PRIVACY NOTICE
REFRESH LEARNING
Given under section 7 of the Personal Data Protection Act 2010
Version 1.0
This Notice is issued in English and Bahasa Malaysia. Both versions are given under section 7(3) of the Personal Data Protection Act 2010 and are of equal standing. If there is any inconsistency between them, the Bahasa Malaysia version prevails. Notis ini juga tersedia dalam Bahasa Malaysia di refreshlearning.com.my/privacy.
1. WHO WE ARE
1.1 Refresh Learning Enterprise (Business Registration No. 202603198047 (CA0425093-K)), a partnership registered under the Registration of Businesses Act 1956 ("Refresh Learning", "we", "us") is the data controller of the personal data described in this Notice. We decide why and how your personal data is processed.
1.2 We operate the Refresh Learning platform at refreshlearning.com.my, which provides study and revision material for the Certificate in Legal Practice and other law examinations.
1.3 How to contact us about your personal data.
| E‑mail | support@refreshlearning.com.my |
| Telephone | +60 11-5503 0869 |
We aim to acknowledge every privacy query promptly and to respond substantively within twenty‑one (21) days, which is the period allowed for a data access request under section 31 of the Act. Where the Act allows us longer, we will tell you before the 21 days expire and explain why.
2. THAT WE PROCESS YOUR PERSONAL DATA
2.1 In accordance with section 7(1)(a) of the Personal Data Protection Act 2010, we notify you that your personal data is being and will be processed by us and on our behalf in connection with your account and your use of the platform. A description of that personal data is set out in Clause 3.
3. WHAT WE STORE
3.1 We collect and store the following categories of personal data. The "Must you provide it?" column is given under sections 7(1)(g) and 7(1)(h) of the Act.
(a) Information you give us
| What | Why we need it | Must you provide it? | If you don't |
|---|---|---|---|
| Full name | To identify your account, address you correctly, and issue receipts | Obligatory | We cannot create your account |
| E‑mail address | Your login identifier; account, billing and service messages; password resets | Obligatory | We cannot create your account |
| Password | To secure your account, stored only as a one‑way cryptographic hash, never in readable form | Obligatory | We cannot create your account |
| Mobile / WhatsApp number | Account security, service notices, and support | Voluntary | Nothing, your account works without it, but we cannot reach you by WhatsApp or SMS about it |
| Billing name and address | To issue a valid tax invoice or receipt | Obligatory for paid plans | We cannot process your payment |
| Your examination or study details, e.g. the examination you are sitting, your intake or sitting, your university or institution | To give you the right subject library, the right syllabus version and relevant guidance | Voluntary | You may see material that is not relevant to your sitting |
| How you heard about us | To understand which of our channels work | Voluntary | Nothing, your account is unaffected |
| Support correspondence, your e‑mails, chat messages and tickets, and our replies | To answer you and keep a record of what was agreed | Voluntary | We may be unable to assist you |
(b) Information created as you use the platform
| What | Why we need it | Must you provide it? |
|---|---|---|
| Your study activity, modules opened, topics viewed, videos watched and progress, flashcards reviewed and scheduling data, time spent | To run the study features (progress tracking, spaced repetition, resume‑where‑you‑left‑off) and to show you your own dashboard | Generated automatically by use |
| Your answers, essays, notes, annotations and question attempts, and your scores | To mark, score and give you feedback, and to show your progress over time. If we introduce AI-assisted marking, your work will be processed as described in Clauses 4.2(d), 7.1 and 8 | Generated automatically by use |
| Your posts and comments in any community or discussion feature | To operate that feature | Only if you use it |
| Purchase and subscription records, what you bought, when, the amount, the payment status, the last 4 digits and card brand or e‑wallet name returned to us by the payment provider, invoice and receipt numbers | To give you access to what you paid for, to answer billing queries, and to comply with the Income Tax Act 1967 and the Service Tax Act 2018 | Generated automatically on purchase |
(c) Technical information collected automatically
| What | Why we need it | Must you provide it? |
|---|---|---|
| IP address, approximate location derived from it (country / state level), device type, operating system, browser type and version, device or session identifiers | Security, fraud prevention, and detecting account sharing under Clause 7.1(a) of the End User Licence Agreement. If you take a free trial, we also compare this technical data against our records of past and existing accounts in order to check that you have not already had a trial, as Clause 5.3 of that Agreement requires | Collected automatically as you use the platform; the platform cannot run without it |
| Log data, dates and times of login, logout, failed login attempts, pages and endpoints accessed, errors | Security, incident investigation, and diagnosing faults | Collected automatically as you use the platform; the platform cannot run without it |
| Cookies and similar technologies | See Clause 9 | Collected automatically as you use the platform; the platform cannot run without it |
(d) Consent records
| What | Why we need it | Must you provide it? |
|---|---|---|
| A record of the version of the End User Licence Agreement and this Privacy Notice you accepted, the date and time, your IP address and which optional consents you gave or withdrew | To prove that valid notice was given and valid consent obtained, as we are required to record under section 44 of the Act | Collected automatically as you use the platform; the platform cannot run without it |
3.2 If you are on a free trial. A free trial account is an ordinary account for the purposes of this Notice. We collect and process the same personal data described above, for the same purposes, with three differences:
- (a) we do not ask you for billing details, because you are not paying us;
- (b) we check that you have not had a trial before. Clause 5.3 of the End User Licence Agreement limits a trial to one per person rather than one per e-mail address, and the only way to give effect to that is to compare the name, e-mail address and technical data of a new applicant against our records of past and existing accounts. If that comparison suggests you have already had a trial, we may refuse or cancel it; and
- (c) your account and your data do not disappear when the trial ends. The trial ends, but the account and the personal data in it are kept for the periods set out in Clause 10.1, the same as for any other account. If you want it removed sooner, close your account or write to us.
3.3 What happens if you breach the Agreement during a trial. Clause 5.2 of the End User Licence Agreement applies the restrictions in Clause 7 to a free trial in exactly the same way as to a paid subscription, and Clause 5.6 allows us to end a trial and to refuse you any future trial. To give effect to a refusal we keep a limited record identifying the account concerned, see the last row of Clause 10.1. Sharing your login, or copying or distributing the material, has the same consequences on a trial as on a paid plan.
4. WHAT WE DO NOT STORE
4.1 So that you know clearly where the limits are, we confirm that we do not collect or store the following:
| We do NOT store | Explanation |
|---|---|
| Your full payment card number, expiry date or CVV | Payment is taken on the systems of our payment provider (HitPay). Your card details are entered on their page and go directly to them. We receive only a transaction reference, the outcome, the amount, and the last four digits and card brand. |
| Your online banking username, password, TAC or OTP | We never ask for these. If anyone claiming to be Refresh Learning asks you for them, it is a scam, please report it to us. |
| Your account password in readable form | Passwords are stored only as a salted one‑way hash. We cannot see, retrieve or tell you your password, we can only reset it. |
| Your NRIC number or passport number | We do not require it to provide the service. |
| Sensitive personal data: information about your physical or mental health, political opinions, religious or other beliefs, the commission or alleged commission of any offence, or biometric data | We do not ask for it and we do not want it. Please do not send it to us. If you do send it unsolicited, we will delete it, unless we are required to keep it under Clause 10.1. (Sensitive personal data may only be processed under section 40 of the Act.) |
| Recordings of you: webcam video, photographs of you, voice recordings or any form of remote proctoring | We do not proctor, monitor or record you. |
| Precise GPS location | We derive only an approximate country or state from your IP address, for security. We do not request device location permission. |
| Your contacts, photos, files, messages, call logs or other content on your device | We do not request access to them. |
4.2 We also confirm, as a matter of policy:
- (a) We do not sell, rent or trade your personal data. Not to advertisers, not to data brokers, not to other course providers, not to recruiters or law firms. The only exception is that the customer database may pass to a purchaser or successor on a sale or reorganisation of the whole business, as described in Clause 7.1, in which case the Act continues to apply to it.
- (b) We do not share your identity, your results or your progress with your university, your employer, any examining body or any regulator, unless you ask us to in writing or we are required to by law or court order.
- (c) We do not publish your name, any photograph you give us, your results or your work as a testimonial without asking you separately at the time and obtaining your written consent.
- (d) We do not currently send anything you write to any artificial-intelligence service. We intend to introduce AI-assisted marking and feedback. When we do, your answers, essays and questions will be sent to that service only to produce your result, under a contract that prohibits it from using your data to train its own models, and we will say so here before it starts. We do not sell or supply your personal data to anyone for the purpose of training artificial intelligence, and we will not use your work to train any model of our own without telling you first and asking for your consent.
5. WHY WE PROCESS YOUR PERSONAL DATA, AND ON WHAT BASIS
5.1 We process personal data only for lawful purposes directly related to our business, and only to the extent adequate and not excessive for those purposes, as required by section 6(3) of the Act.
| Purpose | Lawful basis under the Act |
|---|---|
| Creating and administering your account; giving you access to the material you bought; running the study, progress and marking features; providing support | Necessary for the performance of a contract to which you are a party: section 6(2)(a) |
| Taking payment, issuing invoices and receipts, handling refunds and chargebacks | Section 6(2)(a) |
| Keeping accounting and tax records | Necessary for compliance with a legal obligation: section 6(2)(c) (Income Tax Act 1967; Service Tax Act 2018) |
| Security, fraud prevention, detecting and investigating breaches of the End User Licence Agreement including account sharing | Section 6(2)(a), and section 45(2)(a) where the processing is for the prevention or detection of crime |
| Checking that a free trial applicant has not already had a trial, and giving effect to a refusal of any further trial | Necessary for the taking of steps at your request with a view to entering into a contract: section 6(2)(b); and section 6(2)(a) once you have an account |
| Improving the platform and the study material, using aggregated or anonymised data | Section 6(2)(a); once irreversibly anonymised the data is no longer personal data |
| Responding to a request, complaint or legal claim | Section 6(2)(a); and section 6(2)(e) where the matter concerns the administration of justice or a legal claim |
| Sending you marketing: study tips, new course announcements, offers | Your consent: section 6(1)(a). Separate, optional, and withdrawable at any time |
| Non‑essential analytics cookies | Your consent: section 6(1)(a) |
5.2 An important distinction. The processing needed to actually deliver the platform to you rests on contract, not consent. That means you cannot be locked out of what you have paid for by a consent question, and equally that withdrawing consent to marketing does not affect your access. Consent is used only where the processing is genuinely optional, and it is always asked for separately and never pre‑ticked.
5.3 New purposes. If we later wish to use your personal data for a purpose that is not set out in this Notice and is not directly related to a purpose set out here, we will give you a fresh notice and, where required, obtain your consent first, in accordance with sections 7(2)(c) and 8 of the Act.
6. WHERE YOUR PERSONAL DATA COMES FROM
6.1 In accordance with section 7(1)(c) of the Act, we tell you the sources of your personal data. We collect personal data:
- (a) directly from you: when you register, place an order, use the platform, contact us, or respond to a survey;
- (b) automatically from your use of the platform, as described in Clause 3(b) and 3(c);
- (c) from our payment provider: the outcome of your payment, the amount, and the last four digits and brand of your card; and
- (d) from the person who bought your access, where an employer, firm, institution or family member purchases a subscription for you, in which case we receive your name and e‑mail address from them.
6.2 We do not buy personal data, and we do not enrich your record from data brokers or social media scraping.
7. WHO WE DISCLOSE YOUR PERSONAL DATA TO
7.1 In accordance with section 7(1)(e) of the Act, the classes of third parties to whom we disclose or may disclose your personal data are:
| Class of third party | What they receive | Why |
|---|---|---|
| Cloud hosting and database providers | Everything stored on the platform | To host the platform and your data |
| Payment gateways and merchant acquirers | Your name, e‑mail, billing details, amount | To take payment and handle refunds and chargebacks |
| E‑mail, SMS and messaging delivery providers | Your name, e‑mail address and/or mobile number, and the message content | To deliver account, service and (if you consented) marketing messages |
| Analytics, error‑monitoring and performance providers | Usage and technical data; identifiers | To keep the platform working and improve it |
| Video hosting and streaming providers | Viewing activity, technical data | To deliver video lessons |
| Artificial-intelligence and machine-learning service providers (not yet engaged; notified in advance under section 7(1)(e), which covers third parties to whom we "may disclose") | The text of your answers, essays, question attempts and support messages | To generate marking, scoring and written feedback once that feature is introduced. Your work would be sent only to produce your result, under a contract prohibiting use of it to train their own models |
| Customer support / helpdesk providers | Your correspondence and account identifiers | To handle your queries |
| Our accountants, tax agents, auditors and professional advisers, including our lawyers | Only what is necessary | Accounts, tax filings, and legal advice |
| Banks and financial institutions | Transaction data | Banking and reconciliation |
| Regulators, law enforcement, courts and government authorities | Only what is required | Where required or authorised by law or court order (sections 39 and 45 of the Act) |
| A purchaser or successor of our business, or a company or limited liability partnership into which our firm is converted | Account and transaction records | On a sale, transfer or reorganisation of the business, subject to the Act |
7.2 Each service provider in the first six rows above is engaged as our data processor, is bound by a written contract, and may use your personal data only on our instructions and for the purpose we specify. They may not use it for their own purposes. The remaining classes (our professional advisers, banks, regulators, law enforcement and the courts, and any purchaser or successor of our business) receive personal data as independent data controllers in their own right, and their use of it is governed by their own legal and professional duties and by the Act.
7.3 Section 7(1)(e) of the Act requires us to notify you of the classes of third parties to whom we disclose or may disclose your personal data. Clause 7.1 sets out those classes. If you have a question about any of them, write to us at support@refreshlearning.com.my.
7.4 Subject to Clause 7.1, we do not disclose your personal data to any other party without your consent, as required by section 8 of the Act.
8. TRANSFERS OUTSIDE MALAYSIA
8.1 Some of our service providers store or process personal data on servers outside Malaysia (for example in Singapore, the European Union or the United States). Cross‑border transfer is governed by section 129 of the Act.
8.2 Where we transfer your personal data outside Malaysia we do so only where one or more of the following applies:
- (a) the receiving place has in force a law substantially similar to the Act, or otherwise ensures a level of protection at least equivalent to the Act;
- (b) the transfer is necessary for the performance of the contract between you and us, for example because the hosting or payment infrastructure that delivers the platform is located there;
- (c) we have taken reasonable precautions and exercised due diligence to ensure the data will not be processed in a manner that contravenes the Act, including by binding the recipient under contract to standards equivalent to the Act; or
- (d) the transfer is for the purpose of any legal proceedings, for obtaining legal advice, or for establishing, exercising or defending legal rights; or
- (e) you have consented to the transfer.
8.3 Where we transfer your personal data outside Malaysia, we do so only on one or more of the bases in Clause 8.2, and we satisfy ourselves that the basis applies before the transfer is made. If you have a question about a particular transfer, write to us at support@refreshlearning.com.my.
9. COOKIES AND SIMILAR TECHNOLOGIES
9.1 We use:
- (a) strictly necessary cookies: to keep you logged in, to keep your session secure and to remember your basic preferences. The platform cannot work without these, and they are used on the basis of section 6(2)(a); and
- (b) analytics and performance cookies: to understand how the platform is used so we can improve it. These are optional and are set only if you consent through our cookie banner. You may change or withdraw that consent at any time at support@refreshlearning.com.my.
9.2 We do not currently use advertising, retargeting or cross‑site tracking cookies. If we introduce them, we will update this Notice, tell you before the change takes effect, and ask for your consent before setting any such cookie, they will never be switched on by default.
10. HOW LONG WE KEEP YOUR PERSONAL DATA
10.1 Section 10 of the Act requires that personal data is not kept longer than necessary, and that it is destroyed or permanently deleted when no longer required. Our retention periods are:
| Category | Retention period | Reason |
|---|---|---|
| Account details and profile | For as long as your account is open, then twelve (12) months after closure | To let you reopen or reactivate, and to deal with any late query |
| Study activity, answers, progress and scores | For as long as your account is open, then twelve (12) months after closure | So that you keep your history while you are a user |
| Purchase, invoice, receipt and payment records | Seven (7) years from the end of the year to which the income relates | Required under section 82 of the Income Tax Act 1967 and the Service Tax Act 2018 |
| Support correspondence | three (3) years from the date the matter is closed | To deal with any follow‑up or dispute |
| Security and access logs | twelve (12) months | Security and incident investigation |
| Consent and notice‑acceptance records | seven (7) years after the consent ends | To evidence that valid notice was given and valid consent obtained, and to support our records under section 44 of the Act |
| Marketing contact details and preferences | Until you withdraw consent, then we retain only a suppression record (your e‑mail address in hashed form, and the fact that you opted out) for as long as is necessary to give effect to your withdrawal | So that we do not accidentally contact you again |
| A record of an account whose trial we ended for breach, or which we have refused a further trial (your e‑mail address in hashed form, and the fact and date of the refusal) | For as long as the refusal stands | So that a refusal under Clause 5.6 of the End User Licence Agreement can actually be given effect, and so that we do not have to keep your full account record in order to do it |
| Personal data we are required to retain by law, or that is relevant to a live or anticipated legal claim | Until the requirement or the claim ends | Legal obligation; establishing or defending legal rights |
10.2 When a retention period ends we delete the personal data or irreversibly anonymise it. Anonymised and aggregated statistics (from which you cannot be identified) may be kept indefinitely; they are not personal data.
10.3 Data deleted from the live system may remain in our backups for a short period until those backups are overwritten, after which it is gone.
11. HOW WE PROTECT YOUR PERSONAL DATA
11.1 In accordance with the Security Principle in section 9 of the Act, we take practical steps to protect personal data from loss, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction. These include:
- (a) encryption of data in transit (HTTPS/TLS) and encryption of data at rest;
- (b) passwords stored only as salted one‑way hashes;
- (c) access to personal data restricted to those partners and personnel who need it for their role, on a least‑privilege basis, with individual named accounts and multi‑factor authentication;
- (d) written contracts with every data processor requiring equivalent security, and due diligence before engagement;
- (e) logging of access, regular backups, and periodic review of accounts and permissions;
- (f) obligations of confidentiality on our partners, employees and contractors, which continue after they leave; and
- (g) a documented procedure for responding to a personal data breach.
11.2 Data integrity. Under section 11 of the Act we take reasonable steps to keep your personal data accurate, complete, not misleading and up to date. Please keep your account details current, and tell us if anything changes.
11.3 If there is a breach. If a personal data breach occurs, we will notify the Personal Data Protection Commissioner and, where the breach is likely to cause you significant harm, we will notify you, in each case within the time and in the manner required by the Act and the Commissioner's requirements.
11.4 No system is perfect. We cannot guarantee absolute security, and transmission over the internet is never entirely free of risk. Please use a strong, unique password, keep it to yourself, and enable two‑factor authentication where offered.
12. IF YOU ARE UNDER 18
12.1 The platform is intended for adults preparing for professional legal examinations. If you are under 18, you may use it only where your parent or legal guardian holds the account, has read this Notice and has consented to the processing of your personal data.
12.2 The platform is intended for adults and we do not seek data about children. We do not knowingly collect personal data from a child except as set out in Clause 12.1, and never without that consent. If you believe we hold personal data about a person under 18 without proper consent, contact us at support@refreshlearning.com.my and we will delete it.
13. YOUR RIGHTS
13.1 Under the Personal Data Protection Act 2010 you have the following rights. We do not charge for exercising them, except as stated.
| Your right | What it means | How to use it |
|---|---|---|
| Access: sections 12 and 30 | To be told whether we hold personal data about you, and to be given a copy of it | Write to support@refreshlearning.com.my. We will respond within 21 days. A prescribed fee may be charged for a data access request; we will tell you before we do |
| Correction: sections 12 and 34 | To have inaccurate, incomplete, misleading or out‑of‑date personal data corrected | Most details can be corrected yourself in your account settings. Otherwise write to support@refreshlearning.com.my |
| Withdraw consent: section 38 | To withdraw, at any time, any consent you gave, for example to marketing | Click "unsubscribe" in any marketing e‑mail, change your settings, or write to support@refreshlearning.com.my. We must stop that processing on receiving your notice. Where our processing rests on our contract with you rather than on your consent, there is no consent to withdraw and your access is unaffected; if you wish to end the service itself, close your account |
| Stop direct marketing: section 43 | To require us to stop, or not to begin, processing your personal data for direct marketing | As above. There is no charge and no conditions |
| Prevent processing likely to cause damage or distress: section 42 | To require us to stop processing that is causing, or likely to cause, substantial and unwarranted damage or distress to you or another. This right does not apply where you consented, or where the processing is necessary for our contract with you or for a legal obligation, section 42(2) | Write to support@refreshlearning.com.my setting out why. We must respond within 21 days |
| Data portability | To require that your personal data be transmitted to another data controller, where technically feasible and in a commonly used format | Write to support@refreshlearning.com.my. |
| Complain | To complain to us, and to complain to the Commissioner | See Clause 14 |
13.2 Choices and means of limiting processing (section 7(1)(f) of the Act). In addition to the rights above, you may limit our processing by: unsubscribing from marketing; declining or withdrawing optional cookie consent; leaving voluntary profile fields blank; not using the optional community features; and closing your account. Each of these is available without affecting your access to the material you have paid for, except where stated. You can also limit the processing of personal data about other people by not including their information in your posts, essays or support messages, and you may ask us to remove such information at any time.
13.3 Verifying who you are. Before acting on a request we will take reasonable steps to verify your identity, so that we do not disclose your data to someone else. We may ask you to make the request from the e‑mail address registered to the account.
13.4 When we may refuse. We may refuse a request in the circumstances set out in sections 32 and 36 of the Act, for example where complying would disclose personal data about another individual who has not consented. If we refuse, we will tell you in writing, give our reasons, and tell you how to complain.
14. HOW TO COMPLAIN
14.1 Complain to us first. Please write to support@refreshlearning.com.my. We will acknowledge your complaint promptly and respond substantively within twenty‑one (21) days.
14.2 Complain to the regulator. If you are not satisfied, you may complain to:
Jabatan Perlindungan Data Peribadi (Department of Personal Data Protection) Kementerian Digital, Malaysia Website: www.pdp.gov.my
14.3 You may also, where applicable, appeal to the Appeal Tribunal constituted under Part VII of the Act.
15. CHANGES TO THIS NOTICE
15.1 We may update this Notice. The current version and its version number are always published at refreshlearning.com.my/privacy. The version that applies to you is the one you accepted when you created your account, which we record and confirm to you by e‑mail.
15.2 If we make a material change (in particular a new purpose, a new class of recipient, or a new category of data collected) we will notify you by e‑mail at least fourteen (14) days before it takes effect, and where the change requires your consent under the Act we will obtain that consent separately. We will not treat your continued use of the platform as consent to a material change.
REFRESH LEARNING ENTERPRISE
Business Registration No. 202603198047 (CA0425093-K)
Version 1.0
This Notice is given in English and Bahasa Malaysia under section 7(3) of the Personal Data Protection Act 2010.