Privacy Policy

How your personal data is handled

This Privacy Policy (“Policy”) sets out how Fiveties Sdn Bhd (“FiveTies”, “we”, “us” or “our”) collect, use and protect your Personal Data which you have provided to us. By engaging us to provide our services or by accessing our portal such as www.fiveties.com or using our mobile application (collectively referred as “Portal”), you hereby consent to the processing of your Personal Data by us in the provision of our services (“our Services”). 

  1. PERSONAL DATA
    1. The personal data that you provide or have provided to us includes your name, contact details, address, email address, scanned copy of your NRIC, bank account information, video and voice recording, photographs, messages etc. (“Personal Data”). Such Personal Data includes the content that you uploaded on the Portal for the publication of the same to your nominated person(s) upon your passing (“Memories”).
    2. In addition to the Personal Data that you provide to us directly (whether when engaging us to provide our services or during any communication with us), we may also collect your Personal Data from various other sources, including without limitation, from social media, online search tools, external service providers, information obtained from third parties through lawful sources including but not limited to National Registration Department of Malaysia, or at events we have organised or participated by. 
    3. If you provide us Personal Data about another person, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:- 
      • give consent on his/her behalf to the processing of his/her Personal Data;  
      • receive on his/her behalf any data protection notices; and 
      • warrant that you have obtained his/her consent for us to store his/her Personal Data or have the right to allow us to process his/her Personal Data.
  2. PURPOSE OF PROCESSING OF PERSONAL DATA
    1. By using our Services, you hereby agree and consent to us using and processing your Personal Data provided to us, in the manner and for the purposes as described below:-
      • for the purpose of provision of our Services;
      • for us to communicate with you;
      • to manage and administer your account, including to process and fulfill your instructions with respect to your nominated person(s);
      • to identify you on our system;
      • to be used in, to provide and/or to improve our services, market surveys, processing invoices and payment and client profiling activities regarding our services; 
      • for enforcement against your obligation, including but not limited to the collection of amounts outstanding; 
      • for our internal record keeping; 
      • for internal functions such as evaluating the effectiveness of marketing, market research, statistical analysis and modeling, reporting, audit and risk management; 
      • for prevention and detection of crime (including but not limited to fraud and money laundering); 
      • to conduct client due diligence, to verify your identity, to monitor, detect and deter unauthorised or fraudulent use or abuse of our services;
      • to meet any legal or regulatory requirements relating to all the commercial transactions, our conduct of the business or activities or our provision of services, and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by laws, guideline, circular, code applicable to us or any member of our group of companies from time to time; 
      • to enable us to send you information by email, regular postal mail, telecommunication means about our services, upcoming events, promotions, advertising, marketing and commercial materials offered by us that we think may interest you; 
      • to maintain our operations or client relationship management systems; 
      • to respond to your enquiries and complaints and to resolve disputes; and 
      • for general operation and maintenance of our Services and/or Portal. 
    2. It is voluntary for you to supply your Personal Data to us. However, if you do not wish to provide your Personal Data, we may not be able to:
      • provide you the services that you require; or
      • communicate effectively with you.
    3. We may also use and process your Personal Data for other purposes such as:-
      • to send you materials such as special offers, promotions and marketing information, newsletters, articles, write-ups and other updates; and
      • to analyse traffic and click stream patterns, demographics of our users base, interests and use of the Services, for general business analytics and in order to constantly improve and maintain our Services and for developing new features and services, if any, by way of email or mail.
  3. DISCLOSURE OF PERSONAL DATA
    1. We will disclose your Memories to your nominated person(s) when we are instructed to do so through our internal process. Such internal process includes, among others, the provision of evidence showing that you have passed away such as a death certificate.
    2. Your Personal Data provided to or obtained by us shall be kept confidential by us. However, it may be necessary for us to engage third party companies, service providers or individuals to perform certain services on our behalf. In such event, you hereby agree and consent that we may disclose and transfer your Personal Data to the third parties, within or outside Malaysia, including but without limitation, as follows:-
      • any persons, government agencies, statutory authorities and/or industry regulators whom we are compelled or required to do so pursuant to any law, or if we have good faith belief that such disclosure is necessary to protect and/or defend our rights and interests or in connection with an investigation of fraud, infringement, piracy, tax avoidance and evasion or other unlawful activity;
      • any of our holding, subsidiary or related companies, including those incorporated in the future, and/or any member of our group of companies;
      • our business partners and affiliates that provide related services or products in connection with our business;
      • our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business;
      • our third party service providers, third party management companies, subcontractors or other parties as may be deemed necessary by us to facilitate your dealings with us;
      • third parties (including those overseas) who provide data processing services; and
      • any person who is under a duty of confidentiality to which he/she has undertaken to keep such data confidential which we have engaged to fulfill our obligations to you.
    3. Third parties are legally tasked with processing the Personal Data in line with the principles specified by us. Third parties are also held legally responsible for securing the Personal Data at an appropriate level of security in relation to applicable data protection laws and widely accepted industry standards.
    4. If we or our business is acquired by another entity or merged with another entity, the Personal Data may be transferred to such entity as part of the merger or acquisition.
  4. EMAIL AND PORTAL
    1. Any Personal Data contained in the emails and “Contact” messages sent via the Portal to us shall be used and processed in the manner set out in the Policy. The content of the messages shall be strictly monitored by us.
    2. If you do not wish for your Personal Data to be collected via cookies on the Portal, please configure your internet browser to delete or deactivate cookies.
    3. The Portal may contain links to other sites and pages. We shall not be responsible for any Personal Data or information that you may provide to other entity via the links.
  5. REQUEST FOR ACCESS AND INQUIRIES
    1. You may at any time hereafter request for access to, or request for rectification or correction of your Personal Data, or limit the processing of your Personal Data by us, as the case may be subject, however to the exceptions and restrictions as may be contained under the applicable law. If you wish to do so, please contact:-

      Data Protection Officer
      Tel. No.: 013-9250580
      Email: help@fiveties.com

    2. Please note that we have the right to refuse your request to access and/or make any correction to your Personal Data to the extent permitted under the applicable law. In the event of any change in your Personal Data, you are obliged to promptly contact and notify us via the contact details set out in paragraph 5.1 above.
    3. You may also contact us via the above contact details if you have any inquiries or complaints in respect of your Personal Data provided to us.
  6. MINORS
    1. The Portal and/or Services covered by this Policy are not designed for or intentionally targeted at those below 18 years old. 
  7. GENERAL
    1. We reserve the right to amend or modify the Policy from time to time.
    2. Any modification or change shall be effective upon posting by FiveTies on the Portal, and you agree to be bound to any such changes or modifications when you use the Portal after any such change is posted. 

Dated: 31 MAY 2020