CONTEST TERMS AND CONDITIONS

Contest Terms and Conditions OF ACO TECH SDN BHD

Last Updated: 21/10/2022


The Basic Terms and the Standard Terms and Conditions (collectively “Terms and Conditions”) and the Privacy Notice shall be binding on all eligible participants who have fulfilled the Eligibility Criteria as set out in the Basic Terms (“Participants” or each a “Participant”) who participate in this giveaway or contest, as the case may be, which details are set out in the Basic Terms (“Contest”). The definitions in the Standard Terms and Conditions shall apply unless otherwise expressly stated in the Basic Terms. In the event of any inconsistency between the Basic Terms, the Standard Terms and Conditions and the Privacy Notice, the terms shall be interpreted in the following order of precedence except to the extent that a term expressly and specifically states an intent to supersede other terms on a specific matter: (i) the Basic Terms, (ii) the Standard Terms and Conditions and (iii) the Privacy Notice.

 

By participating in the Contest, the Participants shall be deemed to accept the Terms and Conditions and the Privacy Notice unconditionally. If the event that the Participant is not agreeable to the Terms and Conditions and the Privacy Notice, the Participant must not participate in this Contest.

A. BASIC TERMS

1.OrganizerACO Tech Sdn Bhd
2.ContestATLAS Photo Contest
3.Brief mechanism of Contest

1.     Participant is required to first download the ATLAS Auto application;

2.     Participant shall take any photo that demonstrates the theme of “Light” provided always that such photo shall not contain any obscene, vulgar or hate speech kind of element (“Photo”). The Organizer reserve the right to remove the Photo if it contains any vulgar element.

3.     Once the Photo has been taken, the Participant is required to (i) upload and submit his entry in the Community section of the Explore tab in the ATLAS Auto app; and (ii) hastag *ATLASPhotoContest (“Entries” or each a “Entry”)

4.     Participant can submit multiple Entries.

5.     Five (5) Participants with the most creative Entry will be entitled to the Prize (“Winners” and each a ‘Winner”).

4.Eligibility Criteria

1.     A successful registered user of the ATLAS Auto application which can be downloaded from the Apple Store, Huawei AppGallery and Google Playstore.

2.     Participants must be residing in Malaysia during the Contest Period.

5.Age of EligibilityLegal age of 18 and above
6.Contest Period22nd October 2022 to 31st October 2022 (both dates inclusive)
7.Language of ContestEnglish
8.Selection of Winners

1.     The five (5) most creative Entry shall be the Winners.

2.     The selected Winners must not have won any contest prize from the Organizer previously, unless agreed otherwise by the Organizer.

3.     All decisions made by the Organizer and/or panel are final and cannot be appealed by the Participants.

4.     The the Organizer and/or panel’s decisions on all matters relating to the Contest (including without limitation, the selection of Winner, play of the Contest and/or any resolutions made) shall be final and absolute and binding on the participants. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of foodpanda will be entertained.

5.     The Participants shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Contest Period.

9.PrizesFive (5) units of Blask 05 Cleanse Shampoo by Rayno
10.Notification of winners

1.     The Organizer may contact all the Winners via email, push notification and/or such mode of communication (“Notification”) as the Organizer deems appropriate within ten (10) working days from the end of the Contest Period, regarding the Prize collection or redemption which shall be determined by the Organizer at its sole discretion.

2.     The Organizer may publish an announcement regarding the Contest and/or Winners on its social media platforms (such as: Facebook, Instagram & Twitter).

3.     The winner may be allowed to send representatives to collect the Prize on their behalf provided always that an authorisation letter has been sent to the Organizer.

4.     Any expenses to collect the Prize shall be borne by the Winner.

11.Collection PeriodNil. Prizes will be delivered via courier or post
12.Collection VenueNil. Prizes will be delivered via courier or post
13.Additional Terms, if any

1.     This Contest is in no way sponsored, endorsed, administered by, or associated with Facebook. Participants understand that they are providing their information to the Organizer and not Facebook or Instagram.

2.     Participants agree to release Facebook and/or Instagram (as the case maybe) from any liability in relation to this Contest.

B. STANDARD TERMS AND CONDITIONS

  1. INTRODUCTION
    1. This Standard Terms and Conditions (“Standard T&C”) shall govern the Contest that is organized by the Organizer as named in the Basic Terms. The Standard T&C and shall be in addition to the terms as set out in the Basic Terms (the Basic Terms and the Standard T&C shall collectively be referred to as “Terms and Conditions”).
    2. The Contest will be held during the Contest Period as set out in the Basic Terms. The Organizer reserves the right to vary, postpone or re-schedule the dates of the Contest or extend the Contest Period at its sole discretion.
    3. The brief mechanism of the Contest is set out in the Basic Terms. The Participants must adhere to the mechanism of the Contest as may be briefed and communicated to the Participants by the Organizer from time to time during the Contest Period.
    4. The Contest will be organized by the Organizer in the Contest Language as set out in the Basic Terms.
    5. The Organizer reserves the right to at any time, change, amend, delete or add to the Terms and Conditions and other rules and regulations including the mechanism of the Contest at its absolute discretion.
    6. The Organizer may terminate or suspend the Contest at any time at its absolute discretion in which case, the Organizer may elect not to award any prize. Such termination or suspension will not give rise to any claim by the Participants. If the Contest is resumed by the Organizer, the Participant shall abide by the Organizer’s decision regarding resumption of the Contest and disposition of the Prizes.
  2. ELIGIBILITY
    1. The Participant Eligibility Criteria are as set out in the Basic Terms.
    2. Participants may be required to submit further proof of their eligibility within such timeframe as may be required by the Organizer failing which the Organizer shall be entitled to disqualify the Participant.
  3. INELIGIBILITY
    1. Persons who are ineligible to participate in the Contest are as set out in the Basic Terms.
  4. DISQUALIFICATION
    1. The Organizer reserves the right to disqualify Participants and/or revoke the Prize (at any stage of the Contest) if:
      1. The Participant are ineligible or does not meet any of the Eligibility Criteria; or
      2. “The Participant breaches of the Terms and Conditions or other rules and regulations of the Contest or violated any applicable laws or regulations; or
      3. in the Organizer’s sole determination, it believes that the Participant has attempted to undermine the operation of the Contest by fraud, cheating or deception.
    2. In the event of a disqualification after the Prize has been awarded, the Organizer reserves the right to demand for the return of the Prize or payment of its value from the ineligible Participant.
    3. Whilst the Organizer will endeavour to conduct necessary verifications on the eligibility of Participants, failure to disqualify any ineligible Participants shall not be deemed a breach by the Organizer.
  5. WARRANTIES
    1. The Participant represents and warrants with the Organizer that –
      1. the Participant has met all the eligibility criteria and has the right, authority and power to enter into the Contest in accordance with Terms and Conditions and shall provide such proof as the Organizer requires;
      2. all the statements (if any and if so required) made by the Participant to the Organizer are true correct accurate and complete.
    2. In consideration of the Organizer offering to the Participant the opportunity to participate in a Contest, the Participant hereby unconditionally and irrevocably;
      1. agrees that if so required by the Organizer, the winner shall make himself/herself available (without compensation) for the production, recording and publicity of the Contest during the such time and production schedule as may be notified by the Organizer:-
        (i) interview (which shall be recorded); and/or
        (ii) taking of still photos, audio and/or visual recording for promotions and publicity use. (collectively “Recording”).
      2. agrees and consents that the Organizer shall have right and absolute discretion to broadcast the Recording and/or use the slogan, names or nicknames on any of its programmes/channels in whole or in part at the Organizer’s discretion. All copyrights subsisting in the Recording shall belong to the Organizer absolutely.
      3. agrees that where Participants are required to submit any photographs, drawings, pictures, slogans, any materials or other creative works, including voice or video recordings (collectively “Intellectual Property”), the Participant warrants that all Intellectual Property Rights in such submission does not infringe any third party intellectual property rights.
      4. agrees that the Organizer reserves the right, at its sole and absolute discretion, to use and exploit the Intellectual Property via any means or media and in any manner and anytime that it deems fit without first obtaining any consent nor making any payment whatsoever to the Participant and/or the Contest winner(s) and/or representatives.
      5. confirms that the Participant has read and understood Terms and Conditions of the Contest and the Participant agrees to abide by the said terms and conditions accordingly and agrees to cooperate and to follow all directions given to the Participant.
      6. agrees that all Prizes to be awarded in the Contest is contingent upon the accuracy of the information provided and disclosures made by the Participant and the full and complete performance of the Participants warranties, undertakings and obligations hereunder.
      7. agrees that the Participant shall not by act or omission, directly or indirectly bring the Organizer or its sponsor into disrepute.
      8. agrees that the Participant shall not without the prior written consent from the Organizer publish or disclose any information in connection with the Contest or Prize (including without limitation, to any representatives of media in any form whatsoever).
      9. agrees that the Participant shall not give any product endorsement, any interviews or be involved in any articles or reports in respect of the Contest or the Prize with any third party.
      10. agrees that the Participant’s participation in the Contest does not entitle the Participant to wages, salary or any other compensation.
  6. PRIZES
    1. The Prizes for the Contest shall be as set out in the Basic Terms.
    2. The winners’ names will be notified or announced by the Organizer by such mode and in such manner as set out in the Basic Terms.
    3. All Prizes must be collected within the Collection Period and at such Collection Venue as set out in the Basic Terms. Failure to claim Prizes shall result in the Prizes being forfeited by the Organizer and the Organizer, its agents, sponsors and representatives shall have no liability to the winners in any respect whatsoever.
    4. Where the Prizes awarded non-cash prizes, the Participant shall not be entitled to redeem the same for cash or other alternatives.
    5. The Organizer does not guarantee the availability of non-cash-Prizes and the Organizer shall be entitled to replace and/or substitute such prize(s) with any other prize(s) of similar value as determined by the Organizer, its agents or sponsors at its sole discretion.
    6. All prizes are strictly not transferable, assignable exchangeable or redeemable by the Participant in any other form or manner other than that specified by the Organizer. All specific or special terms and conditions that are attached to the Prize (whether by the Organizer or its agent or sponsor must be adhered to by the Participant.
    7. Prizes must be claimed in person unless the Organizer prescribes other mode of collection. Where the Organizer elects to post a prize to a Contest winner, no responsibility will be accepted by the Organizer for the safe and effective postal delivery of the Prize.
    8. In special situations, and subject to the absolute discretion of the Organizer, a Contest winner may nominate a designated representative to collect a Prize. The representative will be required to present written authorization from the Contest winner and identification which includes a photograph for both the Contest winner and his/her representative.
    9. The Participant is responsible for any and all taxes payable as a result of a Prize being awarded or received (if applicable).
    10. In the event that the Participant chooses not to accept a Prize, the Prize shall be forfeited and the Prize which will be dealt with according to the absolute discretion of the Organizer.
    11. All Prizes are accepted entirely at the risk of the Participant Prizes and are awarded by the Organizer and/or sponsors without any warranty of any kind express or implied. The Participant may execute a deed of release and indemnity in a form prescribed by the Organizer, if so required, in order to receive the Prize.
    12. If the Prizes awarded by the Organizer are in the form of free tickets or other forms of give-aways (“Ticket Prizes”), winner shall be bound by the Ticket Prizes’ own terms and conditions and must adhere to those terms and conditions set out on the Ticket Prizes including the rules and regulations of the venue thereof.

  7. DECISIONS OF THE JUDGES/ORGANIZER
    1. The criteria for the Selection of Winners shall be as set out in the Basic Terms.
    2. Notification of Winners will via the means as set out in the Basic Terms.
    3. The judges/Organizer’s decisions on all matters relating to the Contest (including without limitation, the selection of Participants, play of the contest and/or any resolutions made) shall be final and absolute and binding on the Participants. No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of the Organizer will be entertained.
    4. The Participant shall not dispute nor make any oral or written complaints, public announcements or statements on the same whether during or after the Contest Period.
  8. CONFIDENTIALITY
    1. The Participant shall treat all Terms and Conditions and rules and regulations of the Contest and all information and knowledge obtained by the Participant in relation to and/or in connection with the Contest and/or derived as a result of his/her participation in the same, including without limitation the Organizer’s business and operational details, the contest mechanics, the judging/selection criteria for the Contest (hereafter collectively known as “Confidential Information”), as confidential and the Participant shall, during and after the Contest Period, take all reasonable precautions to prevent disclosures of the Confidential Information to unauthorized persons or entities for any reason whatsoever and undertakes to deliver to the Organizer all tangible materials embodying the Confidential Information including any documentation, records, listings, notes, drawings, reference materials, samples and equipment that is in any way related to the Confidential Information including all duplicates and copies thereof.

  9. INDEMNITY
    1. The Participants forever waive, release and discharge the Organizer, its agencies, sponsors and representatives from and against, any and all liabilities, costs, loss, damages or expenses which the Participant or any party claiming through the Participant hereafter may have arising out of acceptance of any Prize(s) or participation in the Contest including (but not limited to) personal injury and damage to property and whether or not direct, consequential or foreseeable.
    2. The Participant shall indemnify the Organizer, its affiliates, agent and sponsors from and against all liability, cost, loss or expenses suffered thereby as a result of the Participant’s breach of the Participant’s warranties and undertakings and any breach of the Terms and Conditions and/or the rules and regulations of the Contest.
  10. COSTS
    1. All costs incurred by the Participant in relation to and/or with respect to the Contest including without limitation postal charges or Internet Service Provider (ISP) charges (if applicable), all transport costs, communication charges, accommodation, meal costs and other related costs incurred by the Participant as a result of and/or pursuant to his/her participation in the Contest shall be solely borne by the Participant. The Organizer shall not be under any obligation to reimburse the Participant for any of such costs and expenses incurred thereof.

  11. LIMITATION OF LIABILITY
    1. The Participant acknowledges that his/her participation in the Contest shall be at his/her own risks.
    2. The Organizer, its agents, sponsors, representatives, affiliates and their respective directors, officers and employees, agents and assigns shall not be liable to any Participant in respect of any failure to win a Prize in the Contest, defective Prizes or misuse of Prizes or any other loss, damages, costs, expenses, claims, liabilities, injury, death, accidents suffered by the Participant during the Contest or arising out of or in connection with the Contest, the participation by the Participant in the Contest and/or the Prizes awarded.
    3. The Organizer will not be responsible or liable for (i) any problem, loss or damage of whatsoever nature suffered by the Participant or any party due to any delay and/or failure in receiving and sending a participation entry as a result of any network, communication, ISP or system error, interruption and/or failure experienced by the Organizer or the Participant’s telecommunication service provider and/or resulting from participation or the downloading of any materials in the Contest. In the event of such error, interruption and/or failure, the Organizer shall not be responsible or liable for any failure encountered by any Participant to participate in the Contest or any failure encountered by the Organizer in fulfilling its obligations hereunder, (ii) any error (including error in notification of Contest winners), omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside the Organizer’s control.
  12. GOVERNING LAW
    1. The Terms and Conditions of the Contest shall be construed, governed and interpreted in accordance with the laws of Malaysia

  13. GENERAL
    1. The Organizer, its agents, sponsors and representatives shall not be liable to perform any of their obligations in respect of the Contest and this Terms and Conditions, rules and regulations in respect of the Contest where they are unable to do so as a result of circumstances beyond its control and shall not be liable to compensate the Participants in any manner whatsoever in such circumstances.
    2. The Participants shall not be entitled to assign any of the rights or sub-contract any of the obligations herein. The Organizer shall be entitled to assign or sub-license the whole or any part of its rights hereunder to any third party as may be determined by the Organizer.
    3. All rights and privileges herein granted to the Organizer irrevocable and not subjected to rescission, restraint or injunction under any and all circumstances. Under no circumstances shall the Participants have the right to injunctive relief or to restrain or otherwise interfere with the organization of the Contest, the production, distribution, exhibition and/or exploitation of the Contest and/or any product based on and/or derived from the Contest.
    4. The invalidity, illegality or unenforceability of any terms hereunder shall not affect or impair the continuation in force of the remainder of the Terms and Conditions of the Contest.
    5. The main language of the Terms and Conditions shall be the English language. Any translation to any other language than English shall be for convenience only. In the event of any inconsistency between this English language and any other languages, the English language version shall prevail and govern in all respects.
  1. Automatically collected information (if applicable)
    Personal Data may be collected from using our Website, where we may collect and temporarily store certain information about your visit for use of site management and security purposes. We collect and analyse this information because it helps us to better design the Website to suit your needs. We may also automatically collect certain information about the web content as follows:
    1. The information includes but not limited to as follows:-
      • The internet domain name from which you access our Website;
      • The internet protocol (“IP”) address (a unique number for each computer connected to the internet) from which you access our Website;
      • The type of browser used to access our Website;
      • The operating system used to access our Website;
      • The date and time you access our Website;
      • The Universal Resource Locators (“URLs”) or address of the pages you visit;
      • Your username, if it was used to log in to the Website; and
      • If you visited this Website from another website, the URL of the forwarding site.
  2. The Personal Data will be collected and processed for, inter alia, the following purposes (collectively the “Purposes”):
    1. to provide you with Products and/or Services and any other purpose relating to our provision and/or your usage of said Products and/or Services;
    2. to assess your application(s) for our Products and/or Services;
    3. to manage our business and your relationship with us;
    4. to improve our Products and/or Services and to develop new Products and/or Services;
    5. to notify you about benefits and changes to the features of Products and/or Services;
    6. to conduct marketing, offers, competitions and promotions;
    7. to respond to your enquiries and complaints;
    8. to improve the quality, efficiency and utilization of ACO TECH’s Products and/or Services;
    9. to update, consolidate and improve the accuracy of our records;
    10. to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
    11. to conduct research for analytical purposes including but not limited to data mining and analysis of your interactions with us;
    12. to meet the disclosure requirements of any law binding on ACO TECH;
    13. for audit, compliance and risk management purposes;
    14. to protect or enforce our rights to recover any debt owing to us;
    15. to conduct any legal proceedings or in relation to any legal action;
    16. to prevent any unlawful act;
    17. to carry out any action that is required or permitted by any law, regulations and/or guidelines;
    18. to respond to any of your message(s) and/or feedback(s);
    19. to send you information on third party’s services and/or products which may be of interest to you;
    20. to assess for cyber security purposes in particular to prevent security and virus threat or issues; and
    21. to achieve any other purpose which is, in our estimation, is necessary and/or reasonable in the circumstances.
  3. Where you have indicated your consent to receive marketing or promotional updates from ACO TECH, you may opt-out from receiving such marketing or promotional material at any time through the “unsubscribe” option as may be provided in our marketing or promotional channels or you may contact us via the Contact Information provided in this Privacy Notice.
  4. The Personal Data provided by you will generally be kept in a secure manner and we will exercise reasonable endeavours to implement security measures to prevent and limit any unauthorised processing of your Personal Data.
  5. Any Personal Data which is no longer required for the Purposes will be destroyed and deleted from our record and system.
  1. General
    1. For the purposes of this Privacy Notice, please note that:
      1. “ACO TECH”, “Us”, “Our” and/or “We” shall mean ACO Tech Sdn. Bhd. (Registration No. 201901028783 (1338112-W)), a company incorporated in Malaysia and having business address at Unit No. 3B-13A-01, Level 13A, Tower 3B, UOA Business Park, No. 1 Jalan Pengaturcara, U1/51A Seksyen U1, 40150 Shah Alam, Selangor Darul Ehsan, Malaysia.
      2. “PDPA” shall mean Personal Data Protection Act 2010 (Act 709) and all subsidiary legislation, regulations, and/or orders made thereunder and as may be supplemented/amended from time to time and any guidelines and/or directives issued by any relevant authority.
      3. “Personal Data” shall mean any information related to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
      4. “Processing” shall mean any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
      5. “Products and/or Services” shall mean any products, goods, items, services, websites, applications, amenities and/or facilities provided by us.
    2. This Privacy Notice explains:
      1. What kind of Personal Data we collect and how we collect it;
      2. How/Purposes we use your Personal Data;
      3. The parties that we share, transfer or disclose the Personal Data to; and
      4. The choices we offer, including how to access and update your Personal Data.
  2. What Kind Of Personal Data We Collect And How We Collect It:
    1. The types of Personal Data which we may collect from you includes but not limited to the following:
      1. Identification details: full name, contact details, telephone number and address;
      2. Personal characteristics details: age, gender, date of birth, place of birth, nationality, citizenship status, occupation, religion, identity card/passport number and other relevant information;
      3. Contact information via the communication channel you have used to contact us or have chosen to provide us with, such as your email address or a social media account, including the contents of the communication such as feedbacks, complaints, questions and comments;
      4. IDs assigned by us, such as user account ID and other relevant information;
      5. The status of Products and/or Services that you have purchased/acquired/subscribed/registered from ACO TECH;
      6. How you use the Products and/or Services provided by us including the information you provide when you apply for any of our Products and/or Services;
      7. Information in audio/video format (including voice, closed-circuit television (“CCTV”) or security recordings), images (including photograph), biometric information and location tracking or global positioning system (“GPS”) information and any other information relating directly or indirectly to you or which may be used to identify you;
      8. Personal data which we obtain from Credit Reference Agencies and Fraud Prevention Agencies, including public (for example, defaults) and shared credit history, financial situation and financial history (if applicable);
      9. Financial information; and
      10. Any other information which we deem relevant to establish your personal identification and background; and/or your financial standing and creditworthiness (where required).
    2. In order for us to deal with your inquiries, open and operate an account/facility for you and/or to generally provide you with our Products and/or Services, we may need to and/or may be required to collect, record, hold, use, disclose and store Personal Data about you.
    3. We may obtain this information from yourself and from a variety of sources, including but not limited to:
      1. through your relationship with us, for example information provided by you while registering an account with ACO TECH (if applicable), when using our Products and/or Services, when taking part in ACO TECH’s customer surveys, competitions and promotions;
      2. through your verbal and written communications with us and/or our authorised agents;
      3. through any videos collected by us and/or our authorised agents;
      4. from third parties connected with you subject to your prior consent;
      5. from an analysis of the way you use and manage your account(s)/facility(ies) with us, from the transactions you make and from the payments which are made to/from your account(s)/facility(ies) (if applicable);
      6. from any interactions between ACO TECH’s co-working space members through community platforms including but not limited to notice board, social media, ACO TECH’s social media accounts such as Facebook, Instagram, Twitter, Linkedin, We Chat Official Account, online forums, chat applications, and our shared internet access; and/or
      7. from such other sources in respect of which you have given your consent to disclose such information relating to you and/or where not otherwise restricted.
  3. How and Purposes We Use/Process Your Personal Data  
    1. Automatically collected information (if applicable)
      Personal Data may be collected from using our Website, where we may collect and temporarily store certain information about your visit for use of site management and security purposes. We collect and analyse this information because it helps us to better design the Website to suit your needs. We may also automatically collect certain information about the web content as follows:
      1. The information includes but not limited to as follows:-
        • The internet domain name from which you access our Website;
        • The internet protocol (“IP”) address (a unique number for each computer connected to the internet) from which you access our Website;
        • The type of browser used to access our Website;
        • The operating system used to access our Website;
        • The date and time you access our Website;
        • The Universal Resource Locators (“URLs”) or address of the pages you visit;
        • Your username, if it was used to log in to the Website; and
        • If you visited this Website from another website, the URL of the forwarding site.
    2. The Personal Data will be collected and processed for, inter alia, the following purposes (collectively the “Purposes”):
      1. to provide you with Products and/or Services and any other purpose relating to our provision and/or your usage of said Products and/or Services;
      2. to assess your application(s) for our Products and/or Services;
      3. to manage our business and your relationship with us;
      4. to improve our Products and/or Services and to develop new Products and/or Services;
      5. to notify you about benefits and changes to the features of Products and/or Services;
      6. to conduct marketing, offers, competitions and promotions;
      7. to respond to your enquiries and complaints;
      8. to improve the quality, efficiency and utilization of ACO TECH’s Products and/or Services;
      9. to update, consolidate and improve the accuracy of our records;
      10. to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
      11. to conduct research for analytical purposes including but not limited to data mining and analysis of your interactions with us;
      12. to meet the disclosure requirements of any law binding on ACO TECH;
      13. for audit, compliance and risk management purposes;
      14. to protect or enforce our rights to recover any debt owing to us;
      15. to conduct any legal proceedings or in relation to any legal action;
      16. to prevent any unlawful act;
      17. to carry out any action that is required or permitted by any law, regulations and/or guidelines;
      18. to respond to any of your message(s) and/or feedback(s);
      19. to send you information on third party’s services and/or products which may be of interest to you;
      20. to assess for cyber security purposes in particular to prevent security and virus threat or issues; and
      21. to achieve any other purpose which is, in our estimation, is necessary and/or reasonable in the circumstances.
    3. Where you have indicated your consent to receive marketing or promotional updates from ACO TECH, you may opt-out from receiving such marketing or promotional material at any time through the “unsubscribe” option as may be provided in our marketing or promotional channels or you may contact us via the Contact Information provided in this Privacy Notice.
    4. The Personal Data provided by you will generally be kept in a secure manner and we will exercise reasonable endeavours to implement security measures to prevent and limit any unauthorised processing of your Personal Data.
    5. Any Personal Data which is no longer required for the Purposes will be destroyed and deleted from our record and system.
  4. When Do We Disclose
    1. Save as set out in this paragraph, we will generally treat your Personal Data as private and confidential and will not disclose your information to anyone. Nevertheless, you hereby acknowledge, consent and authorise us to disclose, release, disseminate and transfer the Personal Data in any of the following situations:
      1. where you have given permission;
      2. where we are required or permitted to do so by law;
      3. where required or authorised by any order of court, tribunal or relevant authority, whether governmental or quasi-governmental with jurisdiction over ACO TECH;
      4. where we are required to meet our obligations to any relevant regulatory authority; and/or
      5. any other party to whom disclosure is, in our estimation, necessary and/or reasonable in the circumstances.
  5. Transfer of Personal Data to Places Outside Malaysia
    1. ACO TECH may from time to time require the transfer of Personal Data to and from other related company or third parties, which may be located outside Malaysia. Therefore, you hereby expressly consent to us transferring your Personal Data to places outside Malaysia including if the transfer is to our facilities that are located outside Malaysia or if any of our strategic partners who is involved in providing part of our Products and/or Services or outsourced data storage or data processing services for and on behalf of us is located outside Malaysia or has servers and/or related equipment outside Malaysia or if you use the Products and/or Services from a country other than Malaysia. We may also transfer your Personal Data to places outside Malaysia where permitted by law.
  6. Your Rights To Access And Correct Your Personal Data
    1. It is your responsibility to ensure that you provide us with true, accurate and complete Personal Data as we will not be responsible for any inaccurate, incomplete, misleading or not up-to-date data in our record. You have the right to request access to and to request correction of your Personal Data via the Contact Information provided in this Privacy Notice
    2. We will make every endeavour to ensure your personal information is accurate and up to date therefore if there are changes to your information you should notify us directly.
    3. Please note that we may decline to comply with your data access request and/or data correction request in certain situations, for example when your identity is unable to identify or where information requested for is of a confidential commercial nature or in the event, we receive repeated requests from you for access to the same information which burden or expense of providing access is disproportionate to the risks to your privacy.
    4. Nevertheless, we will notify you of the reasons for not being able to accede to your data access and/or data correction request. We shall be entitled to charge a fee (where permitted under the applicable law) for any data access request.
    5. Please take note that your exercise of the aforesaid right may have effects on our provision of the Products and/or Services (such effects may include the non-provision of the Products and/or Services) to you and we shall not liable for any loss, damage, or any other liability resulting directly or indirectly resulted therein.
  7. Exercising Your Choices In Respect Of The Disclosure And Use Of Your Personal Data
    1. At any point of time, you have the right to withdraw your consent to us to use, process or share your personal information by contacting us via the Contact Information provided in this Privacy Notice. However, withdrawing your consent may have effects on our provision of the Products and/or Services (such effects may include the non-provision of the Products and/or Services) to you.
    2. You have the right to limit our processing of your Personal Data. To exercise this right, please contact us using the Contact Information provided in this Privacy Notice. Note that your exercise of the aforesaid right may have effects on our provision of the Products and/or Services (such effects may include the non-provision of the Products and/or Services) to you and we shall not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
    3. The Personal Data you provide to us is obligatory and necessary in order for us to provide you with the Products and/or Services. Any failure to provide such Personal Data may have effects on our provision of the Products and/or Services (such effects may include non-provision of the Products and/or Services) to you and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
      Subject always to our contractual rights and obligations under relevant laws and regulations, you may exercise your choice in respect of the disclosure, retention and use of your Personal Data by ACO TECH using the Contact Information provided in this Privacy Notice.
  8. Contact Information
    1. We welcome your requests, questions, feedbacks, complaints or comments regarding the foregoing terms in this Privacy Notice. Kindly contact us at :
      Address: Unit No. 3B-13A-01, Level 13A, Tower 3B, UOA Business Park, No. 1 Jalan Pengaturcara, U1/51A Seksyen U1, 40150 Shah Alam, Selangor Darul Ehsan, Malaysia.
      Email: talkto@acotech.my
      Tel: 03 5880 5880

      (collectively, “Contact Information”)

  9. Amendment
    1. We reserve the right to amend this Privacy Notice from time to time to be consistent with applicable data protection laws and regulations. If we make changes to the Privacy Notice, we will notify you through a new version of this Privacy Notice on the Website.
  10. Miscellaneous
    1. In the event of any conflict between this English language Privacy Notice and its corresponding Bahasa Malaysia Privacy Notice, the terms in English language Notice shall prevail.
    2. We trust that you have read and understood the terms of this Privacy Notice and Policy and you hereby declare that you have agreed and accepted the terms herein and you have granted your consent for us to process your Personal Data.
  1. General
    1. During the use of our Website and our Products and/or Services, ACO TECH will collect and use your Personal Data for the Purposes as set out in paragraph 3.2 below in accordance with such laws (including the PDPA), this Privacy Notice and/or any privacy terms in any agreement(s) that you may have or will enter into with ACO TECH.
    2. In the event you may need to provide us with Personal Data relating to third parties (for example about your spouse or children or where you are the designated person in charge (from an organisation or company) for dealing with us, if you are acquiring and are responsible for Products and/or Services that they will use), you confirm that you have (i) obtained their consent or otherwise entitled to provide their Personal Data to us and for us to process accordingly, and (ii) informed them to read this Privacy Notice at our Website.Definitions:
    3. For the purposes of this Privacy Notice, please note that:
      1. “ACO TECH”, “Us”, “Our” and/or “We” shall mean ACO Tech Sdn. Bhd. (Registration No. 201901028783 (1338112-W)), a company incorporated in Malaysia and having business address at Unit No. 3B-13A-01, Level 13A, Tower 3B, UOA Business Park, No. 1 Jalan Pengaturcara, U1/51A Seksyen U1, 40150 Shah Alam, Selangor Darul Ehsan, Malaysia.
      2. “PDPA” shall mean Personal Data Protection Act 2010 (Act 709) and all subsidiary legislation, regulations, and/or orders made thereunder and as may be supplemented/amended from time to time and any guidelines and/or directives issued by any relevant authority.
      3. “Personal Data” shall mean any information related to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
      4. “Processing” shall mean any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
      5. “Products and/or Services” shall mean any products, goods, items, services, websites, applications, amenities and/or facilities provided by us.
    4. This Privacy Notice explains:
      1. What kind of Personal Data we collect and how we collect it;
      2. How/Purposes we use your Personal Data;
      3. The parties that we share, transfer or disclose the Personal Data to; and
      4. The choices we offer, including how to access and update your Personal Data.
  2. What Kind Of Personal Data We Collect And How We Collect It:
    1. The types of Personal Data which we may collect from you includes but not limited to the following:
      1. Identification details: full name, contact details, telephone number and address;
      2. Personal characteristics details: age, gender, date of birth, place of birth, nationality, citizenship status, occupation, religion, identity card/passport number and other relevant information;
      3. Contact information via the communication channel you have used to contact us or have chosen to provide us with, such as your email address or a social media account, including the contents of the communication such as feedbacks, complaints, questions and comments;
      4. IDs assigned by us, such as user account ID and other relevant information;
      5. The status of Products and/or Services that you have purchased/acquired/subscribed/registered from ACO TECH;
      6. How you use the Products and/or Services provided by us including the information you provide when you apply for any of our Products and/or Services;
      7. Information in audio/video format (including voice, closed-circuit television (“CCTV”) or security recordings), images (including photograph), biometric information and location tracking or global positioning system (“GPS”) information and any other information relating directly or indirectly to you or which may be used to identify you;
      8. Personal data which we obtain from Credit Reference Agencies and Fraud Prevention Agencies, including public (for example, defaults) and shared credit history, financial situation and financial history (if applicable);
      9. Financial information; and
      10. Any other information which we deem relevant to establish your personal identification and background; and/or your financial standing and creditworthiness (where required).
    2. In order for us to deal with your inquiries, open and operate an account/facility for you and/or to generally provide you with our Products and/or Services, we may need to and/or may be required to collect, record, hold, use, disclose and store Personal Data about you.
    3. We may obtain this information from yourself and from a variety of sources, including but not limited to:
      1. through your relationship with us, for example information provided by you while registering an account with ACO TECH (if applicable), when using our Products and/or Services, when taking part in ACO TECH’s customer surveys, competitions and promotions;
      2. through your verbal and written communications with us and/or our authorised agents;
      3. through any videos collected by us and/or our authorised agents;
      4. from third parties connected with you subject to your prior consent;
      5. from an analysis of the way you use and manage your account(s)/facility(ies) with us, from the transactions you make and from the payments which are made to/from your account(s)/facility(ies) (if applicable);
      6. from any interactions between ACO TECH’s co-working space members through community platforms including but not limited to notice board, social media, ACO TECH’s social media accounts such as Facebook, Instagram, Twitter, Linkedin, We Chat Official Account, online forums, chat applications, and our shared internet access; and/or
      7. from such other sources in respect of which you have given your consent to disclose such information relating to you and/or where not otherwise restricted.
  3. How and Purposes We Use/Process Your Personal Data  
    1. Automatically collected information (if applicable) Personal Data may be collected from using our Website, where we may collect and temporarily store certain information about your visit for use of site management and security purposes. We collect and analyse this information because it helps us to better design the Website to suit your needs. We may also automatically collect certain information about the web content as follows:
      1. The information includes but not limited to as follows:-
        • The internet domain name from which you access our Website;
        • The internet protocol (“IP”) address (a unique number for each computer connected to the internet) from which you access our Website;
        • The type of browser used to access our Website;
        • The operating system used to access our Website;
        • The date and time you access our Website;
        • The Universal Resource Locators (“URLs”) or address of the pages you visit;
        • Your username, if it was used to log in to the Website; and
        • If you visited this Website from another website, the URL of the forwarding site.
    2. The Personal Data will be collected and processed for, inter alia, the following purposes (collectively the “Purposes”):
      1. to provide you with Products and/or Services and any other purpose relating to our provision and/or your usage of said Products and/or Services;
      2. to assess your application(s) for our Products and/or Services;
      3. to manage our business and your relationship with us;
      4. to improve our Products and/or Services and to develop new Products and/or Services;
      5. to notify you about benefits and changes to the features of Products and/or Services;
      6. to conduct marketing, offers, competitions and promotions;
      7. to respond to your enquiries and complaints;
      8. to improve the quality, efficiency and utilization of ACO TECH’s Products and/or Services;
      9. to update, consolidate and improve the accuracy of our records;
      10. to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
      11. to conduct research for analytical purposes including but not limited to data mining and analysis of your interactions with us;
      12. to meet the disclosure requirements of any law binding on ACO TECH;
      13. for audit, compliance and risk management purposes;
      14. to protect or enforce our rights to recover any debt owing to us;
      15. to conduct any legal proceedings or in relation to any legal action;
      16. to prevent any unlawful act;
      17. to carry out any action that is required or permitted by any law, regulations and/or guidelines;
      18. to respond to any of your message(s) and/or feedback(s);
      19. to send you information on third party’s services and/or products which may be of interest to you;
      20. to assess for cyber security purposes in particular to prevent security and virus threat or issues; and
      21. to achieve any other purpose which is, in our estimation, is necessary and/or reasonable in the circumstances.
    3. Where you have indicated your consent to receive marketing or promotional updates from ACO TECH, you may opt-out from receiving such marketing or promotional material at any time through the “unsubscribe” option as may be provided in our marketing or promotional channels or you may contact us via the Contact Information provided in this Privacy Notice.
    4. The Personal Data provided by you will generally be kept in a secure manner and we will exercise reasonable endeavours to implement security measures to prevent and limit any unauthorised processing of your Personal Data.
    5. Any Personal Data which is no longer required for the Purposes will be destroyed and deleted from our record and system.
  4. When Do We Disclose
    1. Save as set out in this paragraph, we will generally treat your Personal Data as private and confidential and will not disclose your information to anyone. Nevertheless, you hereby acknowledge, consent and authorise us to disclose, release, disseminate and transfer the Personal Data in any of the following situations:
      1. where you have given permission;
      2. where we are required or permitted to do so by law;
      3. where required or authorised by any order of court, tribunal or relevant authority, whether governmental or quasi-governmental with jurisdiction over ACO TECH;
      4. where we are required to meet our obligations to any relevant regulatory authority; and/or
      5. any other party to whom disclosure is, in our estimation, necessary and/or reasonable in the circumstances.
  5. Transfer of Personal Data to Places Outside Malaysia
    1. ACO TECH may from time to time require the transfer of Personal Data to and from other related company or third parties, which may be located outside Malaysia. Therefore, you hereby expressly consent to us transferring your Personal Data to places outside Malaysia including if the transfer is to our facilities that are located outside Malaysia or if any of our strategic partners who is involved in providing part of our Products and/or Services or outsourced data storage or data processing services for and on behalf of us is located outside Malaysia or has servers and/or related equipment outside Malaysia or if you use the Products and/or Services from a country other than Malaysia. We may also transfer your Personal Data to places outside Malaysia where permitted by law.
  6. Your Rights To Access And Correct Your Personal Data
    1. It is your responsibility to ensure that you provide us with true, accurate and complete Personal Data as we will not be responsible for any inaccurate, incomplete, misleading or not up-to-date data in our record. You have the right to request access to and to request correction of your Personal Data via the Contact Information provided in this Privacy Notice
    2. We will make every endeavour to ensure your personal information is accurate and up to date therefore if there are changes to your information you should notify us directly.
    3. Please note that we may decline to comply with your data access request and/or data correction request in certain situations, for example when your identity is unable to identify or where information requested for is of a confidential commercial nature or in the event, we receive repeated requests from you for access to the same information which burden or expense of providing access is disproportionate to the risks to your privacy.
    4. Nevertheless, we will notify you of the reasons for not being able to accede to your data access and/or data correction request. We shall be entitled to charge a fee (where permitted under the applicable law) for any data access request.
    5. Please take note that your exercise of the aforesaid right may have effects on our provision of the Products and/or Services (such effects may include the non-provision of the Products and/or Services) to you and we shall not liable for any loss, damage, or any other liability resulting directly or indirectly resulted therein.
  7. Exercising Your Choices In Respect Of The Disclosure And Use Of Your Personal Data
    1. At any point of time, you have the right to withdraw your consent to us to use, process or share your personal information by contacting us via the Contact Information provided in this Privacy Notice. However, withdrawing your consent may have effects on our provision of the Products and/or Services (such effects may include the non-provision of the Products and/or Services) to you.
    2. You have the right to limit our processing of your Personal Data. To exercise this right, please contact us using the Contact Information provided in this Privacy Notice. Note that your exercise of the aforesaid right may have effects on our provision of the Products and/or Services (such effects may include the non-provision of the Products and/or Services) to you and we shall not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
    3. The Personal Data you provide to us is obligatory and necessary in order for us to provide you with the Products and/or Services. Any failure to provide such Personal Data may have effects on our provision of the Products and/or Services (such effects may include non-provision of the Products and/or Services) to you and we are not liable for any loss, damage, or any other liability resulting directly or indirectly from such effects. Subject always to our contractual rights and obligations under relevant laws and regulations, you may exercise your choice in respect of the disclosure, retention and use of your Personal Data by ACO TECH using the Contact Information provided in this Privacy Notice.
  8. Contact Information
    1. We welcome your requests, questions, feedbacks, complaints or comments regarding the foregoing terms in this Privacy Notice. Kindly contact us at : Address: Unit No. 3B-13A-01, Level 13A, Tower 3B, UOA Business Park, No. 1 Jalan Pengaturcara, U1/51A Seksyen U1, 40150 Shah Alam, Selangor Darul Ehsan, Malaysia. Email: talkto@acotech.my Tel: 03 5880 5880 (collectively, “Contact Information”)
  9. Amendment
    1. We reserve the right to amend this Privacy Notice from time to time to be consistent with applicable data protection laws and regulations. If we make changes to the Privacy Notice, we will notify you through a new version of this Privacy Notice on the Website.
  10. Miscellaneous
    1. In the event of any conflict between this English language Privacy Notice and its corresponding Bahasa Malaysia Privacy Notice, the terms in English language Notice shall prevail.
    2. We trust that you have read and understood the terms of this Privacy Notice and Policy and you hereby declare that you have agreed and accepted the terms herein and you have granted your consent for us to process your Personal Data.

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