This Privacy Notice (“Notice”) describes how Fathopes Energy Sdn Bhd, its respective subsidiaries, affiliates, associated companies and jointly controlled entities (collectively “FHE”, “we”, “us” or “our”) collect, use, process and disclose your Personal Data through the use of FHE’s mobile applications and websites (respectively “Apps” and “Websites”), as well as products, features and other services globally, operated by FHE (collectively, “Services”).
This Notice applies to our consumers, agents, users, vendors, suppliers, partners (such as driver and merchant partners), contractors and service providers (collectively “you”, “your” or “yours”).
“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information, employment information and financial information.
COLLECTION OF PERSONAL DATA
We collect Personal Data about you in the ways listed below. We may also combine the collected Personal Data with other Personal Data in our possession. If you have or are a party to multiple relationships with us (for example if you use our Services across our various business verticals, or if you are both a driver partner/delivery partner as well as a consumer or user or agent to our Apps or on our other business verticals), we will link your Personal Data collected across your various capacities to facilitate your use of our Services and for the Purposes described below.
You provide your Personal Data to us
We collect your Personal Data when you voluntarily provide it to us. For example, you may provide your Personal Data to us when you:
complete a user profile or registration forms (such as your name, contact information and other identification information where needed); ● provide information to assess your eligibility to provide services as a Fathopes Energy app user, agent partner or PUSH partner (such as your driver’s license information, vehicle information and background check results (as legally permissible));
interact with our social media pages (such as your social media account ID, profile photo and any other publicly available data);
participate in contests or events organised by us (such as the pictures, audio files, or videos you may submit, which may include images of yourself);
verify your identity through various means (such as social media logins, submission of selfie images or independently verified payment card information); and
fill up demographic information in surveys (such as your age, gender, and other information you may volunteer such as your marital status, occupation, and income information);
In certain circumstances, you may need to provide your Personal Data in order to comply with legal requirements or contractual obligations, or where it is necessary to conclude a contract. Failure to provide such Personal Data, under such circumstance, may constitute failure to comply with legal requirements or contractual obligations, or inability to conclude a contract with you, as the case may be.
For purposes such as detection and prevention of fraud, we may also collect your Personal Data without consent, by relying on Legitimate Interests or other exemptions provided by the applicable data privacy laws.
When our services are used
Personal Data may be collected through the normal operation of our Apps, Websites and Services. Some examples are:
your location (to detect pick-up locations and abnormal route variations); ● feedback, ratings and compliments;
transaction information;
information about how you interacted with our Apps, Website or Services (such as features used and content viewed);
device information (such as hardware model and serial number, IP address, file names and versions, and advertising identifiers or any information that may provide indication of device or app modification);
personal data you enter in messages when you use our in-app communication features; and
From other sources
When we collect Personal Data, including but not limited to your name, contact information and other identification information where needed from other sources, we make sure that that data is transferred to us in accordance with applicable laws. Such sources include:
referral programmes;
our business partners, such as fleet partners, payment providers, ride-hailing partners and transport partners;
insurance and financial providers;
credit bureaus, alternative credit scoring agencies and any other credit reporting organisations;
publicly available sources of data;
governmental sources of data;
when our users add you as an emergency contact;
when you use our in-app chat;
sale and delivery of domestic used cooking oil; and
marketing services providers or partners.
Sensitive Personal Data
Some of the Personal Data that we collect is sensitive in nature. This includes Personal Data pertaining to your race, national ID information, religious beliefs, background information (including financial and criminal records, where legally permissible), health data, disability, marital status and biometric data, as applicable. We collect this information only with your consent and/or in strict compliance with applicable laws.
Personal Data of minors
As a parent or legal guardian, please do not allow minors under your care to submit Personal Data to FHE. In the event that such Personal Data of a minor is disclosed to FHE, you hereby consent to the processing of the minor’s Personal Data and accept and agree to be bound by this Notice and take responsibility for his or her actions.
When you provide Personal Data of other individuals to us
In some situations, you may provide Personal Data of other individuals (such as your spouse, family members or friends) to us. For example, you may add them as your emergency contact or when you use the in-app chat. If you provide us with their Personal Data, you represent and warrant that you have obtained their consent for their Personal Data to be collected, used and disclosed as set out in this Notice.
II. USE OF PERSONAL DATA
FHE may use, combine and process your Personal Data for the following purposes (“Purposes”):
Providing services and features
Your Personal Data will be used to provide, personalise, maintain and improve our Apps, Websites and Services. This includes using your Personal Data to:
provide you with Services across our various business verticals; ● engage you to provide Services;
create, administer and update your account;
conduct due diligence checks and risk assessments / analysis; ● verify your identity;
verify your age (where necessary);
validate your transactions and process payments;
offer, obtain, provide, facilitate or maintain insurance or financing solutions; ● enable features that personalise your App;
make your experience more seamless, such as automatically filling in your registration information (such as your name or phone number) from one Service to another Service or when you participate in our surveys;
perform internal operations necessary to provide our Services, including troubleshooting software bugs and operational problems, conducting data analysis, testing and research, monitoring and analysing usage and activity trends;
protect the security or integrity of the Services and any facilities or equipment used to make the Services available;
process and manage your rewards;
enable communications between our users;
process, manage or verify your eligibility for or application of promotions, rewards and subscriptions with FHE;
enable our partners to manage and allocate fleet resources; and ● fulfil the services to you as a data processor, where you have provided consent to the data controller (i.e. the organisation you had purchased goods or services from, and for whom FHE is providing services on behalf of) for such services to be rendered.
Safety and security
We use your data to ensure the safety and security of our Services and all users. This includes:
verifying your identity when you log in to our applications;
using device, location, profile, usage and other Personal Data to prevent, detect and combat fraud or unsafe activities;
monitoring compliance with our terms and conditions, and policies; and ● detecting, preventing and prosecuting crime.
Support
We use Personal Data to resolve user support issues. For example, we may:
investigate and address concerns;
monitor and improve our user support responses;
respond to questions, comments and feedback; and
inform you about steps taken to resolve user support issues.
Research and development and security
We may use the Personal Data we collect for testing, research, analysis and product development. This allows us to understand and analyse your needs and preferences, protect your Personal Data, improve and enhance the safety and security of our Services, develop new features, products and services, and facilitate insurance and finance solutions.
Legal purposes
We may use the Personal Data we collect to investigate and resolve claims or disputes, or as allowed or required by applicable law. We may also use Personal Data without consent, by relying on Legitimate Interests or other exemptions provided by the applicable data privacy laws, for purposes such as detection and prevention of fraud.
We may also use your Personal Data when we are required, advised, recommended, expected or requested to do so by our legal advisors or any local or foreign legal, regulatory, governmental or other authority.
For example, we may use your Personal Data to:
comply with court orders or other legal, governmental or regulatory requirements;
enforce our Terms of Service or other agreements; and
protect our rights or property in the event of a claim or dispute.
We may also use your Personal Data in connection with mergers, acquisitions, joint ventures, sale of company assets, consolidation, restructuring, financing, business asset transactions, or acquisition of all or part of our business by another company.
Marketing and promotions
We may use your Personal Data to market FHE and FHE’s partners’, sponsors’ and advertisers’ products, services, events or promotions. For example, we may:
send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and
notify, invite and manage your participation in our events or activities.
We may communicate such marketing to you by post, telephone call, short message service, online messaging service, push notification, by hand and by email.
III. DISCLOSURE OF PERSONAL DATA
We need to share Personal Data with various parties for the Purposes. These parties include:
With third parties
You consent to us sharing your Personal Data :-
With FHE partners
For example, if you requested a service through a FHE partner or used a promotionor redeem points provided by a FHE partner, FHE may share your Personal Data withthat FHE partner. Our partners include partners that integrate with our App or ourApp integrates with, or business partners which FHE collaborates with to deliver areward, promotion, competition or other specialised service.
With subsidiaries and affiliates
We share Personal Data with our subsidiaries, associated companies, jointlycontrolled entities and affiliates.
With FHE’s service providers and business partners
We may provide Personal Data to our vendors, consultants, marketing partners,research firms, and other service providers or business partners. This includes:
payment processors and facilitators;
debt collectors;
credit bureaus, alternative credit scoring agencies and any other creditreporting organisations;
background check and anti-money laundering service providers;● cloud storage providers;
marketing partners and marketing platform providers;
data analytics providers;
research partners, including those performing surveys or research projects inpartnership with FHE or on Grab’s behalf;
fleet and merchant partners;
insurance and financing partners;
third party intermediaries involved in the managed investment of funds, suchas brokers, asset managers, and custodians;
service providers who perform identity verification services; and● vehicle solutions partners, vendors or third-party vehicle suppliers.
With our legal advisors and governmental authorities
We may share your Personal Data with our legal advisors, law enforcement officials,government authorities and other third parties.
RETENTION OF PERSONAL DATA
We retain your Personal Data for the period necessary to fulfill the Purposes outlinedin this Notice unless a longer retention period is required or allowed by law or forpurposes of safety, security, fraud prevention and detection, in accordance with therequirements of applicable laws.
V. INTERNATIONAL TRANSFERS OF PERSONAL DATA
Your Personal Data may be transferred from country, state and city (“HomeCountry”) in which you are present while using our Services to another country, stateand city (“Alternate Country”).
When we transfer your Personal Data from your Home Country to the AlternateCountry, we will comply with our legal and regulatory obligations in relation to yourPersonal Data, including having a lawful basis for transferring Personal Data andputting appropriate safeguards in place to ensure an adequate level of protection forthe Personal Data. We will also ensure that the recipient in Alternate Country isobliged to protect your Personal Data at a standard of protection comparable to theprotection under applicable laws.
Our lawful basis will be either consent (i.e. we may ask for your consent to transfer your Personal Data from your Home Country to the Alternate Country at the time you provide your Personal Data) or one of the safeguards permissible by laws.
V COOKIES AND ADVERTISING ON THIRD PARTY PLATFORMS
FHE, and third parties with whom we partner, may use cookies, web beacons, tags,scripts, local shared objects such as HTML5, advertising identifiers and similar
technologies (“Cookies”) in connection with your use of the Websites and Apps.Depending on the type of phone and operating software that you are using, you maybe granted the option to disable our use of mobile identifiers (such as Apple’s IDFA).Cookies may have unique identifiers, and reside, among other places, on yourcomputer or mobile device, in emails we send to you, and on our web pages. Cookiesmay transmit Personal Data about you and your use of the Service, such as yourbrowser type, search preferences, IP address, data relating to advertisements thathave 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.
FHE may allow third parties to use Cookies on the Websites and Apps to collect thesame type of Personal Data for the same purposes FHE does for itself. Third partiesmay be able to associate the Personal Data they collect with other Personal Datathey have about you from other sources. We do not necessarily have access to orcontrol over the Cookies they use.
Additionally, we may share non-personally identifiable Personal Data with thirdparties, such as location data, advertising identifiers, or a cryptographic hash of acommon account identifier (such as an email address), to facilitate the display oftargeted advertising.
Disabling the collection of cookies on our websites
You may deactivate cookies by adjusting your internet browser settings to disable,block or deactivate cookies, by deleting your browsing history and clearing the cachefrom your internet browser.
VII. PROTECTION OF PERSONAL DATA
We will take reasonable legal, organisational and technical measures to ensure that your Personal Data is protected. This includes measures to prevent Personal Datafrom getting lost, or used or accessed in an unauthorised way. We limit access to your Personal Data to our employees on a need to know basis. Those processing yourPersonal Data will only do so in an authorised manner and are required to treat yourinformation with confidentiality.
Nevertheless, please understand that the transmission of information via the internetis not completely secure. Although we will do our best to protect your Personal Data,we cannot guarantee the security of your Personal Data transmitted through anyonline means, therefore, any transmission remains at your own risk.
VIII. YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATAIn accordance with applicable laws and regulations, you may be entitled to:
ask us about the processing of your Personal Data, including to be providedwith a copy of your Personal Data;
request the correction and/or (in some cases) deletion of your Personal Data;● in some cases, request the restriction of the processing of your Personal Data,or object to that processing;
withdraw your consent to the processing of your Personal Data (where we areprocessing your Personal Data based on your consent);
request receipt or transmission to another organisation, in amachine-readable form, of the Personal Data that you have provided to uswhere we are using your Personal Data based on consent or performance of acontract; and
complain to the relevant data privacy authority if your data privacy rights areviolated, or if you have suffered as a result of unlawful processing of yourPersonal Data.
Where you are given the option to share your Personal Data with us, you can alwayschoose not to do so. If we have requested your consent to processing and you laterchoose to withdraw it, we will respect that choice in accordance with our legalobligations.
However, choosing not to share your Personal Data with us or withdrawing yourconsent to our use of it could mean that we are unable to perform the actionsnecessary to achieve the purposes of processing described in Section II (Use ofPersonal Data) or that you are unable to make use of the Services. After you havechosen to withdraw your consent, we may be able to continue to process yourPersonal Data to the extent required or otherwise permitted by applicable laws andregulations.
If you wish to make a request to exercise your rights, you can contact us through ourcontact details set out in Section X (How to Contact Us) below.
We will screen and verify all requests beforehand. In order to verify your authority tomake the request, we may require you to provide supporting information ordocumentation to corroborate the request.
Once verified, we will give effect to your request within the timelines prescribed byapplicable laws.
AMENDMENTS AND UPDATES
FHE may modify, update or amend the terms in this Notice at any time.It is yourresponsibility to review the Privacy Notice regularly. Your continued use of the Apps,Websites or Services, purchase products from FHE or continuing to communicate orengage with FHE following the modifications, updates or amendments to this Notice, whether or not reviewed by you, shall constitute your agreement to be bound bysuch amendments.
HOW TO CONTACT US
If you have any queries about this Notice or would like to exercise your rights set outin this Notice, please direct your mail to info@fathopesenergy.com
In order for us to attend to your queries expeditiously, we prefer that inquiries bemade via the online form.
The original of this Notice is written in the English language. In the event of anyconflict between the English and other language versions, the English version shallprevail.
