Acknowledgement
Thank you for choosing this mobile phone application (“Application”). This Application enables the user access to relevant information, roadside assistance services in emergency situations, relevant resources, claims submission services and tools, request for Guarantee Letters and updates on respective company products (“Insurance Services”) from Allianz General Insurance Company (Malaysia) Berhad (“AGIC”) or Allianz Life Insurance Malaysia Berhad (“ALIM”). (AGIC and ALIM shall collectively be referred to as “Allianz Malaysia”). The terms “we,” “our,” and “us” in these Terms refer to Allianz Malaysia.
Privacy Policy
We value your trust. In turn, we guard that trust by respecting your privacy, particularly as it relates to maintaining the confidentiality or any personal data received. This notice explains the types of personal data collected through this Application, how it is used and the circumstances under which it may be disclosed. This Privacy Policy is for the use of this Application. This Policy applies only to the data received in connection with your use of this Application and does not apply to data received from third parties or to information that is publicly available. We may amend this Privacy Policy in line with the relevant law and internal group policies from time to time and the latest Policy shall take precedence over any previous Privacy Policies issued related to this Application.
Choice & Consent
Personal data is captured when using this Application to help us provide useful assistance and support for the Allianz User and/or Non-Allianz User. When you use this Application, the personal profile is voluntarily furnished by you, whether as an Allianz User or otherwise. We limit the information we collect from you while using this Application to what is necessary to administer our business, provide superior service, offer opportunities that we think would be of benefit to you whether as an Allianz User or otherwise and ensure technological compatibility with your Device. You may choose whether or not to provide your personal data to us. If you choose not to do so, we may not be able to provide you with the services you requested. If you provide your personal data including any sensitive personal data such as health or medical conditions and use the Application, you are deemed to have granted your consent for us to collect, process, maintain, transmit, use and store your personal data including the sensitive personal data for the purposes stated in this notice. You may choose to revoke your consent by notifying us in writing and thereafter cease to use by uninstalling this Application.
Automatically Collected Information
Every time you view or use this Application some information is automatically collected about you. This information may include, but is not limited to, some or all the following items: the specific pages, buttons, images, videos, links, or forms that you access on this Application; the type and version of software and operating system you use; date, time, and duration of your use; your IP address; type of Device (e.g. laptop, iPad, Blackberry, iPhone); mobile carrier and/or internet service provider; the location of your Device, and demographic information concerning the country of origin of your Device and the languages it uses.
How we use and disclose your information
Most of the information we collect is used to help deliver the Insurance Services available from this Application as requested. It also may permit us to design and offer specific products and services that will be useful to our customers, or that provide benefits, additional value or discounts. From time to time, we may use and share information that personally identifies you to our third party service providers, our affiliates and to other non-affiliated entities including in the following manner:
- In response to judicial proceeding, subpoena, court order or other legal process;
- To comply with legal, regulatory or administrative requirements of governmental authorities;
- To protect the rights or property of Allianz Malaysia including clients, suppliers or customers, and to enforce the provisions of terms or policies, in cases of customer fraud or disputes, and/or to prevent harm to you or others;
- As disclosed in other applicable policies, terms of use, or other agreements;
- To manage and service you and provide you with better customer service including marketing and promoting other products and services by Allianz Malaysia, its appointed third party service providers and its group of companies and their affiliates; or
- As permitted or required by law or as authorized by you.
You agree that we and our affiliates may collect and use technical and related information, including but not limited to information about your Device, system, application software, peripherals, and other similar information, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to this Application, and to verify compliance with these Terms. We may also use this information to improve our products or to provide better services or technologies to you moving forward.
Some services provided through this Application may rely upon location information. To provide these services Allianz Malaysia, its affiliates, its appointed third party service providers and partners may transmit, collect, maintain process and use your location data, including the real-time geographic location of your Device. By using this Application, you agree and consent to Allianz Malaysia its appointed service providers and partners’ transmission, collection, maintenance, processing and use of your location data to provide you with the requested services. The location data is collected in a form that personally identifies you and/or your vehicles.
Our definition of personally identifiable information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personally identifiable information will be included in the resulting data. Likewise, information about the products you purchased may be collected and combined with information about products purchased by others. Aggregate data helps us understand trends and customer needs so that we can better consider new products and services, and tailor existing products and services desired by customers.
Your Rights of Access to Your Personal Data
You have the right to access and make corrections to your personal data processed by us with a request in writing via email and you may make any enquiries or complaints in respect of your personal data by contacting Allianz’s Customer Service Officer at 1300-22-5542, from 9.00 a.m. to 6.00 p.m., Monday to Friday or email at customer.service@allianz.com.my or via our Fax No. 03-2264 8499.
You also have the right to request in writing for Allianz Malaysia to cease processing your personal data including for marketing purposes.
Security
We maintain security standards that are designed to help us protect your information. While we use such security standards, we cannot guarantee that personally identifiable information you submit on this Application, whilst involving and interacting with third party hardware, software, services and applications, will be secure or that such third party services will be secure or will be uninterrupted or error-free.
Links and External Websites
This Application may contain links to and from websites. We make no representations whatsoever about any other website that you may have accessed from our website or through this Application. We are not responsible for the privacy practices or content of those websites and we expressly deny any liability whatsoever for use of such websites.
Notice to Persons Accessing this Application Outside Malaysia
If you reside outside Malaysia, any information you provide to us on this Application will be transferred out of your country and into Malaysia. If you do not want your personally identifiable information to leave your country, please do not provide the information to us. By providing personally identifiable information to us, you explicitly consent to the transfer of your information to Malaysia. Personally identifiable information collected on this Application or during the provision of Services may be stored and processed in Malaysia or any other country in which we or our affiliates, subsidiaries or service providers maintain facilities.
Use of this Application by Children
We do no intend to collect information from children who are under 18 years of age. If you are under 18, you should not provide information in this Application without your parents’ or legal guardian’s consent.
Terms of Use
This End User Agreement and its terms including the Privacy Policy for the Application (“Terms”) is between the user and Allianz Malaysia on the use of this Application and all related updates and upgrades that replace or supplement this Application (“License”).
Allianz User
As a customer of AGIC and/or ALIM (“Allianz User”) you are eligible to receive the relevant Insurance Services from AGIC or ALIM respectively as described under the terms and conditions of your insurance cover with AGIC or ALIM when you use this Application. Please refer to the insurance policy documents you received from Allianz Malaysia as a customer for the terms and conditions of the relevant Insurance Services.
As an Allianz User you may establish an account in this Application (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. Therefore, do not reveal your Account information to anyone else. You agree to immediately notify Allianz Malaysia of any security breach of your Account.
Non-Allianz User
If you are not an Allianz User or if you are no longer covered under any of Allianz Malaysia’s insurance coverage you can still use this Application to obtain emergency contacts, panel listings, marketing information and other information that is published in this Application.
Scope of License
This Application is licensed to you free of charge. You do not own the Application. These Terms define the full agreement for the use of this Application. Your download or use of this Application shall be conclusively deemed acceptance of these Terms. If you do not agree to these Terms, please do not download, install, or use this Application. The Terms of this License will govern any upgrades that replace and/or supplement the Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Intellectual Property Rights
The contents of this Application including, but not limited to, the text, images, audio and video contained herein and their arrangement are subject to the copyright and other intellectual property protection by the respective owners. All trademarks, logos and service marks used or referred to in this Application (collectively, “Trademarks”) are the property of their respective owners. The Trademarks and other names, logos and service marks of Allianz Malaysia may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of the authorized download, copy or transmission of materials in this Application.
The respective owners/licensors hereby grant you a non-exclusive, non-transferable license to download, install and use this Application on your smart phone, computer or other electronic or mobile device (collectively, “Device”) for your own personal, non-commercial use according to these Terms. This permission is granted provided that: (a) you do not modify the content displayed on this Application; (b) you keep intact all copyright, Trademark, and other proprietary notices; and (c) you accept the terms, conditions, and notices accompanying this Application or any of its content. Except for the limited permission in the preceding paragraph, the respective owners/licensors do not grant you any express or implied rights or licenses under any patents, Trademarks, copy rights, or other proprietary or intellectual property rights.
Your use of the Trademarks displayed in this Application, or any other content in this Application, except as provided in these Terms, is strictly prohibited. You are also advised that the respective owners / licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Use of this Application
You are prohibited from transmitting any information or providing any content that: (a) infringes any third-party intellectual property, publicity or privacy rights, (b) violates any applicable law or regulation, (c) is defamatory, obscene, profane, false, threatening, pornographic, inappropriate or unprofessional, (d) contains any viruses, Trojan horses, worms, time bombs, or other computing programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or (e) is otherwise tortious or criminal. Subject to the foregoing, users should decide what information to transmit and what content to provide, we do not generally make editorial determinations about your transmissions or any content you provide. However we reserve the right to take any action that we deem necessary or appropriate to minimize any liability arising from your transmissions or any content you provide, or to preserve our relationships with our service providers (including Internet access providers). We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or content.
Third Party Beneficiary - Apple
Apple, and Apple’s subsidiaries, are third party beneficiaries of this End User Agreement, and upon your acceptance of the terms and conditions of this End User Agreement, Apple will have the right to enforce this End User Agreement against you as a third party beneficiary thereof. Apple and Apple’s subsidiaries have no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
Third Party Services
The use of this Application requires involvement of hardware, software, services, and applications that were not developed by us and that are not under our control, such as your mobile, the mobile network provided by your wireless service provider, your Device’s operating system, browser, email and SMS programs, dialer and other applications. We cannot assure you that such third party hardware, software, services and applications will function correctly with this Application and hereby expressly deny any liability related to the involvement and interaction with such third party hardware, software, services and applications.
Fees, Costs and Other Expenses
This Application makes use of a data network operated by your wireless service provider to send data from your Device to our servers and call centres, and to send information back to you. Depending on your data plan, you may incur charges from your wireless service provider for use of their network and/or for specific services such as making phone calls, sending or receiving text messages and/or emails or other services. You are solely responsible for any and all costs you incur as a result of your usage of this Application.
Third Party Service Providers And Advertisers
We may choose at any time to have our business partners' and other third parties' products, services, advertisements and other offers made available via the Application. Any such offerings made available to you are made and offered directly by the applicable third party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered, you are contracting directly with the applicable business partner, third party service provider or advertiser. Your correspondence or business dealings with, or participation in promotions of, third party service providers or advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser. We shall not be responsible or liable for the performance or non performance of any third party service provider or advertiser and any loss or damage of any kind resulting thereof.
Changes to these Terms
Please note that we will periodically make changes to these Terms and we reserve the right to change these Terms at any time. We will alert you that changes have been made by indicating at top of these Terms the date it was last updated. It is your responsibility to review these Terms frequently and remain informed about any changes to them. These Terms take precedence over any previous terms that we have issued in relation to this Application and your continued use of this Application constitutes your acceptance of the amendments made to the most recent version of these Terms.
Disclaimer & Limitation on Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS APPLICATION AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THIS APPLICATION ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS IF ANY AND WITHOUT WARRANTY OF ANY KIND.
WE HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS APPLICATION AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICES ON THIS APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THIS APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS APPLICATION OR YOUR USE OF OR INABILITY TO USE THIS APPLICATION OR ANY MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS AND SERVICE ON THIS APPLICATION, HOWSOEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE EXCLUSION OF LIABILITY IS DISALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF RINGGIT MALAYSIA TEN (RM10.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE.
Term and Termination
These Terms become effective immediately when you download this Application and shall remain in effect until your use of this Application is terminated. You may terminate your access to this Application or uninstall the Application at any time. Your failure to comply with these Terms will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. We reserve the right to terminate this Application at any time and for any purpose upon notice. Upon termination, your right to use this Application shall cease. These Terms regarding limits on liability, shall survive the termination of these Terms, and shall remain in effect indefinitely.
Governing Law
These Terms and any action related to them shall be governed and interpreted by the laws of Malaysia. You agree that any notice, agreement or other disclosed communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.