StarSentry

What is Vulnerability Assessment?

A vulnerability assessment is a systematic process that identifies and evaluates security weaknesses in systems, networks, or applications.

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End User License Agreement (EULA)

End User License Agreement

The terms and conditions of this End User License Agreement (“Agreement”) govern your use of and/or access to the Service (as hereinafter defined) operated by Applied Security Intelligence Sdn Bhd (Company Registration No.: 202001035047 (1391368-M)) of Unit 03, Level 3, Tower B, Avenue 3, Bangsar South, No. 8, Jalan Kerinchi, 59200 Kuala Lumpur, Malaysia (collectively referred to as “we”, “us” or “our”).

By assenting electronically, installing the Device (as hereinafter defined) or using the Service, you indicate that you have read, understood and accepted this Agreement, including the Privacy Policy and, any additional terms and conditions, and any policies referenced herein available within the Service or by hyperlink. If you do not agree to the terms of this Agreement, please discontinue the installation process of the Device or use of the Service and terminate this Agreement in accordance with the terms and conditions below.

Service Provided by Us

1.1.

StarSentry is a vulnerability scanning tool that enables users to scan or check their networks, systems, and applications for IT security vulnerabilities (“Service”). The Service can be deployed on-premise by way of a device (“Device”) or through the Internet.

1.2.

The Service does not include removal of any vulnerabilities found through the Service. You acknowledge that the Service is not able to detect all possible vulnerabilities and as such, you acknowledge that we are not responsible for any loss or damage caused by such vulnerabilities. To ensure you have an accurate vulnerability assessment and to avoid operational disruption of the Service, you shall consider the impact of any security software or firewalls installed on your devices.

1.3.

You may use the Service only if you can form a binding contract with us and only in compliance with this Agreement and all applicable laws.

Licence to Use the Service

Subject to all limitations and restrictions contained herein, we grant to you a term subscription, non-exclusive, non-assignable, personal, and revocable license to use and/or access the Service.

Subscription of the Service

3.1.

You shall subscribe to the Service for a period of not less than the minimum subscription period of twelve (12) months (“Subscription Period”) or any other period mutually agreed between us.

3.2.

The Service and Subscription Period shall commence after the successful completion of the installation of the Device or enabling of the Service, whether by us, our appointed contractor or yourself (as applicable) and upon the date on which the Service is activated for you by us (“Activation Date”).

3.3.

This Agreement shall remain in full force and effective for the duration of the Subscription Period, unless earlier terminated by either party in accordance with the provisions of this Agreement. We shall send you not two (2) reminder emails to advise you that your Subscription Period is approaching its expiration date to the contact email address as provided by you. The first reminder email will be sent sixty (60) days prior to the expiry of the Subscription Period. The second reminder email will be sent thirty (30) days prior to the expiry of the Subscription Period.

Fee of the Service

4.1.

You shall pay the fee for the Service as prescribed and informed to you by us from time to time (“Fee”). The Fee shall be continuously chargeable and payable by you upon the Activation Date or any time determined by us.

4.2.

In the event of suspension or termination of your User Account (as hereinafter defined) at any time during the Minimum Subscription Period, except where such termination arises from our breach or fault or a Force Majeure event (as hereinafter defined), then you shall be liable to pay to us all fees for the Service outstanding to us, including the administration charges or any other amount as imposed by us from time to time. “User Account” means an account registered with us under your name in relation to the Service subscribed by you.

4.3.

We may change the Fee at any time and for any of the following reasons:-

(a)

legal or regulatory reasons;

(b)

improvements to the Service or new features; or

(c)

in response to market factors such as changes in taxes, inflation, currency fluctuations or changes in infrastructure or administrative costs.

Service Availability

5.1.

You are responsible for the installation of the Device or enabling of the Service. We may however assist you in the installation of the Device, if required, for a fee to be determined by us.

5.2.

For the avoidance of doubt, we shall not be responsible or liable for any problem arising between you and us in our capacity as the provider (and not attributable to our wilful default or gross negligence) that may affect the availability of the Service. You understand that should there be any interruption or termination of the Service by us, this will affect the availability of the Service in which event, we reserve the right to terminate the Service accordingly.

Update of the Service

We may, from time to time, and without your separate permission or consent, deploy an upgrade or update or, or replacement for the Service (“Update”). As a result of any such deployment, you may not be able to use the Service or Device (or certain functions of the Device) until any such Update is fully installed or activated. Each Update will be deemed to form a part of the Service for all purposes under this Agreement. Updates may include both additions to, and removal of, any particular features or functionality offered by the Service or may replace it entirely, and we will determine the content, features and functionality of the updated Service in our sole discretion. We are not required to offer you the option to decline or delay Updates but, in any event, you may need to download and permit installation or activation of all available Updates to obtain maximum benefit from the Service. We may stop providing support for the Service until you have accepted and installed or activated all Updates. In our sole discretion, we will determine when and if Updates are appropriate and we have no obligation to make any Updates available to you. In our sole discretion, we may stop providing Updates supporting use of the Service in connection with any versions of operating systems, email programs, browser programs and other software with which the Service is designed to operate.

Guidelines of Service

7.1.

The use of the Service is subject to our guidelines. The following is a non-exhaustive list of the types of conduct that are illegal or prohibited when you use or access the Service. You shall not use, allow, or enable others to use the Service, or knowingly condone use of the Service by others, in any manner that is, attempts to, or is likely to, involve the following prohibited activities:-

(a)

use the Service for any unlawful purpose including without limitation for any criminal purposes;

(b)

use reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any portion of the Service;

(c)

change, modify or otherwise alter the Service;

(d)

except as authorised by a distribution agreement, reseller agreement or other agreement between you and us, publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense the Service;

(e)

use any parts of the Service to provide or build a product or service that competes with the Service;

(f)

use the Service to:-

(i)

upload, download, stream, transmit, copy or store any information, data, or materials, or engage or assist in any activity that may:-

(1)

infringe the intellectual property rights or other rights of ours or any third party;

(2)

contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind;

(3)

harm or attempt to harm others;

(4)

have the potential to incite or produce conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, religiously or sexually discriminatory or otherwise objectionable;

(5)

promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

(6)

impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

(7)

assist any fraud, deception or theft;

(8)

damage, disable or impair the operation of, or gain or attempt to gain unauthorised access, receipt, use, copying, alteration or destruction of or to, any property, devices, software, services, networks or data by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, password protection or other information security protections or controls of whatever nature;

(ii)

in any way violate any laws, regulations, judicial or governmental orders, treaties;

(iii)

forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Service;

(iv)

upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, or “pyramid schemes”;

(v)

collect or store personal data without the knowledge and express consent of the data subject;

(g)

use any proxy Internet Protocol (IP) addresses in order to attempt to disrupt the Service;

(h)

affect us adversely or reflect negatively on us, the Service, our goodwill, name or reputation or cause duress, distress or discomfort to us or any person, or discourage any person from using all or any portion, feature, or function of the Service, or from advertising, linking, or becoming a supplier to us in connection with the Service;

(i)

transmit, distribute or upload programs or materials that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

(j)

gain unauthorised access to the Service, other users’ name, account, password, personally identifiable information or other computers, websites or pages, connected or linked to the Service, or to use the Service in any manner which violates or is inconsistent with this Agreement;

(k)

modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service, or the rights or use and enjoyment of the Service by any other person;

(l)

collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by, or concerning any other person, in connection with their or your use of the Service, unless you have obtained the express, prior permission of such other person to do so;

(m)

harvest or otherwise collect information about users without their consent; and

(n)

upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).

7.2.

We reserve the right, but is not obligated to do, any or all of the following:-

(a)

investigate and take appropriate legal action against any person who, in our sole discretion, engages in any of the prohibited activities; and

(b)

restrict, suspend, or terminate a user’s access to all or any parts of the Service upon any breach of this Agreement for any or no reason, with or without prior notice and without liability.

7.3.

You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your use and/or access to the Service and we shall not be liable for any cost or loss incurred by you due to such suspension or termination. We also reserve our right to introduce, change, or amend our guidelines from time to time.

Device Provided by Us

8.1.

Where the Device is provided by us for the use of the Service, you will be the legal and beneficial owner of the Device, save for the documents and information residing in the Device. Nevertheless, you shall:-

(a)

take appropriate measures to safeguard the Device;

(b)

properly maintain and keep the Device at a safe place;

(c)

adhere to all instructions and notice (written or otherwise) given by us from time to time regarding the use of the Device;

(d)

not attempt to open, modify or disassemble the Device, failing which will void the warranty of the Device;

(e)

be responsible for all costs of repairs incurred in relation to the Device in the event it is proven that any fault in the Device whether by act or omission is caused by you;

(f)

not hold us liable in the event that your equipment and/or other devices are damaged due to, including but not limited to, flood, fire, lightning strike or other acts of nature whilst using the Device; and

(g)

not hold us liable or responsible for any loss or damage caused by the Device as we are not the manufacturer of this Device. You agree that you shall make such claim against the manufacturer and not us.

8.2.

The warranty period of the Device is valid from the Activation Date and for as long as you maintain an active subscription of the Service with us (“Warranty Period”)

8.3.

In the event of any interruption, loss, or unavailability of the Service and/or any technical faults encountered with the Device, you shall notify us promptly and you may request for technical support and basic troubleshooting of the same from us which we may charge for such additional services.

8.4.

If you notify us of the defect during the Warranty Period and we are unable to remedy the defect remotely, we will either:-

(a)

replace the Device with a new or refurbished unit of the Device with no charge, in which case the warranty established by Clause 8.2 will apply for the remainder of the Warranty Period applicable to the original unit of the Device. If we are unable to replace or change the Device to the same or a similar model as the existing Device, we reserve the right to replace the Device with any model or type available at the relevant time, at our sole discretion; or

(b)

terminate your subscription and refund any unearned Fees you have previously paid.

8.5.

If the Device fails following the end of the Warranty Period, or if it fails because of misuse, tampering, interference, abuse, casualty, loss or theft, we may charge you its standard price for the replacement unit of the Device. We may, in our sole discretion may, replace the Device with a new or different device that will also be subject to this Agreement.

8.6.

If you wish to resubscribe to the Service following termination, the Device not returned by you at the time of termination may not be authorised by us for use in respect of the new subscription.

8.7.

Replacement of the Device will not be provided if the Service is discontinued.

User’s Responsibilities

You shall:-

(a)

be responsible for the set up or configuration of your equipment for access to the Service;

(b)

ensure your readiness for installation of the Service on the appointment date;

(c)

comply with all reasonable notices or instructions given by us from time to time in respect of the use of the Service;

(d)

be solely responsible for obtaining, at your own cost, all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service;

(e)

comply with the rules of any network to which you have access to the Service;

(f)

comply with and not contravene any and all applicable laws and regulations in the country in which you reside, whether relating to the Service or otherwise;

(g)

be solely responsible for all information retrieved, stored, and transmitted by you through the use of the Service;

(h)

obtain our prior approval before making any changes to the network configurations and interconnecting your private network to any public network;

(i)

provide basic infrastructure for installation of the Device;

(j)

be responsible for any change and cost associated to any modification made to the external or internal wiring for connectivity of the Service;

(k)

pay and settle the Fee and any charges due to us in accordance with this Agreement;

(l)

abide and adhere to the terms and conditions of this Agreement;

(m)

be responsible to maintain in good condition the Device;

(n)

all such measures as may be necessary to protect your own system and network; and

(o)

be responsible for the safety, security, and maintaining the confidentiality of your password and/or User Account and shall not reveal the same to any other person. We disclaim any liability for any unauthorised use by any third party of your password or User Account.

10.

Data Privacy

When you use the Service, we will collect, store, and use certain information about you as described in our Privacy Policy. If you do not agree to such provisions, please do not install the Device or use the Service.

11.

Confidentiality

11.1.

You will not disclose, misuse, or use the Confidential Information. “Confidential Information” means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes, but is not limited to, all information generated or obtained from the use of the Service, this Agreement, our policies, and any other technical or programming information we disclose or make available to you.

11.2.

However, Confidential Information does not include information other than information that (i) is or becomes publicly known and generally available other than through your action or inaction; or (ii) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.

11.3.

Each party agrees at all times to use all reasonable efforts, but in any case, no less than the efforts that each party uses in the protection of its own Confidential Information of like value, to protect Confidential Information belonging to the other party. Each party agrees to restrict access to the other party’s Confidential Information only to those employees or personnel who (i) require access in the course of their assigned duties and responsibilities; and (ii) have agreed in writing to be bound by the provisions no less restrictive than those set forth in this Clause 11.

11.4.

You acknowledge, consent, and agree that we may access, preserve and disclose the information you provided and generated from the use of the Service if required to do so by law, or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:-

(a)

comply with the legal process;

(b)

enforce this Agreement;

(c)

respond to your requests for customer service; or

(d)

protect our rights, property or personal safety, our users, and the public.

12.

Intellectual Property Rights

12.1.

You acknowledge that we own all rights, title, and interests, including, without limitation, all Intellectual Property Rights (as hereinafter defined), in relation to the Service, and that you will not acquire any rights, titles, or interests in relation to the Service except as expressly set forth in this Agreement. To the extent you provide any comments or suggestions about the Service to us, you grant us the right and license to retain and use any such comments or suggestions for any purpose in our current or future products or services, without further compensation to you and without your approval of such retention or use. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

12.2.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, hardware, or documentation, or create or attempt to create a substitute or similar service or product through use of the Service or proprietary information related thereto.

12.3.

You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained within the Service.

12.4.

This Clause 12 will survive termination or expiry of this Agreement.

13.

Representations and Warranties

You acknowledge and agree that the Service is provided on an “as is” and “as available” basis, and that your use of or reliance upon the Service and any content, goods, products, or services accessed or obtained thereby is at your sole risk and discretion. While we make reasonable efforts to ensure the provision of the Service we offer are available at all times, we do not warrant or represent that the Service shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Service due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or Force Majeure events.

14.

Limitation of Liability

14.1.

The Service is provided on a “best effort” basis. We make no warranty of any kind, either expressed or implied, and expressly disclaim all implied warranties, including, but not limited to warranties of accuracy, availability, stability, or accessibility of the Service including access to any online sites or destination or domain and/or the Device for your particular purpose. We also make no warranty that all vulnerabilities, risks or threats will be detected by use of the Service of that false positives will not be found. We also make no warranty that your equipment will be compatible with the Device or the Service. You acknowledge that we do not and cannot in any practical way supervise, edit, or control the content and form of any information or data accessed by you through the Service. You shall exercise discretion when using the Service at all times and we shall not be held responsible and hereby disclaim any and all liabilities whatsoever with regard to any information or content accessed through the Service.

14.2.

Save for loss or damage arising from our gross negligence or wilful default, we shall not be liable to you for any indirect, consequential and incidental loss, cost, claim, liability, expenses, demands or damages whatsoever, loss of profits, loss of savings, loss of data or loss of business arising out of your failure or inability to use the Service provided by us hereunder. Our liability (if any) is limited to restoring the Service but subject always to technical limitations or other limitations beyond our control and if necessary, to replace the Device or any part thereof if we determine that the Device is not in working conditions or faulty not due to your act or omission.

14.3.

We shall not be liable in the event that your equipment and/or other devices are damaged due to a Force Majeure event (as defined hereunder). Our liability (if any) during installation and/or restoration of any reported faulty of the Device shall not cover the wiring or cabling connecting the Device or your equipment and the building management corporation or the building owner power house.

14.4.

While every care is taken by us in the provision of the Service, we shall not be liable for any loss of information or data howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents accuracy or quality of information available, received, or transmitted through the Service unless due to our gross negligence or wilful default.

14.5.

We shall be solely responsible, and we shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules, and regulations for the use of any telecommunications systems, service, or equipment shall be at all times complied with.

15.

Termination

15.1.

Without prejudice to any other rights or remedies of the parties under this Agreement or at law, either party may terminate this Agreement in the event:-

(a)

the other party breaches any term, condition, undertaking, or warranty under this Agreement and such breach is not remedied for a period of thirty (30) days after receipt of the written request to remedy the same;

(b)

the other party breaches any applicable laws or regulations;

(c)

the other becomes bankrupt or enters into any composition or arrangement with or for the benefit of creditors or either party or allow any judgment against either party to remain unsatisfied for the period of twenty-one (21) days; or

(d)

any Force Majeure event occurs, which continues for a period of more than sixty (60) days.

15.2.

Without prejudice to any of our other rights or remedies under this Agreement or at law, we may terminate this Agreement by giving you fourteen (14) days’ written notice:-

(a)

where you fail to comply with our policies and/or instructions communicated to you;

(b)

where you are in breach of any laws or any other rules, regulations, by-laws, acts, ordinances or any amendments to the above; or

(c)

where we are of the view that the provisioning of the Service is no longer commercially viable.

15.3.

We may suspend or terminate your User Account, or cease providing you with all or part of the Service at any time for any reason without prior notice and without penalty, including but not limited to, if we reasonably believe:-

(a)

you fail to make payment of the Fee, charges and/or any sum due to us as and when it falls due;

(b)

you have breached, or are acting in breach of, this Agreement; or

(c)

you have infringed any laws or regulations or the rights of a third party, including infringing someone else’s intellectual property rights, or if we reasonably believe that you have engaged, or are engaging in fraudulent or illegal activities.

15.4.

In the event this Agreement terminates for whatever reason, the following shall be applicable:-

(a)

we will cease providing the Service immediately;

(b)

all rights and licenses granted by us to you under this Agreement shall terminate immediately;

(c)

you shall pay us all the outstanding Fee in relation to the provision of the Service rendered until the date of termination;

(d)

you shall return the Device to us in the same condition as it was when it was initially provided to you, fair wear and tear expected, failure of which shall result in you being liable to pay us the cost of the Device;

(e)

you shall continue to comply with all of your obligations under this Agreement which are not affected by termination;

(f)

we reserve the right to permanently dispose and delete any data held within the Service without further reference to you; and

(g)

any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.

16.

Third Party Software, Services and Other Products

The Service may offer you the opportunity to acquire software, services and other products supplied by third parties. You acknowledge that the applicable third party is solely responsible for its offerings and we make no representations or warranties concerning those offerings and accept no liability with respect to them, and if you acquire or use any of these third party offerings, the offerings and your use of them will be governed by any license agreements, terms of use, privacy polices and/or other terms and conditions required by the third party. Further, we accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your use of and/or access to any of these third party offerings.

17.

Open Source Software Disclosures

17.1

This product contains software developed by the OpenVAS / Greenbone Community (https://www.greenbone.net) and other contributors, licensed under the GNU General Public License Version 2 (GPLv2) and/or GNU Affero General Public License Version 3 (AGPLv3). You may obtain a copy of these licenses at:

GPLv2: https://www.gnu.org/licenses/old-licenses/gpl-2.0.html
AGPLv3: https://www.gnu.org/licenses/agpl-3.0.html

You are entitled to receive the complete corresponding source code for the GPL/AGPL-licensed software contained in this product. Instructions for obtaining this source code are provided below. Copyrights: Copyright © Greenbone AG and other contributors.

17.2.

The corresponding source code for the versions of GVM components distributed with our product is available for download below:

gvmd 23.3.0
pg-gvm 22.6.5
gsa 23.0.0
gsad 22.9.0
openvas-smb 22.5.6
openvas-scanner 22.7.9
ospd-openvas 22.6.1
notus-scanner 22.6.1

17.3.

If you received this product with different GVM versions, or require the source code by other means, please contact us at: [email protected]

This offer is valid for three (3) years from the date you received the product or update. The source code will be provided at no charge, except for the cost of media and shipping, if applicable.

18.

Force Majeure

18.1.

If performance of this Agreement or any obligations under this Agreement is prevented, restricted, or interfered by reason of Force Majeure and the affected party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the affected party invoking this provision shall be suspended to the extent necessary by such event. The affected party shall use reasonable efforts under the circumstances to remove such prevention, restriction, or interference or to limit the impact of the event on its performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.

18.2.

“Force Majeure” means any event or circumstances beyond the reasonable control of a party including any acts of God, fire, flood, storm, earthquake, natural disaster, epidemic or pandemic, sabotage, nuclear contamination, terrorism, war or civil riot that occurs to the extent it:-

(a)

would be unreasonable to expect the affected party to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan; and

(b)

results in a party being unable to perform an obligation under this Agreement on time.

19.

Severability and Waiver

19.1.

Unless as otherwise stated in this Agreement, should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement, and the application of that provision shall be enforced to the extent permitted by law.

19.2.

Any failure by us or any third party beneficiary to enforce this Agreement or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.

20.

Entire Agreement

This Agreement comprises the entire agreement between you and us and supersedes any prior or contemporaneous negotiations or discussions.

21.

Assignment

21.1.

In our sole discretion, we may assign this Agreement and any of our rights under this Agreement, in whole or in part, and we may delegate any of our obligations under this Agreement upon notice to you.

21.2.

You may not assign this Agreement, in whole or in part, nor transfer your rights under this Agreement to any third party.

22.

Indemnification

You agree to indemnify, defend and hold us, our directors, officers, shareholders, employees, representatives, consultants, agents, subsidiaries, affiliates, and applicable third parties (e.g.: partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, but not limited to, damage awards, settlement amounts and/or legal fees) brought against any Indemnified Person(s) arising out of, related to or which may arise from your use of the Service and/or your breach of any terms of this Agreement.

23.

Modification

23.1.

We reserve the right to change the terms and conditions of this Agreement from time to time. We may change or remove any or all features of the Service at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.

23.2.

If the alterations constitute a material change to our terms and conditions, we will notify you. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions as modified. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.

24.

Relationship of Parties

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

25.

Governing Law and Dispute Resolution

This Agreement will be governed by the laws of Malaysia and the parties agree that any dispute or claim between you and us will be adjudicated in the courts in Kuala Lumpur, Malaysia. Any claim against us arising from this Agreement shall be adjudicated on an individual basis and shall not be consolidated in any proceeding with any claim or controversy of any other party.

26.

Contact Us

If you wish to contact us regarding any feedback, comments, or questions you may have, our contact details are as follows:-

Applied Security Intelligence Sdn. Bhd.
Email address: [email protected]
Contact no.: +603 6416 7234
9:00 AM to 6:00 PM, [MYT], Monday - Friday, excluding public holidays

Dated: 1^st November 2024

StarSentry Privacy Policy

Privacy Policy: StarSentry Vulnerability Scanner

Effective date: 1^st September 2024

This Privacy Policy sets out how Applied Security Intelligence Sdn Bhd (hereinafter collectively referred to as “ASI”, “our”, “us” or “we”) processes personal data in accordance with the data protection laws that apply to us.

This Privacy Policy outlines our general practices in relation to the collection, use, disclosure (hereinafter referred to as “processing”) and protection of the personal data you provide through our services and/or website, application, form, devices, products, social media pages or otherwise (hereinafter collectively referred to as “Platform”), or when you communicate with us and/or our authorised agents through various media and communication channels. This Privacy Policy also explains your rights and the choices available to you regarding the use of, your access to, and how to update and correct your personal data. By using the Platform, you consent to the practices outlined in this Privacy Policy.

In this Privacy Policy, “personal data” generally refers to any information that can be used, directly or indirectly (e.g. in combination with other types of data that we may have access to), to identify an individual (i.e. the “data subject”). Local data protection laws may have differing definitions of this, and to the extent that our definition used here conflicts with the law, the stricter definition will apply.

1. Processing of Personal Data

In the course of your dealings with us, we may process personal data about you or any other person for the purposes stated in this Privacy Policy. This may occur when you specifically and voluntarily provide such personal data to us, or, where necessary, we receive such personal data from third parties or from the public domain.

In your interaction with us or by your usage of the Platform, we may process the following categories of personal data, including, but not limited to:-

personal contact information, which includes your name, your company’s name (if applicable), mailing address, email address, and phone number;
account login information, which includes your username, password in unrecoverable form, and security question and answer;
demographic information and interest, which includes your date of birth, age, gender, and geographic location;
transaction and financial information, which includes your bank account and payment card details, payments to and from you, and other details of products and services you have purchased or acquired from us;
technical data, which includes internet protocol (IP) address, operating system type, web browser type and version, your device information, and date and time of access of the Platform;
usage data, which includes information about how you use our website, application, products, and services;
scan results, which includes any vulnerabilities, unpatched software, and network configurations collecting during scans;
marketing and communications data, which includes your preferences for receiving marketing materials from us and our third parties and your communication preferences;
geolocation data;
your conversations with us (be it via chat or in person phone calls), when you interact with us via our communication channels; and
other information permitted by applicable laws, or as notified to you at the point of transacting with us.

Unless prohibited by applicable laws, we will notify you before collecting your personal data and seek your express consent if we need to collect your sensitive personal data.

As the accuracy of your personal data depends largely on the information you provide to us, kindly inform us as soon as practicable if there are any errors in your personal data or if there have been changes to your personal data.

If you provide us personal data about other individuals for any particular purpose, you represent and warrant to us that they have appointed you to act on their behalf and have agreed that you can:-

give consent on their behalf to the processing of their personal data;
receive on their behalf any data protection notices; and
warrant that you have obtained their consent for us to store their personal data, or have the right to allow us to process their personal data.

Generally, as the Platform is not targeted at minors, we do not consent to receiving any personal data relating to minors. In the event that specific products or services provided by us require the collection and processing of minors’ personal data, this will be specifically stated in the appropriate addendum to this Privacy Policy. In such cases, we require the parent or legal guardian of such minor(s) to consent to our processing of their minor(s)’ personal data.

2. Source of Personal Data

The personal data collected, used and processed by us are obtained from various legitimate and transparent sources, including, but not limited to the following:-

through your access or use of the Platform;
when you create an account with us;
when you browse, order, purchase or subscribe to our products and/or services;
any emails or correspondence that we receive from you;
when you communicate to us and/or our authorised agents through various media and communication channels, and any direct and indirect interactions with us;
when completing any applications or forms for transactional or other purposes;
when you participate in any event, prize draws, or competitions organised by us or indirectly through a third party;
when completing any surveys that we send to you for research purpose;
data from publicly available sources that we collect in accordance with applicable laws, i.e. data that is published by you, social media profiles, directories, signages;
data that we obtain legally from authorised third parties, including, but not limited to, credit reporting agencies, regulatory and enforcement agencies, healthcare providers, and other government or government-linked entities;
our related and/or associated companies, business partners, contractors, third-party service providers, and business partners;
marketing services providers or partners; and
mailing lists.

3. Lawful Basis and Purpose of Processing of Personal Data

We must have a lawful basis to collect, use, and process personal data. We typically rely on at least one of these lawful bases to do so:-

where we have the data subject’s consent for the disclosed purposes;
where the processing is necessary and related to the fulfilment of a contract with the data subject or in order to take steps at the request of the data subject prior to entering into a contract;
where the processing is necessary for compliance with a legal obligation to which we are subject;
where the processing is necessary to protect vitally important interests of the data subject, including life and health;
where the processing is necessary in order to respond to a national emergency, or to comply with the requirements of public order and safety; or
where the processing is necessary for the purposes of the legitimate interests pursued by us, a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under local laws.

We generally rely on consent to process personal data. In addition, the following summarises some of the common purposes for which we may process personal data and our legal basis for doing so:-

To create and administer your account;
To enable you to access or use the Platform;
To provide you with our products and services;
To provide support for our products and services;
To monitor and analyse your use of the Platform;
To research, evaluate, and develop the Platform;
To provide you with discounts, bonuses, rebates and the like for your orders and purchases;
To contact and communicate with you, including to respond to your requests and enquiries;
To communicate information, notices, and updates;
To fulfil any other request(s) that you may have submitted to us;
To deal with any product safety issue or product complaint, and to contact and communicate with you in relation to the same;
To resolve disputes or to investigate any complaints you made or made against you;
To process invoices and payment;
To conduct due diligence on the third parties we transact with, such as vendors and business partners;
For internal functions such as reporting, and audit and risk management;
To maintain our operations or client relationship management systems;
To maintain and upkeep customer or company records and development in the ordinary course of business;
For our internal record keeping;
For the preparation and execution of all necessary documents, agreements and/or contracts for the Platform;
For general operation and maintenance of the Platform;
To develop and improve our product and service offerings by analysing and assessing the information we have access to, such as by conducting data analytics and market research;
To develop, show, measure, and track advertising (including, but not limited to, content, survey, and promotions of the Platform or products and services of ours, our subsidiaries, related and/or associated companies, business partners, and other third parties) and to collect information about you and on how you interact with it while you use the Platform;
To deliver online behavioural advertising (i.e., to show you online advertisements for products and/or services which may be of interest to you based on your previous behaviour, and to show you advertisements and content on social media platforms);
To implement and/or facilitate risk and fraud controls and payment processing;
To prevent, detect or investigate any potential breaches, illegal activities or prohibited content on the Platform;
To facilitate the conduct of due diligence exercises or the actual transfer of assets in the event of potential, proposed or actual business transfer, whether in whole or in part, sale of business, disposal, acquisition, merger, spin-off, joint venture, assignment, reorganisation of our business, assets or stock or similar transaction;
To enforce and exercise rights stated in this Privacy Policy or any contract;
To comply with any legal or regulatory requirements relating to all the commercial transactions, our conduct of the business or activities or our provision of products and services, and to make disclosure under the requirements of any law, regulations, directives, court orders, by law, guidelines, circulars or codes applicable to us or any member of our group of company from time to time;
To cooperate with regulators and law enforcement bodies;
To send you information or invitations to events, seminars, conferences, initiatives and promotions and talks which may be of interest to you;
To organise and manage professional events and congresses, including your participation in such events; and
To promote and communicate news and information about the Platform, products and services of ours, our subsidiaries, related and/or associated companies, business partners, and other third parties, and such communications may be initiated from us or through third parties.

4. Consequences of Refusal or Failure to Provide Personal Data

Unless stated otherwise, the personal data provided to us are wholly voluntary in nature and you are not under any obligation or duress to do so. However, in some circumstances if you do not provide us with your personal data described in this Privacy Policy, we shall not be held liable for any of the consequences arising therefrom:-

the inability for us to provide you with the products and/or services you requested, either to the same standard, or at all;
the inability for us to provide you with the information about the products and/or services that you may want, including information about discounts or special promotions, or our new products and/or services;
the inability for us to tailor the content of the Platform to your preferences and your experience of using the Platform may not be as enjoyable or useful;
the inability to complete the relevant transactions with you; and
the inability to comply with any applicable law, regulation, direction, court order, by law, guideline and/or code applicable to us.

5. Disclosure of Personal Data

In order for us to fulfil the purposes listed above, we may disclose your personal data to the following parties, including, but not limited to:-

our subsidiaries, related and/or associated companies (including those incorporated in the future), licensees, or business partners;
our employees, agents, representatives, partnerships, joint venture entities, contractors, third- party service providers, subcontractors, or other parties as may be deemed necessary by us to facilitate your dealings with us;
our suppliers, manufacturers, and business alliance partners of our products and/or services;
relevant holders of the marketing authorisation of our products and/or services;
parties whom we have obligations to report safety issues or product complaints;
our professional advisers, including but not limited to our lawyers, accountants, auditors, and other financial or professional advisors appointed in connection with our business;
any person, government authority, statutory authority, industry regulator or other relevant third party whom we are compelled or required to do so pursuant to any law, or if we have good faith belief that such disclosure is necessary to protect and/or defend our rights and interests or in connection with an investigation of fraud, infringement, piracy, tax avoidance and evasion or other unlawful activity;
potential acquirers and other stakeholders in the event of potential, proposed or actual business transfer, whether in whole or in part, sale of business, disposal, acquisition, merger, spin-off, joint venture, assignment, reorganisation of our business, assets or stock or similar transaction; and
any other party requested or authorised by you for the above purpose or any other purpose for which your personal data was to be disclosed at the time of its collection or any other purposes directly related to any of the above purposes.

Third parties are legally tasked with processing the personal data in line with the principles specified by us. Third parties are also held legally responsible for securing the personal data at an appropriate level of security in relation to applicable data protection laws and widely accepted industry standards.

6. Protection of Personal Data

We ensure that all appropriate confidentiality obligations and technical and organisational security measures are in place to protect the confidentiality and security of your personal data collected through the various methods described in this Privacy Policy to prevent any unauthorised access, unauthorised or unlawful alteration, disclosure or processing of such information and data, and the accidental loss or destruction of or damage to such information and data. Some of the security measures we put in place include but are not limited to:-

storing your personal data in systems that are protected by secured networks;
putting in place role-based access controls to limit access to such personal data only to employees who have a need to know this information for the purpose of performing their official duties, and authorised third parties who are contractually bound to take reasonable measures to keep your personal data secure;
regularly monitoring our systems for possible vulnerabilities and attacks, and regularly reviewing our information collection, storage and processing practices to update our physical, technical and organisational security measures; and
verifying the identities of users before they can access the personal data we maintain about them.

Compliance with these provisions will be required by all authorised third parties who may access the personal data as described above.

7. Your Rights

In respect of the personal data which you have submitted to us, you have the right at any time to:-

request for access to your personal data in our records;
request to make correction of your personal data in our records in the event the information is inaccurate, misleading, out-of-date or incomplete, upon validation and verification of the new information provided;
request to cease processing your personal data for the purposes of marketing;
object to the processing of your personal data, request to restrict or limit processing of your personal data, or request portability of your personal data;
withdraw your consent for us to continue processing your personal data; and
lodge an inquiry or complaint to a data protection authority about our collection and use of your personal data.

Should you wish to exercise any of the abovementioned rights and such right is recognised within your country, please write in to us using the contact information set out in the Contact Us section below. In respect of requests for access to or to make correction of your personal data in our records, such requests must be supported with submission of the relevant documents as required by us in person from time to time to the address in the Contact Us section below. We will only make appropriate corrections based on the verifiable/verification and updated information provided by you. When requested and if it is practical, we will delete identifying information from our current operation systems. Your request may also be subject to payment of a fee in accordance with applicable legal requirements.

With regard to the withdrawal of consent, you may withdraw, in full or in part, your consent given to us. This would include situations where you would like us to stop processing your personal data for marketing purposes.

You may request for deletion of your personal data by us, and we will use commercially reasonable efforts to honour your request. However, please note that we may be required to keep such information and not delete it for such period of time required by law or in order to fulfil our legal obligations. When we delete any information, it will be deleted from the active database but may remain in our archives. We may also retain your information for fraud prevention and detection or similar purposes.

Your exercise of any of the rights or withdrawal of consent referred to above is, in each case, subject to any applicable legal restrictions, contractual conditions, and a reasonable time period. Your withdrawal may also be subject to whether it would affect the operation of our business and our ability to meet our legal obligations.

We may also, in accordance with the data protection laws applicable to us, we refuse to comply with your request. If we refuse to comply with such request, we will inform you of our refusal and reason for our refusal.

8. Retention of Personal Data

The personal data you submit to us will only be retained for as long as is required for the purpose for which it was collected or as permitted by applicable laws.

Even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints. When we no longer need to use your personal data, it is removed from our systems and records or anonymised so that you can no longer be identified from it.

9. International Transfers of Personal Data

To provide our products and/or services, we may transfer your personal data on servers located in Malaysia or other jurisdictions where we deem it appropriate or desirable (unless applicable laws provide otherwise) for the purposes stated in this Privacy Policy. There may be a possibility that the data protection levels in other jurisdictions do not completely meet the requirements of the data protection laws in the country where you reside, but all such transfers are performed in accordance with the requirements of applicable laws.

10. Links to Other Websites or Applications

The Platform may contain links to websites of other third parties as references within scan reports. If you click on a link to any of these websites, you will leave the Platform and be redirected to the website you selected. As we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as us. We encourage you to review the privacy policy of these websites before providing any personally identifiable information.

11. Marketing and Promotions

We may use your personal data to market products, services, events, seminars, conferences, initiatives, and promotions and talks of ours (i.e., those of our subsidiaries, related and/or associated companies), our business partners, sponsors and/or advertisers. We may communicate such marketing to you by way of post, phone call, email, instant messages, including short message service (SMS), social media and/or any other appropriate communication channels, depending on what you have agreed to with us. If you wish to unsubscribe to the processing of your personal data for marketing and promotions, you may click on the “Unsubscribe” link in the relevant email or message you receive from us. Alternatively, you may contact us directly at the email address in the Contact Us section below. Please note that once we have received your request to unsubscribe, it may take up to fourteen (14) working days for us to process your request and to be reflected in our systems. Therefore, you may still receive marketing communications during this period of time. Please also note that, even if you opt-out from receiving marketing communications, you may still receive administrative communications from us, such as order or other transaction confirmations, and other important non-marketing related announcements.

12. Language

In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Privacy Policy, the English version shall prevail.

13. Amendments to Privacy Policy

ASI reserves the right to modify, update and/or amend this Privacy Policy at any time. We will take reasonable steps to ensure amendments to this Privacy Policy are communicated by posting all amendments prominently on the Platform and other places we deem appropriate for a reasonable period of time. Amendments to this Privacy Policy will be effective immediately once published on any of the Platform unless otherwise noted. We invite you to review this Privacy Policy periodically to be informed of any relevant amendments to it, especially before providing any information to us. Your continued access or usage of the Platform and/or providing your personal data to us, following any amendments to this Privacy Policy, indicates your consent to the practices described in the revised Privacy Policy. If you do not agree, you should immediately discontinue your use of the Platform, cease providing to us any of your personal data and notify us in writing in the manner described in the Your Rights and Contact Us sections.

14. Contact Us

If you have any feedback or questions about this Privacy Policy and the way we handle your personal data, or you wish to exercise any of your rights above, our contact details are as follows:-

Applied Security Intelligence Sdn. Bhd.
Email address: [email protected]
Contact no.: +603 6416 7234
9:00 AM to 6:00 PM, [MYT], Monday - Friday, excluding public holidays

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