Malaysia E-Invoice - Privacy Policy

Last updated : 06.03.2024

We place the highest importance on respecting and protecting your privacy.
Our relationship with you is our most important asset. We want you to feel
comfortable and confident when using our Platform and Services. The
objective of this Policy is for you to better understand the type of
information we intend to collect from you; the purpose for which the
information collected by us will be used; the use of such information by the
parties with whom we will share your information; our policy regarding
cookies and identity theft instances; the data security practices of the third
party website links available on our Platform; the data retention policy and
information security measures implemented by us; our disclaimers in
relation to Services and the Platform; our policy regarding the changes and
updates to this Policy; our policy with respect to withdrawal of your consent;
and legal rights and obligations in case of disputes and grievances.
This Privacy Policy (the “Policy”) applies to the use of or access to the
website https://www.cleartax.com/my and on its mobile/web applications
(hereinafter, collectively referred to as the “Platform”), by the User
(hereinafter “you” or “your”).

The Platform is provided by Defmacro Software Private Limited
(hereinafter “Company” or “Cleartax” or “our” or “we” or “us”), a company
incorporated under the Companies Act, 2013, having its registered office at
B-3 Lower Ground Floor, School Lane, Naraina Vihar, New Delhi - 110028
and its corporate office at 23-24 AMR Tech Park, Block 1, First Floor,
Hosur Main Road, Hongasandra, Bangalore, Karnataka PIN:560068.
This Policy is published in accordance with the provisions of Rule 3(1)(a) of
the Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules, 2021 and Rule 4 of the (Indian) Information
Technology (Reasonable Security Practices and Procedures and Sensitive
Personal data or Information) Rules, 2011 framed under the (Indian)
Information Technology Act, 2000 (as amended from time to time) and that
requires publishing the privacy policy for usage of Platform and Services.
This Policy (read with the Terms of Use (hereinafter the “Terms”))
constitute a binding and legally enforceable contract between the Company
and User.

By using the Platform or availing the Services, you agree to this Policy.
Subject to applicable laws, the terms of this Policy (and any changes
thereto) will become applicable to you retrospectively on and from the date
of your first use of the Platform. If you do not agree to the terms of this
Policy, please do not use our Platform and Services. Further, by using this
Platform, you also confirm that you are either the owner of or are duly
authorized to use and share the information that the Platform may require,
and that you using the Platform does not violate any applicable law or
contract by which you may be bound or is otherwise prejudicial to any
person. You agree to indemnify the Company, its employees, directors,
officers, agents, business associates, affiliates and agents from any loss,
damage, expenses or other adverse consequence they suffer as a result of
your usage of the Platform unless such loss, damage, expenses or other
adverse consequence can be attributed to our act or omission.
The Policy extends to the following information: (a) information you provide
us, or the information otherwise collected by us through your usage of our
Platform and Services (see Terms); (b) information collected while you use
the Platform and Services; (c) information collected from any other source;
or (d) information generated while availing the Services including but not
limited to any transactional information. We aim for full transparency on
how we gather, use, and share your information.
This Policy should be read in consonance with the Terms available at
https://www.cleartax.com/my/privacy and they are incorporated by
reference. Capitalised terms not defined herein, shall have the meaning set
out in the Terms.

1. INFORMATION WE COLLECT

1.1 When you use our Platform or avail the Services, we seek or collect,
amongst others information such as your name, mother’s name, father’s
name, password, date of birth, gender, Permanent Account Number (PAN),
signature, marital status, nominee details, cancelled cheque, photograph
and video recording, email id, phone number, educational or professional
qualification, business name, business address, nature of business, Goods
and Services Tax Identification Number (“GSTIN”), Tax Deduction and
Collection Account Number (TAN), bank account details, United Payments
Interface (UPI) ID, and/or other payment and investment information and
copies of KYC documents that helps us confirm your identity and facilitate
provision of the Services through our Platform. No liability pertaining to the
authenticity/ genuineness of the information disclosed will lie on the
Company. Further, the Company will not be in any way responsible to
verify any information obtained from you.
1.2 In case you are required to provide your Aadhaar details to us during
account creation, you acknowledge and agree that the act of providing your
Aadhaar details to us is voluntary. We require Aadhaar details solely for the
purpose of carrying out KYC and for filing of ITRs.
1.3 We collect mobile numbers, e-mail addresses that you provide us on
the Platform and use the same for sending various communications to you.
1.4 When you visit our Platform or avail the Services, we collect certain
information about your interaction with our Platform including the pages
that you view, your internet protocol address, the links you select or actions
you take, browser type, the unique identifier of your device and device
information such as operating system, operating system version, browser
plug-ins, crashes, system activity, hardware settings, location based
information, date and time of your request and referral URL, and cookies
that may uniquely identify your browser and mobile application and the
previously visited webpage.
1.5 We may retrieve your information and records available with third party
provider including credit score and liabilities information or information from
the KYC Registration Agency, Goods and Services Tax Network (“GSTN”)
and National Informatics Centre such as name, KYC details, KYC status,
father’s name, occupation, address details and related documents You
hereby authorise the Company to download and retrieve any information
from governmental and other statutory bodies including but not limited to
GSTN and NIC.
1.6 When you avail the Services, we may after obtaining consent, access
and read information from your device such as information from your SMS
storage for the providing the Services. Further, certain Services require us
to obtain access to the ability to make phone calls or send messages using
your device. If you choose to avail such Services, by agreeing to this Policy
and Terms you are providing your express consent to permit the Company
to access the calling and messaging functionalities of your device.
1.7 In order to prepare your income tax return, to file your e-return, to assist
on your tax matters, and/or to provide an audit defense service, we collect
information about your income, deductions, credits, dependents, etc.
Collectively, this information is referred as “Tax Return Information”.

2. HOW WE USE THE INFORMATION

2.1. We do not sell or share your personal or financial information to
anyone. However, notwithstanding anything contained in this Policy, you
expressly acknowledge, consent and agree to the following terms on
information use and further authorise us to access and use your
information in the manner set out below:
a. to use your information to manage your account, to contact you and to
operate, improve, and deliver our Platform and Services. We use your
information to give you a customized, interactive experience as you use our
Platform and avail the Services.
b. to use your information for maintaining a record of such information and
your transactions in a secure and confidential manner, and as required
under the applicable laws.
c. to use services of third parties to provide the Platform and Services for
you, who are bound to keep such information confidential.
d. to troubleshoot software bugs and operational issues, to conduct data
analysis, testing and research and to monitor and analyse usage and
activity trends. Information collected may also be used to share
communications to you about our products & services, provide additional
features through cookies and to detect and/or prevent any
fraudulent/criminal/prohibited activity as per applicable laws.
e. to use the data in an aggregated/compiled form to produce
statistical/demographic analyses for marketing, strategy and other business
purposes. However, these will be used in ways that will not be able to
identify you or link any specific information to an individual. Such
aggregated information and results/analyses shall be our property and you
will not be entitled to any compensation for the use thereof.f. to share your
information with judicial, administrative and regulatory entities to comply
with any legal and regulatory requirements.
g. to summarize information about your usage and combine it with that of
others to learn about the use of the Platform and Services and further to
help us develop new products and services.
h. to retain copies of your completed and filed ITRs, including retrieving
information from governmental and other statutory bodies including but not
limited to GSTN and NIC. This information may also be used to perform
analysis or to provide you with a copy of your returns for your convenience.
i. to use your information to manage your account, to contact you and to
operate, improve, and deliver our products and services, including the
Platform. You further acknowledge, agree and authorise us to use your
information for market research, project planning, product development,
troubleshoot problems, analyse user behaviour, marketing purposes, and
promotions.
j. to use your information to compute the charges for the products and
services you purchase.
k. to use the contact information to communicate with you. You further
expressly consent and authorise us to send you messages on your mobile
number, call you on your mobile number, send you messages and
communicate with you in any other manner including for the purpose of
providing you Platform and Services and for marketing and promotional
purposes.
l. to (by using your Tax Return Information) prepare and file your IT return,
and provide related assistance and services.
m. to use third-party advertising companies to display advertisements.
Such companies may use information about your visits to the Platform and
Third-Party Platforms in order to provide advertisements about goods and
services of interest to you.
n. to share your information with identified Strategic Partners, our third
party service providers and our affiliates to host, use, copy, transmit,
process, store, share, analyse, display, make derivations, and back up all
data you submit to us through the Services and as required by us, including
but not limited to personal data and any other data relating to financial
information of yourself and others, for the purposes of (a) providing the
Services requested by you, as set out in this Policy and enable you to use
the Platform and avail the Services (including the services provided by our
Strategic Partners, third parties and affiliates; (b) allow us to improve,
develop and protect the Services; (c) create, market or provide new
services through the Company or its Strategic Partners, group companies
and affiliates; (d) communicate with you about our Platform and the
Services; and (e) send you information we think may be of interest to you.
You agree, represent and warrant that you have, and you will maintain, all
rights to allow the Company, our Strategic Partners and/ or any third-party
service providers, and our affiliates, to host, use, compile, copy, transmit,
process, store, share, analyse, display, make derivations, and back up all
your data and retain aggregated customer data, including without limitation
in combination with data of other users.
o. to conduct audit of your records with notice in case of reasonable
suspicion of fraud;
p. to retain/ store your data and confidential information, of any nature
(either wholly or partially), in the Company’s servers or cloud or otherwise
in any other medium as may be transmitted/ processed/ passed through
the Platform.
2.2. You acknowledge, agree and authorise us to collect, store, process
your information and further transfer and share information (including
personal information) with third parties only as necessary under applicable
law.
2.3. You acknowledge, agree and authorise our partners and entities for
who we act as a technology facilitator (including ClearSharp Technology
Private Limited (having its office at X - 58, IInd Floor, Loha Mandi, Naraina
New Delhi West Delhi DL 110028 IN) and Right Horizon Investment
Advisory Services Private Limited (having its office at , Arekere Village
Opp. British Biologicals, Bannerghatta Road, Bangalore KA 560076 ))
(“Strategic Partners”) to collect, store, process, transfer your information
including for the purpose of providing Services to you through the Platform.
You allow such Strategic Partners to record, maintain and process your
personal and transaction related information for the purpose of using the
Services. You further authorise such Strategic Partners to communicate
with you in any manner including by way of emails, messages and phone
calls.
2.4. If you choose to use Services provided by our Strategic Partners or our
third-party service providers through the Platform, your information may be
governed by the terms of the privacy policy of such Strategic Partners and
the third-party service providers. We will not be responsible or liable for the
privacy practices of such Strategic Partners or any third-party service
providers.
2.5. We may, share/ transfer/ assign all of your information with any other
business entities, including in the event of a merger, sale, re-organization,
amalgamation, joint ventures, assignment, restructuring of business or
transfer or disposition of all or any portion of our business.

3. ERI SERVICES FOR E-FILING

ERI Services for filing your ITR are provided by our partner ClearSharp
Technology Private Limited (“ClearSharp”) through our Platform.
ClearSharp is an authorised ERI as per the Electronic Furnishing of Return
of Income Scheme, 2007. You authorise ClearSharp to request and collect
your personal and other information in order to provide e-filing services to
you, add you as a client of the ERI, retrieve your income tax return
information using ERI services, E-File access of your ITR, access, store
and process your Form-16, perform other additional functions as necessary
to discharge its responsibilities as ERI.

4. COOKIE POLICY

Like many websites, we use cookies, flash cookies, web beacons or similar
technologies. “Cookies” are small text files that are stored on your
computer or other device when you visit certain online pages that record
your preferences and actions. We use cookies for a variety of purposes,
including remembering you and your preferences, tracking your use of our
Platform, and facilitating your use of Platform. Most web browsers
automatically accept cookies, but, if you prefer, you can usually modify your
browser setting to decline cookies. However, please note that refusing a
cookie may limit your access and/or use of Platform and Services.

5. IDENTITY THEFT

5.1 There may be instances when you receive a seemingly legitimate
looking e-mail asking your personal information from you such as your
credit card details, bank account details, one-time passwords, contact
information, etc. The Company will never ask for such information from you
via e-mail.
5.2 Such activities are usually carried on by unauthorized individuals and
are illegal in nature. They are called phishing or identity theft. In case of
any suspicion of such activity or on receiving such an e-mail you are certain
it was not sent by us. We advise you to not respond to such mail and to
take whatever action you see fit.

6. LINKS TO OTHER SITES

Our Platform provides links to other websites and third-party platforms
(“Third-Party Platforms”). Such Third-Party Platforms may collect
information about you. We are not responsible for the privacy practices or
the content of those linked websites and Third-Party Platforms. We
recommend you to review the privacy policies of such Third-Party
Platforms. In case you choose to log-in through your Google account, we
will access information from your Google accounts once they give us
permission to do so whilst using the Google-related functionality (as the
case maybe) of the Platform. Once permission is granted, the Platform
accesses a user’s account details, mobile number, email address, contact
list and location (as applicable). The respective privacy policies of Google
will also be applicable.

7. DATA RETENTION BY US

7.1 We will retain your information only for as long as is necessary for the
purposes set out in this Policy. We will retain and use your information to
the extent necessary to comply with our legal obligations (for example, if
we are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
7.2 We encourage you to review the information and inform about any
discrepancies and information found to be inaccurate shall be corrected or
amended. Please reach out to us at support@cleartax.in in case you would
like to review the information collected by us.
7.3 You shall at all times, take adequate necessary precautions, at your
end, to preserve the integrity and security of your data which shall include
and not be limited to your personal information. All information disclosed by
you shall be deemed to be disclosed willingly and without any coercion.

8. LOG DATA

We want to inform you that whenever you use our Platform or avail the
Services, we collect data from your device called Log Data. This Log Data
may include information such as your device’s Internet Protocol (“IP”)
address, device name, operating system version, configuration of the app
when utilising the Service, the time and date of your use of the Service, and
other statistics.

9. INFORMATION SECURITY

We work to protect your information from loss, misuse or unauthorized
alteration by using industry-recognized security safeguards, coupled with
carefully developed security procedures and practices. We maintain
electronic and procedural safeguards of all information. We use both
internal and external resources to review our security procedures.

10. DISCLAIMER

10.1 We make no representation as to providing or storing back-up copies
of any information submitted to us. You shall be solely responsible to
ensure that you maintain back-up copies of such information and in the
event of any malfunctioning or failing of the Platform for any reason
whatsoever (including on account of maintenance), you may be required to
resubmit such information.
10.2 Although, we take appropriate steps to maintain the security of
information we collect from you, we assume no responsibility of whatsoever
nature as to make good the losses and damages you may incur, due to
privacy and/or security breach of your information. We shall not be liable for
any loss or damage sustained by reason of disclosure (inadvertent or
otherwise) of any information and/or omission or inaccuracy with respect to
any information so disclosed and used whether or not in pursuance of a
legal process or otherwise.
10.3 When payment information is being transmitted on or through the
Platform, it will be protected by encryption technology of a third-party
payment services providers, including payment gateways. You agree,
acknowledge and consent to such sharing of your information with third
party service providers to process payments and manage your paymentrelated information. The Company does not guarantee that the
transmissions of your payment-related information or other information will
always be secure.
10.4 GSTN shall have the sole right and discretion, without any liability of
any nature of the Company, by all means (whether manual or automates)
to accept/ reject or any User’s data from being transmitted to the GST
system from our Platform, including but not limited to, in case of security
breach, data traffic beyond prescribed by GSTN, suspected payload
(having virus and/ or malware) or transfer of corrupt data or due to any
other reasons as mandated by GSTN.

 

11. CHANGES TO THIS POLICY

Please note that this Policy may change from time to time, in accordance
with applicable laws and regulations. We will notify you of such change as
reasonably practicable.

12. WITHDRAWAL OF CONSENT BY YOU

You may choose to withdraw your consent provided hereunder at any point
in time. Such withdrawal of consent must be sent in writing to
support@cleartax.in In case you later withdraw your consent, we request
you not to access the Platform and/or use the Services and also reserve
the right to not provide you any Services through the Platform.

13. GOVERNING LAW

This Agreement is governed by and construed in accordance with the laws
of England and Wales. Any dispute arising under or in connection with this
Agreement shall be referred to a sole arbitrator mutually agreed by the
Parties. The arbitration shall be conducted in English language in
accordance with the Arbitration Rules of the Singapore International
Arbitration Centre as amended from time to time. In the absence of
consensus on appointment of sole arbitrator, the dispute may be referred to
joint arbitrators, one to be nominated by each Party and the said arbitrators
shall nominate a presiding arbitrator, before commencing the arbitration
proceedings. The venue of arbitration shall be Kuala Lumpur, Malaysia.
The arbitrator’s award shall be final and binding on the Parties. It is agreed
that the arbitrators shall also determine and make an award as to the costs
of the arbitration proceedings. The existence of any dispute or difference or
the initiation or continuance of the arbitration proceedings shall not
postpone or delay the performance by the Parties of their respective
obligations pursuant to this Agreement.

14. CONTACT US

If there are any questions or grievances regarding this Policy or the safety
of your information, you may contact us at the address given below.