Our Privacy Policy

The Golden Era Sdn Bhd (Company No. 1238600-V) (“The Golden Era”) respects the privacy of our users, customers, clients and individuals (“you”, “your”, “user” or “users”) with regards to the privacy of personal data and is committed to protecting the privacy of the same as well as striving to provide a safe, secure user experience for our users.

 

This privacy policy is formulated in accordance with the provisions of the Personal Data Protection Act 2010 and its regulations (“Act”), which describes how your information is collected and used and your choices with respect to your personal data.

 

The following terms and conditions of this privacy policy  (“Privacy Policy”) disclose our information gathering and dissemination practices for our website and for our bodymindsoul Festival (“Festival”).

 

  1. Information collected by bodymindsoul Festival

In this Privacy Policy, our business and web servers do not automatically recognize specific information about each user on our website. In addition, our servers do not automatically record information regarding a user’s e-mail address unless the user supplies it.

 

We collect information about users during the registration process for certain parts of our website whether it is through your participation in our Festival, carnival, events or activities, including purchasing of tickets/booth, promotions, contests, surveys, forums, and polls and/or through the use of cookies. When you request for pages from our website and/or server, it automatically collects some information about your preferences, including your IP address. We use this to help diagnose problems with our website and/or server and to administer our website.

The user-supplied information collected (through our registration process, surveys, tickets/booth, events, promotions, contests, surveys, forums, and polls and/or other similar vehicles) may or will involve our user’s personal data or information but is used to improve the content of our products, services, content, website or used for our own business purposes. The information is not shared with other organisations for their commercial purposes unless specifically stated.

 

  1. Type of Personal Data collected & Purpose

Although the precise details of user-supplied information collected may vary, it should or may include any or all of the following personal data:

  • Name (in accordance with our user’s identity card or passport);
  • Photo;
  • Address;
  • Phone and/or mobile number(s);
  • Date of birth;
  • Email address;
  • Gender;
  • Identity card number or passport number;
  • IP Address, if required;
  • Thumbprint, if required; and
  • Official details of the company if our user is a company.

We may collect documents of such evidence, where and if required (collectively, these matters here are referred to as “Personal Data”).

 

Personal Data that you provide to us voluntarily on our website and our other related channels is processed for any or all of the following purposes (“Purpose”):

  • to create, record, manage and/or maintain a relationship with you;
  • to complete transactions with you;
  • to process, manage and/or verify your membership in our customer programmes and/or loyalty scheme where applicable;
  • to direct market to you and/or update you regarding our latest offerings;
  • to understand and analyze our sales and your needs and preferences;
  • to develop, enhance, market and provide our products and/or services;
  • to develop, enhance, market and promote our Festival, carnival, event business, products and/or services;
  • to enable you to participate in our Festival, carnival, latest events, promotions, contests, surveys, forums, and polls and/or other similar vehicles;
  • to process, manage and/or verify payment, exchanges and/or product returns;
  • to ensure that legal, compliance and regulatory, auditing and maintenance requirements are met and
  • to respond to your feedback, requests and/or complaints.

 

  1. Use and Disclosure to Vendor

We use and disclose aggregated, non-personally identifying information, collected through our Website as part of our process of constantly improving business.

 

We may disclose your Personal Data to other representatives, holding companies and subsidiaries within our Company (“Group”). The Group will treat your Personal Data as private and confidential in accordance with this Privacy Policy. We are however only responsible for supplied Personal Data including Personal Data disclosed by us to a Vendor (often referred to as the “data processor”).

 

“Vendor” here means in relation to Personal Data any person or entity (other than any of our employee who processes the Personal Data); and

“Processing” here includes obtaining, recording, holding or using Personal Data to carry out our Purpose.

 

That being the case, we take every reasonable measure to provide a reasonable level of protection for your Personal Data should the information be processed by our Vendor.

 

  1. Impact of Non Provision of Personal Data

Please note that in the event that harmful and/or risky, false, misleading, not correct, outdated or not current, not satisfactory or incomplete Personal Data is supplied to us, or your Personal Data is not satisfactory to us, any or all of the following action applies:

  • your application or request to us for to carry out any or all of our Purpose may be dismissed;
  • your application or request to browse our website or for information on our website may be denied;
  • we will refrain from providing you with the full range of information regarding our our Festival, carnival, latest events, promotions, contests, surveys, forums, and polls and/or other similar vehicles or our products and services through our website.

 

  1. Storage and Retention of Personal Data

Upon supply, your Personal Data will be stored either in hard copies in our offices or servers and operated by us or our service providers. Any Personal Data supplied by you will be retained by us as long as necessary for the fulfilment of the purposes stated above or is required to satisfy business, legal, compliance and regulatory, accounting and/or risk requirements or to protect our business interests.

We do not offer any online facilities for you to delete your Personal Data held by us.

 

  1. How Email and ‘Contact Us’ messages are being handled

We preserve the content of any email or “Contact Us” or other electronic message that we receive. Any Personal Data contained in those messages will only be used or disclosed in ways set out in this Privacy Policy.

 

The message content may be monitored by our service providers or employees for purposes including compliance, auditing and maintenance or where email abuse is suspected.

 

  1. Communication or Utilization Data

Through your use of telecommunications services to access our website, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to Personal Data. They will however be processed in line with this Privacy Policy.

 

  1. Automatic Collection of Non-Personal Data

When you access our website, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the website from which you came, number of visits, average time spent on the website, pages viewed).

We may use this data and share it with rest of the Group to monitor the attractiveness of our website and improve their performance or content.

 

  1. Cookies

When you view our website, we may store some data on your computer in the form of a “cookie” to automatically recognize your personal computer next time you visit.
Cookies can help us in many ways, for example, by allowing us to tailor a website to better match your interests or to store your password to save you having to re-enter it each time.

 

If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is stored.

 

  1. Public Forums

Our website makes information sharing, feedback, forums, and/or message boards available to our users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your Personal Data. We request that users treat each other with courtesy and mutual respect.

 

We do not tolerate any treatment, behaviour, action, statement, words that is inconsistent with this Privacy Policy and our company policies or is considered illegal, unlawful or against the laws of Malaysia.

 

  1. Confidentiality

Personal Data held by us will be kept confidential in accordance with this Privacy Policy pursuant to any applicable law that may from time to time be in force.
Any questions, comments, suggestions or information other than Personal Data sent or posted to our website, or any part of the our website by visitors will be deemed voluntarily provided to us on a non-confidential and non-proprietary basis. We reserve the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely as set above.

 

  1. Security

Our website has security measures in place to protect the loss, misuse and alteration of the information under our control. When a user is asked to provide his/her credit card information, we provide a secure environment through our partners’ systems (using industry standard SSL or SET protocols) for this purpose.

For the internet, unfortunately, no data transmission over the internet can be guaranteed as completely secure. So while we strive to protect such Personal Data, we cannot ensure or warrant the security of any Personal Data transmitted to us and individuals do so at their own risk. Once any Personal Data comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification or disclosure.

A username and password may be essential for you to use some sections of our website. For your own protection, we require you to keep these confidential and to change your password regularly (if required).

 

  1. Links

Our website contains links to other websites.

 

Our Festival and website are not responsible for the privacy practices or the content of such websites. We also established in relationships with partners but such relationships are generally technical in nature, or content collaborations. If any partner has access to any information entered by users in our database, this fact shall be disclosed to the user upon initiating the registration process. Users who feel they do not wish their information to be shared by anyone other than by us may then opt out of completing the registration.

 

  1. Right of Access to Personal Data

Under the Act, you have the right of access to your Personal Data held by us on payment of a prescribed fee and to request correction of the Personal Data that is inaccurate, incomplete, misleading or not up-to-date. If you have any questions regarding this Privacy Policy or if you wish to request access to your Personal Data or if you wish to correct your Personal Data or if you wish to withdraw your consent to us as far as your Personal Data goes, you may send your request in formal writing vide registered post to the following address:

 

The Golden Era Sdn. Bhd.

27-2 Jalan PJU 5/20

The Strand

Kota Damansara

47810 Petaling Jaya

Selangor Darul Ehsan

Malaysia

 

  1. Social Login

If you are using social login feature of our Super Socializer plugin, you can add following in the privacy policy of your website:

 

“We collect your public profile data only from your consent that you grant before initiating Social Login, from the social network used to login at our website. This data includes your first name, last name, email address, link to your social media profile, unique identifier, social profile avatar. This data is used to create your user profile at our website. You can revoke this consent at any time by sending us an email.”

 

  1. Changes to Privacy Policy

We reserve the right to amend this Privacy Policy from time to time without prior notice. Where you have signed onto any of our promotions, products and/or services, any and all amendments of this Privacy Policy are binding on you.

 

We advise that you check this Privacy Policy on a regular basis.

 

  1. Breach Consequences of this Privacy Policy

You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of this Privacy Policy by you, including any use of our or our user’s content other than as expressly authorised in this Privacy Policy. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from our website.

 

This Privacy Policy is governed by and construed in accordance with the laws of Malaysia. If any provision of this Privacy Policy is deemed unlawful, void or for any reason unenforceable, then that provision is deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

@copyright of The Golden Era Sdn. Bhd. 2018

 

 

 

Our Terms of Use

These terms of use govern your use of our website, which is provided by The Golden Era Sdn Bhd (Company No. 1238600-V) (“The Golden Era” or “our Company”) (“Website”).

 

These Terms of Use constitute the entire agreement between you, our user and our Company relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions and other disclosures on our Website will be governed by the items to which they pertain.

 

Our or these Terms of Use here are subject to change by our Company at any time at our discretion. Our Company may revise these Terms of Use at any time by updating this posting. Your use of our Website after such revisions or changes are implemented constitutes your acknowledgment and acceptance of the changes.

 

By accessing our Website, you are indicating your acknowledgment and acceptance of not only these Terms of Use, you also acknowledge and accept all other policies, terms and conditions of use for our business, Website, bodymindsoul Festival, carnival, events and/or activities (“Terms of Use”).

 

  1. Access to our Website and bodymindsoul Festival content

You agree to use our Website only for the lawful purposes and not for restricted usage as described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to our Company and other users through your usage and/or access of the Website and/or its content.

 

You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content in our Website and relating to the bodymindsoul Festival and/or our activities. You also agree not to use the Website in any manner that might interfere with our rights and/or the rights of third parties or pass yourself off as the designer of our Website.

 

To access our Website, bodymindsoul Festival content or some of the resources that we have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website will be correct, current, complete and satisfactory to us.

 

If our Company believes that the information you provide is inconsistent with these Terms of Use and our Privacy Policy, harmful and/or risky to our Company, false, misleading, not correct, outdated or not current, not satisfactory or incomplete, we have the right to refuse you access to our Website or any of its resources, and to terminate or suspend your access at any time, without notice. We also have the right to enforce Section 4 of our Privacy Policy on you.

 

  1. Restrictions on use

Our Website is provided for business, commercial and lawful purposes and designed in line with our Company policies so that you may learn about our Company, business, bodymindsoul Festival, carnival, latest events, promotions, contests, surveys, forums, polls, products and/or services and/or other similar vehicles.

 

You may not use our Website for illegal, unlawful, criminal and any other purpose outside of the above without our Company’s express prior written consent.

 

In supplement to Section 8 of these Terms of Use, this restriction of your usage includes:

  • co-branding our Website;
  • framing our Website;
  • hyperlinking to our Website;
  • using our Website and the content therein to conduct any non-permitted activity in or outside our Company, the bodymindsoul Festival, carnival, latest events, promotions, contests, surveys, forums, polls, products and/or services and/or other similar vehicle;
  • using our Website and the content therein to carry out or start up your own business in whatsoever nature and/or make any personal and/or financial gain thereof; and
  • passing yourself or your company off as an authorised person or entity of our Company and/or the bodymindsoul Festival, carnival, latest events, promotions, contests, surveys, forums, polls, products and/or services and/or other similar vehicles.

 

For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Website or Content accessible within our Website. You agree to cooperate with our Company in causing any unauthorised co-branding, framing or hyper-linking immediately to cease.

 

  1. Proprietary information

The material and content of our Website, and any other website owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the content to our Company retains all rights, title, and interests therein.

 

Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorised in writing elsewhere on our Website, except that you may print out a copy of the content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of our Company.

 

  1. Copyright ownership

Our Website and its content are protected by the laws of Malaysia and belong to the Company. The copyrights for the content are owned by the Company or other copyright owners who have authorised their use on our Website.

 

You may download and reprint our content for non-commercial, non-public, personal use only. Alternatively, if you are browsing our Website as an employee or member of any business or organisation, you may download and re-print content only for educational or other non-commercial purposes within your business or organisation, except as otherwise permitted by the Company, for example in certain password-restricted areas of the Website. However, you are restrained here from manipulating or altering, in any way, images or other content on our Website.

 

Under Section 43h and Part VII of the Copyright Act of 1987 (the “CA”), our Company as a copyright owner is provided legal recourse when our copyright content or material appear without our  consent and infringes their rights. If you believe in good faith that materials hosted by our Company infringe your copyright, you, or your agent may send to our Company a notice requesting that the material be removed or access to it be blocked. Any lack of written notification by a copyright owner that fails to comply with this requirement is considered not to have given our Company sufficient notice of the infringement alleged thereof.

 

Under 43i of the CA, you are guilty and liable in damages to us if you provide our Company with false notice of copyright infringement alleged committed by us against you.

 

  1. Hyperlinks

Our Website may be hyper-linked to other websites which are not maintained by, or related to, our Company. The inclusion of any hyperlink to a third-party Website does not imply endorsement, sponsorship or recommendation by our Company of that website. Hyperlinks to such websites are provided as a service to users and are not sponsored by or affiliated with our Website or our Company.

 

Our Company has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Our Company also makes no representations about the availability of hyperlinked websites.

 

Hyperlinks are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the Websites hyperlinked to our Website. If you hyperlink to a website, please be aware that you will leave our Company’s Website and will become subject to the rules and conditions of the hyperlinked website(s).

We recommend that you make yourself aware of the Terms of Use of any Websites you link to from our Company’s Website.

 

  1. Submission and Licence

You hereby grant to our Company royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information supplied from and/or communicated to our Company through our Website (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

 

Except for Personal Data as defined in our Privacy Policy, once a Submission is made, all content, remarks, suggestions, ideas, graphics, or other information supplied from and/or communicated to our Company through our Website is a property of our Company.

 

Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without needing to pay for the Submission and/or incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

 

By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it is not in violation of any law or the rights of any person or entity. Any violation or unlawfulness committed by you will result in

 

  1. Downloading material

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties.

 

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our Website for the reconstruction of any lost data.

 

Our Company does not assume any responsibility or risk for your use of the Internet.

 

  1. Information you provide and supply

You may not post, send, submit, publish, or transmit in connection with our Website any material that:

 

  1. You do not have the right to post, including proprietary material of any third party
  2. Advocates illegal activity or discusses an intent to commit an illegal act
  3. Is vulgar, obscene, pornographic, or indecent
  4. Does not pertain directly to our Website
  5. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
  6. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
  7. Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
  8. Violates any law or may be considered to violate any law
  9. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
  10. Advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on our Website
  11. Solicits funds, advertisers or sponsors
  12. Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
  13. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via our Website
  14. Includes MP3 format files
  15. Amounts to a ‘pyramid’ or similar scheme
  16. Disobeys any policy or regulations established from time to time regarding use of our Website or any networks connected to our Website
  17. Contains hyper-links to other Websites that contain content that falls within the descriptions set forth above

 

Although under no obligation to do so, our Company reserves the right to monitor use of our Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your information and Submissions. You acknowledge and agree that neither Company nor any third party that provides content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any information Submission.

 

  1. Security

Any passwords used for our Website are for individual use only.

 

You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with our Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, our Company reserves the right to release your details to system administrators at other Websites or authorities in order to assist them in resolving security incidents.

 

Our Company reserves the right to investigate suspected violations of these Terms of Use.

 

  1. Disclaimer
    The bodymindsoul Festival, carnival, latest events, promotions, contests, surveys, forums, polls, products and/or services and information supplied on or through the Website and by our Company and any third-party Websites are provided on a “as is” basis and without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose. we do not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of our Website, including bulleting boards, or the servers that make it available, are free of viruses or other harmful components.

 

We do not warrant or make any representations regarding our Company, the use or results of the use of our Website or content on our Website or on third-party Websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

 

  1. Limitation on liability

Our Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages.

 

In no event will the collective liability of our Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed greater than the sum of RM100 or the amount you have paid to our Company for the applicable product or service out of which liability.

 

Our Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing our Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use or a court order mandating our Company to take any action involving you.

 

  1. Breach Consequences of these Terms of Use

You will absolutely indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of content other than as expressly authorised in these Terms of Use.

 

You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from our Website.

 

These Terms of Use is governed by and construed in accordance with the laws of Malaysia. If any provision here is deemed unlawful, void or for any reason unenforceable, then that provision is deemed severable and shall not affect the validity and enforceability of any remaining provisions.

 

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

@copyright of The Golden Era Sdn. Bhd. 2018