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Date : 1 August 2019Prudential Services Asia Sdn Bhd (“we”, “us”, “our”) provide the Pulse App on the terms and conditions set out below. By registering for the Pulse App you enter into an agreement with us as set out in these terms and conditions ("Agreement").
The Pulse App is a platform hosted by us through which you can access certain features, services and information provided by us ("Pulse App Services"). Through the Pulse App you can also access third party supplied "Hosted Apps". Access to the Pulse App outside your registered jurisdiction ("Home Country") may be restricted. The Pulse App will be updated from time to time to add, delete and change the available services, information and features. Please check regularly for updates to the Pulse App.
Please practice good security in using the Pulse App. For example, the device on which you install and access the Pulse App should be password protected and set to lock after a short period of inactivity.
REGISTRATION AND PRUAPP ID
In registering for the Pulse App you will have a unique account (a “PruApp ID”). Your PruApp ID is valuable, and you are responsible for maintaining its confidentiality and security. We are not responsible for any losses arising from the unauthorized use of your PruApp ID. Please contact us if you suspect your PruApp ID has been compromised.
Unless you have parent or legal guardian consent, you must be age 18 or above to create a PruApp ID and use the Pulse App. PruApp IDs for persons under 18 can be created by a parent or legal guardian. The parent or legal guardian is responsible for ensuring the person complies with this Agreement.
WARNING FOR PULSE APP SERVICES
Information and services available through the Pulse App Services is provided for general guidance only and may not address all matters relevant to your particular circumstances. In no way are the Pulse App Services intended to be a personal or medical diagnosis. If your symptoms persist, change or worsen, or you are concerned, please speak to a doctor immediately. The Pulse App Services may include information sourced from third parties that we have not verified for accuracy or completeness. You should seek advice from an appropriately qualified individual before acting on any information or services available through the Pulse App Services.
Hosted Apps are provided by a third party ("Hosted App Provider"). A Hosted App can be identified by the statement "Powered by [name of Hosted App Provider]". The services the Hosted App Provider provides through the Hosted App are "Hosted App Services". If you register for and / or access a Hosted App you will be entering into an agreement with the Hosted App Provider on the terms they set ("Hosted App Terms"). You must comply with the Hosted App Terms. The Hosted App Provider (and not us) is solely responsible to you for providing the Hosted App Services. The Hosted App Provider may charge for some of the Hosted App Services.
We reserve the right to remove or restrict access to any Hosted App.
THIRD PARTY WEBSITES
The Pulse App may provide links to third-party websites. You use any third party websites at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third party websites, and have no liability for any such third party websites.
TOOLS AND MONITORING
We may deploy data analytics tools to monitor Pulse App and Pulse App Services usage to provide us with information to be used in deciding whether to make changes to the Pulse App and Pulse App Services and to conduct profiling such as marketing profiling. We may also collect and use technical data and related information—including but not limited to technical information about your device including its system and application software, and peripherals—to facilitate the provision of updates, product support, and other services to you related to the Pulse App.
We may take steps as set out in this Agreement and as we believe are reasonably necessary or appropriate to monitor, enforce or verify your compliance with this Agreement, including the Usage Rules.
We grant you a nontransferable licence to use the Pulse App and Pulse App Services as permitted by the below "Usage Rules". We may monitor your use of and activity on the Pulse App and Pulse App Services to monitor compliance with the Usage Rules.
You may only use Pulse App and its information and services for personal, noncommercial purposes.
You must not tamper with or circumvent any security technology included with the Pulse App.
You must not reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Pulse App, any updates, or any part thereof (except to the extent that any such restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Pulse App).
You must not distribute or make the Pulse App available, whether offline or over any network, where it could be used by multiple devices at the same time.
If you sell or otherwise provide to a third party the device on which you installed the Pulse App, you must de-install the Pulse App from the device before doing so.
You must comply with the Submission Guidelines.
You must comply with all applicable laws applying to your use of the Pulse App and its information and services.
If any third party makes a claim against us due to your breach of the Usage Rules, you will indemnify us for any costs, expenses, fees, taxes and other liabilities incurred by us arising from such claim, including our reasonable costs and expenses in defending and handling that claim.
The Pulse App may allow you to submit material such as comments, pictures and videos ("Submission"). Your use of such features and each Submission you post must comply with the below "Submissions Guidelines".
In posting a Submission you grant us a worldwide, royalty-free, perpetual, nonexclusive license to use the Submission within the Pulse App, for our internal purposes such as considering changes we may make to the Pulse App, our marketing of the Pulse App and for any purpose we notify in a request for Submissions.
We may decide to remove or edit any Submission. If you see materials that do not comply with the Submissions Guidelines, please use the Give us feedback feature.
Any Submission you post is at your sole risk and you release us from any and all liability to you for any loss or liability relating to such Submission. If you have posted any Submission that you would like us to take down or stop using, please use the Give us feedback feature. We will endeavor to promptly address your concern to stop further use and dissemination of the Submission, but we may be unable to act on any use or dissemination that has already occurred.
If we incur any liability in connection with a Submission you post, we may require you to reimburse us for our reasonable costs incurred in relation to that liability.
We use a third party payment processor to handle secure payment for chargeable Hosted App Services offered by a Hosted App Provider and are not responsible nor will be held liable for any acts or omissions of such third party payment processor.
All intellectual property rights in the Pulse App including but not limited to all content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Pulse App and Pulse App Services are owned by us and/or our licensors, and is protected by applicable intellectual property and other laws. You are solely permitted to use the Pulse App and Pulse App Services as set out in the Usage Rules.
Our name, the Pulse App name, the Prudential logo and other Prudential trademarks, service marks, graphics, and logos used in connection with the Pulse App are trademarks or registered trademarks of Prudential Plc and its affiliates in the United Kingdom and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
We do not guarantee, represent, or warrant that your use of the Pulse App will be uninterrupted or error-free. From time to time we may disable or limit access to all or part of the Pulse App without notice to you.
We do not represent or guarantee that the Pulse App or Pulse App Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability relating thereto. You are responsible for backing up your own system, including any content acquired through the Pulse App.
You expressly acknowledge and agree that use of the Pulse App is at your sole risk. The Pulse App and Pulse App Services are provided "as is" and “as available,” with all faults and without warranty or guarantee of any kind, and we disclaim all warranties and conditions with respect to the Pulse App and Pulse App Services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of fitness for a particular purpose, of accuracy and of non-infringement of third-party rights. No oral or written information or advice given by us or any authorized representative shall create a warranty, guarantee, representation or similar.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors or licensors be liable in contract, tort (including negligence), statute or otherwise for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Pulse App or Pulse App Services or for any other claim related in any way to your use of or inability to use the Pulse App or Pulse App Services and/or content available therefrom, including, but not limited to, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Pulse App or Pulse App Services, however caused, even if advised of their possibility. In no event shall our total liability to you in contract, tort (including negligence), statute or otherwise for all damages exceed (a) if our liability relates to Pulse App Services for which you have paid a charge, the amount you have paid; and (b) if (a) does not apply, the amount of fifty Hong Kong dollars or the equivalent amount in the currency of your Home Country.
Despite any other provision in this Agreement, the releases, disclaimers, limitations and exclusions of liability in this Agreement are each expressed to apply to the extent permitted by law. They are not intended to exclude, restrict or modify any liability that cannot be excluded, restricted or modified under law and shall be read subject to any mandatory non excludable liability.
SUSPENSION AND TERMINATION
You may terminate this Agreement at any time by deregistering your account as directed on the Pulse App. You will not be entitled to a refund of the unexpired portion of any amounts paid by you for Pulse App Services unless you terminate because we have made a change to or impacting the Pulse App Services to which the payment relates.
We may suspend your account if we reasonably believe you have breached this Agreement or any Hosted App Terms. Where appropriate we will give you prior warning before we act. However, we reserve the right, particularly for repeat breaches or breaches of a serious kind (such as non-compliance with the Usage Rules or with any Hosted App Terms) to suspend or terminate without giving you prior warning. You will not be entitled to any refund for any period of suspension or if we terminate due to your breach.
In addition to any other right of suspension or termination, we may terminate this Agreement at any time by giving not less than 30 days written notice to you. You will be entitled to a pro rata refund of the unexpired portion of any charges paid by you for services provided under the Pulse App.
On termination of this Agreement your right to access the Pulse App including any Hosted App ceases. If you subsequently wish to obtain services provided by the Hosted App Provider you will need to contact them directly.
Agreement Changes: We may amend this Agreement at any time by sending notice to you. The amendment takes effect on the date stated in the notice or, if no date is stated, on the date the notice is issued. Your continued use of the Pulse App will be deemed acceptance of the change. If you do not agree to, or cannot comply with, this Agreement as amended, you should not use the Pulse App and you should deregister your account as directed on the Pulse App.
Governing Law: This Agreement and the relationship between you and us, and all transactions on the Pulse App shall be governed by the laws of Hong Kong. You and we agree to submit to the personal and exclusive jurisdiction of the Hong Kong courts.
Trade Compliance: You must not use, make accessible or otherwise supply any part of the Pulse App except as authorized by applicable law. In particular, but without limitation, no part of the Pulse App may be used, made accessible or supplied (a) into any UK or U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By registering for the Pulse App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use, make accessible or otherwise supply these products for any purposes prohibited by your Home Country or other applicable laws, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Entire Agreement: This Agreement as amended from time to time constitutes the entire agreement between you and us with respect to the Pulse App, superseding any prior agreements with respect to the same subject matter between you and us.
Waiver: No failure or delay by us in exercising any right or remedy provided by law or under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time.
Force Majeure: We are not responsible for any failure to meet any of our obligations under this Agreement due to causes beyond our reasonable control.
Transfer: To the extent permitted by law, you agree that we may assign, novate, transfer or otherwise dispose of our rights and obligations under this Agreement, in whole or in part, at any time without prior notice to you. You may not assign, novate transfer or otherwise dispose any rights or obligations under this Agreement.
Notices: We may send you a notice with respect to the Pulse App by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Pulse App. We may also contact you by email or push notification to send you additional information about the Pulse App. It is your responsibility to check that push notifications are not disabled on your device.
You may send us a notice by contacting us through the Give us feedback feature.
Language: To the extent there is any inconsistency between the English version and a non-English version of this Agreement, the English version shall prevail.
What data do we collect?
We collect the following data about you:
Providing your personal data is voluntary. However, if you do not provide your personal data, we may be unable to register you for the Pulse App or provide the Pulse App Services or your use of or access to the Pulse App may be otherwise limited.
How long do we keep your data for?
Where do we get your data from?
We may disclose your personal data to entities in the Prudential Group, ours and their Business and Marketing Partners to the extent necessary for them to assist us with fulfilling the above purposes or in accordance with any consent you have given.
Where we collect your personal data on behalf of a Hosted App Provider, we disclose your personal data to that Hosted App Provider or as they may direct. Please see the privacy notice of the Hosted App Provider for their practices relating to your personal data.
We may also pass on your personal data to any legal, regulatory or government bodies, law enforcement authorities, government officials, and/or a third party where required by law or regulation.
We may process your personal data in a country other than the one you are resident in. To the extent we transfer your personal data, we will use appropriate safeguards and comply with the laws of the country to which your personal information is transferred.
Please update your details as directed on the Pulse App if any details you have provided to us in your registration changes (e.g., if you change your e-mail address, telephone number). Please use the details below to contact us with any requests to do with your data
Attention: Privacy Officer, Prudential Services Asia Sdn Bhd, Tingkat 15, Menara Prudential, Persiaran TRX Barat, 55100 Tun Razak Exchange, Kuala Lumpur, Malaysia
We aim to respond to and action all requests within 14 working days of receipt of such request. We may refuse to action a request to correct or provide access to personal data where the law allows or requires us to do so. For security reasons, we may take steps to authenticate the identity of the requesting party before responding to a request.
Language: To the extent there is any inconsistency between the English version and a non-English version of this Privacy Notice, the English version shall prevail.
Hosted App: Other than as expressly stated, this Privacy Notice does not apply to collection, use or disclosure of your personal data by a Hosted App Provider in relation to their Hosted App. Please see the privacy notice applying to the Hosted App.
Capitalised terms not defined in this Privacy Notice shall have the meaning given to them in the Pulse App Terms and Conditions.
"Prudential Group" means any affiliates of Prudential Plc (including, Prudential International Assurance plc, Prudential Services Limited, PGDS (UK ONE) Limited, Prudential Global Services Private Limited, Prudential Corporation Asia, Jackson National Life and PPM America, Inc. M&G Investments Group, Prudential Corporate Pensions Trustee Limited).
"Business Partners" means service providers, accountants, auditors, IT service and platform providers, intermediaries, reinsurers/retakaful operators, investment managers, agents, pension trustees (and other stakeholders), scheme advisors, introducers, selected third party financial and insurance/takaful product providers, and legal advisers.
Amendments:: We may amend this Privacy Notice at any time by sending notice to you. The amendment takes effect on the date stated in the notice or, if no date is stated, on the date the notice is issued. Unless we specifically ask for your consent in respect of the amendments, your continued use of the Pulse App will be deemed acceptance of the change and we will assume you accept that the collection, use and disclosure of your personal data in relation to the Pulse App shall be conducted in accordance with this Privacy Notice as amended. If you do not agree to, or cannot comply with, this Privacy Notice as amended, you should not use the Pulse App and you should deregister your account as directed on the Pulse App.