions of clients at the Application Centre as well as the telephone conversation between clients and the Application Centre may be recorded and preserved, and clients hereby acknowledge and agree to this arrangement.

3.7 Unless otherwise notified by the Application Centre, clients should collect their passports and visas before the expiry of the visa.  The Application Centre accepts no obligation of taking care of any passport/legalisation documents if clients fail to collect the documents before the expiry of the visa/legal certificate. After the expiry of the visa/legalisation certificate, or 365 days of the decision by the Embassies and Consulates to issue or refuse the visa application, the Application Centre has the right to deliver the relevant travel documents to the Embassies and Consulates, which will return them to the competent authority of the passport/legalisation documents issuing country.


Article 4 About the Use and Protection of Personal Information


The Personal Data Protection Act 2010 ("PDPA")

4.1 In compliance with the requirements of the PDPA, this Notice is issued to inform you of China Bridge (Malaysia) Sdn  Bhd’s (hereinafter referred to as “Visa Centre”, “our”, “us” or “we”) commitment to the policy of protecting at all times the confidentiality, integrity and security of the information provided by you to us.

4.2 For the purposes of this Privacy Notice, China Bridge Group shall mean and include its holding company, Bank of China (Malaysia) Berhad. 

4.3 In order to enable us to deal with your inquiries / to process your applications for China visa /legalisation certificate and any other services related or incidental thereto (“the Services”), we may need to / may be required to collect, record, hold, store, use and / or disclose (i.e. process) your personal data, including bio-information(i.e. fingerprints, photo) and information which includes, but not limited to (“the Personal Data”):-

a.   Personal details:-

-          Name, age, gender, date of birth;

-          Identity card number / Passport number / Photograph;

-          Education, nationality, medical records
-          Employment information

b.   Contact details:-

-          Address, email, phone number

c.   Family information:-

-          Marital status, name of spouse, child or immediate / major family members

d.   Occupation details:-

-          Employer’s name;

-          Income range, job title;

-          Employer’s contact information and address

e.   Travel information (travel to China):-

-          Main purpose of visit;

-          Intended number of entries;

-          Expected date of 1st entry;

-          Itinerary, expenses responsibility;

-          Particulars of inviter in China (if applicable);

-          Historical records of travelling to other countries

We may from time to time request for other personal information which we consider relevant in considering / processing your applications.

4.4 We may obtain the Personal Data from yourself and from variety of sources, including but not limited to:-

a.  Chinese Embassy / Consulate General;

b.  through your relationship with us, for example information provided by you in application forms;

c.  through your verbal and written communications to us and / or our authorized agents;

d.  through recorded footage from Closed Circuit Televisions (“CCTV”) at our premises; and / or

e.  from such other sources in respect of which you have given your consent to the disclosure of information relating to you and / or where otherwise not so restricted.

4.5 The Personal Data is collected and processed by or on behalf of Visa Centre in connection with the Services. Failure to supply such information may result in Visa Centre not being able to provide / to continue in providing the Services to you. We may use the Personal Data you provided for one or more of the following purposes, which includes but not limited to:

a.   to establish your identity and background;

b.   to assess and process your applications;

c.   to provide intermediate business services,

d.   to update, consolidate and improve the accuracy of our records;

e.   to respond to your enquiries or applications or complaints and to generally resolve disputes;

f.   for crime, prevention, detection and prosecution;

g.   to enable us to consider whether to provide or continue to provide to you with the Services;

h.   to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;

i.   to conduct research for analytical purposes;

j.   to meet the disclosure requirements of any law binding on Visa Centre;

k.   to conduct black list checks;

l.   required by laws, guidelines and / or relevant regulatory authorities to disclose the Personal Data; and

m.   any other reasonable purpose(s) which might be informed by Visa Centre to you in the future.

4.6 CCTV footage, in particular, may be used for the following purposes:-

a.  for quality assurance purposes;

b.  for public safety;

c.  for detecting and deterring suspicious, inappropriate or unauthorized use of our facilities, products, services and / or premises;

d.  detecting and deterring criminal behavior; and / or

e.  conducting incident investigations.

4.7 Your Personal Data held by us will be kept confidential but we may provide or disclose such information to the following parties (whether within or outside of Malaysia):-

a.  Chinese Embassy / Consulate General;

b.  Visa Centre/ China Bridge Group’s authorized personnel;

c.  companies and / or organization that acts as Visa Centre’s agents and / or professional advisers, including the internal / external auditor;

d.  companies and / or organizations to whom we have outsourced the performance of operational functions to assist us in processing, administering and / or otherwise in the provision of the Services;

e.  any person as informed by you as authorized to, on your behalf, submit your applications, to follow up on your applicationsand / or to collect the visas.

f.  the police or any enforcement authorities’ officer conducting an investigation in connection with any offences including suspected offences;

g.  any person, authorities or regulators to whom Visa Centre is permitted or required to disclose to under the laws within or outside Malaysia;

4.8 We may transfer your Personal Data to places outside of Malaysia when carrying out any of the purposes stated herein if:-

a.  such transfer is necessary in considering and / or processing your applications;

b.  you have given consent to such transfer;

c.  such transfer is necessary for the performance of a contract between you and Visa Centre;

d.  such transfer is necessary for the conclusion or performance of a contract between Visa Centre and a third party which is entered into at your request or is in your interest;

e.  such transfer is for the purpose of any legal proceedings or for the purpose of obtaining legal advice or for establishing, exercising or defending legal rights;

f.  Visa Centre has reasonable grounds for believing that in all circumstances of the case that:-

-          such transfer is for the avoidance or mitigation of adverse action against you;

-          it is not practical to obtain your consent in writing to such transfer; or

-          if it is practical to obtain such consent, you would have given your consent;

g.  Visa Centre has taken all reasonable precautions and exercised all due diligence to ensure that your Personal Data will be processed in that place in accordance with Malaysian law;

h.  such transfer is necessary to protect your vital interests; or

i.  where the government deems that such transfer is necessary in the public interest.

4.9 Visa Centre has the discretion to keep the Personal Data provided by you as long as it is required to meet the purposes as stated here in or until a withdrawal / revocation of consent in writing is received by Visa Centre to terminate the processing of the Personal Data provided by you or for such period as may be necessary to protect the interest of Visa Centre or otherwise required by the law / judicial / legal / government authorities and / or where required by Visa Centre relevant policies. 

4.10 Visa Centre reserves its absolute right, without prior notice, to vary, revise, amend any of the provisions stated herein at any time. Any variations, addition, deletions or amendments to the provisions herein shall be binding on you and be deemed to be brought to your attention by a notice from Visa Centre to your last known address and / or published in Visa Centre’s official website.

4.11 This Notice shall apply in relation to the usage, processing and disclosure of the data of any other individual who is not an applicant but whose data is required to be collected by Visa Centre by reason of, or incidental to, the provision of the Services by Visa Centre to its applicant. In this regard, the applicant confirms and warrants that the applicant has obtained the consent of such individuals to the provision of such data to Visa Centre for the foregoing purposes and for disclosure to such parties as stipulated above.

4.12 Failure to consent may result in Visa Centre not being able provide, or continue to provide the Services to you.

4.13 You have the right, upon payment of a prescribed fee and upon written request to Visa Centre, to have access to your personal data in our possession.

4.14 Where you are of the opinion that the Personal Data held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a request in writing (by completing the necessary form) to correct and/or to update your Personal Data.

4.15 Please note that we reserve the right to withhold access to your Personal Data in certain situations, for example, when we are unable to confirm your identity or where the data requested for is of a confidential commercial nature or in the event we receive repeated requests for the same data. Nevertheless, we will notify you of the reasons for not being able to accede to your request.

4.16 Please also note that we may exercise our discretion in allowing the corrections requested and / or may require further documentary evidence of the new data to avoid fraud and inaccuracy.

4.17 You may contact Visa Centreif you have any inquiries or complaints in relation to this Privacy Notice or in relation to how we handle your Personal Data by writing or contact.

4.18 In the event of any conflict between the English and other language, the English version shall prevail.

 

Article 5 About Liability

 

5.1 If a passport/legalisation document is lost or damaged from the custody of the Application Centre, the Application Centre will bear the reasonable cost incurred by visa/legalisation  applicants for replacement of passports/legalisation documents following the normal application procedures with their country’s passport/Legalisation authority. The cost will be reimbursed on presentation of the copy of the receipt issued by the passport/legalisation authority. However, this agreement does not mean that the Application Centre will be held liable in any way.

5.2 Clients must make their visa/legalisaiton applications at an appropriate time in accordance with their travel/legal purpose arrangement. Under no circumstances will the Application Centre be responsible or liable for any delay of travel/legalisation purpose arrangement as a result of a Client's inappropriate action in regard to the time of submitting the visa/legalisation application or the visa/legalisation assessment result of the Embassies and Consulates.

5.3 If a client selects to apply by post, or requests return delivery by post in regard to a processed application, the Application Centre will not be responsible or liable for any delay, delivery to a wrong address, or damage to or loss of the documents by any mail service or delivery service company or not by the Application Centre.

5.4 To the maximum extent permitted by law, the Application Centre expressly disclaims all conditions and warranties, express or implied, in connection with the visa/legalisation application services other than any conditions or warranties expressly stated in these terms. Where the law precludes such exclusion and implies certain terms, conditions and/or warranties into the terms ("Implied Terms"), the liability of the Application Centre for a breach of such Implied Terms shall be limited, at the option of the Application Centre, to any one or more of the following:

 (a) Re-supply of the relevant application services; or

 (b) Cost of the re-supply of the relevant application services; or

 (c) Any amount paid by the Client to the applicable government department or authority in respect of the relevant application services (upon being provided with proper receipt).

5.5 Clients acknowledge and agree that under no circumstances will the Application Centre be liable to them or anyone claiming through them for any indirect, incidental, special and/or consequential losses or damages of whatever nature, or for loss or profits, loss of opportunity, loss of business or goodwill or interruption of business, whether arising out of or in connection with their application and/or any of the visa/legalisation application services, and whether or not relating to any act, error, omission or negligence by the Application Centre or any officer, agent, employee and representative of the Application Centre.

5.6 All terms hereof are governed by laws of the respective state or province where the Application Centre is located. Litigation relating to visa services will be heard by a court in the resident state or province.

Article 6 Other Terms

6.1 The Application Centre, in its sole discretion, may change, amend, cancel or withdraw any or all of the terms and conditions mentioned herein at any time without any prior notice. If a client is dissatisfied with the changes being made, the client's sole and exclusive remedy is to refuse the services which the Application Centre provides.

6.2 The client hereby agrees to accept and confirm that the applicant and / or his / her representative, prior to submitting the visa/legalisation application, has read, understood and agreed to be bound by, without limitation or qualification, all of the terms, conditions and details provided herein.

 



Print
COPYRIGHT ©2008-2014 CVASC. ALL RIGHTS RESERVED Contact Us

Business Hours:(Monday - Friday) Visa application: 9:00-15:00 Payment and collection 9:00-16:00
Location:Level 5 & 6, Hampshire Place Office, Jalan Mayang Sari, 50450 Kuala Lumpur, Malaysia
Call:603 2176 0888     Fax: 603 2161 2234     Email:klcentre@visaforchina.org

 

Legal Information

1.Disclaimer

While the Chinese Visa Application Service Centre(hereinafter referred to as the “Application Centre”) endeavors to ensure that the information on the Website is correct, the Application Centre does not warrant the accuracy and completeness of the material on the Website. The Application Centre may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Application Centre makes no commitment to update such material.


The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Application Centre provides you with the Website on the basis that the Application Centre excludes all representations, warranties, conditions and other terms including, without limitation, the conditions implied by law which, but for this disclaimer, might have effect in relation to the Website.


2. Terms and Conditions 



Article 1 Definitions

 

1.1  “Embassy” refers to the Embassy of the People's Republic of China.

1.2 “Consulate General” refers to the Consulate General of the People's Republic of China.

1.3 “Other Consular Institutions” refers to the Consulates, consular offices and related institutions of the People's Republic of China.

1.4 “Embassies and Consulates” refers to the Embassies and/or Consulates General and/or Other Consular Institutions.

1.5 “Chinese Visa Application Service Centre” refers to the institution that provides handling services relating to applications for Chinese visas according to the working procedures set by the Embassies and Consulates, hereinafter referred to as the “Application Centre”.

1.6 “Clients” refers to any individual or a third party authorized by the former submitting a Chinese visa application to the Application Centre, including individuals, travel agencies or other agencies.

1.7 “Clients' Information” refers to the data and information that Clients provide to the Application Centre in the form of paper, electronic media or any other form deemed acceptable in order for the Application Centre to provide clients with appropriate services.

1.8 “Personal Information” refers to all the required information related to a person included in the application documents submitted by a client, including, but not limited to, the name, gender, date of birth, place of birth, marital status, citizenship, passport information, telephone number, health record, criminal record, residential address, place of employment, family members, as well as any video recording, telephone call recording, email content and other private information.

1.9 “Website” refers to the website located at www.visaforchina.org where online services are provided to clients, such as information announcements, online application form completion, online appointment and visa application status query services.

1.10 “Basic Services” refers to the services directly related to visa applications that the Application Centre provides to clients.

1.11 “Extended Services” refers to services provided by the Application Centre for the convenience of clients other than the Basic Services.

1.12 “Visa fee/legalisation fee” refers to consular fees and charges payable to the Embassies and Consulates and accepted by the Application Centre from applicants on behalf of the Embassies and Consulates at rates prescribed by the Embassies and Consulates, including, but not limited to, the regular application fee, express application fee and urgent application fee.

1.13 “Application Service Fee” refers to the fee charged by the Application Centre to clients for providing them with Basic Services. The fees charged for Extended Services are not included in the Application Service Fee.

1.14 “Pickup Forms” refers to the receipts issued by the Application Centre to Clients who have submitted their Chinese visa applications/legalisation applications to the Application Centre, which serve as the only certificates evidencing payment of the Visa Fee/Legalisation Fee and Application Service Fee as well as for collecting their passports, legelisation documents and visas from the Application Centre.


Article 2 About the Basic Services Offered by the Application Centre

2.1 To receive clients and classify their visa/legalisatoin application documents in accordance with the requirements of the Embassies and Consulates.

2.2 To provide clients with intermediate business services, including computer entry of basic information, and transmission of passports, visas, legalisation documents and Clients' Information between Embassies and Consulates and the Application Centre.

2.3 To collect a Visa/Legalisation Fee in accordance with the requirements of the Embassies and Consulates and to deliver passports, visas and legalisation documents to Clients on behalf of the Embassies and Consulates.

2.4 To release and transmit information about Chinese visa/legalisation policy in accordance with the requirements of the Embassies and Consulates in a timely manner through website, information desk, telephone, fax or e-mail.

2.5 The Application Centre hereby states in particular that, government functions such as assessing, approving or refusing visa/legalisation applications and issuing visas/legalisation certificate, belong to the exclusive authority of the Embassies and Consulates, and the Application Centre is not legally empowered to provide any commitment, guarantee, interpretation or other legal obligations to clients in relation to that exclusive authority.


Article 3 About Use of the Visa Application Services

 3.1 Clients acknowledge and hereby confirm that the Application Centre is not involved in the visa/legalisation assessment and decision-making process. The Embassies and Consulates have the authority to decide whether a visa/legalisation certificate will be issued or not, the type of a visa/legalisation certificate to be issued as well as visa's validity, duration of stay and number of entries in accordance with China's relevant laws and regulations. A client is required to pay the visa/legalisation application service fee to the Application Centre regardless of approval or disapproval of an application by the Embassies and Consulates. The Application Service Fee is non-refundable.

3.2 Clients can make inquiries to the Application Centre via its website or through the telephone. Clients are required to acknowledge that the Application Centre is a non-governmental organization, and its provision of inquiry services for clients is free and based on its unilateral understanding of clients’ inquiries and the limited information known and mastered by it in order to provide assistance for its clients for their visa/legalisation applications. No matter what the circumstances are, it cannot be interpreted that the Application Centre has made any promise or assurance, nor does it bear any other legal responsibility for the answers to clients’ queries.

3.3 Clients are required to submit to the Application Centre all the relevant Clients' Information required for any visa/legalisation application, and ensure that the information provided is true, reliable and complete.  Clients acknowledge and agree that acceptance by the Application Centre of the Clients' Information provided does not mean that such Clients' Information as is provided is deemed sufficient.  The Embassies and Consulates have the right to request a client to provide additional supporting documents or request the applicant to attend an interview.

3.4 Clients shall carefully check all the information on the Pickup Form and make sure that it is correct when receiving this document issued by the Application Centre.  If any mistakes are found, clients must contact the Application Centre immediately, and the Application Centre will make necessary correction as soon as possible.

3.5 Clients must carefully check all the information on the visa/legalisation certificate issued to them and make sure that it is correct at the time when they collect their passports containing the visas/legalisation documents with certificate. If any mistakes are found, they must contact the Application Centre immediately. The Application Centre will try its best to help them with modification or re-issuance of the visa/legalisation certificate. Clients acknowledge that modifying or re-issuing a visa/legalisation certificate may involve new fees if the information on the issued visa/certificate is found incorrect due to the reasons or causes assignable to them.

3.6 To ensure service safety and service quality, a network monitoring system and telephone recording system have been installed by the Application Centre. The actions of clients at the Application Centre as well as the telephone conversation between clients and the Application Centre may be recorded and preserved, and clients hereby acknowledge and agree to this arrangement.

3.7 Unless otherwise notified by the Application Centre, clients should collect their passports and visas before the expiry of the visa.  The Application Centre accepts no obligation of taking care of any passport/legalisation documents if clients fail to collect the documents before the expiry of the visa/legal certificate. After the expiry of the visa/legalisation certificate, or 365 days of the decision by the Embassies and Consulates to issue or refuse the visa application, the Application Centre has the right to deliver the relevant travel documents to the Embassies and Consulates, which will return them to the competent authority of the passport/legalisation documents issuing country.


Article 4 About the Use and Protection of Personal Information


The Personal Data Protection Act 2010 ("PDPA")

4.1 In compliance with the requirements of the PDPA, this Notice is issued to inform you of China Bridge (Malaysia) Sdn  Bhd’s (hereinafter referred to as “Visa Centre”, “our”, “us” or “we”) commitment to the policy of protecting at all times the confidentiality, integrity and security of the information provided by you to us.

4.2 For the purposes of this Privacy Notice, China Bridge Group shall mean and include its holding company, Bank of China (Malaysia) Berhad. 

4.3 In order to enable us to deal with your inquiries / to process your applications for China visa /legalisation certificate and any other services related or incidental thereto (“the Services”), we may need to / may be required to collect, record, hold, store, use and / or disclose (i.e. process) your personal data, including bio-information(i.e. fingerprints, photo) and information which includes, but not limited to (“the Personal Data”):-

a.   Personal details:-

-          Name, age, gender, date of birth;

-          Identity card number / Passport number / Photograph;

-          Education, nationality, medical records
-          Employment information

b.   Contact details:-

-          Address, email, phone number

c.   Family information:-

-          Marital status, name of spouse, child or immediate / major family members

d.   Occupation details:-

-          Employer’s name;

-          Income range, job title;

-          Employer’s contact information and address

e.   Travel information (travel to China):-

-          Main purpose of visit;

-          Intended number of entries;

-          Expected date of 1st entry;

-          Itinerary, expenses responsibility;

-          Particulars of inviter in China (if applicable);

-          Historical records of travelling to other countries

We may from time to time request for other personal information which we consider relevant in considering / processing your applications.

4.4 We may obtain the Personal Data from yourself and from variety of sources, including but not limited to:-

a.  Chinese Embassy / Consulate General;

b.  through your relationship with us, for example information provided by you in application forms;

c.  through your verbal and written communications to us and / or our authorized agents;

d.  through recorded footage from Closed Circuit Televisions (“CCTV”) at our premises; and / or

e.  from such other sources in respect of which you have given your consent to the disclosure of information relating to you and / or where otherwise not so restricted.

4.5 The Personal Data is collected and processed by or on behalf of Visa Centre in connection with the Services. Failure to supply such information may result in Visa Centre not being able to provide / to continue in providing the Services to you. We may use the Personal Data you provided for one or more of the following purposes, which includes but not limited to:

a.   to establish your identity and background;

b.   to assess and process your applications;

c.   to provide intermediate business services,

d.   to update, consolidate and improve the accuracy of our records;

e.   to respond to your enquiries or applications or complaints and to generally resolve disputes;

f.   for crime, prevention, detection and prosecution;

g.   to enable us to consider whether to provide or continue to provide to you with the Services;

h.   to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;

i.   to conduct research for analytical purposes;

j.   to meet the disclosure requirements of any law binding on Visa Centre;

k.   to conduct black list checks;

l.   required by laws, guidelines and / or relevant regulatory authorities to disclose the Personal Data; and

m.   any other reasonable purpose(s) which might be informed by Visa Centre to you in the future.

4.6 CCTV footage, in particular, may be used for the following purposes:-

a.  for quality assurance purposes;

b.  for public safety;

c.  for detecting and deterring suspicious, inappropriate or unauthorized use of our facilities, products, services and / or premises;

d.  detecting and deterring criminal behavior; and / or

e.  conducting incident investigations.

4.7 Your Personal Data held by us will be kept confidential but we may provide or disclose such information to the following parties (whether within or outside of Malaysia):-

a.  Chinese Embassy / Consulate General;

b.  Visa Centre/ China Bridge Group’s authorized personnel;

c.  companies and / or organization that acts as Visa Centre’s agents and / or professional advisers, including the internal / external auditor;

d.  companies and / or organizations to whom we have outsourced the performance of operational functions to assist us in processing, administering and / or otherwise in the provision of the Services;

e.  any person as informed by you as authorized to, on your behalf, submit your applications, to follow up on your applicationsand / or to collect the visas.

f.  the police or any enforcement authorities’ officer conducting an investigation in connection with any offences including suspected offences;

g.  any person, authorities or regulators to whom Visa Centre is permitted or required to disclose to under the laws within or outside Malaysia;

4.8 We may transfer your Personal Data to places outside of Malaysia when carrying out any of the purposes stated herein if:-

a.  such transfer is necessary in considering and / or processing your applications;

b.  you have given consent to such transfer;

c.  such transfer is necessary for the performance of a contract between you and Visa Centre;

d.  such transfer is necessary for the conclusion or performance of a contract between Visa Centre and a third party which is entered into at your request or is in your interest;

e.  such transfer is for the purpose of any legal proceedings or for the purpose of obtaining legal advice or for establishing, exercising or defending legal rights;

f.  Visa Centre has reasonable grounds for believing that in all circumstances of the case that:-

-          such transfer is for the avoidance or mitigation of adverse action against you;

-          it is not practical to obtain your consent in writing to such transfer; or

-          if it is practical to obtain such consent, you would have given your consent;

g.  Visa Centre has taken all reasonable precautions and exercised all due diligence to ensure that your Personal Data will be processed in that place in accordance with Malaysian law;

h.  such transfer is necessary to protect your vital interests; or

i.  where the government deems that such transfer is necessary in the public interest.

4.9 Visa Centre has the discretion to keep the Personal Data provided by you as long as it is required to meet the purposes as stated here in or until a withdrawal / revocation of consent in writing is received by Visa Centre to terminate the processing of the Personal Data provided by you or for such period as may be necessary to protect the interest of Visa Centre or otherwise required by the law / judicial / legal / government authorities and / or where required by Visa Centre relevant policies. 

4.10 Visa Centre reserves its absolute right, without prior notice, to vary, revise, amend any of the provisions stated herein at any time. Any variations, addition, deletions or amendments to the provisions herein shall be binding on you and be deemed to be brought to your attention by a notice from Visa Centre to your last known address and / or published in Visa Centre’s official website.

4.11 This Notice shall apply in relation to the usage, processing and disclosure of the data of any other individual who is not an applicant but whose data is required to be collected by Visa Centre by reason of, or incidental to, the provision of the Services by Visa Centre to its applicant. In this regard, the applicant confirms and warrants that the applicant has obtained the consent of such individuals to the provision of such data to Visa Centre for the foregoing purposes and for disclosure to such parties as stipulated above.

4.12 Failure to consent may result in Visa Centre not being able provide, or continue to provide the Services to you.

4.13 You have the right, upon payment of a prescribed fee and upon written request to Visa Centre, to have access to your personal data in our possession.

4.14 Where you are of the opinion that the Personal Data held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a request in writing (by completing the necessary form) to correct and/or to update your Personal Data.

4.15 Please note that we reserve the right to withhold access to your Personal Data in certain situations, for example, when we are unable to confirm your identity or where the data requested for is of a confidential commercial nature or in the event we receive repeated requests for the same data. Nevertheless, we will notify you of the reasons for not being able to accede to your request.

4.16 Please also note that we may exercise our discretion in allowing the corrections requested and / or may require further documentary evidence of the new data to avoid fraud and inaccuracy.

4.17 You may contact Visa Centreif you have any inquiries or complaints in relation to this Privacy Notice or in relation to how we handle your Personal Data by writing or contact.

4.18 In the event of any conflict between the English and other language, the English version shall prevail.

 

Article 5 About Liability

 

5.1 If a passport/legalisation document is lost or damaged from the custody of the Application Centre, the Application Centre will bear the reasonable cost incurred by visa/legalisation  applicants for replacement of passports/legalisation documents following the normal application procedures with their country’s passport/Legalisation authority. The cost will be reimbursed on presentation of the copy of the receipt issued by the passport/legalisation authority. However, this agreement does not mean that the Application Centre will be held liable in any way.

5.2 Clients must make their visa/legalisaiton applications at an appropriate time in accordance with their travel/legal purpose arrangement. Under no circumstances will the Application Centre be responsible or liable for any delay of travel/legalisation purpose arrangement as a result of a Client's inappropriate action in regard to the time of submitting the visa/legalisation application or the visa/legalisation assessment result of the Embassies and Consulates.

5.3 If a client selects to apply by post, or requests return delivery by post in regard to a processed application, the Application Centre will not be responsible or liable for any delay, delivery to a wrong address, or damage to or loss of the documents by any mail service or delivery service company or not by the Application Centre.

5.4 To the maximum extent permitted by law, the Application Centre expressly disclaims all conditions and warranties, express or implied, in connection with the visa/legalisation application services other than any conditions or warranties expressly stated in these terms. Where the law precludes such exclusion and implies certain terms, conditions and/or warranties into the terms ("Implied Terms"), the liability of the Application Centre for a breach of such Implied Terms shall be limited, at the option of the Application Centre, to any one or more of the following:

 (a) Re-supply of the relevant application services; or

 (b) Cost of the re-supply of the relevant application services; or

 (c) Any amount paid by the Client to the applicable government department or authority in respect of the relevant application services (upon being provided with proper receipt).

5.5 Clients acknowledge and agree that under no circumstances will the Application Centre be liable to them or anyone claiming through them for any indirect, incidental, special and/or consequential losses or damages of whatever nature, or for loss or profits, loss of opportunity, loss of business or goodwill or interruption of business, whether arising out of or in connection with their application and/or any of the visa/legalisation application services, and whether or not relating to any act, error, omission or negligence by the Application Centre or any officer, agent, employee and representative of the Application Centre.

5.6 All terms hereof are governed by laws of the respective state or province where the Application Centre is located. Litigation relating to visa services will be heard by a court in the resident state or province.

Article 6 Other Terms

6.1 The Application Centre, in its sole discretion, may change, amend, cancel or withdraw any or all of the terms and conditions mentioned herein at any time without any prior notice. If a client is dissatisfied with the changes being made, the client's sole and exclusive remedy is to refuse the services which the Application Centre provides.

6.2 The client hereby agrees to accept and confirm that the applicant and / or his / her representative, prior to submitting the visa/legalisation application, has read, understood and agreed to be bound by, without limitation or qualification, all of the terms, conditions and details provided herein.