Privacy Policy - The LOA Centre (M) Sdn Bhd

This Privacy Policy describes how The LOA Centre (M) Sdn Bhd (together with its affiliated companies – “The Centre”, “we”, “our” or “us”) collects, stores, uses and discloses the following categories of personal data:

Specifically, this Privacy Policy describes our practices regarding –

  1. Data Collection & Processing
  2. Data Uses & Legal Bases
  3. Data Location and Retention
  4. Data Disclosure
  5. Cookies and Tracking Technologies
  6. Communications
  7. Data Security
  8. Data Subject Rights
  9. Data Controller/Processor
  10. Additional Notices

If you are a Customer, User or Prospect, please read this Privacy Policy carefully and make sure that you fully understand it. You are not legally required to provide us with any of your personal data, and may do so (or avoid doing so) at your own free will. If you do not wish to provide us with your personal data, or to have it processed by us or any of our services, please kindly reframe from visiting or interacting with our Sites, nor use our Services. You may also choose not to provide us with “optional” personal data (i.e. “not required” fields on forms), but please keep in mind that without it we may not be able to provide you with the full range of our Services or with the best user experience when using our Services. Any capitalized but undefined term in this Privacy Policy shall have the meaning given to it in our Terms of Services (“Terms”).

1.0 Data Collection & Processing

When we use the term “personal data” in this Privacy Policy, it is defined as the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or anonymized information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.
We collect or generate the following categories of personal data in relation to the Services:

2.0 Data Uses & Legal Bases

We use personal data as necessary for the performance of our Services (“Performance of Contract”); to comply with our legal and contractual obligations (“Legal Obligations”); and to support our legitimate interests in maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services to you and others; providing customer services and technical support; and protecting and securing our Users, Customers, Prospects, ourselves and our Services (“Legitimate Interests”).
If you reside or are using the Services in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for processing personal data as described in this Privacy Policy (either in general, based on the types of personal data you expect or elect to process or have processed by us or via the Services, or due to the nature of such processing) (“Consent”), your acceptance of our Terms and of this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Privacy Policy, unless applicable law requires a different form of consent. If you wish to revoke such consent, please contact us at privacy@theloacentre.com.
Specifically, we use personal data for the following purposes (and in reliance on the legal bases for processing noted next to them, as appropriate):

Customer and User Personal Data

Customer, User and Prospect personal data

With respect to personal data we obtain from Google OAuth API Scopes, used in our integration with certain Google Services (“Integrated Google Services”), our use of such personal data and data aggregated, anonymized, or derived therefrom (“Restricted personal data”), is limited to the following purposes, in adherence with the Limited Use requirements as detailed in Google API Services Data Policy (version of September 3, 2020):

3.0 Data Location & Retention

Data Location: We and our authorized Service Providers (defined below) maintain, store and process personal data as reasonably necessary for the proper performance and delivery of our Services, or as may be required by applicable law. While privacy laws vary between jurisdictions, The Centre, its affiliates and Service Providers are each committed to protect personal data in accordance with this Privacy Policy, customary and reasonable industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred. Notwithstanding the foregoing, where The Centre processes personal data on behalf of a Customer, such personal data (i.e. Customer Data) may only be processed in the locations as permitted in our Data Processing Addendum and other commercial agreements with such Customer (as further described in Section 9 below).

Data Retention: We may retain your personal data for as long as it is reasonably needed in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy and at our reasonable discretion. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of such data, the potential risk of harm from unauthorized use or disclosure of such data, the purposes for which we process it, and the applicable legal requirements. If you have any questions about our data retention policy, please contact us by email at privacy@theloacentre.com.

4.0 Data Disclosure

We may disclose personal data in the following instances:

Service Providers: We engage selected third-party companies and individuals as “Service Providers”, to perform services on our behalf or complementary to our own. These include providers of Third Party Services (as defined in the Terms), such as: hosting and server colocation services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection, investigation and prevention services, web and mobile analytics, email and communication distribution and monitoring services, session or activity recording services, call recording, analytics and transcription services, event production and hosting services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content, lead generating and data enrichment providers, email, voicemails, video conferencing solutions, support and customer relation management systems, third-party customer support providers, and our legal, compliance and financial advisors and auditors.
Our Service Providers may have access to personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services or other activities, and may only use the data as determined in our agreements with them.

Partnerships: We engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our prospective and existing Customers and Users. In such instances, we may share relevant contact, business and usage details with the respective Partner, to allow them to engage with those Customers and Users for such purposes. If you directly engage with any of our Partners, please note that any aspect of that engagement which is not directly related to the Services and directed by The Centre is beyond the scope of The Centre’s Terms and Privacy Policy, and may therefore be governed by the Partner’s terms and privacy policy.

Application Providers and Event Sponsors: If so instructed or permitted by you or your Account Admin, we may share your personal data (such as your User Profile and contact details, as well as relevant usage data) with the provider(s) of any 3rd party applications or integrations added to your Account. Similarly, if you register to any event that we host, organize or sponsor, then with your permission we may share your registration details with others, including the hosts, organizers, speakers, services providers and sponsors of that event, so that they may contact you with relevant information and offers, or to fulfil any promotions related to the event.

Customers and other Users: Your personal data may be shared with the Customer owning the Account to which you are subscribed as a User (including data and communications concerning your User Profile), as well as other Users of that Account. Your personal data and activity within the Services may also be monitored, processed and analysed by the Account Admin. This includes instances where you contact us for help in resolving an issue specific to a team of which you are a member (and which is managed by the same Customer. Please note that The Centre is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of the Customer, that itself acts as the “Data Controller” of such data (as further described in Section 9 below). If you register or access the Services using an email address at a domain that is owned by your employer or organization (our Customer), and another team within such Customer’s organization wishes to establish an account on the Services, certain information about you including your name, profile picture, contact info and general use of your Account will become accessible to the Account Admin and Users.

Services integrations: You or your Account Admin may choose to integrate your Account on the Services with a third-party Services (provided that such integration is supported by our Services). The provider of this integrated third-party Services may receive certain relevant data about or from your Account on the Services, or share certain relevant data from the account on the third-party provider’s Services with our Services, depending on the nature and purpose of such integration. Note that we do not receive or store your passwords for any of these thirdparty Services (but do typically require your API key in order to integrate with them). If you do not wish your data to be shared with such third-party Services(s), please contact your Account Admin.

Feedback or Recommendations: If you submit a public review or feedback, note that we may (at our discretion) store and present your review publicly, on our Sites and Services. If you wish to remove your public review, please contact us at support@theloacentre.com. If you choose to send others an email or message inviting them to use the Services, we may use the contact information you provide us to automatically send such invitation email or message on your behalf. Your name and email address may be included in the invitation email or message.

Community Forum: Our Sites include public blogs or forums, such as The RESET Community and Happiness Circle. We also manage and participate in various social channels and communities on other platforms. Any information you submit on these forums, blogs and communities – including profile information associated with the User Profile you use to post the information – may be read, collected, and used by others who access these Sites. Due to the nature of such public forums, your posts and certain profile information may remain visible to all even after you terminate your User Profile. To request removal of your information from publicly accessible Sites operated by us, please contact us as provided in Section 10 below and note the Sites from which you would like your information to be removed. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.

Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of our products and Services.

Protecting Rights and Safety: We may share your personal data with others if we believe in good faith that this will help protect the rights, property or safety of The Centre, any of our Users or Customers, or any members of the general public.

The Centre Subsidiaries: We share personal data internally within our group of companies, for the purposes described in this Privacy Policy. In addition, should The Centre or any of its subsidiaries undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your personal data may be shared with the parties involved in such an event. If we believe that such change in control might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via email or prominent notice on our Services.

For the avoidance of doubt, The Centre may share your personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous.

5.0 Cookies and Tracking Technologies

Our Sites and Services (including some of our Services Providers) utilize “cookies”, anonymous identifiers, pixels, container tags and other technologies in order for us to provide and monitor our Services and Sites, to ensure that they perform properly, to analyse our performance and marketing activities, and to personalize your experience. Such cookies and similar files or tags may also be temporarily placed on your device. Certain cookies and other technologies serve to recall personal data, such as an IP address, as indicated by a Prospect or User. To learn more about our practices concerning cookies and tracking, please see our Cookie Policy. You may also use the “Cookie settings” feature available in our Services depending on your location and activity on our Services, as applicable.
Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, however, most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or to block or remove cookies altogether.

6.0 Communications

We engage in Services and promotional communications, through email, phone, and notifications.

Services Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. You can control your communications and notifications settings from your User Profile settings, or otherwise in accordance with the instructions that may be included in the communications sent to you. However, please note that you will not be able to opt-out of receiving certain Services communications which are integral to your use (like password resets or billing notices).

Promotional Communications: We may also notify you about new features, additional offerings, events and special opportunities or any other information we think you will find valuable, as our Customer, User or Prospect. We may provide such notices through any of the contact means available to us (e.g.email), through the Services, or through our marketing campaigns on any other sites or platforms. If you do not wish to receive such promotional communications, you may notify The Centre at any time by sending an email to privacy@theloacentre.com, changing your communications preferences in your User Profile settings, or by following the “unsubscribe”, “stop”, “opt-out” or “change email preferences” instructions contained in the promotional communications you receive.

7.0 Data Security

In order to protect your personal data held with us, we use industry-standard physical, procedural and technical security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any personal data stored with us or with any third parties as described in Section 4 above. To learn more, please visit our Trust Center.

8.0 Data Subject Rights

If you wish to exercise your privacy rights under applicable law such as (each to the extent applicable to you under the laws which apply to you) – the right to know/request access to (specific pieces of personal data collected; categories of personal data collected; categories of sources from whom the personal data was collected; purpose of collecting personal data; categories of third parties with whom we have shared personal data), to request rectification or erasure of your personal data held with The Centre or to restrict or object to such personal data’s processing (including the right to direct us not to sell your personal data to third parties now or in the future), or to obtain a copy or port such personal data, or the right to equal Services and prices (e.g. freedom from discrimination) – please contact us by email at support@theloacentre.com.
Please note that when you ask us to exercise any of your rights under this Privacy Policy or applicable law, we may instruct you on how to fulfil your request independently through your User Profile settings; refer you to your Account Admin; or require additional information and documents, including certain personal data and credentials in order to process your request in a proper manner (e.g. in order to authenticate and validate your identity so that we know which data in our systems relates to you, and where necessary, to better understand the nature and scope of your request). Such additional information will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request, and of how each request was handled), in accordance with Section 3 above.
We may redact from the data which we make available to you, any personal or confidential data related to others.

9.0 Data Controller / Processor

Certain data protection laws and regulations, typically distinguish between two main roles for parties processing personal data: the “data controller” (“business”), who determines the purposes and means of processing; and the “data processor” (“Services provider”), who processes such data on behalf of the data controller (or business). Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
The LOA Centre (M) Sdn Bhd is the “data controller” of its Prospects’, Users’ and Customers’ personal data, as detailed in Section 1 above. Accordingly, we assume the responsibilities of a data controller (solely to the extent applicable under law), as set forth in this Privacy Policy.
The Centre is the “data processor” of personal data contained in Customer Data, as submitted by our Customers and their Users to their Accounts, items and docs. We process such data on behalf of our Customer (who is the “data controller” of such data) and in accordance with its reasonable instructions, subject to our Terms, our Data Processing Addendum (to the extent applicable) and other commercial agreements with such Customer. Our Customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on the Customer’s behalf or at their request, as well as all individuals whose personal data may be included in Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, use or other processing of data through our Services are fully met by the Customer. Our Customers are also responsible for handling data subject rights requests under applicable law, by their Users and other individuals whose data they process through the Services.
If you would like to make any requests or queries regarding personal data we process as a data processor on our Customer’s behalf, including accessing, correcting or deleting your data, please contact the Customer’s Account Admin directly.

10.0 Additional Notices

Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is published. When we make material changes to this Privacy Policy, we will give notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending an email. Your continued use of the Services after the changes have been implemented will constitute your acceptance of the changes.

Third Party Websites and Services: Our Services includes links to third party websites and services, and integrations with Third Party Services (as defined in the Terms). Such websites, services and Third-Party Services, and any information you process, submit, transmit or otherwise use with or to such websites, services and Third-Party Services, are governed by such third party’s terms and privacy practices and policies, and not by this Privacy Policy. We encourage you to carefully read the terms and privacy policies of such websites, services and Third-Party Services.
Our Services is not directed to children under the age of 12: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 12 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by email at privacy@theloacentre.com.

Questions, concerns or complaints:

If you have any comments or questions regarding our privacy policy or practices, or if you have any concerns regarding your personal data held with us, or if you wish to make a complaint about how your personal data is being processed by The Centre, please contact The Centre’s support at support@theloacentre.com.