SMART MONEY ACADEMY - PRIVACY POLICY (SMARTMONEY.MY)

USER AGREEMENT

1. This agreement describes your rights and the conditions upon which you may use the Smart Money software. You should review the entire agreement, including any supplemental license terms that accompany the software and/or any linked terms, because all of the terms are important and together create this agreement that applies to you. 2. By accepting this agreement and/or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in this agreement. If you do not accept and comply with these terms, you may not use the software or its features. You may contact the software installer, and/or your agent if you purchased the software directly and/or Smart Money Support team, to determine its return policy and/or return the software for a refund and/or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any.

GENERAL TERMS

1. This agreement applies to the Smart Money software that is installed on your device, or acquired from a website (smartmoney.my) and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any Smart Money updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to any Smart Money software developed by Smart Money that provide functionality such as analysis tool, technical currency tools, crypto analyst, commodities analyst, metal analyst and/or any technical analyst that are included with and are a part of Smart Money. If this agreement contains terms regarding a feature or service not available on your device, then those terms do not apply.

2. Smart Money software provide an access point to, or rely on, online services, and the use of those services is sometimes governed by separate terms and privacy policies. You can view these terms and policies by looking at the service terms of use or the software’s settings, if any.

3. The software may include third-party programs that are licensed to you under this agreement such as Microsoft and/or Metaquotes and/or any other third-party programs, or under their own terms. License terms, notices and acknowledgements, if any, for the third-party programs can be viewed at their official website and/or software and/or handbook and/or any link that might provide such agreement.

4. This agreement governs your initial purchase of Smart Money Software, Support and Maintenance for the software, and/or any Additional Services, as well as any future purchases made by you that reference this agreement. This agreement includes each the Smart Money Policies, the Product-Specific Terms, and any other referenced policies and terms. The software and its permitted use are further described in the agreement.

5. Account Registration. You must register for an account with us in order to access or receive Smart Money Software. Your registration information must be accurate, current and complete. The company have all the rights to keep your information. You must keep your registration current so that we may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your account, including payment made. If you order Software through Official Smart Money Agent (the list of the official agent in the official website), then you are solely responsible for (i) any access by Official Smart Money Agent to your account and (ii) any related rights or obligations in your applicable agreement with the Official Smart Money Agent.

6. Authorized Users. Only Authorized Users may access and use the Smart Money Software. Smart Money Software may allow you to designate different types of Authorized Users, in which case pricing and functionality may vary according to the type of Authorized User. You are responsible for compliance with this Agreement by all Authorized Users, including what Authorized Users do with your data, and for all fees incurred by Authorized Users (or from adding Authorized Users). All use of Software must be solely for the benefit of you or your Affiliates (except as expressly permitted in this agreement below) and must be within the Scope of Use.

7. We may change these Terms of Use at any time. If you continue to use Smart Money Software after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. You will always have access to our Terms of Use and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to Smart Money Software’s users.

8. We may discontinue and/or change any service or feature on Smart Money at any time without notice. We do not guarantee backward compatibility of our services and Application Programming Interface (API) in this case.

9. You may not use any data mining, robots or similar data gathering and extraction tools on the Smart Money content, frame any portion of Smart Money or its content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Smart Money content without our prior written consent. You may not circumvent any mechanisms included in the Smart Money content for preventing the unauthorized reproduction or distribution of the Smart Money content.

10. Except as otherwise expressly permitted by the preceding paragraph, you agree not to sell any of the services or materials in any manner or for any purposes, without the prior expressed written consent of Smart Money and/or our Data Providers. In addition, you shall not, without the prior expressed written consent of Smart Money and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.

11. Smart Money cannot and does not represent or guarantee that any of the information available through our services or on Smart Money is hundred percent (100%) accurate, reliable, current, complete or appropriate for your needs. Various information available through our services or on Smart Money may be specially obtained by Smart Money from organizations and/or third party and/or company and/or online database and/or any resources that we found suitable, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information. Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by Smart Money. We make no warranty and assume no obligation or liability for scripts, indicators, ideas and other content of third parties. Your use of any third-party scripts, indicators, ideas and other content is at your sole risk.

12. Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through Smart Money or our services.

13. This Agreement shall be governed by the laws of Malaysia and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in Malaysia.

DATA PROTECTION AND PRIVACY POLICY

1. Smart Money is committed to protecting your privacy. This data protection and privacy policy sets out how we use and protect the information you give us through this website and/or software.

2. This Policy applies to personal information about individuals (user, agent and/or any interested parties) held by us. We will only process your Personal Data in accordance with the Personal Data Protection Act 2010, the applicable regulations, guidelines, orders made under the Personal Data Protection Act 2010 and any statutory amendments or re-enactments made of the Personal Data Protection Act 2010 from time to time (collectively referred to as the “PDPA”) as well as this Policy.

3. The PDPA requires us to inform you of your rights in respect of your Personal Data that is being processed or that is to be collected and further processed by us and the purposes for the data processing. The PDPA also requires us to obtain your consent to the processing of your Personal Data. In light of the PDPA, we are committed to protecting and safeguarding your Personal Data.

4. By providing your Personal Data to us and/or continuing access to our website (“Site”), you declare that you have read and understood this Policy and agree to us processing your Personal Data in accordance with the manner as set out in this Policy.

5. We reserve the right to modify, update and/or amend this Policy from time to time with reasonable prior notice to you. We will notify you of any amendments via announcements on the Site or other appropriate means. Please check the Site from time to time to see if there are amendments to this Policy. Any amendments to this Policy will be effective upon notice to you. By continuing to use the services and/or access to the Site after being notified of any amendments to this Policy, you will be treated as having agreed to and accepted those amendments.

6. The term “Personal Data” means any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or are identifiable from that and other information in our possession, such as name, address, telephone number, Identification/Passport number, date of birth, photograph, email address, household information, etc. as well as Sensitive Personal Data as defined under the PDPA, which includes but is not limited to, information pertaining to the physical or mental health or condition of a data subject and religious beliefs.

7. The Personal Data as provided/furnished by you to us or collected by us from you or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the “Purposes”):

• to communicate with you; • to maintain and improve customer relationship; • to assess, process and provide products, services and/or facilities to you; • to administer and process any payments related to products, services and/or facilities requested by you; • to establish your identity and background; • to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us; • to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns; • for internal administrative purposes; • to monitor, review and improve our events and promotions, products and/or services; • to process any payments related to your commercial transactions with us; • to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to our products and/or services; • to share any of your Personal Data with the auditor for our internal audit and reporting purposes; • to share any of your Personal Data pursuant to any agreement or document which you have duly entered with us for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action; • for detecting, investigating and preventing fraudulent, prohibited or illegal activities; • for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to; • to transfer or assign our rights, interests and obligations under any agreements entered into with us; • for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us; • to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations; • for other purposes required to operate, maintain and better manage our business and your relationship with us, which we notify you of at the time of obtaining your consent; and you agree and consent to us using and processing your Personal Data for the Purposes in the manner as identified in this Policy. If you do not consent to us processing your Personal Data for one or more of the Purposes, please notify us at the contact details below.

8. Subject to the exceptions provided under the PDPA, you have the right to request for access to, request for a copy of, a request to update or correct, your Personal Data held by us. We may charge a small fee (such amount as permitted by the PDPA) to cover the administration costs involved in processing your request to access your Personal Data.

9. In respect of your right to access and/or correct your Personal Data, we have the right to refuse your request to access and/or correct your Personal Data for the reasons permitted under the law, such as where the expense of providing access to you is disproportionate to the risks to your privacy, or where the rights of others may also be violated, amongst other reasons.

10. You have the right at any time to request us to limit the processing and use of your Personal Data (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).

11. In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be affected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, it may mean that we will not be able to continue with your existing relationship with us and/or the contract that you have with us will have to be terminated.

12. The types of Personal Data collected depend on the purpose of collection. We may “process” your Personal Data by way of collecting, recording, holding, storing, using and/or disclosing it.

13. Any of your Personal Data provided to us is retained for as long as the purposes for which the Personal Data was collected continues; your Personal Data is then destroyed from our records and system in accordance with our retention policy in the event your Personal Data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax or accounting requirements.

14. We cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control.

15. The Internet is not a secure medium. However, we will put in place various security procedures with regard to the Site and your electronic communications with us. All our employees, joint venture/business partners, agents, contractors, vendors, suppliers, data processors, third-party product and/or service providers, who have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data.

16. We will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your Personal Data for the Purposes set out in this Policy.

17. We are committed to ensuring that your Personal Data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, we endeavour, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorised or unlawful processing of your Personal Data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your Personal Data.

18. If you do not agree to this Policy or any amendments to this Policy, we may not be able to render all services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using the site and software

19. Smart Money has put in place technology and standards to protect stored and transmitted personal information you give us. This includes encryption software and strict security standards. However, while we are committed to protecting your personal data, we do not guarantee unauthorised or accidental access to such data.

20. By giving us your personal information, you are giving us consent to collect, use and disclose your personal information under the terms of this policy and any relevant privacy and data protection laws in Malaysia. If you do not wish to give us this consent, then please do not use any of the electronic forms in our website.

21. We will also disclose your personal data to government authorities if we are forced to by law. We may also disclose your personal information to anyone else that has a right to it under Malaysian law so long as they can prove they have the authority to do.

22. We will keep any personal information you give us as long as there is a reason to do so, for instance to satisfy the law or regulations, or to protect our interests. If not, then we will destroy it by purging it from our electronic, manual, and other filing systems according to our internal procedures and schedules.

23. In the event of any conflict between this English language Personal Data Privacy Policy and its corresponding Bahasa Malaysia Personal Data Privacy Policy, the terms in this English language Personal Data Privacy Policy shall prevail.

PERSONAL DATA

User Accounts If you decided to create an account, you will need to provide us with some personal data so we can provide you with access to our additional services that users benefit from. You may also elect to provide us with additional information about you, as described below.

During registration you will be required to provide us with either:

• your username, email address; • your Identical Card Number; • your account information with one of the following social Internet services: Facebook, Twitter, Google, Yahoo!, LinkedIn; and • if you want to buy a subscription, we will need your first name, last name and postal address.

In some cases, you may need to provide and verify your phone number. You can also add additional information about yourself in the profile settings, however, this is not mandatory. The user must make sure the information are accurate as the system and/or software might not allowed the user to change the information in the future.

The following information will not be publicly displayed:

• your first and last name, phone number, email, company, address, and payment account.

Payment system Our third-party payment processor will also process information about your debit/credit card and bank account information that we require for the purpose of recording and processing your account registration. For further details, please refer to the point below titled "Payment information", under the section headed, "When we share your personal information."

Contact data We also process any personal data you choose to give when corresponding with us by phone, email, or otherwise visiting and interacting with this Website or any other services we operate.

Cookies and Sessions We use browser cookies (small text files placed on your device) to administer our Site, gather and analyze statistical information, ensure security, to fight spam, and for advertising purposes. Cookies allow us to provide you with a better user experience when you browse our website and helps to improve its features.

Log files Like most websites, we use web server log files. Records in our log files include internet protocol (IP) addresses, browser types, internet service providers, referring pages, exit pages, platform types, and date/time stamps. We use web server log files to administer the site, provide broad traffic information for site planning purposes, and to ensure that our terms of service agreement is being adhered to. Note that IP addresses are not tied to personal data in our web server log files.

Device information We collect the following information about the devices you use to interact with our services: IP address of the device (from which we can also infer the country you are connecting from), operating system, and browser version. We collect this information to prevent spam and abuse of our services. IP addresses may be considered personal data in certain jurisdictions, and will be treated in accordance with this privacy policy.

Analytics When you are using our website, mobile and desktop applications, or widgets we provide to another site, we may collect analytics information automatically. This information may include your general device information, device identifiers (for example, Google Advertising ID, if you are using an Android device, or Advertising Identifier (IDFA), if you are using an iOS device), network information, website, and application interaction events. We collect pseudonymous data only and this analytic information does not include any personal identifiable information from your profile. We use this information to analyse and improve the work of our services and applications, and to develop, test, and improve our service further. For this purpose we may use internal analytic as well as third party service providers.

Latest Documentation : 2021 June, 17