PRIVACY NOTICE
IMPORTANT – PLEASE READ THESE TERMS (“PRIVACY POLICY”) CAREFULLY. THIS PRIVACY POLICY IS ISSUED TO YOU PRIOR TO YOUR REGISTRATION OF AN ACCOUNT WITH HEALTHMETRICS (AND/OR ITS AFFILIATES, COLLECTIVELY OR INDIVIDUALLY, THE "COMPANY", "WE", “OUR”, OR "US") AND USE OF HEALTHMETRICS’ SERVICE TO INFORM YOU OF YOUR RIGHTS WITH REGARD TO YOUR PERSONAL DATA. HEALTHMETRICS EXPRESSLY SEEKS YOUR AGREEMENT AND ACCEPTANCE TO THIS PRIVACY POLICY. BY CLICKING OR CHECKING “SIGN UP”, “I AGREE TO HEALTHMETRICS’ PRIVACY POLICY”, “I AGREE AND CONSENT TO THE COLLECTION, USE, DISCLOSURE, STORAGE, TRANSFER AND/OR PROCESSING OF MY PERSONAL DATA FOR THE PURPOSE STATED IN, AND UNDER THE TERMS OF THIS PRIVACY POLICY” OR SIMILAR STATEMENTS AVAILABLE AT HEALTHMETRICS REGISTRATION PAGE OR IN THE COURSE OF PROVIDING YOU WITH THE SERVICES OR ACCESS TO THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DISCLOSURE, STORAGE, TRANSFER AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.
Depending on your location, the entity controlling and processing your personal data will be HealthMetrics Sdn Bhd HealthMetrics Singapore Pte Ltd, and/or PT. AA International Indonesia.
HealthMetrics reserves the rights to make changes, variation, modification, review, addition, amendment to this Privacy Policy (“Updates”) as published from time to time on or through the HealthMetrics Platform (“Platform”). We will notify you of such Updates via the Platform and will seek your agreement and acceptance to such Updates. You will have the option to accept or to reject such Updates, however kindly note that by rejecting such Updates certain features of the Platform and Service may be limited or not be available to you.
As your acceptance to this Privacy Policy and the Updates is required to enable us to continue to grant you the rights to access and use the Platform and our provision the Service, in the event you reject such Updates, certain features of the Service may not be available to you and we may in our discretion, terminate or suspend your Platform account (“Account”) and cease providing you the Service.
All terms which are defined in this Privacy Policy shall have the meanings ascribed to them in the Terms of Use, unless otherwise specified.
You understand, acknowledge, represent, warrant and/or consent to the following:
HealthMetrics Role. We are the provider of the Service and proprietor and operator of the Platform subscribed by your employee benefits provider (the “Subscriber”), which when used collectively, enables the Subscriber to automate its management of its employee benefits management scheme online. As such, our primary role is to provide and maintain the Platform and process your personal data on behalf of the Subscriber for the purpose of the Service.
Type of Personal Data. Your “personal data” for the purpose of this Privacy Policy means any data about you through which you can be identified from the data and other information to which HealthMetrics has or is likely to have access and includes but is not limited to your name, age, identity card number or passport number, address of correspondence, office address, gender, date of birth, marital status, occupation, employer, contact information (including e-mail address, mobile number, house number, facsimile number, and office number), race, religion, nationality, payment methodology, bank account details, physical or mental health or condition.
Source of Personal Data. The sources from which we obtain your personal data includes but is not limited to you, Subscriber, third-party healthcare providers (“Healthcare Providers”) and any other regulatory or governmental entities, as the case may be. Prior to your Account registration with us, you may have also consented to the Subscriber and Healthcare Providers disclosing your personal data to us.
Processing of Personal Data. In the course of us carrying out our role, we will be required to process your personal data on the Subscriber’s behalf. You hereby consent to HealthMetrics carrying out the same;
Application. To carry out our role and responsibility of the Services, we will process the personal data for:
(a) Creation and registration of an Account with HealthMetrics, portal and/or any other channel as we deem fit, including the Platform;
(b) Performance of the Service and such other purposes and obligation;
(c) Verification and to carry out your financial transactions/dealings with us and/or third-party providers in relation to the Service;
(d) Communication with you and delivery of information by e-mail, telecommunication means, including telephone calls or text messages;
(e) Processing your enquiry, request, complaint, feedback, application or registration with us;
(f) Processing and delivering service and/or features on the Platform whether present or future; and(g) Any other purpose which we deem reasonably necessary.
International Transfer of Personal Data. Your personal data may be transferred from the country, state and city (“Home Country”) in which you are present while using our Services to another country, state and city (“Alternate Country”). When we transfer your personal data from your Home Country to the Alternate Country, we will comply with our legal and regulatory obligations in relation to your personal data, including having a lawful basis for transferring personal data and putting appropriate safeguards in place to ensure an adequate level of protection for the personal data. We will also ensure that the recipient in Alternate Country is obliged to protect your personal data at a standard of protection comparable to the protection under applicable laws.
Third Party. To carry out our role, we may disclose your personal data to the following categories of third parties:
(a) the Subscriber;
(b) associated, subsidiary, related companies of HealthMetrics;
(c) our business partners including online business affiliates, retailers, distributors, agents, merchant that provide, supply, distribute or deal in general with the service or products in connection with our business;
(d) auditors, business consultants, accountants, lawyers or other professional advisers and/or consultants as we deem necessary and appropriate;
(e) sub-contractors or third-party service or product providers as we deem necessary or appropriate, including but not limited to our appointed website/system/portal developer/administrator, payment gateway service provider, warehouse service provider and marketing companies or entities as we see fit;
(f) financial institute, credit reporting agencies and other entities of similar function; and
(g) any person to whom we are compelled to or required under law or in response to a local or state or federal authority, industry regulator, enforcement agency, statutory authority, court of law, tribunal, mediation centre, arbitration centre, commission, council, or association legally authorized by law.
Your Obligations. You shall supply your personal data in the most accurate manner and shall update us in the event there is any change to the personal data previously provided to us.
Your Rights.
(a) Right to request access to personal data: Subject to the requirements under the relevant laws and regulations, you are entitled, with reasonable notice to us, to request access to your personal data that we have processed and information about the ways in which such personal data has been or may have been used or disclosed by us within a year before the date of the request.
(b) Right to request correction of personal data: You are entitled to request / update the correction of your personal data (which is inaccurate, incomplete or out-of-date) that is held by us with reasonable notice.
(c) Rights to limit processing of your personal data. You are entitled to limit the processing of your personal data by expressly withdrawing in full, your consent given previously.
Undertakings, Representations and Warranties. You understand, represent, warrant and/or undertake the following:
(a) in the event you are a minor, you have obtained the consent of your parent or legal guardian for your entry of this Privacy Policy and that he/she is agreeable to take responsibility for your actions.
(b) this Privacy Policy is independent from and not a substitute for the Subscriber and/or Healthcare Provider’s privacy notice, policy and/or consent required under applicable law. In the event you are not agreeable/uncertain/not made aware of the same, you shall consult and approach the Subscriber and/or Healthcare Provider for further details prior to your agreement and acceptance of this Privacy Policy;
(c) that in the event we receive the personal data relating to other persons (eg. your dependents), you have obtained such person’s consent to the terms herein and you have the full power, authority, and right to obtain the same and confirm the same to us;
(d) that we are entitled to apply a range of process and means to anonymise and/or to convert your personal data made available to it into such form in which you are no longer reasonably identifiable from that anonymised data, for the purpose and usage including not limited to further research and development, statistical purposes and/or to make the anonymised data available to any party in any manner as deems fit;
(e) that your personal data and your acceptance and consent given herein is voluntarily and explicit;
(f) that in the event that you do not agree and accept the present terms, revised terms or Updates in future, we will be is unable to carry out and perform its duty and responsibilities under the Terms of Use;
(g) that your failure to comply with Clause 7 herein and/or your imposition of limitation under Clause 8(c) may result in our failure, disability, suspension and/or cessation of its performance of the Service (where applicable).
Disclaimer and Indemnification
(a) We shall not in any event be liable for any direct, indirect, incidental, special, consequential or exemplary damages, fees, costs, expenses suffered by any party howsoever resulting from, including but not limited to:(a) your agreement and/or non-agreement to the terms herein;
(b) the Subscriber and/or Healthcare Provider’s failure to comply with the applicable laws and regulations; (c) your breach of the terms herein; (d) your exercise of any right hereunder in particular Clause 8(c) and/or 9(e) resulting in our failure, disability, suspension and/or cessation of our performance of the Service.(b) You shall indemnify, defend and hold harmless HealthMetrics, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees, third party service provider from and against any claims, actions, proceedings, suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses including but not limited, incurred arising out of or relating to your non-consent of the Updates, violation or breach of the terms herein.
If you have any questions or concerns about the terms or any issues arising herein, please contacts us at:
(a) Malaysia: +603-7661 6229 or [email protected]; or
(b) Singapore: +65-31351229 or [email protected];
(c) Indonesia +62 21 2927 9600 or [email protected]
In the event of any conflict between the English and other language versions of this Privacy Policy, the English version of the same shall prevail.