Orbit by eSentral (Xentral Methods) applications provide end users with product that can be access and use anywhere and anytime. It is an entity that values integrity and confidentiality. Hence we are also responsible in how we use your data and information for the purpose of using our facilities.
Orbit by eSentral Application Privacy and Personal Data Protection Policy Statement
Xentral Methods (XM) protects your personal information by complying with the operative legislation concerning personal data protection in Malaysia, being the Personal Data Protection Act 2010 (“The Act”), which came into effect on 1st January 2013. This policy statement details how XM collects and uses your personal data, and informs you about the personal data protection measures we have put in place. When using our Service, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information only as described in this Privacy and Personal Data Protection Policy.
The Information We Collect
Unless you are registered for online services from XM, you remain anonymous when you browse this website. We do not collect personal information if you are only browsing this website. In order to access our services, or process a transaction between you and a third party, we may request personal information such as your name, phone number, and email address, and other information that renders you identifiable.
How We Collect Data
XM collects personal information from you only when you choose to register for and/ or use our services, for example in the process of using a digital product on our website. This personal information encompasses information communicated to us when you voluntarily complete an application form presented on our website that makes it possible to identify you. By volunteering personal information, you undertake to communicate accurate information that does not prejudice the interest of any third parties. We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics. We assume that you permit us to use functions of camera, microphone, accounts, or user data. Typical data that maybe collected are; first and last names, birth-date, email addresses, contacts, social media accounts, phone number, IMEI information, android device unique ID, Bluetooth address, financial information, shipping and billing addresses.
Use of Information
Upon giving us consent, we may collect and use for the following purposes:
Refer you to our newsletter service, and latest products.
To enable you to access and use XM’s services; and/or
To personalize and improve aspects of our overall service to you and our other users, as well as carrying out research such as analyzing market trends and customer demographics; and or
To communicate with you, in order to verify the personal information provided, or to request any additional information that is vital to fulfilling the service you have applied for; and/or
To send you information about products and services which we think may be of interest to you.
Passing on Information about You
XM may disclose and transfer personal data to third parties including institutions, whose products are listed on the XM website, and/ or their authorized representatives. These transactions will only be made with third parties that were consented by you, the user. At no point will we sell, distribute, or lease your personal information to third parties unless we have your permission, or are required to do so under the law.
Retaining Your Information
Collected information is retained for the period taken to carry out the data uses stated in section 4 above only. During this period, XM is committed to all reasonable efforts and practical steps to ensure that collected data is protected against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction. We undertake this to protect the confidentiality of your data to the purposes set out in section 4 only, and therefore to ensure your data privacy. We will ensure that your personal data is permanently deleted once it is no longer required to fulfill its original purpose, or as is required by the law.
Accessing Data and Ensuring Accuracy
XM takes all reasonable steps to ensure that your information is accurate, complete, not misleading and kept up-to-date, consistent with the purpose for which the information was collected. Please write to us if you would like to access or correct personal information that is inaccurate, incomplete, misleading or not up-to-date. We will use reasonable efforts to accommodate requests for access and information changes. Similarly, please contact us should you wish to withdraw consent for the use of your personal information.
Keeping You Informed
You agree that we shall be entitled to advise you via email, post, telephone or by text of products, services and other offers we think may interest you.
Whenever you provide us with personal information, we will give you an opportunity to tell us you do not consent to us and others using and sharing your information for marketing purposes. Unless you tell us otherwise, you are consenting to such uses.
Any electronic marketing communications we send you will include clear and concise instructions to follow should you wish to unsubscribe at any time.
Should you no longer wish to be contacted by us, you can advise us at any time by contacting us on +6 03 8311 9134 or by sending an email to firstname.lastname@example.org
You can also ask us at any time to stop passing your information to third parties for marketing purposes, which we will do.
Improving our Service to You
In order to ensure the Services we provide you continue to meet your needs we may ask you for feedback on your experience of using the website. Any feedback you provide will only be used as part of our program of continuous improvement and will not be published on the website.
Third party providers and data privacy
Website Browsing and Cookies
A cookie is a very small text file placed on your computer. Cookies help us to:
understand browsing habits on this Website;
understand the number of visitors to this Website and the pages visited; and
remember you when you return to this Website so we can provide you with a better browsing experience.
Most cookies are deleted as soon as you close your browser, these are known as session cookies. Others, known as persistent cookies, are stored on your computer either until you delete them or they expire. By using this Service, you consent to us using cookies.
This website uses the following cookies:
Google Analytics & Piwik: Analytics cookie allows us to see information on user website activity including, but not limited to page views, referral and average time spent on the website. The information is de-personalised and is displayed as numbers, meaning it will not be tracked back to individuals, which helps to protect your privacy. Using analytics we can see what content is popular on our website, and strive to ensure you have the best user experience possible.
DoubleClick: We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on the website. This allows us to provide targeted advertising in the future.
You can choose to block or delete cookies through your browser settings. If you decide to block or delete our cookies, you will not be able to benefit from the full range of our Services and this may affect the performance of our website on your system.
Changes to This Policy
Contacting Us about This Policy
Xentral Methods Sdn Bhd (XM)
4801-1-7, CBD Perdana
Telephone: +6 03 83119134
Author Agreement for Orbit by eSentral Facilities
Orbit by eSentral may from time to time modify these terms. If you do not agree to (or cannot comply with) the Agreement as amended, you agree that your only remedy is to stop using the service and, if applicable, cancel your subscription. You will be deemed to have accepted the Agreement as amended if you continue to use the service after any amendments are posted.
ACCEPTANCE OF TERMS
You acknowledge that you have read, and agree to be bound by these Terms & Agreement. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. You represent that you have the legal authority to accept these Terms & Agreement on behalf of yourself or any party you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use Orbit by eSentral.
DESCRIPTION OF SERVICE
Orbit by eSentral prepares authors with service to digitize manuscripts to an acceptable digital standard, and metadata management system. Orbit by eSentral also prepares other services for authors such as application for an account with National Library of Malaysia, and application for ISBN, as well as cataloging. Orbit by eSentral may expand or extract the services provided in Orbit from time to time.
The service allows you to publish as many e-books and audiobook as you want. Author agrees to use, upload and publish e-books and audiobook to be distributed on eSentral according to the terms and conditions of this Agreement. As between author and eSentral, author shall be solely responsible for coordination and arrangement of the e-book or audiobook, the design, layout, look, appearance, graphics, contents and the initial retail pricing of e-books or audiobook. Any elements related to any e-book or audiobook's content are under the exclusive responsibility of the author.
USE OF THE SERVICE
CHARGES AND BILLING:
Orbit by eSentral may, in its discretion, post charges to your billing payment method individually or may aggregate your charges with other purchases you make on the service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All retail prices quoted for your e-books and audiobooks within eSentral are subject to change by you with our permission.
You agree that any submissions you make for your electronic publication constitute your intent and agreement to be bound by the terms.
Certain e-books and audiobooks may contain explicit content unsuitable for minors. Orbit by eSentral shall have no liability or responsibility to you for any content that may be available in your e-books and audiobooks that might be objectionable.
Author must meet the following criteria:
a. Author's files are permanently available to end-users and meets technical and graphical state of the art expectations;
b. Author does not knowingly include any virus or other destructive programming or device that could impair or injure any data, computer system or software;
c. Author does not knowingly violate any applicable laws or regulations, including without limitation, false or deceptive or comparative advertising laws, gaming and gambling laws, competition laws, and criminal laws;
d. Author does not contain content that is defamatory, violates any rights of privacy or publicity or constitutes a misrepresentation;
e. Author does not produce or contain porn content;
f. The content of author does not and will not infringe any Intellectual Property Rights or other proprietary rights;
g. Author does not engage in, promote or knowingly facilitate activities such as pirating, hacking or any other activities which are illegal;
h. Author will use all reasonable endeavors not to include on the site those types of content forbidden such as hate content, racist content, obscenity and indecency, bombs/guns/ammunition, spyware, unauthorized code request;
i. Author should operate a policy that complies with applicable law in respect of unlawful activity or content contributed to Orbit by eSentral.
COPYRIGHT AND TRADEMARK
You understand and agree that eSentral is not a copyright holder of e-books or audiobooks listed, nor does eSentral ever take possession for any e-books and audiobooks purchased on the website. eSentral respects the intellectual property rights of others and expects you to do the same. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the service are the property of their respective owners.
eSentral will bank all deposited contents in its dedicated server, and promises to keep these contents safe from any form of destruction and abuse or infringement of copyrights of the contents. eSentral and its employees are disallowed from redistributing these products via different means beside the agreed website portal.
eSentral will only communicate with you as the account holder, ie author. eSentral has no responsibilities over any agreement that author enters with unrelated parties.
SUBMITTING MATERIALS, REVIEWS AND FEEDBACKS
By submitting any materials, feedback, data, questions, reviews, comments, suggestions or the like ("Feedback") to the website, you automatically grant (or warrant that the owner of such rights has expressly granted) eSentral systems a perpetual, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such Feedback or incorporate such Feedback into any form, media or technology now known or later developed throughout the universe.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If eSentral receives a notice alleging that you have engaged in behaviour that infringes eSentral's or other's intellectual property rights or reasonably suspects the same, eSentral may suspend or terminate your account without any notice to you. If eSentral suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
DIGITAL RIGHTS MANAGEMENT (DRM)
Digital Rights Management poses one of the greatest challenges for content communities in this digital age. Your participation towards Digital Rights Management provides some barrier to unauthorized exploitation of content. Our Digital Rights Management (DRM) focused on security and encryption as a means of solving the issue of unauthorized copying, which is, lock the content and limit its distribution to only those who pay. You have the option to use the proprietary DRM system provided by eSentral or from other DRM providers which eSentral has integrated with. In the case where you agree to choose the DRM system other than the proprietary, surcharges may be imposed. Additionally, it is important to note that DRM is the "digital management of rights" and not the "management of digital rights". That is, DRM manages all rights, not specifically for rights applicable to permissions over digital content.
eSentral is not responsible for any e-book which the DRM is hacked or decrypted by a member of the public. eSentral is also not responsible for the illegal distribution of decrypted ebooks. eSentral will do its best to take action against member/s of the public whom are known to have involved themselves with illegal activities of hacking, decryption or illegal distribution and file sharing of contents which are sold via the website portal, and if necessary, use legal avenues to resolve the matters if found appropriate. eSentral will only take action for its proprietary DRM.
PROMOTIONS AND ADVERTISING
eSentral and/or its business partners may present advertisements or promotional materials on or through the service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the service are solely between you and such third-party. You agree that eSentral shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the service.
PRICING AND DISCOUNTING
eSentral requires that the price for the same content which carries the same title and cover page as well as all the elements, which are sold in other e-book or audiobooks portals including publisher's portal in Malaysia, must be of the same price or higher. eSentral have the rights to terminate e-books or audiobooks as well as the publisher's account which violates the pricing and discounting terms by selling the same e-book products at lower promoted digital price elsewhere in the country.
Discounting in eSentral can be done by you or eSentral management. For any discounting performed by publishers and eSentral which involves e-books or audiobooks sold via eSentral, must compulsorily be felt by the consumer, as well as be taken off from the percentage portion of the party instigating the discount. Publishers are prohibited in providing discounts on their digital contents in Malaysia without including eSentral in the campaign. The remedy to this violation can result to termination of publisher's account.
TRADE DISCOUNTS ALA CARTE
Trade discount for ala carte in eSentral is transparent and identical for every account holders.
From the retail price that you strategically set for the digital market, author will take back:
50% of the e-book retail price and library if the e-book or audiobook is price between RM1.00 and above.
TRADE DISCOUNTS SUBSCRIPTION
Authors have the option to participate in subscription model of sales.
Via subscription program, 50% of the monthly subscription fees will be contributed to author’s royalty pool.
From the royalty pool, eSentral algorithm for book halves will be generated and authors will be paid according to halves of the content that is or are consumed.
E-Book or audiobook retail price does not play a role, but the length of each e-Books and audiobooks will be segregated into a same pool.
SALES PARTNERS & LINKS TO THIRD-PARTY SITES
e-Sentral will have sales partners and affiliations with other business and platform who will sell author's content via cross selling, commission base application programming interface, or rebate using e-Sentral technology. In this instance, e-Sentral will act as the service provider to the Sales Partner, for the purpose of sales. At all time, author's content will only be in e-Sentral server and contents are still subjected to e-Sentral DRM and e-Reader application. Sales Partner programmes requires an additional discount between 10% and 15% of the standard trade discount offered to author. Author will have the choice to opt out of Sales Partner programmes.
The service may present links to third-party websites not owned or operated by eSentral. eSentral is not responsible for the availability of these sites or their contents. You agree that eSentral is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
Sales earnings will be reported on a monthly basis. Payments are made within 30days after the reporting of earnings. For local publishers and content suppliers, payment will only be made if sales have accumulated to RM300 or more.
MODIFICATIONS TO SERVICE
eSentral reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
You agree to indemnify and hold harmless eSentral and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the service and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. Should eSentral find any application to be fraudulent, eSentral has the rights to refuse, and any loss to the applicant shall not be reimbursed.
eSentral may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or eSentral reasonably suspects that you have breached) any provision of this Agreement. If eSentral terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and eSentral will not refund any amounts that you have previously paid. You understand and agree that your cancellation of your account and service membership is your sole right and remedy with respect to any dispute with eSentral. All due payments will remain payable to you after termination.
You understand and agree that your use of the service is at your own sole risk. The service is provided "as is" and without warranty by esentral or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers, as applicable, and, to the maximum extent allowed by applicable law, esentral expressly disclaims all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of noninfringement. The esentral entities do not warrant, guarantee, or make any representations regarding the use or the results of the use of the products with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold esentral responsible for any damages that result from you accessing (including any software or systems you use to access) the service or using the products including, but not limited to, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to any of the esentral entities. Under no circumstances shall esentral be liable for any unauthorized use of the service.
Under no circumstances shall esentral be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the products, even if esentral has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, esentral shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with eSentral with respect to your use of the service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of eSentral, and the remaining portions shall remain in full force and effect.
There are several Acts which may regulate Malaysian e-business as a portal to distribute ebooks:
1. ACT 80 National Library Malaysia 1972 - an extension of this act require all digital publication coming from Malaysia to have its own ISBN or ISSN serial number which should be a unique ID to the physical publication if any. Our portal will request that all publishers and content providers to have submitted the relevant ISBN and ISSN serial number, however under our terms and agreement, it is the sole responsibility of publisher and content provider to apply and submit for ISBN and ISSN serial numbers for their digital products.
2. ACT 332 COPYRIGHT 1987 - The portal must respect all copyrights of contents and digital publication which are sold for monetary exchange and do its best to avoid copyrights infringements by public users. Although eSentral provides a DRM solutions which should keep safe the product from file sharing, the clause stated in our terms and agreement that there is indemnity to us should there be any trespass of copyrights if our DRM is decrypted.
3. Deposit of Library Material Act 1986 (Act 331)
The Act make it compulsory for publishers to deposit their publications with the National Library of Malaysia through National Publications Depository Centre. Act 331 has been enforced since 15 April 1987 and its objectives is to provide for the conservation and use of library materials published in Malaysia, to create standard bibliographic record of library material published in Malaysia and to maintain statistical records of library material published in Malaysia.
The legal deposit requirement has been in place since the Straits Setllements Book Ordinance 1886, FMS Books Enactment (F.M.S Cao 90) 1916, Preservation of Book Ordinance 1950 and the Preservation of Books Act 1966. The materials received will form National Collection that reflects the intellectual heritage of our people, literature, culture, knowledge, intellect and etc.