Introduction
This Privacy Statement sets out how Falcon ChargePro, a platform owned by OpenSys (M) Bhd and its holding, related and subsidiary companies, (collectively referred to as “OpenSys”, “us” or “we”) collect, store and handle personal information (as defined below) of individuals in accordance with the Personal Data Protection Act 2010 (“PDPA”) and the laws of Malaysia. Please read this Privacy Statement to understand how we use the personal information we may collect from you. By providing your personal information to us, you are consenting to this Privacy Statement and the collection, use, access, transfer, storage and processing of your personal information as described in this Privacy Statement.
We value your trust and are committed to protecting your personal information. To ensure that you can make informed decisions and feel confident about supplying your personal information to us when using any of our Services, we provide you with this Privacy Statement outlining our practices and the choices you have concerning how your personal information is being collected and used by us.
Personal information refers to any data, whether recorded in a material form or not, which relates directly or indirectly to you. This includes any information that can be used to distinguish, identify or contact you.
Personal Information We Collect
In order for us to provide you with our Services and to operate in an efficient and effective manner by providing you with the best service possible, we need to collect relevant personal information from you. The personal information collected by us may include (but is not limited to) the following:
- profile information such as your name, date of birth, current address, mobile phone number, email address and
- Information regarding your electric vehicle including without limitation the brand, model and battery, color, year and vehicle registration plates.
The personal data we collect can be either obligatory or voluntary. Obligatory personal data are those that we require in order to provide you with our products and services. If you do not provide us with obligatory personal data, we would not be able to provide you with our Products and/or Services. Voluntary personal data are those that are not mandatory in order for us to provide you with our products and services. If you do not provide us with voluntary personal data, you can still sign up for our Services.
How We Collect Your Personal Information
We may collect personal information directly from you:
- When you register through our online platform (“App”)
How We Use Your Personal Information
We may collect and use personal information from you identified in this Privacy Statement, for one or more of the following purposes:
- to verify your identity; and/or
- to maintain your account with us; and/or
- conducting audits, reviews and analysis of our internal processes, action planning and managing commercial risks; and/or
- compliance with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities; and/or
- providing services and benefits to you; and/or
- to assess and process your application(s) for our Services; and/or
- to provide you with the Services you have requested; and/or
- to administer and manage the Services we provide you; and/or
- to investigate and resolve any service issues, complaints or other enquiries that you submit to us regarding our Services; and/or
- to detect and prevent fraudulent activity; and/or
- to keep in contact with you and provide you with any information you have requested; and/or
- to engage in business transactions in respect of Services to be offered and provided to you; and/or
- to establish and better manage any business relationship we may have with you; and/or
- to process any communications you send us (for example, answering any queries and dealing with any complaints and feedbacks); and/or
- to help us monitor and improve the performance of Services, and service providers to make these more efficient; and/or
- to manage staff training and quality assurance; and/or
- to notify you about benefits and changes to the features of our Services; and/or
- to determine how can we improve services to you; and/or
- to produce data, reports and statistics which shall be anonymized or aggregated in a manner that does not identify you as an individual; and/or
- to investigate, respond to, or defend claims made against, or involving us; and/or
- to conduct marketing activities (for example, market research, promotions, etc.); and/or
- to maintain records required for security, claims or other legal purposes; and/or
- to comply with legal and regulatory requirements and/or
- for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities.
In case there are inconsistencies on how we collect or use your personal information between this Privacy Statement and the Terms and Conditions of your specific Service or other contractual documents, the Terms and Conditions of your specific service or other contractual documents shall prevail.
Disclosure of Your Personal Information
Your personal data held by us shall be kept confidential. However, in order to provide you with effective and continuous Services and subject at all times to any laws (including regulations, standards, guidelines and/or obligations) applicable to us we may need to disclose your personal data to:
- Other entities within OpenSys; and/or
- Companies and/or organizations that act as our agents, contractors, service providers and/or professional advisers; and/or
- Companies and/or organizations that assist us in processing and/or otherwise fulfilling transactions and providing you with Services that you have requested or subscribed for; and/or
- Our business associates and other parties for purposes that are related to the purpose of collecting and using your personal information; and/or
- Financial service providers in relation to the Services that you have with us or may have with us; and/or
- Strategic partners with whom we have a relationship with for specific services if consented to, by you; and/or
- Other parties in respect of whom you have given your express or implied consent; and/or
- Enforcement regulatory and governmental agencies as permitted or required by law, authorised by any order of court or to meet obligations to regulatory authorities.
The disclosure of your data may involve the transfer of your personal data to places outside of Malaysia, and by providing us your personal data you agree to such a transfer where it is required to provide you the services you have requested, and for the performance of any contractual obligations you have with OpenSys including for storage purposes. We shall take reasonable steps to ensure that any such overseas entities are contractually bound not to use your personal information for any reason other than to provide the products and/or services they are contracted by us to provide and to adequately safeguard your personal information.
Consent to Use Personal Information
When you request information or sign up for our Services or when you enter into any commercial transactions with us, you may be required to provide us with your personal information. In doing so, you consent to its use by us in accordance with this Privacy Statement.
We may collect your sensitive personal data (including, data relating to your physical or mental health, the commission or alleged commission of offences etc.) if you apply for Services which require you to disclose such sensitive personal data to us. We will only use your sensitive personal data to provide the Service you signed up for. If we collect, use, maintain or disclose your sensitive personal data, we will ask for your explicit consent.
You have the choice, at any time, not to provide your personal information/sensitive personal data or to revoke your consent to us processing of your personal data/sensitive personal data. However, failure to provide such personal information/sensitive personal data or revocation of your consent to process personal information /sensitive personal data provided may result in us being unable to provide you with effective and continuous Services.
In addition, we may also use your personal information for the fulfilment of any regulatory requirements and for any other reasons connected with providing you the services you require and fulfilment of any commercial transactions entered into by you with us.
From time to time, we may share your personal information with other entities within OpenSys, our agents or subject to your consent, strategic partners with whom we have a relationship with for specific products and/or services as we deem fit and you may receive marketing communication from us or from these other entities about services that may be of interest to you. If you no longer wish to receive these marketing communications, please notify us to withdraw your consent and we will stop processing and sharing your personal data with these other entities for the purpose of sending you marketing communications.
You have a choice to withdraw your consent for receiving marketing or promotional materials/communication. Please be aware that once we receive confirmation that you wish to withdraw your consent for marketing or promotional materials/communication, it may take up to fourteen (14) working days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials/communication during this period of time. Please note that even if you opt out from receiving marketing or promotional materials, we may still contact you for other purposes in relation to the Services that you have subscribed to with us.
Your Obligations
Where indicated (for example in registration/application forms), it is obligatory to provide your personal information to us to enable us to process your application for our Services. Should you decline to provide such obligatory personal information, we may not be able to process your application or provide you with our Services.
You are responsible for providing accurate and complete information to us about yourself and for updating this personal information as and when it becomes incorrect or out of date. This obligation is a condition to the provision of our Services to you and/or any other person authorised or permitted by you or your organization/company to use the Services. In the event you may need to provide us with personal information relating to third parties, you confirm that you have (i) obtained their consent or otherwise entitled to provide their personal information to us and for us to use accordingly, and (ii) informed them to read this Privacy Statement.
Rights to Access and Correct Your Personal Information
We are committed to ensure that the personal information we hold about you is accurate, complete, not misleading and up-to-date. If there are any changes to your personal information or if you believe that the personal information we have about you is inaccurate, incomplete, misleading or not up-to-date, please contact us. We will use reasonable efforts to comply with your request to update or correct your personal information.
You have the right to access your personal information. If you would like to request access to your personal information, please contact us. Please note that we may have to withhold access to your personal information in certain situations, for example when we are unable to confirm your identity or where information requested for is of a confidential commercial nature or in the event we receive repeated requests for the same information. Nevertheless, we will notify you of the reasons for not being able to accede to your request.
Protecting Your Data
The security of your personal data is our priority. We take all physical, technical and organizational measures needed to ensure the security and confidentiality of personal data. If we disclose any of your personal data to our authorised agents or service providers, we will require them to appropriately safeguard the personal data provided to them.
However, the Internet is not a secure medium. We cannot accept any responsibility for any unauthorised access or loss of your Personal Information, save in accordance with this Privacy Statement. We have put in place various security procedures, rules and technical measures to protect your Personal Data from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction. All of our employees and data processors, who have access to and are associated with the processing of personal data, are obliged to respect the confidentiality of your Personal Data. While we cannot guarantee that loss, misuse or alteration of data will not occur, we make reasonable efforts to prevent such unfortunate occurrences. Personal Data that we collect from you will be stored and backed up securely in a restricted and controlled location.
Retention of Your Data
We will only retain your personal information for as long as necessary to fulfil the purpose(s) for which it was collected or to comply with legal, regulatory and internal requirements. Afterwards we will destroy or permanently delete your data.
Updates to Our Privacy Statement
Please note that we may update this Privacy Statement from time to time and the updated version shall apply and supersede any and all previous versions. If there are material or significant changes to this Privacy Statement we will notify you by posting a notice of such changes on our website or by sending you a notification directly. Please review this Privacy Statement periodically to stay informed on how we are protecting your information.
Contact Us
If you need to contact us, you may visit us at contactus@falconchargepro.my
Please be informed that this Privacy Statement applies solely to OpenSys and does not apply to any third party websites you may access from our websites. Some of these third party websites may be co-branded with our logo or trademark, even though they are not operated or maintained by us. To determine how they deal with your Personal Information, you should ensure that you read their respective privacy policies.
Last Updated: 1 August 2024