Operion - Privacy Policy

Privacy Policy Statement


Last update: December 26, 2019

General

At Operion, we respect your need for online privacy and protect any Personal Data that you may share with us, in an appropriate manner. Our practice with respect to use of your Personal Data is as set forth below in this Privacy Policy Statement. As a condition to use of Operion services, you consent to the terms of the Privacy Policy Statement as it may be updated from time to time. This Privacy Policy Statement applies exclusively to www.operion.com.my. and unless stipulated otherwise, such other services as may be made available by Operion from time to time.

Please read this Privacy Policy Statement carefully, as they apply to your access and use of our services, and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the services (collectively referred to as the “Content”). Your access to and use of our services signifies your acceptance of this Privacy Policy Statement and you agree to be bound by them, any and all other applicable terms referenced herein as well as all applicable laws.

Definition

The terms “data user”, “data processor”, “data subject” and “processing” shall have the same meaning ascribed to them as in the Personal Data Protection Act 2010 of Malaysia (“PDPA”)

Personal Data: means any information/data about individual or person who can be identified from that information/data. Your personal data is collected and processed by us at the start of our services or interaction and, from time to time, in the course of our engagement or interaction and/or you using our services. The type of personal data collected and processed by us includes but not limited to:

government issue identification document, name, date of birth, nationality, gender, national identification card number, passport or passport number, voters ID, driver license, student registration card, residency status, correspondence address, contact details including mobile, office and residential telephone number and facsimile number, e-mail address, banking details, bank statements, photos, videos and/or other information or documents that you provide by filling in the registration forms on our services. This includes information or documents provided at the time of registering to use our services, subscribing to oursServices, posting material or requesting further services. We may also ask you for information at other times, for example in connection with further verification, a promotion or when you report a problem with our services;

details of transactions you carry out through our services and/or for the fulfilment of your request or completing the said transactions;

such other information relevant or required for:

compliance with legal and regulatory requirement;
for conducting any transaction on our services; and/or
engagement of our Services.

details of your visits to our services and the resources that you access; and/or

Any additional information provided by you or third parties about you.

For the purpose of this Privacy Policy Statement, the Operion is the data processor and the data user shall refer to you the Merchant.

Eligibility

You are NOT eligible to use our services without consent if you are under 18 years of age or any other age, which the law does not allow you to enter a legally binding contract in the jurisdiction you are from. If you are between the ages of 13 and 17, you can use the Services with the consent and supervision of your parent and/or legal guardian who is at least 18 years old, provided that your parent and/or legal guardian also agrees to be bound by this privacy policy and agrees to be responsible for your use of our services.

You are not eligible to use the Services if you have previously been suspended from using the Services for any reason and we have not explicitly authorized you to resume using our services. We reserve the right to refuse use of our services to anyone and to reject, cancel, interrupt, remove or suspend an account for any reason without liability.

Operion’s Personal Data Obligations

Operion as the data processor shall process all personal data on behalf of you the data user and/or provided by you (as the case may be) from time to time for the performance of our obligation as the data processor.

Personal Data Collection & Processing:

Your Personal Data

During the Registration Process for creating a merchant account, we may request for your name, email address and/or such other relevant personal data. You may also be asked to choose a unique username and a password, which will be used solely for the purpose of providing access to your merchant account. Your personal data will be used for the purpose including but not limited to informing you regarding new services, releases, upcoming events and changes in this Privacy Policy Statement.

Processing of Personal Data

As your data processor Operion will have access to third party Personal Data provided by you or other third party users as part of using Operion services such as contacts in your Operion account. This information may include third party names, email addresses, phone numbers and physical addresses and will be used for servicing your requirements as expressed by you to Operion and solely as part and parcel of your use of Operion services. We do not share this third party Personal Data with anyone for promotional purposes, nor do we utilize it for any purposes not expressly consented to by you and/or personal data owner. We post user testimonials on our website. These testimonials may include names and other Personal Data and we acquire permission from our users prior to posting these on our website. Operion is not responsible for the Personal Data users elect to post within their testimonials.

Usage Details

Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used will be recorded by us in order to enhance your experience of the Operion services and to help us provide you the best possible service.

Contents of your Merchant Account

We store and maintain files, documents, emails and other data stored in your merchant account at our facilities as made available from time to time. In order to prevent loss of data due to errors or system failures, we also keep backup copies of data including the contents of your merchant account. Hence your files and data may remain on our servers even after deletion or termination of your merchant account. We may retain and use your Personal Data and data as necessary to comply with our legal obligations, resolve disputes, and enforce our rights. We assure you that the contents of your merchant account will not be disclosed to anyone and will not be accessible even to employees of Operion except in circumstances specifically mentioned in this Privacy Policy and Terms of Services. We also do not scan the contents of your merchant account for serving targeted advertisements.

Payment Information

In case of services requiring payment, we request credit card or other payment account information, which will be used solely for processing payments. Your financial information will not be stored by us except for the name and address of the card holder, the expiry date and the last four digits of the Credit Card number. Subject to your prior consent and where necessary for processing future payments, your financial information will be stored in encrypted form on secure servers of our reputed Payment Gateway Service Provider who is beholden to treating your Personal Data in accordance with this Privacy Policy Statement.

Visitor Details

We use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files to analyze the trends, administer the website, track visitor's movements and to improve our website. We link this automatically collected data to other information we collect about you.

Cookies and Other Tracking Technologies

We use temporary and permanent cookies to enhance your experience of our Operion services. Temporary cookies will be removed from your computer each time you close your browser. By selecting ‘keep me signed-in’ option in Operion services, a permanent cookie will be stored in your computer and you will not be required to sign-in by providing complete login information each time you return to our website. If you have turned cookies off, you may not be able to use registered areas of the website. We tie cookie information to your email address when you elect to remain logged in so as to maintain and recall your preferences within the website.

Technologies such as: cookies, beacons, tags and scripts are used by Operion and our partners [such as reseller partners], affiliates, or service providers [such as analytics service providers]. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.

Behavioral Targeting/ Re-Targeting

We partner with third parties to manage our advertisements on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based advertisements, you may opt-out by clicking here (or if located in the European Union click here). However, you will continue to receive generic advertisements on other websites that display advertisements.

Links from our website

Some pages of our website contain external links. You are advised to verify the privacy practices of such other websites. We are not responsible for the manner of use or misuse of information made available by you at such other websites. We encourage you not to provide Personal Data, without assuring yourselves of the Privacy Policy Statement of other websites.

Federated Authentication

You can log in to our site using federated authentication providers such as Facebook Connect. These services will authenticate your identity and provide you the option to share certain Personal Data with us such as your name and email address to pre-populate our sign up form.

With whom we share Information

We may need to share your Personal Data and your data to our affiliates, resellers, service providers and business partners solely for the purpose of providing Operion services to you. The purposes for which we may disclose your Personal Data or data to our service providers may include, but are not limited to, data storage, database management, web analytics and payment processing. These service providers are authorized to use your Personal Data or data only as necessary to provide these services to us. In such cases Operion will also ensure that such affiliates, resellers, service providers and business partners comply with this Privacy Policy Statement and adopt appropriate confidentiality and security measures. We will obtain your prior specific consent before we share your Personal Data or data to any person outside Operion for any purpose that is not directly connected with providing Operion services to you. We will share your Personal Data with third parties only in the ways that are described in this Privacy Policy Statement. We do not sell your Personal Data to third parties. We may share generic aggregated demographic information not linked to any Personal Data regarding visitors and users with our business partners and advertisers. Please be aware that laws in various jurisdictions in which we operate may obligate us to disclose user information and the contents of your merchant account to the local law enforcement authorities under a legal process or an enforceable government request. In addition, we may also disclose Personal Data and contents of your merchant account to law enforcement authorities if such disclosure is determined to be necessary by Operion in our sole and absolute discretion for protecting the safety of our users, employees, or the general public. If Operion is involved in a merger, acquisition, or sale of all or a portion of its business or HOMEPAGE_URL/assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data.

How secure is your Information

We adopt industry appropriate data collection, storage and processing practices and security measures, as well as physical security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Data, username, password, transaction information and data stored in your merchant account. Access to your name and email address is restricted to our employees who need to know such information in connection with providing Operion services to you and are bound by confidentiality obligations.

Your Choice in Information Use

In the event we decide to use your Personal Data for any purpose other than as stated in this Privacy Policy Statement, we will offer you an effective way to opt out of the use of your Personal Data for those other purposes. From time to time, we may send emails to you regarding new services, releases and upcoming events. You may opt out of receiving newsletters and other secondary messages from Operion by selecting the ‘unsubscribe’ function present in every email we send. However, you will continue to receive essential transactional emails.

Accessing, Updating and Removing Personal Data

Upon request, we will provide you with information about whether we hold any of your Personal Data. Users who wish to correct, update or remove any Personal Data including those from a public forum, directory or testimonial on our site may do so either by accessing their merchant account or by contacting Operion Customer Support Services at support@operion.com.my. Such changes may take up to 48 hours to take effect. We respond to all enquiries within 30 days.

Investigation of Illegal Activity

We may need to provide access to your Personal Data and the contents of your merchant account to our employees and service providers for the purpose of investigating any suspected illegal activity or potential violation of the terms and conditions for use of Operion services. However, Operion will ensure that such access is in compliance with this Privacy Policy Statement and subject to appropriate confidentiality and security measures.

Enforcement of Privacy Policy

We make every effort, including periodic reviews to ensure that Personal Data provided by you is used in conformity with this Privacy Policy Statement. If you have any concerns regarding our adherence to this Privacy Policy Statement or the manner in which Personal Data is used for the purpose of providing Operion services, kindly contact Operion Customer Support Services at support@operion.com.my. We will contact you to address your concerns and we will also co-operate with regulatory authorities in this regard if needed.

Notification of Changes

We may modify the Privacy Policy Statement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes in the Privacy Policy Statement that affect your rights, You will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of Operion services by providing Operion notice by email within 30 days of being notified of the availability of the modified Privacy Policy Statement if the Privacy Policy Statement is modified in a manner that substantially affects your rights in connection with use of Operion services. Your continued use of Operion services after the effective date of any change to the Privacy Policy Statement will be deemed to be your agreement to the modified Privacy Policy Statement. You will not receive email notification of minor changes to the Privacy Policy Statement. If you are concerned about how your Personal Data is used, you should check back at https://www.operion.com.my/main/info-privacy.php periodically.

Blogs and Forums

We provide the capacity for users to post information in blogs and forums for sharing information in a public space on the website. This information is publicly available to all users of these forums and visitors to our website. We require registration to publish information, but given the public nature of both platforms, any Personal Data disclosed within these forums may be used to contact users with unsolicited messages. We encourage users to be cautious in disclosure of Personal Data in public forums as Operion is not responsible for the Personal Data users elect to disclose.

Operion also supports third party widgets such as Facebook and Twitter buttons on the website that allow users to share articles and other information on different platforms. These widgets may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the widgets to function properly. These widgets do not collect or store any Personal Data from users on the website and simply act as a bridge for your convenience in sharing information. Your interactions with these widgets are governed by the privacy policy of the company providing it.

Contact Us

If you have any questions or concerns regarding this Privacy Policy Statement, please contact us at legal@operion.com.my. We shall respond to all inquiries within 30 days of receipt upon ascertaining your identity.

Processor Disclosure

This certification covers our collection, use and disclosure of information we collect through our website www.operion.com.my and through Operion services. The use of information collected through Operion services shall be limited to the purpose of providing the Operion services to you.

Operion acknowledges that you have the right to access your Personal Data. Operion has no direct relationship with the individuals whose personal data it processes. If you are an individual user of Operion services, you can directly contact Operion to correct, amend, or delete inaccurate data. In other cases, an individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct such query to his data controller who may be a customer of Operion services. If requested to remove data we will respond within a reasonable timeframe. We will retain Personal Data we process on behalf of our customers for as long as needed to provide Operion services to our customers. Operion will retain Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Operion may transfer Personal Data to third party service providers that help us in providing the Operion services. Transfers to subsequent third parties are covered by the provisions in this Privacy Policy Statement regarding notice and choice and the service agreements with you.

Covenants & Indemnities

You agree that as the data user, you are solely responsible to ensure that all personal data collected and is in your control shall comply strictly with all applicable law and regulations pertaining to the protection of the personal data and all policies and guidelines in relation to personal data protection provided from time to time.

You shall indemnify Operion against all costs, fines, damages, claims and expenses (if any) due to any breach of the provision of the PDPA, non-complaince and/or any other applicable laws.