SYNERGY BIZ SOFTWARE DEVELOPMENT SDN. BHD, its affiliates and subsidiaries (individually and collectively, “we”, “us” or “our”) take our responsibilities under applicable privacy laws and regulations (“Privacy Laws”) seriously and are committed to protecting the privacy of our Platform users with regards to their personal data. Our Privacy Policy set out below is put together in accordance with the Privacy Laws and is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. Please read this Privacy Policy carefully.

By using the services we provide via our Platform (“Platform Service”), registering for an Account with us, visiting our Platform or accessing the Platform Service, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM. If we change our Privacy Policy, we will post those changes or the amended Privacy Policy on our Platform. We reserve the right to amend this Privacy Policy at any time.

Personal data that we collect about you

Personal data means any information in our possession that relates directly or indirectly to an individual to the extent that the individual can be identified from that and from other information in our possession.

Personal data includes, but not limited to, name, address, copies and details of identification documents, contact details, gender, details of bank account, billing address, employment history, credit and references check, marital status, commission or alleged commission of offence, personal financial, social security detail, as well as information and data generated in the ordinary course of the relationship with us which may include signatures, answers to questions intended for security verification, emergency contact numbers and call back contact details.

How we collect your personal data

We may collect your personal data during our course of dealings with you through applications and other forms submitted by you through our Platform or otherwise, and your access to our Platform, and personal data of the Service Professional (as defined in our Terms of Use) to which you hereby render your unconditional consent for us to receive, process and assess for, in relation to, the provision of our services. We may also obtain information about your general internet usage by using cookies which are stored on the hard drive of your computer. The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected. Some third parties who advertise on our Platform may also use cookies but we do not have access to them, or control over them. You can set your web browser to refuse cookies, but if you do then you may not be able to enjoy the full use of our Platform. Your personal data may also be collected from a variety of sources, including without limitation, during meetings, events, seminars, conferences, talks, road shows, surveys organised or sponsored by us, as well as public domain sources. These includes pursuant to any communications made from or with us.

Purpose of personal data collected

You hereby acknowledge, confirm and consent that we may collect, record, hold, store and/or process your personal data for the following purposes:

1.       to establish a relationship between you and us and/or companies related to or affiliated to us, our service providers and business partners;

2.        to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Platform;

3.      to manage, operate, administer and provide you with as well as to facilitate the provision of our services, including, without limitation, remembering your preferences;

4.        to tailor your experience through our services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;

5.         to process applications for products and services;

6.         for identification and/or verification;

7.         for evaluation and/or due diligence purposes;

8.         for carrying out your instructions and the provision of products and services to you, whether provided personally or through telephone or electronic means, including processing of receipts and payments;

9.         to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Platform;

10.      for data processing purposes;

11.      to evaluate and monitor provision of our services;

12.      to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions;

13.      to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;

14.      to allow other users to interact or connect with you on our Platform, including to inform you when another user has sent you a private message or posted a comment for you on our Platform;

15.      to understand your needs and offering products and services to meet those needs;

16.      for the research and development of products and services for customers use;

17.     to allow us, our related and/or affiliated companies, service providers and business partners to promote their products and services;

18.      for debt collection purposes;

19.      for enforcement of our rights and obligations of other parties to us and/or our affiliates;

20.      operating internal controls including determining amounts owed to or by you, payment to or collection of such amounts from you and from any persons providing security for your obligations and enforcing any charge or other security granted by or for you in respect of our products and services;

21.     to enable a party to evaluate any actual or proposed assignment, participation, sub-participation and/or novation of our rights and/or obligations;

22.   to meet legal and regulatory requirements, which may include disclosure, notification and record retention requirements;

23.      to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;

24.      for any transfer or proposed transfer of any part of our interests, obligations, business and/or operations;

25.    to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;

26.      to perform research, evaluation, administrative and operational tasks (including market or customer survey, due diligence, service improvement and product development, risk management, systems development, credit rating, and training);

27.      for such other purposes as permitted by applicable law or with your consent; and

28.      for all other purposes incidental and associated with any of the above,

(collectively referred to as “Permitted Purposes”).

This may require, among other things, share statistical and demographic information about our users and their use of the Platform with suppliers of advertisements and programming.

In addition, we may transfer or permit the transfer of your personal data outside of your jurisdiction for any of the purposes set out in this Privacy Policy. However, we will not transfer or permit any of your personal data to be transferred outside of such jurisdiction unless the transfer is in compliance with applicable laws.

Use and disclosure

Your personal data will not be disclosed by us to any third party without your consent, save for disclosure to:

1.         our group of companies (including our parent company, representatives, subsidiaries, affiliates, related and/or associated companies);

2.      our trustees, business partners, vendors, suppliers, agents, contractors, service providers, insurance companies, professional advisers, banks and/or financial institutions who provide banking, trust, remittance, administrative, mailing, telecommunications, call centres, business process, travel, visa, knowledge management, human resource, data processing, information technology, computer, payment, debt collection, credit reference checks or securities clearing or other services to us;

3.         our auditors, business consultants, accountants, lawyers or other professional advisers and/or consultants as we deem necessary and appropriate;

4.         the Service Professionals who have registered with our Platform for the purposes of assessing your instruction or request for Services (as defined in our Terms of Use) and/or providing you with the Services so requested through our Platform or otherwise;

5.         to any party who undertakes to keep your personal data confidential only to the extent necessary to fulfil the relevant Permitted Purposes, or to whom we are compelled or required by law to disclose to, including disclosure to courts, tribunals, legal, regulatory, tax and other government authorities; or

6.         any actual or proposed assignee or transferee of  our rights in respect of all or part of our assets or business.

Data integrity

By providing us with your personal data, you are consenting for us to act as data user for the purposes of the Privacy Laws and to be able to collect and process your personal data in accordance with this Privacy Policy. You confirm that all personal data that is provided to us is true, accurate and complete, and that none of the personal data provided is misleading or outdated. In the event of any change to your personal data, you will promptly update us.

Security of your personal data

We implement a variety of security measures and strive to ensure the security of your personal data on our systems. Your personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems.

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

Third party’s personal data

In the event you have provided us with personal data relating to third parties (for example about your spouse or children or the authorised persons or directors from an organisation or company) in connection with the services or products requested by you, you confirm that you have (i) obtained such individuals consent or are otherwise entitled to provide the individuals personal data to us for us to process and use accordingly, and (ii) informed the relevant individuals of our policy on personal data and referred them to this Privacy Policy.

Right to access and correct personal data

You have a right to request access to, request for a copy of and to request a correction of the personal data and to contact us with any inquiries or complaints in respect of your personal data. Subject to our right to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data, you have the right at any time to request us to limit the processing and use of your personal data.

Where permitted by the Privacy Laws, we reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.

Withdrawal of consent

You may communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your personal data by contacting us using the contact details below, subject to the conditions and/or limitations imposed by applicable laws or regulations.

Please note that if you communicate your withdrawal of your consent to our use, disclosure, storing or processing of your personal data for the purposes and in the manner as stated above or exercise your other rights as available under applicable local laws, we may not be in a position to continue to provide the services to you or perform any contract we have with you, and we will not be liable in the event that we do not continue to provide the services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.

Minors

We do not sell products to minors (which is to be determined based on the applicable law), nor do we intend to provide any of the services or the use of our Platform to minors. We do not knowingly collect any personal data relating to minors.

You hereby confirm and warrant that you are above the age of minority and you are capable of understanding and accepting the terms of this Privacy Policy. If you are a minor, you may use our Platform only with the involvement of a parent or legal guardian.

As a parent or legal guardian, please do not allow minors under your care to submit personal data to us. In the event that such personal data of a minor is disclosed to us, you hereby consent to the processing of the minor’s personal data and accept and agree to be bound by this Privacy Policy and take responsibility for his or her actions.

We will not be responsible for any unauthorised use of the services on our Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the services on our Platform and take necessary steps to prevent any misuse of the services on our Platform.

Third party sites

Our Platform may contain links to other websites operated by other parties, such as our business affiliates, merchants or payment gateways. We are not responsible for the privacy practices of websites operated by these other parties. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.

Disclaimer regarding security and third party sites

WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you register a user account at our Platform or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.

In an attempt to provide you with increased value, we may choose various third party websites to link to, and frame within, our Platform. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party websites (even if offered on or through our Platform) may not be received by us.

We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

Requests or queries

The abovementioned requests or queries or any queries relating to the collection and processing of personal data should be in writing or electronic mail and addressed to [email protected].

Severability

We have made every effort to ensure that this Privacy Policy adheres strictly with the relevant provisions of Privacy Laws and other applicable laws. However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from this Privacy Policy and shall not affect the validity and enforceability of the rest of this Privacy Policy. This clause shall apply only within jurisdictions where a particular term is illegal.

Changes to Privacy Policy

We reserve the right to amend this Privacy Policy at any time. We will notify you of any amendments to this Privacy Policy via announcements on our Platform or through any other mode we view appropriate and suitable.

English version shall prevail

In accordance with Section 7(3) of the Personal Data Protection Act 2010, this Privacy Policy is issued in both English and Bahasa Malaysia. In the event of any inconsistencies or discrepancies between the English version and the Bahasa Malaysia version, the English version shall prevail. For avoidance of doubt, the fact that you do use, participate in or benefit from our services shall constitute a valid and acceptable proof of your unconditional consent to or approval of the content of this Privacy Policy including the aforesaid amendment from time to time.

Version dated April 2022