Privacy Policy Last Updated Date: 5 January 2025

Personal Data Protection Act

Welcome to the Tuabay, managed by Tuabay Technology and its affiliates (individually and collectively, “Tuabay”, “we”, “us” or “our”). Tuabay takes its responsibilities under applicable privacy laws and regulations (“Privacy Laws”) seriously and is committed to respecting the privacy rights and concerns of all Users of our Tuabay Platform (collectively, the “Services”), which Services are accessible though www.TUABAY.com and/or its sub-domain through mobile application and web application which TUABAY makes the Services available. We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. Please read this Privacy Policy carefully. If you have any questions regarding this information or our privacy practices, please contact us.

1. General
   1. “Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data could include names, addresses, identity card numbers, passport numbers, contact information such as telephone and/or facsimile numbers, photographs, finger prints, and email and/or social media addresses.
   2. By using the Services, registering for an account with us, visiting our website, purchasing the Services or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE. If we update our Privacy Policy, we will post the changes on our website. We reserve the right to amend this Privacy Policy at any time without prior notice.
   3. Processing in relation to personal data means collecting, recording, sharing, holding or storing the personal data or carrying out any operations or set of operations on the personal data.
   4. Sensitive personal data means any personal information consisting of information including but not limited to the physical or mental health or condition of an individual, his or her political opinions, his or her religious beliefs or other beliefs of a similar nature, the commission or alleged commission by him or her of any offense or any other personal data.
2. When will TUABAY Collect Personal Data?
   1. We will/may collect personal data about you:
      1. when you register and/or use our Services or Site, become our customer, or open an account with us;
      2. when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;
      3. when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
      4. when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails;
      5. when you use our electronic services, or interact with us via our mobile application or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our software, services, application or website;
      6. when you carry out transactions through our Services;
      7. when you provide us with feedback or complaints;
      8. when you register for a contest; or
      9. when you submit your personal data to us for any reason.
   2. The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.
   3. When you visit, use or interact with our website, application, software or services, we may collect certain information by automated or passive means using a variety of technologies, which technologies may be downloaded to your device and may set or modify settings on your device. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), and the pages you visit on our website, software, applications, services and the times of visit. We may collect, use disclose and/or process this information only for the Purposes (defined below).
   4. Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc.. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device’s location services, please contact your mobile device service provider or the device manufacturer.
3. What Personal Data TUABAY collect?
   1. The personal data that TUABAY may collect includes but is not limited to:
      1. name;
      2. email address;
      3. date of birth;
      4. billing address;
      5. delivery address;
      6. identity number;
      7. passport number;
      8. bank account and payment information;
      9. telephone number;
      10. Employee ID of the company you works with
      11. race;
      12. ethnicity;
      13. gender;
      14. spouse and family information;
      15. any other information about the User when the User signs up to use our Services or website, and when the User uses the Services or website, as well as information related to how the User uses our Services or website; and
      16. aggregate data on content the User engages with.
   2. If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying us in writing. Note, however, that opting out of us collecting your personal data or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services.
4. How do we use the Information you provide us?
   1. We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
      1. to consider and/or process your application/transaction with us, or your transactions or communications with third parties via the Services;
      2. With participating merchants for which you have joined as well as with the partners of the merchant who they have partnership with.
      3. to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us;
      4. to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences;
      5. to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
      6. to respond to, process, deal with or complete a transaction and/or to fulfill your requests for certain products and services and notify you of service issues and unusual account actions;
      7. to enforce our Terms of Service or any applicable end user license agreements;
      8. to protect personal safety and the rights, property or safety of others;
      9. for identification and/or verification;
      10. to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
      11. to deal with or facilitate customer service, carry out your instructions, Deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;
      12. to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
      13. to inform you when another User has sent you a private message or posted a comment for you on the Site;
      14. to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyze how you use our Services, to improve our Services or products and/or to enhance your customer experience;
      15. to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with TUABAY’s Services;
      16. for marketing and in this regard, to send you by various modes of communication such as postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom TUABAY may collaborate or tie up with) that TUABAY (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future. If you are in Malaysia, In the case of the sending of marketing or promotional information to you by voice call, SMS/MMS or fax to your Malaysia facsimile number, we will not do so unless we have complied with the requirements of Malaysia’s Privacy Laws in relation to use of such latter modes of communication in sending you marketing information or you have expressly consented to the same;
      17. to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on TUABAY or on its related corporations or affiliates;
      18. to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
      19. to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
      20. to audit our Services or TUABAY’s business;
      21. to prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;
      22. to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
      23. to Deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves Tuabay as a participant or involves only a related corporation or affiliate of Tuabay as a participant or involves Tuabay and/or any one or more of Tuabay’s related corporations or affiliates as participant(s), and there may be other third party organizations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organization or a portion of an organization or of any of the business or assets of an organization; and/or
      24. any other purposes which we notify you of at the time of obtaining your consent. (collectively, the “Purposes”).
   2. As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.
5. Sharing of Personal Information
   1. Our Services enable Users to share personal information with another user, in almost all occasions without involvement of Tuabay, to complete transactions or participating in another User’s program in any form. In a typical transaction, Users may have access but not limited to another user’s name, user ID, email address and other contact and postage information stated under personal information we may collected.
   2. Users in possession of another User’s personal data (the “Receiving Party”) must
      1. comply with all applicable Privacy Laws; 
      2. allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and 
      3. allow the Disclosing Party to review what information have been collected about them by the Receiving Party.
6. Disclosure of Personal Data
   1. In conducting our business, we will/may need to disclose your personal data to our third party service providers, participating merchant, agents and/or our affiliates or related corporations, and/or other third parties, whether sited in Malaysia or outside of Malaysia, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, without limitation:
      1. our subsidiaries, affiliates, participating merchant and related corporations;
      2. contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centers;
      3. a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Tuabay’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Tuabay about our Service Users is among the assets transferred; or to a counterpart in a business asset transaction that Tuabay or any of its affiliates or related corporations is involved in; and
      4. third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes
   2. This may require, among other things, share statistical and demographic information about our Users and their use of the Services with suppliers of advertisements and programming. This would not include anything that could be used to identify you specifically or to discover individual information about you.
   3. For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.
   4. Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however there can inevitably be no guarantee of absolute security such as but not limited to when unauthorized disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.
7. Notice and Choice
   1. TUABAY would like to notify that it is obligatory for you to supply the personal data in order for us to provide you with services under TUABAY’s business which includes any matters relating to the supply or exchange of goods or services, to process your application or registration under any TUABAY’s program, and to process your application in relation to employment application under TUABAY. TUABAY will not be able to provide you with adequate services if you fail to supply the personal data.
   2. Where sensitive personal data is provided, and disclosed by you to TUABAY, by such disclosure, you have consented to its collection, and processing by TUABAY.
   3. You hereby represent that if at any time you have provided, and disclosed to TUABAY personal data about other individuals, you are authorized to do so, and are aware that TUABAY may use, and/or process such personal data for the relevant purposes as set out in “Section 4: How do we use the Information you provide us”  above.
   4. You may by notice in writing to TUABAY withdraw your consent to or limit the processing of personal data in respect of which you are the Data Subject. TUABAY shall upon receiving the written notice cease or limit the processing of the personal data accordingly. Please refer to the “Access” section below for the communication methods available.
8. Data Security
   1. TUABAY take appropriate measures to protect the personal data from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction when processing personal data.
9. Data Retention
   1. TUABAY retains personal data for as long as necessary for its legitimate business purposes, and as otherwise permitted by applicable law.
10. Data Integrity
    1. Personal data supplied by you to TUABAY shall be accurate, complete, and not misleading.
    2. You shall by notice in writing to TUABAY and inform TUABAY of any changes to the personal data supplied by you to TUABAY to ensure the personal data is kept up-to-date. Please refer to the “Access” section below for the communication methods available.
11. Access, Update and Delete
    
    1. You have the right to request access to your personal data processed by Tuabay, and be able to update or perform a request to delete your personal data and account. To access or update your data, you may login to your account. To request deletion of account, your must send your request to Tuabay by opening a new support ticket at HELP CENTER