TERMS AND CONDITIONS

This agreement is entered into by and between  The Art of Living Malaysia  and you as user of this website and potential participant in one or more programs of learning administered by the Organization (the “program” or “programs”), or, for our applicable programs for children, you as parent or guardian of a child under the age of 18 (also referred to as a “minor”), on behalf of such child or minor.

If you are a parent or guardian entering into this agreement on behalf of a child or minor, all references to the first person, e.g. “I”, “me”, “my”, etc., or to the “participant”, shall be applicable to such child or minor (except with respect to the reference to minimum age, which is applicable to you only) and you agree by accepting this agreement and using this website that you will ensure the child or minor is made aware of and understands these terms and conditions, and that you are personally responsible for ensuring obligations herein are adhered to by the child or minor.

Additional terms may apply for our programs and where applicable will be included in the registration form or such other means of communication as may be issued to you by the Organization via email, SMS or other messaging platforms.

I understand that any benefits derived from this program depends upon the extent of my participation. I accept full responsibility for the outcome of taking the program and I willingly agree to follow all instructions and participate fully.

I will not disclose the content of the program to anyone. I will not attempt to instruct others in the techniques used in the program unless and until I have received the relevant Organization teacher training manual and have been certified by the Organization to teach this program.

I acknowledge that access to all online paid content or any part thereof of the program made available through my account is limited to 3 device(s) only. I understand that at any point of time, only one device from the available 3 device(s) can be used to access the content or any part thereof of the program made available through my account. Any attempt to gain access to all content or any part thereof of the program through my account on more than 3 device(s) will entitle the Organization to terminate my account or deny me access to the aforesaid content of the program altogether and / or hold me liable for unauthorized access under the applicable law.

I acknowledge that I am not authorized to release the contents of any programs or any parts thereof provided to me online, electronically or in person by the Organization and/or another program participant to any 3rd party without the prior written authorization of the Organization. I confirm that the Organization’s techniques, course material, course format and exercises constitute private and confidential information and I will neither (1) share this information with or teach this information to others except with the prior written permission of the Organization, nor (2) practice the techniques and exercises outside of the Organization program environment except as otherwise instructed by a certified teacher of the Organization.   I further acknowledge that contents of the programs as well as the course material provided to me before, during or after the program constitute the intellectual property of the Organization, which is protected worldwide by the relevant copyright law and other applicable intellectual property laws, and that I may be liable under applicable law for any unlawful use, disclosure, copying, recording, modification or creation of derivative works of such contents except as explicitly authorized by the Organization.

Notwithstanding anything stated to the contrary in the foregoing, nothing contained herein shall apply to any confidential information, program content or technique of Organization which is or subsequently becomes readily available to the public other than by breach by the receiving party of the undertakings in this Program Participation Agreement; or is approved for release by written authorization of the Organization.

I acknowledge that the program may be conducted by the Organization by utilizing 3rd party video conferencing, webcast, webinar or e-learning platforms (hereinafter collectively referred to as “Online Platforms”). I hereby confirm and acknowledge that I understand how to use the Online Platforms and the risk of using these platforms. I understand and agree that the Organization is not the proprietor or in any way responsible for the proper functioning and management of the Online Platforms being utilized. In view thereof, I agree not to hold the Organization liable or responsible for any breach of privacy policies or regulations under the relevant law, any security vulnerability or any unintended inherent flaw in the software code of the Online Platforms being utilized by the Organization.

I understand that any links or access codes shared with me for accessing the program via Online Platforms is limited to my personal use and I will not share them with any 3rd party (including other participants of the program). I shall also refrain from taking and/or sharing photographs and/or screenshots and/or video recordings of other participants during the program without obtaining their prior written consent.

I grant unrestricted rights to the Organization to use my image, name, voice and likeness for written, audio and/or visual presentations on behalf of the Organization.  I understand that the written, audio and/or visual presentations may be used in print, broadcast and online promotions to advance the purposes of the Organization around the world. If I wish to withhold or withdraw this grant of rights, I may do so by writing to the Organization at malaysia.helpdesk@artofliving.org.

This agreement is governed by the laws of Malaysia and shall be subject to the exclusive jurisdiction of the Courts in Malaysia. Any failure to enforce any provision of this agreement shall not constitute a waiver thereof or of any other provision hereof.

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Waiver of Liability, Assumption of Risk, Indemnity Agreement, and Release

As a condition for, and in consideration of the right to participate in any way in any program provided by the Organization (as defined above), I, for myself, my personal representatives, assigns, heirs, and next of kin acknowledge and agree as follows:

1. The nature of Organization programs requires me to be qualified, in good health, and in proper physical condition to participate in such programs.If, at any time, I believe or am advised that the conditions of an Organization program may be unsafe for me, I will immediately discontinue further participation.
2. Organization programs involve risk of personal injury which may be caused by my own actions or inactions, the actions or inactions of others participating in the programs, the conditions in which the programs take place, or the acts or omissions of others, and that there may be other risks or social and economic losses either not known to me or not readily foreseeable at this time (“Risks”);
3. I fully accept and assume all Risks and all responsibility for losses, costs, and damages I may incur as a result of my participation in Organization programs.

I hereby release, discharge, and covenant not to sue or hold responsible in any manner whatsoever, the Organization, its affiliates, administrators, directors, agents, officers, members, volunteers, and employees, other participants, officials, owners and lessees of premises on which the programs are conducted (the “Released Parties”), from all liability, claims, demands, losses, or damages on my account caused, or alleged to be caused, in whole or in part by the acts, omissions or negligence of any of the Released Parties and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of them from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.

By agreeing to this Waiver, I acknowledge that I am at least 18 years of age, have carefully read and fully understand this waiver of liability, assumption of risk, indemnity agreement and release, understand that I have given up substantial rights by agreeing to this waiver, have agreed to it freely and without any inducement or assurance of any nature, and intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.

PRIVACY POLICY
 

I. INTRODUCTION

The Organization (as defined above) understands that your privacy is important to you and that you care about how your information is used and shared. We respect and value the privacy of everyone who visits our website and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and our obligations under applicable law.

This Privacy Policy applies to our use of any and all data collected by us in relation to your use of our website. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first visit to our website. If you do not accept and agree to this Privacy Policy, you must stop using our website immediately.

II. PURPOSE

The Organization is committed to international compliance with data protection laws. This Privacy Policy applies worldwide to the Organization and is based on globally accepted, basic principles of data protection. The Privacy Policy provides one of the necessary framework conditions for cross-border data transmission among the Organization.

III. APPLICATION OF NATIONAL LAWS

This Privacy Policy comprises the internationally accepted data privacy principles without replacing the existing national laws. It supplements the national data privacy laws. The relevant national law will take precedence in the event that it conflicts with this Privacy Policy, or it has stricter requirements than this Privacy Policy. The content of this Privacy Policy will be observed in the absence of corresponding national legislation. In the event of conflicts between national legislation and the Privacy Policy, the Organization will work to find a practical solution that meets the purpose of the Privacy Policy.

IV. SCOPE

This Privacy Policy applies only to your use of our website. It does not extend to any websites that are linked to from our website (whether we provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

Our website is not intended for individuals under 18 years of age, without the valid consent of their parent or guardian. If we learn that we have collected or received personal information from an individual under age 18 without verification of legal guardian or parental consent, we will delete that information. If you believe that we might have any information from or about a child under age 18, please contact us at malaysia.helpdesk@artofliving.org.

V. DATA COLLECTION

Some data will be collected automatically by our website, other data will only be collected if you voluntarily submit it and consent to us using it for the purposes set out herein. Automatically collected data includes (1) Information about the browser type and version used; (2) your operating system; (3) your Internet service provider; (4) your IP address; (5) Date and time of access. In the event of abuse, we may block certain IP addresses.

VI. USE OF DATA

1. All personal data is stored securely in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
2. We use your data to provide the best possible services to you. This includes: (i) Providing and managing your account; (ii) Providing and managing your access to our website; (iii) Personalising and tailoring your experience on our website; (iv) Supplying our products and services to you; (v) Personalising and tailoring our products and services for you; (vi) Responding to communications from you; (vii) Supplying you with newsletters, alerts etc. via email, that you may have subscribed to and that you may unsubscribe or opt-out at any time by clicking on the unsubscribe link from such emails or from your account profile; (viii) Market research; (ix) Analysing your use of our website and gathering feedback to enable us to continually improve our website and your user experience; (x) Automated decision-making and profiling.
3. In some cases, the collection of data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you without your consent for us to be able to use such data.
4. With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you by email, telephone, text message, post and/or messaging services with information, news and offers on our products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the applicable relevant laws.
5. Advertisers whose content appears on our website may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity. Your activity is monitored using Cookies, as detailed in our Cookie Policy. Please note that we do not control the activities of such advertisers, nor the information they collect and use.
6. Legal basis: We will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies: (i) you have given consent to the processing of your personal data for one or more specific purposes; (ii) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract; (iii) processing is necessary for compliance with a legal obligation to which we are subject; (iv) processing is necessary to protect the vital interests of you or of another natural person; (v) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller and/or processing is necessary for the purposes of the legitimate interests pursued by us or by a 3rd party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
7. Sensitive Information: Sensitive information as defined under the relevant national data privacy laws, will be used by us only: (i) for the primary purpose for which it was obtained; (ii) for a secondary purpose that is directly related to the primary purpose; and/or (iii) with your consent; or where required or authorized by applicable law.

VII. STORAGE OF DATA

1. We only keep your data for as long as we need to in order to use it as described t.in the above section (Use of Data), and/or for as long as we have your permission to keep it. In any event, we will conduct an annual review to ascertain whether we need to keep your data. Your data will be deleted if we no longer need it for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your data.
2. Some or all of your data may be stored or transferred outside of your country of domicile You accept and agree to this by using our website and submitting information to us. If we do store or transfer data outside of your country of domicile, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within your country of domicile.
3. Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our website.

Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting data to us via the internet.

VIII. SHARING OF DATA

1. We may share your data within the Organization and we may contract with 3rd parties to supply products and services to you on our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the 3rd parties may require access to some or all of your data. Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the 3rd party under applicable relevant law.
2. We may compile statistics about the use of our website including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymized and will not include any personally identifying information. We may from time to time share such data with 3rd parties. Data will only be shared and used within the bounds of the law.

In certain circumstances, we may be legally required to share certain data held by us, which may include your personal information, for example, where we are involved in legal proceedings, where we are complying with the requirements of legislation, a court order, or a governmental authority. we do not require any further consent from you in order to share your data in such circumstances and will comply as required by any legally binding request that is made of us.

IX. USER OPTIONS

1. When you submit information via our website, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails and by managing your account preferences).
2. you may also wish to sign up to one or more of the preference services operating in your country. These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receive.
3. It is important to us that your data is up to date. We will take reasonable steps to make sure that your data is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

X. RIGHT TO WITHDRAW INFORMATION

1. You may access certain areas of our website without providing any data at all. However, to use all features and functions available on our website you may be required to submit or allow for the collection of certain data.
2. You may restrict your internet browser’s use of Cookies. For more information, see our Cookie Policy.
3. You may withdraw your consent for us to use your personal data at any time by deleting your account or by contacting us using the details set out herein below, and we will delete your data from our systems. However, you acknowledge this may limit our ability to provide the best possible products and services to you.

XI. ACCESS TO DATA

You may access your personal data we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your personal data, please access it through your account.

On request by you, we will not charge any fee for your access request but may charge an administrative fee for providing a copy of your personal data, unless otherwise requested by you, the information shall be provided in a commonly used electronic form.
In order to protect your personal data, we may require identification from you before releasing the requested information.

XII. SUMMARY RIGHTS

You have the right to: (i) request access to, deletion of or correction of, your personal data held by us; (ii) complain to a supervisory authority; (iii) be informed of what data processing is taking place; (iii) restrict processing; (iv) data portability; (v) object the processing of your personal data; (vi) automated decision-making and profiling.

To enforce any of the foregoing rights or if you have any other questions about our website or this Privacy Policy, please contact us using the details set out herein below.

XIII. AUTOMATED DECISION-MAKING AND PROFILING

1. In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge such decisions, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
2. The right described in the section above does not apply in the following circumstances: (i) the decision is necessary for the entry into, or performance of, a contract between you and us; (ii) the decision is authorized by law; or (iii) you have given your explicit consent.
3. Where we use your personal data for profiling purposes, the following shall apply: (i) clear information explaining the profiling will be provided, including its significance and the likely consequences; (ii) appropriate mathematical or statistical procedures will be used; (iii) technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and (iv) all personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

XIV. CONTACT US

If you have any questions about our website or this Privacy Policy, please contact us by email at malaysia.helpdesk@artofliving.org. Please ensure that your query is clear, particularly if it is a request for information about the data we hold about you.

XV. CHANGES TO THE PRIVACY POLICY

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on our website and you will be deemed to have accepted the terms of the Privacy Policy on your first use of our website following the alterations. We recommend that you check this page regularly to keep up-to-date.

XVI. LANGUAGE

This Privacy Policy was prepared and written in English. Any non-English translations of this Privacy Policy which may be made available are provided for convenience only and are not legally binding.

XVII. APPLICABLE FOR PERSONS FROM THE EUROPEAN ECONOMIC AREA

1. Legal Framework
   
   It has been concluded by the European Commission that particular countries outside of the European Economic Area (the “EEA” which consists of all European Union member states, plus Norway, Iceland, and Liechtenstein) require to adequately protect personal data. This can be reviewed under European Commission adequacy decision. Where data is being transferred from the EEA to other countries, we shall comply with legal frameworks that ascertain an equivalent level of protection with European Union law.
    
2. EU-US and Swiss-US Privacy Shield frameworks
   
   We shall comply with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland, respectively.
    
3. Model Contract Clauses
   
   The Organization shares personal information within the Organization and to other trusted businesses or persons to process it for us, based on our guidelines and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. Your information may be transferred, or stored and processed in other countries outside of where you live for the purposes as described in this Privacy Policy. These data transfers are necessary to provide the services to you and to globally operate and provide our products to you. We utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to other countries.
    

Last updated 28th May, 2020