Privacy Policy

 

FrogAsia Assignments App Terms of the Acceptable Use Agreement (“AUA”)

We are offering you (“User”) this Frog Assignments Application (“App”) to use for your own personal use only, and you should be aware that you cannot send it on to anyone else. You’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions.

The App stores and processes personal data that you have provided to us so that you can view and complete assignments. It’s your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.

You should be aware that there are certain things that FrogAsia will not take responsibility for. Certain functions of the App, such as the ability to download and store your YES IDs offline, viewing and completing assignments functions will all require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but FrogAsia cannot take responsibility for the App not working at full functionality if you don’t have access to an active internet connection, and/or you don’t have any of your data allowance left.
If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

We reserve the right to make changes to the App or to charge for its services, at any time and for any reason. The requirements for the system (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. FrogAsia does not promise that it will always update the App so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the App when offered to you, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.

  1. Authorization for Access and Use –
    1. You acknowledge and agree that by accessing or using the App, (i) You are indicating that you have read, understood and agree to be bound by this AUA; and (ii) If you are a parent or legal guardian of a child who is an authorized User, you hereby consent to your child or to each of your children (where applicable) to use and access the App and agree to be further bound by this AUA on behalf of your child or each child. We consider it the responsibility of the parents or legal guardians to monitor and track their child/children’s use and access on the App.
    2. We will determinate the level and extent of access and use for each User on or through the App. In addition, certain areas of the App your use and access to same may have different terms and conditions posted or may require you to agree to and accept additional terms. If there is conflict between this AUA and terms and conditions posted for specific area of the App, the latter terms and conditions will take precedence with respect to your use of or access to that area of the App.
    3. Except as expressly specified in this AUA or the specific terms and conditions posted under the relevant section of the App, all access to and use of the App is a licence and is not owned by you. We grant you a limited, nonexclusive, non-transferable license, without the right to sub-license, without any right to download and install a copy of any content or application whatsoever onto any device (and run such copies), for your personal, educational non-commercial use made available through the App. You will only use the App as permitted by the specific terms and conditions herein.
  2. Acceptable Use– The use of the App and your User’s account must be consistent with the educational objectives of your School and for your educational non-commercial use. Transmission of any material in violation of any national or state regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret.
  3. Privileges– The use of the App is a privilege, not a right, and inappropriate use will result in a cancellation of those privileges. Our App administrators are entitled to determine what constitutes inappropriate use and their decision will be final. Also, our App administrators may close a User’s account at any time as required. Please note that sharing of Users’ accounts is prohibited to ensure the privacy and identity of the account owner.
  4. Usage Etiquette– You are expected to abide by the general accepted rules of usage etiquette. These include (but are not limited to) the following:
    1. Be polite. Do not get abusive in your messages to others.
    2. Use appropriate language. Do not swear, use vulgarities or any other inappropriate language.
    3. Illegal activities are strictly forbidden.
    4. Do not reveal your personal address or phone numbers of students, teachers, parents or colleagues.
    5. Note that electronic mail (e-mail) is not guaranteed to be private. People who operate the system do have access to all mail. Messages relating to or in support of illegal activities may be reported to the authorities.
    6. Do not use the App in such a way that you would disrupt the use of other applications by other users.
    7. All communications and information accessible via the App should be assumed to be private property.
  5. Intellectual Property Rights– The App Content are protected by copyright, trademark, and other laws in Malaysia and international intellectual property laws. Except as expressly provided in our AUA, we and/or our licensors exclusively own all rights, title and interest in and to the App, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App. We claim no ownership interest in any third party services/ content and expressly disclaim any liability concerning such services/ content. Subject at all times to Clauses 6 and 7 below, appropriate acknowledgement of the copyright owner is required if the App’s content, third party services or contribution are re-published by you in any permitted format for private, educational non-commercial purposes and no endorsement should be implied by it use. You must ensure that others to whom you provide such materials in accordance with the above are made aware of these restrictions. You will not use the App to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works other otherwise violates or promotes the violation of intellectual property rights of any third party. We shall have the right and sole discretion to terminate in any circumstances the User’s account and access to the App, Users who infringe or are believed or alleged to be or charged with infringing the rights of copyright holders.
  6. Third Party Services, Links and Restrictions –
    1. Your use of the App and/or the services offered on App may include or be made available by third parties. Certain of the services may enable you to access, review, display or use the third party content, materials, websites, services, data, applications, software, servers and source code or provide links to certain third party websites (collectively and individually “Third Party Services“). You agree that we are not responsible for any Third Party Services that originates from a source other than us and the our content herein does not include the Third Party Services you interact with via the App. By accessing the Third Party Services, you acknowledge and agree that we do not undertake any obligation or liability for such services including but not limited to responsibility for examining or evaluating the content, accuracy, availability, video streaming quality, advertising, products, completeness, timelines, validity, copyright compliance, legality, decency, quality, their terms and conditions (of use/service, privacy policies, community guidelines etc.) or any other aspect of such Third Party Services.
    2. You agree that any Third Party Services contain proprietary content and material that is protected by applicable intellectual property laws and you will not use such proprietary content and materials in any unauthorized manner except as permitted by the Third Party Services in the exact manner specified and enabled by them and nothing contained in this AUA confer any license or right to use any intellectual property rights of the Third Party Services. The links and embed links contained in our Services will lead to other Third Party Services not under our control, and we accept no liability for such content which is provided to you as a convenience only and use of the same is entirely at your own risk. You acknowledge that you have such rights so long as the Third Party Services and their applicable copyright holders have rights to provide you their services (all or any portion thereof) via the links, embed links, each case as solely permitted by the Third Party Services and the applicable copyright holders. You are bound by the terms and conditions of the Third Party Services before using, viewing and accessing their services and direct any questions and comments about the linked Third Party Services’ content to the relevant third party and/0r applicable copyright holders of such content.
  7. Uploading/posting on the App– If you share, upload and/or post any material (including, any text, computer script, code, photographs, graphics, video or audio or web links to the same) (“Contribution“) on the App or any other public forum or channel on the App, you agree to grant to FrogAsia a worldwide, exclusive, royalty free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display and perform, transmit, stream, communicate to the public and otherwise use and exploit the Contribution and your profile on the App. Your Contribution may be seen, shared amongst and accessible by other Users. If the Contribution includes another person, you must ensure that the other person has consented to be in your Contribution and to putting your Contribution on the App. You warrant to us that your Contribution does not breach copyright or any other intellectual property rights and that you have not included or copied another person’s material without their consent or license, and you indemnify us against any loss they may suffer as a result of a claim that the Contribution contains any third party’s intellectual property rights. If you have used another person’s material, you undertake to ensure that the original creator has given you permission in advance to use it and to have it published by us on the App, without any payment, and that the original creator has waived any moral rights they may have in the Contributions. We have no obligation to monitor your access or use of the App or to review or edit any Contributions but we have the right to do so for the purposes of operating the App to ensure your compliance with this AUA or to comply with the applicable law, regulations including any requirement from all relevant authorities.
  8. Disclaimer of Warranties– FrogAsia make no warranties of any kind, whether expressed or implied, for the Services they are providing in connection with this AUA or from the use of or inability to use the App. FrogAsia will be responsible for any damages of any kind or nature you suffer. This includes loss of profits, loss of data resulting from delays, non deliveries, mis-deliveries, or service interruptions, device damage or system failure caused by its own negligence or your errors or omissions. Access and use of the App (including any Third Party Services and Contribution) and/or internet is at your own risk. FrogAsia specifically deny any responsibility for the accuracy or quality of information obtained through their services or that the App will meet your requirements or be available all the time or at any specified time on an uninterrupted, secure or error-free basis.
  9. Security– Security on any computer system is a high priority, especially when the system involves many Users. If you feel you can identify a security problem on the App, you must notify your School head teacher or IT administrator immediately. Do not demonstrate the problem to other users. Do not use another individual’s account without written permission from that individual. Attempts to log on to the App as a system administrator will result in cancellation of user privileges. Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the App. The App administrators have the right to investigate and prosecute violations of any of the terms in the AUA, including intellectual property rights infringement and App’s security issues. We may involve and cooperate with our affiliates, law and regulatory enforcement authorities in prosecuting Users who violate this AUA and/or any other App’s specific terms and conditions or the rights of any third party.
  10. Privacy Policy– FrogAsia, are committed to safeguarding your personal data online. Our use of personally identifiable information is governed by our Personal Data Protection Policy.
  11. Contact– For general enquiries, feedback and notifications, you can email us at enquiry@frogasia.com and for support enquiries, you can contact your school IT administrator.
  12. Data Charges– By accessing the App, you agree and understand that data charges are applicable to you when you (i) access the App (including accessing the Third Party Services) outside of your school via a third party internet service provider network; and (ii) access the Third Party Services made available on or through the App whether in your school or outside of your school via use of our Yes 4G network.
  13. Amendments– FrogAsia reserve the right, in its sole discretion, modify, suspend, discontinue or terminate all or any part of the App at any time without prior notice to you or to amend this AUA from time to time. if FrogAsia changes this AUA, an updated version of this AUA will reflect those changes and we will notify you of such changes by updating the effective date at the bottom of this AUA.
  14. Law– This Acceptable Use Agreement and your relationship with FrogAsia under this AUA shall be governed by the laws of Malaysia. You agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any legal matter arising from this AUA. Notwithstanding this, you agree that FrogAsia shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  15. Effective Date– The Effective Date of this AUA is 30 June 2016.
  16. For purposes of this AUA, the following capitalized words shall have the meaning as ascribed to them:

“FrogAsia” means FrogAsia Sdn. Bhd. (968641-K), a private limited company incorporated in accordance with laws of Malaysia and having a business address at Unit 9, Level 2, D6 at Sentul East 801, Jalan Sentul 51000 Kuala Lumpur, Malaysia.

“App Content” mean FrogAsia and YTL’s proprietary and/or licensed content, including but not limited to, FrogAsia and YTL’s trademarks and logos, text, graphics, icons, images, software and source code and the arrangement and compilation of such content and any databases made available through the App (excluding Third Party Services and Contribution).

“User” means all authorized users of the App who have been issued the 1Bestarinet Yes IDs and password under the 1Bestarinet program who is permitted to access to the App.

“YTL” means YTL Communications Sdn. Bhd. (793634-V), a private limited company incorporated in accordance with laws of Malaysia and a licensee under the Communications and Multimedia Act 1998 with its business address at Level 19, One Oriental Place, No. 1 Jalan Hang Lekiu, 59100 Kuala Lumpur, Malaysia.
Acceptable Use Agreement

I understand and will abide by the above FrogAsia Assignments App Terms of the Acceptable Use Agreement and have the right, authority and capacity to enter into this Agreement which shall govern my access and my child/children’s access to and use of the App and set forth the legally binding terms for my use and my child/children’s use. I further understand that any violation of the terms above may constitute a criminal offense. Should I and/or my child/children commit any violation, my and/or my child/children’s access privileges may be revoked, appropriate disciplinary action may be taken, and/or appropriate legal action.

I agree to and accept the terms of the Acceptable Use Agreement by either (1) clicking to agree or accept where these options are presented to me, or (2) actually using the Frog Channels or Internet service.

 

PERSONAL DATA PROTECTION POLICY

APPLICATIONS & TERMS OF USE

  1. THIS POLICY & YOU
    1. Pursuant to the Personal Data Protection Act 2010 this Policy outlines the rights, interests, obligations and duties of all parties involved in the collection, recording, holding, storing or processing (as defined below) of personal information and data as may be protected by the Act.
    2. For the purposes of this Policy, the expression “you”, “yours” or any other cognate word or expression of similar nature shall mean a customer of FrogAsia and/or the Services (as defined below), and the expression shall also apply to you acting in your capacity as agent of a Data Subject (as defined below) if you are a parent or guardian of a Data Subject.
    3. This Policy is valid as at 30thApril 2013. We will notify you of any changes to the Policy by email and/or notices placed on its website so that you are aware of such changes.  Continued use of the Services will signify your agreement to the new (revised) Policy.
  2. DEFINITIONS
    1. For the purposes of this Policy, the following capitalised words shall have the meanings as ascribed to them:

“Act” means the Personal Data Protection Act 2010.

“Data Subject” means an individual who is the subject of the Personal Data, and shall include any child or dependent under your care, custody control and/or guardianship.

“Data User” means a person who either alone or jointly or in common with other persons processes any Personal Data or has control over or authorizes the processing if any Personal Data, but does not include a data processor as defined in the Act.

“FrogAsia” means FrogAsia Sdn Bhd (968641-K), a private limited company incorporated in accordance with laws of Malaysia and the licensor of the Frog Assignments Application.

“Personal Data” means any information in respect of commercial transactions, which (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a Data Subject, who is identified or identifiable from that information or from that and other information in the possession of a Data User, including any sensitive personal data and expression of opinion about the Data Subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2009.

“Policy” means this Personal Data Protection policy and any other amendments, supplements and/or additions as may be added from time to time to it.

“Processing” in relation to Personal Data, means collecting, recording, holding or storing the Personal Data or carrying out any operation or set of operations on the Personal Data, including (a) the organization, adaptation or alteration of Personal Data; (b) the retrieval, consultation or use of Personal Data; (c) the disclosure of Personal Data by transmission, transfer, dissemination or otherwise making available; or (d) the alignment, combination, correction, erasure or destruction of Personal Data.

“Services” means collectively the products and services offered by FrogAsia and/or other companies within the YTL Group, as applicable, on and through the Frog Channels.

“YTL Group” means YTL Corporation Berhad (92647-H) and its related companies and affiliates.

  1. WHAT PERSONAL DATA WE COLLECT
    1. We may collect the following personal data:
      1. Name, NRIC and/or passport number, designation, company/school name;
      2. Contact information including correspondence/billing address, email address, contact number;
      3. Financial and other personal data including credit card details, gender, nationality, race, marital status;
      4. Username (Yes ID) and Password to resolve issues if needed;
      5. Other personal data relevant to registration and/or provisioning of your Yes ID, surveys, promotions and/or other purposes.
    2. We may collect Personal Data from you directly when you use, subscribe or purchase any of the Services or through our appointed service providers, agents, contractors and/or other companies within the YTL Group from time to time.
    3. Unless otherwise stated, all Personal Data requested by FrogAsia and/or other companies within the YTL Group, as applicable, is obligatory and shall be provided by you. Failure to provide such obligatory information may result in FrogAsia and/or other companies within the YTL Group, as applicable, being unable to provide you with such requested Services or unable to continue providing you with such Services (in situations where you stop providing such obligatory information).
  2. PURPOSE OF COLLECTING PERSONAL DATA
    1. You agree that all Personal Data collected and/or gathered by FrogAsia and/or other companies within the YTL Group, as applicable, shall be for the express purposes listed below (“Purposes”):
      1. For verification and authentication of identity of any individual wishing to use, subscribe or purchase the Services;
      2. For purposes of providing and/or improving the Services;
      3. For purposes of conducting credit reference checks including establishing the existence of any breaches, indebtedness, defaults that a potential customer of FrogAsia and/or the Services may have with third parties;
      4. For purposes of ascertaining other eligibility factors of a potential customer of FrogAsia and/or the Services, including any contests, promotion campaigns etc. that FrogAsia and/or other companies within the YTL Group, as applicable, may from time to time announce;
      5. For purposes of FrogAsia’s internal records, filing and operations, where such processing of Personal Data is required to ensure the smooth and optimum management and administration of the Services;
      6. For disclosure of Personal Data to third parties as set out in 7 below.
    2. All Personal Data collected and/or gathered by FrogAsia and/or other companies within the YTL Group, as applicable, shall be for the purposes listed in 4.1 above and/or limited to instances where such Personal Data is required for the performance of or entry into contractual relations or in compliance with any legal obligations. FrogAsia will not sell, distribute or share your Personal Data to third parties unless you have given us your permission to do so or such disclosure is required by law.
    3. FrogAsia may use your Personal Data to send you marketing information which may be of interest to you.  If you do not wish to receive any such marketing information, you may put your request in writing to FrogAsia in accordance with 5.3 below.
  3. CONSENT & RIGHT TO WITHDRAW CONSENT
    1. You are given notice that the Services will only be made available to you (and any child or dependent under your care, custody control and/or guardianship) upon you accepting and expressly consenting to the terms of this Policy, where such express acceptance and consent shall be evidenced by you clicking or checking to verify your agreement to the terms and conditions in the Frog Acceptable Use Agreement, which shall include the terms of this Policy.
    2. By so indicating your acceptance of the terms of this Policy, you shall be deemed to have expressly consented to the processing of your Personal Data (which, for the avoidance of doubt, shall include Personal Data of your child and/or dependent under your care, custody control and/or guardianship) by FrogAsia or any of their respective authorised agents, employees, partners and/or contractors for the Purposes outlined in 4 above.
    3. Notwithstanding anything to the contrary, you may at any time withdraw your consent to FrogAsia processing any Personal Data of yours or to any part or portion of the processing by sending to FrogAsia at the address set out below a written notice of withdrawal and within the period prescribed under the Act. FrogAsia shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of FrogAsia’s other legal obligations.
  4. RIGHT TO ACCESS & CORRECT
    1. You shall, upon written request and payment of prescribed fees, be granted access to all Personal Data held or stored or processed by FrogAsia. To avoid confusion, “access” for the purposes of this provision shall mean notification of such Personal Data of yours that is being processed by or on behalf of FrogAsia and to have a copy of such Personal Data communicated or conveyed to you in an intelligible form of FrogAsia’s choosing.
    2. You may at any time make a written request to FrogAsia to correct any Personal Data of yours that is inaccurate, incomplete, misleading or out-of-date and FrogAsia shall, upon receipt of your written request for correction(s) and within the period prescribed under the Act, take all necessary measures to give effect to such correction(s).
  5. DISCLOSURE TO THIRD PARTIES
    1. In line with the express Purposes outlined in 4 above, you consent to FrogAsia disclosing any of your Personal Data collected or gathered to the following third parties and for the reasons indicated:
      1. To relevant national and other enforcement or regulatory agencies as part of any obligation imposed by law or in relation to any activity pertaining to the administration of justice, prevention of crime or in the interests of national security;
      2. To the Official Assignee’s Office of the Insolvency Department of Malaysia for purposes of conducting a bankruptcy search;
      3. To any relevant bank, financial institution or similar entity as may be instructed by the Data Subject pursuant to any credit facility or payment mechanism initiated at the Data Subject’s request;
      4. To relevant service/product providers from time to time to resolve issues and/or respond to your inquiries relating to the Services;
      5. To service/product providers, agents, contractors and/or other companies within the YTL Group from time to time to help FrogAsia provide and market the Services to you.
    2. Save and except with your express consent, FrogAsia shall maintain strict confidentiality of your Personal Data and not disclose any portion or part thereof to any other entity or third party aside from the ones listed in 7.1 above.
  6. SECURITY, STORAGE & DURATION OF DATA RETENTION
    1. FrogAsia are committed to ensuring that your Personal Data is secure, and in connection therewith, suitable processes and procedure have been put in place to ensure that all Personal Data collected by it shall be stored and/or filed in such manner as to ensure that the Personal Data maintains its accuracy, integrity, remains confidential, is protected against loss, misuse, modification and unauthorised or accidental access, disclosure, alteration, destruction or manipulation.
    2. FrogAsia shall store and/or retain all Personal Data only for as long as required for the fulfilment of the purposes stated in 4.1 above or pursuant to any legal obligation imposed upon FrogAsia in its operation of the Services or by virtue of any applicable law that may from time to time be in force.
    3. FrogAsia may, for security, storage and/or other reasons in connection with the provision of the Services to you (including resolution of issues), transfer your Personal Data to a location outside of Malaysia.  By using the Services, you consent to these transfers.
  7. EXCEPTIONS & EXCLUSION OF LIABILITY
    1. Notwithstanding the foregoing provisions, FrogAsia reserves the right to refuse to entertain any request for withdrawal of consent,  access or correction in the following circumstances:
      1. Where there is an insufficiency of information provided by you or any party making a request to enable FrogAsia to positively locate or identify the Personal Data in question;
      2. Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where FrogAsia feels that you or the requesting party is not in fact the owner or the subject of the Personal Data in question and is not lawfully entitled to make any requests in relation to the Personal Data;
      3. Where permitting access or correction would be tantamount to a violation of an order of Court;
      4. In requests for access or for correction (excluding instances of withdrawal of consent):
        1. where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy or that of the part making a request;
        2. where compliance with the request would involve the unauthorised disclosure of Personal Data belonging to a third party;
        3. where compliance would result in the disclosure of confidential commercial information; or
        4. where access is regulated by another law.
      5. In the area of Personal Data protection, FrogAsia shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of Personal Data in the following instances:
        1. Where an act of nature or event outside the control of FrogAsia results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;
        2. Where Personal Data is readily available or able to be found in the public domain; and
        3. Where despite FrogAsia’s best efforts, there is unauthorised access, modification, alteration, misuse, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under the control or direction of FrogAsia.
      6. NOTICES AND COMMUNICATIONS
        1. You are kindly directed to use the following address for purposes of withdrawal of consent in 5.3 or to request access and/or correction to any Personal Data pursuant to 6:

PDPA Compliance Officer

Unit 9, Level 2, D6 at Sentul East

801, Jalan Sentul, 51000 Kuala Lumpur

Malaysia

Email: enquiry@frogasia.com

  1. Please note that all notifications or other communications from you to FrogAsia must be in writing, legible and contain your full name, current address, NRIC number and contact particulars. FrogAsia reserves the right not to entertain any notices or communications which do not contain the foregoing particulars, are illegible, incomprehensible or where the party concerned cannot be contacted or where contact particulars are found to be incomplete, inaccurate or in error.

Ends.

 Posted by at 4:45 am