Savonix User Agreement – Malaysia (“Malaysia Rider”)
Effective date: [30 July 2019]

This Malaysia Rider is supplemental to the User Agreement and Privacy Policy (accessible at: https://savonix.com/terms-and-privacy/). Except as expressly amended by this Malaysia Rider, the User Agreement and the Privacy Policy shall remain in full force and effect.

User Agreement

If you are located in Malaysia, the following provisions shall apply:

  1. After the sentence of “You understand and agree that Savonix is located in the United States, that we will process and store your information, including your Personal Information on servers in the United States, and that your use of the Services will be governed by the laws of the State of California, United States. If you do not agree, you may not use the Services.” in the section entitled “Eligibility and Access to the Services”, the following paragraph shall be added:
    “You hereby explicitly consent to: (i) the collection and processing of your personal information (the reference to “personal information” shall include any sensitive personal data within the meaning of the Personal Data Protection Act 2010 (“PDPA”)); and (ii) the transmission and storage of your personal information outside of Malaysia, as further elaborated in the Privacy Policy. If you do not agree, you may not use the Services.”
  2. The sentence of “The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@savonix.com.” in the section entitled “Eligibility and Access to the Services” shall be replaced with the following sentence:
    “The PDPA requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 18. We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at info@savonix.com.”
  3. The sentence of “If you think you may have a medical emergency, call your doctor or 911 immediately.” in the section entitled “Miscellaneous: No Medical or Other Professional Advice” shall be replaced with the following sentence:
    If you think you may have a medical emergency, call your doctor or 999 or 991 immediately”.
  4. The sentence of “For all purposes of this User Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.” in the section entitled “Miscellaneous: Choice of Law; Arbitration” shall be replaced with the following sentence:
    For all purposes of this User Agreement, if the agreement on arbitration set out above does not apply, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California”.

Privacy Policy

If you are located in Malaysia, the following provisions shall apply:

  1. The following additional sentence shall be included at the end of the paragraph under the header “Protection of Savonix and Others”:
    You further agree and acknowledge that Savonix may rely on any exception(s) under the Personal Data Protection Act 2010 (“PDPA”) in the collection, use and disclosure of Personal Information (the reference to “personal information” shall include any sensitive personal data within the meaning of the PDPA).”
  2. The following additional sentence shall be included at the end of the paragraph under the header “How does Savonix use the Personal Information it Collects?”:
    “The purposes listed in this Privacy Policy may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).”
  3. The sentence of “As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@savonix.com.” in the section entitled “What does this Privacy Policy cover?” shall be replaced with the following sentence:
    “As noted in the Terms of Use, the PDPA requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 18. We do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at info@savonix.com.”
  4. Under the heading “International Transfer” the following paragraph shall be included:
    Savonix will take reasonable steps, in the circumstances, before your personal data is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal data, and that such foreign recipients of your personal data provide a standard of protection comparable to the protection under the PDPA.
    You hereby explicitly consent to your personal data provided to Savonix being: (i) transferred to, stored by or disclosed to an overseas recipient (e.g. Savonix may use a server hosted overseas to store data, which may include your personal data); and/or (ii) processed by employees or by other third parties operating outside of Malaysia who work for or with Savonix, or by the representatives and employees of Savonix’s affiliates. If you do not agree, you may not use the Services.”
  5. Under the heading “How will Savonix Communicate with me?” the following shall replace the “CA Marketing Emails” section:
    “Direct Marketing (Opt-out): Under the PDPA, you are entitled to contact us to cease or not to begin processing your personal data for direct marketing purposes. In order to submit such a request, please contact us at info@savonix.com.”
  6. Under the heading “What choices do I have?”, the following shall be included:
    “Withdrawing Your Consent
    The consent that you provide for the collection, use and disclosure of your Personal Information will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your Personal Information for any or all of the purposes listed above by submitting your request to info@savonix.com or to the designated personnel at the contact details provided in the section below.
    Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
    Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our Services to you and we shall, in such circumstances, notify you before completing the processing of your request.
    Please note that withdrawing consent does not affect our right to continue to collect, use and disclose Personal Information where such collection, use and disclose without consent is permitted or required under applicable laws.”

    Access to and Correction of Personal Information
    If you wish to make (a) an access request for access to a copy of the Personal Information which we hold about you or information about the ways in which we use or disclose your Personal Information, or (b) a correction request to correct or update any of your Personal Information which we hold about you, you may submit your request to info@savonix.com or to the designated personnel at the contact details provided in the section below.
    Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
    We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under applicable laws).

    Retention of Personal Information
    We may retain your Personal Information for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
    We will cease to retain your Personal Information, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Information was collected, and is no longer necessary for legal or business purposes.”