In consideration of Riding Pink Sdn. Bhd. (1211274H) (“Riding Pink”) agreeing to provide ride-matching services to you, any passengers traveling with you and/or any passengers for whom you may arrange Riding Pink's services, including but not limited to minors, (collectively the "Riders"), I/We agree, represent and warrant as follows on behalf of myself and as agent and attorney in fact for each of the Riders:
i. I/We acknowledge that Riding Pink's business is limited solely to matching Riders requiring transportation services (the "Transportation Services") with persons (the "Drivers") willing to provide such Transportation Services and, accordingly, Riding Pink shall not be responsible for nor accepts any liability for any loss, damage or injury sustained to a Rider through the provision of the Transportation Services;
ii. I/We understand and acknowledge the inherent risks to Riders and Drivers when using the Transportation Services. These include, but are not limited to injury and any bodily harm and damages to property;
iii. I/We acknowledge that Riding Pink does not condone unsafe and reckless driving and will not be liable for any participation in such activity.
iv.I/We acknowledge that we do not have any known conditions that may increase the likelihood of sustaining injuries incurred whilst using the Transportation Services;
v. the Driver is not an employee or agent of Riding Pink and, accordingly, Riding Pink, shall not be responsible for nor liable for the acts or omissions of the Driver;
vi. to the fullest extent permitted by law, I/We release (and similarly release as agent and attorney in fact for and on behalf each Rider), hold harmless and shall indemnify Riding Pink, its partners, employees, agents and servants, in respect of any losses, damages and expenses ("Losses") that Riding Pink may suffer or incur in relation to any claim made by or brought on behalf of any Rider in respect of the Transportation Services or Riding Pink's services in arranging the same, including any Losses caused by any actual or alleged negligence of Riding Pink, its partners, employees, agents and servants. This exclusion of liability shall apply regardless of whether such Losses are direct, indirect, special or consequential and includes death and personal injury. I/We further agree that this limitation of liability shall apply regardless of whether the Losses are claimed in contract, tort (including negligence) or on any other basis;
vii. I have full power and authority to provide such agreement, representations and warranties on behalf of myself and as agent and attorney in fact for each of the Riders; and
viii. If any of the foregoing provisions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions in the foregoing which shall remain in full force and effect.
The Personal Data Protection Act 2010 (“PDPA”) regulates and authorizes the processing of personal data in respect to commercial transactions. In line with the PDPA, this Personal Data Protection Notice (“Notice”) is to inform you of how Riding Pink Sdn. Bhd. (“We”, “Us”) collects, records, holds, stores, uses, discloses and/or processes your personal data which may include without limitation, your name, gender, age, date of birth, nationality, identity card/passport number, contact details (such as telephone number, email address, address, profile photo), occupation, user name, race, car registration number, car model, vehicle insurance, bank account details and/or other information/data relating to you (“Personal Data”). If applicable, we may also collect, record, hold, store, use, disclose and/or otherwise process your family member’s Personal Data from time to time.
Please note that the provision of your Personal Data is voluntary. If however you do not provide us with your Personal Data, we may not be able to communicate and/or provide the services that you require from us.
1. Source of Information
1.1 Your Personal Data is collected by us through the following methods, which include but are not limited to:
- Information or comments you have provided to us by whatsoever means and/or in whatsoever manner;
- Information obtained independently by us or given to us from other lawful sources.
2. Purpose of Collecting Information
2.1 Your Personal Data is collected for, but not limited to, the following reasons:
- Verification of your identity and processing of your personal particulars and requests;
- Conducting background checks as may be necessary or appropriate;
- Contacting you as per day-to-day business operations;
- Conducting day-to-day business operations and the exchange of rider/driver information to fulfil your requests;
- Contacting you for the delivery of notices, statements, invoices, etc.;
- Responding to your requests, queries, feedback and/or complaints;
- For organizing events or other marketing or promotional activities;
- For marketing research, user profile and statistical analysis and other development activities to improve our services for your benefit;
- To protect and enforce our contractual and legal rights and obligations, including but not limited to matters relating to accident claims, litigation and/or third party settlement;
- To comply with any applicable laws and regulations, codes of practices, guidelines or to assist in law enforcement and/or investigations by any governmental authority, public agency, statutory board or similar authority; and/or
- Maintaining a continuous relationship with you and allowing us to provide continuous support and upkeeping of any relating matters relating thereto.
2.2 In connection with this, we may also from time to time for the above purposes request further information from you and subject to any notice to the contrary from you, you are deemed to have consented to provide us with such information as requested for.
3. Disclosure of Information
3.1 Certain Personal Data may be required to be disclosed to third parties, including but not limited to the following, for one or more of the purposes as listed above:
- Agents, contractors and/or third party service providers who provide operational service to us e.g. information technology service providers;
- Third party business partners collaborating on corporate promotional events with us;
- Our auditors, accountants, lawyers, or other professional advisers;
- Any person to whom we are required to act under the law or in relation to any order of judgement of a court, or in response to relevant government regulators, governmental authorities, public agencies, law enforcement agencies, statutory boards or similar authorities;
- Any other party(ies) to whom you authorize us to disclose your Personal Data.
4. Accuracy of Information
4.1 We also endeavour to ensure that your Personal Data is accurate and complete, however, this will depend on the efforts taken by you to ensure that all Personal Data submitted to us is complete, true and correct.
4.2 You will be fully responsible to update us on any changes to your Personal Data that is initially provided to us. We will not be liable for relying or using incomplete or inaccurate Personal Data arising from your lack of updates to us.
5. Retention of InformationAccuracy of Information
5.1 We will retain your Personal Data for the period necessary to fulfil the purposes outlined in this notice unless a longer retention period is required or as may be required by applicable law.
5.2 When destroying your Personal Data, we will take commercially reasonable and technically feasible measures to make the Personal Data irrecoverable and irreproducible, as may be required by applicable law.
6.Access and Correction of Information
6.1 Should you require to access/ update/ complete/ delete your Personal Data stored with us, you may request to do so by making a written request to us via email or letter.
6.2 Should you wish to object/ withdraw, in full or part of, your consent given to us to use certain Personal Data for the purposes listed above, you may request to do so by making a written request to us via email or letter stating your objections
6.3 Kindly direct your request to: ***, Attention: Compliance Officer
6.4 Please note that your request above shall only be effective upon our acknowledgment of receipt thereof and may be subjected to applicable laws and/or prescribed fees under any prevailing data protection laws.
7. Security and Safeguards
7.1 We aim to keep and process Personal Data in a secure manner. We will take all precautions necessary, where practicable, to implement appropriate administrative and security safeguards on our database to protect your Personal Data disclosed to use and prevent unauthorized access, collection, usage, disclosure, copying, modification and/or disposal of your Personal Data.
7.2 As our information storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia.
7.3 Please note that even with such preventive safeguards and procedures in place, no electronic transmission can be entirely secure. We cannot assume responsibility for any unauthorized use of your Personal Data retrieved by third parties which are wholly attributable to factors beyond our control.
7.4 Any user identification and/or passwords used on our website should be kept secure and not shared with anyone. You are to ensure that you exercise caution to ensure that your information is protected and not accessible by anyone other than yourself. We cannot assume responsibility for any unauthorized third party access arising from your failure to keep such information confidential.
8.1 By interacting with us and/or by engaging us to provide services to you and/or by using/accessing our website at www (or any subsequent URL which may replace it) and/or by using/accessing our mobile application, you hereby consent to the collection, recording, holding, storing, usage, disclosure, and/or processing of your Personal Data among ourselves as well as our business partners and other relevant third parties (based within or outside Malaysia).
9.1 In the event of any inconsistency or conflict between the English language version of this Notice and the Bahasa Malaysia language version of this Notice, the English language version of this Notice shall prevail with respect to such inconsistency or conflict.