Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) govern access to and use of https://www.atomicgroup.my/ and its related pages, registration, recruitment, application, enquiry and content features (collectively, the “Site”). The Site is operated for ATOMIC’s Malaysia activities under the ATOMIC Recruitment Malaysia / ATOMIC Group brand by AGENSI PEKERJAAN ATOMIC SDN. BHD. (Company Registration No. 202401046650 (1592496-X)) (“ATOMIC”, “we”, “us” or “our”). “ATOMIC Group” is a brand reference and does not, by itself, make every group company a party to these Terms.

The Site displays Private Employment Agency Licence Number JTKSM1775. Recruitment activities are subject to the Private Employment Agencies Act 1981 (Act 246), its regulations and the conditions applicable to the relevant licence. Recruitment activities are carried out only subject to the applicable licence conditions and Malaysian law.

By accessing or using the Site, creating an account or submitting information, you agree to these Terms to the extent permitted by applicable law. Our Privacy Policy at https://www.atomicgroup.my/privacy-policy.html explains how personal data is processed. Where applicable law requires a separate notice, choice or consent, acceptance of these Terms does not replace it. If you do not agree to these Terms, please do not use the Site. Nothing in these Terms excludes rights or obligations that cannot lawfully be excluded.

1. Website Purpose and Recruitment Relationships

The Site provides information about ATOMIC’s recruitment and Executive Search services, vacancies, career opportunities and market insights. Viewing the Site, creating an account, submitting a CV, enquiring about a role or applying for a vacancy does not, by itself, create an employment relationship, guarantee an interview or job offer, or appoint ATOMIC under a client service engagement.

Any client engagement, recruitment fee, scope of work, candidate introduction condition, replacement arrangement, payment term or other commercial arrangement is governed by a separate written agreement or terms of business agreed with the relevant ATOMIC legal entity. If such an agreement conflicts with these general website Terms in relation to the services covered by that agreement, the expressly agreed written terms prevail to the extent of the conflict.

A candidate’s employment relationship, if any, is with the employing organisation under the applicable employment agreement. ATOMIC does not guarantee that a vacancy will remain open, that an employer will review or shortlist an application, or that any candidate will be interviewed, offered or appointed to a role.

2. Links to and from Other Websites

The Site may contain links to third-party job boards, social networks, application pages, group websites, maps, video platforms and other resources. Those websites are operated by third parties and may have their own terms and privacy notices. Unless expressly stated, a link does not mean that ATOMIC endorses or has verified the third-party service or its content.

To the extent permitted by applicable law, ATOMIC is not responsible for the availability, content, accuracy, security or privacy practices of third-party websites or services. You should review the applicable third-party terms and privacy notices before using them. You may link to the publicly accessible home page of the Site in a fair and lawful manner that does not falsely suggest affiliation or endorsement. Framing, mirroring or embedding substantial parts of the Site without our prior written consent is prohibited except where permitted by law.

3. Information, Disclaimers and Liability

Materials on the Site—including vacancy descriptions, employment-related articles, salary guides, market outlooks and other insights—are provided for general information. They are not legal, tax, immigration, investment or individually tailored employment advice. We take reasonable steps to maintain useful and reasonably current information, but information may be incomplete, change over time or contain errors.

Vacancies and information about employers, role requirements, salary ranges, benefits, locations, work arrangements and recruitment schedules may change, be withdrawn or be filled. Salary ranges and market data are indicative only and are not guarantees of compensation or employment outcomes. ATOMIC takes reasonable steps to review recruitment advertisements it publishes and will not knowingly disregard applicable statutory requirements concerning the accuracy of vacancy advertisements. Advertisers and clients remain responsible for the accuracy and lawfulness of information they provide, without limiting ATOMIC’s own legal duties.

To the extent permitted by law, ATOMIC does not guarantee that an employer will review or shortlist a candidate, invite a candidate to interview, make an offer or hire any person; that a candidate will be suitable, available or eligible for a role; that any vacancy or commercial opportunity will remain available; or that the Site will always be uninterrupted, error-free or secure. We do not guarantee the availability or security of third-party links, downloads, integrations or services.

To the maximum extent permitted by Malaysian law, ATOMIC excludes liability for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or data arising from use of the Site. This limitation does not apply to the extent that the relevant liability cannot lawfully be excluded or restricted, including any applicable non-excludable statutory rights or remedies and liability for fraud or wilful misconduct where applicable. Nothing in these Terms excludes or limits ATOMIC’s statutory obligations under recruitment or personal data protection laws.

4. Acceptable Use

You may use the Site only for lawful recruitment-related, career research, employer enquiry and other purposes made available by ATOMIC. You must not:

(a) publish, submit, upload or transmit unlawful, defamatory, discriminatory, harassing, threatening, obscene or rights-infringing material;

(b) encourage an offence or breach of applicable law;

(c) impersonate another person or misrepresent your identity, qualifications, employment history, credentials or work authorisation;

(d) provide materially inaccurate, misleading or fraudulent information;

(e) submit another person’s personal data, confidential employer information or referee details without appropriate authority or another lawful basis;

(f) infringe intellectual property, privacy, confidentiality or other third-party rights;

(g) send spam, phishing messages or unauthorised commercial solicitations;

(h) upload malicious code or files intended to harm systems or data;

(i) attempt unauthorised access to accounts, systems, databases or information;

(j) interfere with the Site through denial-of-service attacks, flooding, abusive automated submissions or circumvention of security controls;

(k) harvest or systematically extract candidate data, consultant contact details, vacancy listings or Site content for resale, unsolicited marketing, competing databases or other unauthorised commercial purposes; or

(l) otherwise impair the Site or use it unlawfully.

ATOMIC may investigate credible misuse, remove submissions, restrict features or suspend access where reasonably necessary, proportionate and lawful, and may cooperate with competent authorities where required by law.

5. Accounts, Applications and Candidate Information

The Site may offer candidate registration, sign-in, job application forms, CV uploads, contact forms and information-request forms. You must provide information that is accurate, current and complete, and must have the authority to provide it. Please update materially changed information through available account features or by contacting ATOMIC.

You are responsible for protecting your login credentials and promptly reporting suspected unauthorised access to enquiries@atomicgroup.my. We may request verification, require a password reset or temporarily restrict access where reasonably necessary to protect users or the Site. Nothing in this section excludes liability that cannot lawfully be excluded.

Application forms may request contact details, a CV, employment history, qualifications and information relevant to a particular vacancy. ATOMIC will not request an NRIC or passport number at the initial application stage unless the information is required by law or is reasonably necessary for a specific, disclosed and lawful recruitment-related purpose. Do not submit identity documents or other sensitive information unless requested through an appropriate process. Do not upload another person’s personal data or confidential documents without appropriate authority or another lawful basis.

Personal data submitted to ATOMIC may be used to administer your enquiry or application, assess suitability for relevant opportunities, provide recruitment services and communicate with you, in accordance with the Privacy Policy and applicable law. Where relevant to a vacancy or recruitment service, personal data may be disclosed to the prospective employer or client for that purpose. Depending on the service and applicable notice, data may also be shared with ATOMIC group companies involved in the relevant recruitment activity, service providers supporting recruitment or information technology, and referees or screening providers where appropriate and lawful. Acceptance of these Terms does not replace any separate consent or notice required by law.

Personal data may be accessed or transferred outside Malaysia where necessary for the purposes described in the Privacy Policy, subject to applicable legal requirements and safeguards. The Privacy Policy explains how to contact ATOMIC about access, correction, withdrawal of consent where applicable, marketing opt-outs and other data-subject requests.

You may contact enquiries@atomicgroup.my for assistance with account access or closure and related requests. Account closure does not automatically require deletion of records that ATOMIC is legally required to retain, or may otherwise lawfully retain for a continuing and properly disclosed purpose. Personal data will be retained only for as long as reasonably necessary for the relevant purpose or as required or permitted by applicable law, and will then be deleted, destroyed or anonymised as appropriate.

The availability of job alerts, self-service account deletion or other account features depends on the features actually provided on the Site. This does not limit any data-subject right or other obligation that applies under law.

These website Terms do not themselves impose a fee on candidates. Any fee, if applicable, must be expressly disclosed and comply with Act 246, its schedules and all other applicable legal requirements, including applicable limits and receipt requirements.

6. Aggregated Information and Analytics

ATOMIC may compile statistical and aggregated information about Site visits, application trends, role demand, industry interests and engagement with content to understand usage and improve services. Information that has been irreversibly anonymised so that it no longer identifies an individual may be used for business analysis and shared with advisers or service providers for appropriate purposes.

Information that remains identifiable or can reasonably be linked to an individual is personal data and will be handled in accordance with the Personal Data Protection Act 2010, as amended, and the Privacy Policy. Pseudonymised or grouped information is not automatically anonymous. Cookies, analytics tools and similar technologies, where used, are addressed in applicable cookie information or the Privacy Policy. Any international access to or transfer of personal data must comply with applicable legal requirements and safeguards.

7. Vacancies, Advertising and Sponsorship

The Site may display vacancies, recruitment notices, client-related content, third-party promotions or sponsored material. Vacancy information may be supplied by or based on information obtained from employers and may change. ATOMIC takes reasonable steps to review vacancy information it publishes and may decline, amend or remove advertisements where appropriate and lawful. Clients and advertisers are responsible for the accuracy and lawfulness of information they supply; this does not reduce ATOMIC’s own statutory responsibilities.

The Site will display the relevant private employment agency licence information as required by applicable law. The appearance of promotional or sponsored material does not automatically signify ATOMIC’s endorsement of the advertiser, product or service.

8. Intellectual Property and User Submissions

Unless otherwise stated, the ATOMIC name, branding, logos, designs, original reports, salary guides, text, graphics, photographs, website layout, software and other Site materials are owned by ATOMIC, relevant group companies or their respective licensors and are protected by applicable intellectual property laws.

You may view, download or print a reasonable portion of publicly available materials for personal, non-commercial use, provided that copyright and proprietary notices remain intact. This permission does not transfer ownership or authorise commercial publication, redistribution, translation, adaptation, resale, systematic extraction, database building, automated republication or use of ATOMIC trade marks. Prior written permission is required for such uses except to the extent that applicable law expressly permits them.

You remain responsible for ensuring that materials you submit, including your CV, comments or supporting documents, are provided lawfully and do not infringe another person’s rights. You grant ATOMIC a limited, non-exclusive permission to store, reproduce where technically necessary, process and use submitted materials for the recruitment or other purpose for which they were provided, subject to the Privacy Policy and applicable data protection law. This permission does not transfer ownership of your materials.

9. Operator, Governing Law and Disputes

The Site is operated for ATOMIC’s Malaysia activities by AGENSI PEKERJAAN ATOMIC SDN. BHD. (Company Registration No. 202401046650 (1592496-X)), under the ATOMIC Recruitment Malaysia / ATOMIC Group brand. The Site displays Private Employment Agency Licence Number JTKSM1775. Recruitment activities are carried out only subject to the applicable licence conditions and Malaysian law.

These Terms and disputes relating to access to or use of the Site are governed by the laws of Malaysia, subject to mandatory legal rights and remedies that cannot lawfully be excluded. The courts of Malaysia may hear disputes arising from these Terms, without prejudice to any mandatory statutory forum, tribunal, regulator or other remedy available under Malaysian law. A separate written recruitment services agreement may contain its own governing law and dispute-resolution provisions.

10. International Access and Cross-Border Recruitment

The Site may be accessible outside Malaysia and may describe cross-border recruitment opportunities or regional activities of ATOMIC Group. The availability of Site content in another jurisdiction does not mean that ATOMIC is authorised to provide every regulated recruitment service in that jurisdiction. Users must comply with laws applicable to their use of the Site.

Where a recruitment activity involves recruiting a person residing in Malaysia for employment outside Malaysia, ATOMIC will comply with any endorsement, approval, security, documentation or other requirement applicable under Act 246 and other relevant law before carrying out the regulated activity. Processing or transferring personal data outside Malaysia will be handled in accordance with applicable law and the Privacy Policy. Accessing the Site from another country does not waive applicable data-protection rights.

11. Suspension, Termination and Changes to These Terms

ATOMIC may suspend, restrict or discontinue access to all or part of the Site, or close an account, where reasonably necessary for security, legal compliance, suspected fraud, a material breach of these Terms or material operational reasons. We will provide notice where reasonably practicable, unless urgency, law or security considerations make notice inappropriate. Users may stop using the Site at any time and may contact ATOMIC about account closure.

Termination does not affect rights or obligations accrued before termination, lawful retention of relevant records, obligations under a separate client agreement or provisions intended to survive, subject always to mandatory legal rights.

ATOMIC may revise these Terms from time to time. Updated Terms will be published on the Site with an effective date. We will provide notice of material changes where required by law or reasonably appropriate. Where a change affects the purposes for which personal data is processed or requires consent under applicable law, we will provide the relevant notice and seek consent separately where required; continued use alone will not replace a legally required consent.

12. Contact and Copyright

For questions about the Site or these Terms, contact:

ATOMIC Recruitment Malaysia / ATOMIC Group (Malaysia website)

WeWork Mercu 2, Level 40, No. 3 Jalan Bangsar, KL Eco City,
59200 Wilayah Persekutuan Kuala Lumpur, Malaysia

Email: enquiries@atomicgroup.my
Telephone: +603 7890 5013
Website: https://www.atomicgroup.my/
Private Employment Agency Licence Number displayed on the Site: JTKSM1775

For privacy enquiries or personal-data requests, please use the contact details and procedures set out in the Privacy Policy: https://www.atomicgroup.my/privacy-policy.html. Relevant contact information and any Data Protection Officer details will be maintained in accordance with applicable law.