Privacy Policy

1. Background

This privacy policy ("Privacy Policy") sets out how Momentico intends to collect, store, use, disclosure, protect, handle and otherwise process your personal information.

We work within and uphold the Applicable Privacy Laws. You can find further details about the Applicable Privacy Laws on the website of the Applicable Regulator.

2. Definitions

Unless expressly provided otherwise, terms used in this Privacy Policy have the meaning given in our Momentico Terms and Conditions:

• "Applicable Jurisdiction" means the relevant jurisdiction (including any foreign jurisdiction) that applies to or governs the provision of Services by Momentico to the relevant User.
• "Applicable Privacy Laws" means:

  (a) if the Relevant Jurisdiction is a State or Territory of Malaysia, the Personal Data Protection Act 2010 (as amended or replaced from time to time);

  (b) if the Relevant Jurisdiction is the United Kingdom or any country within the European Union, the General Data Protection Regulation (EU) 2016/679 (as amended or replaced from time to time); and

  (c) if the Relevant Jurisdiction is a State of the United States of America, the applicable privacy laws of that State.

• "Cookie Information" has the meaning given to that term in clause 5.
• "Momentico" has multiple definition depending on the context where it is used:

  i. "Momentico" in the context of content or messages, is the proper noun coined by us that refers to Content that a User sends via the Website to one or more recipients specified by the User after a period or at a date specified by the User.

  ii. "Momentico", "us", or "we" means NOVABYTE INNOVATIONS, its subsidiaries and its subsidiaries' directors, officers, employees, agents and advisors.

• "Momentico Terms" means the terms and conditions of www.momentico.app
• "Privacy Policy" has the meaning given to that term in clause 1.
• "Personal Data":

  (a) if the Relevant Jurisdiction is a State or Territory of Malaysia, has the same meaning given to that term in the Personal Data Protection Act 2010 (PDPA) (as amended or replaced from time to time) includes information about an identifiable and living individual, including names, addresses, telephone numbers, email addresses, photographs, dates of birth, credit and banking details;

  (b) if the Relevant Jurisdiction is the United Kingdom or Member State of the European Union, has the same meaning given to that term in General Data Protection Regulation (EU) 2016/679 (as amended or replaced from time to time)

  (c) if the Relevant Jurisdiction is a State of the United States of America, means all information collected by Momentico, whether electronically or manually, through (i) the Website, (ii) any Services, (iii) e-mail messages and other electronic communications that you may send to Momentico, and (iv) other sources in the ordinary course of our business, that relates to an individual and that identifies, or can be used in conjunction with other information to reasonably identify, such individual.

• "Relevant Authority" means:

  (a) if the Relevant Jurisdiction is a State or Territory of Malaysia, the Personal Data Protection Commissioner;

  (b) if the Relevant Jurisdiction is the United Kingdom, Information Commissioner's Officer;

  (c) if the Relevant Jurisdiction is a Member State of the European Union, the government agency charged with the responsibility of administering the General Data Protection Regulation (EU) 2016/679 (as amended or replaced from time to time); and

  (d) if the Relevant Jurisdiction is a State of United States of America, the government agency charged with the responsibility of administering the Relevant Privacy Law for that State.

• "Sensitive Information" means all Personal Data of an individual that reveals:

  (i) racial or ethnic origin,

  (ii) political opinions, religious or philosophical beliefs,

  (iii) trade union membership,

  (iv) genetic data,

  (v) biometric data;

  (vi) physical or mental health data,

  (vii) the sex life or sexual orientation, or

  (viii) criminal record of such individual.

• "Service" means a service provided by Momentico on a Website.
• "Terms" means the Momentico Terms and the terms and conditions of any Website which can be accessed at the relevant Website (as amended from time to time).
• "User" means a user of the Services provided by Momentico through a Website.
• "Website" refers to www.momentico.app

3. Collection and Storage of Personal Information and Data

3.1 Types of Personal Information

We may collect Personal Information about individuals. This Personal Information could include:

• names;
• gender;
• contact details (including email address, telephone number(s) and other contact details);
• date of birth;
• usernames and passwords;
• photos;
• bank account details;
• date of death;
• voice recordings;
• videos; and
• sensitive Information that you choose to submit to us.

Momentico collects this Personal Information in furtherance of its own legitimate interests, such as marketing its goods and services to you, and in providing, administering, improving and personalising the Services to you, and based on your consent, where Momentico asks for and collects your consent prior to collection, storage, use, disclosure, protection and handling of Personal Information.

3.2 Restrictions

If some or all of your Personal Information is not collected by Momentico, Momentico may not be able to provide you with the Service (in whole or in part) or personalise the Service (in whole or in part) to you or provide other goods and services to you.

If you are under the age of 18, we need the consent of your parent or guardian to process your personal information. Momentico does not knowingly process the Personal Information of children under the age of 18. If you are under the age of 18, please do not use the Services without your parent or guardian's consent. If you suspect that a child under the age of 18 has provided Personal Information to us, please notify us via the e-mail addresses at support@novabyte.io

3.3 Sensitive Information

The Personal Information collected by Momentico may include Sensitive Information. Momentico will only collect and use Sensitive Information for the purpose that it is collected as permitted under the Applicable Privacy Laws, which includes situations where you have given your explicit consent, where such processing is necessary in the field of employment, social security, or social protection law, or where such processing is necessary for the establishment, exercise or defence of legal claims. Other allowable bases for the processing of Sensitive Information may apply under the Applicable Privacy Laws and Momentico may use Sensitive Information accordingly.

3.4 How does Momentico collect your personal information?

Momentico will collect Personal Information only by lawful and fair means and not in an unreasonably intrusive manner. When you provide Momentico with Personal Information you consent to the use, disclosure and handling of your Personal Information in accordance with this Privacy Policy.

3.5 Collecting Information from You

If it is reasonable and practicable to do so, Momentico will collect personal information directly from you.

Depending on how you choose to interact with Momentico, Momentico may collect your personal information when you contact, or are contacted by, Momentico or its service providers by telephone, by email, through the Website, or when you complete a form or document and provide it to Momentico. More specifically, we collect personal information in circumstances including when:

• a person signs up to an account on a Website to become a User;
• a User posts content about themselves on a Website;
• a User posts content about a living third party on a Website;
• a User sends content about themselves or a living third party to themselves or a third party on a Website;
• a User visits a Website and sends an enquiry through or makes a comment or other post the site, through an email, via a social media platform such as Facebook, Twitter or Pinterest;
• a User signs up to an email marketing list;
• a User interacts with our social media services;
• we meet with an organisation wishing to do business with Momentico (and an individual from that organisation provides details);
• an individual enters into a transaction with us using a credit card or method other than cash;
• an individual makes an order through our online store in accordance with the Momentico Terms;
• an individual enters a competition being run by Momentico; and
• evaluating job applicants and personnel which may include collection of details such as employment history and educational qualifications. This may include Sensitive Information. Further details about our Privacy Policy and practices for job applicants will be available at the time of application.

We do not directly collect your credit card details to process your payment or for customer services purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are permanently stored with us. However, we may collect your bank account details to process refunds.

3.6 Collecting Information from Third Parties

Momentico may also collect information about you from other people (e.g. a third-party administrator or other Users) or independent sources. This may occur when, for example, other Users upload Content that includes information about you. If you also give us permission to access information in other services, such as Facebook or Google Drive, Apple or Dropbox, we may be able to obtain information from those accounts depending on your privacy settings.

However, Momentico will only do so where it is not reasonable and practicable to collect the information from you directly. Where Momentico has collected your Personal Information from a third party, such Personal Information will be held, used and disclosed by Momentico in accordance with this Privacy Policy.

4. Cookies

Momentico may also collect information based on how you use its Website, including through 'cookies', web beacons and other similar technologies.

Cookies are small text files that are transferred to your computer's hard drive through your web browser to enable Momentico' systems to recognise your browser and record non-personal information such as the date, time or duration of your visit and the pages accessed, for website administration, statistical and maintenance purposes ("Cookie Information").

We may use Cookies to collect data relating to your general internet usage.

We use Cookies to help us to improve our site and to deliver a better and more tailored service, for instance by storing information about your preferences and allowing us to recognise you when you return to our site.

We will ask for your consent before placing non-essential cookies on your device.

No attempt is made by Momentico to use Cookie Information to personally identify you. However, if Cookie Information is linked with personal information as set out above, this Cookie Information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.

You can remove or reject cookies by adjusting the settings on your web browser. Please note that some parts of the Website may not function fully for users that disable cookies.

5. Electronic Communications and direct marketing

Momentico may, in compliance with the laws and regulations of the Applicable Jurisdiction and Applicable Privacy Laws, send you email messages and other electronic communications:

• in connection with your use of the Website or any Services,
• in the ordinary course of business, or
• for any other legitimate business purpose (including, but not limited to, marketing).

You can unsubscribe from such email messages or other electronic communications at any time by emailing Momentico at support@novabyte.io, or following the directions contained in such e-mail messages or other electronic communications.

6. Anonymity/Pseudonymity

Where practicable, customers and others have the right to interact with us anonymously or using a pseudonym. Circumstances where it is not practicable, however, include where Personal Information is required to complete a credit card or account transaction.

7. Use of Personal Information

Momentico may hold, use or disclose your Personal Information for the purposes of marketing, but only where such use complies with the Applicable Privacy Laws.

Subject to the Applicable Privacy Laws, Momentico may also hold, use or disclose your Personal Information collected for the purpose it was provided or collected, including in the following ways:

• display it when you have posted it to a Website;
• for use for the purposes of collection described in clause 4 above;
• to respond to enquiries received from you;
• to perform authorised financial transactions with you;
• to identify you with third party services that we may use for customer support or payment processing;
• to verify your identity and to assist you if you have forgotten any account details;
• to communicate with you and provide you with information (whether by email, post or other means) about our products or services;
• to send marketing or product-related communications from companies in the Momentico family;
• to notify you about changes to our goods and services;
• to ensure that content from our Website is presented in the most effective manner for you and for your computer/device;
• to allow you to participate in interactive features of our Website, when you choose to do so;
• to facilitate your participation in surveys where you volunteer that Personal Information;
• to receive and address feedback or complaints from you;
• to transfer data to your next-of-kin in the event of your passing;
• for the purposes of fulfilling orders on our online store in accordance with the Momentico Terms;
• to protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary), and
• in other circumstances, with your prior consent.

All members and others with whom we interact have the option of opt-out of receiving marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the "unsubscribe" link in any email communications that we might send you.

8. Third Parties

The Website may contain links to third party websites including the networks of our valued affiliate service providers and/or advertisers.

If you follow a link to any of these websites, note that they have their own privacy policies. If you use our website to link to another site you will be subject to that site's terms and conditions of use and privacy policy. We strongly encourage you to view these before disclosing any of your Personal Information on such sites.

Momentico does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of Personal Information by, any party other than Momentico, including any user of the Website and the operators of any website to which the Website links. Momentico does not share your Personal Information with those websites.

9. Disclosure of Personal Information

We may disclose your Personal Information to any of our related group companies. They will only use it for the same purposes that we may under this Privacy Policy.

We may provide personal information to third parties outside our group companies for limited purposes, such as to help us in providing goods and services to customers. We limit the information we provide to third parties to the information they need to help us provide or facilitate the provision of goods and services to you. We deal with third parties that are required to meet the privacy standards required by the Applicable Privacy Laws in handling your Personal Information and use your Personal Information only for the purposes that we gave it to them.

Such third parties may include, but are not limited to:

• organisations who carry out credit, fraud and other security checks;
• couriers and delivery businesses (where we arrange to deliver goods to you or persons you have requested us to send deliveries to);
• third party software providers who store details of customer account for us or who provide other IT services;
• marketing businesses engaged by us to disseminate materials to which recipients have consented; and
• we may also disclose your Personal Information to third parties outside our group of companies:

  (i) where we have your express permission to do so;

  (ii) where it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties, unless prohibited under the Applicable Privacy Laws;

  (iii) if Momentico sells, assigns or otherwise transfers part or the whole of its business, in which case your Personal Information, which was collected by Momentico through your use of the service, may be among the items transferred or sold to the extent that it is relevant to Momentico' business; and

  (iv) if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions or to protect the rights, property, or safety of Momentico, its personnel or customers. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

10. Security of Personal Information

The security of your Personal Information is important to Momentico. Accordingly, Momentico takes commercially reasonable steps to protect your Personal Information from misuse, loss and unauthorised access, modification and disclosure.

Each account or a page created on a Website is protected by account details provided to Users for privacy and security.

However, we cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses. We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software).

In light of this, we cannot and do not ensure or warrant the security or privacy of your Personal Information, including payment and bank account details. You transmit your Personal Information to us at your own risk.

You are entirely responsible for maintaining the security of your passwords and/or account information.

We treat website and credit card security seriously and endeavour to provide a secure, safe platform through which to conduct transactions.

11. Information Sharing

We do not sell your Personal Information. We reserve the right to share information and data collected under this Privacy Policy with other Momentico entities which may be incorporated in jurisdictions outside Malaysia.

We reserve the right to share information and data collected under this Privacy Policy with other Momentico entities which may be incorporated in jurisdictions outside Malaysia.

Momentico may also transfer your Personal Information to a person who is in a foreign country to assist us in providing you with our Service. In these circumstances, we will take such steps as are reasonable in the circumstances to ensure that the information that is transferred to third parties located outside of Malaysia will not be held, used or disclosed by the recipient of the information in a manner that is inconsistent with the Malaysia Personal Data Protection Act.

12. Data Rights

You may have a right to access the Personal Information we hold about you. Subject to Applicable Privacy Laws, you may have the right to request and obtain information about, or copies of, your Personal Information that we process, where we obtained your information, the business or commercial purpose for collecting your information, and the third parties with whom your information is shared. Lastly, you may, in certain circumstances, ask us to correct or delete Personal Information concerning you, depending on the situation and applicable laws.

All of our processing is in support of our business. Where we process your data based upon your consent, you may withdraw consent if you wish to do so.

Upon receipt of a request to exercise your rights, we may request additional information in order to verify your identity. To the extent possible, we will utilize information already in our possession to verify your identity. Any information you provide in connection with such verification will be deleted as soon as practicable following your request.

You may designate an authorised agent to make a request on your behalf. If you submit a request through an authorised agent, we may require that the authorized agent provide proof that the authorized agent has been authorized by you to act on your behalf and may still require you to verify your identity in accordance with the above.

13. Warranties and Representation

This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by Momentico to you as to the manner in which Momentico will or may collect, store, use, disclose, protect or otherwise handle your personal information. Some matters are beyond the control of Momentico, such as third party malicious or criminal attacks.

14. Access to/Correction or Updating of Your Personal Information

You have a right to access the Personal Information we hold about you and a right to request that such Personal Information be corrected if you believe it is inaccurate, incomplete or out of date. To obtain a copy of the Personal Information we hold about you or to request Momentico correct your Personal Information please contact us as set out in clause 15 of this Privacy Policy.

15. Concerns about privacy

If you:

• have any concerns regarding the privacy of your Personal Information, or a possible breach of the Applicable Privacy Laws;
• wish to obtain a copy of your Personal Information held by Momentico;
• wish to make a request that your Personal Information held by Momentico be corrected if you believe it is inaccurate, incomplete or out of date; or
• exercise any other data right, please contact us at support@novabyte.io

In the email please specify the following information:

• your name;
• your address;
• your phone number;
• your email address;
• a description of your concern (if applicable);
• detail about the information in question to help us locate it (if applicable).

We will then use commercially reasonable efforts to promptly determine if there is a problem or action to your requests and take the necessary corrective action within a reasonable time.

Should you wish to report a complaint or feel that Momentico has not addressed your concern in a satisfactory manner, you may make a formal complaint to the Relevant Authority.

16. Deletion, Removal or Destroyed of Personal Information

You can request for your Personal Information be deleted, removed, depersonalised or destroyed by Momentico by emailing support@novabyte.io

Momentico will use commercially reasonable endeavours to action your request within a reasonable time and notify you when your request has been completed.

17. Compliance with the Applicable Privacy Laws

Notwithstanding any other provision of this Privacy Policy:

• the laws of the Applicable Jurisdiction (including the Applicable Privacy Laws) overrides any provisions in this Privacy Policy which are inconsistent with those laws; and
• to the extent that the laws of the Applicable Jurisdiction, including the Applicable Privacy Laws, impose less onerous requirements or obligations on Momentico that this Privacy Policy, those provisions will be implied as part of this Privacy Policy and, to the extent of any inconsistency, those provisions will prevail over the express provisions of this Privacy Policy.

18. Waiver

Subject to the laws of the Applicable Jurisdiction, any failure or delay by us to enforce or exercise a power or right or provisions of this Policy will not constitute a waiver of those rights or provisions, and the exercise of a power of right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

19. Amendment

We reserve the right at our sole discretion to revise this Privacy Policy at any time. You should visit the Websites periodically to review this Privacy Policy. Amendments will be effective immediately upon notification or publication on the Website. Subject to the laws of the Applicable Jurisdiction, your continued use of the Websites following such notification or publication will represent an agreement by you to be bound by this Policy as amended.

20. Governing Law

This Privacy Policy is governed by, and must be construed according to, the law in force in the Applicable Jurisdiction. The Courts in the Applicable Jurisdiction will have the exclusive jurisdiction to determine disputes in relation to this Privacy Policy or any other matter concerning the operation of the Websites.

21. Effective Date

This Privacy Policy is effective on and from April 2023.