You understand, acknowledge, represent, warrant and/or consent to the following:
(1) 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.
(3) 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.
(4) 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;
(5) 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.
(6) 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 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 or council or association legally authorised by law.
(7) 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.
(8) 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.
(9) Undertakings, Representations and Warranties You understand, represent, warrant and/or undertake the following:
(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;
(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 (if applicable).
(10) 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), our failure, disability, suspension and/or cessation of our performance of the Service.
(b) You shall indemnify, defend and hold HealthMetrics harmless, 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. (11) If you have any questions or concerns about the terms or any issues arises herein, please contacts us at:
(a) Malaysia: +603-7661 6229 or [email protected];
(b) Singapore: +65-31351229 or [email protected];
(c) Indonesia +62 21 2927 9600 or [email protected]