PRIVACY NOTICE
PRIVACY NOTICE OF ACO TECH SDN BHD
Last Updated: 25/1/2022
At ACO TECH, we value your privacy, and this privacy notice (“Privacy Notice”) sets out how we collect, use, process and store your Personal Data (as defined hereunder) in accordance with the laws of Malaysia including but not limited to PDPA (as defined hereunder). Please read this Privacy Notice carefully to understand how we process the Personal Data we may collect from you and the categories of Personal Data we process in connection with your use of our Products and/or Services including but not limited to our website available at www.acotech.my (“Website”) as well as for our mobile application known as ATLAS Auto (“ATLAS Auto” or “Mobile Application”). By purchasing or using a vehicle equipped with our Products and/or Services, subscribing to our Products and/or Services, using our Products and/or Services, or creating/registering an account with us, you consent to the practices described in this Privacy Notice. By providing to us your Personal Data, you hereby consent and agree to the provisions of this Privacy Notice and the processing of your Personal Data as described in this Privacy Notice. Please note that ACO TECH reserves the right to amend this Privacy Notice from time to time where the details are as set out in paragraph 10 below. You are advised to periodically review the latest version of this Privacy Notice, as the version of our Privacy Notice which is currently displayed on our Products and/or Services takes precedence over all previous versions of our Privacy Notice.
1. General
1.1. During the use of 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 laws of Malaysia (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.
1.2. 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, where 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 are entitled to provide their Personal Data to us and for us to process accordingly, and (ii) informed them to read this Privacy Notice available in our Products and/or Services.
1.3. Definitions:
For the purposes of this Privacy Notice, please note that:
b. “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.
c. “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.
d. “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.
e. “Products and/or Services” shall mean the Website, the Mobile Application, products, goods, items, services, software, amenities and/or facilities provided by us.
1.4. This Privacy Notice explains:
a. What kind of Personal Data we collect and how we collect it;
b. How/Purposes we use your Personal Data;
c. The parties that we share, transfer or disclose the Personal Data to; and
d. The options we offer, including how to access and update your Personal Data.
2. What Kind Of Personal Data We Collect And How We Collect It:
2.1. The types of Personal Data which we may collect from you includes but not limited to the following:
a. Identification details: full name, contact details, telephone number, billing address, delivery address, home address and any other relevant information;
b. Personal characteristics details: age, gender, height, weight, date of birth, place of birth, nationality, citizenship status, occupation, religion, identity card/passport number and other relevant information;
c. 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;
d. Profile Details: IDs assigned by us, such as user account ID, profile picture and other relevant information;
e. The status of Products and/or Services that you have purchased/acquired/subscribed/registered from ACO TECH;
f. 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;
g. Location details: Information you will provide when you choose to use location-related features and 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;
h. Vehicle details: data about your vehicle including but not limited to vehicle registration plate number, engine number, vehicle model, vehicle identification number, the information you provide pertaining to your vehicle when making inquiries, data generated by the sensors and software in the infotainment head unit of your vehicle such as maintenance conditions, engine performance, system temperature, mileage, tire pressure, fuel level, door and window status, sensor status, climate control settings, charging status and fuel economy. Vehicle data may include voice recordings made to support voice-activation services;
i. System details: information about how you interact with the vehicle systems and/or system/software in the infotainment head unit such as your use of multimedia screens, recent service requests and any relevant information in relation to the system/software in the infotainment head unit of your vehicle;
j. Devices details: the information of your mobile device or any device that has downloaded our Mobile Application such as device model, unique device identifier (such as IMEI /Android ID / IDFA /OPENUDID /GUID/ IMSI information), device MAC address, operating system type and model, screen resolution, telecommunication operator, software installation list, software version number, system language, biometric information and location tracking and GPS information of your mobile device and any other relevant information;
k. Information you will provide when you interact with our Products and/or Services such as information related to the availability, use of, or access to Services and features, including charging station information, your chosen routes, calendar entries, contact numbers, point of interest, information requests, traffic information, hazard information, service activation requests, usage data and any other relevant information;
l. Personal data you provide when you choose to use our in-app communication features;
m. Transaction data such as details about your orders and payments and other details of Products and/or Services related to you (if applicable);
n. Payment related information such as payment method, card details, bank account details, credit card details, payment details and any other relevant information (such data may also be collected directly by our related corporations and/or third-party payment service providers) (if applicable);
o. 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);
p. Financial information; and/or
q. Any other information where permitted by law and which we deem relevant to establish your personal identification and background, your financial standing and creditworthiness (where required).
2.2. 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.
2.3. We may obtain this information from yourself and from a variety of sources, including but not limited to:
a. 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;
b. through your verbal and written communications with us and/or our authorised agents;
c. through any videos collected by us and/or our authorised agents;
d. from third parties connected with you subject to your prior consent;
e. 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);
f. from any interactions with ACO TECH’s community platforms including but not limited to notice board, social media, ACO TECH’s social media accounts such as Facebook, Instagram, Twitter, Linkedin, WeChat Official Account, online forums, chat applications, and our shared internet access;
g. from such other sources such as obtaining your Personal Data from public or commercial sources, including from third-party websites or Third-Party Resources where permitted by law; and/or
h. 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
3.1. Automatically collected information (if applicable)
Personal Data may be collected from using our Products and/or Services, 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 Products and/or Services to suit your needs. We may also automatically collect certain information about the web content as follows:
a. The information may include but is not limited to the followings:-
i. The internet domain name from which you access our Products and/or Services;
ii. The internet protocol (“IP”) address (a unique number for each computer connected to the internet) from which you access our Products and/or Services;
iii. The type of browser used to access our Products and/or Services;
iv. The operating system used to access our Products and/or Services;
v. The date and time you access our Products and/or Services;
vi. The Universal Resource Locators (“URLs”) or address of the pages you visit;
vii. Your username, if it was used to log in to the Products and/or Services; and
viii. If you visited this Website from another website, the URL of the forwarding site.
3.2. The Personal Data will be collected and processed for, inter alia, the following purposes (collectively the “Purposes”):
a. 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;
b. to assess your application(s) for our Products and/or Services;
c. to manage our business and your relationship with us;
d. to improve/develop our Products and/or Services and to develop new Products and/or Services;
e. to notify you about benefits and changes to the features of Products and/or Services;
f. to conduct marketing, offers, competitions and promotions;
g. to respond to your enquiries and complaints;
h. to improve the quality, efficiency and utilization of ACO TECH’s Products and/or Services;
i. to update, consolidate and improve the accuracy of our records;
j. to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
k. to conduct research for analytical purposes including but not limited to data mining and analysis of your interactions with us;
l. to meet the disclosure requirements of any law binding on ACO TECH;
m. for audit, compliance and risk management purposes;
n. to protect or enforce our rights to recover any debt owing to us;
o. to conduct any legal proceedings or in relation to any legal action;
p. to prevent any unlawful act;
q. to carry out any action that is required or permitted by any law, regulations and/or guidelines;
r. to respond to any of your message(s) and/or feedback(s);
s. to send you information on third party’s services and/or products which may be of interest to you;
t. to assess for cyber security purposes in particular to prevent security and virus threat or issues; and/or
u. to achieve any other purpose that is required or permitted by law which is, in our estimation, necessary and/or reasonable in the circumstances.
3.3. 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.
3.4.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.
3.5. 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
4.1. 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/to the parties stipulated below:
a. where you have given permission;
b. where we are required or permitted to do so by law;
c. where required or authorised by any order of court, tribunal or relevant authority, whether governmental or quasi-governmental with jurisdiction over ACO TECH;
d. where we are required to meet our obligations to any relevant regulatory authority;
e. to any other companies, organisations, our business partners and/or third-party service providers to process Personal Data on our behalf (if applicable);
f. to any other companies, organisations, third-party service providers, strategic partners and/or authorised partners to : (i) carry out services on our behalf which is ancillary and/or required for purposes of providing our Products and/or Services to you; or (ii) help us provide services to you such as to provide customer-service, marketing, infrastructure and information-technology services, personalize our service and make it work better; or (iii) process payment transactions; or (iv) carry out fraud and credit checks, and collect debts and protect our rights and defend us and our property; or (v) analyse and improve the information we hold (including about your interactions with Products and/or Services provided by us and/or our related corporations and strategic partners); or (vi) run surveys; or (vii) carry out any of the Purposes as set out in this Privacy Notice;
g. our related corporations and affiliates;
h. our business partners, agents, employees, contractors, sub-contractors, service providers, suppliers, consultants, auditors, accountants, lawyers or advisers; and/or
i. to any other party where permitted by law to whom disclosure is, in our estimation, necessary and/or reasonable in the circumstances.
5. Transfer of Personal Data to Places Outside Malaysia
5.1. ACO TECH may from time to time require the transfer of Personal Data to and from other related corporations 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. Third-Party Resources
6.1. Our Products and/or Services may contain apps, content, resources, websites, links, features and components that are provided by third-party; advertisement to third-party website and services; and/or any third-party products and/or services that may be provided to the users of our Products and/or Services (collectively, “Third-Party Resources”). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the privacy practices they have. We also do not provide any express or implied guarantees for the privacy practices of Third-Party Resources. Third-Party Resources are responsible for informing you about their own privacy practices. Before submitting your Personal Data to Third- Party Resources, please read carefully and understand the privacy policies of these Third-Party Resources.
7. Your Rights To Access and Correct Your personal data
7.1. 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.
7.2. 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.
7.3. 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 be verified 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.
7.4 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 charge a fee (where permitted under the applicable law) for any data access request.
7.5 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 be liable for any loss, damage, or any other liability resulting directly or indirectly resulted therein.
8. Exercising Your Choices In Respect Of The Disclosure And Use Of Your Personal Data
8.1. 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.
8.2. 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 be liable for any loss, damage, or any other liability resulting directly or indirectly from such effects.
8.3. 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.
8.4. We endeavour to protect the Personal Data we collect. We use commercially reasonable physical, technical, and administrative security measures designed to protect information against loss and unauthorized access or use. Please note, however, that no information system is 100% secure and we cannot guarantee the security of your information.
8.5. As our Products and/or Services are linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us and you are doing so at your own risk.
9. Contact information
9.1.We welcome your requests, questions, feedbacks, complaints or comments regarding the foregoing terms in this Privacy Notice. Kindly contact us at :
(collectively, “Contact Information”)
10. Amendments
10.1. 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 our Products and/or Services including the Website and the Mobile Application.
11. Miscellaneous
11.1 In the event of any conflict between this English language Privacy Notice and its corresponding Bahasa Malaysia Privacy Notice, the terms in English language Privacy Notice shall prevail.
11.2.
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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