PRIVACY POLICY

Last modified: 21 August 2022

STATEMENT

Welcome to BIM Freelance Services’ website (“Site”) run by BIM Freelance Service. (Company Registration No. (003227689-K)).  BIM Freelance Services takes its responsibilities under the Personal Data Protection Act 2010 and its regulations as well as such other applicable privacy laws (“PDPA”) seriously and is committed to respecting the privacy rights and concerns of all Users of our Platform. We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data.

All definition in the TERMS OF USE shall be adopted unless the context otherwise required or specified.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING THE PLATFORM, USING THE SERVICES AND/OR REGISTERING FOR AN ACCOUNT WITH US, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT YOU AGREE TO ACCEPT THE PRACTICES, REQUIREMENTS, AND/OR POLICIES OUTLINED IN THIS PRIVACY POLICY, AND HEREBY CONSENT TO US COLLECTING, USING, DISCLOSING AND/OR PROCESSING YOUR PERSONAL DATA AS DESCRIBED HEREIN. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM.

We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be published and posted on the Platform and, where appropriate, notified to you by email, whereupon your continued access to the Platform and/or use of the Services shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy. Please check back frequently to see any updates or changes to this Privacy Policy.

If you have any queries, comments, suggestions or complaints regarding this Privacy Policy or our privacy practices, please contact us through our ‘Contact Us’ page on the Platform.

THE PERSONAL DATA WE COLLECT FROM YOU

• Personal data means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

• We may collect the following personal data from you:

1. Identity data, such as your name, gender, and date of birth;

2. Contact data, such as billing address, delivery address, email address, and phone numbers;

3. Account data, such as bank account and payment details;

4. Transaction data, such as details about payments to and from you, and other details of services or products you have purchased from us;

5. Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform;

6. Profile data, such as your username and password, purchases, orders or bookings made by you, your interests, preferences, feedback and survey responses;

7. Usage data, such as information on how you use the Platform and/or the Services; and/or

8. Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.

1. • During the course of your use of the Platform and/or the Services, we may receive personal data from you in the following situations:

1. When you register an Account with BIM Freelance Services;

2. When you submit any forms to us, including (but not limited to) application or registration form, whether online or by way of a physical form;

3. When you enter into any agreement or provide other documentation or information in respect of your arrangement with us;

4. When you use any of the features or functions available on the Platform and/or Services;

5. When you participate in a contest, promotional activity or survey;

6. When you log in to your Account on our Platform or otherwise interact with us via an external service or application, such as Facebook or Google; and/or

7. When you interact with us offline.

• You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of changes. We shall have the right to request for documentation to verify the personal data provided by you as part of our verification processes.

• We will only be able to collect your personal data if you voluntarily submit the personal data to us. Unfortunately, if you choose not to submit your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with our Services or access to the Platform.

• You may access and update your personal information submitted to us at any time as described below.

• If you provide personal data of any third party to us, you represent and warrant that you have obtained the necessary consent from that third party to share and transfer his/her personal data to us, and for us to collect, use and disclose that data in accordance with this Privacy Policy.

USE AND DISCLOSURE OF PERSONAL DATA

• We may collect, use, disclose and/or process your personal data for one or more of the following purposes (“Purposes”):

1. To consider and/or process your application and/or transaction with us;

2. To respond to, process, deal with or complete a transaction and/or to fulfil your purchases, orders, booking or requests and notify you of any service issues and unusual account actions;

3. To deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;

4. To contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;

5. To administer your Account (if any) with us;

6. To verify and carry out financial transactions in relation to payments you make online;

7. To carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;

8. To identify and verify visitors on the Platform;

9. To audit our businesses;

10. To prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;

11. To carry out research on our users’ demographics and behaviour;

12. Subject to having obtained your consent, to send you marketing or promotional materials of our goods and/or services from time to time;

13. To conduct automated-decision making processes in accordance with any of these purposes; and/or

14. Any other purposes which we notify you of at the time of obtaining your consent.

• The personal data we collect from you for the Purposes may be shared with or transferred to the following third parties:

1. Our parent, associated, subsidiary and/or related companies;

2. Our business partners including the Partnered Service Providers, business affiliates, agents, merchants and vendors that we have entered into agreements with;

3. Our auditors, business consultants, accountants, lawyers or other professional advisers and/or consultants as we deem necessary and appropriate;

4. Our sub-contractors or appointed third party service providers as we deem necessary or appropriate, including but not limited to the website/system/portal developer/administrator, payment gateway service provider, logistics service provider, moving service provider, warehouse service provider and marketing companies or entities; and

5. Financial institutions, credit reporting agencies and other entities of similar function.

• In sharing and/or transferring your personal data to the third parties, we endeavour to ensure that such third parties will keep your personal data secured from unauthorised access, collection, use, disclosure, or similar risks and retain your personal data only for as long as they need your personal data to achieve the Purposes.

• If you are located in Malaysia, we may transfer or permit the transfer of your personal data outside of Malaysia for any of the Purposes set out in this Privacy Policy. In disclosing or transferring, or permitting the transfer of, your personal data to third parties located overseas, we take steps to ensure that the receiving party has in place a standard of protection accorded to personal data that is comparable to the protection under or up to the standard of the data protection laws as are applicable to us.

YOU IRREVOCABLY ACKNOWLEDGE AND AGREE THAT BIM FRELLANCE SERVICES HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OF ANY RELEVANT JURISDICTION IF THELORRY HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR PERSONAL DATA IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS, REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST THELORRY FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.

UPDATING OR CORRECTING YOUR PERSONAL DATA

It is important that the personal data you provide to us is accurate. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date. You can correct or update your personal data anytime by accessing your Account on the Platform. If you are unable to correct or update your personal data through your Account, you can do so by contacting us through our ‘Contact Us’ page on the Platform.

ACCESSING YOUR PERSONAL DATA

1. If you would like request information about your personal data which we have collected, or inquire about the ways in which your personal data may have been used or disclosed by us, please contact us through our ‘Contact Us’ page on the Platform.

2. We may be charging you a reasonable administrative fee for the handling and processing of your requests to access your personal data. If we opt to charge, we will provide you with a written estimate of the administrative fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

3. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within fourteen (14) days from the date of your request, we will inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).

WITHDRAWAL OF CONSENT AND DELETION OR ANONYMISATION OF PERSONAL DATA

1. You may communicate the withdrawal of your consent to the continued use or disclosure of your personal data for any of the Purposes and in the manner as stated above at any time, or request the deletion or anonymisation of your personal data, by contacting us through our ‘Contact Us’ page on the Platform.

2. Please note that if you communicate your withdrawal of your consent to our use or disclosure of your personal data for the Purposes and in the manner as stated above, or request the deletion or anonymisation of your personal data, we may not be in a position to continue to provide our Services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide our Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.

SECURITY OF YOUR PERSONAL DATA

To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as:

1. Storing the personal data behind a secured network which is only accessible by a limited number of personnel who have special access rights to such systems;

2. Maintaining technology products to prevent unauthorised computer access;

3. Deleting or anonymising personal data in compliance with the standards mandated by applicable law, when it is no longer needed for any legal or business purpose; and

4. Using encryption technology when processing any financial information.

RETENTION OF PERSONAL DATA

1. We will only retain your personal data for as long as we are either required to by law or as is relevant for the Purposes for which it was collected.

2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the Purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.

CHILDREN AND MINORS UNDER THE LEGAL AGE

1. BIM Freelance Services does not and will not provide any of the Services or the use of the Platform to children or minor under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (“Legal Age”). We do not knowingly collect or maintain any personal data from anyone under the Legal Age.

2. If you are below the Legal Age, you must get permission from a parent or legal guardian to use the Platform and/or our Services and that parent or legal guardian must agree to this Privacy Policy on your behalf.

COLLECTION OF COMPUTER DATA

1. We or our authorised service providers may from time to time implement “cookies” or other features to allow us or third parties to collect or share information that will help us improve our Platform and/or the Services we offer, or help us offer new services and features.

2. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Platform or Services are accessed or used, by how many people and to track movements within our Platform. We may link cookie information to personal data. Cookies also link to information regarding what goods you have selected for purchase and pages you have viewed in order to keep track of your shopping cart. Cookies are also used to deliver content specific to your interest and to monitor Platform’s usage.

3. You may be able to manage and delete cookies through your browser or device settings. However, please note that if you do this you may not be able to use the full functionality of our Platform or the Services.

THIRD PARTY SITES

1. In an attempt to provide you with increased value, we may choose various third-party websites (“Third Party Site”) to link to, and frame within, the Platform. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our Users. These linked Third Party Sites have separate and independent privacy policies as well as security arrangements. Even if the third parties may be affiliated with us, we have no control over the Third Party Sites, each of which has separate privacy and data collection practices independent of us. Data collected by the Third Party Sites (even if linked through our Platform) may not be received by us.

2. Subject to Clause 11.1 above, we have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of any Third Party Sites. These linked Third Party Sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and we welcome any feedback about these linked Third Party Sites.

LANGUAGE

This Privacy Policy may be translated into any language(s) other than English (“Translated version”). In the event of any inconsistency between the English version and the Translated version of this Privacy Policy, the English version shall prevail.