Privacy Policy

ICONZ-Webvisions Pte Ltd (“ICONZ-Webvisons”, “we” or “us”), as your hosting partner, takes privacy issues very seriously and is committed towards complying with the Personal Data Protection Act 2012 (Act 26 of 2012) (“Act”). We have put in place policies with the aim to protect your interest. The confidentiality of our customers' or business partners’ information is of utmost importance to us. At ICONZ-Webvisions, we abide by the following Privacy Policy which explains how we collect, hold, use, disclose and transfer all data in any form about an individual who can be identified from that data (“Personal Data”) for the purposes of and in connection with our Services.

(a) You agree that by accessing our Website and using our Services, you agree to be bound by the Privacy Policy set out below, to the extent that it applies to you.

(b) We may collect information relating to your use of our Website and our Services by using various technologies, including without limitation, the use of Internet Protocol addresses, cookies, internet tags and navigational data collection. For security reasons, you may wish to deactivate the storing of cookies or adjust your browser to notify you before cookies are stored on your computer. However if you erase or block such cookies, you may not be able to utilise some features on our Website. We shall not be liable for any loss or damage resulting from your inability to use such features.

(c) We also collect information during the data logging process. The types of Personal Data collected from you during this data logging process depends on the type of products and services requested from us and may include your name, username, contact details, billing information, transaction details, name of your internet service provider, your IP address, websites used to link to our Website, date and time of access, page(s) viewed and files downloaded. We also collect information you provide to us when you submit a request to us. We may combine data collected online with information provided by you during registration with us in respect of our products and services. The information gathered will assist to complete a transaction, allow us to communicate back to you, update you on our Services and benefits, improve your user experience and enable us to improve our Website and the quality of our Services. You will be informed at each collection point as to what information is required and what is optional.

(d) We do not sell, trade or rent your Personal Data to any third parties and will not disclose your Personal Data to any third parties unless you have granted us permission to do so, whether for purposes of enabling the provision of goods or services by third parties or due to your indication to us, of your interest in potentially acquiring such goods or services.

(e) We assure you that any Personal Data collected will be used by us only for provision of our Services to you and for communications in the form of customer newsletters, marketing and promotional materials which you have indicated your interest in receiving from us. You may however opt out and unsubscribe to our email communications at any time by sending an email to us at privacy@webvisions.com.

(f) Your Personal Data will be retained by us as long as you continue to use our Website or our Services. Your Personal Data shall however not kept longer than is necessary for the purposes for which it is collected unless required to be retained for business or legal purposes and for compliance with applicable laws. Such information is also not made publicly available in any way. Unless required by law for the purposes of preventing or stopping security breaches, or illegal activities by you, rendering assistance to law enforcement, government, statutory or any other regulatory body or authority, compliance with an order of Court or a directive of any governmental, statutory or regulatory body, our protection and/or public safety or unless we have your prior permission, we will only share your personal information with our related entities and/or national or international business partners who are acting on our behalf to complete the activities described above.

(g) Personal Data which is collected, will be used and processed for the purposes mentioned above. We have administrative, physical and security measures in place to protect the confidentiality and security of your Personal Data and to guard against unauthorized access, misuse, disclosure, copying, use, alteration, accidental loss or theft, destruction or damage in accordance with the requirements of applicable laws. These include the use of Secure Socket Layer encryption browser to encrypt personal information in transit so as to prevent possible misuse by third parties.

(h) We will retain control of and responsibility for the use of any Personal Data you disclose to us. We may process your Personal Data on a server located outsideMalaysia and whose data protection laws differ from the laws of Malaysia. We will use our best endeavours to ensure that appropriate protection is in place to require our data processor is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the Act.

(i) We do not intentionally or knowingly collect Personal Data of persons under 18 years of age. If you intend to use our Services, you must be 18 years of age and above and able to enter into legally binding contracts. If you are under 18 years of age and wish to use our Services, you may only access our Website and use our Services with the approval and supervision of one of your parents or a legal guardian.

(j) We aim to ensure your Personal Data collected is accurate. You may request for access to or correction of your Personal Data or limit the processing of your PersonalData at any time hereafter by submitting such request to us at privacy@webvisions.comWe will use our best endeavours to update any wrong information within a reasonable time from the date of your request. We however reserve the right to charge a nominal fee for providing access to your Personal Data.

(k) Our Website contains links to other websites. We will not be held responsible for the privacy practices of any other websites that it links to. This Privacy Policy applies solely to information collected by our Website. Please also do not reveal your confidential and proprietary information through our Website. We will also not be responsible for any loss or damage arising from disclosure of confidential or proprietary information sent through our Website.

 

PERSONAL DATA PROTECTION TERMS AND CONDITIONS

1. DEFINITIONS

1.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the respective meanings set out opposite them as follows:

    
Advisory Guidelines”    shall mean the guidelines relating to the Act and Regulations issued by the Personal Data Protection Commission.

Counter Party”    shall mean a ICONZ-Webvisions’ business partner or customer named in an Application Form for the Services that is accepted by ICONZ-Webvisions.

Data Controller”    shall mean an organisation in the possession or control of  data.

Data Intermediary”    shall mean an organisation which processes data on behalf of another organisation but does not include an employee of that other organisation.   

Individual(s)”     shall mean any individual whose information is contained in the Personal Data.

Information”    shall mean all information in any form, including Personal Data relating to the clients of the Counter Party and all communications between the Parties relating to the aforesaid, disclosed or made available to ICONZ-Webvisions by the Counter Party or otherwise received or obtained by ICONZ-Webvisions pursuant to or for the performance of the Services under the Service Agreement. 

Personal Data”     shall mean all data in any form, whether true or not, about an individual who can be identified from that data or from that data and other information to which the Counter Party has or is likely to have access as defined under the Act, Regulations and Advisory Guidelines, and which is disclosed or made available to ICONZ-Webvisions and/or its subcontractors by  the Counter Party or otherwise received or obtained by ICONZ-Webvisions and/or its subcontractors pursuant to the Service Agreement  and includes all data relating to use, disclosure and processing in relation thereof by ICONZ-Webvisions.

Parties”    shall mean ICONZ-Webvisions Pte Ltd and the Counter Party. 

Personnel”    shall mean ICONZ-Webvisions’ and any subcontractor’s employees, personnel, agents, principals and contractors.  

Processing”    shall mean in relation to the Personal Data, the carrying out of any operation or set of operations in relation to the Personal Data and includes recording or holding or organisation, adaptation or alteration or retrieval or combination or transmission, or erasure or destruction.     
    
Regulations”    shall mean the regulations issued pursuant to the Act and shall include without limitation to the Personal Data Protection Regulations 2014.

Services”    shall mean hosting services provided by ICONZ-Webvisions to the Counter Party.

Service Agreement”    shall mean the agreement between ICONZ-Webvisions and the Counter Party for the provision of the Services.  

Website”    shall mean http://www.webvisions.com

1.2 References to Clauses are to the clauses to this Agreement. The headings are for convenience only and shall not affect the interpretation of this Agreement. Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa, references to natural persons shall include bodies corporate and vice versa, and words denoting any gender shall include all genders. Any reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted and shall include all by-laws, instruments, orders, rules and regulation made thereunder.

2. COUNTER PARTY’S OBLIGATIONS

2.1 The Information is your sole and exclusive property and you remain the Data Controller of the Information, including the Personal Data comprised therein at all times.  

2.2 You acknowledge and agree that the Personal Data of Individuals comprised in the Information is disclosed by or transferred by you to us for the sole purpose of enabling us to perform our Services in our capacity as a Data Intermediary (“Permitted Purpose”) and not for any other purpose.  

2.3 You agree and undertake that you have either obtained all necessary consents from the Individuals to whom the Personal Data relates or that such consents have been obtained at the time of disclosure or transfer to us for our use for the Permitted Purpose and that such consents have not been withdrawn.       

2.4 You shall be responsible for complying with the collection, use and disclosure of the Personal Data in accordance with the Act, Regulations and Advisory Guidelines and for compliance with all other statutory obligations thereunder which include the obligations relating to purpose limitation, notification, access and correction, accuracy, protection, retention, limitation and openness.

3. ICONZ-WEBVISIONS’ OBLIGATIONS

3.1 We shall in our capacity as a Data Intermediary, be responsible for Processing the Personal Data in accordance with the Act, Regulations and Advisory Guidelines. 

3.2 We shall:

    3.2.1 only use the Personal Data for the Permitted Purpose in accordance with your instructions and in a manner and to the extent permitted in this Agreement;  

    3.2.2 protect the Personal Data by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks;

    3.2.3 ensure that our employees, agents and sub-contractors who may receive or have access to any of the Personal Data are aware of the confidentiality of the Personal Data and the obligations specified under this Clause 4 and agree to abide by the same;

    3.2.4 upon receipt of a request or complaint from an Individual, notify you of such request or complaint and at your cost, provide its cooperation and assistance, including the full details of the request or complaint; responding to the Individual’s access request in accordance with your instructions and any other information reasonably requested by you in connection thereto;  

    3.2.5 cease to retain its documents containing the Personal Data or remove the means by which the Personal Data can be associated with particular Individuals, as soon as it is reasonable to assume that (i) the Permitted Purpose is no longer being served by retention of the Personal Data; and (ii) retention is no longer necessary for legal or business purposes; and

    3.2.6 rectify, erase or complete any Personal Data upon receiving your instructions issued in compliance with the Act, Regulations and Advisory Guidelines.

 
4. SECURITY OF PERSONAL DATA

4.1     We shall ensure that reasonable security measures are taken to protect the Personal Data to a standard that is comparable to that required under the Act, Regulations and Advisory Guidelines and towards this end, we shall:

    4.1.1 impose security policies, standards, requirements and specifications with respect to safeguarding the Personal Data;

    4.1.2 use appropriate equipment and software to implement security solutions in accordance with the security policies, standards, requirements and specifications referred to in Clause 4.1.1;;

    4.1.3 employ administrative, physical and technical safeguards, including ensuring the Personal Data is kept secure and in an encrypted form and the use of best available security practices and systems applicable to prevent and take prompt and proper remedial action against unauthorised access, copying, modification, misuse, storage, reproduction, display, distribution, destruction, corruption of such Personal Data so as to ensure that the Personal Data is afforded protection in accordance with the Act; 

    4.1.4 upon request and at your cost, provide you with our internal procedures and processes with regards to our collection, disclosure use and processing of Personal Data and changes in respect thereof; and  

    4.1.5 as soon as it becomes aware of any breach or potential breach of security relating to Personal Data or any unauthorised collection, disclosure, use or loss of the Personal Data, to promptly notify you of the same, provide full details of, investigate and at the your cost and request, assist in investigating and cooperating with you in any investigation or litigation against third parties.


5. CROSS-BORDER TRANSFER

5.1     You acknowledges and agree that in obtaining the consent of the Individual in relation to the transfer of the Individual’s Personal Data to a country outside Malaysia:

    5.1.1 you have given to the Individual, a reasonable summary in writing of the extent to which the Personal Data to be transferred to that country outside Malaysia will be protected to a standard comparable to the protection under the Act;

    5.1.2 you have not required the Individual to consent to the transfer as a condition of providing a product or service unless the transfer is reasonably necessary to provide the product or service to the Individual; and

    5.1.3 you have not obtained or attempted to obtain the Individual’s consent for the transfer by providing false or misleading information about the transfer or by using other deceptive or misleading practices.   

5.2     We may transfer the Personal Data outside Malaysia provided that we shall ensure that the overseas recipient shall provide a standard of protection in relation to the Personal Data that is comparable to the protection under the Act, Regulations and Advisory Guidelines.   

6. RETENTION

Upon expiry or termination of the Service Agreement or upon your instructions, we shall within thirty (30) days, return to you or destroy (as you may direct) all materials containing the Personal Data and copies thereof in our and/or our subcontractors’ custody, possession or control or remove the means by which the Personal Data can be associated with the Individual as soon as it is reasonable to assume that the Permitted Purpose is no longer being served by their retention and retention is no longer necessary for legal or business purposes.

7. TERM

This Agreement shall take effect on the Effective Date and shall continue until the Service Agreement is terminated. 


8. MISCELLANEOUS

8.1     Neither Party may assign nor transfer its obligations under this Agreement without the prior written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of either Party.

8.2     Neither Party will be liable for any delay or failure to perform its obligations pursuant to this Agreement as a result of any cause beyond its reasonable control; including but not limited to acts of God, acts of governments, acts of terrorism, hostilities between nations, war, strikes, boycotts, lockouts, industrial and labour dispute, infectious diseases epidemics as well as travel restrictions due to such events.  

8.3     The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either Party to exercise or avail itself of any right power privileges that it has or may have hereunder operate as a waiver of any breach or default by the other Party.

8.4     None of the provisions herein may be varied or amended except by the written agreement of the Parties and signed by their respective authorized representatives thereof. In the event that any provision of this Agreement is found to by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal for any reason, such invalidity, unenforceability or illegality shall not affect the remaining provisions of this Agreement which shall remain in full force and effect.

8.5     This Agreement constitutes the entire agreement between the Parties and supersedes and cancels in all respects all previous agreements and undertakings between the Parties hereto with respect to the subject matter hereof whether such be written or oral. Each Party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.  

8.6     The relationship between the Parties created by this Agreement shall be that of independent contractors, and nothing contained herein shall be construed as constituting a partnership, agency or relationship of employer and employee between the Parties.

8.7     This Agreement may be signed in any number of counterparts, all of which taken together shall constitute one and the same instrument. Either Party may enter into this Agreement by signing any such counterpart and each counterpart shall be as valid and effectual as if executed as an original.

8.8     A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms.

9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia and the Parties agree to be bound by the exclusive jurisdiction of the Malaysia courts.