1.1. The terms used in this Privacy Policy shall have the following same meanings:-

• “After Sales Services” means such after-sales and maintenance services provided by us for the Products, as requested by customers through the Mobile App or manually and directly from us;
• “Installation Works” meansuch installation works provided by us for the Products;
• “Mobile App” mobile software application, known as 'Powertechnic' which is developed by Avenir Technologies Sdn Bhd (Registration No.: 201901033031 (1342361-D)) for us and operated by us, to provide the Services;
• “Personal Data” has the meaning ascribed to it under the PDPA 2010 which is reiterated as follows:-
  any information in respect of commercial transactions, which -
  • (a) Is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose;
  • (b) Is recorded with the intention that it should wholly or partly be processed by means of such equipment; or
  • (c) Is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system,

  That relates directly or indirectly to a data subject, who is identified or identifiable from that information or form that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010.

• “PDPA” means Personal Data Protection Act 2010, Personal Data Protection (Class of Data Users) Order 2013 and the relevant regulations governing the same, as may be amended from time to time.
• “Platform” collectively means, the Web Portal and the Mobile App both of which are operated by us;
• “Powertechnic”, “we”, “us” and “our” collectively means:-
  
  
  • (a) Powertechnic Group Sdn Bhd (Registration No. 202101015445 (1415745-D));
  • (b) Powertechnic Handling Equipment (M) Sdn Bhd (Registration No. 200201007360 (575023-H));
  • (c) Powertechnic Resources Sdn Bhd (Registration No. 201501045428 (1170751-U));
  • (d) Powertechnic Marketing Sdn Bhd (Registration No. 201701017910 (1232075-H)); and/or

  any company, body corporate, and/or entity forming any part of Powertechnic Group Sdn Bhd (Registration No. 202101015445 (1415745-D)), as defined in Section 7 of the Companies Act 2016;

• “Product(s)” means amongst others, cranes and hoists, dock levelers, table lifters, sectional doors, goods hoists, and home lifts and such other products as may be determined by us from time to time;
• “Services” collectively, means the After Sales Services, Installation Works and Trading Services;
• “Trading Services” means the purchase and supply of the products namely, home lift and such other products as may be sold by us from time to time;
• “User(s)” means any user of the Platform, our customers and suppliers duly registered with us;
• “Personally Identifiable Information” means personal information that can identify a User, including but not limited to name, email address, password or other contact information, customer service requests, information provided for assistance services, or other information that a User voluntarily chooses to provide to Powertechnic;
• “Non-Personally Identifiable Information” means non-personal information which Powertechnic collects, including but not limited to the User's device type and operating system, date and time of access, host or Internet service provider (ISP) information, and identity of the referring site (any site from which the User accessed the Platform); and
• “Web Portal” means the web portal, namely https://www.powertechnic.asia and https://powertechnic.com.my/, both managed by Xantec Solutions Sdn Bhd (Registration No.: 201101022112 (950251-X)) for us.

3.1. We will/may collect and process Personal Data about you:

• 3.1.1. When you register as our customers or suppliers, using our Services or the Platform;
• 3.1.2. When you submit any form(s) up to and including (but not limited to); application forms or other forms relating to any of our Services, whether in the form of hard copy or digital;
• 3.1.3. When you enter into any agreement or provide documentation or information in respect of your interactions with us or when you utilize our Products and Services;
• 3.1.4. When you interact with our personnel telephone calls (which may be recorded), letters, our Platform and emails, if any and applicable;
• 3.1.5. When you utilize our electronic services, interact with us via our Platform or use the Services on the Mobile App. This includes – without limitation– cookies which we may deploy when you interact with our Platform;
• 3.1.6. When you provide us with feedback or complaints; and
• 3.1.7. When you submit your Personal Data to us for any reason.

3.2. The above does not purport to be exhaustive and simply provides common instances of when Personal Data about you may be collected and processed. When you visit, use or interact with our Platform, certain information may be collected by automated or passive means using a variety of technologies, which may be downloaded and will potentially set or modify settings on your electronic device. The information we collect may include, with no limitation, Non-Personally Identifiable Information such as your Internet Protocol (IP) address, electronic device operating system and browser type, type and characteristics of the electronic device, the unique device identifier (UDID) or mobile equipment identifier (MEID) of the mobile device in question, the address of a referring Mobile App (if any), and the pages you visit on our Web Portal and the times of visit. We may collect, use, disclose and/or process this information only for the Purposes defined below.

3.3. Our Platform may collect precise information about the location of your electronic device using technologies such as global positioning system (GPS), Wi-Fi, etc. We collect, use, disclose and/or process this information for one or more of the following Purposes including, without limitation; location-based services that you request or to deliver relevant content to you based on your location or allow you to share your location to other Users as part of the Services under our Mobile App. For most electronic devices, you can withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your electronic device's location services, please contact your electronic device service provider or the electronic device manufacturer.

4.1 The Personal Data that Powertechnic may collect includes but is not limited to:

• 4.1.1. Full name;
• 4.1.2. Email address;
• 4.1.3. Telephone number; and
• 4.1.4. Any other information the User provided when registering an account with us, when the User uses the Services or Platform as well as information related to how the User uses our Services or Platform.

4.2. For sake of clarity, saved as the above-mentioned Personal Data set out under sub-clauses 4.1.1 to 4.1.4 which are mandatorily required, it is optional for the User to provide us such other relevant Personal Data voluntarily.

4.3. If you do not want us to collect the above mentioned information/Personal Data, you may opt out at any time by notifying our officer-in-charge for the protection of the Personal Data (“Personal Data Protection Officer”) via email at the email address listed below under Clause 18. Further information on this matter can be found in Clause 17 below entitled "How can you opt-out, remove, request access to or modify information you have provided to us?". Please note that opting out of the collection of your Personal Data and/or withdrawing your consent for us to collect, use or process your Personal Data may affect utilization of the Services. For example, opting out of the collection of location information will cause its location-based features to be disabled.

4.4. If you fail to provide us with such Personal Data, we may not be able to process and/or disclose your Personal Data for any of the Purposes (as defined hereinbelow) and consequently we may not be able to continue to provide you with our Services.

4.5. In case of any error occurs in the Mobile App, we will collect data and information (through third-party products) via your phone (“Log Data”). The Log Data may include the Personal Data such as your device IP address, device name, operating system version, the configuration of the Mobile App when utilising our Service, the time and date of your use of the Service, and other statistics.

4.6. WE DO NOT address anyone under the age of 13. We would not knowingly collect Personally Identifiable Information from minors who are below 13 years of age. In any case we discover the Personal Data is provided by minors who are below 13 years of age, we will immediately delete their Personal Data from our Services. If you are the parent or guardian and you are aware that your child has provided us with the Personal Data, please contact us as soon as possible.

5.1. We store cookies on your electronic devices that you use to access and browse the Platform to facilitate and customize your experience with the Platform. A cookie is a small text file that is stored on a User's electronic device for record-keeping purposes which contains information about that User. We use cookies to save you time while using the Platform, remind us who you are, and track and target User interests in order to provide a customized experience. Cookies also allow us to collect Non-Personally Identifiable Information from you. Use of this information helps us to create a more user-friendly experience for all Users.

• 8.1.1. To assess, address or fulfil your registration, orders usage, request(s), application(s), feedback or complaints for our Products and/or Services;
• 8.1.2. To provide you with Products and/or Services provided or administered by our agents, affiliates, service providers, contractors (including sub-contractors), and business partners as part of the Products and/or Services and benefits granted by us;
• 8.1.3. To respond to your enquiries and complaints and to generally resolve disputes;
• 8.1.4. As part of ‘know your customer’ processes or procedures;
• 8.1.5. To consider and/or process your application with us or your communications with third parties via the Products and/or Services;
• 8.1.6. To manage, operate, provide and/or administer your use of and/or access to our Services and Platform as well as your relationship and user account with us;
• 8.1.7. To manage, operate, administer and facilitate the provision of our Services, including, without limitation, remembering preferences from past usage;
• 8.1.8. To tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
• 8.1.9. To notify you about benefits and changes to the features of our Services;
• 8.1.10. To fulfil your requests for certain products and services and notify you of service issues and unusual account actions;
• 8.1.11. To enforce our Terms of Service or any applicable end user license agreements;
• 8.1.12. To protect the personal safety, rights and property of others;
• 8.1.13. For identification and/or verification;
• 8.1.14. To send you seasonal/festive greetings or messages through the Mobile App;
• 8.1.15. To maintain and administer any software updates and support that may be required from time to time to ensure the smooth running of our provided Services;
• 8.1.16. To facilitate customer service, carry out your instructions or respond to any enquiries given by (or purported to be given by) you or on your behalf;
• 8.1.17. 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 ensuring ease of utilisation of the Services, such as but not limited to communicating administrative information to you relating to our Products and/or 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 the 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;
• 8.1.18. To conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Products and/or Services in order to improve our Products and/or Services and to enhance your customer experience;
• 8.1.19. To allow for audits and surveys to, among other things, validate the size and composition of our target audience and understand their experience with our Services;
• 8.1.20. Where you give us your prior consent; for marketing and in this regard, to deliver to you by various modes of communication such as postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to our Products and/or Services that Powertechnic (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future. If you are in Malaysia, in the case of the sending of marketing or promotional information to you by voice call or SMS/MMS, we will not do so unless we have complied with the requirements of Malaysia’s PDPA in relation to use of such latter modes of communication in sending you marketing information or you have expressly consented to the same;
• 8.1.21. To respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on Powertechnic or on its related corporations or affiliates;
• 8.1.22. To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
• 8.1.23. To carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with obligations of a legal or regulatory nature or our risk management procedures that may be required by law or that have been put in place by us;
• 8.1.24. 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;
• 8.1.25. To store, host, backup (whether for disaster recovery or otherwise) of your Personal Data, whether within or outside of your jurisdiction;
• 8.1.26. Any other purposes incidental/related to any of the above purposes set out under this clause which we notify you of at the time of obtaining your consent (collectively, the “Purposes”). As the purposes for which we will/may collect, use, disclose or process your Personal Data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purposes at the time of obtaining your consent, unless there is no requirement to do so under the PDPA.

• 10.1.1. Our subsidiaries;
• 10.1.2. Contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres;
• 10.1.3. A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Powertechnic's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Data held by Powertechnic about our Users is among the assets transferred; or to a counterparty in a business asset transaction that Powertechnic or any of its affiliates or related corporations is involved in;
• 10.1.4. Third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your Personal Data for one or more of the Purposes;
• 10.1.5. To the extent permitted by law, to any third-party credit search agency including but not limited to the Insolvency Department of Malaysia, Central Credit Reference System (“CCRIS”) and Credit Tip Off Service (“CTOS”), CTOS Data Systems Sdn Bhd;
• 10.1.6. As required or requested by Bank Negara Malaysia, Securities Commission Malaysia, Companies Commission of Malaysia, Inland Revenue Board or any other regulatory or competent authorities;
• 10.1.7. Government agencies, statutory authorities, local councils and/or industry regulators, as well as to any other third party pursuant to any order or judgment of a court of law;
• 10.1.8. Law enforcement agencies where it is required for the purposes of prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders or for an investigation relating to any of these;
• 10.1.9. Any party in relation to legal proceedings or prospective legal proceedings; and/or
• 10.1.10. Such other third parties are necessary to carry out the Purposes stated herein (including but not limited to banks and financial institutions; insurance providers; housing/commercial/land developers; property surveyors & valuers; real estate agents/negotiators).

• 14.2.1. To identify the User;
• 14.2.2. To facilitate our Mobile App;
• 14.2.3. To provide the Mobile App on our behalf;
• 14.2.4. To perform Mobile App-related services; or
• 14.2.5. To assist us in the analysis of the usage of our Mobile App.

• 17.5.1. To modify your email subscriptions, please let us know by sending an email to our Personal Data Protection Officer at the email address listed below in Clause 18. Please note that due to email production schedules, you may still receive emails that are already in production.
• 17.5.2. You may withdraw your consent for the collection, use and/or disclosure of your Personal Data in our possession or under our control by sending an email to our Personal Data Protection Officer at the email address or contact us via the contact information listed below in Clause 18.
• 17.5.3. Once we have clear withdrawal instructions and verified your identity, we will process your request for withdrawal of consent and will thereafter not collect, use and/or disclose your Personal Data in the manner stated in your request. If we are unable to verify your identity or understand your instructions, we will liaise with you to clarify further.
• 17.5.4. However, please note your withdrawal of consent may result in legal consequences arising from such action. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we will not be able to continue providing the Products and/or Services to you, possible termination of your existing relationship and/or the contract(s) you have with us, etc., as the case may be, which we will inform you of.

• 17.6.1. You may personally access and/or correct your Personal Data currently in our possession or control, by submitting a written request to us in order to access and/or correct your Personal Data currently in our possession or control. We will require a specific amount of information from you in order to ascertain your identity, such as your name and email address,as well as the nature of your request so as to be able to assist with your request. Please submit written requests via the “HELP” line in the Mobile App or sending an email to our Personal Data Protection Officer at the email address listed below in Clause 18.
• 17.6.2. For a request to access Personal Data, once we have sufficient information from you to act upon the request, we will seek to provide you with the relevant Personal Data within 30 days. Should we be unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that PDPA may exempt certain types of Personal Data from being subject to your access request.
• 17.6.3. For a request to correct Personal Data, once we have sufficient information from you to act upon the request, we will:
  • (a) Correct your Personal Data within 30 days. Where we are unable to do so within the said period, we will notify you of the soonest practicable time within which we can make the correction. Note that PDPA may exempt certain types of Personal Data from being subject to your correction request as well as provisions for situation(s) when correction need not be made by us despite your request; and
  • (b) We will send the corrected Personal Data to every other organisation to which the Personal Data was disclosed by us within a year before the date the correction was made, unless that other organisation does not need the corrected Personal Data for any legal or business purpose.
  • (c) Notwithstanding paragraph (b) immediately above, we may, if you so request, send the corrected Personal Data only to specific organisations to which the Personal Data was disclosed by us within a year before the date the correction was made.
• 17.6.4. Fees may be charged for the handling and processing of your requests to access your Personal Data. If we choose to charge, we will provide you with a written estimate of the fee charged for the service. Please note in such an event that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
• 17.6.5. We reserve the right to refuse to correct your Personal Data in accordance with the provisions as set out in PDPA, where they require and/or entitle an organisation to refuse to correct Personal Data in stated circumstances.