TERMS OF USE

Welcome to the InsightAccess website (“Site”), owned and operated by CXS Analytics Sdn Bhd. Throughout these Terms of Use, “InsightAccess,” “we,” “us,” and “our” refer to CXS Analytics Sdn Bhd and its affiliates, along with their directors, officers, employees, agents, independent contractors, and representatives. Your use of this Site is subject to the following terms and conditions (“Terms of Use”), which you affirmatively accept by using the Site. Please read these Terms of Use carefully and ensure that you understand them before you use the Site.

We reserve the right to modify the contents of the Site at any time, including the features, availability, or operation of the Site, these Terms of Use, and/or any policy or notice posted on the Site. You agree to monitor the Site for any changes, and your continued use of the Site following the posting of any changes signifies your understanding of and agreement to such changes.
These Terms of Use limit the liability of InsightAccess and other persons and contain other important provisions. Please review them carefully.

Each time you use the Site, the then-current version of these Terms of Use will govern your use. Accordingly, when you use the Site, you should check the date of these Terms of Use and review any changes since the last version.

ABILITY TO ACCEPT TERMS OF USE

Each time you use the Site, you signify your agreement, and the agreement of all persons you represent, without limitation or qualification, to be bound by these Terms of Use. You represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent. If you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use, you may not use the Site. By using the Site, you affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into these Terms of Use and comply with them. Persons using the Site must comply with all applicable laws. InsightAccess may, in its discretion, refuse permission to access and use the Site.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The information and features on the Site do not constitute binding offers of employment. InsightAccess does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Likewise, because content may be provided by Site users rather than InsightAccess, we cannot guarantee that the information and content presented is entirely accurate, complete, timely, or authentic. Although InsightAccess makes reasonable efforts to ensure that all information included on the Site is correct, accuracy and integrity cannot be guaranteed. InsightAccess does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Site. We are under no obligation to post, forward, transmit, distribute, or otherwise provide any information and/or material available from the Site.

Regardless of any information presented on the Site, InsightAccess reserves the right, without prior notice, to discontinue services, remove or alter content, or retract positions at any time without incurring any obligations. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete, or timely sources of information.

OWNERSHIP AND PERMITTED USES OF THE SITE

Copyright © [2024] CXS Analytics Sdn Bhd. Except as otherwise noted, all content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, and all intellectual property held by CXS Analytics Sdn Bhd, is protected by applicable copyright, trademark, and other laws.

The Site integrates certain components of the “Skills Framework,” the copyright of which is owned by SkillsFuture Singapore, a Singapore government agency. Your use of any materials derived from the Skills Framework is subject to these Terms of Use and any additional terms required by SkillsFuture Singapore. Except as expressly permitted, you may not copy, modify, reproduce, republish, upload, post, transmit, distribute, or create derivative works of the Skills Framework or other third-party content made available through the Site without the prior written consent of the respective copyright owner.

The copying, downloading, and/or printing of information and/or material from the Site for personal and noncommercial use is permitted provided that you do not modify or delete any copyright, trademark, or other proprietary notices. Any other use—including modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer, sale, or creation of derivative works—is expressly prohibited without prior written consent from InsightAccess and/or the relevant third-party rights holder.

Improper use of the Site or its content, including attempts to damage or interfere with the Site’s proper functioning or to intercept any system, data, or personal information, is strictly prohibited. Users may not interrupt or attempt to interrupt the Site’s operation in any way. InsightAccess reserves the right, in its sole discretion, to terminate access to the Site at any time without notice. Termination does not waive or affect any right or relief to which InsightAccess may be entitled at law or in equity.

Users are responsible for any information and/or material submitted via the Site, including its legality, reliability, appropriateness, originality, and copyright. Content that is false, fraudulent, defamatory, obscene, abusive, illegal, or otherwise objectionable; encourages criminal offenses; violates the rights of any party; or contains harmful code (such as viruses) is strictly prohibited. Users may not impersonate another person, provide false information, or upload commercial content.

SITE COMMUNICATIONS

The Site may be a portal to, or contain links to, websites operated by CXS Analytics Sdn Bhd and its affiliates (“Affiliates”), which may have different terms of use or privacy notices. Your dealings with Affiliates and use of their websites are at your own risk, and you shall not make any claim against InsightAccess or CXS Analytics Sdn Bhd arising out of those matters. If you use the Site to initiate communication regarding staffing or other needs, the information you submit may be disclosed to and processed by InsightAccess, CXS Analytics Sdn Bhd, and/or Affiliates. All communications you submit must be true, accurate, and complete. If you provide incorrect or incomplete information, you and any persons you represent are liable for any resulting loss or damages.

You authorize InsightAccess to:

1. Accept communications received from you via the Site or email as if those communications had been given directly in writing and signed by you.
2. Disclose your communications to CXS Analytics Sdn Bhd, its Affiliates, and any authorized InsightAccess representatives.
3. Respond to your communications via Internet, email, or other communications methods.

Communications sent to InsightAccess through the Site or email are not effective unless processed by the responsible representative. InsightAccess may refuse to process or may reverse the processing of any communications at its discretion without notice or liability if those communications cannot be processed, violate these Terms of Use, conflict with other instructions, or if an operational failure occurs.

Any information submitted to InsightAccess, CXS Analytics Sdn Bhd, or Affiliates via the Site becomes the property of CXS Analytics Sdn Bhd and may be used for any purpose, unless otherwise required by law or stated in the applicable privacy policies. E-mail may not be secure and may be intercepted by third parties. Do not send confidential or urgent materials via e-mail.

NO ADVICE

The Site is not intended as comprehensive or detailed advice on legal, financial, tax, or other professional matters. You should seek qualified professional advice before relying on information provided on or through the Site.

DISCLAIMERS

USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. INSIGHTACCESS AND CXS ANALYTICS SDN BHD DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE, OR THAT INFORMATION WILL BE ACCURATE OR TIMELY. DOWNLOADING ANY CONTENT IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

LIMITATION OF LIABILITY

NEITHER INSIGHTACCESS, CXS ANALYTICS SDN BHD, NOR THEIR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE, THE INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. USERS AGREE THAT ANY CAUSE OF ACTION MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR IS PERMANENTLY BARRED.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless InsightAccess, CXS Analytics Sdn Bhd, and their Affiliates, officers, directors, employees, agents, licensors, service providers, subcontractors, and suppliers from any claim, liability, loss, damage, or expense arising from your use of the Site, including violations of these Terms of Use. If you cause a technical disruption, you are responsible for all losses, liabilities, damages, and expenses resulting from that disruption.

TRADEMARK INFORMATION

“InsightAccess,” the InsightAccess logo, and other marks displayed on the Site are trademarks of CXS Analytics Sdn Bhd. Other product and company names and logos may be trademarks of their respective owners. Nothing on the Site should be construed as granting any license or right to use any trademarks without prior written permission of the owner.

PERSONAL INFORMATION / PRIVACY

InsightAccess collects, uses, and discloses information regarding your use of the Site and your personal information in accordance with the Privacy Notice, which is posted on the Site. The Privacy Notice may be updated from time to time. By using the Site, you consent to the collection, use, and disclosure of your personal information in accordance with the Privacy Notice as it then reads.

LINKS TO OTHER SITES

The Site may contain links to other sites that are independent of InsightAccess and CXS Analytics Sdn Bhd. These links are provided for convenience only. InsightAccess does not endorse or control these other sites and is not responsible for their content, privacy practices, or terms of use. Your use of such sites is at your own risk.

LINKING, FRAMING, MIRRORING, SCRAPING, AND DATA-MINING

Links to the Site without the express written permission of InsightAccess are strictly prohibited. Framing, mirroring, scraping, or data mining the Site or its content in any form is strictly prohibited.

JURISDICTION

This Site is controlled and operated by CXS Analytics Sdn Bhd from its offices in Malaysia. While the Site may be accessible from other jurisdictions, accessing the Site from any territory where its content is illegal is prohibited. By using the Site, you agree that the laws of Malaysia govern these Terms of Use and any use of the Site. Any disputes arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts located in Malaysia.

If arbitration or any alternative dispute resolution mechanism is preferred, the parties agree that any controversy or claim arising out of these Terms of Use shall be settled by arbitration in accordance with a mutually agreed upon arbitration process, and judgment on the award may be entered in any court with jurisdiction. Notwithstanding the foregoing, you or CXS Analytics Sdn Bhd may seek injunctive relief from a court of competent jurisdiction prior to or during the arbitration.

COMPLAINTS

Please report any violations of these Terms of Use to [Insert Contact Email]. CXS Analytics Sdn Bhd will investigate and may cooperate with law enforcement if criminal activity is suspected.

VIOLATION AND WAIVER

Any violations of these Terms of Use may result in legal or equitable remedies. If we fail to enforce any right or provision, that does not constitute a waiver of such right or provision.
If any part of these Terms of Use is deemed invalid, the remainder shall be enforceable, and the court shall give effect to the parties’ intentions as reflected in any invalid or unenforceable provision.

BY USING THIS SITE, YOU CONSENT TO THE REAL-TIME COLLECTION, STORAGE, USE, AND SHARING OF INFORMATION ON YOUR DEVICE OR PROVIDED BY YOU (SUCH AS MOUSE MOVEMENTS AND CLICKS) BY CXS ANALYTICS SDN BHD AND/OR ITS THIRD-PARTY PROVIDERS.

PRIVACY NOTICE

This CXS Analytics Sdn Bhd Global Privacy Notice (“Privacy Notice”) provides a framework of understanding about the personal data that is collected by CXS Analytics Sdn Bhd and its subsidiaries and affiliates (each separately and/or jointly called the "Data Controller"). Personal data collected by the Data Controller will be processed and protected in accordance with the terms of this Privacy Notice.

This Privacy Notice applies to:

1. Our job candidates and individuals who receive our career services;
2. Our associates, meaning individuals we source, place on assignment with one of our clients, or to whom we provide outplacement or career transition services;
3. Users of our websites and applications related to our InsightAccess platform (“Sites”); and
4. Representatives of our business partners, clients, and vendors.

This Privacy Notice does not apply to individuals employed directly by CXS Analytics Sdn Bhd in its headquarters or other offices, who may be covered by separate policies.
This Privacy Notice describes the types of personal data we collect, how we use and protect that data, how long we store it, with whom we share it, and the rights that individuals can exercise regarding our use of their personal data. It also describes how you can contact us about our privacy practices and exercise your rights. Our practices conform to applicable laws and regulations in Malaysia, including the Personal Data Protection Act 2010 (PDPA).

INFORMATION WE COLLECT

We collect personal data about you in various ways, such as through our Sites, social media channels, at events, via phone or fax, through job applications and in-person recruitment, and in connection with our interactions with clients and vendors. The personal data we may collect (as permitted under local law) includes:

• Contact information (e.g., name, postal address, email address, telephone number)
• Username and password when you register on our Sites
• Information you provide about friends or others you would like us to contact (upon confirming their consent)
• Other information you may provide to us (e.g., via surveys or “Contact Us” forms)

If you are an associate or job candidate, or apply for a position, we may also collect:

• Employment and education history
• Language proficiencies and work-related skills
• Government-issued identification numbers (e.g., NRIC)
• Date of birth and gender
• Bank account information
• Citizenship and work authorization status
• Benefits and tax-related information
• Information provided by references
• Information contained in your resume or CV and details about your career interests and qualifications

Where required by applicable law and with your explicit consent, we may collect:

• Disabilities and health-related information
• Results of drug tests, criminal or other background checks

We may also collect information about other individuals (e.g., emergency contacts) you provide to us, acknowledging that you have obtained their consent to do so.

HOW WE USE THE INFORMATION WE COLLECT

The Data Controller may use the personal data (as permitted under local law) for the following purposes:

• Providing workforce solutions and connecting individuals to employment opportunities
• Creating and managing online accounts
• Processing payments
• Managing business partner, client, and vendor relationships
• Sending promotional materials, job alerts, and other communications (where permitted by law)
• Administering participation in events, promotions, programs, offers, surveys, contests, and market research (where permitted by law)
• Responding to inquiries and claims
• Operating, evaluating, and improving our business, including data analytics, communications management, and internal functions such as accounting and auditing
• Protecting against, identifying, and preventing fraud and other unlawful activities
• Complying with and enforcing applicable legal requirements, contractual obligations, and our policies

If you are an associate or job candidate, these purposes include:

• Providing job placement, outplacement, and career transition services
• Offering HR services such as payroll, benefits administration, performance management, and training
• Assessing your qualifications for positions
• Performing data analytics related to workforce trends, skill sets, and employment opportunities

We may also use your information for other purposes disclosed to you at the time of collection or with your consent.

USE OF AUTOMATED DATA COLLECTION METHODS

When you visit our Sites, we may collect information by automated means using technologies such as cookies, web beacons, and server logs. This may include IP addresses, browser characteristics, device IDs, operating systems, language preferences, referring URLs, actions on our Sites, and times of visits. We use these automated means to:

• Customize user experiences on our Sites
• Deliver content tailored to user interests
• Manage and improve our Sites and business operations

Your browser settings may allow you to limit or disable certain cookies. However, some features of our Sites may not function without them.

Third-party analytics services may also use automated means to collect data regarding your use of our Sites, subject to their privacy policies. CXS Analytics Sdn Bhd is not responsible for these third-party practices. Where required by law, we will seek your consent before using cookies or similar technologies.

LEGITIMATE INTERESTS

The Data Controller may process your personal data for legitimate business purposes, such as improving our services, preventing fraud, enhancing security, understanding site usage, direct marketing, and evaluating the effectiveness of promotional campaigns. You have the right to object to such processing, and we will consider your rights whenever we process data for legitimate interests.

DATA PROCESSING AND SECURITY

We process personal data for only as long as necessary to fulfill the purposes described above, consistent with our data retention policies and applicable laws. We maintain administrative, technical, and physical safeguards to protect personal data against unauthorized access, alteration, disclosure, or misuse. Security measures may include encryption of data in transit, strong user authentication, and network monitoring solutions.

DATA RETENTION

We retain personal data as long as needed for the purposes for which it was collected or as required by law. Criteria for determining retention periods include:

• Legal, regulatory, or contractual requirements
• Necessity for business operations and provision of services
• Legitimate interests of the Data Controller (as described above)

INFORMATION WE SHARE

We do not disclose personal data except as described in this Privacy Notice or as permitted by law. We may share personal data with:

• Vendors performing services on our behalf (under instructions and for authorized purposes)
• Our subsidiaries and affiliates
• Clients (if you are a job candidate) to evaluate and consider employment opportunities
• Business partners, placement consultants, and subcontractors to assist in finding work opportunities

We may also disclose personal data:

• To comply with legal obligations or requests by authorities
• To prevent physical harm or financial loss, or investigate suspected illegal activity
• In connection with a sale or transfer of our business or assets (including reorganizations, dissolutions, or liquidations)

DATA TRANSFERS

Your personal data may be transferred outside of Malaysia, subject to appropriate safeguards and in compliance with applicable laws. By providing personal data, you consent to these transfers and processing in accordance with this Privacy Notice.

YOUR RIGHTS

Subject to applicable local law (including the PDPA), you may have the right to:

• Access the personal data we hold about you
• Request correction of inaccurate or incomplete data
• Request erasure of your data
• Request restrictions on data processing
• Object to data processing for specific reasons
• Withdraw consent previously given

To exercise these rights, please contact us using the contact information provided below. Please note that withdrawing consent or objecting to certain processing activities may affect our ability to provide certain services to you.

UPDATES TO OUR PRIVACY NOTICE

We may update this Privacy Notice periodically to reflect changes in our practices and legal requirements. For significant changes, we will post a prominent notice on our Sites indicating when it was most recently updated.

HOW TO CONTACT US

If you have any questions or comments about this Privacy Notice, or if you would like to exercise your rights, please contact:

CXS Analytics Sdn Bhd
A-37-7&8 Menara UOA Bangsar
5 Jalan Bangsar Utama 1, 59000 Kuala Lumpur
Attn: Data Protection Officer
Email: [email protected]

If you are located in Malaysia and have further questions, you may contact the Data Protection Officer at the above address or email for assistance in exercising your rights under the PDPA.