Terms of service and privacy policy

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Terms of service and privacy policy
Here is our terms of service and privacy policy.

PERSONAL DATA PROTECTION POLICY
Last updated: 04 June 2024

1. PURPOSE

This Personal Data Protection Policy (“Policy”) sets out how Swapp Asia Sendirian Berhad (“the Company”) collects, uses and protects your Personal Data which you have provided to the Company. The Personal Data Protection Act 2010 of Malaysia (“Act”) regulates the processing of personal data in commercial transactions. The Act requires the Company to inform data subjects about personal data that is collected from them and processed by the Company. This Policy will act as guidance for the processing of personal data in commercial transactions as well as for employment and charitable purposes, in compliance with the Act.

2. SCOPE

2.1. The terms “personal data”, “processing”, “commercial transactions”, “data subject” and “relevant person” used in this Policy shall have the meaning prescribed in the Act. 2.2. The expression “we” or “us” shall refer to the Company including its subsidiaries, related or associated companies. 2.3. The expression “you” or “your” shall refer and include employees, potential employees, former employees, interns, clients, customers, potential customers, vendors, suppliers, contractors, sub-contractors, service providers, distributors, and/or relevant persons such as family members, guardians, parental authorities, dependents, or referees of employee/potential employee/former employee, and authorized representatives receiving, obtaining goods/services from or providing goods/services to the Company. 2.4. This Policy applies to personal information about individuals (customers, vendors, distributors, suppliers, service providers, joint venture/business partners, job applicants, employees) 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. 2.5. By providing your Personal Data to us in any manner 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.

2. SCOPE (CONT)

2.6. 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. 2.7. 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.

3. COLLECTION OF PERSONAL DATA

3.1. The personal data voluntarily provided by you, your family members, guardians, parental authorities, recruitment agents, your current or previous employer, or your company, during your course of dealings with us in any way or manner including pursuant to any commercial transactions and/or communications made from/with us such as at events organised or participated by the Company and/or obtained independently by us from other lawful sources including but not limited to Companies Commission of Malaysia, National Registration Department of Malaysia, Royal Malaysian Police Force (and from public depositories, trade/online directories, credit reporting agencies, public domain and other authorised third parties) in our forms, agreements, website, and/or other similar documents may include information concerning your name, address (such as correspondence and permanent address), phone numbers (such as mobile phone, home and office phone numbers), facsimile numbers, email address, identity card number, passport number, specimen signature, age, date of birth, place of birth, gender, weight, height, race, nationality, marital status, country of permanent residence, company name, occupation, salary, job position, vehicles information, sponsoring body details, referee information (such as name of referee, job position, address, contact number and email address), previous examination results, transcripts, academic qualifications, academic records, bank details (such as name of bank, bank’s address and bank account number), images (including photographs) information in audio and/or video format, closed-circuit television (“CCTV”), security recording and any other relevant information and/or documents, and Sensitive Personal Data, including information concerning your religious belief, health, medical condition, political opinion and criminal conviction information (collectively, “Personal Data”).

3. COLLECTION OF PERSONAL DATA (CONT)

3.2. To the extent that you have provided (or will provide) Personal Data about your family, spouse and/or other dependents, you confirm that you have explained to them that their Personal Data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their Personal Data in accordance with this Policy and, in respect of minors (i.e. individuals under 18 years of age) or individuals not legally competent to give consent, you confirm that they have appointed you to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their Personal Data in accordance with this Policy. 3.3. By voluntarily providing us with your Personal Data, you are giving consent for us to collect, use and process your Personal Data. 3.4. By voluntarily providing us with your Sensitive Personal Data, you give us explicit consent for us to collect, use and process your Sensitive Personal Data, and you acknowledge that the collection of Sensitive Personal Data is necessary to protect your vital interest or the vital interest of others.

4. PURPOSE OF PROCESSING OF PERSONAL DATA

4.1. 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 provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organised by us and selected third parties which may be of interest to you from time to time;
for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels;
to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
to maintain and update internal record keeping;
for internal administrative purposes;
to send you seasonal greetings messages from time to time;
to send you the invitation to join our events and promotions and product launch events;
to monitor, review and improve our events and promotions, products and/or services;
to conduct credit reference checks and establish your creditworthiness, where necessary, in providing you with the products, services and/or facilities;
to administer and give effect to your commercial transactions with us (such as a tender award, contract for service, tenancy agreement);
to process any payments related to your commercial transactions with us;
to process and analyse your Personal Data either individually or collectively with other individuals;
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;
to share any of your Personal Data with our joint venture/business partners to jointly develop products and/or services or launch marketing campaigns;
to share any of your Personal Data with insurance companies necessary for the purpose of applying and obtaining insurance policy(ies), if necessary;
to share any of your Personal Data with financial institutions necessary for the purpose of applying and obtaining credit facility(ies), if necessary;
for audit, risk management and security purposes;
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;

4. PURPOSE OF PROCESSING PURPOSE OF PROCESSING OF PERSONAL DATA (CONT)

cc. to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations; dd. to carry out verification and background checks as part of any recruitment and selection process in connection with your application for employment with us; and/or ee. 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. 4.2. It is voluntary for you to supply your Personal Data to the Company. Any modifications or changes to this Policy shall signify your acceptance to such modifications or changes. 4.3. In addition, we may also receive, store and process your Personal Data which are provided or made available by any third parties, credit reference bodies, regulatory and law enforcement authorities, for reasons including delivery of our products and/or services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.

5. DISCLOSURE OF PERSONAL DATA (WITHIN and/or OUTSIDE MALAYSIA)

5.1. Your Personal Data provided to the Company or obtained by the Company shall be kept confidential by the Company. However, it may be necessary for the Company to engage third party companies, service providers or individuals to perform certain services on the Company’s behalf. In such event, you hereby agree and consent that the Company may disclose and transfer your Personal Data to the third parties, within or outside Malaysia, including without limitation, as follows:

banks and financial institutions;
our employees, consultants, accountants, auditors, lawyers, advisers, agents, contractors, vendors, co-marketing partner, vendor, suppliers, contractors, subcontractors, service providers, insurance companies, merchants, distributors and/or financial institutions to provide support and services;
successors in title to us;
any third party (and its advisers/representatives) in connection with any proposed or actual re-organization, merger, sale, consolidation, acquisition, joint venture assignment, transfer, funding exercise or asset sale relating to any portion of the Company;
your immediate family members and/or emergency contact person as may be notified to us from time to time;
storage facility and records management service providers;
data centers and/or servers for data storage purposes;
foreign embassies and agencies appointed by the foreign embassies;
Malaysian Immigration Department;
government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorized to do so, to satisfy an applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities such as but not limited to the Inland Revenue Board, the Employees’ Provident Fund Board, the Social Security Organisation and Bank Negara Malaysia;
our business partners, third party product and/or service providers, suppliers, vendors, contractors or agents, on a need-to-know basis, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above purposes and other purposes required to operate and maintain our business;
payment channels including but not limited to financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to us in connection with your purchase of our products and/or services;
any party nominated or appointed by us either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where we have a legitimate common interest;
the general public when you become a winner in a contest, participate in our events, conferences, talks and seminars by publishing your name, photographs and other personal data without compensation for advertising and publicity purposes;
any other person reasonably requiring the same in order for us to operate and maintain or carry out our business activities.
any person under a duty of confidentiality to which has undertaken to keep your Personal Data confidential which we have engaged to discharge our obligations to you; and/or
such other party as the Company deems necessary for the purposes mentioned in paragraph 3 above.

5.2. You agree not to hold the Company responsible for any loss or damage suffered arising from any access by third party where the Company has taken reasonable steps to protect the personal data from any loss, misuse, modification, unauthorized or accidental access or disclosure, errors in transmission, alteration or destruction. 5.3. The Company shall also disclose and transfer the information to any statutory bodies, regulatory bodies and/or governmental authorities where legally required to do so.

6. CONSEQUENCES OF NOT CONSENTING TO THIS POLICY

6.1. The collection of your Personal Data by us may be mandatory or voluntary in nature depending on the Purposes for which your Personal Data is collected. Where it is obligatory for you to provide us with your Personal Data, and you fail or choose not to provide us with such data, or do not consent to the above or this Policy, we will not be able :

to receive or obtain goods/services from us; or
to provide goods/services to us; or
to remain in our employment; or
to enter into or to maintain commercial relationship(s) with us

7. REQUEST FOR ACCESS, INQUIRIES, AND/OR CORRECTION OF PERSONAL DATA

7.1. You may at any time hereafter request for access to, or request for rectification or correction of your Personal Data (subject to payment of fees, if applicable), or limit the processing of your Personal Data by the Company, as the case may be, however subject to the exceptions and restrictions as may be contained under the applicable law. If you wish to do so, please contact:

Swapp Asia Sdn Bhd Lot 4.1, 4th Floor, Menara Lien Hoe, No. 8, Persiaran Tropicana, Tropicana Golf & Country Resort, 47410 Petaling Jaya, Selangor.

or Email Address: compliance@swappasia.ai with Subject: Request for Personal Data Information / Correction
7.2 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 effected. 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 or the contract that you have with us will have to be terminated.

7.3. Notwithstanding the foregoing, we reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your Personal Data. 7.4. We will ensure your Personal Data is accurate, complete and up-to-date where necessary. Therefore, we request that if there are changes to your Personal Data you should notify us directly at the contact details set out above.

7. REQUEST FOR ACCESS, INQUIRIES, AND/OR CORRECTION OF PERSONAL DATA (CONT)

7.5. You are to put your requests in writing for security reasons and verification purposes. 7.6. In accordance with the terms of the Personal Data Protection Act 2010, the Company may charge a reasonable fee for the processing of any data access request. The chargeable fee will take into the account the time needed for verifying, locating, retrieving, reviewing and copying the information requested as well as any other associated costs and expenses that may arise from conducting such retrieval. You will be notified of the anticipated fee chargeable, prior to the retrieval of your Personal Data. 7.7. In the event we refuse to adhere to your request for access and/or correction to your Personal Data such as when the information requested for is of a confidential commercial nature, we will inform you of our reason for the refusal.

8. RETENTION OF PERSONAL DATA

8.1. Any of your Personal Data provided to us is retained for as long as the purposes for which the Personal Data was collected continues. 8.2. Your Personal Data is then destroyed or anonymised 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 meet our operational, legal, regulatory, tax or accounting requirements.

9. SECURITY OF PERSONAL DATA

9.1. 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. 9.2. 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. 9.3. The Internet is not a secure medium. However, we will put in place various security procedures regarding 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.

9. SECURITY OF PERSONAL DATA (CONT)

9.4. Please be aware that communications over the Internet, such as emails/web mails are not secure unless they have been encrypted. Your communications may be routed through several countries before being delivered – this is the nature of the World Wide Web/Internet. 9.5. We cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control.
End.

TERMS OF USE

Version and Effective Date of the Terms of Service

Please read the following Terms of Service (“Agreement”) carefully. Your use of our products means you have accepted this Agreement.

“Let’s Swapp” “SWAPP ASIA” or “we” means Swapp Asia Sdn Bhd, with its registered office in Malaysia.

“Our Products” are provided by SWAPP ASIA and described as below.

“You” refers to the users of Our Products.

“Let’s Swapp account” refers to the account you register through “Let’s Swapp” or our websites. Part of our services will be available after you sign in your CC account.

“Our websites” refers to the Platform

The Privacy Policy and other business rules we posted is also part of this Agreement. Please read them carefully. We specially remind you that according to your region and the version of the Products you use, we may provide different services, the clause of this Agreement and the Privacy Policy may not apply to the current version of the Products in your use.

I. Our Products

For the purpose of the Terms of Service, “Our Products” refer to “Let’s Swapp” and services (provided by our company and/or our branches, affiliates or partners across the globe) in connection with the software products.

“Let’s Swapp” refers to software with functions of business card recognition and administration and relevant internet-based value-added services (“Our Service”). We provide the above-mentioned services through free or paid Let’s Swapp software (“Our Software”), Let’s Swapp website or application programming interfaces (“APIs”) for third parties to use.

We specially remind you that we only provide you the software and service as tools. When using our products acquiring and processing information, you should respect legal rights of others such as intellectual property rights, personal information and privacy rights, etc., and make sure that you are authorized to copy, amend, upload and publish the information. If you upload or publish the information without permission, you may infringe legal rights of others and be legally liable for it.

II. Scope of Software License and Service

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to use our products. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run Our Software or use Our Services on your smart mobile end-device, including but not limited to tablet, smart phone, scanner, and PC as well as other computer system (“end-device”) for non-commercial purposes.

III. Paid Service

You may need to pay for some services of Our Products. You will acquire relevant services with the fees duly paid in full. For paid service, we will obtain your consent before collection of payment.

SWAPP ASIA could make changes about payment standard and method according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the service when we start to charge fees. The above-mentioned change will be notified or published on our websites or reminded during a period of time before you use relevant services. The price of the products provided through website may change at any time. If there is a price reduction or promotion, SWAPP ASIA will not provide price protection or refund your payment.

As the software products contains information of authorization and activation (including but not limited to activation code, password, etc.) and are special commodities due to the risk of the information being revealed for others to open accounts, the policy on return of goods without any reason is not applicable after the transaction is completed. If no major quality problems, no return or exchange will be allowed. If you have any inquires or need any assistance, you can send email to support@swapp.asia.

IV. Registration and Account Security

In order to better use Let’s Swapp service, we suggest you create a Let’s Swapp account and sign in with this account when you use Our Products and service.

Please keep the password of your Let’s Swapp account secure. You agree that you will bear full responsibility for any and all the activities under your CC account. In order to keep your Let’s Swapp account secure, we particularly remind you of taking certain measures including but not limited to safekeeping your password, installing anti-virus/Trojan software, changing your password regularly and logging out safely after use, etc. If your account or password is stolen, you shall assume full responsibility for all the consequences arising therefrom unless you can prove that it is caused by our intentional act or gross negligence.

If you learn of any unauthorized use of your Let’s Swapp account, please contact us immediately: support@swapp.asia.

V. Privacy and Personal Information

We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law/regulation on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc.

We particularly remind that the information you upload may involve other people’s personal information or privacy. We will not disclose such contents without authorization.

You understand and undertake that you will fully respect any other persons’ privacy that you learn, receive or have access to from the information of other users and you will fully respect any other persons’ privacy in the information you upload as well. You will never collect, duplicate, store, disseminate, spread or misuse others’ private information without permission. If you obtain, use, sell or spread other’s personal information in bad faith, or infringe other’s privacy in any other way (including but not limited to harassment), you are in material breach of this Agreement. We will be entitled to at any time restrict or terminate your account privilege up to delete your account and we reserve the right to unilaterally terminate this Agreement and demand you to bear legal liabilities.

Special reminder: As mobile phone number is usually tied up with quite many functions used as tool for identification assistance, if your mobile phone number changes, please timely revise the relevant content of your account so that others may not clear identification test by using your mobile phone without permission. You should take precaution and deal with that situation accordingly when the email address for identity verification has security issue.

Our Products will ask you for the following permissions during regular operation:
1. Storage: Having access to device storage in order to read and manage business card;
2. Camera & Album: Using your device’s camera and photo album to take photos and for the functions of auto crop and exchange of cards via QR Code;
3. Contacts: Accessing device contacts to use the function of importing phone contacts and saving card to contacts;
4. Location: Accessing device location to view people nearby, exchange cards, adding location;
5. Microphone: Using your microphone for making note via voice;
6. Calendar: Accessing and storing calendar information for the reminder function;
7. Cookies: When accessing our webpage, we use cookies to provide you with necessary services.
Permission will not be asked if you do not use these functions. If additional authority is required, we will ask for your permission in advance.

When you use social networking services in Our Products, you need to set or adjust your relevant privacy controls according to your own needs to avoid risks. In the settings of Our Products, you can control display of certain information in the card, such as name, telephone, company and email, etc.

VI. Providing Services “As Is”

Our Products and services are provided on the basis of a currently available level of skill and condition. We are trying our best to meet your needs and ensure the consistency and security of our services. But we are not able to foresee at all times some legal and technological risks including but not limited to service interruption, data loss and other damages and risks due to force majeure, viruses, Trojans, hackers’ attack, unstable system, defective services provided by third parties, and government actions. You hereby acknowledge and confirm that you use Our Products and services at your own risk, except as otherwise provided by law.

VII. Information Push

You agree that you may receive information pushed out when using Our Products and services that include update of Our Products or services and information of third party’s products or services that may be helpful to you, etc.

We specially remind that if the information pushed out you receive is about third party and not us, regarding such information, you should make your own judgment on authenticity of the content and be responsible for your own judgment and act. Except as expressly provided by law, we are not liable in any way for any loss or damage borne by you due to the content provided by way of such information.

VIII. Third Party Services

In Our Products, we allow you to invoke services provided by third parties such as facsimile, social website or email services, etc. We only invoke services from third parties in our products through APIs and actual services are provided by third parties. For terms of use and relevant provisions, please refer to the terms of service, etc. issued by those third parties. We will urge the third parties to comply with the applicable laws and regulations on personal information protection when they provide services. We do not bear any direct or indirect liability for any problem of personal information protection that happens in your using third party services or loss caused therefrom and the problem or loss should be borne by you and/or relevant liable party.

IX. Content Generated by User

The contents provider should assume liability for any content (including but not limited to image file, file information, contact list, business card information, geographic location, email, message, material, literary works, software, music, sound recording, photo, graph, video, data, user’s registration information or other information, etc., “Contents”), whether transmitted in public or in private via Our Products. You warrant that you have necessary authorization to upload such Contents. If your acts cause losses (including but not limited to compensation, attorney fees) to SWAPP ASIA, you agree to fully compensate for the losses. We reserve the right to review, block and delete the Contents or terminate the services pursuant to law.

As to the publicized contents, unless you notify us the contrary intention in writing, and it is not against law/regulation on personal data protection, you agree to grant SWAPP ASIA the world-wide, royalty-free, non-exclusive, sub-licensable and permanent license to use the same. We may decide at our own discretion to use (including but not limited to reproduce, adapt, amend, create derivative works, and translate) and distribute these Contents. In the meanwhile you authorize SWAPP ASIA to file any action in its own name against any third party for the infringement upon the foregoing Contents and any of its derivative works and to receive all the compensation. You shall warrant that you have necessary authorization to grant such license to SWAPP ASIA.

Notwithstanding the foregoing provision of reservation of rights, we will not necessarily use or distribute the Contents. Furthermore, such reservation of rights is only applicable to the Contents you have publicized rather than any personal information or privacy which has not yet been publicized. Unless otherwise provided in law/regulation on data protection, without permission of right holder, we will not use or provide to third party the unpublicized personal information and privacy.

You should be owner of copyright, or holder of other rights that should be had for using the services as to the lawful contents you post in the services.

X. Information Storage and Synchronization

1. You acknowledge and agree to store information relating to use of Our Products into your own end-device, which will occupy some room of the end-device. SWAPP ASIA reminds that you should make your choice as to whether to set passwords for using Our Services in order to protect information security according to your needs.

2. You acknowledge and agree that the information generated during your use of Our Products may be stored and processed by SWAPP ASIA or its affiliates or service providers through their servers. As Our Products can be downloaded and used by users worldwide, the servers may be located in the countries/regions based on the need of providing the service, in compliance with laws and regulations.

3. If you use Our Products and sign in your account at your end-device, the information already stored in the end-device if expressly confirmed by you will be added to your account and stored in SWAPP ASIA’s servers. Your account will be bound to the end-device as a default status and you can unbind the account and the end-device in the setting by logging out the account.

4. When you use Our Products after signing in your account, any direct modification of information in end-device (if stored in our server according to the preceding section) or modification of information in account via web end, will be synchronized automatically between end-device and server in its lately modified form. Therefore, if you are using an end-device which is not owned by you, please be sure to log out timely and make necessary adjustment to your settings so as to avoid any leakage of personal information or privacy of yours or others.

5. If there is loss of information because you accidentally delete the information in end-device or server account, you could visit our websites and sign in your account to restore your information.

6. SWAPP ASIA’s system stores, backups and provides recovery of information based on your operation. You should read operation guidelines carefully to well understand the default setting of the system and adjust it at your own will so as to use Our Products in a proper way. We remind that even if we will take necessary measures to store and protect your data, you should backup your data on your own. SWAPP ASIA shall not be responsible for business card and other information you delete or fail to successfully store.

XI. Code of Conduct for Users

1. You shall abide by local laws and regulations during your use of Our Products, and you shall not produce, duplicate, publicize or release sensitive information, illegal information or any information or material which a normal person considers immoral, including but not limited to the information:
i. Contravening the basic principles determined by the Constitution;
ii. Endangering national safety, divulging state secret, overturning state power and sabotaging national unity;
iii. Damaging national reputation and interests;
iv. Instigating ethnic hatred, discrimination and sabotaging ethnic unity;
v. Sabotaging national religious policies and advocating heresy and feudalistic superstition;
vii. Spreading rumors to disturb social order and sabotaging social stability;
vii. Spreading obscenity, eroticism, gambling, violence, murder, terrorism or subornation;
viii. Insulting or slandering other person or infringement upon other person’s legal rights;
ix. Containing any other Contents which are prohibited by laws and administrative regulations; or
x. Other Contents which are in violation to the law.

2. You shall not use Our Products for any illegal purpose or use the same to conduct any illegal activities, including but not limited to:
i. Using Our Products to carry out any acts which may adversely affect normal operation of the Internet;
ii. Embezzling, gaining illegal access to or abusing other user’s account or information contained in such account;
iii. Falsifying facts maliciously, or concealing truth to mislead and deceive others;
iv. Publishing, transmitting, spreading advertising information and junk information; initiating, continuing or taking part in any speculation or illegal activity in any way, or utilizing telephone, network and any other communication means to harass other person;
v. Releasing, spreading, disseminating, storing the contents which infringe upon the intellectual property and trade secrets of others; or spreading or distributing or otherwise spreading any document containing any picture, photo, software or other data which is protected by intellectual property law, unless you have corresponding rights, authorization or have obtained necessary approval; or
vi. Any other acts prohibited by laws and regulations.

3. You shall not engage in any activity jeopardizing the legitimate interests of SWAPP ASIA. Unless expressly provided by law or SWAPP ASIA has consented in writing, you shall not conduct any acts not expressly authorized under these Terms of Service during the use of Our Products, including but not limited to:
i. Deleting all the information regarding the copyright of Our Products;
ii. Conduct any reverse engineering, disassembling or de-compilation against the Software or otherwise attempting to find the source code of Our Products;
iii. Duplicating, amending, altering or mounting the information of Our Products for commercial purpose (including but not limited to any information in the Software and any information stored in any terminal device during the use of Our Products, as well as the information interacted between the client and server), or creating any derivative works or products with the same in any form including but not limited to using plug-in, add-on or third party tool/service to connect with, disturb or affect Our Products and related system;
iv. Restricting, prohibiting or otherwise interfering in or affecting any other person’s use or enjoyment the services of Our Products (except for such safe and protection tools as parental control), including but not limited to releasing or transmitting any information or software in the following nature: the information or software including worm, virus or any other harmful function, or the traffic of which so generated may impede the using, sending or searching of information by others;
v. Having access to or attempting to have access to Our Products by any automatic means, or violating the requirements of any robots.txt or similar documents in the related program of the software or services of Our Products;
vi. Using, leasing, borrowing, reproduction of data, amending, linking, reposting, assembling, releasing, publishing and establishing of mirror image station of information and Contents of Our Products for commercial purpose;
vii. Carrying out any operation for the purpose of manipulation or distortion, making any rating or comment which may damage Our Products, or conducting any acts that may affect the completeness or accuracy of the services of Our Products; or
vii. Any other acts without the express authorization of SWAPP ASIA.

4. If you conduct any of the foregoing acts, you should solely undertake related liabilities and we are not liable. If any damage is thus caused, you should make compensation according to law, and we reserve the rights of recovery of losses and demand of compensation according to law.

5. You agree to fully indemnify and hold harmless SWAPP ASIA from and against any losses incurred to SWAPP ASIA arising from your violation of these Terms of Service, including but not limited to any claims of, demands or losses made by any third party arising from or resulting from your acts, and our necessary expenses of dealing with related matters, such as attorney’s fee.

6. You undertake that you will abide by local laws and regulations, relevant Terms of Service and Privacy Policy when using Our Products.

XII. Intellectual Property Rights

You acknowledge and agree that SWAPP ASIA possesses any and all the lawful rights and interests of Our Products, including any intellectual property rights involved in the software and service.

The information in Our Products includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.

Unless you have otherwise reached written agreement with SWAPP ASIA, this Agreement does not authorize you to use name of software, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to SWAPP ASIA.

XIII. Limitation of Liability

1. Please directly visit our websites to download the installation program of the software or learn any other safe downloading channels we have authorized. You are required to create account and use Our Service through the official channels we provide, including the use of the software or visit to our websites. We are unable to guarantee the safety of your software, services and account if you are in violation of the aforementioned requirements on downloading and installation. In addition, we will not be liable for any loss incurred to you or any third party due to your use of unauthorized software, service or account.

2. You are required to use Our Products in a proper way. For the detailed functions and operations, please see the content of “Help” in the products. You may also contact us directly to obtain necessary help: support@swapp.asia. You will be liable for any losses due to your improper setting or improper operation.

3. You fully understand that Our Products will involve Internet services and may encounter various risks such as force majeure which may cause the suspension of relevant services. We will use our best efforts to conduct timely repair, howsoever you shall be solely responsible for all losses incurred thereby, and we are not liable for the losses. Such risks include but not limited to the service interruption and disruption as a result of any of the following reasons:
i. damage due to computer virus, Trojan or other malicious program, and hacker attack;
ii. a fault takes place in the software, system, hardware or communication lines of the terminal device of the users or SWAPP ASIA;
iii. accident, natural disaster or governmental act;
iv. users’ use of any services which are not provided or authorized by SWAPP ASIA; or
v. any other force majeure or factor beyond SWAPP ASIA’s control.

4. We will not provide any guaranty of any kind for any unpredictable or uncontrollable technical defect in the product, service stability and any losses or damages thereby caused, unless otherwise required by law or regulation.

5. SWAPP ASIA reminds that you should export your business card information and backup regularly.

6. We will not be directly or indirectly liable if there is any direct or indirect loss incurred during the period when Our Products are not available for normal use.
7. You acknowledge and agree that if you use a location-based service of Let’s Swapp, other users nearby might find you based on location. If you exchange business card information with other users, you should act carefully in judging authenticity of the information, and prevent use with ill intention or your own injury, etc.

XIV. Use by Juveniles

Our Products does not directly target any juvenile users. If you are a juvenile user and decide to use Our Products any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use Our Products under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use Our Products in a correct way.

XV. Notification of Infringed Contents and Counter Notification Procedures

1. Infringement Notification:
As part of our intellectual protection work, except for the provisions of the Terms of Service, if any individual or group finds that any other user has infringed upon its lawful rights or interests by transmitting information through the use of our services, such individual or group (“Complainant”) may notify us in writing by giving us an official infringement notification signed or stamped (if it is a duly established organization or entity) for the purpose of protecting intellectual property rights. The infringement notification will include the following contents: detailed contact information of the Complainant, including the name, address, telephone number and email address with a copy of the ID card, passport or registration certificate; contents of suspected infringement as shown in this service for our notifying the user who manages the contents; materials as preliminary proof of infringement act;

a) Ownership certificates to certify Complainant’s trademark rights, copyrights and other exercisable rights to the Contents pursuant to law in respect of the Contents of suspected infringement;

b) Specifying the contents of the suspected infringement which has infringed upon the Complainant’s legitimate interests set forth in Section a) above;

c) The infringement notification shall also include the following statement: “(i) I am the obligee or I am authorized to exercise the rights; (ii) I hereby represent that the information contained in the infringement notification is adequate, true and accurate, and I am the obligee of the statutory rights specified in Section a) of this infringement notification or I am authorized to exercise such rights. My lawful rights and interests are infringed upon by the Contents contained in the web pages which is suspected of infringement; and (iii) I hereby confirm that if anything contained in this infringement notification is untrue, I would be liable for such misrepresentation”.

2. Counter Notification:
If we remove your Contents or links based on the infringement notification, you may submit to us an official written counter notification signed or stamped (if it is a duly established organization or entity). Your counter notification shall be made in the following format including detailed contact information, including the name, address, telephone number and email address with a copy of the ID card, passport or registration certificate; the information, contents or web pages removed by us; materials as preliminary proof of non-infringement;
a) The materials which can prove the legality of the Contents removed, including but not limited to the materials which can prove your rights to the Contents removed or that you have been authorized to exercise the rights to the Contents removed;
b) The counter notification shall also include the following statement: “(i) I am the obligee or I am authorized to exercise the rights; (ii) I have the right or am authorized to provide or release the information or Contents removed; I hereby represent that the information contained in the counter notification is adequate, true and accurate, and I am the obligee of the statutory rights specified in Section a) of the counter notification or I am authorized to exercise such rights; and (iii) I hereby confirm that if anything contained in this counter notification is untrue, I would be liable for such misrepresentation”.

3. Please send the foregoing materials and your contact information to support@swapp.asia

4. We will process your request forthwith upon receipt of the valid infringement notification and counter notification according to law. You agree that we can copy the notification and attached supporting documents and provide that to third party to find out about the facts involved. We will also contact you on the mater via phone, email, etc.

XVI. Effectiveness, Term and Renewal

By using and registration with Our Products, you express your consent to and acceptance of this Agreement, i.e. this Agreement will be binding upon you. If you do not agree with this Agreement, please stop using Our Products immediately.

XVII. Amendment

We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on need of operation and development. If such amendments result in material reduction of your rights under this Agreement, before the amendments come into effect, we will notify you via reminder in distinct spot at the interface of Our Products, website announcement or email. Your continuous use of Our Products will be deemed as your acceptance of such update.

XVIII. Update, Discontinuation, Suspension and Termination of Our Products

1. You may stop using Our Products at any time. If you want to cancel your account, please contact us: support@swapp.asia. You may send the email regarding cancelation of the account via the registered email address. We will respond as soon as possible within reasonable period.

2. Our Products may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.

3. We reserve the rights to amend, interrupt, suspend or terminate to provide Our Products based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing Our Products and services, etc. We will make reasonable effort to notify you. We will provide high quality services for you and there will be situations described in this section only under special conditions.

4. You agree that we may, without prior notice, suspend or terminate the services if:
1) the personal information you provide is inaccurate, fake or illegal/valid;
2) you are in breach of this Agreement;
3) you fail to make sufficient payment to SWAPP ASIA (if applicable);
4) we do so subject to law or requirements of competent authority;
5) other condition upon which we need to do so.

5. If your account without subscription of any paid service is not in use in successive subscription period, we reserve the right to terminate such account (before one month prior to termination, we will notify you on your continuous status of not signing in your account and notify you that if you do not sign in within the following one month, we will terminate the account for use), in order to avoid any waste of resources. The losses (including but not limited to loss of information, etc.) incurred therefrom should be borne by yourself.

6. The account will be canceled upon termination of Our Service. We, subject to law and regulation, reserve the right to completely delete all information in your account, and we shall no longer undertake obligation to you.

XIX. Severability

If any provision of these Terms of Service is held to be illegal or unenforceable by any court or arbitral institution, the other provisions shall survive and continue to be binding.

XX. Governing Law and Jurisdiction

1. The parties understand and agree to abide by the special regulations applicable to certain nations/regions as set forth in the Privacy Policy.

2. The parties agree that the governing law of these Terms of Service as follows:
When you browse or use our products, you agree that you (and your act of browsing and using) will be regulated by the laws of Malaysia and you consent to jurisdiction of the court of Malaysia. The parties agree that the relevant dispute should be first resolved through negotiation, failing which, it is to be submitted to the competent court at SWAPP ASIA’s domicile.

XXI. Miscellaneous

1. All the headings used in these Terms of Service are inserted only so that the text is easy for reading. They do not have any actual meaning and should not be taken as the basis for the construction of these Terms of Service.

2. With regard to amendment to these Terms of Service, change of services or modification to any other important matters, we will make an announcement through our website or notify you via email, etc. Such notification shall be deemed as having been served upon release of the announcement or delivery of the email to your registered email.

3. We welcome your feedback in respect of Our Products. Unless otherwise expressly represented or subject to applicable laws, any feedback sent from you will be deemed as non-confidential contents. You agree that we may, at our own discretion, decide whether to release or publish such contents. And you agree to authorize us to use the same at no cost and to amend, adapt, adjust design or change related technical plans, or make any amendment as necessary.

4. If you have any comments on our services or the Terms of Service, you may contact us: support@swapp.asia , and we will use our best efforts to provide you with timely and necessary assistance.