Policies

INTRODUCTION

Incredibit Sdn Bhd (hereinafter, "we", "us", or "our") (Company No. 1405962-A) values privacy and we are committed to protecting all Personal Information (as defined below) kept by us, in accordance with the relevant laws (including the Personal Data Protection Act, 2010), this Privacy Notice and our Terms of Use. For the avoidance of doubt, unless the context requires otherwise, the words used in this Privacy Notice shall have the same meanings stipulated in the Terms of Use. All our activities are underpinned by our T.R.U.S.T principles of being Transparent, respecting your Rights, in our Use of your Personal Data, through robust cyber Security practices and we take due care when Transfer of data is required.

This Privacy Notice describes our practices regarding the Personal Information we collect through your download and use of the IncredibitPay smartphone and mobile device application (the "App"), and your use of or access to the https://www.incredibit.my/ website (the "Site") (collectively, together with the App, the "Platform") and all content, products, services and functionality available at or through the App and the Site (collectively, together with the Platform, the "Services").

Notwithstanding the above, this Privacy Notice is applicable to the following parties:

1. Users/customers of IncredibitPay app;
2. Our Employees;
3. Our Job applicants;
4. Our Vendors/suppliers/distributors/service providers;
5. Our Directors;
6. Our Visitors; and
7. Our Website Visitors;

This Privacy Notice explains:

• The type of Personal Information we collect and how we collect it;
• How we use your Personal Information;
• The parties that we disclose the Personal Information to; and
• The choices we offer, including how to access, update and delete your Personal Information.

In the event of any conflict between the English and other language versions, the English version shall prevail.

By using our Services, you agree to the terms of this Privacy Notice and you will be deemed to have consented to the collection, use and disclosure of your Personal Information in accordance with this Privacy Notice.

EXCEPTION OF LIABILITY

We reserve the right to refuse to entertain any request for withdrawal of consent, access or correction to any Personal Data in the following circumstances:

• Where there is an insufficient documentary evidence or physically information provided by you or any party making a request to enable us to positively locate or identify the Personal Data in question;
• Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where we believe/ in the opinion that you or the requesting party is not in fact the owner or the subject of the Personal Data in question and is not lawfully entitled to make any requests in relation to the Personal Data;
• Where permitting access or correction would be tantamount to a violation of an order of Court;

• In requests for access or for correction (excluding instances of withdrawal of consent):

  • where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy or that of the part making a request;
  • where compliance with the request would involve the unauthorized disclosure of Personal Data belonging to a third party; or
  • where access is regulated by another law.

WHAT KIND OF PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

"Personal Information" means any information that relates directly or indirectly to you or allows someone to identify you and/or your transaction with us , including, for example, your name, address, telephone number, e-mail address, contact list, information about your transactions in relation to the Services such as reward points, reward points account balances, redemption history, account activities, device location as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Information", means, data that is not associated with or linked to your Personal Information including, aggregated information. Anonymous Information does not, by itself, permit the identification of individual persons.

In order to enable us to provide you this Service we may need to and/or may be required to collect, record, hold, use, disclose and store (i.e. "process") Personal Information and Anonymous Information, including, but not limited to:

• Information you provide to us through your relationship with us, including but not limited to, information provided by you when using the Services, when interacting with the Merchants, when taking part in customer surveys, competitions and promotions. Examples include:

  • Personal Information from you, such as your first and last name, profile picture, photos or avatar, gender, age, ethnicity, religion, marital status, educational level, interests, hobbies, precise location-based information, e-mail and mailing addresses, phone numbers, device ID numbers and passwords when you create an account for our Services ("IncredibitPay Account"), and any other information you directly give us through the Services (including, but not limited to messages that you send through the Services).
  • Information about your interactions with the Services including, your engagement with particular Merchants, and the products and services you have purchased.
  • Information you disclose through your interactions with the Merchants.
  • Information necessary to complete a transaction through the Services, including your name and shipping information where applicable.
  • Information such as files and messages that you store using your IncredibitPay Account.
  • Information from written communications when you provide us feedback or contact us e.g. your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
  • Any additional information (due to extraordinary circumstances or due to the nature of our interaction with you) such as health and physical condition, health condition of individuals in your household, result of your health test(s) if any, body temperature, whether you had self-isolated when unwell, political view or affiliations, etc.

• Information collected by technology.

  For example:

  • Information from you, including but not limited to, your web browser type, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, user profiles, and/or a date/time stamp for your visit, and, with respect to your mobile phone, the unique device identifier, better known as the Android ID.
  • Information from third party service providers, with your consent, which may include your profile content or other types of personally identifiable information.
  • Cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and viewed. "Cookies" are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Platform. Persistent Cookies can be removed by following web browser’s directions.
  • Information from corresponding technologies used in connection with mobile phones, including the Android ID, to record date, time, search, your device location-based information and viewing information related to your mobile phone.
  • Information about how you use and interact with the Platform and the Services via third party analytics services such as Google Analytics (https://www.google.com/analytics) or Google AdSense (https://www.google.com/adsense). Such third-party analytics services may use Cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and the sites that redirected you to the Platform.
  • Information collected on our premise, such as footage from our surveillance camera (CCTV) systems.
  • Information from third parties or other sources which you have given your consent to disclose information relating to you and/or where not otherwise restricted.
  • Information collected from you about others in situations where you decide to invite a third party to create a IncredibitPay Account. We will collect your name and the third party’s names and e-mail addresses in order to send an e-mail and follow up with the third party.

HOW WE USE YOUR PERSONAL INFORMATION

• For general use or collected by technology. In addition to the purposes stated above, we may use your Personal Information either to respond to requests that you make, or to aid us in serving you better, whether or not through technological means, for one or more of the following purposes:

  • to provide the Services;
  • to communicate with you;
  • to facilitate the creation of and secure your IncredibitPay Account on our network;
  • to identify you as a user in our system;
  • to provide improved administration of our Services;
  • to notify visitors about updates to our Services;
  • to promote our Services; or products, services and special offers of third parties whose products and services we think may be of interest to you;
  • to conduct research for analytical purposes including but not limited to data mining and analysis of your transactions when you interact with the Platform and the Services;
  • to produce data, analytics, reports and statistics which have been anonymized or aggregated in a manner that does not identify you as an individual
  • to improve and customize the quality of experience when you interact with our Services;
  • to send you a welcome e-mail and to verify ownership of the e-mail address provided when your IncredibitPay Account was created;
  • to send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • to respond to your inquiries related to employment opportunities or other requests;
  • to send offers and promotional materials related to our Services and for other marketing purposes;
  • to track user-specific information on what pages’ users access or visit;
  • to improve and customise the quality of experience when you interact with the Platform, and the Services;
  • for our day-to-day operations and administrative purposes including account management, billing and collection, enquiries and complaint management, audits, reporting and investigations;
  • for the purposes of enforcing or defending our legal rights and/or obtaining legal advice;
  • to assist in the prevention, detection or investigation of crime or possible criminal activities or for the administration of justice;
  • for security and internal audit purposes;
  • for such other purposes as may be directed or consented to by you;
  • for all other purposes in relation to or incidental to the above; and
  • manage, carry out, improve and maintain effective human resources administration, such as, but not limited to, process employees’ payroll, claims, evaluate employees’ performance, background checks, etc.

• Creation of Anonymous Information. We may also anonymize or aggregate your Personal Information by excluding information (such as your name) that make the data personally identifiable to you. This Anonymous Information may be used to personalize the Services, including directing certain advertisements to make them more relevant to you or to analyses request and usage patterns so that we may enhance the content of the Services and improve the Platform navigation or for any related market research purposes, either internally or through third parties.

DISCLOSURE OF YOUR PERSONAL INFORMATION

Subject to any laws (including regulations, guidelines and/or obligations) applicable to us and our Affiliates (as defined below) (whether in or outside Malaysia), we may disclose your Personal Information as described below and elsewhere in this Privacy Notice:

• Third Party Service Providers. We may share your Personal Information with third party service providers who may be located within or outside Malaysia

  • to provide you with the Services that we offer you through the Platform;
  • to conduct quality assurance testing;
  • to facilitate creation of accounts;
  • to provide technical support; and/or
  • to provide other services to us.

  These third-party service providers are not required to use your Personal Information other than to provide the Services requested by us.

• Affiliates and Acquisitions. We may share some or all of your Personal Information with our joint ventures, or other companies under a common control (our "Affiliates"), in which case we will require our Affiliates to honour this Privacy Notice.

• Social Networking Sites (SNS). The Services may, with your consent, automatically post, information on your SNS profile based on your most recent activities (e.g., you used a coupon to purchase tickets to the newest blockbuster movie). See the section on Third Party Websites below for more information.

• We Do Not Share Personal Information with Advertisers, but…we do, however, allow advertisers to request that their advertisements are directed at certain users (e.g., users in a certain geographic location, or age, gender and/or with certain interests). In the event that you interact with certain advertisements, the advertisers (or the company which the advertiser works with, for example, its advertising agency or an advertising network) may determine certain characteristics about you.

• We Do Not Share Personal Information with IncredibitPay’s Merchants, but…we do, however, share non-personally identifiable information about you in forms of data, analytics, reports and statistics which have been anonymized or aggregated in a manner that does not identify you as an individual.

• Third Party directed or consented to by you. We may share your Personal Information with any persons directed by or consented to by you.

• Professional Advisors. We may share your Personal Information with our professional advisors including but not limited to legal advisors, tax advisors, financial advisors, auditors, insurance brokers etc.

• Other Disclosures. Regardless of any choices you make regarding your Personal Information, we may disclose Personal Information if we believe in good faith that such disclosure is necessary

  • in connection with any legal investigation;
  • to comply with relevant laws or to respond to subpoenas or warrants served on us;
  • to protect or defend our rights or property or users of the Services; and/or
  • to investigate or assist us in preventing any violation or potential violation of the laws, this Privacy Notice, or the Terms of Use.

We may also be required to transfer your Personal Data outside of Malaysia for the purposes and to such third parties stated in this Notice. Where your Personal Data has been transferred to members of our group of companies and/or to third parties located outside of the local jurisdiction, the transfer of your Personal Data is carried out under organizational, contractual and legal measures and with adequate levels of protection implemented as well as any additional local legal requirements for the parties receiving this information in order to safeguard your Personal Data.

THIRD PARTY WEBSITES

When you click on a link or, in case of smartphone and mobile device, swipe left to connect to any other website or location, you will leave the Services and be redirected to another site and another entity may collect Personal Information or Anonymous Information from you. We have no control over, do not review, and cannot be responsible for, these external websites or their content. This Privacy Notice do not apply to these external websites or their content, or to any collection of data after you click on links or swipe left to connect to these external websites.

By using the Services, you will also be able to connect with third party services and your SNS. By logging-in to your SNS from our Platform, your SNS will provide us a token that allows them to recognise us when we ask, on your behalf, for access to your account information or to post information on your SNS profile. You will be able to revoke our access to any of your SNS at any time by amending the appropriate settings from within your account settings on your applicable SNS, though such revocation may limit the Services we are able to provide you. In addition, when you engage in certain activities within the Services, those activities may be automatically posted to your SNS profile. You will be able to disable this functionality at any time by logging into your SNS profile and selecting the option to disable this feature.

RETENTION AND SECURITY OF CUSTOMER’S PERSONAL INFORMATION

We place great importance on ensuring the security of your Personal Information and will regularly review and implement up-to-date technical and organizational security measures to safeguard the confidentiality and security of all your Personal Information. This includes contractual agreements with relevant third parties, whereby we shall endeavor to procure them to incorporate our standards as a minimum.

Your Personal Information will also be retained in compliance with this Privacy Notice and/or the terms and conditions of your agreements for the duration of your relationship with us, for such period as may be necessary to protect our interests as may be deemed necessary, where otherwise required by the law or relevant regulation. We will also retain your Personal Information in accordance with the relevant laws of Malaysia, including but not limited to, the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

We also require you to enter a password that you should not disclose to anyone, to access your IncredibitPay Account information and will require you to enter that same password again in order to access any sensitive information, including credit card information. Disclaimer: No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we use reasonable commercial efforts to protect your Personal Information, we cannot guarantee its absolute security.

YOUR RIGHTS TO ACCESS, CORRECT YOUR PERSONAL INFORMATION AND DELETE YOUR ACCOUNT

• Choices. We offer you choices regarding the collection, use, and sharing of your Personal Information. Nevertheless, should you decline to provide any Personal Information that is essential to us to enable us to process your application/request (for example for the registration), we may not be able to process your application/request or provide you with our Service.

  • We will periodically send you free newsletters and e-mails that promote the use of the Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the "unsubscribe" instructions provided in the e-mail you receive, by terminating your IncredibitPay Account or by contacting us directly (please see contact information below).
  • Despite your indicated e-mail preferences, you may not opt-out of communication related to the terms and conditions of the Services, including any updates to our Terms of Use or Privacy Notice unless you deactivate the use of the Services.

• Changes to Personal Information. You may have access to or change your Personal Information in our possession or control through your profile within your IncredibitPay Account. Any request of access to correct Personal Information shall subject to the provisions of the applicable laws. We reserve the right to decline requests that jeopardize the security and privacy of the personal information of others as well as requests that are impractical or not made in good faith. Additionally, it is important to note that system-recorded Personal Information is not editable. When we delete any information, it will be deleted from the active database, but may remain in our archives. To the extent permitted by law, we may also retain your information for those purposes set out in this Privacy Notice, fraud prevention or other purposes required by laws.

• Withdrawal of Consent. You may at any time withdraw your consent to us processing any Personal Data of yours or to any part or portion of the processing a notice of withdrawal by contacting our Customer Experience officers at our email address contacts@incredibit.my and within the period prescribed under the PDPA, we shall take all commercially reasonable steps to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of other legal obligations to us.

• Deletion or Cancellation of Account. You may request to delete or cancel your IncredibitPay Account at any time. You may do so by contacting our Customer Experience officers at our email address contacts@incredibit.my. Please note that once your account is deleted, you will not be able to use our products and services thereafter.

WHAT IF PERSONAL INFORMATION PROVIDED BY YOU IS INCOMPLETE?

Where indicated (for example, during first-time sign-in for a IncredibitPay Account), it is obligatory to provide your Personal Information to us in order to enable us to process your application for a IncredibitPay Account, or for us to provide you with our Services. Should you decline to provide such obligatory Personal Information, we may not be able to process your application and/or provide you with our Services.

DISCLAIMER

The accuracy and completeness of your personal data depends on the information you provide. We assume that the information you have provided is accurate, up to date and complete unless you inform us otherwise.

INFORMATION ABOUT OTHER INDIVIDUALS

To the extent that you have provided (or will provide) Personal Data about your family members, spouse, other dependents (if you are an individual), directors, shareholders, employees, representatives, agents (if you are a corporate entity/an organisation) and/or other individuals, you confirm that you have explained (or will explain) to them that their Personal Data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their Personal Data in accordance with this Privacy Notice. References to ‘your Personal Data’ in this Privacy Notice’ would include such individual’s Personal Data that you have provided to us.

INFORMATION ABOUT MINORS AND PERSONS NOT LEGALLY COMPETENT TO GIVE CONSENT

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

REVISIONS TO PRIVACY NOTICE

We may review and update this Privacy Notice from time to time to reflect changes in the laws, in our business practices, procedures and structure, and the community’s changing privacy expectations. The latest version of the Privacy Notice will be made available on the Platform.

Where we consider, at our sole discretion, that the revisions made on the Privacy Notice are substantive, notice of such revisions will be provided on the Platform or by such other means of communication deemed suitable by us, for example, by sending you an e-mail to the last e-mail address you provided to us. Please note that at all times you are responsible for updating your Personal Information and to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.

If you do not agree to the changes in our use of your Personal Information, you must notify us immediately and deactivate your IncredibitPay Account with us. Continued use of our Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Should you have any query in relation to this Privacy Notice or how we handle your Personal Information, kindly contact contacts@incredibit.my.