This privacy policy (“Privacy Policy”) is issued by SmartDrive Sdn. Bhd. (Company No. 202001001719 (1358038-U)) (the “Company", “us”, “we” or “our”), a business entity that deals with vehicle information, for you (which include such other persons or organizations or companies represented by you) (“user”, “you” or “your”) who use the Services provided by the Company. The Company recognizes the importance of properly handling your personal data; therefore, we establish this Privacy Policy, and require our officers and employees to work together to comply with this Privacy Policy. For the purpose of this Privacy Policy, “Service” shall have the same meaning as described in the Service Agreement.
For the purpose of this Privacy Policy, the expression “personal data” shall bear the meaning as defined by the Personal Data Protection Act 2010 (“PDPA”), which includes the “sensitive personal data” (as defined by the PDPA) and any personal data that may have been or may from time to time hereafter be provided by you and/or obtained independently by us from other lawful sources (if any) in connection with any commercial transaction.
This Privacy Policy explains:
what personal data we collect about you and how we collect from you;
what are the purposes of collecting your personal data;
to which third parties and under what circumstances we will disclose your personal data;
what are your rights in respect of your personal data; and
what you can do if there are any changes, questions or complaints about your personal data.
What kind of personal data do we collect?
The personal data we collect about you may include:
your identification details including but not limited to your name, age, gender, identity card number or passport number;
your correspondence address and/or permanent address (which may include office address);
your contact information (i.e. email address and mobile number);
occupation and details of occupation;
income range and financial status;
bank account information;
details about payments to and from you;
user information generated or accumulated information related to your identification, action history on communication services, information on vehicles used for user operation and information on driving of vehicles, users' smartphones (“Terminal”) or SmartDrive devices (“Devices”) mounted on the user's vehicle to use the Services;
information provided by you in relation to the Services:
information about your vehicle (i.e., vehicle registration number, vehicle manufacturer, vehicle model, year of production);
information about the Terminal owned by you (i.e., Operating System of the Terminal, Terminal model information, event information);
log and IP address information;
GPS location information and past driving history (i.e., date and time, location, driving characteristics and engine condition);
user’s driving pattern and behavior information that can be obtained from the Devices (i.e., sudden braking, sudden acceleration, idling, engine alert information and gasoline remaining amount);
accident information estimated from the impact in respect of the unique ID of the Devices issued by us; and
any other information entered by you in the input form determined by the Company;
information provided by you from other services (in the event the user is permitted to use the Service in cooperation with an external service such as a social networking service), which may be collected from the external service based on the content and terms agreed upon at the time of collection, including:
user ID used by you on the external service;
your profile image; and
any other information you approved to be disclosed in accordance with the privacy setting of the external service; and
any other information set out in the Service Agreement and as required by us from time to time for the purposes specified in Clause 4.1.
From what sources do we collect your personal data?
We may obtain your personal data from you and other sources, including but not limited to:
your relationship with us, which includes (a) information provided by you when you fill up a user profile or registration/application form (if any); (b) when you sign up for an account with us; (c) when you access or use the Services; or (d) when you communicate with us through phone calls, email and/or other correspondence methods;
any interaction between you and us through (a) social networking platforms such as Facebook and Instagram; and (b) our online chat applications and forums (if applicable);
third parties connected to you, such as your employees, joint account holders, guarantors and such other persons (subject to your prior consent for them to disclose information relating to you);
any videos or photos collected by us and/or our authorized agents;
an analysis of (a) the manner you manage your account or (b) your use of the Services; and
by using Cookies, the details of which are set out in Clause 12.
What are the purposes of collecting your personal data and user information?
You hereby acknowledge, confirm and consent that we are authorised to collect and process your personal data, for any of the following purposes:
Verification
to verify the information provided by you;
to analyse your suitability to register with us and process your registration with us; and
to verify your application for registration to use the Services;
Facilitation of Agreements
to facilitate the agreements to be entered into or that have been entered into with us;
to facilitate communications between you and us or other users in respect of such agreements;
for the provision of information to relevant authorities and service providers in particular (but not limited to) for the purpose of facilitating the provision of utilities and services or as otherwise required or permitted by the Laws (as defined in Clause 4.1.5) or the authorised utilities or the service providers;
for notification (and convening) of meetings, invoices and other documents as the Laws may require or permit;
to transfer or assign our rights, interests and obligations under any of the agreements between you and us; and
to protect or enforce our rights to recover any debt owing to us (if applicable);
Services and Support
for the provision, maintenance, protection and improvement of the Services;
to identify Terminal information (Terminal identification number, Terminal model name, Operating System information);
to provide services related to location information and movement status in respect of the sensor information obtained from the user (i.e. GPS sensor);
to administer and give effect to a commercial transaction related to the Services and the management and/or enforcement thereof, including any communication with you and other users;
to respond to and follow up on any queries, complaints or requests you or other users may have;
to conduct surveys and analysis in regard to your and other users’ data usage;
to provide personalised feedback to you in order to maintain, enhance and support the relationship between you and us and other users; and
to enhance our processes, advertising, notifications, authentication, security and compliance, analytic and preference management by using Cookies (details of usage are specified in Clause 12);
Marketing
to contact and provide you with information regarding our offers which include offers of products, services, new launches, upcoming events, promotions, advertising, marketing and commercial materials and such other information as may be determined by us to be of interest to you (via emails, text messages or other communication methods); and
to process your participation in such offers and other marketing events;
Compliance with Laws and Regulations
to comply with our obligations, compliance requirements and disclosure requirements under any law, rule, regulation, by-law, order, guideline, directive and policy enforced by the government authorities, including such other international and local laws and requirements in force and as amended from time to time relating to the commercial transaction and/or relating to the conduct of our business or activities (collectively, “Laws”);
to maintain safety and security of our Services;
for audit, compliance and risk management purposes;
to assess financial and insurance risks; and
for prevention of crimes, bribery, fraud and money laundering; and
Internal Records and Technical Issues
for our internal record keeping in the ordinary course of business;
to maintain, update, consolidate and improve the accuracy of our database records;
to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
to conduct research for analytical purposes including but not limited to data mining and analysis of your transaction with us; and
to detect, prevent and address technical issues.
In connection with the purposes set out in Clause 4.1, you hereby give permission to us to disclose your personal data to the relevant authorities, our successor in interest, sponsors, advertisers, lawyers, insurers, adjusters, other advisers, suppliers, contractors and/or service providers, our Affiliates (as defined in Clause 5.1.1) and other carefully selected third parties in accordance with Clause 5.
You further agree and acknowledge that we are authorised to collect and process your user information for the following purposes:
for acceptance of registration for the Services, identity verification, calculation of usage fee, etc.;
for guidance on the Services and responding to inquiries, etc.;
to cope with acts that violate our terms and policies regarding the Services;
to notify users of changes to the terms and conditions of the Service Agreement or this Privacy Policy;
to create aggregated data and statistical data that are abstract enough to not identify a specific individual based on user information;
to create new data by linking information collected from other services provided by the Company and other information;
to provide advertisements and other information that is considered useful to users; and/or
for the purpose of use accompanying any of the above purposes.
With whom do we share your personal data?
For the purposes of providing you with our Services, we reserve the rights to disclose your personal data to carefully selected third parties set out as follows:
on a need-to-know basis, to (a) our subsidiaries, related and associated companies; (b) our parent company including its subsidiaries, associated and related companies; and (c) our affiliates including our business partners (some of whom may be outside Malaysia and undertake administrative, management and operational functions for or on behalf of us in respect of or arising from the commercial transaction or to support sales, marketing, promotion and/or advertising efforts) (collectively, “Affiliates”);
companies and/or organizations who assist us including but not limited to our successor in interest, sponsors, advertisers, suppliers, contractors, payment gateway service providers (if applicable) and other third-party service and/or product providers;
companies and/or organizations who act as our business strategic partners which include parties that we collaborate with for certain events, programs, activities or to provide any services and/or products;
companies and/or organizations who assist us in providing you value-added services and/or products as requested by you;
our legal and professional advisors including but not limited to our lawyers, insurers, adjusters, accountants and/or financial advisors authorized by us;
your legal and professional advisors including but not limited to your lawyers, insurers, adjusters, accountants and/or financial advisors authorized by you;
any person authorized by you to give instructions and/or to use the account registered with us;
any rating agency, insurer, insurance broker and/or direct or indirect provider of credit protection;
any financial institutions, merchants, VISA International Services Association, MasterCard International Incorporated and/or other card associations in relation to any credit card and/or debit card issued to and used by you;
any person connected to the enforcement or preservation of any of our rights under the agreements between you and us;
fraud and crime prevention agencies for the purposes of assessing the risk of crime, fraud and money laundering (this forms a condition of us entering into any agreement with you);
our IT service providers who provide technical infrastructure services, software and development work, analyze how our Services are used and provided, or provide any Services to you and other users;
our marketing, research, and communications agencies;
media and news agencies for publicity purposes;
government ministries, regulatory authorities and government agencies, where applicable, in connection with any investigation or enquiries; and/or
other parties where required by the Laws.
In the event of a sale of business, disposal, acquisition, merger, joint venture, debt financing, reorganization, insolvency, bankruptcy or receivership involving us or our assets with another third party, your personal data may be required to be disclosed and/or transferred to the third party as part of our business assets. You acknowledge and authorize us to release your personal data to the third party including its advisers and representatives, and that the other party has your consent to process such personal data.
Clauses 5.1 and 5.2 shall, at all times, be subject to compliance with relevant Laws applicable to us and our business in all jurisdictions.
If your personal data is processed by the third party, we will request the third party to adhere to our standards and all applicable Laws but we bear no responsibilities and shall not be liable for any losses, damages, claims, costs and expenses of whatever nature resulting from and/or in connection with any non-compliance by the third party.
Except as set out above, we will not sell, distribute or disclose any of your personal data (except anonymous aggregate information) to any third party without your express consent.
How do we use your personal data for marketing purposes?
By using the Services, you are deemed to have consented for us to contact you via phone calls, text messages, emails and/or other electronic methods in future by using the data provided by you during your registration with us.
The consent, as specified in Clause 6.1, shall include consent to receive pictures, videos, online messages and/or emails about our or our business partners’, strategic partners’, sponsors’ or advertisers’ products, services, promotions, special offers, events and/or activities that may be of interest to you.
For the avoidance of doubt, you acknowledge and consent to the Company sharing anonymized information such as but not limited to in the following circumstances:
Aggregated Information – We may conduct joint data analytics projects with selected third-party providers using anonymized information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user’s activities outside the Services.
Behavioral-based Advertising – We may collaborate with selected third parties using anonymized information to derive certain models that would facilitate more accurate advertising to selected users.
For the purpose of Clause 6.3.2, the Company uses Google Analytics, etc., to obtain statistical information about users in order to distribute advertisements using user information and investigate user trends. For more information about Google Analytics, please see http://www.google.com/intl/ja/analytics/.
Behavior-targeted advertisements provided by business partners are based on access information obtained by Cookies and information on vehicles, which are user information that cannot identify a specific individual. The Company prohibits the identification of individuals. The Company provides user information to business partners and distributes advertisements that are considered to be useful to users through the advertising distribution system provided by business partners.
You may elect to opt out from receiving any newsletters, updates, promotional materials, festive greetings (if applicable) or other communication, in part or in whole, for general purposes or for marketing purposes set out in this Clause 6, by following the “unsubscribe” links or instructions within the email we send to you at any time. In any event, your latest written instructions to us will prevail.
When do we disclose your personal data?
Other than those set out above in Clauses 5 and 6, we will treat your personal data as private and confidential and will not disclose your personal data to any third party unless any of the following events arises:
you have given us the permission to disclose your personal data;
we are required or permitted to do so under the Laws;
we are required to fulfil our obligations as specified in this Privacy Policy;
we are required or authorized by an order of court, tribunal or authority, whether governmental or quasi-governmental, or requests from law enforcement or other government agencies with jurisdiction over us; and/or
we are required to transfer rights and obligations under this Privacy Policy.
If there are any complaints or enquiries with regard to the disclosure of your personal data to any third party under this Privacy Policy, particularly the disclosure set out in Clauses 5, 6 and 7, you may contact us at the addresses specified in Clause 13.1.
What are our obligations and your obligations?
Our Obligations: It is obligatory for us to process your personal data in the legitimate interest to run and manage the Services. We follow generally accepted industry standards to protect the personal data submitted to us. We will take all steps reasonably necessary, including all reasonable technical and organisational precautions, to ensure that your personal data is treated securely and in accordance with this Privacy Policy including all applicable Laws.
Your Obligations: It is obligatory for you to provide us with complete and accurate personal data and keep us updated of your personal data, failing which we may not be able to process your personal data to fulfil the purposes in Clause 4.1. As a consequence, (a) your application as a registered user will be rejected by us and you will not be able to access certain parts of the Services which are only accessible to a registered user; or (b) if you are a registered user, your relationship with us shall cease to be in effect and your membership will be terminated.
Where you provide any personal data for or on behalf of other persons, or you represent an organisation or a company, you covenant that:
you have obtained the consent from such other persons and necessary authorisation from such organisations or companies that the personal data is given voluntarily, accurately and in full;
you are authorised to receive any privacy notice and other related information on their behalf; and
you have been given consent and/or authorisation to transfer their personal data abroad, failing which you shall indemnify and keep us indemnified against any claims from such other persons or organisations or companies.
If there are any changes to your personal data, you hereby acknowledge that you have the obligation to inform us immediately, in any event not more than seven (7) calendar days after such changes arise. You shall send us a written notice (by mail or email) in respect of such changes, in which we will update your personal data within twenty-one (21) calendar days upon receipt of your written notice.
Notwithstanding anything to the contrary in this Clause 8, if you do not wish for any part of your personal data to be used by us for the purposes set out in this Privacy Policy, you are required to notify us immediately via phone calls or emails at the number or email address specified in Clause 13.1.
Do we store and transfer your personal data outside Malaysia?
Your personal data may from time to time be transferred to, stored, used and processed by us in places other than Malaysia. This is because some of our digital storage facilities, servers, and service providers may be located in such other places.
Your personal data may be transferred outside Malaysia to third parties located in a jurisdiction other than Malaysia where you may be at while using the Services and you hereby consent to and authorise us in respect of such transfer of your personal data outside Malaysia.
How long do we retain your personal data?
We will only retain your personal data for so long thereafter as is necessary for us to fulfil the purposes as set out in this Privacy Policy.
However, we may need to retain your personal data for longer if it is necessary for us (a) to comply with our legal obligations, (b) to respond to any disputes, claims or complaints made related to you, or (c) to enforce and execute our legal agreements and policies.
What rights do you have?
You have various rights in law in respect of your personal data retained by us. Your rights are set out as follows:
accessing your personal data (subject to payment of the relevant processing fee, if applicable);
requesting rectification or erasure of your personal data or to keep your personal data up-to-date (provided that you have complied with your obligations in Clause 8.4);
requesting restrictions on the processing of your personal data; and
objecting to our processing of your personal data.
Pursuant to your right to access your personal data in Clause 11.1.1:
you also have the right to receive a copy of your personal data in an electronic format. However, this right is limited to personal data that you have provided to us and is processed based on your consent. It does not cover personal data that we receive on other grounds or from other sources; and
we may withhold from processing your request to access your personal data in certain circumstances, including but not limited to (a) when we are unable to confirm your identity, (b) where such personal data requested is of confidential nature, or (c) when we receive repeated requests for the same data. In any event, we will promptly notify you of the reasons for not being able to accede to your request.
Subject to your rights for requests in Clauses 11.1.2, 11.1.3, and/or 11.1.4, we reserve all our rights to deny your use of the Services and/or to reject any or all your requests or require further documentary evidence for reasons permitted by the applicable Laws.
How do we use Cookies?
We and our business partners may use cookies, advertising identifiers, web beacons, tags, scripts, local shared subjects such as HTML5 and Flash, or flash cookies including other similar technology (“Cookies”) for the purposes of holding your usage data in respect of the Services.
The Cookies have unique identifiers which may be stored on the Devices, and/or in emails we send to you. The Cookies may transmit information about you and your use of the Services.
Notwithstanding any other provisions under this Privacy Policy, third parties may use the Cookies to collect the same type of information for the same purposes as specified in Clause 12.2. The third parties may associate the information about you for their other purposes, in which case we do not have any responsibility, access or control in regard to the usage of such information.
We may share non-personally identifiable information from or about you with third parties, including but not limited to location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as email address) to facilitate the display of targeted advertising.
In any event, you may disable, block or deactivate Cookies and you may also limit our sharing of your information by contacting us.
How to contact us?
If there are any changes to your personal data, if you have any question in respect of the disclosure or the use of your personal data, or if you would like to exercise any of your rights as set out in this Privacy Policy, you may contact us at:Address : Oasis Square, B-8-02, Capital 2, No. 2, Jalan PJU 1A/7, Oasis Ara Damansara, 47301 Petaling Jaya, Selangor Telephone number : +60 (0)18-387-5096 Email address : support-global@smartdrive.co.jp For the attention of Director : Tatsuro Marui
In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Privacy Policy, the English version shall prevail over the Bahasa Malaysia version.
Effective Date: [19th June, 2020]
Introduction
This privacy policy (“Privacy Policy”) is issued by SmartDrive Sdn. Bhd. (Company No. 202001001719 (1358038-U)) (the “Company", “us”, “we” or “our”), a business entity that deals with vehicle information, for you (which include such other persons or organizations or companies represented by you) (“user”, “you” or “your”) who use the Services provided by the Company. The Company recognizes the importance of properly handling your personal data; therefore, we establish this Privacy Policy, and require our officers and employees to work together to comply with this Privacy Policy. For the purpose of this Privacy Policy, “Service” shall have the same meaning as described in the Service Agreement.
For the purpose of this Privacy Policy, the expression “personal data” shall bear the meaning as defined by the Personal Data Protection Act 2010 (“PDPA”), which includes the “sensitive personal data” (as defined by the PDPA) and any personal data that may have been or may from time to time hereafter be provided by you and/or obtained independently by us from other lawful sources (if any) in connection with any commercial transaction.
This Privacy Policy explains:
what personal data we collect about you and how we collect from you;
what are the purposes of collecting your personal data;
to which third parties and under what circumstances we will disclose your personal data;
what are your rights in respect of your personal data; and
what you can do if there are any changes, questions or complaints about your personal data.
What kind of personal data do we collect?
The personal data we collect about you may include:
your identification details including but not limited to your name, age, gender, identity card number or passport number;
your correspondence address and/or permanent address (which may include office address);
your contact information (i.e. email address and mobile number);
occupation and details of occupation;
income range and financial status;
bank account information;
details about payments to and from you;
user information generated or accumulated information related to your identification, action history on communication services, information on vehicles used for user operation and information on driving of vehicles, users' smartphones (“Terminal”) or SmartDrive devices (“Devices”) mounted on the user's vehicle to use the Services;
information provided by you in relation to the Services:
information about your vehicle (i.e., vehicle registration number, vehicle manufacturer, vehicle model, year of production);
information about the Terminal owned by you (i.e., Operating System of the Terminal, Terminal model information, event information);
log and IP address information;
GPS location information and past driving history (i.e., date and time, location, driving characteristics and engine condition);
user’s driving pattern and behavior information that can be obtained from the Devices (i.e., sudden braking, sudden acceleration, idling, engine alert information and gasoline remaining amount);
accident information estimated from the impact in respect of the unique ID of the Devices issued by us; and
any other information entered by you in the input form determined by the Company;
information provided by you from other services (in the event the user is permitted to use the Service in cooperation with an external service such as a social networking service), which may be collected from the external service based on the content and terms agreed upon at the time of collection, including:
user ID used by you on the external service;
your profile image; and
any other information you approved to be disclosed in accordance with the privacy setting of the external service; and
any other information set out in the Service Agreement and as required by us from time to time for the purposes specified in Clause 4.1.
From what sources do we collect your personal data?
We may obtain your personal data from you and other sources, including but not limited to:
your relationship with us, which includes (a) information provided by you when you fill up a user profile or registration/application form (if any); (b) when you sign up for an account with us; (c) when you access or use the Services; or (d) when you communicate with us through phone calls, email and/or other correspondence methods;
any interaction between you and us through (a) social networking platforms such as Facebook and Instagram; and (b) our online chat applications and forums (if applicable);
third parties connected to you, such as your employees, joint account holders, guarantors and such other persons (subject to your prior consent for them to disclose information relating to you);
any videos or photos collected by us and/or our authorized agents;
an analysis of (a) the manner you manage your account or (b) your use of the Services; and
by using Cookies, the details of which are set out in Clause 12.
What are the purposes of collecting your personal data and user information?
You hereby acknowledge, confirm and consent that we are authorised to collect and process your personal data, for any of the following purposes:
Verification
to verify the information provided by you;
to analyse your suitability to register with us and process your registration with us; and
to verify your application for registration to use the Services;
Facilitation of Agreements
to facilitate the agreements to be entered into or that have been entered into with us;
to facilitate communications between you and us or other users in respect of such agreements;
for the provision of information to relevant authorities and service providers in particular (but not limited to) for the purpose of facilitating the provision of utilities and services or as otherwise required or permitted by the Laws (as defined in Clause 4.1.5) or the authorised utilities or the service providers;
for notification (and convening) of meetings, invoices and other documents as the Laws may require or permit;
to transfer or assign our rights, interests and obligations under any of the agreements between you and us; and
to protect or enforce our rights to recover any debt owing to us (if applicable);
Services and Support
for the provision, maintenance, protection and improvement of the Services;
to identify Terminal information (Terminal identification number, Terminal model name, Operating System information);
to provide services related to location information and movement status in respect of the sensor information obtained from the user (i.e. GPS sensor);
to administer and give effect to a commercial transaction related to the Services and the management and/or enforcement thereof, including any communication with you and other users;
to respond to and follow up on any queries, complaints or requests you or other users may have;
to conduct surveys and analysis in regard to your and other users’ data usage;
to provide personalised feedback to you in order to maintain, enhance and support the relationship between you and us and other users; and
to enhance our processes, advertising, notifications, authentication, security and compliance, analytic and preference management by using Cookies (details of usage are specified in Clause 12);
Marketing
to contact and provide you with information regarding our offers which include offers of products, services, new launches, upcoming events, promotions, advertising, marketing and commercial materials and such other information as may be determined by us to be of interest to you (via emails, text messages or other communication methods); and
to process your participation in such offers and other marketing events;
Compliance with Laws and Regulations
to comply with our obligations, compliance requirements and disclosure requirements under any law, rule, regulation, by-law, order, guideline, directive and policy enforced by the government authorities, including such other international and local laws and requirements in force and as amended from time to time relating to the commercial transaction and/or relating to the conduct of our business or activities (collectively, “Laws”);
to maintain safety and security of our Services;
for audit, compliance and risk management purposes;
to assess financial and insurance risks; and
for prevention of crimes, bribery, fraud and money laundering; and
Internal Records and Technical Issues
for our internal record keeping in the ordinary course of business;
to maintain, update, consolidate and improve the accuracy of our database records;
to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
to conduct research for analytical purposes including but not limited to data mining and analysis of your transaction with us; and
to detect, prevent and address technical issues.
In connection with the purposes set out in Clause 4.1, you hereby give permission to us to disclose your personal data to the relevant authorities, our successor in interest, sponsors, advertisers, lawyers, insurers, adjusters, other advisers, suppliers, contractors and/or service providers, our Affiliates (as defined in Clause 5.1.1) and other carefully selected third parties in accordance with Clause 5.
You further agree and acknowledge that we are authorised to collect and process your user information for the following purposes:
for acceptance of registration for the Services, identity verification, calculation of usage fee, etc.;
for guidance on the Services and responding to inquiries, etc.;
to cope with acts that violate our terms and policies regarding the Services;
to notify users of changes to the terms and conditions of the Service Agreement or this Privacy Policy;
to create aggregated data and statistical data that are abstract enough to not identify a specific individual based on user information;
to create new data by linking information collected from other services provided by the Company and other information;
to provide advertisements and other information that is considered useful to users; and/or
for the purpose of use accompanying any of the above purposes.
With whom do we share your personal data?
For the purposes of providing you with our Services, we reserve the rights to disclose your personal data to carefully selected third parties set out as follows:
on a need-to-know basis, to (a) our subsidiaries, related and associated companies; (b) our parent company including its subsidiaries, associated and related companies; and (c) our affiliates including our business partners (some of whom may be outside Malaysia and undertake administrative, management and operational functions for or on behalf of us in respect of or arising from the commercial transaction or to support sales, marketing, promotion and/or advertising efforts) (collectively, “Affiliates”);
companies and/or organizations who assist us including but not limited to our successor in interest, sponsors, advertisers, suppliers, contractors, payment gateway service providers (if applicable) and other third-party service and/or product providers;
companies and/or organizations who act as our business strategic partners which include parties that we collaborate with for certain events, programs, activities or to provide any services and/or products;
companies and/or organizations who assist us in providing you value-added services and/or products as requested by you;
our legal and professional advisors including but not limited to our lawyers, insurers, adjusters, accountants and/or financial advisors authorized by us;
your legal and professional advisors including but not limited to your lawyers, insurers, adjusters, accountants and/or financial advisors authorized by you;
any person authorized by you to give instructions and/or to use the account registered with us;
any rating agency, insurer, insurance broker and/or direct or indirect provider of credit protection;
any financial institutions, merchants, VISA International Services Association, MasterCard International Incorporated and/or other card associations in relation to any credit card and/or debit card issued to and used by you;
any person connected to the enforcement or preservation of any of our rights under the agreements between you and us;
fraud and crime prevention agencies for the purposes of assessing the risk of crime, fraud and money laundering (this forms a condition of us entering into any agreement with you);
our IT service providers who provide technical infrastructure services, software and development work, analyze how our Services are used and provided, or provide any Services to you and other users;
our marketing, research, and communications agencies;
media and news agencies for publicity purposes;
government ministries, regulatory authorities and government agencies, where applicable, in connection with any investigation or enquiries; and/or
other parties where required by the Laws.
In the event of a sale of business, disposal, acquisition, merger, joint venture, debt financing, reorganization, insolvency, bankruptcy or receivership involving us or our assets with another third party, your personal data may be required to be disclosed and/or transferred to the third party as part of our business assets. You acknowledge and authorize us to release your personal data to the third party including its advisers and representatives, and that the other party has your consent to process such personal data.
Clauses 5.1 and 5.2 shall, at all times, be subject to compliance with relevant Laws applicable to us and our business in all jurisdictions.
If your personal data is processed by the third party, we will request the third party to adhere to our standards and all applicable Laws but we bear no responsibilities and shall not be liable for any losses, damages, claims, costs and expenses of whatever nature resulting from and/or in connection with any non-compliance by the third party.
Except as set out above, we will not sell, distribute or disclose any of your personal data (except anonymous aggregate information) to any third party without your express consent.
How do we use your personal data for marketing purposes?
By using the Services, you are deemed to have consented for us to contact you via phone calls, text messages, emails and/or other electronic methods in future by using the data provided by you during your registration with us.
The consent, as specified in Clause 6.1, shall include consent to receive pictures, videos, online messages and/or emails about our or our business partners’, strategic partners’, sponsors’ or advertisers’ products, services, promotions, special offers, events and/or activities that may be of interest to you.
For the avoidance of doubt, you acknowledge and consent to the Company sharing anonymized information such as but not limited to in the following circumstances:
Aggregated Information – We may conduct joint data analytics projects with selected third-party providers using anonymized information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user’s activities outside the Services.
Behavioral-based Advertising – We may collaborate with selected third parties using anonymized information to derive certain models that would facilitate more accurate advertising to selected users.
For the purpose of Clause 6.3.2, the Company uses Google Analytics, etc., to obtain statistical information about users in order to distribute advertisements using user information and investigate user trends. For more information about Google Analytics, please see http://www.google.com/intl/ja/analytics/.
Behavior-targeted advertisements provided by business partners are based on access information obtained by Cookies and information on vehicles, which are user information that cannot identify a specific individual. The Company prohibits the identification of individuals. The Company provides user information to business partners and distributes advertisements that are considered to be useful to users through the advertising distribution system provided by business partners.
You may elect to opt out from receiving any newsletters, updates, promotional materials, festive greetings (if applicable) or other communication, in part or in whole, for general purposes or for marketing purposes set out in this Clause 6, by following the “unsubscribe” links or instructions within the email we send to you at any time. In any event, your latest written instructions to us will prevail.
When do we disclose your personal data?
Other than those set out above in Clauses 5 and 6, we will treat your personal data as private and confidential and will not disclose your personal data to any third party unless any of the following events arises:
you have given us the permission to disclose your personal data;
we are required or permitted to do so under the Laws;
we are required to fulfil our obligations as specified in this Privacy Policy;
we are required or authorized by an order of court, tribunal or authority, whether governmental or quasi-governmental, or requests from law enforcement or other government agencies with jurisdiction over us; and/or
we are required to transfer rights and obligations under this Privacy Policy.
If there are any complaints or enquiries with regard to the disclosure of your personal data to any third party under this Privacy Policy, particularly the disclosure set out in Clauses 5, 6 and 7, you may contact us at the addresses specified in Clause 13.1.
What are our obligations and your obligations?
Our Obligations: It is obligatory for us to process your personal data in the legitimate interest to run and manage the Services. We follow generally accepted industry standards to protect the personal data submitted to us. We will take all steps reasonably necessary, including all reasonable technical and organisational precautions, to ensure that your personal data is treated securely and in accordance with this Privacy Policy including all applicable Laws.
Your Obligations: It is obligatory for you to provide us with complete and accurate personal data and keep us updated of your personal data, failing which we may not be able to process your personal data to fulfil the purposes in Clause 4.1. As a consequence, (a) your application as a registered user will be rejected by us and you will not be able to access certain parts of the Services which are only accessible to a registered user; or (b) if you are a registered user, your relationship with us shall cease to be in effect and your membership will be terminated.
Where you provide any personal data for or on behalf of other persons, or you represent an organisation or a company, you covenant that:
you have obtained the consent from such other persons and necessary authorisation from such organisations or companies that the personal data is given voluntarily, accurately and in full;
you are authorised to receive any privacy notice and other related information on their behalf; and
you have been given consent and/or authorisation to transfer their personal data abroad, failing which you shall indemnify and keep us indemnified against any claims from such other persons or organisations or companies.
If there are any changes to your personal data, you hereby acknowledge that you have the obligation to inform us immediately, in any event not more than seven (7) calendar days after such changes arise. You shall send us a written notice (by mail or email) in respect of such changes, in which we will update your personal data within twenty-one (21) calendar days upon receipt of your written notice.
Notwithstanding anything to the contrary in this Clause 8, if you do not wish for any part of your personal data to be used by us for the purposes set out in this Privacy Policy, you are required to notify us immediately via phone calls or emails at the number or email address specified in Clause 13.1.
Do we store and transfer your personal data outside Malaysia?
Your personal data may from time to time be transferred to, stored, used and processed by us in places other than Malaysia. This is because some of our digital storage facilities, servers, and service providers may be located in such other places.
Your personal data may be transferred outside Malaysia to third parties located in a jurisdiction other than Malaysia where you may be at while using the Services and you hereby consent to and authorise us in respect of such transfer of your personal data outside Malaysia.
How long do we retain your personal data?
We will only retain your personal data for so long thereafter as is necessary for us to fulfil the purposes as set out in this Privacy Policy.
However, we may need to retain your personal data for longer if it is necessary for us (a) to comply with our legal obligations, (b) to respond to any disputes, claims or complaints made related to you, or (c) to enforce and execute our legal agreements and policies.
What rights do you have?
You have various rights in law in respect of your personal data retained by us. Your rights are set out as follows:
accessing your personal data (subject to payment of the relevant processing fee, if applicable);
requesting rectification or erasure of your personal data or to keep your personal data up-to-date (provided that you have complied with your obligations in Clause 8.4);
requesting restrictions on the processing of your personal data; and
objecting to our processing of your personal data.
Pursuant to your right to access your personal data in Clause 11.1.1:
you also have the right to receive a copy of your personal data in an electronic format. However, this right is limited to personal data that you have provided to us and is processed based on your consent. It does not cover personal data that we receive on other grounds or from other sources; and
we may withhold from processing your request to access your personal data in certain circumstances, including but not limited to (a) when we are unable to confirm your identity, (b) where such personal data requested is of confidential nature, or (c) when we receive repeated requests for the same data. In any event, we will promptly notify you of the reasons for not being able to accede to your request.
Subject to your rights for requests in Clauses 11.1.2, 11.1.3, and/or 11.1.4, we reserve all our rights to deny your use of the Services and/or to reject any or all your requests or require further documentary evidence for reasons permitted by the applicable Laws.
How do we use Cookies?
We and our business partners may use cookies, advertising identifiers, web beacons, tags, scripts, local shared subjects such as HTML5 and Flash, or flash cookies including other similar technology (“Cookies”) for the purposes of holding your usage data in respect of the Services.
The Cookies have unique identifiers which may be stored on the Devices, and/or in emails we send to you. The Cookies may transmit information about you and your use of the Services.
Notwithstanding any other provisions under this Privacy Policy, third parties may use the Cookies to collect the same type of information for the same purposes as specified in Clause 12.2. The third parties may associate the information about you for their other purposes, in which case we do not have any responsibility, access or control in regard to the usage of such information.
We may share non-personally identifiable information from or about you with third parties, including but not limited to location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as email address) to facilitate the display of targeted advertising.
In any event, you may disable, block or deactivate Cookies and you may also limit our sharing of your information by contacting us.
How to contact us?
If there are any changes to your personal data, if you have any question in respect of the disclosure or the use of your personal data, or if you would like to exercise any of your rights as set out in this Privacy Policy, you may contact us at:
Address : Oasis Square, B-8-02, Capital 2, No. 2, Jalan PJU 1A/7, Oasis Ara Damansara, 47301 Petaling Jaya, Selangor Telephone number : +60 (0)18-387-5096 Email address : support-global@smartdrive.co.jp For the attention of Director : Tatsuro Marui
In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Privacy Policy, the English version shall prevail over the Bahasa Malaysia version.
