Personal Data Protection Policy

Effective Date & Last Modified February 28, 2025.

This Personal Data Protection Policy explains the information that Foqcus Sdn Bhd (“Foqcus”) collects when you use its services, how that information is used, with whom it may be shared and your privacy choices when you utilise its Services.

We take your privacy seriously and we will only collect, record, hold, store, use and/or process your personal data or information as outlined below. We appreciate and thank you for your precious time in going through our Personal Data Protection Policy (to be referred as “Privacy Policy”) for a better engagement with Foqcus.

For the purpose of this Privacy Policy, the definition of some salient terms including but not limited to the following:

“Personal Data” means any personal data or information that has been provided to Foqcus or made available to Foqcus, it shall be deemed that Foqcus has been given consent to collect and process the customer’s personal data which is in the possession, control and management of the authorised entity governing the operation and management of the premises, e.g. name, identity card or passport number, address, contact number, copies and details of identification documents, contact details, bank account number, employment history, credit and references check, marital status, health status, commission or alleged commission of offence, personal financial and social security detail that relates directly or indirectly to an individual to the extent that the individual can be identified or is identifiable from such information; and
“Sensitive Personal Data” means and including but not limited to the personal data or information relating to your physical or mental health condition, political opinions, religious beliefs or other beliefs of a similar nature, commission or alleged commission of any offence or any other personal data determined by existing legislation.

The purpose of this Privacy Policy is to inform you about the processing of your personal data, which Foqcus collects when you visit our website. Foqcus is mindful and committed to the protection of your personal information and your privacy. Our Privacy Policy aligns with the legal provisions of the EU General Data Protection Regulation (GDPR) and the Personal Data Protection Act (PDPA). The following Privacy Policy is used to comply with our duty to inform you from the GDPR and the PDPA.

Collection of Personal Data

In order for us to provide you with our services and to operate in an effective and efficient manner, we may need to collect relevant personal information from you either manually, through our website or when we provide you with our services (“Your Data”) where you can be directly and indirectly identified.

1. Types of personal information we collect

1.1 We may collect the following types of Your Data from you:

1.1.1. Full name
1.1.2. Postal, mailing, or street address
1.1.4. Email address
1.1.5. Telephone or mobile number
1.1.6. Age, age-range or birth date
1.1.7. Any additional personal information that you provide us directly or indirectly through our services.

2. Methods of collection

2.1. We collect Your Data in many ways, including:

2.1.1. when you access and use our website (such as through cookies).
2.1.2. when we provide our services to you.
2.1.3. when you interact with us through email, over the phone, or in any other form of correspondence.
2.1.4. when you make a payment to us.

Purposes of Processing

Foqcus processes Your Data only for specific and limited purposes. You agree that all personal data collected and/or processed by Foqcus may include but not be limited to the following purposes:

To communicate with you;
To respond to your queries;
To process applications for and the provision of Foqcus’s Services;
To verify information about you as we in our sole discretion shall deem fit;
To process, manage and/or verify your actual identity;
To inform you of our products and services;
To send you promotional material;
To send marketing and non-marketing communications to users
For all other purposes incidental and associated with any of the above.
In connection with legal proceedings

Disclosure to Third Parties

Foqcus may disclose your personal data to our affiliates or associates that perform services on Foqcus’s behalf and in doing so we will comply with all applicable laws, regulations and industry standards. However, Foqcus shall not disclose your personal data to unrelated third- party without obtaining your prior written consent.

Links to other website

Links and/or connections to third-party web sites or services will be provided by us on the site. Other sites hosted by third parties may have different practices. Foqcus has no control over those sites and is not responsible or liable for the policies and practices followed by third parties.

Acceptance of The Policy

You are given notice that the Service will only be made available to you upon your accepting and expressly consenting to the terms of this Privacy Policy, where such express acceptance and consent shall be evidenced by you clicking or checking or indicating accordingly on the relevant consent portion of the registration forms or such other documents as my be furnished to you, as the case may be.

By so indicating your acceptance of the term of this Privacy Policy, you shall be deemed to have expressly consented to the processing of your personal data by Foqcus or any of its authorised agents, employees, partners and/or contractors for purposes as outlined.

We may use cookies to improve and customize our products and websites and your experience. Cookies help make our website more user-friendly, efficient, and secure.

These cookies make it possible to recognize your browser when you next visit the site. Disabling cookies may limit the functionality of this website. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

SERVER LOG FILES

The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:

Browser type and browser version
Operating system used
Referrer URL
Host name of the accessing computer
Time of the server request
IP address

Your data, your rights

At Foqcus, where applicable under local law, you may have certain rights with respect to your personal information. To help protect the security of Your Data, we might require you to prove your identity. You can send us a request at sales@foqcus.com if you would like to exercise your rights. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

You are entitled to obtain the rectification of inaccurate or incomplete personal data (such as address, name, etc.) any time. In addition, you may request to delete Your Data from our records, however, we do not hold responsibility for the deletion process. You may also request the restriction of processing Your Data.

Withdrawal of Consent

Notwithstanding anything to the contrary, you may at any time withdraw your consent to Foqcus processing any personal data of yours or to any part or portion of the same by sending to Foqcus at the address set out below a written notice of withdrawal and within the period prescribed under the PDPA. Foqcus shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of Foqcus’s other legal obligations.

If you do not wish to have your personal data shared with any other party, or if you do not wish to be solicited for products or services offered by Foqcus or any other parties including third parties, kindly inform us in writing at the communication information as given below.

You shall, upon written request, be granted access to all personal data held or stored or processed by Foqcus. To avoid confusion, “access” for the purposes of this provision shall mean notification of such personal data of yours that is processed by or on behalf of Foqcus and to have a copy of such personal data communicated or conveyed to you in an intelligible form of Foqcus’s choosing.

We will try to respond to all requests within three (3) working days. Occasionally it could take us longer than a month if your request is particularly complex or if you have made a number of requests. In this case, we will notify you and keep you updated.

Foqcus is committed to protecting your Personal Data. If you have any questions in relation to this Privacy Policy and you wish to contact us to update your data that we have collected or exercise your right. Please do not hesitate to contact us directly through the email address： sales@foqcus.com

Data Compliance Officer

We have appointed a voluntary data compliance officer for our company. If you have any privacy questions or concerns, you may reach out to our data compliance officer using the following contact details.

ATTN: Woon Michelle
2-05 Cheras Plaza, No.11 Jalan Manis 1, Taman Segar,
56100 Cheras, Kuala Lumpur,
Malaysia.
Email: sales@foqcus.com
Telephone : +603-91332288

Acknowledgement and Acceptance Form

I, hereby declared that I have read the ToS and the Privacy Policy above, to accept and subscribe for the Service provided by Foqcus Sdn Bhd as stipulated therein.

By using the Service, registering for an account on the Platform, visiting the Platform, or accessing the Service, I acknowledge and agree that I accept the practices, requirements and/or policies outlined in the Privacy Policy above. I further confirm that all personal data that I have provided are all true, up-to-date and accurate and I hereby authorize and consent to my personal data being processed by and where required, disclosed to Foqcus for the purposes of Foqcus providing the Service to me. For the avoidance of doubt, I also hereby explicitly consent to Foqcus processing any sensitive personal data relevant for such purposes.

If Foqcus Sdn Bhd changes the Privacy Policy above, Foqcus may provide notification by posting these changes or the revised Privacy Platform on the Platform. Foqcus reserves the right to amend at all times the Privacy Policy. Notwithstanding the generality of the foregoing, I understand that my continued use of the Service or accessing the Platform shall constitute my acknowledgement and acceptance of any changes made to the Privacy Policy.

Table of Content

Collection of Personal Data

Purposes of Processing

Disclosure to Third Parties

Links to other website

Acceptance of The Policy

Your data, your rights

Withdrawal of Consent

Data Compliance Officer

Acknowledgement and Acceptance Form

PERSONAL DATA PROTECTION POLICY

FOQCUS SDN BHD (Company No.: 201801007561 (1269575-P)) values your privacy and strives to protect your personal data in compliance of the laws of Malaysia.

We will collect, record, hold, use, disclose and store (i.e., “process”) your personal data and information in accordance with such laws (including the Personal Data Protection Act 2010 and other applicable data protection or privacy laws / regulations), this Privacy Notice and the privacy terms in your agreement(s) with us.

This Privacy Notice explains:

What kind of personal data we collect and how we collect it;
How we use your personal data;
The parties that we disclose the personal data to; and
The choices we offer, including how to access and update your personal data.

Your privacy matters to us, so please take the time to get to know our practices and if you need further information, please contact our data compliance officer at data@foqcus.com.

For the purposes of this Privacy Notice, please note that:

TYPES OF PERSONAL DATA COLLECTED AND METHODS OF COLLECTION

In order to enable us to deal with your inquiries and/or to generally provide you with our products and/or services, we may need to and/or may be required to collect, record, hold, store, use and/or disclose your personal data (“Process”), which includes any data which relates directly or indirectly to you and/or your transactions with us. This data includes, but is not limited to:

“We / Our / Ours / Us” refers to Foqcus Sdn Bhd.
Personal Data means any personal data or information that has been provided to Foqcus or made available to Foqcus, it shall be deemed that Foqcus has been given consent to collect, record, hold, use, disclose, store, and process the customer’s personal data which is in the possession, control, and management of the authorised entity governing the operation and management of the premises, e.g. name, identity card or passport number, address, email address, contact number, copies and details of identification documents, contact details, bank account number, employment history, credit and references check, marital status, health status, commission or alleged commission of offence, personal financial and social security detail that relates directly or indirectly to an individual to the extent that the individual can be identified or is identifiable from such information.
For the avoidance of doubt, this Privacy Notice is applicable to both individuals and corporate entities. Where you are a corporate entity or organisation, to the extent that you have provided or will provide personal data about your directors, shareholders, employees, authorised representatives, agents, and/or other individuals, you confirm that you have explained or will explain to them that their personal data will be provided to and processed by us. You represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their personal data in accordance with this Privacy Notice.

TYPES OF PERSONAL DATA COLLECTED AND METHODS OF COLLECTION

Personal information typically collected on application forms, which includes but is not limited to your name, address details, date of birth, telephone number, mobile phone number, and email addresses.
Personal information such as your profile picture, photos or avatar, gender, age, ethnicity, marital status, educational level, occupation, salary range, interests, hobbies, precise location-based information, and any other information you directly provide through the Site.
Personal information that pertains to you obtained indirectly through other sources (if any), in respect of which you have given consent for them to disclose information relating to you and/or where they are not otherwise restricted, including but not limited to information about the products and services you have purchased through the Site.
Personal information including your particulars, images, and biometrics to establish your identity and background.
Personal information that you provide when you apply for any of our products and services, including your views or opinions made known to us via feedback or surveys.
Information about your risk profile, financial standing, and/or business interests and assets.
Information that we may collect from written communication when you provide us complaints or report issues while using our service. We may use this information to communicate with you, efficiently manage your requests, and resolve any other issues you may face.
Information such as language, postcode, area code, unique device identifier, location, and the time zone where the products or services are used.
Information regarding customer activities on our websites and from our other products and services, which are aggregated and used to help us provide more useful information to our customers and understand which parts of our websites, products, and services are of most interest.
Information relating to your activities, habits, preferences, and interests arising from your use of products and services on the Site, our partners, or vendors.
Other electronic data or information relating to you, such as IP addresses, cookies, activity logs, online identifiers, and location data through your usage of our products and services or as part of their supply or delivery to you.

We may obtain this data from yourself when you apply for any of our products and/or services and from a variety of sources, including but not limited to:

Through your relationship with us, for example, information provided by you in application forms, when using our products or services, when taking part in customer surveys, campaigns, competitions, and promotions.
Through your verbal and written communications with us and/or our authorised agents, partners, and/or resellers.
From third parties connected with you, such as employers, joint account holders, guarantors, co-partners, co-directors, and co-shareholders, subject to your prior consent.
From any credit reporting agencies, credit reference agencies, and governmental agencies, or information obtained from any publicly available sources, directories, or registries (such as, but not limited to, the Malaysian Insolvency Department and the Companies Commission of Malaysia).
From an analysis of the way you use and manage your account(s) with us, from the transactions you make to/from your account(s).
From your purchase and use of our products and services on the Site, including the frequency and patterns of QR scanning and loyalty points collection.
From the stock performance rate of our products and services, including trends, fluctuations, and overall market performance.
From such other sources in respect of which you have given your consent to the disclosure of information relating to you and/or where otherwise not restricted.

HOW WE PROCESS YOUR PERSONAL DATA

We may use your personal data for one or more of the following purposes:

To establish your identity and background.
To assess and process your application(s)/request(s) for our products and/or services.
To enable us to consider whether to provide or continue to provide to you any of our products and/or services.
To manage and maintain your account(s) with us.
To better manage your relationship with us.
To provide you with information on our and third-party products, services, and offers which may be of interest to you.
To improve our products and/or services and to develop new products and/or services.
To notify you about benefits and changes to the features of products and/or services and/or update you on any changes to our terms and conditions and policies.
To administer offers, competitions, campaigns, and promotions.
To respond to your enquiries, requests, and complaints and to generally resolve disputes.
To update, consolidate, and improve the accuracy of our records.
To produce data, reports, and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual.
To conduct research for analytical purposes, including but not limited to data mining and analysis of your transactions with us.
To meet the disclosure requirements of any law binding on us.
For audit, compliance, and risk management purposes.
To protect or enforce our rights under your agreement with us, including to recover any debt owing to us.
To conduct anti-money laundering checks.
For crime detection, prevention, and prosecution.
For any other purpose that is required or permitted by any law, regulations, guidelines, and/or relevant regulatory authorities.

We will ask for your consent before using your personal data for a purpose other than those that are set out in this Privacy Notice and in the privacy terms in your agreement(s) with us.

DISCLOSURE OF YOUR PERSONAL DATA

As part of providing you with our products and/or services and the management and/or operation of the same, we may disclose your personal data to the following parties:

Our subsidiaries, associated companies and/or holding company.
Companies and/or organisations that act as our agents and/or professional advisers.
Companies and/or organisations to whom we have outsourced the performance of operational functions to assist us in processing, administering and/or otherwise fulfilling transactions that you have requested for.
Companies and/or organisations to whom we have outsourced the performance of operational functions to assist us in providing value-added services that you have requested for.
Your advisers (including but not limited to accountants, auditors, lawyers, financial advisers or other professional advisers) where authorised by you.
Any person notified by you as authorised to give instructions or to use the account(s)/facility(ies) or products and/or services on your behalf.
The police or any public officer conducting an investigation in connection with any offence including suspected offences.
Any court, tribunal or authority, whether governmental or quasi-governmental, with jurisdiction over us.
Any person, authorities or regulators to whom we are permitted or required to disclose under the laws of any country.
Any person connected to the enforcement or preservation of any of our rights under your agreement(s) with us.

subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to us, for any of the purposes set out above.

Additionally, our merchants and strategic partners may contact you about products, services and offers, which we believe may be of interest to you or benefit you. Notwithstanding the foregoing, we will only disclose your personal data (excluding data relating to your affairs or account) to our merchants and strategic partners for such purpose where your express prior consent has been obtained.

You may choose not to receive any direct marketing materials from us or our merchants and strategic partners by sending us an email at data@foqcus.com (or such other email addresses to be notified by us) with your request and we will abide by your latest written instructions to us.

We will otherwise treat your personal data as private and confidential and apart from the parties stated above, we will not disclose your data to any other party except:

Where you have given permission.
Where we are required or permitted to do so by law.
Where required or authorised by any order of court.
Where we may transfer rights and obligations under your agreement(s) with us.
Where we are required to meet our obligations to any relevant regulatory authority.

SECURITY OF YOUR PERSONAL DATA

Information is our asset and therefore we place great importance on ensuring the security of your personal data. We regularly review and implement up-to-date technical and organisational security measures when processing your personal data. Our employees are trained to handle the personal data securely and with utmost respect, failing which they may be subject to disciplinary action.

RETENTION OF YOUR PERSONAL DATA

We will retain your personal data for such period or duration as required by your relationship with us, in compliance with this Privacy Notice and/or the terms and conditions of your agreement(s) with us, for such other period as may be necessary to protect our interests as may be deemed necessary, or where otherwise required by the law and/or where required by our relevant policies.

INCOMPLETE PERSONAL DATA PROVIDED BY YOU

Where indicated, it is obligatory to provide your personal data to us to enable us to process your application for our products and/or services. Should you decline to provide such obligatory personal data, we may not be able to process your application/request or provide you with our products and/or services.

YOUR RIGHTS TO ACCESS, CORRECT, AND DELETE YOUR PERSONAL DATA

We can assist you to access, correct, and delete your personal data held by us. Where you wish to have access to your personal data in our possession, or where you are of the opinion that such personal data held by us is inaccurate, incomplete, misleading or, where relevant, not up-to-date, you may make a request to our data compliance officer via email at data@foqcus.com. Additionally, if you wish to request the deletion of your personal data, you may do so by contacting us through the same email address.

We will use reasonable efforts to comply with your request to access, correct, or delete your personal data within twenty (21) days and the relevant processing fee (if any), subject to our right to rely on any statutory exemptions and/or exceptions. Please note that we may have to withhold access, correction, or deletion of your personal data in certain situations, for example, when we are unable to confirm your identity or where the data requested for is of a confidential commercial nature or in the event we receive repeated requests for the same data. Nevertheless, we will notify you of the reasons for not being able to accede to your request. Please also note that we may exercise our discretion in allowing the corrections or deletions requested and/or may require further documentary evidence of the new data to avoid fraud and inaccuracy.

EXERCISING CHOICES OVER THE DISCLOSURE, RETENTION, USE, AND DELETION OF YOUR PERSONAL DATA

Subject always to our contractual rights and obligations under relevant laws and regulations, you may exercise your choice in respect of the disclosure, retention, use, and deletion of your personal data. Should you wish to do so, kindly contact us at the contact details provided below. Notwithstanding anything to the contrary, you may at any time withdraw your consent to Foqcus processing any personal data of yours or to any part or portion of the same by sending to Foqcus at the address set out below a written notice of withdrawal and within the period prescribed under this Privacy Notice. Foqcus shall take all necessary measures to give effect to your withdrawal of consent, including the deletion of your personal data, to the extent that such withdrawal does not conflict with any of Foqcus’s other legal obligations. If you do not wish to have your personal data shared with any other party, or if you do not wish to be solicited for products or services offered by Foqcus or any other parties including third parties, kindly inform us in writing at the communication information given below. You shall, upon written request, be granted access to all personal data held, stored, or processed by Foqcus. Additionally, you may request the deletion of your personal data. To avoid confusion, “access” for the purposes of this provision shall mean notification of such personal data of yours that is processed by or on behalf of Foqcus and to have a copy of such personal data communicated or conveyed to you in an intelligible form of Foqcus’s choosing. We will try to respond to all requests within five (5) business days. Occasionally, it could take us longer than a month if your request is particularly complex or if you have made a number of requests. In this case, we will notify you and keep you updated.

REVISIONS TO PRIVACY NOTICE

This Privacy Notice may be revised from time to time. Notice of any such revision will be given on our website and/or by such other means of communication deemed suitable by us.

CONTACTING US ABOUT YOUR PRIVACY AND HOW WE HANDLE YOUR PERSONAL DATA

Should you have any query in relation to this Privacy Notice or how we handle your personal data, kindly contact our data compliance officer at:
Email address: data@foqcus.com

We have appointed a voluntary data compliance officer for our company. If you have any privacy questions or concerns, you may reach out to our data compliance officer using the following contact details:

ATTN: Data Compliance Officer
2-05 Cheras Plaza, No.11 Jalan Manis 1, Taman Segar,
56100 Cheras, Kuala Lumpur,
Malaysia.
Email: data@foqcus.com
Telephone: +603-91332288

ACKNOWLEDGEMENT AND CONSENT

By using our Site, Services, applications, third party platform or by otherwise giving us your personal information you are accepting the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our websites or applications or give us any of your personal information.

You further confirm that all personal data that you have provided are all true, up-to-date and accurate and you hereby authorize and consent to your personal data being processed by Foqcus where required, disclosed to Foqcus for the purposes of Foqcus providing the Services to you.

Personal Data Protection Policy

Effective Date & Last Modified February 28, 2025.

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