CLEA | Legal Notes

CLEA Legal Notes

Terms of use

Introduction
1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and CLEA Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and CLEA (as defined). The Agreement applies to your use of CLEA Sites (as defined) and the Service (as defined) provided by CLEA. If you do not agree to the Terms of Use, you shall not, or shall immediately cease accessing and using CLEA Sites and/or the Service.
2. CLEA may amend the terms in the Agreement at any time to account for changes in applicable laws and regulations. Such amendments shall be effective once they are posted on CLEA Sites. It is your responsibility to review the Terms of Use if we have amended the Terms of Use since you last used CLEA Sites and/or the Service. Your continued use of CLEA Sites and/or the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
3. CLEA is a technology company which provides a platform to facilitate User (as defined) to obtain Solution (as defined) provided by Third Party Provider (as defined). CLEA’s role is merely to link the User with such Third Party Provider. CLEA is not responsible for the acts and/or omissions of any Third Party Provider, and any liability in relation to such Solution shall be borne by the Third Party Provider. Third Party Provider shall not represent to be an agent, employee, or staff of CLEA and the Solution provided by Third Party Provider shall not be deemed to be provided by CLEA.
Definitions
In these Terms of Use, the following words shall have the meanings ascribed below:
1. “Application” means the relevant mobile application(s) made available for download by CLEA (or its licensors) to User and Third Party Provider respectively;
2. “CLEA” means:
  1. CLEA Technology Sdn Bhd; and
  2. the relevant subsidiary, affiliate, associated company of CLEA Technology Sdn ;
3. “CLEA Policies” means the following:
  1. the Privacy Policy; and
  2. all other forms, letters, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
4. “CLEA Sites” means the Application, Platform and/or Software provided by CLEA (or its licensors);
5. “Covid” means the Coronavirus disease (COVID-19) is an infectious disease caused by the SARS-CoV-2 ;
6. “Force Majeure” means any circumstances beyond the reasonable control of you and CLEA which shall include, without limitation, pandemic, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority of whatever nature and for whatever cause arising.
7. “Healthcare Provider” means private medical clinic and/or private hospital which are duly licensed as required by the Private Healthcare Facilities and Services Act (1998), registered medical practitioner, registered nurse, medical assistant, and/or any other person involved in the giving of medical and healthcare services and have obtained appropriate permits, licenses and/or approvals from the appropriate authority to provide healthcare services in ;
8. “In-App Credit“ means a mechanism stored and displayed in your user account with an amount equivalent to the sum of money paid by you through the method made available to you on CLEA Sites. In-App Credit shall only be used on CLEA Sites for the Service provided by CLEA and/or Solution provided by the Third Party Provider.
9. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, email address, your image, video capturing your image/motion undergoing Virtual CLEA Screening alongside with registered Covid RTK homes test kit, health and other health related data national registration identification card number, passport number, postal address, age, mobile number, SOCSO details, employment details, biometric data, race, date of birth, marital status, religion;
10. “Platform” means the relevant CLEA technology platform, portal, or website that, when used in conjunction with the Application, enables Users to request or access to Solution;
11. “Privacy Policy” means our privacy policy accessible https://www.cleadigital.com/legalnote as amended from time to time;
12. “Service” means the linking of User to Third Party Provider and/or other Users through CLEA Sites;
13. “Software” means any software associated with the Application which is supplied made available for download and installation by CLEA;
14. “Solution” means the Virtual CLEA Screening Service which is made available to User through the Service and any such other services which CLEA may make available from time to time;
15. “Third Party Provider” means the independent Healthcare Provider who has chosen to use CLEA Sites to provide the Solution to User through CLEA’s Service. For avoidance of doubt, Third Party Provider is not an employee or otherwise acting on behalf of CLEA in providing the Virtual CLEA Screening Service;
16. “User” means any person who uses the Application, Platform and/or Software to obtain the ;
17. “User Charges” mean charges incurred by User for the Solution obtained through the use of the Service, including but not limited to any applicable taxes; and
18. “Virtual CLEA Screening Service” means health screening service in relation to Covid, delivered through interactive text, image, audio and/or video, where the User and the Third Party Provider are not in the same physical location.
Representations, Warranties and Undertakings
1. You represent and warrant to CLEA and acknowledge that CLEA is relying on your representations and warranties that:
2. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. The usage of CLEA Sites is only accessible to minors or medically/mentally/legally incompetent person who possess legal parental/ guardian consent or legal spouse/parent/relatives or who are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
3. You will provide accurate, current, and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current, and complete at all times during the term of the Agreement. You agree that CLEA may rely on your information as accurate, current, and complete. You acknowledge that if your information is untrue, inaccurate, not current, or incomplete in any respect, CLEA has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
4. You will only use CLEA Sites for their intended and lawful purposes;
5. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
6. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
7. You will not try to interrupt or harm the CLEA Sites and/or the Service in any way;
8. You will not attempt to commercially exploit any part of CLEA Sites without our permission, including without limitation modify any of CLEA Sites’ content in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose without our permission;
9. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity without our permission;
10. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
11. You agree to strictly adhere to the requirements, steps and/or procedures outlined on CLEA Sites in preparing and/or undergoing Virtual CLEA Screening (including but not limited to the use a new Covid RTK homes test kit which is registered with Malaysia Medical Device Authority for each new session of );
12. You will not use CLEA Sites for sending or storing any unlawful material or for fraudulent purposes;
13. You will not use CLEA Sites to cause nuisance or behave in an inappropriate or disrespectful manner towards CLEA or any third party;
14. You agree to use In-App Credit for its intended and lawful purposes, including but not limited for the provision of the Service and Solution;
15. You will not transfer In-App Credit to other User without permission from CLEA;
16. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
17. You will not copy and/or distribute the Software or other content on CLEA Sites without written permission from CLEA;
18. You will only use an access point or data account which you are authorized to use;
19. You agree that the Service is provided on a reasonable effort basis;
20. You agree that your use of the Service will be subject to CLEA Policies;
21. You shall not contact Third Party Provider in relation to the Service, Solution and/or any other purposes without prior consent from CLEA;
22. You agree that CLEA may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account;
23. You agree to assist CLEA with any internal or external investigations as may be required by CLEA in complying with any prevailing laws or regulations in place;
24. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, CLEA or any other party as a result of your breach of this Agreement; and
25. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud CLEA or to disrupt the natural functions of the CLEA Sites.
Compatibility
1. Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with CLEA Sites. While we continuously develop CLEA Sites in order to, as far as possible, support all commonly used devices and models in markets and all browsers where CLEA Sites is likely to be accessed from, we do not warrant compatibility of CLEA Sites with specific mobile devices or other hardware.
Payments and Refund
1. You are required to make full payment of the User Charges for Service and Solution on CLEA Sites through the method made available to you unless such User Charges are payable by third parties including but not limited to your employer.
2. Pay-per-use option. CLEA requires you to top up In-App Credit on CLEA Sites through method made available to prior to your request for the provision of the Service and/or Solution. You shall pay the User Charges by using the In-App Credit at the time you request for the Service and Solution. You will not be able to begin accessing to the Service and Solution through CLEA Sites if the in-store credit is insufficient. In-App Credit shall only be used on CLEA Sites for the Service provided by CLEA and the Solution provided by Third Party Provider.
3. In-App Credit, at CLEA’s sole discretion, will not be deducted for any incomplete Virtual Covid Screening Service. CLEA will at its sole discretion, refund the In-App Credit to your user account in the event of false completion of Virtual Covid Screening Service. The refunded In-App Credit shall be utilised for your next Virtual Covid Screening Service.
4. Third Party Payment/Coverage option. CLEA may permit a third party payer (including but not limited to employer) to pay the User Charges for the Service and Solution provided to a User or group of Users. In these circumstances, CLEA has a contract with the third party payer under which the third party payer discloses Personal Data of the User(s) for whom the third party payer will pay the User Charges for the Service and Solution. CLEA is not a party to and has no control over the agreement between any User and third party payer. Coverage by a third party payer does not release a User from the obligation to comply with these Terms of Use.
5. CLEA will inform User of any changes to or termination of their third party payment/coverage. User whose third party coverage is terminated may be given the option of continuing to use CLEA Sites under his/her existing account so long as he/she pays the User Charges.
6. CLEA will charge Third Party Provider a service fee for using CLEA Sites and/or the Service, which CLEA will deduct from the User Charges payable for the Solution, which accrue to Third Party Provider. CLEA shall facilitate payment of the User Charges to Third Party Provider.
7. Unless otherwise agreed by CLEA at its sole discretion, all payments made to top up In-App Credit through the method made available on CLEA Sites are non-refundable.
CLEA Rewards Programme and Promotions for
1. From time to time, CLEA may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on CLEA Sites (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on CLEA Sites. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. CLEA reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. CLEA reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.
Intellectual Property Ownership
1. CLEA and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to CLEA Sites and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not convey to you any rights of ownership in or related to the Service, the CLEA Sites, or any intellectual property rights owned by CLEA and/or its licensors. CLEA’s name, CLEA’s logo and the Third Party Provider’s logos and names associated with the CLEA Sites are trademarks of CLEA or third parties, and no right or license is granted to use them.
License Grant and Restrictions
1. CLEA and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the CLEA Sites to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by CLEA and/or its licensors.
2. You shall not:
  1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party CLEA Sites in any way;
  2. modify or make derivative works based on CLEA Sites;
  3. mirror or frame the CLEA Sites or any portion thereof;
  4. attempt to gain unauthorized access to or impair any aspect of CLEA Sites, or its related systems or networks;
  5. disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
  6. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  7. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
  8. remove any copyright, trademark or other proprietary rights notices contained on CLEA Sites; or
  9. use the CLEA Sites to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the CLEA Sites or the data contained therein; (e) attempt to gain unauthorized access to the CLEA Sites or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
Taxes
1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend CLEA to claim or verify any input tax credit, set off, rebate, or refund in respect of any taxes paid or payable in connection with the Service.
Confidentiality
1. You shall maintain in confidence all information and data relating to CLEA, its services, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of CLEA (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from CLEA, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without CLEA’s prior written consent, disclose such information to any third party nor use it for any other purpose.
2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
  1. was at the time of receipt already in your possession;
  2. is, or becomes in the future, public knowledge through no fault or omission on your part;
  3. was received from a third party having the right to disclose it; or
  4. is required to be disclosed by law.
Data Privacy and Personal Data Protection Policy
1. CLEA collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to the Service and its terms are made a part of this Agreement by this reference.
2. Where applicable, you agree and consent to CLEA, collecting, using, processing, and disclosing Personal Data as further described in our Privacy Policy at
Third Party Hyperlinks and Communications
1. We may include hyperlinks on CLEA Sites to other websites or resources including those operated by parties other than CLEA for your convenience. CLEA is not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources, and has no responsibility for or control over the terms of use or privacy policy of the operators of the external websites or resources. You agree that your access and view any such third party websites or resources at your own risk.
2. You agree and allow CLEA to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis.
Relationship of Parties
1. Access and usage of CLEA Sites, Service and/or Solution does not establish a doctor-patient relationship between the User and CLEA. CLEA does not assume a duty of care to the User.
2. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with CLEA.
Indemnification
1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold CLEA, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the CLEA Sites in your dealings with the Third Party Provider or other User (as the case may be) or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Provider or User arranged via the Service, and (d) your use or misuse of the Service and/or CLEA Sites.
Disclaimer of Warranties
1. CLEA Sites, its content and/or the Service are provided to you on an “as is” and “as available” basis. CLEA makes no representations or warranties of any kind, express or implied, in connection with CLEA Sites, the Service, and/or Terms of Use. Although we make reasonable efforts to keep CLEA Sites up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. We shall not be liable for any direct, indirect, or consequent loss arising from the modifications or amendments to CLEA Sites, the Service, and/or Terms of Use.
2. You agree that the content of CLEA Sites, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind. Reliance on any content provided on CLEA Sites is solely at your own risk. CLEA reserves the right to change or discontinue, at any time, any aspect or feature of CLEA Sites.
3. CLEA does not warrant and represent that it assesses or monitors the suitability, legality and ability of Third Party Provider and you expressly waive and release CLEA from any and all liability, claims or damages arising from or in any way related to the Third Party Provider.
4. CLEA makes no representation or warranty of any kind whatsoever, express, or implied, in respect of Solution provided by Third Party Provider. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Provider and shall have no recourse to CLEA in respect of the same.
Inherent Difficulties in Using Internet and Electronic Communications
1. CLEA Sites and/or the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including but not limited to the poor resolution of images and/or videos. Please ensure that you are equipped with proper video recording equipment, storage and/or internet connectivity as mentioned herein or is relevant for the Service and/or Solution you want to avail. CLEA is not responsible for any delays, damages or losses resulting from such problems.
Limitation of Liability
1. Unless otherwise stated, and to the fullest extent allowed by law, CLEA and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Service or Solution, including but not limited to:
2. loss, damage, or injury arising out of, or in any way connected with CLEA Sites and/or the Service; or
3. the use or inability to use CLEA Site and/or the Service.
4. Third Party Provider who provides Solution through CLEA Sites are independent Healthcare Provider responsible for the services provided to you, in compliance with the code of ethics, in accordance with the requirements applicable to the profession and professional licences, permits and/or approvals. CLEA does not influence or interfere with the practice of medicine by the Third Party Provider, nor does CLEA assume a duty of care to you. CLEA who promotes or connects you with the Third Party Provider shall not be held liable for any professional advice given, including but not limited to acts of omissions. Information obtained and dependence on such from the CLEA Sites is solely at your own risk.
5. Third Party Provider utilising the CLEA Sites assume full responsibility to ensure it is a private medical clinic and/or private hospital which is duly licensed as required by the Private Healthcare Facilities and Services Act (1998), registered medical practitioner, registered nurse, medical assistant, and/or any other person involved in the giving of medical and healthcare services and have obtained appropriate permits, licenses and/or approvals from the appropriate authority to provide healthcare services in Malaysia.
6. CLEA shall not be a party to disputes, or negotiations of disputes between you and Third Party Provider.
7. Third Party Provider is solely responsible for the Solution that he/she provides to you, including compliance with standards of care, record-keeping and other professional obligations and compliance with applicable law and regulations. No results can be guaranteed or assured in connection with the Solution. You understand, therefore, that by using the Service and/or Solution, your use of the Service and/or Solution is at your own risk.
8. Without limiting the generality of the preceding, under no circumstance will CLEA be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including professional negligence, personal injury, lost income, or lost data, related to, in connection with, or otherwise resulting from any use of CLEA Sites and/or the Service and/or the Solution provided by Third Party Provider.
Notice
1. CLEA may give notice through CLEA Sites, electronic mail to your email address in the records of CLEA, or by written communication sent by registered mail or pre-paid post to your postal address in the record of CLEA. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to CLEA (such notice shall be deemed given when received by CLEA) by letter sent by courier or registered mail to CLEA using the contact details as provided in the CLEA Sites.
Assignment
1. These Terms of Use are not assignable, transferable, or to be sublicensed by you except with CLEA’s prior written consent. CLEA may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Any purported assignment by you in violation of this section shall be void.
Dispute Resolution
1. This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service and/or Solution shall be submitted to the exclusive jurisdiction of the courts exercising jurisdiction in Malaysia for any legal proceedings in connection with this Agreement.
Severability
1. If any term of this Agreement is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining terms shall not be affected or impaired.
No Waiver
1. The failure of CLEA to enforce any right or any term of this Agreement shall not constitute a waiver of such rights or terms.
Entire Agreement
1. This Agreement comprises the entire agreement between you and CLEA and supersedes any prior or contemporaneous negotiations or discussions.
Suspension, Termination and Variation
1. CLEA may, without notice, at any time and for any reason, modify, suspend, or terminate your access to and use of the CLEA Sites, or any portion of the CLEA Sites (including but not limited to access to your account and/or the availability of the Service).
2. CLEA may, without notice, at any time and for any reason, interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of the Service), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
3. CLEA may, without notice, at any time and for any reason, modify or change any applicable CLEA Policies.
4. Upon termination of your account, CLEA will have no further obligation to provide you with access to CLEA Sites, except to the extent that CLEA has an obligation to provide you with access to your Virtual CLEA Screening results. CLEA shall not be required to compensate you for any suspension, termination and/or variation.
No Third Party Rights
1. This Agreement does not give rights to any third parties who are not party to this Agreement.

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Privacy Policy

This Privacy Policy describes how CLEA Technology Sdn Bhd, its respective subsidiaries, affiliates and/or associated companies (collectively “CLEA”, “we”, “us” or “our”) manages Personal Data (as defined) which is subject to the Malaysia Personal Data Protection Act 2010 (“the Act”).

By accessing and using CLEA’s mobile applications, websites, platforms and/or its related software (collectively, “CLEA Sites”), as well as services provided by CLEA and/or our healthcare provider (“Third Party Provider”) (collectively, “Services”), you agree and consent to CLEA, as well as its representatives and/or agents collecting, using, processing, and disclosing your Personal Data, and disclosing such Personal Data to our Third Party Provider and relevant third parties in the manner set forth in this Privacy Policy.

This Privacy Policy applies to our users, clients, agents, vendors, partners, contractors, healthcare providers and/or any other service providers (collectively “you”, “your” or “yours”).

PERSONAL DATA
1. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, email address, your image, video capturing your image/motion undergoing Virtual CLEA Screening service alongside with registered Covid RTK homes test kit, national registration identification card number, passport number, postal address, age, telephone number, mobile number, SOCSO details, employment details, biometric data, race, date of birth, marital status, religion, medical, health and other health related data.
COLLECTION OF PERSONAL DATA
1. We collect Personal Data about you in the ways listed below. We may also combine the collected Personal Data with other Personal Data in our possession.
2. Generally, we collect Personal Data in the following ways:
  1. when you complete a user profile or registration forms (including but not limited to your name, contact information and other identification information where needed);
  2. when you provide information to assess your eligibility to provide service as a healthcare provider (including but not limited to information related to your license, permit and/or approval as well as due diligence check results (as legally permissible));
  3. when you enter into any agreement or provide other documentation or information in respect of your interactions with us and/or when you use our Services and/or through operation of CLEA Sites;
  4. when you verify your identity through various means (including but not limited to submission of selfie images or independently verified payment card information);
  5. when you agree to undergo Virtual CLEA Screening with in-app audio and/or video recording features whereby your Personal Data may be captured through your interaction with us and/or our healthcare provider through in-app audio and/or video recording during the Virtual CLEA Screening (including but not limited to your image or voice or both);
  6. when you interact with us via CLEA Sites and/or our social media pages and/or participate in events organised by us (including but not limited to the pictures, audio files, or videos you may submit, which may include images of yourself);
  7. when your images are captured by us via CCTV cameras while you are within our premises, or via photographs or videos taken by us or our representatives when you attend our events; and/or
  8. when you submit your Personal Data to us for any other reasons.
3. Some of the Personal Data that we collect is sensitive in nature. This includes Personal Data pertaining to your race, national ID information, religious beliefs, background information (including financial and criminal records, where legally permissible), medical, health and other health related data, disability, and biometric data, as applicable. We collect this information only with your explicit consent and/or in strict compliance with applicable laws.
4. As a parent or legal guardian, please do not allow minors under your care to submit Personal Data to CLEA. In the event that such Personal Data of a minor is disclosed to CLEA, you hereby consent to the processing of the minor’s Personal Data and accept and agree to be bound by this Privacy Policy and take responsibility for his/her actions.
5. If you provide us with any Personal Data relating to a third party (including but not limited to information of your spouse, children, parents, and/or employees), by submitting such information to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.
6. You should ensure that all Personal Data submitted to us is complete, accurate, true, and correct. Failure on your part to do so may result in our inability to provide you with the Services you have requested and/or delays in providing you with Services you have requested.
7. For purposes such as detection and prevention of fraud, we may also collect your Personal Data without consent, by relying on exemptions provided by the applicable data privacy laws.
8. In certain circumstances, you may need to provide your Personal Data in order to comply with legal requirements or contractual obligations, or where it is necessary to conclude a contract. Failure to provide such Personal Data, under such circumstance, may constitute failure to comply with legal requirements or contractual obligations, or inability to conclude a contract with you, as the case may be.
USE OF PERSONAL DATA
1. CLEA may use, combine, and process your Personal Data for the following purposes (“Purposes”):
  1. providing you with Services;
  2. engaging you to provide Services;
  3. creating, administering, and updating your user account;
  4. conducting due diligence checks and risk assessments / analysis;
  5. verifying your identity and age (where necessary);
  6. validating your payments and Virtual CLEA Screening process;
  7. offering, obtaining, providing, facilitating, maintaining and/or financing solutions;
  8. protecting the security or integrity of the Services and any facilities or equipment used to make the Services available;
  9. enabling communications between user, other user and/or healthcare provider;
  10. enabling our healthcare provider to manage and allocate Virtual CLEA Screening resources;
  11. responding to, processing, and handling your queries, feedback, complaints, and requests;
  12. facilitating business asset transactions (which may extend to any mergers, acquisitions, and/or asset sales)
  13. matching any Personal Data held which relates to you for any of the purposes listed herein;
  14. monitoring or recording in-app screening and user-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
  15. in connection with any claims, actions, or proceedings (including but not limited to drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution), and/or protecting and enforcing our contractual and legal rights and obligations;
  16. preventing, detecting, and investigating crime and analysing and managing commercial risks;
  17. conducting any form of investigations including but not related to those relating to crime and prosecutions;
  18. meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on CLEA (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies, and conducting audit checks, due diligence, and investigations); and/or
  19. purposes which are reasonably related to the aforesaid.
2. Furthermore, where permitted under the Act, CLEA may also collect, use, and disclose your Personal Data for the following “Additional Purposes”:
  1. taking or filming photographs and videos for corporate publicity or marketing purposes, and featuring your photographs and/or testimonials in our articles and publicity materials;
  2. providing or marketing services and benefits to you, including promotions and/or service upgrades;
  3. organising roadshows and/or campaigns (including health talks and vaccination campaigns);
  4. matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision or offering of Services;
  5. sending you details of Services, health-related updates and information, either to our user generally, or which we have identified may be of interest to you;
  6. conducting market research, aggregating, and analysing user profiles and data to determine health-related patterns and trends, understanding, and analysing user behaviour, preferences, and demographics for us to offer you other products and services as well as special offers and marketing programmes which may be relevant to your preferences and profile; and/or
  7. purposes which are reasonably related to the aforesaid.
3. If you have provided us with your contact details and have indicated that you consent to receiving marketing or promotional information, we may use your Personal Data to market the Services, events and/or promotions. For instance, we may send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and notify, invite, and manage your participation in our events or activities.
4. You have a choice to withdraw your consent for receiving marketing or promotional materials/communication. You may contact us using the contact details found below.
5. Please note that even if you withdraw your consent for the receipt of marketing or promotional materials, we may still contact you for other purposes in relation to the services that you have requested or purchased from CLEA.
DISCLOSURE OF PERSONAL DATA
1. CLEA will take reasonable steps to protect your Personal Data against unauthorised disclosure. Subject to the provisions of any applicable law, your Personal Data may be disclosed, for the Purposes listed above (where applicable) to the following entities or parties:
  1. CLEA’s subsidiaries, associated companies, jointly controlled entities, and affiliates;
  2. third party clinics, hospitals, medical institutions, doctors, nurses and/or other medical assistant;
  3. owner of CLEA accounts that you may use (including but not limited to your employer when you use your employer’s CLEA corporate user account);
  4. external banks, credit card companies, other financial institutions, and their respective service providers;
  5. our professional advisers such as consultants, auditors, and lawyers;
  6. marketing partners and other service providers or business partners (including but not limited to cloud storage providers, data analytics providers, marketing partners and marketing platform providers, due diligence, and anti-money laundering service providers; service providers who perform identity verification services, research firms, including those performing surveys or research projects in partnership with CLEA or on CLEA’s behalf)
  7. relevant government ministries, regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority (including but not limited to Ministry of Health); and/or
  8. any other party to whom you authorise us to disclose your Personal Data to.
RETENTION OF PERSONAL DATA
1. We retain your Personal Data for the period necessary to fulfil the Purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law. Once your Personal Data is no longer necessary for the Services or Purposes, or we no longer have a legal or business purpose for retaining your Personal Data, we take steps to erase, destroy, anonymise, or prevent access or use of such Personal Data for any purpose other than compliance with this Privacy Policy, or for purposes of safety, security, fraud prevention and detection, in accordance with the requirements of applicable laws.
COOKIES AND THIRD PARTY SITES
1. When you visit or interact with CLEA Sites and/or use of Services, we and/or third parties may use cookies, web beacons, and other similar technologies for collecting and storing information to help provide you with a better, faster, and safer web experience.
2. The use of cookies (including but not limited to session cookies and persistent cookies), web beacons, and/or similar technologies (including but not limited to HTML5) (collectively, “Cookies”) by us on CLEA Sites has different functions. They are either necessary for the functioning of our Services, help us improve our performance, or serve to provide you with extra functionalities. They may also be used to deliver content that is more relevant to you and your interests, or to target advertising to you on or off CLEA Sites.
3. Cookies may transmit Personal Data about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use.
4. You may deactivate cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser. However, if you decline cookies or other similar technologies, you may not be able to take advantage of certain site features or services tools. For more information on how you can block, delete, or disable these technologies, please review your browser settings.
5. CLEA Sites may contain links to other websites operated by third parties. We are not responsible for the data protection practices of websites operated by third parties that are linked to CLEA Sites. We encourage you to learn about the data protection practices of such third party websites. Some of these third party websites may be co-branded with our logo or trade mark, even though they are not operated or maintained by Once you have left CLEA Sites, you should check the applicable Privacy Policy of the third party website to determine how they will handle any information they collect from you.
SECURITY OF PERSONAL DATA
1. We protect Personal Data against loss or theft, as well as unauthorized access, disclosure, copying, use or modification with security safeguards appropriate to the sensitivity of the Personal Data, regardless of the format in which it is held. We use various methods to safeguard Personal Data, including physical measures, technical tools, and/or organizational controls.
2. Online security is also a priority. CLEA incorporates security measures such as encryption and authentication tools to protect your Personal Data from unauthorized use. Firewalls are utilized to protect our servers and network from unauthorized users accessing and tampering with files and other information that we store.
3. We limit access to your Personal Data to our employees on a need to know basis. Those processing your Personal Data will only do so in an authorised manner and are required to treat your Personal Data with confidentiality.
4. Nevertheless, please understand that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through any online means, therefore, any transmission remains at your own risk.
YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA
1. In accordance with applicable laws and regulations, you may be entitled to:
  1. ask us about the processing of your Personal Data, including to be provided with a copy of your Personal Data;
  2. request the correction and/or deletion of your Personal Data;
  3. request the restriction of the processing of your Personal Data and/or object to that processing;
  4. withdraw your consent to the processing of your Personal Data (where we are processing your Personal Data based on your consent);
  5. request receipt or transmission to another organisation, in a machine-readable form, of the Personal Data that you have provided to us where we are using your Personal Data based on consent or performance of a contract; and/or
  6. complain to the relevant data privacy authority if your personal data privacy rights are violated, or if you have suffered as a result of unlawful processing of your Personal Data.
2. Where you are given the option to share your Personal Data with us, you can always choose not to do so. If we have requested your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.
3. However, choosing not to share your Personal Data with us or withdrawing your consent to our use of it could mean that we are unable to perform the actions necessary to achieve the Purposes or that you are unable to make use of the Services. After you have chosen to withdraw your consent, we may be able to continue to process your Personal Data to the extent required or otherwise permitted by applicable laws and regulations.
AMENDMENTS AND UPDATES
1. CLEA may modify, update, and/or amend the terms in this Privacy Policy at any time. Such amendments shall be posted on the website https://www.cleadigital.com/legalnote. It is your responsibility to review the Privacy Notice regularly. Your continued use of CLEA Sites and/or Services from CLEA or continuing to communicate or engage with CLEA following the modifications, updates, or amendments to this Privacy Policy, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
CONTACT US
1. CLEA has procedures in place in order to receive and respond to enquiries about our policies and practices relating to its handling of Personal Data. Any complaint or enquiry should be made in writing and addressed as shown below. If there are any questions or concerns regarding this Privacy Policy or the data collection practices outlined herein, please contact us as follows:
  CLEA Data Protection Officer
  c/o CLEA Technology Sdn Bhd
  B-5-19, Block B, Ativo Plaza, No.1, Jalan PJU 9/1,
  Damansara Avenue, Bandar Sri Damansara,
  Wilayah Persekutuan Kuala Lumpur, Malaysia.
  Email: support@cleacovid.com
2. You are reminded not to send via unencrypted means (such as email) sensitive information (including but not limited to passwords and credit card information)
3. Please note that if your Personal Data has been provided to us by a third party (including but not limited to your employer), you should contact that organisation or individual to make such queries, complaints, and access and correction requests to CLEA on your behalf.

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