This Privacy Policy (“Policy”) applies to all of the products and services offered by Xcalibur360 through its website located at www.Xcalibur360.com and through all other websites and platforms over which it delivers its products and services, including, but not limited to, all Xcalibur360 mobile platforms and the websites, mobile applications, and online services of Xcalibur360 clients, associates, service providers, and other third party entities with whom we have a customer or other contractual relationship, or prospective relationship (“Third-Party Partners”) that use Xcalibur360 products and services (collectively, “Platforms”). This Policy explains what information we collect about you and what we do with it. It is important that you read this Policy and the Xcalibur360 Universal Terms and Conditions, which are incorporated herein by reference, so you are fully aware of how and why we are using your data.

  1. Collection of Personal Information

You are not required to provide us with personal information to use the Platforms. You do, however, have the option to provide us with certain personal information including, but not limited to, your name, the name of your school or college, your address, phone number, email address, background, demographic, educational, interests and other information.

(a) Forms, Questions, and Prompts; Correspondence; Posting

The primary method by which we collect personal information from you is through the use of forms, questions, and prompts. For example, we use forms, questions, and prompts to request information when you use the Platforms or when you participate in special events, including, but not limited to, sweepstakes, contests, surveys, polls, or submitting a scholarship application. Further, we may collect information that you volunteer through personal correspondence, including, but not limited to, emails or letters or when you post messages, comments or other information in one or any of the Platforms.

(b) Xcalibur360 Data Technologies

When you visit any of the Platforms, we use log files, event data, GPS data, cookies, clear gifs, scripts, and other technologies (“Xcalibur360 Data Technologies”) to collect and process certain information about you, including, but not limited to, your IP address, zip code and browser program.

(i) Log Files, GPS Data, and Other Usage Data

We use log files, event data, GPS data, and other usage data on the Platforms to collect and store certain information that your browser sends whenever you visit a website. The information these server logs collect may include, but is not limited to, internet protocol addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data.

(ii) Cookies

We use cookies on the Platforms for various purposes, including, but not limited to, to improve the quality of our products and services and to store user preferences. A cookie is a small file containing a string of characters that is stored on a user’s computer for record-keeping purposes. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some items may become inaccessible or not function properly. For more information about the cookies we use and how to disable them, please see our Cookie Policy.

(iii) Clear Gifs (Web Beacons/Web Bugs/Tracking Pixels) and Scripts</ul

We use clear gifs and scripts on the Platforms for various purposes, including, but not limited to, to help us better manage content across our Platforms by indicating to us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the browsing of users. In contrast to cookies, which are stored on a user’s computer, clear gifs are embedded invisibly on web pages.

(iv) Do Not Track Signals

Some Web browsers may be configured to send Do Not Track signals to websites, or users may use similar mechanisms, to indicate a user’s preference that certain web technologies not be used to track the user’s online activity. The Platforms do not accept or process such Do Not Track signals or similar mechanisms.

(c) Collaboration with Third-Party Partners

In addition to collecting personal information about you from you, we may also collect personal information about you from our Third-Party Partners. For example, if you visit the website of a Third-Party Partner, in addition to the information you provide through forms, questions, and prompts or collected through Xcalibur360 Data Technologies implemented on the website, we may also receive information about you from the Third-Party Partner itself.

  1. How We Use Your Personal Information

We use your personal information for various purposes, including, but not limited to, offer or provide you with products or services, to respond to questions or communications from you, to send you emails about products or services, to ask you to participate in a survey, contest, or sweepstakes, and to produce research reports. Where applicable, we may also use your information to process your credit card payments, to fulfill your orders and/or requests, to facilitate your viewing of our Platforms, and to provide you with information about the Platforms and our Third-Party Partners. We also use this information to compile broad demographic and usage information about our users, including, but not limited to, to tailor users’ experiences at our Platforms by showing content in which we think users will be interested or according to users’ preferences, and to produce research reports.

We use the Xcalibur360 Data Technologies across the Platforms, to gather information from and about you in order to analyze trends, to administer and improve the Platforms, to review users’ navigation around the Platforms, to understand how the Platforms are used and which portions of the Platforms are most popular, and to gather demographic information to understand our users’ experience in context. When available, we link this information to personal information we have about you. This permits us to do many things, including, but not limited to, understanding how you and other users access and use the Platforms, which in turn enables us to provide a more customized, efficient, and valuable experience to you and other users.

  1. How We Share Your Personal Information

In some cases, we will share information we collect (including personal information) with our Third-Party Partners. We may share your information with those of our Third-Party Partners that manage certain aspects of the services we provide, including, but not limited to, maintaining our servers and processing or fulfilling orders for products and services you purchase through the Platforms. For example, we may share your information with Third-Party Partners that offer products or services that may be of interest to you, which they may use for purposes of, including, but not limited to, marketing and advertising such products and services to you. We require third parties to respect the security of your Personal Information and to treat it in accordance with the law.

Subject to applicable law, we may disclose information about you (i) if we are required to do so by law, regulation or legal process, such as a subpoena; (ii) in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; or (iv) in connection with an investigation of suspected or actual unlawful activity.

In the event of a change in ownership or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all information collected in connection with the Platforms, including, but not limited to, email addresses and other personal information, to a separate entity.

  1. Use and Disclosure of Non-Personally Identifiable Information

We may use the non-personally identifiable information we collect to analyze how the Platforms are used for various purposes, including, but not limited, to improve the design and content of the Platforms and to assist us in personalizing the user experience. We may share non-personally identifiable information with our Third-Party Partners.

  1. Receipt of Communications; Opt-Out

If you would prefer not to receive marketing or promotional emails from us that may relate, for example, to new product or services or offerings, you may opt-out of receiving these communications on a going-forward basis by writing to us at info@Xcalibur360.com or by using the opt-out mechanism that is contained in an email.

Following your opt-out, please be aware that we may continue to contact you by email, postal mail or other means for administrative or informational purposes, including, but not limited to, to send follow-up messages regarding: the administration of your account; any products, services, features or functions you have affirmatively enrolled in or registered to use; goods, services or products you have ordered; or other transactions you have undertaken across the Platforms. Please note that your opt-out is limited to Xcalibur360 and is prospective; we cannot reverse past uses and disclosures of your information to Third-Party Partners. If Third-Party Partners contact you, you may need to submit separate opt-out notices to them.

  1. Blogs, Discussion Groups and Other Community Tools

We may, from time to time, make blogs, discussion groups and other community tools available to you on certain sections of the Platforms. Any information you voluntarily disclose in these areas becomes public information for other users to view and for us to use as we deem appropriate. You should carefully consider whether to disclose your personal information in these areas, since anyone may access your publicly posted information.

  1. Third Party Advertisers

We may engage one or more advertising partners to serve advertisements across the Platforms. If we do so, we may share information, including, but not limited to, usage information, about users with such partners for the purpose of targeting the advertisements across the Platforms.

A third party ad server may use cookies and clear gifs on the Platforms, which would allow them to recognize a user’s cookie when a user visits certain of the Platforms.

  1. Links to Other Sites

The Platforms may contain links to other Internet sites, resources and sources of Xcalibur360. By clicking on any banner advertisement or other link, you will be redirected off the Platforms and to third party websites. Xcalibur360 is not responsible for the privacy policies or content of such websites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding external links to the site administrator or webmaster of that third party website.

  1. Security of Information

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is entirely secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

  1. Information Regarding Children

The Platform is not directed to children and we do not knowingly collect personal information from children under 13.

  1. Your Privacy Rights

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. We will not use your previously collected personal information in a manner materially different than represented at the time it was collected without your consent or explaining our legal basis for doing so. Please note that we may process your personal information without your knowledge or consent, in compliance with this Policy, where this is required or permitted by law.

Under certain circumstances, you have rights under data protection laws in relation to your personal information. You have the right to:

(a) Opt-in

If you are located in SEA, you have the right to opt-in to the collection, tracking and use of your personal information. We will not collect personal information from you unless you affirmatively accept our data practices as described in this Policy.

(b) Request Access

You have the right to request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.

(c) Request Correction

You also have the right to request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

(d) Request Erasure

This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

(e) Object to processing

You may object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

(f) Request restriction of processing

This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

(g) Request the transfer of personal information to you or a third party

We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

(h) Opt-out

You will, at any time, have the right to opt-out or withdraw consent to the collection or use of your data. If you withdraw consent, please be advised that we may not be able to provide you with certain services and to perform certain functions. We will advise you if this is the case at the time you withdraw your consent however, you may continue to use the Platforms in accordance with the Policy. You may withdraw your consent at any time by sending us an email, letter or by telephone using the contact information below. In addition, at any time we seek your consent we will remind you of your ability to opt-out at any time as well as setting out any other methods for doing so.

If you wish to exercise any of the rights set out above, please Contact Us.

(i) No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

(j) What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to seek to avoid the disclosure of personal information to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

(k) Time Limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

(l) Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

(m) Purposes For Which We Will Use Your Personal Information

We will only use your personal information when the law permits such use. Most commonly, we will use your personal information in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Our legitimate interests include:
    • To provide you with information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties;
    • To enable you to participate in a variety of the Platforms’ features;
    • To process your registration with any of the Platforms, including verifying your information is active and valid;
    • To improve the Platforms or create new service offerings, to customize your experience on any of the Platforms, or to serve you specific content that is most relevant to you;
    • To contact you with regard to your use of any of the Platforms and, in our discretion, changes to any of the Platforms and/or any of the Platforms’ policies;
    • For internal business purposes such as complying with our internal policies;
    • To protect our interests, including establishing, exercising and defending legal rights and claims; and
    • For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal information other than in certain instances.

We may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data.

  1. Changes to this Policy

We may, in our sole discretion, update this Policy periodically without prior notice to you to reflect changes in our information practices or with respect to applicable laws. We will post the updated version at this URL and indicate at the top of the Policy when it was last updated. Please revisit this page periodically to stay aware of any changes to this Policy. In the event that the modifications materially alter your rights or obligations hereunder, we will make commercially reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notifications after such material changes are made. Our amended Policy will automatically take effect upon the date that an update is published. Your continued use of the Platforms after the revised or updated Policy has become effective indicates that you have read, understood and agree to the then-current version of the Policy.

  1. How to Contact Us

If you are based in Malaysia, you have the right to make a complaint at any time to the relevant supervisory authority for your member state. We would, however, appreciate the chance to deal with your concerns before you approach your supervisory authority so please contact us in the first instance. If you have any questions about this Policy, including any requests to exercise your applicable legal rights, please contact us using the details set out below.

Our full details are:

Full name of legal entity: Xcalibur Digital Sdn Bhd

Email address: info@Xcalibur360.com

Postal address: B-01-36, Dataran Cascades, No.13A, Jalan PJU 5/1, Kota Damansara, 47810 Petaling Jaya, Selangor