Privacy Policy Terms and Condition

We, PLAY is a mobile application service under, Mbits Digital Sdn. Bhd. [Company No. 1125089-T], together with our subsidiaries and affiliates (collectively, “PLAY”) respect the privacy of individuals with regard to personal data and are committed to protecting the privacy of our users/subscribers/customers (collectively, “Users”), and strive to provide a safe and secure user experience.  You may refer to the group structure of PLAY here. This Privacy Policy is formulated in accordance with the Personal Data Protection Act 2010 ("Act"), which describes how your information (“Personal Data”) is collected and used and your choices with respect to your Personal Data. For absolute clarity, any reference to “we”, “our” or “us” in this Privacy Policy shall include any member of PLAY. The following discloses our information gathering and dissemination practices for getplay.com.my and mobile applications created and/or owned by PLAY that are made available to you for download from the app stores, including but not limited to “Apple App Store”, “Google Play” and “Huawei App Gallery” (collectively, “Websites”) and if relevant, for the use of, or subscription to, or purchase of any products and/or services offered by PLAY.

1. Information collected by the Websites

Our Websites’ servers do not automatically recognize specific information about individual users on our Websites. In addition, our servers do not automatically record information regarding a Users e- mail address unless the User supplies it. We collect information about Users during the registration process for certain parts of our sites; through their participation in certain activities, including contests, forums, and polls; and through the use of cookies. When you request pages from our server, it automatically collects some information about your preferences, including your internet protocol (“IP”) address. We use this to help diagnose problems with our server, and to administer our Websites. The User-supplied information collected through the registration process, surveys, contest entry forms, polls or other similar vehicles is used to improve the content of our sites, or used for our marketing purposes. It is not shared with other organizations for commercial purposes unless specifically stated herein.

2. Purpose of Personal Data collected

Personal Data that you provide to us voluntarily on our Websites and the other related channels may be processed and/or disclosed to our Vendors (as hereinafter defined) for the following purposes (collectively, Purposes): to manage, verify and complete transactions with you; to manage and verify your membership for our customer loyalty scheme (where applicable); to direct market our products and/or services to you; to understand and analyze our sales, and your needs and preferences; to develop, enhance, market and provide products and services to meet your

needs; to enable you to participate in promotions and contests; to process exchanges or product returns; to improve our services; to respond to your requests or complaints; to send you updates on products, news and event updates, rewards and promotions, special privileges and initiatives offered by PLAY and/or its partners and/or advertisers; to process your payment transactions; for our credit control service and/or collection of debts due and owing to us; and to comply with any regulatory, statutory or legal obligation imposed on us by any relevant authority.

Although the precise details of the Personal Data collected will vary according to the specific purpose (such as contests, forums, surveys etc.) whether via online or otherwise, we may typically collect the following Personal Data from or in relation to you:

Name;

Address;

Phone number(s);

Date of birth;

Email address;

Gender;

Identity card number or passport number

3. Use and Disclosure

We may disclose your Personal Data within PLAY and/or to the Vendors (as hereinafter defined) for the Purposes set forth hereinabove in accordance with the terms and conditions set out herein.

We are responsible for the Personal Data under our control, including Personal Data disclosed by us to a Vendor (often referred to as the data processor and third-party service providers). Vendor; in this Privacy Policy means in relation to Personal Data, any person or entity (other than our own employee) who processes the Personal Data on behalf of us and/or who provide third party services for us. Processing, in relation to Personal Data means for example obtaining, recording, holding or using the Personal Data in carrying out any operation or set of operations on the Personal Data and/or providing its respective services to us. We take every measure to provide a comparable level of protection for Personal Data should the information be processed by a Vendor. We use and disclose aggregated non-personally identifying information collected through the Websites as part of our organizations process of constantly improving the Websites, and the products and services offered by PLAY.

4. Impact of Non-Provision of Personal Data

Please note that in the event that sufficient Personal Data is not supplied, or is not satisfactory to us, then your application or request for any of the above Purposes may not be accepted or acted upon or your request to browse some information on the Websites, or the use of, or subscription to, or purchase of an products and/or services offered by PLAY may be denied or affected.

5. Storage and Retention of Personal Data

Your Personal Data shall be stored either in hard copies in our offices or in servers located in Malaysia. It may be necessary to transfer your Personal Data to third party services providers based/located outside Malaysia. By continuing to use the Websites, products and/or services of PLAY, you hereby consent to such transfer.

Any Personal Data supplied by you will be retained by us as long as necessary for the fulfilment of the Purposes stated in paragraph (2) above or as required to satisfy legal regulatory, accounting requirements or to protect our interests.

Save and except as provided in paragraph (15) hereof, we do not offer any online facilities for you to delete your Personal Data held by us.

6. How Email and 'Contact Us' messages are being handled

Your Personal Data shall be stored either in hard copies in our offices or in servers located in Malaysia. It may be necessary to transfer your Personal Data to third party services providers based/located outside Malaysia. By continuing to use the Websites, products and/or services of PLAY, you hereby consent to such transfer. Any Personal Data supplied by you will be retained by us as long as necessary for the fulfilment of the Purposes stated in paragraph (2) above or as required to satisfy legal regulatory, accounting requirements or to protect our interests. Save and except as provided in paragraph (15) hereof, we do not offer any online facilities for you to delete your Personal Data held by us.

7. Communication or Utilization Data

Through your use of telecommunications services to access the Websites and/or any other sites operated and/or managed by PLAY, your communications data (e.g. IP address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to Personal Data. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

8. Automatic Collection of Non-Personally Identifiable Data

When you access the Websites and/or use of any product/services offered by PLAY, we may automatically (i.e., not by registration) collect, use and disclose non-personally identifiable data, including but not limited to information about your Internet browser and operating system, domain name of the website from which you came, number of visits, average time spent on the site and pages viewed. We may use and disclose these non-personally identifiable data and share it within PLAY and/or third parties to inter alia; monitor the attractiveness of the Websites and improve our performance/product/services/content on an aggregate, anonymize and non-personally identifiable basis. However, please be assured that this information is not intended to be used to personally identify you.

For example, we may collect:

Device information— such as your hardware model, IP address, other unique device identifiers, operating system version, browser type and settings, such as language and available font settings, and settings of the device you use to access our Websites.

Usage information— such as information about your usage of the Websites, products and/or services offered by PLAY, the time and duration of your usage and other information about your interaction with content offered by PLAY, and any information stored using cookies, mobile ad identifiers, and similar technologies that we have set on your device. For detailed information about our use of cookies, web beacons, and other technologies, see Online Tracking and Advertising in paragraph (9) below.

9. Online Tracking and Advertising

How We Use Cookies, Web Beacons, and Similar Technologies and How to Disable These Technologies

We and any third parties duly appointed/authorized by us to provide content, advertising, or functionality or measure and analyze advertisement performance on our Websites (collectively, “Authorized Third Parties”), may use cookies, web beacons, mobile advertising identifiers, and similar technologies to facilitate administration and navigation, to better understand and improve our Websites, to determine and/or improve the advertising shown to you here or within the online sites operated and/or managed by PLAY, and to provide you with a customized online experience. Cookies. Cookies are small files that are placed on your computer when you visit the Websites. Cookies may be used to store a unique identification number tied to your computer or device so that you can be recognized as the same user across one or more browsing sessions, and across one or more sites. Cookies serve many useful purposes. For example:

Cookies can remember your sign-in credentials so you do not have to enter those credentials each time you visit a Website. Cookies can help us and the Authorized Third Parties understand which parts of our Websites are the most popular because they help us see which pages and features users access and how much time they spend on the pages. By studying this kind of information, we are better able to adapt our Websites and provide you with a better experience. Cookies help us and the Authorized Third Parties understand which advertisements you have seen so that you don’t receive the same advertisement each time you visit our Websites. Most browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. If you disable browser cookies or flash cookies, it may interfere with the proper functioning of our Websites. Beacons. We, along with the Authorized Third Parties, also may use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your device. We and third parties use beacons for a variety of purposes, including to analyze the use of the Websites and products and/or services offered by PLAY and (in conjunction with cookies) to provide content and advertisements that are more relevant to you.

 

Local Storage & Other Tracking Technologies

We, along with third parties, may use other kinds of technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and Hypertext Markup Language revision 5 (HTML5) local storage, in connection with our Websites. We also may use unique identifiers associated with your device, such as mobile advertising identifiers. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. For HTML5 local storage, the method for disabling HTML5 will vary depending on your browser. For Flash cookies, information about disabling or deleting information contained in Flash cookies can be found here.

Additional Choices with Respect to Targeted Advertising

As described above, we and the Authorized Third Parties may use cookies and other tracking technologies to facilitate serving relevant advertisements to you. For example, these technologies help us determine whether you have seen a particular advertisement before, tailor advertisements to you if you have visited our Websites before, and avoid sending you duplicate advertisements.

Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable tracking technologies in mobile applications. Many mobile devices allow you to opt-out of targeted advertising for mobile applications using the settings within the mobile application or your mobile device. For more information, please check your mobile settings. You also may uninstall our applications using the standard uninstall process available on your mobile device or app marketplace.

10. Public Forums

Our Websites make information sharing, feedback, forums, and/or message boards available to Users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your Personal Data. We request that users treat each other with courtesy and mutual respect.

11. Job Applicants

Personal Data provided in connection with an application for employment will be used to determine your suitability for a position with PLAY and, if applicable, your terms of employment or engagement.

Your information may also be used to monitor our recruitment initiatives and equal opportunities policies. Your details may be disclosed to third parties to verify or obtain additional information including education institutions, current/previous employers and credit reference agencies. Credit reference agencies record these searches and you can contact us to find out which agencies we used. Unsuccessful applications may be retained to match your skills to future job opportunities.

12. Confidentiality

Personal Data held by us will be kept confidential in accordance with this Privacy Policy pursuant to any applicable law that may from time to time be in force. Any questions, comments, suggestions or information other than Personal Data sent or posted to the Websites, or any part thereof by Users will be deemed voluntarily provided to us on a non-confidential and non-proprietary basis. We reserve the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely without further reference to you.

13. Security

Our Websites have security measures in place to protect the loss, misuse and alteration of the information under our control. When a User is asked to provide his/her credit card information, we provide a secure environment through our partners' systems (using industry standard SSL or SET protocols) for this purpose. For the internet, unfortunately, no data transmission over the internet can be guaranteed as completely secure. So, while we strive to protect such Personal Data, we cannot ensure or warrant the security of any Personal Data transmitted to us and individuals do so at their own risk. Once any Personal Data comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification or disclosure. A username and password may be essential for you to use some sections of the Websites. For your own protection, we require you to keep these confidential and to change your password regularly (if required).

14. Links

Our Websites contain links to other sites. We are not responsible for the privacy practices or the content of such sites. We have established relationships with advertisers and/or business partners but such relationships are generally technical in nature, or content collaborations. If any advertisers and/or business partners access to any information entered by Users in our database, this fact shall be disclosed to the Users upon initiating the registration process. Users who feel they do not wish their information to be shared by anyone other than the Websites may then opt out of completing the registration.

15. Right of Access to Personal Data

Under the Act, you have the right of access to your Personal Data held by us on payment of a prescribed fee and to request correction of the Personal Data that is inaccurate, incomplete, misleading or not up-to-date. If you have any questions regarding this Privacy Policy or if you wish to request access to your Personal Data or if you wish to correct your Personal Data or if you wish to withdraw your consent for future marketing communication, you may send your request in writing to:

PLAY Berhad [Company No.: 1125089-T]

UOA Business Park

No. 1, Jalan Pengaturcara U1/51a, Kawasan Perindustrian Temasya,

40150 Shah Alam, Selangor

MALAYSIA

or

Email: info@mbitsdigital.com

16. Changes to Privacy Policy

We reserve the right to amend this Privacy Policy from time to time without prior notice. Any changes to the Privacy Policy will be uploaded onto our Websites and therefore, we encourage you to check/visit the Websites from time to time for any changes on a regular basis.

17. Play E-Wallet

E-WALLET TERMS & CONDITIONS Definitions In these Terms of Use, the following words have the meaning set out beside them: “Play”, “We”, “our”, “us” means MBITS DIGITAL Sdn MBits Digital Sdn Bhd. Bhd., a company incorporated in Malaysia bearing registration number 709922-X and having its business office located at Unit 6-1-1, QUEENS AVENUE BLOCK 6,1ST FLOOR JALAN BAYAM OFF JALAN PEEL ,55100 KUALA LUMPUR, Malaysia “Play e-Wallet” means the electronic money service offered by MBits to its Members only for the purpose of Play Service, a virtual mobile wallet for cashless transactions such as top up and purchase plan. A Play e-Wallet will be automatically opened for you with MBits for subscribing to the Play Service where your denial or refusal to use the Play e-Wallet will result in inaccessible to Play Service; “Customer Service” or “Customer Service Team” means those individuals

employed by MBits responsible for its customer service function who may be contacted at as stipulated via our contact page. “Fees” means any and all Fees and charges levied by MBits for your use of the Play e-Wallet and its services. “Member/You/Customer/Client” means any person who meets all eligibility requirements set out in these Terms of Use; “Merchant” means any commercial or non-commercial entity that is validly registered with and approved by MBits; “Self-care” means the self-managed portals to manage your own Play e-Wallet for Play Members; "Agreement” means this Terms and Conditions including any amendments and variations to the Terms and Conditions; “Available Balance” means the equivalent of physical money which has the same par value in the system, which you can use at any given time subject to the limits herein imposed; “Payment Gateway” means the authorized payment gateway appointed by MBits to act as remittance agent for the Play Service; “Deposit” means the deposit of money in the Play e-Wallet in exchange for the Play Service via payment gateway Channels designated by MBits; "Transaction” means the Play e-Wallet transaction performed by you via the Play Service including but not limited to purchase or payment for goods or services, deposit, or refund service; “Service Charge” means the commission and / or transaction charges payable by you for the utilisation of the Play Service (over and above the cost of the goods and services provided, if any); “Refund” means the request refund for any Transaction completed under the Play Service; "Withdrawal” means the withdraw from Play e-Wallet; "Content” means any contest, java games, information text, sound, music, software, photographs, videos, graphics, data messages or other materials.

 

“Current Balance” means the balance available in your Play e-Wallet for your usage of the Play Service. For the avoidance of doubt, the amount reflected as the Current Balance shall include amounts deducted for pending transactions. You may check the balance in your Play e-Wallet through the Play’s website. “MSISDN” means the mobile number assigned to you by MBits via Play; “Prepaid” means the prepaid products and services offered by MBits and other service providers where applicable; “e-Wallet limit” means the monetary limit per Transaction on Play e-Wallet imposed by Bank Negara Malaysia in the sum of Ringgit Malaysia Two Hundred Only (RM200) unless otherwise informed by MBits. MBits reserves the right to amend the Play e-Wallet limit in accordance with the allowable limits set by Bank Negara Malaysia; you are not allowed to exceed the Play e-Wallet Limit per Transaction; “Validity” means your Play e-Wallet validity is followed by the prepaid validity; “e-Wallet Services” means the electronic money issuer and transfer service provided by MBits via Play e-Wallet; “You” or “Your” means the person who is authorized to use the Play Service subject to these Terms and Conditions herein; “Transfer” means, as the context permits, (a) the debiting of an amount of electronic money from your Play e-Wallet and purchase our Play plan or Play e- Wallet, in each case less any applicable Fees; “Website” means the Play’s website, or such other website through which MBits may offer and manage the Play e-Wallet Services from time to time. Play e-Wallet General Rules These rules form an agreement between you and us, MBits Digital Sdn Bhd, whenever you use Play e-Wallet. You must read these rules carefully because they explain yours and MBits’ legal rights and duties to each other. If you use any of the services available on your Play e-Wallet, you accept that these rules apply to you. Use of Play e-Wallet Services. The Play e-Wallet Services are made available by MBits to you at its sole and absolute discretion for the following purposes: Payment for any purchase of goods and services via online Play’s website; Deposit into your Play e-Wallet subject to the Play e-wallet Limit; To top-up own Play e-Wallet.

 

You acknowledge and agree that you are only permitted to use the Play e-Wallet Services as expressly set out in these Terms and Conditions or third-party terms and conditions applicable to the products and services, which may be posted from time to time in connection with such products and services. You may view your Play e-Wallet Transactions at by logging into the Play’s website portal.

Period of Agreement

This agreement shall take effect from the Activation date of the mobile number and shall continue to be in force until terminated in accordance with these Terms and Conditions.

 

Minimum Age Requirements

By subscribing or using to the Play Service, you warrant that you are at least twelve (12) years of age, and in any event, have parental consent to enter into this agreement, where although you are above twelve (12) years old, you remain under the legal age to enter into a contract.

These Rules Will Change From Time To Time We can change these rules from time to time. We will tell you about changes that are important to the Play e-Wallet Services by putting a notice about this on

the Play’s website. If you don’t agree to the changes you should not use the Play e-Wallet Services anymore. If you use the Play e-Wallet Services after we have given you this notice, we can assume that you have read, understood and agreed to these new rules.

Communicate with Customer Service Call Centre Any information or communication about the Play e-Wallet Services, you may call to Play Customer Service Call Centre from 9am-6pm, 5 days a week, Monday - Friday. You may call 011-33777777.