Privacy Policy

PRIVACY POLICY STATEMENT

• OVERVIEW

1. TAC & IDCJ WELLNESS SDN. BHD. is a private limited company registered in Malaysia and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors (“TIWSB” or the “Company” or “We/Our/Us”) are committed to the highest standard of protecting and respecting privacy and personal data in compliance with applicable laws and rules. 

1. This Privacy Policy Statement (this “Privacy Policy”) (read together with our terms and condition of service) which serves also as a notice to inform you as well as setting out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us when you appoint or engage with us to provide the services, when you access or use our services or interact with us.

1. By appointing or engaging with us to provide the services, when you access or use our services or interact with us, you consent to us using, collecting and processing your personal data in the manner as stipulated and prescribed in this Privacy Policy.

1. If you are under 18, please do not share or send any personal data about yourself to us without prior consent from your parent(s) and/or legal guardian. If you have any questions regarding this Privacy Policy or suggestions for any improvements, please contact us at admin@fitokio.com.my.

1.5 This Privacy Policy is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.

2. PERSONAL DATA COLLECTION

2.1 Personal Data in general means any information/data about an individual or person who can be identified from that information/data. Your personal data is collected and processed by us at the start of our services or interaction and, from time to time, in the course of our engagement or interaction and/or you using our services. The type of personal data collected and processed by us includes but not limited to:

1. name, date of birth, nationality, gender, national identification card number, passport number, driving licence, student registration card, residency status, correspondence address, contact details including mobile, office and residential telephone number and facsimile number, e-mail address, banking details and/or other information that you provide by filling in the registration forms for our services. This includes information provided at the time of registering to use our services, subscribing to our services or requesting further services. We may also ask you for information at other times, for example in connection with further information, a promotion or when you report a problem with our services;
2. details of transactions you carry out for our services and/or for the fulfilment of your request or completing the said transactions;
3. such other information relevant or required for compliance with law, performing and engagement of our services.
4. details of your visits to our services and the resources that you access; and/or
5. Any additional information provided by you or third parties about you.

2.2 We only retain personal data for so long as it is necessary and permissible by law. Save for personal data we require pursuant to statutory requirement, as a matter of practice, as soon as you withdraw from our membership, we will erase or delete all of your personal data as soon as we receive the confirmation of your final payment. Personal data may be archived as long as the purposes for which the personal data is used still exists.

3. SOURCE OF PERSONAL DATA

Personal Data collected will mainly be from you. However, we may also collect some personal data from other publicly available sources including but not limited to government agencies, public registries, websites, social media, publications, and/or events.

4. USE OF PERSONAL DATA

4.1 We may use and disclose your Personal Data for purposes necessary to provide you with our products and services, including but not limited to:

1. for the registration process and verification of your identity;
2. to communicate with you including answering your queries;
3. any reason that is relevant or relating to the engagement of our services;     
4. for the purpose of enforcing or defending our rights and/or seeking legal advice;
5. to comply with legal and/or regulatory requirements within and outside Malaysia;
6. to provide you with supporting services and functions related to you;
7. to communicate with you in relation to your queries, requests and feedback, and material changes to our services, Policy or other terms and conditions;
8. to monitor and enforce compliance with our terms and conditions, including dispute resolution; 
9. to send you marketing communications in relation to our sales, products, and promotions;
10. to promote our products and services on our website; 
11. to deliver ads which are related to our products and services which may be of interest to you; 
12. to enable businesses to deliver ads which are related to their products which may be of interest to you; 
13. to conduct market and customer research, analysis or tracking; 
14. to manage our administrative and business operations and complying with internal policies and procedures; and      
15. to improve your customer experience in general. 

4.2 We also intend to use your personal data in direct marketing and require your consent (which includes non-objectionable conduct) for that purpose. In this regard, please take notice of: 

1. your name, contact information (including address, telephone number, email address), product and service information, patterns and behaviours of transactions, background data and demographics we store from time to time may be used by us in direct marketing;
2. the following classes of services, products, and subjects that can be marketed through direct marketing; 

(i) services and products related to our services (including our affiliate marketing program which is a part of it);

(ii) reward programs, loyalty or privileges, promotional offers and related services; and 

(iii) invitations to events such as seminars/webinars/teleseminars, conferences, programs or live events. 

1. c) We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or sending you newsletters. You may choose not to receive promotional materials by simply notifying us (see below for contact details), and we will stop doing so for free.

5. DISCLOSURE OF PERSONAL DATA

5.1 Under certain circumstances, we may be required to disclose your personal data to third parties. Third parties to whom your personal data may be disclosed by us are as follows:

1. any persons directed by or consented to by you;
2. any persons required for the purposes of the legal engagements and/or legal transactions including but not limited to counter parties, other advisors, financial institutions, payment providers, regulatory bodies etc.;
3. any person for the purposes of compliance with legal and regulatory requirements;
4. our overseas offices, affiliates, business partners and counterparts (if any);
5. persons under a duty of confidentiality to us;
6. our data processors i.e. third party who we engage to process personal data on our behalf including but not limited to archival storage, data entry service providers, computer backup services, disaster recovery services, Payment Provider, banks and financial institutions etc.; 
7. actual or proposed transferees or participants of our services in or outside our current operation; and/or
8. our professional advisors including but not limited to legal advisors, tax advisors, financial advisors, auditors, insurance brokers etc.

5.2 Furthermore, we may also need to transfer your personal data outside of Malaysia for the purposes and to third parties set out in this Privacy Policy. Transferring your personal data outside of Malaysia is also required if you are travelling, residing or based outside of the region.

6. OBLIGATION TO PROVIDE PERSONAL DATA

We acknowledge that you have the right in deciding the information you wish to provide to us. The provision of the information listed above is voluntary in nature. However, please note that if you do not provide the information above or limit the way such information is to be processed, it may result in us not being able to:

1. communicate or correspond with you;
2. undertake the engagement or complete transaction and/or provide our services to you; and/or 
3. grant you access to our services.

7. YOUR CONSENT AND RIGHTS

7.1 By using our services, applying for or visiting our website, you agree to the collection, use and processing of your personal data and other activities as outlined in this Privacy Policy.

7.2 If you wish to do so, you have the right to: 

1. a) to check whether we hold personal data about you and to access such data;
2. b) to require us to correct or update as soon as reasonably practicable any data relating to you that is inaccurate or omitted;
3. c) to determine our policies and practices regarding personal data and the types of personal data we hold; and/or
4. d) withdraw your consent or restrict your use of personal data;
5. e) against your use of your personal data for marketing purposes and we will not use your personal data for marketing purposes after you have made your objection to us.

7.3 You may exercise your opt-out right by notifying us if you wish to object to the use of your personal data for direct marketing purposes. Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to:

7.4 In accordance with the applicable local laws and/or policies, we reserve the right to and may charge a minimum fee for processing any data access request.

8. DISCLAIMER

8.1 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.

8.2 Where you provide any third-party information to us, it is our assumption that such information is accurate, up to date and complete and that you have obtained the necessary consent to disclose the same.

8.3 Where you have consented or allowed us to disclose personal data to third party and/or other user when using our Services, you understand that we no longer  have any control or authority as to how the said third party and/or other user will use or process the personal data. Therefore, you agree that we will not be responsible for the subsequent use of your personal data by the third party or other user. If you wish to stop them from further using your personal data, please contact them directly.

9. GOVERNING LAW AND JURISDICTION

Nothing in this Privacy Policy shall limit your right under applicable local privacy law. This Privacy Policy shall be governed by the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the Malaysia courts.     

10. COOKIES

10.1 Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

10.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer in accordance with your agreement. Cookies contain information that is transferred to your computer’s hard drive.

10.3 We use the following cookies:

(a) Strictly necessary cookies. These are cookies which are required for the operation of our website. They include cookies which enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services,

(b) Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, by ensuring that users are finding what they are looking for easily.

(c) Functionality cookies. Those are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

10.4 Please note that third parties (including, for example) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

11. VARIATION AND CHANGES

This Privacy Policy may be amended or updated from time to time. We would advise you to check regularly from time to time for amendments or updates to the Privacy Policy. By continuing to use or engage our services, making payment or to communicate with us subsequent to any amendments or updates to this Privacy Policy, it would confirm and indicate your acceptance to the amendments or updates to this Privacy Policy.