MOBILE APPLICATION END USER LICENSE AGREEMENT

This mobile application (“App”), made available by Research Triangle Institute, doing business as RTI International (“RTI”) and on behalf of FCDO UK is licensed, not sold to you. Your license to this App is subject to your acceptance of this End User License Agreement (“EULA”). The App that is subject to this EULA is referred to herein as the “Licensed Application.” RTI reserves all rights in and to the Licensed Application under this EULA.

1. Scope of License: RTI grants to you a nontransferable license to use the Licensed Application as permitted by this EULA. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by RTI that replace or supplement the original Licensed Application, except to the extent such upgrade is accompanied by additional terms or an updated EULA. Except to the extent expressly permitted by RTI, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time or otherwise transfer, redistribute or sublicense the Licensed Application. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing 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 Licensed Application).
2. Consent to the Use of Data: Before becoming a user of the App, you must read and accept all of the terms and conditions in, and linked to, this EULA and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto. In accordance with the provisions of the Privacy Policy, access to the App is limited to persons over 18 years of age. You agree that RTI may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. RTI may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
3. Services provided by the App. Once registration is completed by you, the App works through mobile devices where the App has been downloaded and installed. By registering as a user, you will allow the App to use your data, and you will be able to access the ‘Learn’, ‘Mission’ and ‘Rewards’ functions under the App through your personalised account (“Account”). You may earn reward points which will be credited into your Account upon the completion of certain mission/courses set out under the App. Reward points credited to you have no monetary value, do not constitute your property, and cannot be purchased, sold, transferred, or redeemed for cash. Subject to our rules and regulations as determined, varied or modified by us from time to time, and subject to any cap imposed by us at our sole discretion, you may redeem your reward points by offsetting the purchase price of selected items when making purchases at selected sites/shops as advised by us from time to time. The reward points that you redeem will be deducted from your Account balance. We will notify you of the terms of such reward points, if any, from time to time. Third Party Contribution to the Services. Each contributor to the Services of data, text, images, sounds, video and other content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their content contribution. You will not hold us responsible for any user's actions or inactions, including, without limitation, to things they post or otherwise make available via the Services.
4. Termination. This EULA is effective until terminated by you or RTI. You may terminate your Account if you notify us in writing (including via email) of your desire to do so. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. We may for any reason, at our sole discretion and with, or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any content associated with your Account and User ID, withdraw any incentives offered to you, temporarily or permanently. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of this EULA, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour, (d) having multiple user accounts, (e) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Site), or (f) behaviour that is harmful to other users or third parties.
5. External Services. The Licensed Application may enable access to RTI’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. RTI is not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by RTI or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of RTI or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that RTI is not responsible for any such use. External Services may not be available in all languages and may not be appropriate or available for use in any location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. RTI reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
6. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall RTI’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of U.S. Fifty Dollars (U.S.$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Use of License Application. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and Malaysian law in which the Licensed Application was obtained. You also agree that you will not use the Licensed Application for any purposes prohibited by United States or Malaysian law, including, without limitation, to the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
9. Whole Agreement. This Agreement constitutes the entire agreement between you and RTI and governs your use of the App, superseding any prior agreements with respect to the same subject matter between you and RTI. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. RTI's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. RTI will not be responsible for failures to fulfill any obligations due to causes beyond its control.
10. Governing Laws. These EULA shall be governed by and construed in accordance with the laws of the United States and Malaysia. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the App. Your use of the Services may also be subject to other laws. No RTI employee or agent has the authority to vary this Agreement.
11. Enforcement of the EULA. You hereby grant RTI the right to take steps RTI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that RTI has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as RTI believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
12. If you have any questions or concerns regarding the terms in this EULA or any issues raised in relation to these terms, or on the App, please contacts us at: [email protected].

Last Updated: February 19, 2021

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Better Health Programme Malaysia Privacy Policy

1. INTRODUCTION

   RTI International has developed this application on behalf of FCDO UK. RTI International takes our responsibility towards privacy rules and regulations (“Privacy Laws”) very seriously and is committed to respect your right to privacy and protecting your Personal Information. This Privacy Policy (“Policy”) sets out the ways in which Personal Information provided to us by you for the Better Health Programme is used, disclosed and kept secure by RTI. This policy applies whenever and wherever we collect your Personal Information during the time that you are participating in the project. This includes when you use our website, mobile applications, electronic services, social networking sites or other digital platforms, so please read this Policy carefully. By continuing to use this site, you agree to the terms of this Policy. If you do not agree with the terms of this Policy, please do not provide us with your Personal Information or interact with this site.

   1. About RTI International

      RTI International is administering the Better Health Programme and is an independent, non-profit research institute dedicated to improving the human condition. We combine scientific rigour and technical expertise in social and laboratory sciences, engineering, and international development to deliver solutions to meet critical needs of clients worldwide. This Policy applies to all companies owned by RTI International.

   2. About this Policy

      This Policy explains what Personal Information we collect about you, how we may use it, when we may disclose the information, and the steps we take to ensure that your Personal Information is kept secure. We also explain your rights with respect to your Personal Information.

      Please note this mobile application (“App”), website and other digital platforms may contain links to third party websites / digital platforms which are provided for your convenience or for the operation of this App. RTI is only responsible for the privacy practices and security of our own digital platforms. We recommend that you check the privacy and security policies and procedures of each and every other website / digital platform that you visit even if it is linked to this App.

   3. How to contact us about your Personal Information or this Policy

      If you have any additional questions about this Policy or about how your Personal Information is used, disclosed or secured by this project, please email us at [email protected] or write to us at the following address: RTI Malaysia

      Suite 5.2 & 5.3, Nucleus Tower, Jalan PJU 7/6, Mutiara Damansara, 47820 Petaling Jaya, Selangor

2. COLLECTING YOUR PERSONAL INFORMATION

   1. "Personal Data" means data, whether true or not, about an individual that can be used to identify him / her including any other information to which an organisation has or is likely to have access to.
   2. Your Personal Information may be collected:-
      1. when you access, register and/or use our services or site, or open an account with us;
      2. when you enter your information into a form on this site and submit that form, whether online or by way of a physical form;
      3. when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services, or visit any page online that displays our content;
      4. when you interact with us, such as via telephone calls (which may be recorded), letters, social media platforms and e-mails;
      5. when you use our electronic services, or interact with us via our application or use services on our website to access health content, menus and health items, rewards and incentives;
      6. when you link your digital health app account with your social media or other external account or use other social media features, in accordance with the provider’s policies; or
      7. when you submit your personal data to us for any reason.
      The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.
   3. RTI defines Personal Information as any information that identifies you either directly or indirectly, which, when combined may identify you such as:-
      1. name;
      2. address;
      3. e-mail address;
      4. telephone number;
      5. date of birth;
      6. gender;
      7. race;
      8. ethnicity;
      9. internet protocol (IP) address; or
      10. geolocation.
      We may also infer your country of location from the IP address you have used to access our digital platforms. We will collect information about you as you participate in the programme.
   4. Personal Information is collected at three (3) stages of engagement with the App:
      1. Registration by the user: To participate in the programme, we collect community health volunteers (CHV) & community members (CM)’s name, mobile phone number, date of birth, gender, ethnicity, residential location and disability status data at registration for authentication purposes. From local businesses, we collect data on the company’s name, registration number, address, name of person-in-charge, contact number and position.
      2. Under the e-learning platform, we collect information on log-in time, location, the pattern of content consumption and quiz answers.
      3. For health-related tasks and missions, we collect log-in time, location and the pattern of completing tasks/missions from CHVs and CMs. From local businesses, we collect product or service information including the name, description and products redeemed under this App.

3. USING YOUR PERSONAL INFORMATION

   1. We may use, disclose and/or process your personal data for one or more of the following purposes:
      1. to consider and/or process your application with us;
      2. to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us;
      3. to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
      4. to administer gamification rewards and incentives by tracking the CHVs and CMs’ engagement data on points collection and reward redemption, as well as the reward registration for local businesses;
      5. to provide notifications to users by tracking CHVs and CMs’ respond engagement data;
      6. to enforce our terms of Service or any applicable end user license agreements;
      7. to protect personal safety and the rights, property or safety of others;
      8. to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
      9. to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your user experience;
      10. to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
      11. to prevent or investigate any actual or suspected violations of our terms of service, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
      12. to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
      13. any other purposes which we notify you of at the time of obtaining your consent.
      (collectively, the “Purposes”).
   2. You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with a request from any governmental or regulatory authority having jurisdiction over us; (c) enforce our Terms of Service or this Privacy Policy; and (d) respond to any threatened or actual claims asserted against us or other claim that any App content violates the rights of third parties.

4. PROTECTING AND RETAINING YOUR PERSONAL INFORMATION

   1. All Personal Information that we collect about you will be recorded, used, and protected by us in accordance with applicable data protection legislation and this Policy. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems.
   2. We may supplement the Personal Information that you provide with other information that we obtain from our dealings with you or which we receive from other organizations, for example, our sponsors and partners.
   3. If you cease using the Site, or your permission to use the Site and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

5. COLLECTION OF DATA FROM INDIVIDUALS OUTSIDE THE UNITED STATES

   Please note that RTI is headquartered in the United States of America. If you are located outside the United States and provide your data to RTI, we will take proper steps to ensure that your information is protected in accordance with this Policy and the Data Protection Laws of Malaysia. In addition, RTI recognizes that the European Union has established a data protection policy effective May 25th, 2018 known as General Data Protection Regulation (“GDPR”). This regulation applies to countries within the European Union (“EU”) and governs the transfer of data outside of the EU. GDPR restrict companies in the EU from transferring personal data about individuals to the United States, unless there is “adequate protection” for such personal data when it is received in the United States. To create such “adequate protection” and allow our vendors to overcome the restriction on international data transfers established by GDPR by adopting standard contractual clauses. Transfers of data can also occur when RTI has your consent or the transfer is necessary for RTI to perform requirements under a contract that you have entered into with RTI. RTI has implemented appropriate technical and organizational measures so that the use of your Personal Data meets the requirements of the GDPR.

   Under the GDPR, individuals located in the EU/EEA are allowed the following protections with respect to your Personal Data:

   The right to access – You have the right to request RTI for copies of your personal data. We may charge you a small fee for this service.

   The right to rectification – You have the right to request that RTI correct any information you believe is inaccurate. You also have the right to request RTI International to complete the information you believe is incomplete.

   The right to erasure – You have the right to request that RTI erase your personal data, under certain conditions.

   The right to restrict processing – You have the right to request that restrict the processing of your personal data, under certain conditions.

   The right to object to processing – You have the right to object to RTI’s processing of your personal data, under certain conditions.

   The right to data portability – You have the right to request that RTI transfer the data that we have collected to another organization, or directly to you, under certain conditions.

   If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: [email protected].

   Or write to us: RTI Malaysia Suite 5.2 & 5.3, Nucleus Tower, Jalan PJU 7/6, Mutiara Damansara, 47820 Petaling Jaya, Selangor.

   In all instances where we disclose your information to third parties, we will ensure that your information is appropriately protected.

6. NOTIFICATION OF A DISCLOSURE OF YOUR INFORMATION

   1. Cookies

      In common with many other website operators, we use standard technology called 'cookies' on our website. Cookies are small pieces of information that are stored by your browser on your computer's hard drive and they are used to record how you navigate this website on each visit.

   2. Security of information

      We take the security of your Personal Information seriously and use commercially reasonable security procedures to protect Personal Information you provide to RTI. When you submit your information to us, we use industry standard Secure Sockets Layer (SSL) encryption technology to guard your information. In addition, we have security procedures in place to protect our paper-based systems and computerized databases from loss and misuse, and only allow access to them when it is necessary to do so, and then under strict guidelines as to what use may be made of the Personal Information contained within them.

      Where a password is required to access certain areas of our digital platforms, you are responsible for keeping your password secure and confidential. Please do not share or disclose your password to any other person.

      While RTI believes these security measures to be adequate, no method of transmission over the Internet, or method of storage is completely secure. Please know that while we will make every effort keep your information secure, there is still a risk that your Personal Information could be misappropriated, and we cannot guarantee its absolute security.

   3. Monitoring/Analytics

      We monitor users’ activities of our app using Firebase and Google Analytics. They track and record how users navigate the app on each visit.

   4. Data storage

      All user data is stored at cloud server with data center located in Malaysia.

7. CHILDREN’S ONLINE PRIVACY

   RTI does not collect data from children and do not intend that any portion of the site will be accessed or used by children under the age of thirteen (13), and such use is prohibited. This site is designed and intended for use by adults. By using the sites covered by this Policy, you represent that you are at least eighteen (18) years old.

8. CONSENT WITHDRAWAL, REQUEST ACCESS TO, OR CORRECT YOUR PERSONAL INFORMATION

   1. You may correct or update your Personal Information at any time by emailing us at [email protected]. Please include your name, address, date of birth and email address when you contact us as this helps us to ensure that we accept amendments only from the correct person. We encourage you to promptly update your Personal Information if it changes.
   2. We will securely retain your information for as long as is reasonably necessary and in accordance with applicable law. If you wish to submit a request that your data be deleted, please write to us at [email protected].
   3. You have the right to receive a copy of the Personal Information that we hold about you. Please write to us at the address above if you wish to exercise this right.

9. CHANGES TO THIS POLICY

   We aim to meet high standards and so our policies and procedures are constantly under review. From time to time we may change this privacy policy. Accordingly, we recommend that you check this page periodically to review the latest version.

10. CONTACT US IF YOU HAVE CONCERNS, QUESTIONS OR COMPLAINTS

    If you have a complaint regarding any aspect of your Personal Information or this Policy, please write to us at the above address.

11. TERMS OF SERVICE

    Please also read the Terms of Service under the Mobile Application End User Licence Agreement establishing the use, disclaimers, and limitations of liability governing the use of the Site and the Services.