Privacy & Cookies
01. Privacy and Cookies
1.2 Application. Beyond4 and each affiliated organisation have different channels for collecting personal data. Still, each is committed to complying with this Policy in its collection, use and disclosure of personal data to ensure accountability and uniformity in the way we protect your personal data. Although this Policy is in common use by Beyond4 and the affiliated organisations, each is responsible to you to the extent of its collection, use and disclosure of your personal data and its actions.
1.3 Compliance with this Policy. This Policy applies to all personal data you provide to us or that we may collect about you. If you do not accept this Policy, please do not provide any personal data. We may also require you to accept this Policy when you contact, interact, transact or deal with us or when you access and use our website, applications or services. If you notify us that you do not accept this Policy, we may not establish a relationship with you or service your requests. In recognition of our operations beyond Malaysia, to places such as the European Union (the “EU”), United States or the United Kingdom, we have been especially keen to ensure that this Policy takes account of the relevant data protection principles operating overseas. In particular, we have measured and modelled this Policy against the high standards of protection for personal data as contained and promoted in the EU’s benchmark General Data Protection Regulation (EU) 2016/679 (the “GDPR”).
1.4 Contacting Us. You may contact our Data Protection Officer if you have any feedback or enquiries about your personal data or about this Policy or wish to make any request in the following manner:
1.5 Governing Law and Dispute Resolution. Irrespective of the country from which you access or use our site, products or services, to the extent permitted by law, this Policy shall be governed by the laws of Malaysia without regard to choice or conflicts of law principles. You at this moment, agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with this Policy. Any disputes concerning this Policy and claims concerning breach or inadequacy of Personal Data protection raised by an EU Individual will be dealt with in accordance (to the maximum permissible extent) with the GDPR.
1.6 Effect of this Policy and Changes to this Policy. This Policy applies in conjunction with any other policies, contractual clauses and consent clauses that apply to the collection, use and disclosure of your personal data by us. We may revise this Policy from time to time without any prior notice to comply with applicable laws or update our data usage and handling processes. The updated Policy will supersede earlier versions and will apply to personal data provided to us previously. You may determine if any such revision has occurred by referring to the date this Notice was last updated. Your continued use of our website, application and products/services constitutes your acknowledgement and acceptance of such changes.
02. Personal Data
2.2 How We Collect Personal Data. We collect personal data pertinent to our relationship with you. We may collect your personal data directly or indirectly through various channels, including when:
- you use our services or enter into transactions with us (or express interest in doing so);
- you apply to be a member of any of our programs, respond to our promotions, or subscribe to our mailing lists;
- you visit our website, download or use our mobile applications;
- you register an account with us through our website or applications;
- you transact with us, contact us or request that we contact you through various communication channels, for example, through social media platforms, messenger platforms, face-to-face meetings, telephone calls and emails;
- we seek information about you and receive your personal data in connection with your relationship with us, for example, if you are a customer, investor or shareholder; or
- you submit your personal data to us for any other reason.
Depending on your relationship with us, we may also collect your personal data from third parties, including:
- from any affiliated organisations;
- from your family members or friends who provide your personal data to us on your behalf; and
- from public agencies or other public sources.
2.3 Voluntary Provision of Personal Data. Your provision of personal data to us is voluntary, and you have the right to withdraw your consent for us to use your personal data at any time by submitting a request to us. Your withdrawal will take effect after your request is processed. However, if you choose not to provide us with the personal data we require, it may not be possible for us to fulfil the purposes for which we require the personal data, including providing products and services you need from us.
2.4 Providing Personal Data Belonging to Others. In certain circumstances, you may also provide the personal data of persons other than yourself (including your family members). If you do so, you are responsible for informing him/her of the purposes for which we require his/her personal data and warrant that you are validly acting on behalf of him/her to consent to our collection, use and disclosure of his/her personal data.
2.6 Minor. If you are a child, minor or not of legal age, please inform and seek the consent of your parent or guardian before you provide your personal data to us. If you are a parent or guardian and you have reason to believe your child or ward has provided us with their personal data without your consent, please get in touch with us to request the erasure of their personal data (refer to paragraph 1.4 above for contact details).
- you have given us consent;
- necessary to comply with our legal or regulatory obligations;
- necessary for our business interests, provided that this does not override your interests or rights; and/or
- necessary to perform a contract or transaction you have entered into with us, or provide a service that you have requested or required from us.
3.2 General Purposes. Generally, we collect, use and disclose your personal data for purposes connected or relevant to our business, including:
- processing your transactions with us or providing products and services to you;
- managing your relationship with us;
- facilitating your use of our platforms, products and services;
- assisting you with your requests, enquiries and feedback;
- administrative purposes, e.g. accounting, risk management and record-keeping, business research, data, planning and statistical analysis, and staff training;
- security and safety purposes, e.g. protecting our platforms from unauthorised access or usage and monitoring for security threats, and security cameras may capture your image;
- carrying out research, data and statistical analysis;
- compliance with laws and regulations, internal policies and procedures, e.g. audit, accounting, risk management and record keeping;
- enforcing legal obligations owed to us, or responding to complaints, litigation or investigations concerning us;
- managing and engaging third parties or data processors that provide services to us, e.g. IT services, data analytics, marketing, and other professional services;
- such purposes that may be informed to you when your personal data is collected;
- carrying out our legitimate business interests (listed below); and/or
- any other reasonable purposes related to the aforesaid
3.3 Marketing Purposes. Where you give us consent, we collect, use and disclose your personal data for purposes of:
- managing and/or administering your request to receive news (including events and product launches), promotions and marketing information from us (and/or our affiliates or related entities) and on our products/services;
- analysing and/or profiling your purchases, transactions and/or likes or dislikes to be better able to send you relevant or targeted news (including events and product launches), promotion and marketing information from us (and/or our affiliates or related entities) and on our products/services; and/or
- sending you news (including events and product launches) and promotions from us (and/or our affiliates or related entities) as well as marketing information from us (and/or our affiliates or related entities) and on our products/services.
3.4 Business. Our business interests include:
- managing our business and relationship with you and providing services to our users and customers;
- protecting our rights and interests and those of our users and customers;
- preventing and investigating possible misuse of our website, applications and services;
- understanding and responding to inquiries and feedback;
- understanding how our users use our website, applications and services;
- identifying what our users want and improving our website, applications, services and offerings;
- enforcing obligations owed to us, or protecting ourselves from legal liability; and
- sharing data in connection with acquisitions and transfers of our business.
3.5 Purposes involving any Affiliated Organisations. Beyond4 has responsibility for any affiliated organisations. For administrative efficiencies and to allow Beyond4 to serve your needs better, your personal data will also be collected, used and disclosed to any affiliated organisations for the following purposes:
- facilitating the provision of centralised administrative and management services;
- facilitating the use of centralised resources e.g. shared information technology resources and systems;
- facilitating internal audits, reporting and management of our operations; and/or
- facilitating the conduct of centralised business activities and functions, e.g. data analytics.
3.6 The purposes listed in paragraphs 3.2, 3.3, 3.4 and 3.5 may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
3.7 Use Permitted Under Applicable Laws. We may also collect, use, disclose and process your personal data for other purposes, without your knowledge or consent, where this is required or permitted by law.
3.8 Contacting You. When using your personal data to contact you for the above purposes, we may contact you via mail, email, SMS, telephone, pop-up notifications (when you are using our applications), or any other means. We will not contact you for marketing purposes unless with your consent, or we are exempted by applicable law from obtaining consent. When contacting you for marketing purposes, we will not contact you through your telephone number unless you have specifically consented to such a mode of communication. If you do not wish to receive any communication or information from us or wish to restrict how we may contact or send you information, you may contact us to do so.
04. Disclosure of Personal Data
4.2 Other Disclosures. We may also disclose or share your personal data in connection with the purposes described in paragraphs 3.2, 3.3 and 3.4:
- where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or
- to third-party service providers, agents, regulatory authorities and other organisations we have engaged.
When disclosing personal data to third parties, we will (where appropriate and required by applicable law) enter into contracts with these third parties to protect your personal data in a manner that is consistent with applicable laws and/or ensure that they only process your personal data in accordance with our instructions.
05. Transfers of Personal Data Out of Malaysia
We may transfer your personal data out of Malaysia for the purposes set out in paragraph 3. When transferring personal data outside Malaysia, we will require recipients of the personal data to protect personal data at a standard comparable to that under the laws of Malaysia. For example, we may enter into legally enforceable agreements with the recipients to ensure that they protect your personal data.
06. Protection of Personal Data
6.2 Anonymised Data. In some circumstances, we may anonymise your personal data so that it no longer identifies you, in which case we are entitled to retain and use such anonymised data without restriction, including for data analytics.
6.3 Unauthorised Access and Vulnerabilities. While we take reasonable precautions to safeguard your personal data in our possession or under our control, we cannot be held responsible for unauthorised or unintended access beyond our control, including hacking or cybercrimes. We also do not guarantee that our website and applications are invulnerable to security breaches or that your use of our website and applications is safe and protected from viruses, worms, Trojan horses, and other vulnerabilities. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
07. Links to Third Party Websites
7.3 The third-party entity will only use your personal information for the purpose stated in the course and according to the third party website terms.
7.4 Whether you follow a link in a course and submit your personal information or not, your course progress will in no way be affected. Nor will your Beyond4 profile.
- recognise your browser as a previous visitor and save any preferences that may have been set during your last visit to our website;
- obtain information about your preferences, online movements and use of the Internet;
- track website analytics and carry out research and statistical analysis to help improve our content, products and services and to help us better understand our visitors’ or customers’ requirements and interests;
- customise and target our marketing and advertising campaigns and those of our partners more effectively by providing personalised interest-based advertisements;
- measure and research the effectiveness of our interactive online content, features, advertisements, and other communications;
- make your online experience more efficient and enjoyable.
8.4 Managing Cookies. Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org. or www.allaboutcookies.org
09. Your Rights
9.2 Access to and Correction of Personal Data. If you wish to make (A) a request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (B) a request to correct or update any of your personal data which we hold about you, you may submit your request in writing and email to our Data Protection Officer (refer to paragraph 1.4 above for contact details). Where permitted by law, we may charge you a fee to process your access request. If so, we will inform you of the fee before processing your request. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or make a correction requested by you, we shall generally inform you of why we are unable to do so (except where we are not required to do so under the PDPA). We may also be permitted under applicable laws to refuse a request.
9.3 Limitations. We may be permitted under applicable laws to refuse your request to exercise your rights. For example, we may refuse (A) a request for erasure where the personal data is required in connection with claims, or (B) an objection request and continue processing your personal data based on compelling legitimate grounds for the processing.