EULA & PDPA
Please read thoroughly,
END-USER LICENSE AGREEMENT (EULA)1. License
- Omnimatics grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
2. Permitted Use and Restrictions
- In order to be able to use, run and/or install the WemoFleet Web and Mobile App and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation that can be found on the Playstore and App Store
- You may Use the WemoFleet Web and Mobile App on one account only, unless You have subscribed to a plan that allows multiple users
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the WemoFleet App; or
- copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the WemoFleet Web and Mobile App or any parts thereof, except to the extent permitted by applicable law.
3. Modifications to Application
- Omnimatics reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
4. Term and Termination
- This Agreement shall remain in effect until terminated by you or Omnimatics.
- Omnimatics may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
- This Agreement will terminate immediately, without prior notice from Omnimatics, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
- Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
- If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
6. Amendments to this Agreement
- Omnimatics reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
7. Contact Information
- If you have any questions about this Agreement, please contact us at firstname.lastname@example.org
PERSONAL DATA PROTECTION ACT 2010 (PDPA)1. General
- The Personal Data Protection Act 2010 (hereinafter referred to as the “PDPA”) generally regulates the processing of personal data in commercial transactions. For the purpose of this Notice, the terms “personal data” and “processing” shall have the meaning prescribed in the PDPA. This Notice applies to APM Automotive Holdings Bhd (424838-D) of Lot 600, Pandamaran Industrial Estate, Locked Bag 218, 42009 Port Klang, Selangor Darul Ehsan, Malaysia and its subsidiaries including Able Motor Sdn Bhd (Company No. 250531-A) and Omnimatics Sdn Bhd (Company No. 1146451-U) and where applicable, its related corporations (hereinafter referred to as “APM”, “our”, “us” or “we”).
2. Guiding Principles
- We comply with the Personal Data Protection Act 2010. This Personal Data Protection Notice (“Notice”) informs you how we use your personal data based on the following guiding principles:
- We use your personal data to provide you goods, services and other transactional products and services.
- We aim to continuously improve our communication with you and our products and services for you and will use your personal data to help us achieve this.
- We give you some control over the personal data we hold about you, including who is allowed to see it and how it is used.
- We will not use your personal data to contact you for direct marketing purposes without your consent.
- We will take reasonable care to safeguard your personal data through security policies and secure business processes.
- This Notice applies generally to all communication with APM and the products and services provided by APM. This written notice serves to inform you that your personal data is being processed by or on behalf of APM.
- Circumstances may arise where a different data protection notice will be applicable for a specific transaction and if so, we will notify you accordingly. Please read and understand the terms of this Notice carefully before furnishing us with your personal data. By furnishing us with your personal data, communicating with us or by continuing to use our products or services, you are indicating to us that you agree and consent to the terms and conditions of this Notice.
5. Personal Data of Third Parties
- In respect of personal data of any third party provided by you to us, you warrant that you have obtained the relevant consent from the said third party to furnish his/her personal data to APM and APM to process such personal data. You further warrant and undertake to furnish a copy of this Notice to the said third party before providing APM with that third party’s personal data.
6. How we collect your personal data
- Directly from you - We collect personal data that you provide to us when you use any of our products, services, and website(s) or when you deal with us. This includes information that you provide:
- When you enquire or request for any services or products or purchase any products or services from us;
- When you communicate with us;
- When you perform a transaction or contract with us;
- When you fill in manual forms and submit them to us;
- When you deal with us whether over the telephone, through email, through our website(s) or in person;
- When you take part in our customer surveys, competitions, and promotions;
- When you use our products or services;
- When you visit our premises or our website(s); or
- From correspondence, you send to us including any enquiries or comments.
- When you use our website - We may collect some information automatically when you access our website(s) including:
- Information about your use of our products and services, including your browser type, operating system, platform, IP address, cookies, language and region; and
- Search queries you conducted on our website(s), pages and advertisements you viewed and links you clicked on while using our website(s).
- From third parties - We may ask third parties for personal data about you, for example, when we acquire third party marketing lists, or get authorisation for a payment you make using a credit or debit card, or to complete a credit or fraud check.
- Corporate entities - Where we transact or contract with a corporate entity, that corporate entity may provide us with your personal data in connection with a transaction or contract. That corporate entity is responsible for obtaining your consent for disclosure of your personal data to us.
7. What personal data we collect
- In this Notice, personal data means data we hold about you from which your identity is apparent or can be reasonably determined.
- This includes:
- Your identification information such as name, identification number, gender, ethnic origin, nationality, date of birth, age, and marital status;
- Your contact details such as address (residential, office, or billing), telephone number(s), email address(es), and other contact details that you provide us from time to time;
- Your employment details such as your employer’s name, your position in the company, job description, the company’s address(es), telephone number(s), your income range, and professional credentials or qualifications;
- our payment details such as bank account number and credit or debit card details;
- Transaction-related information, including sender’s and recipient’s identifying information and contact details as well as personal data of individuals given by corporate entities in connection with a transaction or contract;
- Recording of telephone conversations;
- Personal data of your spouse, dependents, or other third parties; and
- Additional information that you provide us when you transact or deal with us or when you visit us.
8. Why we collect your personal data
- To provide you with products and services. Note that the personal data we require may vary between transactions;
- To verify your identity and to minimize the risk of unauthorized access to your personal data when you deal with us;
- To enhance and improve your experience with us generally. When you indicate your preferences by filling in our forms, through your use of our website(s) or when you contact or deal with us directly, we will use this personal data to personalize our products and services to better meet your needs;
- To provide you with information or notifications about products and services that we or our agents, contractors, employees, associate companies, business partners or professional consultants of APM have selected and believe would be of interest to you (Please see the sections entitled “Who sees your data” and “Important information about opting-out”);
- To prepare any statistics or analysis or internal reports for market research purposes;
- To allow us to enforce our legal rights or to recover any debt owing by you to us;
- To keep your personal data secure and minimize the risk of unauthorized access to your personal data by using some of your personal data to verify your identify when you use our website(s) and customer service helpdesk;
- To improve our communication with you;
- For security purposes when you visit our premises or website(s); and
- To ensure compliance with applicable laws and regulations.
9. Who sees your personal data
- Your personal data may be used by all the companies within APM and its related or associated companies. Who sees your personal data depends on the context in which you provided it and the purpose for which it is being used (Please see the section entitled “Why we collect your personal data”).
- Your personal data may be disclosed or transferred to a third party. This may include outsourcing any of our business operations or functions to any third party within or outside Malaysia. We may do this for reasons that include the following:
- To provide you with our products and services or perform a contract with you. Some of our products and services are provided in conjunction or collaboration with certain third parties, and we will need to disclose your personal data to them to provide you with the products and services. We may also share your personal data with certain third parties who have been engaged to perform our business functions;
- To provide you with information or notifications about our products and services that we or third parties have selected and believe would be of interest to you. If you have given your consent by choosing not to opt out when filling in our manual forms, using our website(s) or when you contact or deal with us directly, we may share some of your personal data with carefully selected third parties so that they can provide you with information about products and services that may be of interest to you;
- We may share your personal data with third parties (including the police and other law enforcement agencies) when we believe it is necessary to comply with the law or protect our or another person’s rights, property or safety. This includes exchanging data with third parties to protect against fraud and to reduce payment risks or disclosure of personal data to the police and other law enforcement authorities in connection with the prevention and detection of crime;
- We may share your personal data with regulatory bodies and agencies to ensure compliance with applicable laws and regulations; or
- If we sell or buy any business or assets, we may disclose your personal data to the potential seller or buyer of such business or assets.
- We will only deal with third parties whom we trust will act in your best interest and will treat your personal data with similar security controls that we apply ourselves.
10. Where we store and process your personal data
- We generally store and process your personal data within Malaysia. However, the personal data that we collect about you may be processed in, transferred to, or stored at a destination outside of Malaysia. By filling in our manual forms, using our website(s) or when you contact or deal with us directly, you agree to this processing, transfer or storage outside Malaysia. We will take reasonable steps to ensure that your personal data is treated securely and in accordance with this Notice even when your personal data is processed in, transferred to, or stored at a destination outside Malaysia.
11. How long we keep your personal data
- The duration will depend on the context in which you provided your personal data and the purposes for which we use it. Your personal data will be retained for as long as it is reasonably necessary for such purpose (Please see the section entitled “Why we collect your personal data”), or for such period as may be necessary to protect our legal interest.
- We will keep your personal data:
- For as long as it is reasonably necessary for us to provide you with our products and services you have purchased or requested, or for the performance of a contract with you;
- For marketing purposes to provide you with information about products and services that we or our third party business partners have selected and believe would be of interest to you until you choose to opt-out from allowing us to process your personal data for marketing purposes (Please see the sections entitled “Your rights to access and correct personal data” and “Important information about opting-out”);
- We may keep records of any transactions you enter with us for up to 7 years or for such duration as permitted or required under any applicable law or regulation so that we can respond to any complaints or disputes which may arise. Where the records are the subject of legal investigations or proceedings, we will keep the personal data for longer periods; and
- We will keep your personal data for as long as it is required to comply with the law.
12. Your rights to access and correct personal data
- You are free to contact our Personal Data Protection Compliance Officer at +603-31618888 (Ext. 8933 Group Legal or Ext 8900 IT Help Desk) or email us at email@example.com or firstname.lastname@example.org and we will endeavour to comply with your request or instructions within 21 days of receiving your request or instruction in the prescribed form and where applicable, the prescribed processing fee.
- Your right to access your personal data is not absolute, and may be limited by the Personal Data Protection Act 2010.
13. Important information about opting-out
- The personal data that we ask you to provide may either be mandatory or optional, and may differ depending on the particular product or service. Mandatory personal data is information required for the processing of the transaction, or provision of products and services, or performance of a contract. Optional personal data is information you voluntarily provide to us, which we may process during the transaction or to provide you with other products and services. Fields requiring mandatory personal data will be indicated in our manual forms and registration forms on our website(s).
- If you choose not to furnish any mandatory personal data requested or wish to withdraw your consent or limit the processing of your personal data, you agree that (notwithstanding any agreement between you and us) we shall be entitled to cease the provision of any products or services to you without incurring any liability whatsoever for any losses which you may suffer as a result of such cessation.
- By not ticking a clearly displayed "opt-out" box or notifying us in writing of the same, we will assume we have your consent to process your personal data pursuant to the terms of this Notice and to receive information about products and services that we or our third party business partners have selected and believe would be of interest to you until you choose to opt-out from allowing us to process your personal data entirely or to limit the processing of your personal data for marketing purposes or notifying us in writing of the same.
- You may choose to limit the processing of personal data or withdraw your consent to process your personal data by contacting our Personal Data Protection Compliance Officer at +603-31618888 (Ext. 8933 Group Legal or Ext. 8900 IT Help Desk) or email us at email@example.com or firstname.lastname@example.org
- We will endeavour to comply with your request within 21 days or as soon as we are reasonably able to do so.
- In relation to links to other sites found on our website(s) (if any), please note that personal data provided to these third parties are not under our control and responsibility and you may need to contact them directly if you wish to withdraw your consent for their continued use of your personal data.
- Please note that once we receive confirmation that you wish to withdraw your consent for marketing or promotional materials/communication, it may take up to 21 days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials/communication during this period of time. Please note that even if you opt-out from receiving marketing or promotional materials, we may still contact you for other purposes in relation to the products and services you transacted with us.
- Where you have elected to opt out or limit the processing of personal data or withdraw your consent to process your personal data, you acknowledge and agree that such personal data may still continue to appear in our database but access or use thereof will be blocked.
- In relation to our website(s), some of the information will be gathered through the use of "cookies". Cookies are small bits of information that are automatically stored on a person’s web browser in their computer that can be retrieved through the website. Such information, for example, may be a user’s password that is stored to avoid having to retype it during subsequent visits to a site. Should you wish to disable these cookies, you may do so by changing the setting on your browser.
- Note that personal data transmitted electronically will not be 100% secure. We will not be liable for any breach of security unless we have been grossly negligent.
- Where APM is processing your personal data on behalf of another person or entity, the processing of your information would depend on the privacy practices of that person or entity. This would not be under our control or responsibility. You should contact them directly on the processing of your personal data.
15. Revisions to the Notice
- We may at our absolute discretion revise or alter this Notice from time to time and if there is any revision, it will be posted on our website(s) and/or other means of communication deemed suitable by us.
- If you have any enquiries or complaints concerning this Notice, please contact us at:
Personal Data Protection Compliance Officer at +603-31618888 (Ext. 8933 Group Legal or Ext. 8900 IT Help Desk) or email us at email@example.com or firstname.lastname@example.org
- This Notice is made available in the national and English languages. In the event of any discrepancies, the English language version of the Notice shall prevail.
This PDPA Notice was last updated on 3 September 2018