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.
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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. Where you are located outside of Malaysia, your personal data will be processed in accordance with the applicable data protection laws in your jurisdiction. Collectively, these are referred to in this Privacy Policy as “Applicable Data Protection Laws.”
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, in compliance with the Applicable Data Protection Laws.
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, and any other sensitive personal data as defined under the Applicable Data Protection Laws, including biometric data and any other category prescribed by law.
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, provided always that such processing shall be in compliance with the Applicable Data Protection Laws, including the need for explicit consent where required.
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, and such transfer shall only take place where the destination country has been specified or approved under the Applicable Data Protection Laws, or where adequate safeguards are in place.
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. You also acknowledge that failure to provide complete and accurate personal data, or to update such data when changes occur, may affect our ability to provide the Services, and may result in non-compliance with legal or regulatory requirements under the Applicable Data Protection Laws.
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.
(d) Right to withdraw consent: You may at any time withdraw the consent that you have provided to us for the processing of your personal data. However, please note that withdrawal of consent may affect our ability to continue providing you with the Services.
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(e) Right to data portability: Subject to the requirements under the Applicable Data Protection Laws, you are entitled to request that we provide you with your personal data in a structured, commonly used and machine-readable format, and to transmit such data to another data controller where technically feasible.
(f) Right to erasure: Subject to Applicable Data Protection Laws, you are entitled to request the deletion or removal of your personal data when it is no longer necessary for the purposes for which it was collected, when you withdraw consent, or where the continued processing is unlawful. We will take reasonable steps to comply with such requests, unless retention is required or permitted by law.
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(g) Right to be informed of a data breach: In the event of a personal data breach that is likely to result in harm, we will notify you and the relevant authority as soon as practicable and in any event, within the time period prescribed by law.
(h) Right to opt-out of marketing communications: You may at any time request that we stop sending you marketing or promotional messages. Such communications will only be sent where you have provided your consent. You can opt out by using the “unsubscribe” option in the communication or by contacting us directly.
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, and you understand that certain processing of sensitive personal data requires your explicit consent under the Applicable Data Protection Laws.
(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) Disclaimer of Liability
To the fullest extent permitted by law, HealthMetrics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, fees, costs, or expenses suffered by any party arising from or in connection with:
1. your acceptance or non-acceptance of this Privacy Policy;
2. any failure by the Subscriber and/or Healthcare Provider to comply with applicable laws and regulations;
3. your breach of the terms of this Privacy Policy; or
4. your exercise of certain rights under Clause 9(c) (limiting processing) or Clause 9(d) (withdrawing consent), which may result in our inability to continue providing the Services.
(b) Indemnity
You agree to indemnify, defend, and hold harmless HealthMetrics, its shareholders, subsidiaries, affiliates, directors, officers, employees, agents, and third-party service providers from and against any claims, actions, proceedings, liabilities, damages, penalties, fines, costs, or expenses (including reasonable legal fees) arising from:
1. your violation or breach of this Privacy Policy; or
2.your refusal to consent to Updates, where such refusal prevents us from providing the Services.
(c) Security Obligation
Nothing in this Privacy Policy shall exclude or limit HealthMetrics’ obligations to implement appropriate technical and organisational measures to safeguard your personal data against loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction, in compliance with the Applicable Data Protection Laws.
Data Retention
We will retain your personal data for as long as necessary to fulfil the purposes for which it was collected, or as required or permitted by applicable laws. Once it is no longer required, we will take reasonable steps to ensure that the personal data is permanently deleted or anonymised in a secure manner.
Research and Analytics
We may use your personal data in an aggregated and anonymised form (so that you are not identifiable) for research, statistical, and analytical purposes. Such data will not identify you as an individual and will not contain personally identifiable information. These insights may be used to improve our services, enhance healthcare outcomes, and support product development, but will always be handled in compliance with the Applicable Data Protection Laws.
Contact Information
If you have any questions or concerns about the terms or any issues arising herein, please contact us at:
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(a) Malaysia: +6016-699 9464 or privacy@healthmetrics.com;
(b) Singapore: +65-31351229 or privacy@healthmetrics.com;
(c) Indonesia: +62 21 2927 9600 or marketing@acrossasiaassist.co.id
You may also contact our appointed Data Protection Officer (DPO) at dpo@healthmetrics.com for any matters specifically relating to your personal data and your rights under the Applicable Data Protection Laws.
Language
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.