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Privacy Policy

The Carlsberg group understands that the security of your personal data is extremely important and it is committed to respecting your privacy and safeguarding your personal data.

This privacy policy sets out how Carlsberg Brewery Malaysia Berhad and Carlsberg Marketing Sdn. Bhd (Carlsberg, we, us, our) uses your personal data and the measures it has put in place to protect your information and keep it secure.

This privacy policy applies to you if you purchase goods from us, receive services from us, participate in our events or promotions or otherwise interact with us, including by using any of our websites or by interacting with us via social media.

Please take a moment to review this policy in detail (together with our cookies policy and terms of use , and any other documents referred to in them, if you are using one of our websites). If you are an existing customer of ours, further details about how we use your personal data may be set out in your contract with us. Further notices highlighting certain uses we wish to make of your personal data together with the ability to opt in or out of selected uses may also be provided when we collect personal data from you.

This privacy policy explains our privacy practices and covers the following areas:

What personal data we collect
What we do with your personal data
How we use cookies
Your use of chat rooms, message boards or other interactive forums
How we protect your personal data
Your rights and contacting us
Updates to this policy

What personal data we collect

We will collect and process some or all of the following personal data about you:

Information about you your name, address, email address, phone number, social media handle, gender, date of birth or photograph, or details of your employer and your position.
Information we collect about your participation in our promotions and competitions or attendance at our events information provided in your application forms, recordings you or we have made, details of your guests in connection with any promotions and competitions you have entered or won, or other information related to your attendance at events, including any dietary and access assistance requirements you may have
Information about your interests details of any hobbies or activities you undertake, details of your personal interests or taste or preference information, and the like, when voluntarily submitted by you.
Marketing preference information details of your marketing and communication preferences and information we collect to help us determine what products and services may be of interest to you
Information about your use of our chat rooms, message boards, social media pages or other interactive forums including any comments, photos, videos or other information that you post online
Survey information your responses to market surveys that we conduct
Our correspondence with you including any feedback, complaints and comments from you via telephone, email or social media, or records of any online, paper or in-person correspondence and interactions between us. If you have communicated with us by phone, we will collect details of the phone number used to call us, and any information collected via a call recording
Credit and anti-fraud information information relating to your financial situation, your creditworthiness or any criminal or fraudulent activities provided to us by you or third parties
Technical information including the Internet protocol (IP) address used to connect your computer to the Internet, or your login information, browser type and version, time zone setting, browser plug in types and versions, operating system and platform
Information about your visit to our websites including the full Uniform Resource Locators (URL) clickstream to, through and from our websites (including date and time), products you viewed or searched for, pages you accessed, page response times, download errors, lengths of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page

Sources of personal data

We collect much of the personal data that we hold about you directly from you or your interactions with us, our websites or social media sites. We may also receive your personal data from other sources, including business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, anti-fraud databases and other third party databases, including sanctions lists, and business information and research tools.

Sensitive personal data

Under data protection law, certain categories of personal data are considered particularly sensitive and, therefore, as needing additional protection. These categories include information about health, racial or ethnic origin, political opinions, religious beliefs, trade union membership or your sexual orientation, and genetic and biometric data and any other personal data as may determine by the Minister of Malaysia by order. Information concerning criminal convictions and offences is also viewed as sensitive under Malaysia and European data protection law.

In limited circumstances, we will collect and handle such sensitive personal data, for example, when we handle requests for special medical or access assistance or your specific dietary requirements in connection with your attendance at an event, which may indicate your religious beliefs, e.g. halal or kosher meal selections, or where we undertake certain background checks on you, which may disclose information about previous criminal convictions. We handle this sensitive personal data in compliance with applicable data protection laws, including as described further in the “What we do with your personal data” section below.

What we do with your personal data

Depending on how you interact with Carlsberg, we will use your personal data for the following purposes:

To provide and manage products and services you have requested To carry out our obligations arising from any contracts entered into between you and us, including to arrange delivery, to action or cancel orders, to provide you with the information, products and services that you request from us, and to notify you about changes to our products and services

Legal bases: contract performance, legitimate interests (to enable us to perform our obligations and provide products and services to you or to notify you about changes to our products and services)

To communicate effectively with you To respond to your questions, comments, complaints or other communications, including any queries relating to our products

Legal bases: legitimate interests (to allow us to correspond with you and provide products and services to you), legal claims

To monitor activities and record our correspondence with you To monitor our communications with you, including to ensure service quality, compliance with procedures and for training purposes

Legal bases: legitimate interests (to ensure the quality of our products and services)

To provide you with marketing materials To provide you with information by post, email, phone, SMS, or online or social media advertisement about products and services that we offer where such products or services are similar to those you have already purchased or enquired about, or where you have consented to being contacted for those purposes. We may also use your information for marketing selected business partners’ products and services. Where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing sent to you or you may opt out at any time by contacting us using the details set in the “Contact” section below.

Legal bases: consent, legitimate interests (to keep you updated with news in relation to our products and services)

To understand our customers, and to develop and tailor our products and services We may analyse the personal data that we hold in order to measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you. We may report aggregate information to our advertisers, and make suggestions and recommendations to you, our customers and users of our websites about products or services that may interest you or them

Legal bases: legitimate interests (to ensure the quality of our products and services, allow us to improve our products and services, and provide you with the content and services on our websites)

To run our promotions and competitions Where you are participating in promotions and competitions, to run such promotions and competitions, including to notify you if you have won. If you win a prize, in accordance with local law, we may make your personal data and your guests’ personal data available on our websites and social media pages and in press releases. We may also make these details available to third parties who may need this information for prize fulfilment purposes

Legal bases: legal obligations, contract performance, legitimate interests (in order to successfully run our promotions and events)

To run our events If you attend an event organised or otherwise supported by us, we may use your personal data, including specific dietary requirements, health information and access assistance, in connection with the running of the event

Legal bases: legitimate interests (to allow us to run our events, and to cater for and accommodate your specific preferences and requirements during our events), explicit consent (if required)

In relation to fraud prevention We and other organisations may access and use certain information to prevent fraud as may be required by applicable law and regulation, and best practice, at any given time. If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies and other organisations, and may be recorded by us or them

Legal bases: legal obligations, legitimate interests (to ensure that you fall within our acceptable risk profile and to assist with the prevention of crime and fraud), substantial public interest

To conduct certain checks on you, such as credit checks If you are a customer or prospective customer, we may use your personal data to conduct certain checks in relation to you (and or your business). In connection with this purpose, we may disclose your details to the relevant authorities including credit reference agencies, government agencies and fraud prevention agencies. Law enforcement agencies may access and use this information. We, and other organisations that access and use information recorded by such agencies, may do so from countries other than the country in which you are based

Legal bases: legal obligation, legal claims, substantial public interests, legitimate interests (to assist with the prevention of crime and fraud)

To improve and administer our websites, and to ensure that content is relevant To ensure that only adults of legal drinking age view and interact with our websites; to improve our websites and ensure that content is presented in the most effective manner for you and your computer; to administer our websites and for internal operations, including troubleshooting, data analysis (including traffic data analysis), testing, and research, statistical and survey purposes; to allow you to participate in / register for interactive features of our service; as part of our efforts to keep our websites safe and secure; to ensure that content from our websites is presented in the most effective manner for you and for your device, which may include passing your data to business partners, service providers, and analytics and search engine providers

Legal bases: legitimate interests (to allow us to administer our websites and to provide you with the content and services on our websites), legal obligation

To reorganise or make changes to our business In the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organisation, we may need to transfer some or all of your personal data to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analysing any proposed sale or re-organisation. We may also need to transfer your personal data to that re-organised entity or third party after the sale or reorganisation for them to use for the same purposes as set out in this privacy policy

Legal bases: legitimate interests (in order to allow us to change our business), legal obligation

To comply with legal and regulatory obligations We may process your personal data to comply with our legal and regulatory requirements, which may include disclosing your personal data to third parties, including insurers, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so

Legal bases: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities)

If you have any questions about the legal bases we rely on, please contact us using the details set outin the “Contact” section below.

Disclosure of your information

In addition to the third parties mentioned above, we may also disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who may use it in connection with any of the purposes set out above. We will also share your personal data with third party service providers (such as providers of marketing, IT or administrative services) who may process it on our behalf for any of the purposes set out above.

We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in a particular location). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.

How we use "cookies"?

Our websites use cookies to distinguish you from other users. They help us to provide you with a good experience when you browse our websites and ensure that the content is relevant to you. To find out more about how we use cookies, please visit our Cookies Policy at https://www.probablythebest.com.my/cookie/.

Your use of chat rooms, message boards or other interactive forums

We offer chat rooms, message or bulletin boards, or interactive areas where visitors may post comments or information for our visitors' enjoyment. If you participate in a chat room, bulletin or message board, or other interactive area where personal data may be posted on our websites, in addition to reading this privacy policy be sure to check our chat room rules before entering, as you will be bound by them. As you know, anything you post online is available for the world to see. We make no representations and undertake no obligations as to information you voluntarily post.

How we protect your personal data

Where is your personal data stored?

The data that we collect from you may be transferred to, and stored at, a destination outside Malaysia. It may also be processed by staff operating outside Malaysia who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details or the provision of support services.

How long is your personal data stored for?

The personal data that we hold about you will not be kept for longer than is permitted by law and will only be kept for as long as necessary to provide you with any requested products, services or information, or for any other purpose set out under the heading “What do we do with the information” above.

For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired, or to comply with regulatory requirements regarding the retention of such data.

Disclosure of your information outside Malaysia

Where we transfer personal data from inside Malaysia to outside Malaysia, we may be required to take specific additional measures to safeguard the relevant personal data. Certain countries outside Malaysia have been approved by the European Commission and Department of Personal Data Protection as providing essentially equivalent protections to EEA and Malaysia data protection laws and, therefore, no additional safeguards are required to export personal data to these jurisdictions. In countries that have not had these approvals, we will use appropriate safeguards to protect any personal data from being transferred, such as EU Commission-approved model contractual clauses or binding corporate rules permitted by applicable legal requirements.

Please contact us using the details set out in the “Contact” section below if you would like to see a copy of the specific safeguards applied to the export of your personal data.

What do we do to safeguard personal data?

We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, 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 to our websites - any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

What about links to other sites?

Our websites and social media fan pages may, from time to time, contain links to and from the websites of our partner networks, affiliates and other third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Your rights and contacting us

Marketing

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you or collect your consent (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data or clicking unsubscribe at the bottom of the emails we send to you for marketing purposes. You can also exercise the right at any time by contacting us at info@probablythebest.com.my.

Updating information

We will use reasonable endeavours to ensure that your personal data is accurate. In order to assist us with this, you should notify us of any changes to the personal data that you have provided to us by contacting us using the details set out in the “Contact” section below.

Your rights

If you are based in Malaysia during your interactions with us, under certain conditions, you may have the right to require us to:

provide you with further details on how we use and process your personal data;
provide you with a copy of the personal data that we hold about you;
rectify inaccuracies in the personal data and complete any incomplete personal data that we process about you;
delete personal data we no longer have grounds to process; and
restrict how we process your personal data whilst we consider an inquiry you have raised.

In addition, under certain conditions, you have the right to:

where processing is based on consent, withdraw the consent;
ask us to transmit the personal data you have provided to us and that we still hold about you to a third party electronically;
object to any processing of personal data that we process on the “legitimate interests” or “public interests” grounds, unless our reasons for the underlying processing outweigh your interests, rights and freedoms; and
object to direct marketing (including any profiling for such purposes) at any time.

These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege), and may not all be available in the country in which you are based.

If you have the right to do so, you can exercise these rights by contacting us using the details set out in the “Contact” section below.

If you are not satisfied with our use of your personal information or our response to any exercise of these rights you have the right to complain to the Department of Personal Data Protection.

Contact

Our nominated representative for the purpose of Malaysia data protection laws is [insert full name of the nominated representative and its registered office address.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to pearl.lai@carlsberg.asia.

Updates to this policy

Any changes we may make to this privacy policy will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to this privacy policy.

Legal bases for use of personal data

These are the principal legal grounds that justify our use of your personal data:

Consent: where you have consented to our use of your information (you will have been presented with a consent form in relation to any such use and may withdraw your consent by the means stated in this privacy policy.

Contract performance: where your information is necessary to enter into or perform our contract with you.

Legal obligation: where we need to use your information to comply with our legal obligations.

Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.

These are the principal legal bases that we typically use to justify our use of Special Categories of your Personal Data and Criminal Convictions Data:

Legal claims: where your information is necessary for us to establish, defend, prosecute or make a claim against you, us or a third party.

In the substantial public interest: processing is necessary for reasons of substantial public interest, on the basis of EU or local law.

Explicit consent: you have given your explicit consent to the processing of the personal data for one or more specified purposes. You are free to withdraw your consent by contacting us as set out in the “Contact” section of the above notice. If you do so, we may be unable to provide our products or services that require the use of such data.

This privacy policy was last updated in May 2018.

Terms of Use

Carlsberg believes that our beer brands are there to offer consumers refreshment and responsible enjoyment. They should be consumed responsibly by adults and misuse should be avoided.

Introduction

carlsbergmalaysia.com.my and www.probablythebest.com.my is operated by Carlsberg Brewery Malaysia Berhad and Carlsberg Marketing Sdn. Bhd (we, us, our). We are registered in Malaysia under 9210K and 140534-M and have our registered office at No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia. From time to time our affiliates may operate or contribute to this Site. Our affiliates are any of our subsidiary or holding companies, and any subsidiary of any such holding company.

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our Site, whether as a guest or a registered user. Use of our Site includes accessing, browsing or registering to use our Site.

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you also read our privacy policy and cookies policy and print a copy of this document for future reference.

By accessing and using our Site you are indicating your acceptance to be bound by these terms of use and that you agree to comply with them. They are a legal agreement between you and us that can only be amended with our consent. They should be read in conjunction with the other applicable terms below, and any details provided on our Site about how our Site operates and the services which are available.

If you do not agree to these terms of use, please stop using our Site immediately.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our Site:

Our privacy policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. You warrant that all data provided by you to us is accurate.
Our cookies policy, which gives information about the cookies on our Site. By using our Site, you consent to the use of cookies on our Site.
Our acceptable use policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site you must comply with this acceptable use policy.

Changes to our terms and Site

We reserve the right to change these terms of use from time to time without prior notice by changing them on our Site. Please check this page from time to time and take notice of any changes we make, as they are binding you.

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Accessing our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available uninterrupted or error free. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site. You also understand that we cannot and do not guarantee or warrant that any content of our Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our Site is directed to people residing in Malaysia. We do not represent that content available on or through our Site is appropriate or available in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside Malaysia, you do so at your own risk.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to or interfere with the proper working of our Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our Site or any computer system, server, router or any other internet connected device. From time to time, we may restrict access to some features or parts of our Site, or the entire Site.

Registration

Where you are asked to complete a registration form or provide other information the details that you provide must be true, accurate and complete. Please inform us promptly of any changes to the information that you provide.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at :

Carlsberg Brewery Malaysia Berhad, No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: pearl.lai@carlsberg.asia.
Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: info@probablythebest.com.my.

Intellectual property rights

Unless indicated to the contrary, we are the owner or licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We are the owner or licensee of the trade marks appearing on our Site and all associated trade names, logos and devices unless indicated to the contrary.

You may print off one copy and may download extracts or materials from our Site for your personal use only and any copied material must include all copyright or other proprietary notices appearing on it. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

No right, title or interest in any downloaded materials or software is transferred to you by such downloading or copying. You may not make any other use of material on our Site (including reproductions except as above, publication, alteration or distribution) without our prior written permission.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Accuracy of information

The information on our Site is provided for general information only. We will use reasonable endeavours to ensure that information on our Site is accurate, but content, commentary, reviews and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

We make no representations, or warranties or guarantees, whether express or implied, that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information. If you find any inaccurate information on our Site please contact us at Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: info@probablythebest.com.my and we will endeavour to correct it, where we agree, as soon as reasonably practicable.

Reviews

Any opinions or reviews posted on our Site are the responsibility of their authors and are in no way an expression of our views. We make no warranties or representations, express or implied, about any such opinions or reviews, including as to their legality or accuracy, and we disclaim all liability in connection with them to the fullest extent permitted by law.

Competitions

Any competition conducted or promoted on our Site shall be governed by the terms and conditions specific to such competition.

Links to this and other websites

We may from time to time provide links that will enable you to access the websites of third parties directly from our Site. Such third party sites are not under our control and, unless otherwise stated, no contribution is made by us to the content of such websites. When you click through to these sites you leave the area controlled by us, so we cannot, therefore, accept responsibility for any issues arising in connection with either the third parties' use of your data, our sites’ content, or the products or services offered to you by these sites.

We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on our Site.

Our liability

Although we hope our Site will be of interest to users, we exclude all conditions, warranties and representations or other terms which may apply to our Site or any content on it, whether express or implied, to the extent permitted by law. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Site; or
use of or reliance on any content displayed on our Site.

If you using our site as a consumer, we shall not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity and shall only be liable for any losses which are reasonably foreseeable.

If you are using our site as a business user, in no event shall we be liable to you for any:

loss of profits, sales, businesses, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to you downloading any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Uploading content to our Site

Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our acceptable use policy: https://www.probablythebest.com.my/#!overview/4699-terms-of-use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next section (Rights you licence).

We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy: https://www.probablythebest.com.my/#!overview/4699-terms-of-use.

The views expressed by other users on our Site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Rights you licence

When you upload or post content to our Site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, prepare derivative works of, display and perform that user generated content in connection with the service provided by our Site and across various media including the promotion of this Site.

Accessibility

We recognise the need for this Site to be accessible and easy to use regardless of technology or ability.

Whilst we aspire to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of our Site. Content provided by our third party partners and Site users may not adhere to such guidelines and standards.

We are constantly looking to improve the level of accessibility and usability of our Site. If you find something that needs improvement or have difficulty in using this Site please let us know.

General

Any formal legal notices should be sent to us at our registered office above and marked for the attention of the Senior Manager, Legal and Company Secretarial.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these terms of use.

If any part of these terms of use is found to be unenforceable as a matter of law, all other parts of these terms of use shall be unaffected and shall remain in force.

If you are a consumer, please note that these terms of use, its subject matter and its formation are governed by Malaysia law. You and we both agree to that the courts of Malaysia will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Malaysia law. We both agree to the exclusive jurisdiction of the courts of Malaysia.

Contact us

If you experience problems with our Site or would like to comment on it, please feel free to at Carlsberg Marketing Sdn. Bhd., No. 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia, Phone: +603- 55226688 Fax: +603-55190190, Email: info@probablythebest.com.my.

Updates

These terms of use were last updated in May 2018.

Legal Notice

Acceptable Use Policy

This website www.probablythebest.com.my is operated by Carlsberg Marketing Sdn. Bhd(we, us, our). This acceptable use policy sets out the terms between you and us under which you may access our Site. This acceptable use policy applies to all users of, and visitors to, our Site.

Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of use, privacy policy and cookies policy.

We are registered in Malaysia with the company number 140534-M and we have our registered office at No 55 Persiaran Selangor, Seksyen 15, 40200 Shah Alam, Selangor Darul Ehsan, Malaysia. From time to time our affiliates may operate or contribute to our Site. Our affiliates are any of our subsidiary or holding companies, and any subsidiary of any such holding company.

Prohibited uses

You may use our Site only for lawful purposes. You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, or send or upload any material, that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of use: https://www.probablythebest.com.my/#!overview/4699-terms-of-use
Not to access, without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment, network or software owned or used by any third party.
Not to share any content on our Site with individuals who are under the legal drinking age in the country in which they reside.

Interactive services

We may from time to time provide interactive services on our Site including, without limitation:

Chat rooms.
Bulletin boards.
Competitions

(Interactive Services).

Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for usersfrom third parties when they use any Interactive Service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our Site (Contributions), and to any Interactive Services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution, as well as to its whole, and are in addition to any terms or requirements provided at the point of submission.

Contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in Malaysia and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Promote irresponsible handling or use of alcohol.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our absolute and sole discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.

Updated 25 May 2018

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