Privacy Policy – Smart Selangor

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. EACH TIME YOU USE THE WEBSITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS IN CURRENT FORM. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE.

Acknowledgement and Acceptance of Terms

This website (“Website”) is owned, controlled and managed by SSDU Innovations Sdn Bhd (“SSDU”) The use of this Website is subject to these terms and conditions including any other rules or policies that are published on this Website from time to time (collectively referred to as the “Terms and Conditions”).

You may be accessing this Website from a computer or a mobile device. These Terms and Conditions govern your use of this Website and your conduct, regardless of the means of access. By accessing, browsing and using this Website:

(a) you acknowledge that you have read, understand and accepted these Terms and Conditions without any limitation or qualification; and
(b) you agree to comply with and be bound by these Terms and Conditions which form a legally binding agreement between you and SSDU.

Disclaimer

The contents available on this Website are provided on an “as is” and “as available” basis for general information only without warranties of any kind. Whilst SSDU endeavours to ensure the accuracy and reliability of the information provided on this Website, we make no warranty or representation and disclaim all responsibility and liability for:

(a) the completeness, accuracy, availability or reliability of the information or materials contained in this Website;
(b) any harm or damages to your computer system, loss of data, or other harm or damages that results from your access to or use of this Website;
(c) any damages due to statements, errors or omissions on this Website, content infringing any third-party rights, linking to any other sites or its nature or contents or any other matter regarding this Website and your use of it.

You are advised to verify any information independently. Any reliance you place on such information is strictly at your own risk.

USER CONTRIBUTIONS

SSDU may from time-to-time provide interactive services such as online forums (“Interactive Services”) that allow users to share information through posting, submitting, publishing, displaying or transmitting to other persons (“post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Terms and Conditions.

All User Contributions are the sole responsibility of the person who originated such content. Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. SSDU may, but are not required to monitor or control the User Contributions posted on this Website and we cannot take responsibility for such User Contributions. Any use or reliance on any User Contributions posted on this Website or obtained by you through this Website is at your own risk. However, all posts are subject to review and any content deemed in the SSDU’s sole judgment to be inappropriate, offensive or inconsistent with the purpose for the forum may be deleted or the posting may be deleted in whole or in part. Users who post such content may be prohibited from further use of the forums or this Website.

By providing a User Contribution, you grant SSDU and its affiliates (and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights to such User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against SSDU for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.

If you provide a User Contribution to be transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk.

User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SSDU, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. SSDU is not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. SSDU makes no representation or warranty as to the content or accuracy of any User Contributions and hereby disclaim any such representation or warranty.

Content Standards

These content standards (“Content Standards”) apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.

Without limiting the foregoing, User Contributions must not:

(a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c) Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
(e) Be likely to deceive any person.
(f) Promote any illegal activity, or advocate, promise or assist any unlawful act.
(g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(i) Conduct any commercial activities, such as marketing, promoting or selling products or services or contests, sweepstakes and other such promotions.
(j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

We reserve the right to access, read, preserve, delete, remove from this Website and disclose any User Contribution as we reasonably believe is necessary to:

(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of SSDU, its users and the public. SSDU does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

SSDU reserves the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for SSDU.

Usage Policy

You may use this Website for your own personal purposes only and for any commercial purposes. You may not copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any content on this Website including for any public or commercial purpose whatsoever, without our prior written permission.

You may not use our Site:

(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

(a) not to reproduce, duplicate, copy or re-sell any part of this Website in contravention of the provisions of our Terms and Conditions;
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of this Website;
(ii) any equipment or network on which this Website is stored;
(iii) any software used in the provision of this Website; or
(iv) any equipment or network or software owned or used by any third party.

Registered Account and Security

If you are required to register an account, you must complete the registration process by providing us with the current, complete and accurate information as prompted by the applicable registration form. You are also required to create a user name and password which you are solely responsible to maintain the confidentiality of your account and password as well as for any and all activities that occur under your account. You should notify SSDU immediately of any unauthorized use of your account or any other breach of security. SSDU will not be liable for any loss that you may incur as a result of unauthorised access to your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SSDU due to such unauthorised access. You may not use any third party’s account at any time, without the permission of the account holder.

SSDU may cancel any registration(s) or account(s) on this Website at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs and we shall not be liable to you for such cancellation.

Intellectual Property

SSDU and any third party appointed by SSDU holds all the rights for the contents, designs, graphics and source code of this Website and, in particular, by way of example but not limited thereto, for the photographs, images, texts, logos, designs, marks, trademarks, distinctive brand features, icons, sound recordings, softwares and data included on this Website. Copying, reproducing, storing, republishing, uploading, posting, transmitting, distributing in any way, in whole or in part in any form or medium, incorporating into any other work, or such other use of such copyright material without the prior express written approval of SSDU and/or such third party is an infringement of such rights. All rights not expressly granted under these Terms and Conditions are reserved.

This Website may include third party content and this is subject to that third party’s terms of use and it is your duty to comply with the same.

Trade marks

All trademarks that are included on this Website are the property of their respective owners and are protected by relevant applicable laws. You must not use any of these trade marks (including the reproduction, modification, distribution, repudiation, display or communication of these trade marks) except by saving or printing out a copy of this Website for personal non-commercial use, unless expressly authorised by SSDU or the owner of the relevant trade mark in writing.

Cookies

Cookies and/or similar technologies may be used on this Website to optimize your browsing preferences and experience through gathering data in relation to this Website. Cookies help us understand how this Website is used and how we may improve the user experience. It is not possible for cookies to access personal information on your computer and/or to find out any personal information about you, other than the date you choose to share with us. The cookies will not store your data permanently and will be deleted once you exit the browser.

You have the option to accept or decline cookies. You can decline cookies by modifying the settings in your browser, however, this may limit the functionality of this Website, or your access to our Website.

Privacy Policy

The terms and conditions of this Website Privacy Policy apply and is available at the following link: Privacy Policy

Limitation of Liability and Indemnity

Under no circumstances shall SSDU be liable for any loss, claim or any direct or indirect, incidental, special, consequential damages including but not limited to loss of profits arising out of the use or inability to use this Website. By accessing, browsing and/or using this Website, you agree to indemnify, defend and hold harmless SSDU, its officers, directors, employees, vendors, partners, affiliates and agents against any claims, actions, suits, proceedings, demands, losses, damages, penalties, fines, costs or expenses and liabilities of any kind or nature, arising out of or relating to your violation or breach of these Terms and Conditions or use by you or any third party of this Websites. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

Links to Other Websites

This Website may contain links to other websites which are owned and/or operated by third parties. These linked websites are not under SSDU’s control and we shall not be held responsible or liable for the operation, availability or contents of any linked website or any link contained in a linked website. The linked websites that may be made available in this Website are meant for your convenience only and is not an endorsement, representation, verification or approval of such linked websites or the contents therein. Access to any linked websites shall be at your own risk and SSDU shall not be responsible or liable for any damages in connection with linking. It is advisable for you to read the terms and privacy policy statements (if any) of any websites which are linked to this Website. SSDU reserves the right to add, change, decline or remove, without any notice, any link to the linked websites from this Website. The link of another website to this Website shall be subject to SSDU’s prior consent. SSDU’s consent to link with any other website should not be construed or represented to be an endorsement by SSDU of any product, services, entity or organization.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Malaysia for settlement of any disputes.

If you access this Website in a jurisdiction other than Malaysia, you are responsible for compliance with any applicable local laws. SSDU makes no warranty or representations that the content of this Website is appropriate for use outside of Malaysia or complies with the laws of any country outside Malaysia.

Severability

If for any reason, any provision herein is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.

Variations

SSDU reserves the right to update, revise and amend these Terms and Conditions and any other information contained in this Website, at any time, without any notification. SSDU may also make improvements or changes in the products, services, or programs described in this Website at any time without notice. You are advised to regularly review these Terms and Conditions for any changes. By continuing to use this Website, you agree to any changes made to this Website.

Suspension and Termination

SSDU reserves the right to suspend and/or terminate this Website at any time for any reason without notification.

Reservation of Rights

Any rights not expressly granted to you herein are reserved by SSDU.

1. INTRODUCTION

1.1 This is the privacy policy (“Privacy Policy”) of SSDU Innovations Sdn Bhd (“SSDU”, “we”, “us”, or “our”). SSDU respects the privacy of individuals with regards to personal data and are committed to the protection of your personal data and compliance of all applicable personal data protection laws and regulations in Malaysia.
1.2 This Privacy Policy applies to personal information about you and/or individuals provided by you, possessed or held by us or that we obtain about you, whether now or in future. This Privacy Policy shall form an integral part of the contract between you and SSDU upon your continuation of use of SSDU’s website (“Website”) and should be read together with our Terms and Conditions of use. Any capitalised terms if not expressly defined herein shall have the same meaning ascribed to them in the Terms and Conditions.
1.3 We will only process your Personal Data (as herein defined) 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.
1.4 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, the purposes for the data processing, the parties we disclose or have disclosed the data to and the choices available to you including how to access and correct such Personal Data. The PDPA also requires us to obtain your consent to the processing of your Personal Data. As such, we are committed to protecting and safeguarding your Personal Data.
1.5 By providing your Personal Data to SSDU and/or continuing access and use to this Website and SSDU’s mobile applications, you declare that you have read, understood and accepted this Privacy Policy and consented to us processing your Personal Data in accordance with the manner as stipulated in this Privacy Policy. If you provide personal data of third parties to SSDU, you warrant and represent to SSDU that you have obtained the required consent of the third parties for the processing of the relevant personal data by SSDU in the manner set out herein.
1.6 SSDU reserves the right, at its discretion, to change, vary, modify, add, remove, update and/or amend this Privacy Policy from time to time with reasonable prior notice to you. We will notify you of any amendments via announcements on the Website or other appropriate means. Please check the Website periodically for any changes or amendments to this Privacy Policy. Any changes and/or amendments to this Privacy Policy will be effective immediately upon posting of the revised Privacy Policy. Your continued use of the services and/or access to the Website after the posting of such changes and/or amendments constitute your binding acceptance of such changes and/or amendments to this Privacy Policy.
1.7 If you do not agree 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 this Website.
1.8 This Privacy Policy does not apply to the activities and/or practices of third parties that we do not own or control, including but not limited to any third-party websites, services, and applications that you elect to access through our Website.

2. COLLECTION OF PERSONAL DATA

2.1 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 which shall include without limitation your name, address, telephone number, identification/passport number, date of birth, photograph, email address, household information, bank account details, debit and/or credit card details, and such other information as we deem necessary or appropriate from time to time in connection with your participation in the products and/or services offered/rendered by us. 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.

2.2 Your Personal Data may be collected from you, either online or offline, during your course of dealings with us in any way or manner including pursuant to any transactions and/or communications made from/with us. We may also collect your Personal Data from a variety of sources, including without limitation, at any events, seminars, conferences, workshops, road shows, customer satisfaction surveys organised and/or sponsored by us, from publicly available sources as well as 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 services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.

3. USE OF YOUR PERSONAL DATA

The Personal Data collected by SSDU may be processed and used, inter alia, for the following purpose*:-

(a) to communicate with you and/or your company;
(b) to establish your identity and background;
(c) to maintain and improve customer relationship;
(d) to assess, process and provide products, services and/or facilities to you;
(e) to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us;
(f) to provide you with information and/or updates on our activities, products, services, upcoming promotions and/or events offered, organised, managed, facilitated, provided, sponsored and/or participated by us and/or selected third parties which may be of interest to you from time to time;
(g) to conduct research, study, assessment, survey and/or prepare reports/statistics for purpose of SSDU’s business activities;
(h) for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels, in accordance with their consent;
(i) to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
(j) to maintain and update internal record keeping;
(k) for internal administrative purposes;
(l) to send you invitation to join our events and promotions and product launch events;
(m) to monitor, review and improve our events and promotions, products and/or services;
(n) to process and analyse your Personal Data either individually or collectively with other individuals;
(o) to share any of your Personal Data with the auditor for our internal audit and reporting purposes;
(p) for audit, risk management and security purposes;
(q) for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
(r) for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
(s) to comply with any legal or regulatory requirements applicable to SSDU, and to make disclosure under the requirements of any law, regulation, direction, court order, by-law, guideline, circular or code applicable to SSDU;
(t) to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations; and/or
(u) other lawful business activities of SSDU.

4. DISCLOSURE OF PERSONAL DATA

The personal data provided by you to SSDU may, if required, be disclosed to the following third parties:
(a) SSDU’s shareholders and any of its affiliated companies within the group;
(b) Regulatory bodies, government bodies or other authorities if required or authorized to do so to discharge any regulatory function under any law or in relation to any order or judgment of a court;
(c) Parties to whom we have outsourced the performance of operational functions to assist us in processing, administering and/or otherwise fulfilling transactions that you have requested for;
(d) Selected parties within or outside Malaysia including strategic partners that work with SSDU in connection with our business activities or any event or programme;
(e) Authorised agents, contractors and/or third-party service or product providers as may be determined by SSDU to be necessary or appropriate;
(f) External professional advisors and auditors;
(g) Financial institutions for purposes of facilitating payments, if any, and/or maintaining financial records in connection with the business or contract relationship between SSDU and you and/or your company;

5. ACCURACY OF YOUR PERSONAL DATA

You hereby warrant and declare that all your Personal Data submitted or to be submitted to SSDU are accurate, not misleading, updated and complete in all respects for purposes of acquiring or using the relevant products, services and/or facilities, and you have not withheld any Personal Data which may be material in any respect and that we are authorised to assume the accuracy of the Personal Data given by you when processing such Personal Data. You will promptly update us as and when such Personal Data provided earlier to us becomes inaccurate, incomplete, misleading, outdated or changes in any way whatsoever by contacting us at the contact details below. Where specified, it is obligatory to provide your Personal Data to us to enable us to process your application for our products or services. Should you decline to provide such obligatory Personal Data, SSDU may not be able to process your application and/or request or provide you with our products or services.

6.YOUR RIGHTS

Your rights to request for access, update, correct or delete your Personal Data is subject to the exceptions provided under the PDPA and/or any other applicable laws and regulations. A prescribed fee may be applicable to cover the administration costs involved in processing your request to access your Personal Data. However, we have the right to refuse your request to access and/or correct your Personal Data for the reasons permitted under the law. For example, in such cases where the expense of providing access to you is disproportionate to the risks to your privacy, or where the rights of others may also be violated, amongst other reasons.
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).

7. RETENTION OF YOUR PERSONAL DATA

SSDU will retain your Personal Data in compliance with this Privacy Policy and/or the terms and conditions of your agreement(s) with SSDU for the duration of your relationship with us, for such period as may be necessary to protect the interests of SSDU and/or its stakeholders as may be deemed necessary, where otherwise required by the law and/or where required by SSDU’s relevant policies.

8. SECURITY OF YOUR PERSONAL DATA

We endeavour to take all reasonable steps to protect your Personal Data and keep your Personal Data secured. Our site may link to other websites and we are not responsible for their data policies, procedures or their content. We cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control.

9. TRANSFER OF YOUR PERSONAL DATA

It may be necessary for us to transfer your Personal Data to a third-party service or product providers within or outside Malaysia. You consent to us transferring your Personal Data outside Malaysia in these instances. We shall endeavour 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 the intended purposes and to adequately protect the confidentiality and privacy of your Personal Data.

10. PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS

To the extent that you have provided (or will provide) Personal Data about your family, spouse and/or other dependents, you confirm that you have explained 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 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.

11. 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 at the contact details below:

SSDU Innovations Sdn Bhd
15th Floor, Plaza Perangsang
Persiaran Perbandaran
Seksyen 14
40000 Shah Alam
Selangor Darul Ehsan
Malaysia

Email: ssdu@mbiselangor.com.my
Telephone No.: +603 50350900
Facsimile No.: +603 50350940