Please read the following Terms and Conditions carefully (including our Privacy Policy) (collectively “Terms & Conditions”) before using the Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to TWIT 2 SDN BHD and/or its related entities, affiliates and subsidiaries (individually and collectively, “TWIT 2 SDN BHD”).
By your (or where Clause 1.1(b)(iii) applies, your child’s or ward’s) access of the Site and/or use of the Services, you hereby agree to be legally bound by this Agreement. If you do not accept this Agreement, please leave the Site and discontinue use of the Services immediately.
- Agreement
- You hereby represent and warrant that:
- you have read, agree and consent to this Agreement and the terms of our Privacy Policy as amended from time to time, and the terms of the Privacy Policy are incorporated into this Agreement by reference;
- you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to this Agreement and you are either;
- accessing the Site, using the Services and contracting in your own personal capacity;
- accessing the Site, using the Services and contracting on behalf of a corporate entity; or
- contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing the Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by this Agreement and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes this Agreement;
- you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by this Agreement; and
- all of the information provided by you to TWIT 2 SDN BHD (including without limitation personal particulars and contact information) is accurate and complete. If in connection with your use of the Site, you provide the Personal Data of any third parties, you further warrant and represent that these third parties have also consented to the terms of the Privacy Policy, and to the collection, use and disclosure of their Personal Data in accordance with the aforesaid.
- TWIT 2 SDN BHD reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. TWIT 2 SDN BHD may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
- TWIT 2 SDN BHD may from time to time vary, replace, delete, supplement or amend this Agreement by posting the amended Agreement at the Site. Any use of the Services after the amendment of this Agreement will be deemed to be acceptance of the amended Agreement by you. If you do not agree to the amended Agreement, you have the right to close your Account and/or cease using the Services.
- You hereby represent and warrant that:
- Definitions
- In this Agreement, the following definitions shall apply unless the context does not permit such application:
- “Account” means a registered account of a Member opened under the Site.
- “Agreement” means the agreement formed by these Terms & Conditions and the Privacy Policy, and in the case of a Member, by these Terms & Conditions and Privacy Policy.
- “Content” means materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
- “Linked Sites” is defined in Clause 8.1.
- “Member” means a user of the Site.
- In this Agreement, the following definitions shall apply unless the context does not permit such application:
- “Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
- “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
- “Services” is defined in Clause 3.2.
- “Site” means any TWIT 2 SDN BHD website and/or platform and includes but is not limited to the material and information contained in the website and/or platform, including any Content and RSS feeds, APIs, software code and scripts, and any other downloadable materials displayed or incorporated therein, as well as the Services offered thereon, as may be applicable.
- “TWIT 2 SDN BHD Content” means all Content of TWIT 2 SDN BHD that is made available on or via the Site or any other Site.
- “Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
- “Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
- “User Content” means all Content on the Site which is created, transmitted, posted or uploaded by a user of the Site.
The words “include” and “including” shall not be construed as having any limiting effect. The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.
- Site and Services
- The Site is owned and maintained by TWIT 2 SDN BHD
- TWIT 2 SDN BHD may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
- access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works, including any print, digitised or electronic newspapers, magazines, Apps or other content of TWIT 2 SDN BHD, whether through an online store or otherwise;
- search engines or tools;
- a platform to create, upload and publicly make available personalised content;
- an advertising and branding platform;
- message boards, forums, blogs, communication tools;
- a social networking platform;
- email alerts; and
- any other features, content or applications that TWIT 2 SDN BHD may offer on or through the Site from time to time in its sole and absolute discretion.
- You acknowledge and agree that to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Terms & Conditions and other terms of this Agreement.
- From time to time TWIT 2 SDN BHD will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.
- Content Use Conditions
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- any Service;
- the Site;
- any TWIT 2 SDN BHD Content except, to the extent permitted, with the prior written consent of TWIT 2 SDN BHD or unless expressly permitted in this Agreement; or
- any Third Party User Content except, to the extent permitted, with the prior written consent of TWIT 2 SDN BHD and the owner or licensee of the specific User Content.
- Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, TWIT 2 SDN BHD Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of TWIT 2 SDN BHD.
- You may for your personal, non-commercial use:
- retrieve and display TWIT 2 SDN BHD Content on any compatible device owned by you;
- print a single copy of TWIT 2 SDN BHD Content on paper (but not photocopy them); and
- store such TWIT 2 SDN BHD Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).
- All TWIT 2 SDN BHD Content are the copyrighted work of TWIT 2 SDN BHD or its content or software providers, and TWIT 2 SDN BHD reserves and retains all rights in the TWIT 2 SDN BHD Content. Use of some TWIT 2 SDN BHD Content may be governed by the terms of an accompanying end user license agreement.
- You may not decompile, reverse engineer or otherwise attempt to discover the source code of any TWIT 2 SDN BHD Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or TWIT 2 SDN BHD in writing.
- If you detect any suspected vulnerabilities or weaknesses in the Services, the Site, systems, resources and/or processes which may potentially affect TWIT 2 SDN BHD’s internet-accessible Services, you shall notify us immediately or as soon as practicable by submitting a report to us at <Insert email>. Without limiting the generality of the foregoing, any exploitation or testing of suspected vulnerabilities or gaining unauthorised access to any computer program or data is prohibited, and you agree and undertake not to:
- publish or publicly disclose any suspected vulnerability to any third party;
- deploy destructive, disruptive or other unlawful means to detect vulnerabilities, including without limitation any attacks on physical security, social engineering, denial of service, brute force attacks; and
- exploit, test or otherwise use any suspected vulnerability, including without limitation taking any step(s) to access, copy, create, delete, modify, manipulate or download any data or programme, build system backdoor(s), modify system configuration(s), facilitate or share system access.
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:
- Intellectual Property
- The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all TWIT 2 SDN BHD Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with TWIT 2 SDN BHD
- The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of TWIT 2 SDN BHD or other third parties, and all rights to the Marks are expressly reserved by TWIT 2 SDN BHD or relevant third parties. You shall not use any Marks without the prior written consent of TWIT 2 SDN BHD or such third party. TWIT 2 SDN BHD and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of TWIT 2 SDN BHD or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of TWIT 2 SDN BHD
- The domain name on which the Site is hosted on is the sole property of TWIT 2 SDN BHD and you may not use or otherwise adopt a similar name for your own use.
- If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Site, please contact us at: <Insert email>.
- Online Conduct
- You hereby undertake:
- to comply with this Agreement, and such other notices or guidelines that may be posted on the Site by TWIT 2 SDN BHD from time to time (which are hereby incorporated by reference into this Agreement);
- not to use any Service or TWIT 2 SDN BHD Content for any unlawful purpose, and to comply with all applicable laws and regulations.
- not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
- not to use any automated process, use any kind of scripting software or bots or service to access and/or use the Site and/or Services; and
- not to use the Account of another Member at any time, whether with or without his/her permission.
- You hereby undertake:
- Disclaimers & Limitations
- While we make every effort to ensure that all TWIT 2 SDN BHD Content displayed on the Site is accurate and complete, we provide the TWIT 2 SDN BHD Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TWIT 2 SDN BHD disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, TWIT 2 SDN BHD does not warrant that the functions contained in or access to or use of the Site, Services, TWIT 2 SDN BHD Content or other content will be timely, secure, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, TWIT 2 SDN BHD Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any TWIT 2 SDN BHD Content in or with any Computer will not affect the functionality or performance of the Computer. TWIT 2 SDN BHD does not warrant or make any representations regarding the use or the results of the use of the TWIT 2 SDN BHD Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You agree that you (and not TWIT 2 SDN BHD) shall bear and assume all risk arising out of your use of the Site, Services, TWIT 2 SDN BHD Content or the Servers including, without limitation the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. Without limiting the foregoing, you agree not to hold TWIT 2 SDN BHD liable for the loss of any of your User Content that is due to any circumstances beyond the control of TWIT 2 SDN BHD
- The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any information in the Site is intended to be for your general information only.
- You acknowledge that it is not TWIT 2 SDN BHD’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that TWIT 2 SDN BHD does not endorse and shall not be responsible for any such content.
- You acknowledge and agree that TWIT 2 SDN BHD does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and TWIT 2 SDN BHD hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site.
- You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on the Site should be used, accepted and relied upon only with care and discretion and at your own risk, and TWIT 2 SDN BHD shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
- You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of this Agreement, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
- TWIT 2 SDN BHD may in our sole and absolute discretion, screen, delete and/or remove any Content made available on the Site, including where TWIT 2 SDN BHD receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in TWIT 2 SDN BHD’s sole and absolute opinion such Content is in breach of this Agreement, or is illegal or otherwise objectionable, or for any other reason as TWIT 2 SDN BHD may see fit. TWIT 2 SDN BHD may use automated systems that analyse any content made available by you to help detect infringement and abuse, such as spam, malware, and illegal content. TWIT 2 SDN BHD may delete, archive, block or remove communications by you (including but not limited to feedback, postings, messages and/or chats).
- You agree that:
- TWIT 2 SDN BHD shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
- access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, TWIT 2 SDN BHD shall not be liable for any loss, liability or damage which may be incurred as a result
- In no event shall TWIT 2 SDN BHD be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the TWIT 2 SDN BHD Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website.
- Under no circumstances, including, but not limited to, negligence, shall TWIT 2 SDN BHD be liable for any indirect, special, consequential, or incidental damages, or loss of profits or business that is suffered by any party or that result from (A) this Agreement; or (B) the use of, or the inability to use, the TWIT 2 SDN BHD Content, Services, Site, or any other website, even if TWIT 2 SDN BHD or a TWIT 2 SDN BHD authorised representative has been advised of, or should have foreseen, the possibility of such damages.
- To the maximum extent permitted by applicable law, TWIT 2 SDN BHD disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
- You agree that the above exclusions and limitations of liability are reasonable and enable the Services and the TWIT 2 SDN BHD Content to be provided by TWIT 2 SDN BHD at either reasonable costs or no costs to you.
- Linked Sites
- TWIT 2 SDN BHD may provide links to other sites (“Linked Sites”) that may be of relevance and interest to users. TWIT 2 SDN BHD has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.
- Data Use & Privacy
- Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.
- The foregoing consents provided in Clause 1 supplement but do not supersede nor replace any other consents you may have previously provided to TWIT 2 SDN BHD in respect of your Personal Data, and your consents herein are additional to any rights which we may have at law to collect, use or disclose your Personal Data.
- The Site may provide links to Linked Sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
- The Site uses cookies. A cookie is a small text file which is placed on your device whenever you run or use the Site. These cookies collect information about your use of the Site. We use cookies and other related technologies to facilitate your use of the Site and to improve your experience of the Site. You may change the settings on your device to block the use of cookies. However, if you do choose to block the cookies used in the Site, you may not be able to use certain features and functions of the Site.
- Termination
- You agree that TWIT 2 SDN BHD has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason. Grounds for such termination may include, but are not limited to: (a) a breach of any of the terms under the Agreement; (b) violation of any applicable law; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; and/or (d) behaviour that is harmful to other users, third parties, or the business interests of TWIT 2 SDN BHD Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
- Upon suspension or termination of your Account or your access to all or any part of the Site or Services,
- all rights and/or licences granted to you under this Agreement shall immediately terminate;
- we may remove or discard from the Services any Content associated with your Account; and
- you remain liable for all obligations you may have incurred under this Agreement.
- Notification of Infringement
- TWIT 2 SDN BHD reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of TWIT 2 SDN BHD Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Site, please notify TWIT 2 SDN BHD in writing immediately in the form and containing the information prescribed by the Malaysia Copyright Act 1987 (“Infringement Notice”).
- All Infringement Notices shall be sent to TWIT 2 SDN BHD addressed as follows:
TWIT 2 SDN BHD
<Insert company address>
<Insert company phone number>
- TWIT 2 SDN BHD will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against TWIT 2 SDN BHD in respect of any Infringing Material, unless you have first given TWIT 2 SDN BHD the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter TWIT 2 SDN BHD refuses or fails to remove the Infringing Material within a reasonable time. Where TWIT 2 SDN BHD removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against TWIT 2 SDN BHD under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by TWIT 2 SDN BHD
- You acknowledge and agree that TWIT 2 SDN BHD has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.
- Jurisdictional Issues
- The Site is owned and operated by TWIT 2 SDN BHD in Malaysia. TWIT 2 SDN BHD makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access the Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Indemnity
- You agree to indemnify and hold TWIT 2 SDN BHD, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- any use of the Site or any Service;
- your connection to the Site;
- your breach of any terms and conditions of this Agreement;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
- You agree to indemnify and hold TWIT 2 SDN BHD, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:
- Severability
- If any provision of this Agreement is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force save that such provision shall be deemed to be deleted.
- Relationship of Parties
- Nothing in this Agreement shall constitute or be deemed to constitute an agency, partnership or joint venture between TWIT 2 SDN BHD and you and neither party shall have any authority to bind the other in any way.
- Waiver
- No waiver of any rights or remedies by TWIT 2 SDN BHD shall be effective unless made in writing and signed by an authorised representative of TWIT 2 SDN BHD
- A failure by TWIT 2 SDN BHD to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
- Rights of Third Parties
- Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
- Force Majeure
- No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
- For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
- Notice
- Any notices by TWIT 2 SDN BHD to you may be given by electronic mail to your email address or by registered mail or pre-paid post to your address in our records. Any such notice shall be deemed to have been delivered 24 hours after sending (if sent by email) or 48 hours after mailing or posting (if sent by registered mail or pre-paid post).
- Assignment
- You shall not assign this Agreement (in whole or in part) unless you have obtained the prior written consent of TWIT 2 SDN BHD, and any assignment by you in violation of the foregoing shall be void. TWIT 2 SDN BHD may assign this Agreement (in whole or in part) without your consent.
- Governing Law & Jurisdiction
- This Agreement and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law.
- You hereby agree to submit to the non-exclusive jurisdiction of the Malaysia courts.
Privacy Policy and Notice
Effective Date: 01-08-2022
1. Our Commitment to Your Privacy
1.1 The Hair Bank by Twit 2 (hereinafter, “Twit 2”, “we”, “us” or “our”) is owned and operated by TWIT 2 SDN.BHD. (Registration No. 202101029067 (1429367-V)). Twit 2 is committed to protecting the privacy and security of your personal data (as defined in the Personal Data Protection Act 2010 of Malaysia (“PDPA”)).
1.2 This privacy policy and notice (“Policy”) describes how we collect, maintain, use, disclose, process and safeguard your personal data and the personal data of any third party individual, including any sensitive personal data (as defined in the PDPA), as may be voluntarily or required to be provided by you in the course of you utilising our website and mobile site at https://twit2.co/ (or mobile application as we may from time to time establish)(the “Platform”). This Policy also tells you about your rights and how the applicable laws protect you.
1.3 This Policy supplements the other notices and terms of use on the Platform (including our Terms and Conditions (“T&Cs”)) and is not intended to override them.
2. Your Consent Is Important
2.1 At Twit 2, we value your privacy and will protect your personal data as provided by you in the course of utilising the Platform in compliance with the laws of Malaysia, in particular the PDPA.
2.2 Before you use our Services (as defined in the T&Cs), please read this Policy in its entirety, as it serves to help you make informed decisions about how we collect, use and process your personal data.
2.3 Twit 2 will only collect and use your personal data in accordance with such applicable laws (including the PDPA), this Policy and/or the privacy terms in any agreement(s) that you may have or will enter with Twit 2.
2.4 This Policy explains:
2.4.1 what kind of personal data we collect about you and how we collect it from you;
2.4.2 how we use your personal data;
2.4.3 the parties that we disclose your personal data to;
2.4.4 your rights in respect of your personal data; and
2.4.5 the choices we offer, including how to access or update your personal data.
2.5 By providing us your personal data either at our request or voluntarily, using our Services and communicating with us on the Platform, you hereby consent to our collection, use, processing and disclosure of your personal data in accordance with this Policy.
2.6 If you provide us information on behalf of someone else, you represent and warrant to us that the other person has appointed you to act on his/her behalf and has fully agreed that you have the authority to:
2.6.1 give consent on his/her behalf to the processing of his/her personal data;
2.6.2 receive on his/her behalf any privacy notice; and
2.6.3 give consent to the transfer of his/her personal data abroad.
2.7 If you are a user of our Platform, the provision of your personal data is voluntary. However, if you do not provide your personal data, we will not be able to process your personal data for the purposes outlined in this Policy and may cause us to be unable to provide our Services to you.
2.8 If you are an agent, merchant, supplier, service provider or strategic partner of Twit2, the provision of you or your representative’s personal data is required for the purpose of providing our Services to you and failure to provide your or your representative’s personal data may cause us to be unable to engage you to list your services on the Platform or issue payments to you (if any).
3. Information Collection and Use
3.1 As part of using our Services and registering for a user account on the Platform (“User Account”) with us, whether as an individual hairstylist or salon, and in order to enable us to deal with your enquiries, if any, and to generally allow us to provide you with our Services, we may need to and/or may be required to collect, record, hold, use, disclose and store (“process”) personal data and financial information about you, including but not limited:
3.1.1 to establish your personal identification and background; and/or
3.1.2 to establish your financial standing and creditworthiness (where required).
3.2 We may, from time to time, collect the following personal data and information from you:
3.2.1 Contact Information, such as: your name, alias, email address, mailing address and phone number, delivery address, and residential address;
3.2.2 Personal Identification Information, such as: your age, gender, nationality, date of birth, professional or job title (including your identity card number or passport number);
3.2.3 User Account/ Profile Information, such as: your username and password, your interests, preferences, feedback and survey/ contest responses (if a corporate user, information about your business, such as company name, address, business type, owner, directors’ and shareholders’ details (if applicable)); if you are logging in and accessing the Platform using a third party social media network such as Facebook, Instagram or a web account hosting service such as Google or Apple, such account information that may be accessible by us (including your profile name, date of birth, email address, and mobile number), given your authorisation;
3.2.4 User-generated Content, such as: photos, videos, audio, messages, reviews you leave for any hairstylist or salon, customer service information, any feedback or testimonials that you may provide to us about our Services, or such other content that you may publish on the Platform;
3.2.5 Device, Connection and Usage Information, such as: information on how you use our Services or view any content on the Platform (including location data when you use and share your location with us while using the Platform, if you give us permission to collect such data. You may disable location services on your devices at any time using your device settings), data that your browser sends to us whenever you visit our service or when you access the Platform using a mobile device, which may include your computer or mobile device’s Internet Protocol (IP) address, browser type and language, browser version, device type and operating system, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data; and
3.2.6 Marketing and Communications Information, such as: your preferences in receiving marketing material and communications from us and any third party,including any other information as required by us from time to time for the purposes specified in this Clause 3 and the following Clause 4, and any other information you choose to directly provide to us in connection with your use of the Services.
3.3 The types of personal data set out under Clause 3.2 is not a definitive or exhaustive list of all the personal data that we will collect from you. Nonetheless, we will only collect your personally identifiable information where it is necessary to provide our Services to you and to accurately establish or verify the identities of individuals to a high degree of fidelity.
3.4 We may obtain this information from you directly and from a variety of sources, including but not limited to:
3.4.1 through your relationship with us, for example information provided by you in enquiry, when you sign up for a User Account with us, when using our Services, when taking part in customer surveys, competitions, activities and promotions conducted on the Platform, when you message or communicate with us by phone, email or other correspondence methods;
3.4.2 through any photos/videos collected by us;
3.4.3 from third parties connected with you, such as your partners, directors, shareholders, employers, employees, joint account holders, guarantors, subject to your prior consent, and our terms of use with the said third party;
3.4.4 from an analysis of the way you use and manage your account(s) with us; and/or
3.4.5 from such other sources in respect of which you have given your consent to disclose information relating to you and/or where not otherwise restricted, including from consumer data resellers, public records databases, conferences and other events, our Affiliates, social media networks, in accordance with your privacy preferences on such services, third-party payment processors who collect information on our behalf and who also have an independent relationship with you, third party suppliers and sellers, event vendors with which you communicate, survey, contest and sweepstake service providers, researchers and analysts, advertising providers, analytics providers, and/or cookies and tracking technologies deployed on our Platform.
4. Purposes of Processing Your Personal Data
4.1 Other than as stated above under Clause 3.1, we may use your personal data for one or more of the following purposes:
4.2 Where you are a user of the Platform:
4.2.1 to generally provide you with our Services, including to provide community features and posting your content, including any testimonials you provide to us;
4.2.2 to perform our obligations in respect of any contract entered into with you, and for any legitimate business interests that we may have;
4.2.3 to administer your User Account;
4.2.4 to send invoices and receipts (if any);
4.2.5 to assess your usage of our Service;
4.2.6 to process payments (if any);
4.2.7 to verify your financial standing through credit reference checks;
4.2.8 to manage and maintain your relationship with us, and to provide you with customer service and technical support;
4.2.9 to provide you with information on offers and promotions on the Platform which may be of interest to you, including personalised newsletters, marketing or promotional materials, special offers and general information about other products, services and events which we offer that are similar to those that you have previously purchased or enquired about (you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us);
4.2.10 to improve our services and to develop new products and/or services by analysing and researching on how you use our Services;
4.2.11 to notify you about benefits and changes to the features of our Services and/or the Platform;
4.2.12 to notify you of software updates that affect Services provided by us;
4.2.13 to process your participation in any offers, competitions, events, activities, contests, polls, surveys or promotions, and to fulfil the delivery of any prizes to you;
4.2.14 monitor, detect and prevent fraud, spam or malware on the Platform; and/or
4.2.15 to use Cookies (as defined in Clause 13.1) to enhance our processes, advertising, notifications, authentication, security and compliance, analytics and/or preference management.
4.3 Where you are our agent, merchant, supplier, service provider or strategic partner:
4.3.1 for the purposes of engaging you to provide products and/or services to us or our users;
4.3.2 to facilitate or enable any checks as may be required by us in order to engage you;
4.3.3 to process payments relating to any products and/or services you have provided (if any);
4.3.4 to verify your financial standing through credit reference checks;
4.3.5 to provide personalised feedback to you, so that you are able to identify specific areas for improvement; and/or
4.3.6 to contact you in relation to the provision of your products and/or services.
4.4 General:
4.4.1 to respond to your enquiries, feedback and complaints;
4.4.2 to improve the quality, efficiency and utilisation of our Services;
4.4.3 to maintain, update, consolidate and improve the accuracy of our internal database records;
4.4.4 to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
4.4.5 to conduct research for data analytical purposes including but not limited to data mining and analysis of your transaction with us;
4.4.6 to meet the disclosure requirements of any law binding on Twit 2;
4.4.7 for audit, compliance and risk management purposes (including fraud monitoring and prevention);
4.4.8 to assess financial and insurance risks;
4.4.9 to transfer or assign our rights, interests and obligations under any of your agreement(s) with us;
4.4.10 to protect or enforce our rights to recover any debt owing to us;
4.4.11 to maintain the safety and security of our Services;
4.4.12 for crime detection, prevention and prosecution;
4.4.13 to detect, prevent and address any technical issues arise from our Services; and/or
4.4.14 for any other purpose that is required or permitted by any law, regulations and/or guidelines.
4.5 Based on your consent, we have the right to use your photos, images and recordings for our marketing, advertising and publicity purposes without any payment of royalty or image fees to you. We may also publish your name and photo on the Platform at our sole and absolute discretion when you become a winner in a contest which you participate in that we may from time to time organise. If you do not agree to such use, please write to us to request to withdraw your consent.
4.6 We will seek your separate consent for any other purposes which do not fall within the purposes stated in this Clause 4.
5. Disclosure of Your Personal data
5.1 As a part of providing you with our Services and the management and/or operation of the same, we may disclose your personal data (to the extent necessary) to the following third parties:
5.1.1 companies and/or organisations that act as our service providers, strategic partners and/or licensors;
5.1.2 companies and/or organisations that assist us in providing value added services to you (where necessary);
5.1.3 your advisers (including but not limited to accountants, valuers, adjustors, auditors, tax consultants, lawyers, bankers, financial advisers or other professional advisers) which are authorised by you;
5.1.4 any person notified by you as authorised to give instructions or to use the User Account or Services on your behalf;
5.1.5 any rating agency, insurer or insurance broker or direct or indirect provider of credit protection;
5.1.6 any financial institutions, merchants, e-wallet service providers, VISA International Services Association, MasterCard International Incorporated and other card associations in relation to any credit card and/or debit card issued to you;
5.1.7 any person connected to the enforcement or preservation of any of our rights under your agreement(s) with us;
5.1.8 any government departments/agencies and statutory authorities in connection with any investigations or enquiries;
5.1.9 fraud and crime prevention agencies for the purposes of assessing the risk of crime, fraud and money laundering and this is a condition of us entering into any contract with you;
5.1.10 our IT service providers who provide technical infrastructure services, software and development work, analyse how our Services are used, or provide customer service to you; and/or
5.1.11 other parties in respect of whom you have given your express or implied consent.
5.2 With your authorisation, we may disclose your personal data to a third-party. If you authorise this disclosure, the use and disclosure restrictions contained in this Policy will not apply to such third party, as we do not control the privacy practices of any third parties.
5.3 We do not currently have any affiliates, but if we do in the future, we may disclose your personal data to a parent company, any subsidiaries or other companies under a common control (collectively, “Affiliates”), in which case we will require our Affiliates to comply with this Policy.
5.4 Your personal data may also be disclosed as part of any merger, acquisition, joint venture, debt financing, sale of Twit 2 or its business assets, as well as in the event of an insolvency, bankruptcy or receivership in which personal data could be transferred to third parties as one of our business assets. In such an event, we will attempt to notify you before your personal data is transferred, but you may only have the right to opt out of, or object to, any such transfer to the extent allowed under the PDPA.
5.5 The above Clauses 5.1 and 5.2 shall be subject, at all times, to any laws (including regulations, standards, guidelines and/or obligations) applicable to Twit 2 (whether in or outside Malaysia).
6. Disclosure for Marketing and Promotional Purposes
6.1 If you have given us your permission, we may contact you by mail, telephone, SMS, text/picture/video online instant messaging, email or other correspondence methods about our, or our strategic partners’, sponsors’ or advertisers’ products, services, promotions, special offers, events or activities that may be of interest to you.
6.2 We do not and will not disclose, rent, sell or otherwise make available your personal data to third parties for direct marketing purposes.
6.3 If you prefer not to receive any marketing communications, notifications and materials from us, you can opt out at any time by following the unsubscribe instructions or using the unsubscribe links within the emails that we send to you or by writing to us.
6.4 You may select whether or not you wish to continue to receive newsletters, updates, promotional materials, festive greetings or other communications by writing to us. In addition, you may “opt out” of receiving any category of subscription, marketing or promotional email from us by following the unsubscribe instructions or using the unsubscribe links within the emails that we send to you. Please note, however, that as long as you remain as a user with us, you may not “opt out” of receiving user-related notifications and materials from us, failing which, we will not be able to provide user-related services to you.
7. Situations Under Which We Disclose Your Personal Data
7.1 Save as set out above, we will otherwise treat your personal data as private and confidential
and will not disclose your information to anyone except in any of the following situations:
7.1.1 where you have given permission for us to disclose your personal data in accordance with this Policy;
7.1.2 where we are required or permitted to do so by law;
7.1.3 where required or authorised by any order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction over Twit 2;
7.1.4 where we may transfer rights and obligations under this Policy; and/or
7.1.5 where we are required to meet our obligations to any relevant regulatory authority.
8. Data Security
8.1 As we are committed to protecting your personal data, we will take reasonable security arrangements to safeguard your personal data in our possession or control from (a) unauthorised access, collection, use, disclosure, copying, modification or similar risks; and (b) the loss of any storage medium or device on which your personal data is stored.
8.2 Any of your personal data provided to us are stored on secure servers located in Malaysia. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will also apply and maintain an appropriate security procedure to manage and protect the use and storage of records containing your personal data, and this includes regularly reviewing and updating the technical and organisational security measures governing the processing of personal data to be carried out.
8.3 We will not retain any personal data for a period longer than is necessary for the fulfilment of the purpose for which it is to be processed. We will take reasonable steps to ensure that such personal data is destroyed or permanently deleted when it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, or is no longer necessary for our legal or business purposes.
9. Your Obligation to Provide Complete Personal Data
9.1 Where indicated, we require you to provide your personal data to us to enable us to process your information to enable us to provide our Services. Should you decline to provide such obligatory personal data, we may not be able to provide you with our Services.
9.2 You confirm that all your personal data is true, accurate and complete and that none of the personal data provided is misleading or outdated. In the event of any change to your personal data, you will promptly update us on any such change.
10. Your Rights to Access and Correct Your Personal data
10.1 We can assist you to access and correct your personal data provided to us, and the following will apply:
10.1.1 You may have access to your personal data collected and stored by us by making a request by writing to us, subject to your payment of the relevant processing fee (if applicable). If you make such a request, we will use reasonable efforts to provide you with a copy of the requested personal data within twenty-one (21) days of receiving your duly completed ‘Access Request Form’ and the processing fee. If we are unable to provide you with access to any of your personal data or to make a correction requested by you, we will provide you with the reasons why we are unable to do so (or if we are not required to do so under the PDPA).
10.1.2 Please note that Twit 2 may have to withhold access to your personal data in certain situations, for example when we are unable to confirm your identity or where information requested for is of a confidential nature or in the event where 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.
10.1.3 Where your request for data access is successful and 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 correct such personal data.
10.1.4 You can also assist us to keep your personal data (such as your current mailing address) up-to-date, as it will enable us to serve you better.
10.1.5 In the event you wish to correct or update your personal data previously provided to us, you may write in or notify us at the address provided in Clause 11. We will use reasonable efforts to comply with your request to correct your personal data within twenty-one (21) days of receiving your written request.
10.1.6 Please note that Twit 2 may use its discretion in allowing the correction or update requested or may require further documentary evidence of the new information to avoid fraud and inaccuracy.
11. Exercising Your Choices in Respect of The Disclosure and Use 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 and use of your personal data by Twit 2. You may, at any time, access, correct, or update your personal data in your User Account, or any personal data stored with us. You may also delete any of your personal data from your User Account, or otherwise request for your personal data to be deleted from your User Account and/or our data servers. Should you wish to do so, you may email your request to us at [email protected]
12. Transfer of Personal Data
12.1 We currently do not transfer your personal data outside of Malaysia. In the event that we do, your personal data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia where Twit 2’s servers and/or service providers and partners may be located. We will also take all necessary steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA and in accordance with this Policy.
12.2 Your usage of our Services followed by your submission of such information represents your agreement to that transfer. You understand and consent to the transfer of your personal data out of Malaysia as described herein, and such consent shall be deemed to remain valid until you have deactivated your account [or uninstall the mobile application from your devices, and make a written request to us for the termination of use or transfer of your personal data by us.
13. Cookies and Tracking
13.1 Twit 2, its Affiliates, licensors, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with your use of the Platform to track the activity on our Platform and we hold certain Cookies information to track, analyse and improve our Services. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of our Services, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.
13.2 Twit 2 may allow third parties to use Cookies on the Platform to collect the same type of information for the same purposes Twit 2 does for itself. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have any responsibility, access to, or control over the Cookies they use.
13.3 Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address), to facilitate the display of targeted advertising.
13.4 If you do not wish for your personal data to be collected via Cookies on the Platform, you may deactivate Cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser. You may also be able to limit our sharing of some of these information through your mobile device settings.
14. Links to Third-Party Websites
The Platform may contain links to third parties’ websites. If you click on a third-party link, you will be directed to that third party’s site. Please note that Twit 2 is not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. If you provide information directly to such sites, the privacy policy and terms of service on those sites are applicable and Twit 2 shall not be responsible for the information processing practices or privacy policies of such sites. We strongly advise you to review the privacy policy of every site you visit.
15. Personal Data from Minors and Other Individuals
15.1 Our Service is not intended to extend to, nor do we knowingly collect personal information of, anyone under the age of eighteen (18). As a parent or legal guardian, you are under the obligation to not allow a minor (individuals under eighteen (18) years of age) under your care to submit personal data to Twit 2 in their own capacity. In the event that such personal data is provided to Twit 2, you hereby consent to the processing of the minor’s personal data and personally accept and agree to be bound by this Policy and take responsibility for his or her actions.
15.2 In some circumstances where you may have provided personal data relating to other individuals (such as your spouse, family members, friends, business partners, shareholders or directors), in such circumstances you represent and warrant that you are authorised to provide their personal data to Twit 2 and you have obtained their consent for their personal data be processed and used in the manner as set forth in this Policy.
15.3 If we become aware that we have inadvertently collected personal data from anyone under the age of eighteen (18) without verification of parental consent, we will take steps to remove that information from our servers.
16. Enquiries or Complaints
Should you have any queries, concerns or complaints in relation to this Policy or how we handle your personal data, you may email us at [email protected]
17. Amendment and Language
17.1 Twit 2 shall have the right to modify, update or amend the terms of this Policy at any time, and from time to time by placing the updated Policy on the Platform, which shall be effective immediately. By continuing to communicate with Twit 2 and/or continuing to use our Services following the modifications, updates or amendments to this Policy, you acknowledge that such actions shall signify your acceptance of such modifications, updates or amendments.
17.2 In the event of any conflict between the English and other language versions of this Policy, the English version shall prevail to the extent of the conflict.
Last updated date: 01-08-2022