Privacy Policy | Adteria

This is the privacy policy ("Privacy Policy") of Adteria (which includes all its subsidiaries, related and/or associated companies) ("Adteria", "we", "us", or "our"). This Privacy Policy shall form an integral part of the contract between you and Adteria upon your continuation of use of the Website (as defined below) and should be read together with our Terms of Service. Any capitalized terms if not expressly defined herein shall have the same meaning ascribed to them in the Terms of Service.

To process, administer and/or manage your relationship with us, we will necessarily need to collect, use, disclose and/or process your personal data. This Privacy Policy applies to personal data about you and/or individuals provided by you, possessed by us or that we obtain about you, whether now or in the future. We will only process your personal data in accordance with the Personal Data Protection Act 2010, the applicable regulations, guidelines, orders made under the Personal Data Protection Act 2010 and any statutory amendments or re-enactments made of the Personal Data Protection Act 2010 from time to time (collectively referred to as the “PDPA”) as well as this Privacy Policy.

If you are a corporate entity or an organization, references to the term “you” and “your” shall also include your directors, officers, shareholders, employees, representatives and agents.

The PDPA requires us to inform you of your rights in respect of your personal data that is being processed or that is to be collected and further processed by us and the purposes for the data processing. The PDPA also requires us to obtain your consent to the processing of your personal data. In light of the PDPA, we are committed to protecting and safeguarding your personal data.

By providing your personal data to us and/or continuing access to our website and other interactive features ("Website"), you declare that you have read and understood this Privacy Policy and agree to us processing your personal data in accordance with the manner as set out in this Privacy Policy.

We reserve the right to modify, update and/or amend this Privacy Policy from time to time. Please check the Website from time to time to see if there are amendments to this Privacy Policy. Any amendments to this Privacy Policy will be effective upon the amendments being published on the Website. By continuing to communicate with us, use our services, subscribe to our services and/or access to the Website after being notified of any amendments to this Privacy Policy, you will be treated as having agreed to and accepted those amendments.

It is necessary for us to collect and process your personal data. If you do not provide us with your personal data, or do not consent to this Privacy Policy or any amendments to this Privacy Policy, we may not be able to render all services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using the Website.

1. Collection of Personal Data

The term “personal data” means any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or are identifiable from that and other information in our possession such as name, postal address, telephone number, identity verification number, date of birth, email address, bank account details, credit card number etc. The types of personal data collected depend on the purpose of collection. We may “process” your personal data by way of collecting, recording, holding, storing, using and/or disclosing it.

Your personal data may be collected from you during your course of dealings with us in any way or manner including pursuant to your registration of account or subscription of services we provide at our Website, any transactions and/or communications made from/with us or shared with us through our dealings with our clients, business partners and affiliates. We may also collect your personal data from a variety of sources, including without limitation, at any meetings, events, seminars, conferences, talks and/or from publicly available sources.

In addition, we may also receive, store and process your personal data which are provided or made available by any third parties, credit reference bodies, regulatory and law enforcement authorities, for reasons including delivery of our products and/or services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.

2. Purpose of Acquiring and Processing Your Personal Data

The personal data as provided/furnished by you to us or collected by us from you or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the "Purposes":

to assess, process and provide products and services to you or our clients, business partners or affiliates;
to facilitate, process, deal with, administer, manage and/or maintain your relationship with us;
to consider and/or process your communication/application/transaction with us or our affiliated business partners;
to respond to your enquiries or complaints or resolve any issues and disputes which may arise in connection with any dealings with us;
to administer and process any payments related to products or services requested by you;
to carry out due diligence or other monitoring or screening activities (including background checks) in accordance with legal or regulatory obligations or risk management procedures that may be required by law or that may have been put in place by us;
to provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organized by us and selected third parties which may be of interest to you from time to time by SMS, phone call, email, mail, social media and/or any other appropriate communication channels;
to process and analyze your personal data either individually or collectively with other individuals;
to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to our products and/or services;
to share any of your personal data with the auditor for our internal audit and reporting purposes;
to share any of your personal data pursuant to any agreement or document which you have duly entered with us for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action;
to share any of your personal data with a third party necessary for the preparation of legal documents or contract to be entered by you;
to share any of your personal data with our business partners to jointly develop products and/or services;
to communicate with you and to maintain and improve business and customer relationship;
to detect, investigate and prevent any fraudulent, prohibited or illegal activity or omission or misconduct;
to enable us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
to transfer or assign our rights, interests and obligations under any agreements entered into with us;
to meet any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us;
to comply with or as required by any request or direction of any governmental authority; or responding to requests for information from public agencies, ministries, statutory bodies or other similar authorities;
to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations;
for internal administrative purposes;
for audit, risk management and security purposes;
for registration for a user account with us;
for our storage, hosting back-up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Malaysia; and/or
for other purposes required to operate, maintain and better manage our business and your relationship with us, and you agree and consent to us using and processing your personal data for the Purposes in the manner as identified in this Privacy Policy. If you do not consent to us processing your personal data for one or more of the Purposes, please notify us at the contact details below.

We may also use and process your personal data for the following marketing and promotional purposes ("Marketing and Promotional Purposes"):

to send you information, alerts, newsletters, updates, promotional materials, special privileges announcements on products, services, upcoming events, activities, promotions, campaigns, or surveys offered/organized by us and/or our selected third parties (business/marketing partners, sponsors, advertisers) which may be of interest to you; and
to share your personal data within our organization and our selected third parties (business/marketing partners, sponsors, advertisers) who may communicate with you to market their products, services, events or promotions,

from time to time by SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels. You have the right at any time to request us to stop sending you any marketing and promotional materials or contacting you for Marketing and Promotional Purposes. You may also click on the "Unsubscribe" link embedded in the relevant marketing and promotional email in order not to receive any marketing and promotional email in the future. If you unsubscribe, we may still send you non-marketing and promotional communications, such as those about your account, about the Website and/or Services or our ongoing business relations.

We will seek your separate consent for any other purposes which do not fall within the categories stated above.

We may also be collecting from sources other than yourself, personal data about you, for one or more of the above Purposes, and thereafter using, disclosing and/or processing such personal data for one or more of the above Purposes.

3. Consequences of Not Consenting to this Privacy Policy

The collection of your personal data by us may be mandatory or voluntary in nature depending on the Purposes for which your personal data is collected. Where it is mandatory for you to provide us with your personal data, and you fail or choose not to provide us with such data, or do not consent to the above or this Privacy Policy, we will not be able to provide our products and/or services or otherwise deal with you, if at all.

4. Disclosure of Your Personal Data

We will not sell, rent, transfer or disclose any of your personal data to any third party without your consent. However, we may disclose your personal data to the following third parties, for one or more of the above Purposes:

Adteria’s group of companies including Adteria’s subsidiaries, related and/or associated companies;
your emergency contact person as may be notified to us from time to time;
successors in title to us;
any person under a duty of confidentiality to which has undertaken to keep your personal data confidential which we have engaged to discharge our obligations to you;
any party in relation to legal proceedings or prospective legal proceedings;
our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business on a strictly confidential basis, appointed by us to provide services to us;
any party nominated or appointed by us either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where we have a legitimate common interest;
data centers and/or servers located within or outside Malaysia for data storage purposes;
storage facility and records management service providers;
payment channels including but not limited to banks and financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to us in connection with your procurement of our products and/or services;
government agencies, law enforcement agencies, courts, tribunals, regulatory/professional bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorized to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
our business partners, third party product and/or service providers, suppliers, vendors, distributors, contractors or agents, on a need to know basis, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business;
financial institutions, merchants and credit card organizations in connection with your commercial transactions with us;
the general public when you become a winner in a contest, participate in our events, conferences, talks and seminars by publishing your name, photographs and other personal data without compensation for advertising and publicity purposes;
any third party (and its advisers/representatives) in connection with any proposed or actual reorganization, merger, sale, consolidation, acquisition, joint venture, assignment, transfer, funding exercise or asset sale relating to any portion of Adteria; and/or
any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out in the Purposes or as instructed by you.

You should take care when using any social networking features on the Website since the information you choose to make available can be seen by other users in the selected group or general users of the social media network. We do not monitor the use of such features in the normal course of business although we reserve the right to do so at our discretion.

5. Accuracy of Your Personal Data

We take it that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data.

6. Your Rights

To the extent that the applicable law allows, you have the right to request for access to, request for a copy of, request to update or correct, your personal data held by us. You may update your personal information via our Platform if applicable. Notwithstanding the foregoing, we reserve our rights 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 (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).

In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be affected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us or the contract that you have with us will have to be terminated.

7. Retention of Your Personal Data

Any of your personal data provided to us is retained for as long as the purposes for which the personal data was collected continues; your personal data is then destroyed or anonymized from our records and system in accordance with our retention policy in the event your personal data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax or accounting requirements.

8. Security of Your Personal Data

We are committed to ensuring that your personal data is stored securely. In order to prevent unauthorized access, disclosure or other similar risks, we endeavor, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorized or unlawful processing of your personal data, and the destruction of, or accidental loss, damage to, alteration of, unauthorized disclosure of or access to your personal data.

We will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your personal data for the Purposes set out in this Privacy Policy.

The Internet is not a secure medium. However, we will put in place various security procedures with regard to the Website and your electronic communications with us. All our employees and data processors, who have access to, and are associated with the processing of your personal data, are obliged to respect the confidentiality of your personal data.

Please be aware that communications over the Internet, such as emails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.

We cannot and do not accept responsibility for any unauthorized access or interception or loss of personal data that is beyond our reasonable control.

9. Personal Data from Minors and Other Individuals

To the extent that you have provided (or will provide) personal data about other individuals including directors, shareholders, employees, representatives, agents (if you are a corporate entity/an organization), you confirm that you have explained (or will explain) to them that their personal data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their personal data in accordance with this Privacy Policy.

In respect of minors (i.e. individuals under 18 years of age) or individuals not legally competent to give consent, you confirm that you are the parent or guardian or person who has parental responsibility over them or the person appointed by court to manage their affairs or that they have appointed you to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their personal data in accordance with this Privacy Policy.

10. Transfer of Your Personal Data Outside of Malaysia

Our information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. This may include, but not limited to, instances where your personal data may be stored on servers located outside of Malaysia. In addition, your personal data may be disclosed or transferred to entities located outside of Malaysia (including that of our clients, business partners and affiliates) or where you access the Website from countries outside Malaysia. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia. You hereby expressly consent to us transferring your personal data outside of Malaysia for such purposes. We shall endeavor to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your personal data other than for that part of the Purposes and to adequately protect the confidentiality and privacy of your personal data.

11. Website

You acknowledge that the provision of your personal data to us over the Internet is entirely at your own risk. If any part of the Website links you to other websites, those websites do not operate under this Privacy Policy and we do not accept any responsibility or liability arising from those websites. We suggest you to read and understand those websites’ privacy policy before you provide your personal data to those websites.
We use cookies (an alphanumeric identifier that we transfer to your computer’s or mobile device’s hard drive so that we can recognize your web browser or mobile device, track your visits to the Website or remember your username and/or password each time you log in) to monitor your use of the Website. All such demographic data collected through cookies are not personal data and we may use this data in aggregated, statistical and/or anonymized form. You may disable cookies by changing the settings on your web browser or mobile device, although this may mean that certain features on the Website will not function properly if you set your web browser or mobile device to not accept cookies.
The Website may integrate with social sharing features and other related tools which allow you to share information with your friends or the public, depending on the settings you establish with the social sharing network. The social sharing network’s use of your personal data made available by Adteria is governed by that social sharing network’s privacy policy, not by this Privacy Policy. By connecting your social sharing network account through the Website, you agree that we may collect your personal data from your social sharing network account only in accordance with your privacy settings you have set up under your social sharing network account and for the Purposes provided under this Privacy Policy.
Our collection of your computer or mobile device location information is solely at your discretion. You can enable or disable location services when you use the Website at any time, through your computer or mobile device settings. Should you use the Website with location services enabled, you consent to our collection and dissemination of your computer or mobile device location information through the Website, as specified in this Privacy Policy. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to allow other users to see your computer or mobile device location information, as specified in this Privacy Policy.

12. Contact Details

If you have any questions about this Privacy Policy, or have any further queries, or would like to make a complaint or data access or correction request in respect of your personal data, you may contact us using this form