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Bonjour Technology Sdn Bhd, its subsidiaries and/ or affiliates (hereinafter collectively referred to as “Bonjour”, “we”, “us” or “our”) commit to fully meet the requirements of the applicable data privacy law of Malaysia, i.e. the Personal Data Protection Act 2010 in Malaysia. In doing so, we will ensure our staff comply to the strictest standards of security and confidentiality in respect of all personal information and data submitted by you to us via our products, services and website.
This Privacy Notice (this “Notice”) describes how we collects, uses, maintains, discloses and shares your personal data and information about you and the choices that you can make about the way your information is collected, used, maintained, disclosed and shared.
This Notice applies to all products, services and website available from Bonjour. We strongly recommend you to read this Notice before using any product, service and website of Bonjour. By using our products, services and/or website, you are agreeing to the current terms of thisPrivacy Notice and consenting to our use of your Personal Data provided by you to us.
Personal Data is information and/or data that identifies you as an individual, such as your name, national identification number, date of birth, age, gender, nationality, mailing address, email address, mobile number, photo, income level, credit card account number, bank account number, marital status, occupation, financial information etc. When it is necessary, we may collect such other additional personal information from you to facilitate a transaction and/or to comply with all applicable anti-money laundering and/or counter-terrorist financing laws, other regulations and our internal policies. We may collect your sensitive personal data (including personal data related to your physical or mental health, the commission or alleged commission of offences etc) if it is required by another relevant authority to facilitate a transaction through any products, services and/or use of website provided by Bonjour to you. We will only use your sensitive personal data to provide the product(s), service(s) you signed up for. For the avoidance of doubt, Personal Data as defined in this Clause 2.1 shall include the sensitive personal data as specified herein.
The Personal Data we collect from you can be either voluntary or obligatory. Voluntary personal data are those data that are not mandatory in order for us to provide you with our products and/or services and/or for your usage of our website. If you do not provide us with voluntary personal data, you may still sign up for certain part of our products and/or services and/or part usage of our website. On the other hand, obligatory personal data are those data that we require in order to provide our products, services and/or for your usage of our website. If you do not provide us with the obligatory personal data, we would not be able to render you with our products, services and/or for your usage of our website. Voluntary and obligatory personal data may differ for each services and products and will be indicated in the relevant application forms.
You are not obliged to provide the Personal Data requested if you are not agreeable to this Privacy Notice. However, we may not be able to provide certain products and/or render certain services and/or allow your usage of the website, if you fail to do so and Bonjour shall not be held liable for any loss, damage, cost or expenses whatsoever in connection to your rejection in providing the required Personal Data for us to continue providing certain products to you and/or rendering certain services for you and/or allowing your usage of the website.
How do we collect your Personal Data
We collect your Personal Data in various ways, including but not limited to:-
when you sign up for or use one of the many products and/or services we provide or when you register an account at our website; and/or
when you contact us through various method such as emails, letters, application forms and telephone calls. We may monitor or record the phone call for quality assurance, training and security purposes; and/or
when we obtained any data and information from third party, i.e. legal representatives, regulatory and enforcement agencies, credit reference agencies etc; and/or
when we obtained your personal data from your participation in our customer surveys or when you sign up for any courses, seminars, competitions or events organised by Bonjour; and/or
from publicly available sources.
We may also automatically collect device information when you install, access and use our services and/or browse through our website. This includes information such as mobile carrier, mobile device model, operation system, browser type and version, IP address, device platform (Android/ iOS), browsing platform etc.
We may also collect service-related, diagnostic, and performance information. This includes information about your activity, log files, diagnostic, crash, website, referral url. and performance logs and reports.
You can adjust settings on your browser so that you will be notified when you receive a cookie. Please refer to your browser documentation to check if cookies have been enabled on your computer or to request not to receive cookies.
Purpose for which we may process your personal data
To enable us to provide the products and/or render the services and/or for your usage of the website, we may need to process your Personal Data for purposes including the following:-
Processing your application for products and/or services, effecting transactions, payments and completing instructions or requests;
Communicating with you including but not limiting to your enquiries; (c) Providing products and/or services to you;
Managing and maintaining your account with Bonjour; (e) Operational purposes;
Conducting customer due diligence checks as required by law and regulations, if any; (g) Marketing and promotional purposes provided by us and/or our merchants;
Establishment, continuation and management of your account with us
Handling and investigating complaints and/or resolving disputes.
For some purposes in connection with the products you purchased/subscribed and/or service you have requested, we have a legal or regulatory obligation to process your personal data. These purposes include but are not limited to:-
The prevention, detection, investigation and/or prosecution of crime in any jurisdiction (including, without limitation, money laundering, terrorism, fraud and other financial crime);
Identity verification, government sanctions screening and due diligence checks;
To comply with the law, regulations, reporting requirements under financial transactions legislation, if any and demands of any authority or regulator.
To whom we may disclose personal data
Any member of Bonjour, including our employees, agents and advisers, may disclose your Personal Data to any of the following parties for any of the purposes specified below:
Professional advisers (including auditors), third party service providers, agents or independent contractors providing services to support our business, website, products;
Our business alliance partners who may provide services to you;
A payment gateway service provider where the disclosure is in connection with the use of a card;
Any court, tribunal, regulator, enforcement agency or any other authority or their agents; (e) Any authority to conduct anti-money laundering related checks, for fraud prevention and detection of crime purposes;
Anyone we consider necessary in order to provide and improve the services that we provide you;
Anyone reasonably in relation to the products and/or services that we may provide to you.
Personal data collected may be transferred, stored and processed in any country in which Bonjour operates. You are deemed to have agreed to, consented to and authorized us to disclose and/or transfer your Personal Data under the circumstances stated above, without further notification to you.
Correction of your information
We are committed to ensure that Personal Data we hold about you is accurate, complete, not misleading and up-to-date. If there are any changes to your personal data or if you believe that the personal data we have about you is inaccurate, incomplete, misleading, or not up-to-date, you may correct factual errors in your personal information that we have collected by sending us a request that credibly shows the error.
To protect your privacy and security, we will take reasonable steps to verify your identity before making corrections. We reserve the right to charge you a reasonable fee if you request access to your data.
Your Personal Data will be stored by us until it is no longer necessary to provide our products and/or services or your account is deleted, whichever is the later. This is a case-by-case determination depending on the nature of the Personal Data and/or the necessary legal compliance by Bonjour in accordance with the relevant law applicable to the country of service.
Personal data may be transferred to, or stored at, a location outside of your country of residence, which may not have data protection law. The security of your personal data is important to us. We have technical and organisational security measures in place to safeguard your personal data. When using external service providers, we require that they adhere to security standards mandated by Bonjour. We may do this through contractual provisions. Regardless of where personal data is transferred, we shall take all steps reasonably necessary to ensure that your personal data is kept securely.
However, you should be aware that methods of transmission over the Internet or methods of electronic storage is not 100% secure. Therefore, while we strive to protect your personal data against all possible unauthorized access, we are unable to guarantee its absolute security.
You should safeguard your unique password, if any, by keeping it secret and confidential and never share these details with anyone.
We may use third party payment gateway service providers to facilitate electronic transactions, if necessary. You shall take note of the privacy notice prepared by the third party payment gateway service provider before completing your transaction. In view that the web browser and third-party payment gateway are not within the control of Bonjour, Bonjour will not be held liable for any loss, damage, cost and expenses arising from your use of the web browser and/or third- party payment gateway.
All requests regarding correction of your personal information should be made in writing to: The Information Security Officer Bonjour Technology Sdn Bhd
We reserve the right to update, revise, vary, modify, delete and/or amend this Notice at any time as we deem necessary. We shall notify you if we make any changes to the Privacy Notice and give you the opportunity to review the revised Privacy Notice before you choose to continue using our products, services and/or website. A copy of the latest revised Privacy Notice will be posted on our website at https://www.bigbrainbank.org and/or other places we deem appropriate.
Last updated: November 2019
For the purposes of this terms and conditions, Bonjour Technology Sdn Bhd, its subsidiaries and/ or affiliates shall hereinafter collectively referred to as “Bonjour”, “we”, “us” or “our”. Your access to https://www.bigbrainbank.org (“the Website”) is subject to the following terms and conditions (this "Terms and Conditions") as well as all applicable laws, rules, regulations, codes, guidelines and/or policies.
By accessing and using the Website, you accept and agree to the Terms and Conditions withoutlimitation or qualification and acknowledge that any other agreements you may have withBonjour are superseded by this Terms and Conditions, to the extent if any conflict exists.
Bonjour may at any time revise this Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page regularly to review the current Terms and Conditions from time to time.
Bonjour reserve the right, without notice and for any reason, to remove any content on thisWebsite and to deny access of any user or users to all or any part of this Website.
Usage of the Website
Unless otherwise specifically indicated, you may download material displayed on the Website for personal, non-commercial use only and you may not distribute, modify, transmit, use or reuse any of the contents of the Website for any public or commercial purpose without the written consent of Bonjour or any third party duly authorised by Bonjour. You must retain all copyright and other proprietary notices on downloaded and/or copied material from the Website. Any copy of material from the Website you make and distribute for any purpose must also include this Terms and Conditions.
You may not access or use the Website in any way that could or is intended to damage or impair the Website and/or Bonjour, or any server or network underlying the Website, or interfere with the usage of the Website by other persons.
Copyrights and Other Rights
You should assume that everything on the Website is copyrighted and/or trademarked unless otherwise noted, and that it must not be used except as provided in this Terms and Conditionsor with the express written consent of Bonjour or any third party duly authorised by Bonjour. Bonjour neither warrants or represents that your usage of the material displayed on the Website will not infringe the rights of any third party(ies). Any information, analysis, write up, product, service, program or technology described on the Website may be the subject of other intellectual property rights (including but not limited to copyright, trademark or patent rights)owned by Bonjour. Any such right that is not expressly licensed herein is reserved by Bonjour.
Images of people or places displayed on the Website are either the property of, or used with permission by Bonjour. Use of these images by you or any other third party(ies) is strictlyprohibited unless expressly permitted in this Terms and Conditions or elsewhere on the Website. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws, rules, regulations, codes, guidelines and statutes.
Any product, service, program or technology described in any document published by Bonjour on this site may be the subject of other intellectual property rights owned by Bonjour. Any such right that is not expressly licensed hereunder is reserved by Bonjour.
Apart from your personal information (which is addressed in the Privacy Notice), any information, communication or material you send to the Website, electronically or otherwise, including but not limited to data, questions, comments, suggestions or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Website may be used by Bonjour for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast and posting.
By submitting information and/or material to the Website, you irrevocably and unconditionallytransfer and assign to Bonjour, and forever waive and agree never to assert, any copyrights, "moral" rights, rights of publicity or to privacy or other intellectual-property or proprietary rights that you may have in such material. Bonjour is free to use, without obligation of any kind, any ideas, concepts, techniques, know-how or any other information contained in anycommunication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.
By using this Website, you may submit, or Bonjour may gather, certain limited information about you and your usage of the Website. Subject to the terms of the Privacy Notice, Bonjour is free to use such information for any purpose it deems appropriate.
The trademarks, logos and service marks (collectively known as the "Trademarks") displayed on the Website are registered and unregistered Trademarks of Bonjour and others, in Malaysia and/or other countries. Nothing contained on the Website should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on theWebsite without the written permission of Bonjour or any such third party that may own the Trademark. Misuse of any Trademark or any other content displayed on the Website is strictlyprohibited.
No Warranties and Limitation of Liability
To the maximum extent permissible by applicable law, Bonjour disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. There is no warranty that any information or service provided or referenced by this Website is either accurate, that such information or service will fulfil any of your particular purposes or needs, or that such information or service does not infringe on any third-party rights. Except for any express warranties stated on this Website, if any, the information and services provided or referenced on this Website are provided “as is”, “as available”, and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort are with the user.
While Bonjour may use reasonable efforts to include accurate and up-to-date information on the Website, Bonjour makes no warranties or representations as to its accuracy, timeliness or completeness. Bonjour may periodically add, change or improve any of the information, products, services, programs and technology described on the Website with notice. Bonjour assumes no liability or responsibility for any errors or omissions in the content of the Website.
Your use of the Website is at your own risk. To the maximum extent allowed by law, neither Bonjour nor any other parties involved in creating, producing or delivering the Website is liable for any direct, indirect, incidental, consequential or punitive damages, however caused, arising out of your access to, use of, or reliance on the Website, even if Bonjour has been advised of the possibility of such damages. For example, Bonjour assumes no responsibility for and will not be liable for any damages to or any viruses which may affect your computer equipment orother property on account of your access to, use of, or downloading from, the Website.
You hereby irrevocably agree to indemnify and keep Boujour indemnified from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by Bonjour in connection with or arising from:
Your use or misuse of this Website and the services and/or products provided herein; or
Your breach of this Terms and Conditions howsoever occasioned; or
Any intellectual property right or proprietary right infringement claim by a third party against Bonjour with your usage of the Website.
Your usage of the Website, or certain features or information provided through the Website, may be subject to additional agreements apart from this Terms and Conditions.
Most of the information on the Website applies internationally, but a significant amount ofinformation applies only to certain countries or regions. Although Bonjour tries to mark all country and region-specific information with a country indication, it does not warrant or represent that all information without indication applies internationally. You should check the applicability of any information on this website to you or your organization.
Bonjour may provide you with new or additional products and/or services associated with your usage of the Website from time to time, and these new products and/or services will be governed by the terms and conditions herein or as amended from time to time for the respective services.
This Terms and Conditions will be governed by and construed under the laws of the Malaysia. Each party accessing this Website hereby submits to the exclusive jurisdiction of the courts of Malaysia and waives any jurisdictional, venue or inconvenient forum objections to such courts.
Any failure by Bonjour to enforce any of its rights under this Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, you, Bonjour and the court shall endeavour to give effect to the intent reflected in that provision and the remaining Terms and Conditions provisions shall retain their full force and effect.
You agree to follow any applicable laws in your usage of the Website. You will abide by theselaws and regulations as applicable and will not transfer, directly or indirectly, by electronictransmission or otherwise, any content or software from the Website to or from any countries or foreign nationals in violation of such laws or regulations.
Please also read over the Bonjour Privacy Notice, which are part of this Terms and Conditionsand which you shall accept before your usage of the Website.
Bonjour may amend this Terms and Conditions from time to time by publishing a notice of the change(s) and posting an updated version on the Website and/or by providing you notice ofamendments when you log into the Website. The change(s) shall take effect on the date of publishing such notice and posting an updated version of this Terms and Conditions on the Website or when you logging on the Website, whichever is earlier.
Online Usage Agreement for Members
PLEASE READ THIS TERMS & CONDITIONS CAREFULLY AND IN ITS ENTIRELY IF YOU WISH TO BECOME A MEMBER AND BEFORE ACCESSING OR USING THE WEBSITE.
ACKNOWLEDGEMENT AND ACCEPTANCE USAGE AGREEMENT
You agree and understand that certain features of the BigBrainBank may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms shall constitute a breach of this Agreement. This Agreement expressly supersedes prior agreements with you. With the exception of the mutual obligation to arbitrate disputes, we reserve the right to modify or amend any other terms of this Agreement from time to time without notice; your continued use of the Application following the posting of changes to the terms shall constitute your acceptance of such changes. You are responsible for regularly reviewing this Agreement. Continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. BigBrainBank does not and will not assume any obligation to notify you of any changes to this Agreement, or the creation or modification of any additional terms.
1. THE USAGE
Grant of Access and Use. Subject to your compliance with the terms and conditions of this Agreement, BigBrainBank grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable right to access and use: (i) the Usage, including access to and use of the Website; and (ii) access and use ant content, information and related materials that may be made available through the Usage, in each case solely in connection with your use of the Usage. Minors or people below 18 years old are not allowed to use this Website. Any rights not expressly granted herein are reserved by BigBrainBank and BigBrainBank’s licensors.
Accounts. In order to use most aspects of the Usage, you must register for and maintain an active Account with BigBrainBank. Account registration requires you to submit to BigBrainBank certain personal information, such as your full name, home address, email address and phone number, as well as valid photos of your identification card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result it your inability to access and use of the Website, or BigBrainBank’s termination of this Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BigBrainBank in writing, you may only take one Account.
Account Requirements and Conduct. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Website and you may only use the Website for lawful purposes. You will not in your use of the Website cause nuisance, annoyance or inconvenience. In certain instances you may be asked to provide proof of identity to access or use the Website, and you agree that you may be denied access to or use of the Website if you refuse to provide proof of identity.
Restrictions. You may not : (i) remove any copyright, trademark or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivate works based upon, distribute, license, lease, sell, resell. Transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Website except as expressly permitted by BigBrainBank; (iii) decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law, or in any way may cause harm to the Website, or to any person or business entity; (iv) attempt to gain unauthorized access to or impair any aspect of the Website or related systems or networks; (v) use this Website to engage in any advertising or marketing; or (vi) publicly performing and/ or showing any Website material to unrelated person. Certain areas of this Website are restricted from being access publicly and this restriction only accessible by the registered accounts. Any user ID and password you may have for this Website are confidential and you must main confidentiality as well.
2. INTELLECTUAL PROPERTY OWNERSHIP
Member acknowledges that all the intellectual property rights in the BigBrainBank Website, the usage and any information generated or submitted to BigBrainBank while performing are owned by BigBrainBank or BigBrainBank’s licensors or suppliers. Member shall not obtain, by this Agreement, any right, title or interest in the trademarks of BigBrainBank or BigBrainBank’s licensors, affiliates or suppliers, nor shall this Agreement give member the right to use, refer to, or incorporate in marketing or other materials the name, logos, trademarks or copyrights of BigBrainBank. Member agrees not to reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the BigBrainBank IP, or rent, lease, loan or sell access to the BigBrainBank IP.
Definition of Confidential Information. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information shall not include any information that (a) is or becomes generally known to the Receiving Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party without access to, or used of, the Disclosing Party’s Confidential Information.
Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) and shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and the Receiving Party shall only disclose the Confidential Information of the Disclosing Party to those of the Receiving Party’s employees, contractors and agents who need such access to perform obligations or exercise rights under this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Compelled Disclosure. The Receiving Party may disclosure Confidential Information of the Disclosing Party to the extent such disclosure is compelled by law, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
4. LIMITATION OF LIABILITY
IN NO EVENT SHALL BIGBRAINBANK, NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, SHALL BE HELD LIABLE FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE WHETHER SUCH LIABILITY IS UNDER CONTRACT. BIGBRAINBANK INCLUDING ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE.
This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without BigBrainBank’s express prior written consent. Any attempted assignment, delegation or transfer in violation of the foregoing will be null and void. BigBrainBank may assign this Agreement or any of its rights under this Agreement to any third party with or without your written consent.
This Website is provided as is with all faults, and BigBrainBank express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
You hereby indemnify to the fullest extent BigBrainBank from and against any and/ or all liabilities, costs, demands, cause of action, damages and expenses arising in any way related to your breach of the provisions of these Terms.
8. ENTIRE AGREEMENT