Court documents show MySejahtera app had plans to expand business, says watchdog
SHAH ALAM - A medical watchdog says court documents show MySJ Sdn Bhd is the owner of the MySejahtera app, and they had plans to expand business.
CodeBlue citing August 27, 2021 shareholders' agreement states MySJ’s business “to become a serious technology company with growth potential for listing in the near future as the owner of the MySejahtera application, which is capable of being a one-stop portal or application that allows users to access multiple commercial opt-in services within the application”.
The website further states the shareholders’ agreement between Revolusi Asia, and Entomo Malaysia and Raveenderen Ramamoothie (Entomo founder and group CEO) to undertake within 12 months from the date of the agreement to procure the registration of all registrable IP in and to the MySejahtera app in MySJ’s name.
They would also undertake, within a year from the agreement, to help MySJ establish its own dedicated team to develop API gateways, data connection to the MySejahtera app, and generally to develop its “unlimited commercial services modules on the existing MySejahtera application”, CodeBlue further reported.
It said agreement further highlights the objective by Revolusi Asia, and Entomo Malaysia and Raveenderen to scale up MySJ’s business.
On March 31, Health Minister Khairy Jamaluddin had said that data and information collected through the MySejahtera Covid-19 contact tracing application are under the custody of the government and not a third party.
Addressing the Dewan Negara, Khairy guaranteed that all data stored in the MySejahtera database will be preserved and used only for the purposes of Covid-19 pandemic response by the Health Ministry.“The use and management of MySejahtera data are subject to the Prevention and Control of Infectious Diseases Act of 1988 [Act 342], the Medical Act of 1971 [Act 50], and international standards,” he said.
Software licence agreement
CodeBlue added according to the August 27, 2021 share sale agreement for MySJ, the OEM software licence agreement between Entomo Malaysia and MySJ grants MySJ an exclusive, sub-licensable, and perpetual licence to the MySejahtera app, as well as a non-exclusive, non-transferable, non-sublicensable right and perpetual licence to use the KPISoft software.
"However, Entomo is the “developer and legal and beneficial owner of the KPISoft software” CodeBlue states.
In the share sale agreement, MySJ is described as the “owner of the platform”, through which the MySejahtera app operates, for the Malaysian government to manage the Covid-19 outbreak.
The share sale agreement also states that MySJ is the “legal and beneficial owner of all rights, title and interest, including intellectual property rights in the MySejahtera application and all related technology, knowledge, know-how, updates/ upgrades, and trade secret in relation to the MySejahtera application.”
MySJ “is and shall be the legal and beneficial owner of all rights, title and interest in and to such additions, enhancements, changes, modifications, including introduction of new or changes in features to the MySejahtera application or made to the KPISoft software for the MySejahtera application, save and except that the rights, title and interest in and to the KPISoft software and its trademarks shall be retained by Entomo”.
The share sale agreement also states that the intellectual property owned by MySJ is not the subject of any “licences out”, or licences of intellectual property which have been granted by the company to third parties.
The August 27, 2021 share sale agreement also states that MySJ has “commercially reasonable” security measures and policies in place to protect “all personal data collected by it or on its behalf” from unauthorised access, use, or disclosure.
