OHANA PRIVACY POLICY

1. INTRODUCTION

1.1 This Privacy Policy (“Policy”) contains the full understanding in respect of the protection of Personal Data between you and Ohana Communications Sdn. Bhd. and its affiliates (including but not limited to its holding or parent company, subsidiaries, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia)(“Ohana”).

1.2 The term “Personal Data” means any information in the possession of Ohana or control of Ohana that relates directly or indirectly to you to the extent that you can be identified or identifiable from that and other information in the possession of Ohana. Ohana may process the Personal Data by way of collecting, recording, holding, storing, using or disclosing it.

1.3 This Policy forms part of the Ohana’s Customer Terms and Conditions and the Specific Terms and Conditions (if applicable), which should be read together with this Policy, a copy of which you may obtain at Ohana’s website on http://www.ohana.my/ or by phone request at Ohana’s customer service hotline at 1300-880- 880 or email at service@ohana.com.my.

1.4 This Policy explains:

This Policy explains: a. the type of Personal Data about you which is processed by Ohana when you acquire and/or use any services offered by Ohana (“Services”) or when you access and/or use the Ohana’s website and its related sub- sites or portals owned or operated by Ohana (“Sites”);

b. where or how Ohana obtains your Personal Data (where available);

c. the purposes for which Ohana collects and uses your Personal Data;

d. the classes of third parties to whom Ohana may disclose your Personal Data; and

e. whether it is voluntary or obligatory to supply your Personal Data and the consequences of failing to supply your Personal Data when it is obligatory.

1.5 By registering and using the Services and/or accessing and using the Sites, you indicate your consent to your Personal Data being:

a. processed by Ohana for the purposes set out in this Policy; and

b. disclosed by Ohana to those classes of third parties identified in this Policy.

1.6 This policy is effective until further notice by Ohana.

1.7 Ohana reserves the right, at its sole discretion, to terminate, withdraw, change or update the terms and conditions in this Policy from time to time. Ohana will notify you of any changes via announcement on the Sites or through other reasonable means of providing notice as Ohana may deem appropriate. Any changes to this Policy will be effective immediately upon notice to you. By continuing to use the Services and/or access to the Sites after being notified of any changes to this Policy, you will be treated as having agreed to and accepted those changes.

1.8 If you do not agree to this Policy or any changes to this Policy, you must terminate your relevant agreement with Ohana and/or stop accessing or using the Sites.

2. TYPES OF PERSONAL DATA OHANA COLLECTS ABOUT YOU

2.1 During the Registration Process Each time you register with Ohana for a Service, you will be asked to provide certain Personal Data about yourself. The type of details collected during the registration process include (but are not limited to) your name, date of birth, gender, nationality and race, preferred language, current and/or previous private and/or business address, installation address, tele phone or mobile phone number, fax number, email address and particulars of identity documents (including NRIC or passport number). In some instances Ohana may also collect from you, your credit card/debit card number or bank account details. Whenever the Personal Data requested by Ohana is marked as mandatory, you must provide and agree to the processing of this Personal Data by Ohana. If you do not agree to provide this Personal Data or agree to Ohana processing it in the manner set out in this Policy, then Ohana will be unable to provide the relevant Services to you and your application for that Services will be rejected.

2.2 From your use of the Services which you have acquired from Ohana or subscribed to In addition to your Personal Data collected during the registration process, Ohana also processes Personal Data about:

a. the Services you have acquired from Ohana or subscribed to;

b. how you use the Services (including but not limited to email addresses, emails and other communications made and received by you and the date, duration, time and cost of such communications, the type (but not content) of any files sent by you pursuant to such communications, your internet searching and browsing history, access to content, uploads and downloads (including the amount of data consumed), your IP address and your PC location;

c. the quality of the Services you have received from Ohana (in terms of network reception and data quality);

d. your billing and payment status and records;

e. your personal interests and preferences (by looking at the types of Services you acquire and how you use them); and

f. the equipment which you use when accessing the Services (such as your computer system and platform).

2.3 When you visit any of the Sites

2.3.1 Ohana employs an industry standard technology called “cookies”. The cookie is a small piece of information stored on the hard drive of your computer or device for record-keeping purposes, and is used by Ohana to track your visits to the Sites. Cookies may be used to save your preferences for your ease and convenience when using the Sites. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements.

2.3.2 The type of anonymous click stream data collected by Ohana through the cookies may include your IP address, date and time of visit of the Sites, and whether your requests (including search requests and clicking on links to parts of the Sites) were met with successfully. All such information collected though cookies are not Personal Data and you cannot be identified from this information. By collecting such anonymous information, Ohana can track user trends and patterns to allow Ohana to provide you with a better and more innovative user experience.

2.3.3 The use of cookies is now an industry standard, and you will find them used on most major websites. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You should understand that areas of certain sites will not function properly if you set your browser to not accept cookies.

2.4 Through your communications with Ohana or through postings you make on the Sites

2.4.1 Ohana also collects your Personal Data through direct communications Ohana has with you (including by MMS, SMS, emails and phone conversations) and when you respond to requests from Ohana (such as contests, questionnaires or surveys). This might include any Personal Data about yourself which you provide to us, including information about your personal interests and preferences. If you post your views or opinions in any bulletin boards on the Sites, Ohana may also collect and use this Personal Data.

2.4.2 This Personal Data will only be collected with your knowledge and consent as it is your choice whether or not you respond to or initiate such communications with Ohana or whether you post something on a bulletin board on the Sites. We may monitor and record our communications with you (although we will always inform you if your call with us is being recorded). It is voluntary for you to provide this additional information or to have your call recorded. However, if you do not agree to this information being collected and used by Ohana then you should not provide or post it, which in turn means that you may not be able to participate in or receive the full benefit of such communications, contests, questionnaires or surveys.

3. PURPOSE OF ACQUIRING AND PROCESSING YOUR PERSONAL DATA

3.1 Ohana may process the Personal Data to:

a. verify and authenticate your identity including update our records about you from time to time;

b. process the application for the Services which you have requested, and provide you the Services on a continuous basis;

c. administer and manage the Services provided to you including charging, billing, facilitate payments and collecting debts;

d. contact you by the preferred contact method you have indicated, which may include email or telephone, should the need arise in respect of the Services or the Sites, or to inform you of new Services, terms and policies;

e. investigate and resolve any service issues, billing queries, complaints or other enquiries that you submit to Ohana regarding Ohana’s network, Services, Sites or customer relations teams;

f. detect, investigate complaints and prevent fraudulent, prohibited or illegal activities;

g. conduct research for purposes including historical and statistical analysis in connection with the Services;

h. enforce the Ohana’s Customer Terms and Conditions and the Specific Terms and Conditions and other agreements;

i. match any Personal Data held by Ohana or its affiliates (including but not limited to its holding or parent company, subsidiaries, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia) relating to you from time to time;

j. monitor and improve the quality of the Services, the Sites and the performance of Ohana’s network;

k. maintain and develop Ohana’s business systems and infrastructure, including testing and upgrading of these systems;

l. assist Ohana in understanding the browsing preferences of users such as yourself on the Sites so that we can tailor content according to individual preferences;

m. provide marketing services or related products to you (including without limitation by way of direct mail, bill inserts, telemarketing, email, MMS and SMS):

i. other Services and special offers; and

ii. products, services and special offers of third parties whose products and services Ohana thinks may be of interest to you (please note that Ohana will never give your Personal Data to these third parties for the purpose of them promoting and marketing their products and services to you directly);

n. send you seasonal greetings messages or public service announcements;

p. manage staff training and quality assurance; and/or

q. automatically scan messages to check for spam, fraud, phishing attacks, computer viruses or malicious computer programming routines, and other malicious activities or illegal or prohibited contents.

3.2 It is necessary for Ohana to process your Personal Data for the above purposes (“Purposes”) to provide you the Services. If you do not consent to the above, you may choose to remove your Personal Data, but in doing so you are required to terminate your agreement with Ohana and may no longer use the Sites or the Services.

3.3 Your Personal Data may be used for purposes of promotion and marketing to you, such as emailing you special offers and promotions by Ohana or Ohana’s third- party affiliates, both in general or customised based on the Personal Data processed, and you may opt out of from such promotion and marketing if you choose to do so by notifying Ohana of your decision.

4. DISCLOSURE OF YOUR PERSONAL DATA

Ohana may and you hereby expressly consent for Ohana to disclose your Personal Data to carefully selected third parties. Ohana shall endeavour to ensure that reasonable steps are taken to procure that all such third parties shall not use the Personal Data other than for that part of the Purposes and to adequately safeguard your Personal Data. These third parties are as follows:

a. a third party contracted by Ohana or its affiliates (including but not limited to its holding or parent company, subsidiaries, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia), to assist Ohana in providing all or part of the Services to you, including but not limited to the following:

(i) customer enquiry and other customer related services (including telemarketing);

(ii) data processing and storage services;

(iii) installation services;

(iv) maintenance and repair services;

(v) media and marketing services (including advertising);

(vi) information technology services;

(vii) market research and website usage analysis services;

(viii) fraud investigation; and/or

(ix) billing and debt recovery services;

b. the shareholders and affiliates (including its holding or parent company, subsidiaries, associated and affiliated companies, whether such companies are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia) of Ohana to reciprocally exchange sales information and for the purposes of establishing and maintaining a common database of customers to avoid duplication and to streamline services and offers being provided to you by any company in Ohana;

c. strategic partners that work with Ohana to provide the Services or that help market the Services (such as Ohana’s network of dealers);

d. to other telecommunication and information service providers when you have used their networks, for billing and service resolution purposes;

e. third party payment channels, institutions and agents (including but not limited to financial institutions) to maintain and assess financial and payment records;

f. credit reference agencies and in the event of default, debt collection agencies;

g. courts, tribunals, regulatory bodies, governmental bodies or other authorities, if required or authorized to do so, to satisfy any applicable law, regulation, order or judgment of a court; enforce the the Ohana’s Customer Terms and Conditions and the Specific Terms and Conditions and other agreements; to protect the rights, property and personal safety of Ohana, its users or the public; and to detect, investigate, and prevent fraudulent, prohibited and illegal activities;

h. any person under a duty of confidentiality to which has undertaken to keep such Personal Data confidential which Ohana has engaged to satisfy Ohana’s obligations to you;

i. to Ohana’s professional advisors on a need to know basis for the purpose of those advisors providing advice to Ohana;

j. any actual or proposed assignee, transferee, participant or sub-participant of Ohana’s rights or business;

k. any party in relation to legal proceedings or prospective legal proceedings;

l. any party who is involved in connection with a corporate exercise, such as a sale of a subsidiary or division of Ohana, merger, consolidation, or asset sale, or in the event of winding-up;

m. to parties nominated or appointed by Ohana either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where Ohana has a legitimate common interest; and/or

n. otherwise as permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010 (“PDPA”).

5. ACCURACY OF YOUR PERSONAL DATA

5.1 Ohana aims to keep all Personal Data as accurate, correct, up-to- date, reliable and complete as possible. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. As such, it is a condition of Ohana providing the Services to you that you:

a. provide Ohana with the accurate, not misleading, updated and complete Personal Data of yourself and/or any relevant person (including their consents) for purposes of acquiring or using the Services; and

b. update Ohana as and when such Personal Data provided earlier to Ohana becomes incorrect or out of date by calling and speaking to Ohana at the contact details given above, or writing to Ohana at the contact details given below.

6. RIGHTS OF ACCESS TO YOUR PERSONAL DATA

6.1 You may request access to, request for a copy of, request to update, correct or delete your Personal Data by contacting Ohana at the contacts details given below and make the necessary changes from there.

6.2 Ohana will require proof of your identity before providing you with details of any Personal Data Ohana may hold about you.

6.3 Ohana may charge a fee of RM10 to cover the administration costs involved in providing you with a copy of your Personal Data.

6.4 Notwithstanding the above, Ohana reserves the right to decline to process any such request which in Ohana’s sole discretion and reasonable view may jeopardise the security and privacy of the Personal Data of others, as well as requests which are impractical or not made in good faith, or the circumstances as provided for under the PDPA permits Ohana to refuse such request in accordance with the PDPA.

7. RETENTION OF YOUR PERSONAL DATA

Personal Data provided by you is retained for as long as the purposes for which the Personal Data was collected continues; Personal Data is then destroyed unless its further retention is required to satisfy a longer retention period to meet the legal, regulatory or accounting requirements of Ohana to protect Ohana’s rights and interests.

8. SECURITY OF YOUR PERSONAL DATA

8.1 Ohana will take the appropriate security measures to protect your Personal Data from unauthorised access, improper use, disclosure and alteration. Ohana will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use the Personal Data for the Purposes set out in this Policy, and to adequately safeguard your Personal Data.

8.2 The Internet is not a secure medium. However, Ohana will put in place various security procedures with regards to the Sites and your electronic communications with Ohana.

8.3 Where you have been allocated a user admin area, this area is protected by your user name and password, which you should never divulge to anyone else.

8.4 Please be aware that communications over the Internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.

8.5 Ohana cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond Ohana’s control.

9. TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF MALAYSIA

9.1 As part of the Services offered to you through the Sites, the Personal Data you have provided to Ohana may be transferred outside of Malaysia. This may include, but not limited to, instances where Ohana stores data or back up data on servers located outside of Malaysia. Please note that these entities may be established in countries that might not offer a level of data protection that is equivalent to the one offered in Malaysia under the laws of Malaysia.

9.2 You hereby expressly consent to Ohana transferring your Personal Data outside Malaysia for such purpose. Ohana shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use the Personal Data other than for that part of the purpose and to adequately safeguard your Personal Data.

10. EXTERNAL LINKS

10.1 If any part of the Sites links you to other websites, those websites do not operate under this Policy and Ohana does not accept any responsibility or liability arising from these web sites.

10.2 Likewise, if you subscribe to an application, content or a product from a strategic partner of Ohana and you subsequently provide your Personal Data directly to that third party, that Personal Data will be subject to that third party’s privacy policy (if they have such a policy) and not to this Policy.

10.3 Ohana recommends you to read and understand the privacy statement/policy posted on those other websites in order to understand their procedures for collecting, processing, using and disclosing Personal Data and before submitting your Personal Data to these web sites.

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