PRIVACY NOTICE

For the purposes of this Privacy Notice, “Funding Societies”, “we”, “us”, or “our” refers to Modalku Ventures Sdn Bhd, FS Capital Sdn Bhd, FS Technologies Pte. Ltd. and its related corporations and affiliates and “you”, “your” or “yours” means the natural persons to whom this Privacy Notice apply.

At Funding Societies, we respect your personal data and we strive to ensure that your personal data is protected. The security of your personal data is important to us and we shall maintain appropriate physical, technical and organisational measures needed to ensure the security and confidentiality of your personal data. This Privacy Notice outlines how Funding Societies collects, uses, maintains and discloses your personal data in respect of our services and how Funding Societies safeguards the personal data

1. Collection of Personal Data
You may be asked, may have supplied and may continue from time to time, to provide any information, including but not limited to, information to establish your identity, name, background (including your images), addresses, contact numbers, email addresses, IP addresses, operating systems, browser types, contact details, financial data, creditworthiness information, audio recordings, data generated when you apply for or interact with any of our products and/or services such as advertising and marketing data, analytics data, product personalization and app functionality data, crash data and other information (“ Personal Data”). We may collect and obtain these Personal Data from yourself or from a variety of sources, including but not limited to from your submission of your Personal Data when you apply for any of our products and services; from your relationship with us; from recordings of closed circuit television (CCTV) installed at our premises; from any analysis of the way you use and manage your account/facility with us; from publicly available sources or registries; from government authorities, regulatory authorities and/or law enforcement agencies; from third parties or other sources in respect of which you have given your consent to disclose the Personal Data and/or where not otherwise restricted; from meetings, events, seminars, conferences, talks, road shows, surveys organised or sponsored by us; and/or from any information that is supplied and/or collected when you visit our websites which include your mobile device or computer's IP address or from any information that is collected via cookies on some of our websites. For the avoidance of doubt, the product interaction data or crash data collected are not linked to the user’s identiy and will not be used for tracking purposes. You have the choice, at any time, not to provide your Personal Data to us, however, failure to provide your Personal Data to us may result in Funding Societies being unable to provide you with our products and services.

2. Usage of Personal Data
During the course of our service, we may utilise, process and/or disclose your Personal Data for the following purposes in and/or outside Malaysia (“Permitted Purpose”):

1. to assess and process your applications for our products and/or services; 

2. to communicate with you including responding to your enquiries and/or complaints and resolving disputes;

3. to manage and maintain your accounts/facilities with us; 

4. to conduct credit checks to assess or verify your credit/financial worthiness and to assist other financial institutions to conduct credit checks; 

5. to evaluate your financial needs; 

6. to utilise the same for strategic alliances, cross selling, marketing, and promotions;

7. to maintain your credit history for present and future references;

8. to detect crime or fraud, and to utilise and disclose the same for investigation, prevention, prosecution and compliance with sanctions, including know your customer (KYC) and regular politically exposed persons (PEP) screening purposes; 

9. to respond to the requirements of a civil or criminal legal process and/or for regulatory compliance purpose and/or as required by law or regulation; 

10. to collect any debt due or owing and to enforce your obligations to us; 

11. to utilise and disclose the same for market research and statistical analysis and surveys with the aim of improving our products and services and product development; 

12. to provide you with the information on our and third-party products and services which may be of interest to you; 

13. to compare information/data for accuracy of our record, and to verify the same with third parties; 

14. to utilise the same for research, design and improvement of our products and services, operational and business processes; 

15. to support our business, financial and risk monitoring, planning and decision making; 

16. to handle complaints and queries; 

17. to utilise and disclose the same for audit, compliance and risk management; 

18. to transfer or assign our rights and duties under any governing terms and conditions between us and yourself; 

19. to utilise the same for our outsourcing of business and backroom operations; 

20. to utilise and disclose the same for security reasons; 

21. to transfer your Personal Data to foreign jurisdictions to enable any cross-border transactions, for the performance of a contract, for the purposes of legal proceedings, upon written request from a foreign regulatory or government authority or body, to protect your vital interest or where it is in the public interest to do so; and/or 

22. for any other purposes that is required or permitted by any law, regulation, order and/or guidelines.

3. Disclosure of Personal Data
Your Personal Data held by us shall be kept confidential at all times. However, in order to provide you with effective and continuous products and services subject to any laws, regulations and guidelines and for the Permitted Purpose, we may need to disclose your Personal Data to the following parties:

1. Funding Societies’ agents, holding companies, subsidiaries, affiliates and associates; 

2. professional advisers, contractors, service providers, debt collection agencies and our other agents with whom we have contractual agreements for some of our functions and services; 

3. credit bureau, credit reporting agencies, credit reference agencies, rating agencies, insurers and/or insurance brokers; 

4. financial service providers in relation to the products and services that you have with us; 

5. any actual or potential participants or assignee or transferee of our rights and/or obligations under any transaction between us and you;

6. any guarantor or security provider for the products and/or services granted by us to you; 

7. any authorities or regulators, including foreign regulators for the performance of their functions, or any party as required by any law or any government, quasi-government, administrative, court or tribunal; 

8. strategic/business partners with whom we have a relationship with for specific products and services; 

9. any person connected to the enforcement or preservation of any of our rights under your agreements with us; and/or 

10. any party authorised and/or consented by you.

4. Changes to Personal Data 
You are entitled to review the Personal Data that we have collected about you and request for corrections to the Personal Data. If there are any changes to your Personal Data or if you believe that the Personal Data we hold about you is inaccurate, incomplete, misleading or not up-to-date, kindly write in to us or email your request to our Data Officer ([email protected]) setting out your name and NRIC/Passport number/Company number, the details of your request, together with the supporting documents. A fee may be charged for this service. We shall correct or update the information/data as soon as possible. For the avoidance of doubt, the Data Officer may request information or documents from you to verify your identity and the authenticity of the request made and any other information relating to the corrections requested. 

5. Removal of Personal Data
The consent that you have provided us for the collection, usage and disclosure of your Personal Data shall remain valid until such time it is being withdrawn by you in writing. We allow you the opportunity to remove your Personal Data (save for the information which is necessarily retained by us to comply with legal or regulatory requirements, storage purposes, or if there are valid grounds under the law to do so, such as legal claims etc.) from our database or to request for us to cease processing all or part of your Personal Data by giving a written instruction to our Data Officer. We will require a reasonable amount of time to process such notices. Please note that after deleting your Personal Data, we may not be able to provide the same level of service to you as we will not be aware of your preferences.

We reserve the right to take necessary actions if we feel that such removal or cessation would not allow us to provide our products and services or fulfill our obligations in a satisfactory manner. This includes our entitlement to refuse to provide or cease providing any facilities, products or our services to you.

Where you have requested that we remove or cease the usage of your Personal Data that we have made public and there are valid grounds for such removal or cessation, we will use reasonable and cost effective steps to inform others that are displaying your Personal Data or providing links to the Personal Data to remove the same. 

6. Portability
You have the right to receive your Personal Data which you have provided to us in a structured, commonly used and machine-readable format and you have a right to request that we transfer such Personal Data to another party. 
If you wish for us to transfer the Personal Data to another party, we can only do so where it is technically feasible. We are not responsible for the security of the Personal Data or the processing of the same once received by a third party. We reserve our rights to refuse the transfer if such transfer would interfere with another person’s rights (e.g. where providing the Personal Data we hold about you would reveal information about another person)

7. Profiling 
We may process some of your data automatically, with the goal of assessing certain personal aspects (profiling). For example, we may use the profiling due to certain legal and regulatory requirements, to combat money laundering, terrorist financing, fraud, assessment of risk and offences that pose a danger to assets. 

8. Enquiries and Complaints 
You have the right to object at any time to the processing of your Personal Data for direct marketing purposes, and profiling to the extent related to direct marketing and to the extent permitted under the Malaysian law, and to the processing of your personal data for the Permitted Purpose. Any queries, requests, concerns, complaints or exercise of your rights regarding the use of your Personal Data may be raised to the respective Data Officer below:-

Data Officer 
(Customer Experience)
Tel: 03 2202 1013
Email: [email protected] 

In applying for, using or continuing to use our services, including any other contractual relationship which you may have with us, you shall be deemed to have accepted and consented to the terms of this PDP Notice. If you do not consent to the terms herein, kindly contact us at the abovementioned contact details. 

9. Changes to the Privacy Notice 
Please note that we may update this Privacy Notice from time to time via posting on our website. You are advised to periodically view our website for any updates or the most current version of our Privacy Notice. Your continued usage of our services or continued relationship with us shall be deemed as acceptance of any updates, revisions or amendments made to our Privacy Notice.  

10. Language
This Notice is issued in both the English and Malay languages. In the event of any inconsistency between these two versions, the English version shall prevail.

11. Consent and Acknowledgement
By providing us with your Personal Data, you hereby consent to the usage, processing and/or disclosure of your Personal Data in accordance with this Privacy Notice. If you are a corporation whereby you have provided/disclosed Personal Data of individual third parties including but not limited to your directors, individual shareholders, employees, authorized signatories, agents, representative or otherwise, you hereby represent and warrant to us that you have the consent of such third parties and are entitled to provide their Personal Data to us to be used, processed and/or disclosed in accordance with this Privacy Notice. 

12.   Cookies Policy
As part of the data collection process, Funding Societies may use Cookies and any other similar technologies to collect your information when you visit or use our website at https://fundingsocieties.com.my/ including other channels such as mobile application (collectively called “Site”) as part of further improving our Site and your experience in using our Site.

Use of Cookies for Collection of Data

What are Cookies?

Cookies are a type of file in the form of text. Cookies are created by the server when the user accesses the website and the server records it in your browser. The content of such Cookies are reviewable and readable by the server that creates such Cookies and such content shall be returned to the website in each access. The Cookies consist of identifiable information, website name, numbers and letters which collect information about your behaviour and preferred selection performing in the browser.

Most of the browsers support Cookies, however, you can adjust the setting of the browser to stop the use of cookies or the sending of information of some types of Cookies and/or deleting information contained in the Cookies any time.

Why are Cookies used?

Funding Societies uses Cookies on Site to collect information from the visitor and user on Site so that we are able to understand your purpose for use of and relationship to content on the Site for better management and improvement of your user experience.

What kind of Cookies is used by the Company?

During your access or use of Site, you may find us using the following Cookies:

• Cookies for Advertising

Cookies for advertising are recorded on your browser by the ad servers for the purpose of presenting and advertising products and services to you. The ad server uses this kind of Cookies to collect your information when you access the Site and selects the right advertising to propose to your browser, It may also collect information whether such advertising is viewed by you or not. Cookies may use information forwarded from online newsletter and content collected from the server in order to provide a deeper understanding of the user and serve the purpose of adjustment of website and advertising campaign suitable for your interest.

• Cookies for Analysis of Performance

Cookies for analysis of performance detect what the users/visitors view on the Site and how the users/visitors respond to the Site. This type of Cookies collect information that allows Funding Societies to know the aspect of performance and features in the Site that perform best, and the aspect of performance and features that should be adjusted for the Site to work better. This type of Cookies assist Funding Societies to measure the performance such as processing numbers of activities being used by you, numbers of specific aspects of such group of users which such information shall be used to analyze the user behaviour.

• Permanent Cookies

Permanent Cookies of Funding Societies are necessary Cookies in the Site in order for the Site to perform normally

In the event where there are no Cookies of the owner of the Site, or you elect for the Cookies to stop performing on your browser, it shall cause impact to the Site to perform normally.

• Cookies for Record of Performance and Customized Setting of the User

This type of Cookies are used for the Site to record the visitors/users on the Site including setting of the visitor/user on the Site. This type of Cookies shall be used to record viewed history of the websites made by the user and record setting and preference of the user each time when they visit the website then if they revisit, the setting will not be reset, for example, language setting or size of letters shown in the website.

• Security Cookies

Security Cookies are used to identify and protect against security risk. Funding Societies shall use Cookies to identify users and protect the user and rights / services of the user from any person who may use the user’s data in an illegitimate or unauthorized manner.

• Cookies for Site Management

This type of Cookies are used for the Site to know and identify you and your information from time to time when you use the services on the Site in order to protect you from being disconnected from the Site without your knowledge. Once you disabled these types of Cookies, all other Cookies are disabled simultaneously.

• Third Party Cookies

Our Site may contain some links to websites or social media platforms operated by third parties for example Facebook, Google, Tiktok, and Line. These third party websites and cookies are customized and managed by the respective third party. Therefore, the third party cookies are not subject to our control and we shall not be liable for any negative impact of the third party cookies. In addition, we encourage you to carefully review the cookies policies by such third parties.

Change your Cookies Setting

If you intend to close and delete permission to use Cookies of the third party to use in the Site, you can implement such action by following the instruction stipulated by each browser. 

Other website

This website may have connectors to other websites if you press a link to the other website which allows third parties to collect and disseminate your data. Funding Societies does not control other websites and has no responsibility towards the privacy notice on such websites. Once you exit the Site, Funding Societies suggests you read the privacy notice of every website you access.

Data Protection

Please note that collection of data via Cookies has collection of some privacy data (as explained above). Therefore, the use of Cookies for collection of privacy data shall be under the provision and privacy notice of Funding Societies. You shall consider details relating to the protection of data privacy protection in privacy notice.