Terms & Privacy

In this Privacy Policy, “Wan & Company”, “we”, “our” or “us” refers to Wan & Company, Chartered Accountants [AF0341]. We value your privacy and this Privacy Policy informs you of your choices and our practices regarding any Personal Data you provide to us or that you generate through your use of our services (“our services”).

Scope of this privacy policy

This Privacy Policy applies to our services and is incorporated into and forms part of Terms of Service (“Terms”) that you have agreed to in order to use our services. Any terms used in this Privacy Policy will have the same meaning as the equivalent defined terms in the Terms, unless otherwise defined in this Privacy Policy or the context requires otherwise. Please note that:

this Privacy Policy does not apply to Personal Data collected through third party services (including any third-party websites or mobile apps) that you may access through our services;
in providing our services, we may collect, use, disclose and retain your Personal Data;
we share your Personal Data with our affiliates, business partners and service providers in order to provide our services to you, to carry out our obligations and enforce our rights, and to carry out our business (as set out in the “Sharing of Your Personal Information” section below).
you have rights that you may exercise in relation to your Personal Data and you may exercise these rights by contacting us through the methods set out in the “Your Rights” section below.
It is important for you to understand how we collect and use your Personal Data and how you may control it, so please read this Privacy Policy carefully. By using our services, you agree that we may collect, use and process your Personal Data in accordance with this Privacy Policy, as revised from time to time. If you do not agree with this Privacy Policy, you must not use our services.

Change to this privacy policy

We may from time to time, at our sole and absolute discretion, revise or add specific instructions, policies and terms to this Privacy Policy where such revisions, instructions, policies and terms shall form part of this Privacy Policy. Where there are any changes to this Privacy Policy, we will notify you (via our website, direct communication to you, or any other means which we deem appropriate). You agree that by continuing to use our services after any changes to this Privacy Policy, you are agreeing to the revised Privacy Policy.

Information we collect and how we collect it

In providing our services, we collect and process the following Information relating to you:

“Personal Data”, such as any data or information, whether true or not, which is (a) about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as “personal data” or “personal information” under Malaysia’s Personal Data Protection Act 2010 (“PDPA”) and its subsidiary legislations and regulations as may be amended from time to time. Personal Data we collect and process include Identity Data, Contact Data, Biometric Data, Location Data, Log Data and Marketing and Communications Data;

“Identity Data”, such as your name, gender, date of birth, identification/passport number, nationality and photocopy of identity document or passport that you upload when using our services;

“Contact Data”, such as residential address, mailing address, email address and phone numbers;

“Biometric Data”, such as facial images when you upload image or video of yourself when using our services;

“Location Data”, such as information regarding your location (when you use a location-enabled services), including the location of your device when you use our services, such as from the GPS, WiFi, compass, accelerometer or other sensors in your device;

“Log Data”, such as technical information that is automatically collected when you use our services, including (a) technical information such as your mobile carrier, configuration information made available by your device, web browser or other programs you use to access our services, your IP address, mac address and your device’s type, model, version and identification number; and (b) information about your use of our services; and

“Marketing and Communications Data”, such as your preferences in receiving marketing information from us, our affiliates, business partners and service providers, and your communication preferences.

You must only submit Personal Data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the Personal Data you have provided to us. We shall have the right to request for documentation to verify the Personal Data provided by you as part of our customer due diligence processes (“CDD”). We disclaim any liability for failure to provide services to you if you fail to ensure that your Personal Data submitted to us is complete and accurate. You may access and update your Personal Data submitted to us at any time by contacting us using the details set out in the “Contact” section below.

How we use your personal data

We may use your Personal Data for any of the following purposes:

to provide our services to you;
for customer service, security, fraud-detection, archival and backup purposes in connection with the provision of our services;
to better understand how you access and use our services, for the purposes of trying to improve our services and to respond to customer desires and references, including language and location customisation, personalised help and instructions, or other responses to your and other clients’ usage of our services;
to help us develop our new services and/or improve our existing services;
software verification or administering software upgrades; and
our commercial transactions.
If we rely on your consent for us to use your Personal Data in a particular way, but you change your mind, you may withdraw your consent by contacting us using the details set out in the “Contact” section below. Upon the receipt of such withdrawal notice from you, we will stop such use of your Personal Data.
However, if you withdraw your consent, this may impact our ability to provide you with our services.

Security practices

We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access or disclosure of your Personal Data. We use Secure Socket Layer (SSL) technology to store your Personal Data.

Advertising

We will honour your request for us to not use your Personal Data for the marketing purposes as described above. If you wish to make such a request, please contact us by using the details set out in the “Connect to Us” section.

Please note that we do not share your Personal Data with advertisers. We may, however, share Personal Data that cannot be used to identify you in aggregated, anonymised or pseudonymised form with advertisers for the purposes of trying to offer you advertising that is more relevant to you.

Sharing of your personal data

Unless permitted under this Privacy Policy or otherwise consented by you, we will not transfer your Personal Data to any third parties except our affiliates, business partners and service providers where such affiliates, business partners and service providers may collect your Personal Data across our services. We and such affiliates, business partners and service providers may share your Personal Data within our respective group of companies.

Any collection and/or sharing of your Personal Data as permitted under the provision above or any other provisions of this Privacy Policy will only be used for the purposes of:

providing our services to you;
assisting us in carrying out the purposes set out under the “How We Use Your Personal Data” section above;
carrying out our obligations and enforcing our rights under the Terms or this Privacy Policy; and/or
our business, including helping us to understand our client/user better and/or to improve our services.
Where we permit any third parties to collect and use your Personal Data in accordance with the provisions above, we will use reasonable efforts to ensure that such third parties only use your Personal Data: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions we give them, including any appropriate confidentiality and security measures that we implement. You hereby consent to the third-party use and sharing of your Personal Data as described in this “Sharing of your Personal Data” section.

Under specific circumstances, you agree that we may be required to retain, preserve or disclose your Personal Data to comply with any legal requirements, including:

in order to comply with applicable laws or regulations or where we believe it is reasonably necessary to comply with the applicable laws or regulations;
in order to comply with a court order or other legal process; and/or
in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere).

Communication from us

When you use our services, we may send you push notifications through our mobile app installed on your device. If you no longer wish to receive these communications, you can do so by opting out of notifications at the device level. We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend one of our services for maintenance). You may not opt-out of these service-related announcements, which are not promotional in nature.

Third party services on our services

Our services may include, or they may link you to, social media or other services (including websites) provided by third parties.

Your use of any such third-party services, including any Personal Data you provide to such third parties, are subject to the relevant third party’s own terms of services and privacy policies and not our Terms or this Privacy Policy, so please review their terms carefully. This Privacy Policy only applies to any Personal Data collected by us, does not apply to any Personal Data collected by such third parties or services offered by such third parties, and we bear no liability for any third-party use of any Personal Data provided by you to them.

Retention of your personal data

We retain your Personal Data only if we need it to support justifiable business requirements or if required by the applicable laws. For example, we will only retain your Personal Data for as long as we have a business relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, or where we are required by law to retain it. Upon the expiry of time relating to any business needs or legal requirements to retain your Personal Data, we will take reasonable step to ensure that your Personal Data is deleted or anonymised.

Your rights

You have the right to request access to Personal Data that we hold about you, subject to certain conditions and limited exceptions set out in the applicable laws. If you wish to do so, please email your request to us by using the contact details set out in the “Connect to Us” section.

We will be as open as we can with you but sometimes we might not hold any Personal Data about you or may have to withhold Personal Data from you, but only to the extent we are allowed to do so under the applicable laws. For example, where the information is not Personal Data about you, is commercially sensitive, is legally privileged or relates to the Personal Data of another person, or disclosure of the information may have impact on the safety or security of our employees, clients or any person. In any of such circumstances, we may withhold the information requested by you and provide you with reason.

You have the right to ask us not to use your Personal Data for marketing purposes or any other purpose. You can exercise the right at any time by contacting us using the details set out in the “Connect to Us” section.

You may also have a right under the applicable laws to make other requests relating to your Personal Data.

For example, you may have a right to:

request that we update or correct the record of your Personal Data maintained by us if it is inaccurate or out of date;
request that we erase that data or cease processing it, subject to certain exceptions;
receive your Personal Data in a structured, commonly used and machine-readable format, and to transmit that data to another data controller; and
lodge a complaint with the appropriate data protection authority if you have concerns about how we process your Personal Data. Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.

If you wish to exercise any of the above rights, please make your request by using the contact details set out in the “Connect to Us” section.

Terms of Service

We offer a diverse range of services (“our services”) to our users and are subject to these Terms of Service (“Terms” or “these Terms”), so please read them carefully.

We reserve the right, at our sole and absolute discretion, to change, modify, add and/or remove any parts of these Terms at any time. It is your responsibility to check these Terms periodically for any changes and your continued use of our services will mean that you accept and agree to the changes. If you do not wish to comply with the Terms, you must not use our services.

Contracting entity

By using our Website and our services, you agree to enter into these Terms with Wan & Company, Chartered Accountants [AF0341], refer to as (“Wan & Company", "we”, “our” and “us”).

We may specify in certain of our service-specific terms that you are contracting with one of our affiliated companies, business partners or service providers in relation to your use of the services to which the relevant service-specific terms apply. Where this is the case, the relevant contracting entity will be identified in the relevant service-specific terms, and these Terms (including the relevant service-specific terms) will apply between you and that identified contracting entity in relation to your use of the relevant services.

Other policy in relation to these terms

The Privacy Policy (which sets out how we collect, store and use your personal data when you use our Website and our services) forms part of these Terms and shall deemed to have incorporated into these Terms.

Contents

When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our services (“Your Content”) to us, you understand and agree that:

you will continue to own and be responsible for Your Content;
our use of Your Content will be subject to our Privacy Policy;
you are giving us, our affiliates, business partners and service providers to use Your Content (with no fees or charges payable by us to you) for the purposes of providing to you our services;
You are solely responsible for Your Content and you must at all times ensure that: (i) you have the rights required to submit, transmit or display Your Content, and to grant us the rights as set out in these Terms; and (ii) Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the rights of any person or otherwise contravene any applicable laws or regulations.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code on our Website (“Our Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of Our Content, contained on our Website is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms, no part of Our Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

Third party consent and services

We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed on our Website by our affiliates, business partners and service providers. Any reliance such content is at your own risk. Your use of our Website and our services does not give you any right in or to any content you may access or obtain in connection with your use of our Website and our services. We bear no responsibility for your use of services or relationship with any such third party service providers.

There may be, from time to time, third party content and services on our Website that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for example, our affiliate that was responsible for writing an article that then appears on our services). In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.

Advertising contents

Our Website and our services may include advertising or commercial contents. You acknowledge and agree that we are allowed to integrate, display and otherwise communicate advertising or commercial contents in our website and our services and that (where reasonably practicable) we will identify paid services and communications. You also acknowledge and agree that, as explained in our Privacy Policy, we use targeted advertising to try to make advertising more relevant and valuable to you.

Intellectual property rights

All intellectual property rights in or to our Website and our services will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our sole discretion without any payment or other obligation to you.

Where our services involve you downloading and using any software provided by us, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the software for the sole purpose of using our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under the applicable laws or regulations or you have our prior written consent to do so. Where applicable laws or regulations entitle you to reverse compile or extract source codes from our software, you must first contact us to request the information you need. We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not be able to operate properly if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support your device or system.

Disclaimer

All information displayed on our Website is strictly intended for general information and knowledge only and do not constitute any professional advice. The information displayed herein is subject to changes and may no longer be accurate after the uploading date. While every care has been taken by us to ensure the accuracy of the information contained on our Website, it remains your sole responsibility and obligation to seek independent professional advice as to the reasons for your visiting the Website. No oral or written information or advice provided by us (including without limitation its call centre, live chat or customer service representatives) shall (i) constitute professional advice or (ii) create a warranty of any kind with respect to our Website. In relation thereto, you should not act or refrain from acting based on information contained on our Website or information provided by us (including without limitation its call centre, live chat or customer service representatives) without seeking advice from a relevant qualified professional, advisor or consultant.

Any and all articles, reports or other materials published on our Website reflect the views of the individuals that prepared them and do not reflect or represent our position or indicate a decisive commitment towards a certain course of action. We make no representations or warranties about such articles, reports or other materials , whether expressly or impliedly.

We, our officers, directors, employees, agents, and all third party service provider(s) make no representation and warranty, whether expressly or impliedly:

with regard to the content of our Website, including any warranties of merchantability, fitness for a particular purpose, title or non-infringement;
with regard to accurately or completeness of the information provided on our Website;
that our Website and its content will meet your requirements;
that our Website will not experience any interruption, disruption or problem with accessibility;
that our Website is free from any error, omission or viruses or other harmful components;
that our Website is secure from third parties;
with regard to the accuracy, completeness, or content of any third party websites linked (through hyperlinks, banner advertising or otherwise) to our Website; and
with regard to the services found at our Website or any third party websites linked (through hyperlinks, banner advertising or otherwise) to our Website.

Limitation of liability

The use of any information or materials on our Website is entirely at your own risk. We are neither responsible nor liable for any losses, damages, claims, expenses (including legal fees) and damages of any nature whatsoever (“Losses”) incurred or suffered by you or any third party as a result of any act or omission by you or any other parties in reliance on any of the information or materials contained on our Website or arising out of or in connection with your use of or access to our Website, including but not limited to any damage to your software or hardware. Such Losses shall include without limitation any direct, indirect, consequential, special, incidental, punitive or exemplary damages (whether based on warranty, contract, tort or other legal or equitable theory, even if we have or were advised of the possibility of such Losses.

By using our Website, you have assumed the responsibility for any potential risks which may be associated with or arising from the use of our Website, including but not limited to the risks of your data, computer, devices and/or software being affected by any virus which may have been activated, transmitted or downloaded via your use of and access to our Website or any other third party websites linked (through hyperlinks, banner advertising or otherwise) to our Website.

We shall have no responsibility and liability for any damages to your device and computer system including any loss of data that caused by the use of our Website by you or the download of any content, materials, information or software from our Website by you.

Indemnity

You agree to defend, indemnify and hold harmless, us, our officers, directors, employees and agents from and against any and all claims, liabilities, losses, costs, expenses (including legal fees) and damages of any nature whatsoever, caused by negligence, act and/or omission of you or your officers, directors, employees and/or agents that arising out of or in connection with your access to or use of our Website and our services, including any information or materials on our Website or your breach of any of these Terms herein.

General

These Terms are the entire agreement between you and us in relation to our services. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.

No person other than you and us will (subject to any applicable laws and regulations) have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms, without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or notice. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.

We may translate these Terms into multiple languages. In the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent of the difference and to the extent permitted by applicable laws and regulations).

Governing laws and dispute resolution

These terms shall be governed by and construed in accordance with the laws of Malaysia. All disputes arising out of or in connection with these Terms shall be referred to the exclusive jurisdiction of the Courts of Malaysia.

Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (Malaysia) (“AIAC”) under AIAC Arbitration rules. The seat of the arbitration will be Malaysia and the arbitration proceedings will be conducted in English.