1.2 "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access. Common examples of personal data could include name, identification number and contact information.
2. WHEN ALLSHOP COLLECTES PERSONAL DATA
- when you browse our website or mobile application;
- when you register and/or use our Services or Platform, or open an account with us;
- when you apply for, subscribe to or otherwise use any of the Services;
- when you activate or use any payment-related functions available on the Platform or provided by our third party service providers;
- when you record any user-generated content which is uploaded on the Platform;
- when you use the chat function on the Platform;
- when you subscribe to our publications or marketing collaterals;
- when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;
- when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
- when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails, including when you interact with our customer service agents;
- when you use our electronic services, or interact with us via our application or use Services on our Platform. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;
- when you grant permissions on your device to share information with our application or Platform;
- when you link your AllShop account with your social media or other external account or use other social media features, in accordance with the provider’s policies;
- when you carry out transactions through our Services;
- when you provide us with feedback or complaints;
- when you enter a competition, promotion or survey;
- when you participate in any activity or campaign on the Platform;
- when any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;
- when a third party lodges a complaint against you or the content you have posted on the Platform; or
- when you submit your personal data to us for any reason
2.1 We will/may collect personal data about you:
The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.
2.2 We may collect personal data from you, third parties (including but not limited to agents, vendors, contractors, partners and any others who provide services to us, who collect your personal information and/or perform functions on our behalf, or with whom we collaborate, including but not limited to payment service providers, government sources of data, financial providers, credit bureaus, delivery, marketing and other service partners), our affiliates, or such data may be collected automatically when you use the Platform or the Services, as set out in this section.
3. THE PERSONAL DATA ALLSHOP COLLECTS
3.1 During the course of your use of the Platform and the provision of the Services, we may collect personal data about you, as follows:
(A) Where you are a buyer:
- Identity data, such as your name, gender, profile picture, and date of birth;
- Contact data, such as billing address, delivery address, email address and phone numbers;
- Biometric data, such as voice files when you use our voice search function, and facial and other bodily features and voice of yourself and/or another person featured in your video when you upload videos onto the Platform;
- Account data, such as bank account details, bank statements, credit card details and payment details (such account data may also be collected directly by our affiliates and/or third party payment service providers);
- Transaction data, such as details about orders and payments, and other details of products and Services related to you;
- Technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, IMEI, MAC address, cookies (where applicable) and other information and technology on the devices you use to access the Platform;
- Profile data, such as your username and password, orders related to you, your interests, preferences, feedback and survey responses;
- Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform, including the time spent on the Platform, items and data searched for on the Platform, access times and dates, as well as websites you were visiting before you came to the Platform and other similar statistics;
- Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
- Marketing and communications data, such as your preferences in receiving marketing from us and our third parties, your communication preferences and your chat, email or call history on the Platform or with third party customer service providers; and
3.2 You agree not to submit any information to us which is inaccurate or misleading, and you agree to inform us of any inaccuracies or changes to such information. We shall have the right to request for documentation and carry out the necessary checks to verify the personal data provided by you as part of our user verification processes or as required under law.
3.3 If you sign up to be a user of our Platform using your social media account (“Social Media Account”), link your AllShop account to your Social Media Account or use any AllShop social media features, we may access information about you which you have voluntarily provided to your Social Media Account provider in accordance with such provider's policies, and we will manage and use any such personal data in accordance with this Policy at all times.
3.6 If you do not want us to collect the aforementioned information/personal data, you may opt out at any time by notifying our Data Protection Officer in writing. Further information on opting out can be found in the section below entitled "How can you withdraw consent, request access to or correct information you have provided to us?”. Note, however, that opting out or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services and the Platform. For example, opting out of the collection of location information will cause its location-based features to be disabled.
4. COLLECTION OF OTHER DATA
4.1 As with most websites and mobile applications, your device sends information which may include data about you that gets logged by a web server when you browse our Platform. This typically includes without limitation your device’s Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), the pages you visit on our website and mobile applications and the times of visit, and sometimes a "cookie" (which can be disabled using your browser preferences) to help the site remember your last visit. If you are logged in, this information is associated with your personal account. The information is also included in anonymous statistics to allow us to understand how visitors use our site.
4.2 When you visit the Platform through your computer, mobile device, or any other device with Internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website, such as the technical data and usage data outlined in Section 3 above.
4.3 This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide, as well as to help us to personalise the content to match your preferred interests more quickly. The data is also collected to make the Services and the Platform more convenient and useful to you, and to provide more relevant advertising related to market products, services and features to you.
4.4 Our mobile applications may collect precise information about the location of your mobile device using technologies such as GPS, Wi-Fi, etc. We collect, use, disclose and/or process this information for one or more Purposes including, without limitation, location-based services that you request or to deliver relevant content to you based on your location or to allow you to share your location to other Users as part of the services under our mobile applications. For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through your device settings. If you have questions about how to disable your mobile device's location services, please contact your mobile device service provider or the device manufacturer.
4.5 As when you view pages on our website or mobile application, when you watch content and advertising and access other software on our Platform or through the Services, most of the same information is sent to us (including, without limitation, IP Address, operating system, etc.); but, instead of page views, your device sends us information on the content, advertisement viewed and/or software installed by the Services and the Platform and time.
5.2 You may be able to manage and delete cookies through your browser or device settings. However, certain cookies are required to enable core functionality (such as adding items to your shopping basket), so please note that changing and deleting cookies may affect the functionality available on the Platform or through our Services.
6. HOW THE DATA COLLECTED IS USED
6.1 We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
(A) Where you are a buyer:
- Processing your order for products
- To process orders, you submit through the Platform;
- To deliver the products you have purchased through the Platform. We may pass your personal information on to a third party (e.g. our logistics partner) or relevant regulatory authority (e.g. customs) in order to make delivery of the product to you;
- To update you on the delivery of the products;
- To provide customer support for your orders; and/or
- To verify and carry out payment transactions (including any credit card payments, bank transfers, offline payments, remittances, or e-wallet transactions) in relation to payments related to you and/or Services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers.
- Providing Services
- To facilitate your use of the Services or access to the Platform;
- To administer your account (if any) with us;
- To display your name, username or profile on the Platform (including on any reviews you may post);
- To facilitate the use of the mini-apps available on the Platform and purchases made via these mini-apps;
- To respond to your queries, feedback, claims or disputes, whether directly or through our third party service providers;
- To display on scoreboards on the Platform in relation to campaigns, mobile games or any other activity;
- To allow other users to identify you (via the "Find my friends" or any other similar function) as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the socialising function of the Services (where applicable);
- To assess your application for loan facilities and/or to perform credit risk assessments in relation to application for financing services (where applicable); and/or
- Marketing and advertising
- To provide you with information we think you may find useful or which you have requested from us (provided you have opted to receive such information);
- To send you marketing or promotional information about our or third-party Merchants’ products and services on our Platform from time to time (provided you have opted to receive such information);
- To help us conduct marketing and advertising; and/or
- To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to upload or broadcast on our Platform and will be accessible on the Internet and may be shared by the public (the latter of which is not within our control), as part of our advertising and marketing campaigns to promote the Platform.
- Legal and operational purposes
- To ascertain your identity in connection with fraud detection purposes;
- To compare information, and verify with third parties in order to ensure that the information is accurate;
- To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
- To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
- To store, host, back up your personal data;
- To perform due diligence checks;
- To comply with legal and regulatory requirements (including, where applicable, the display of your name, contact details and company details), including any law enforcement requests, in connection with any legal proceedings, or otherwise deemed necessary by us; and/or
- Where necessary to prevent a threat to life, health or safety.
- Analytics, research, business and development
- To understand your user experience with the Services and the Platform;
- To improve the layout or content of the pages of the Platform and customise them for users;
- To identify visitors on the Platform;
- To conduct surveys, including carrying out research on our users’ demographics and behaviour;
- To improve our current technology (e.g. voice recognition tech, etc.) via machine learning or other means;
- To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
- To conduct data analysis, testing and research, monitoring and analysing usage and activity trends;
- To further develop our products and services; and/or
- To know our buyers better.
- Any other purpose to which your consent has been obtained; and/or
- To conduct automated decision-making processes in accordance with any of the above purposes.
6.2 You acknowledge, consent and agree that AllShop may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over AllShop or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- comply with a request from any governmental or regulatory authority having jurisdiction over AllShop;
- respond to any threatened or actual claims asserted against AllShop or other claim that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of AllShop, its users and/or the public.
6.3 As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.
7. SECURITY AND RETENTION OF PERSONAL DATA
7.1 To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:
- Containing data obtained behind secured networks which is only accessible by a limited number of employees who have special access rights to such systems;
- Restricting access to personal data to individuals who require access;
- Maintaining technology products to prevent unauthorised computer access;
- Implementing other security measures as required by applicable law.
7.2 You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
7.3 We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data when we have reasonably determined that:
- the purpose for which that personal data was collected is no longer being served by the retention of such personal data;
- retention is no longer necessary for any legal or business purposes; and
- no other legitimate interests warrant further retention of such personal data.
8. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
8.1 In conducting our business, we will/may need to use, process, disclose and/or transfer your personal data to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties, which may be located in Malaysia or outside of Malaysia, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. We endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as your personal data is needed for the above-mentioned Purposes. Such third parties include, without limitation:
- our subsidiaries, affiliates and related corporations;
- their service providers and related companies;
- Buyers have transacted with or interacted with on the Platform or in connection with your use of the Services for the above-stated Purposes;
- other users of our Platform for one or more of the above-stated Purposes;
- contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to those parties which provide administrative or other services to us such as mailing houses, logistics service providers, financial services providers, advertising and marketing partners, telecommunication companies, information technology companies, and data centres;
- governmental or regulatory authorities having jurisdiction over AllShop or as otherwise permitted under Section 6.2;
- a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of AllShop’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by AllShop about our Service Users is among the assets transferred; or to a counterparty in a business asset transaction that AllShop or any of its affiliates or related corporations is involved in; and/or
- third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.
8.2 We may share user information, including statistical and demographic information, about our Users and information about their use of the Services with advertising partners and third party suppliers of advertisements, remarketing, and/or other programming.
8.3 For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organisation such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply. Consistent with the foregoing and subject to applicable law, we may use your personal data for recognized legal grounds including to comply with our legal obligations, to perform our contract with you, to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights, or where necessary in connection with a legal claim.
8.4 As set forth in AllShop’s Terms of Service, Users (including any employees, agents, representatives, or any other person acting for such User or on such User’s behalf) in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will
- comply with all applicable Privacy Laws with respect to any such data, including any collection, processing, storage or transfer of such data;
- allow AllShop or the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and
- allow AllShop or the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
8.5 In disclosing your personal data to them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as your personal data is needed to achieve the above-mentioned purposes.
8.6 Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however, there can inevitably be no guarantee of absolute security such as but not limited to when unauthorised disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.
9. INFORMATION ON MINOR
9.1 AllShop does not sell products to minors (which is to be determined based on the applicable law), nor does it intend to provide any of the Services or the use of the Platform to minors. We do not knowingly collect any personal data relating to minors.
9.4 We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform. We will close any accounts used exclusively by minors and will remove and/or delete any personal data we believe was submitted without parental consent.
9.5 We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.
10. INFORMATION COLLECTED BY THIRD PARTIES
10.2 We, and third parties, may from time to time make software applications downloads available for your use via the Platform or through the Services. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your device’s IP Address or other information such as any cookies that you may previously have installed or that were installed for you by a third party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by AllShop. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.
11. DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES
11.1 WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.
11.2 In an attempt to provide you with increased value, we may choose various third party websites to link to, and frame within the Platform. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our Platform) may not be received by us. You are advised to check on the applicable privacy policies of those websites to determine how they will handle any information they collect from you.
11.3 We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).
12. DATA TRANSFERED OVERSEAS
12.1 Your personal data and/or information may be transferred to, stored or processed outside of your country for one or more of the Purposes. AllShop will only transfer your information overseas in accordance with Privacy Laws.
13. WITHDRAWAL OF CONSENT TO CONTINUED USE, DISCLOSURE, STORING AND/OR PROCESSING OF PERSONAL DATA
13.2 Please note that if you communicate your withdrawal of your consent to our use, disclosure, storing or processing of your personal data for the purposes and in the manner as stated above or exercise your other rights as available under applicable local laws, we may not be in a position to continue to provide the Services to you or perform any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
13.3 You may unsubscribe from receiving marketing information at any time in our mobile application settings or by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
14. UPDATING PERSONAL DATA
14.1 It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.
14.2 You can update your personal data anytime by accessing your account on the Platform.
14.3 We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
15. REQUESTING ACCESS TO OR CORRECTION OF PERSONAL DATA
15.1 You may request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed, stored or processed by us via the personal account information setting on our Platform or by contacting us using the contact details below. If you do not have an account with us, you may request to access and/or correct your personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request so as to be able to deal with your request. Hence, please submit your written request by sending an email to our Personal Data Protection Officer at [email protected].
15.2 We may charge you a reasonable fee for the handling and processing of your requests to access your personal data. If we so choose to charge, we will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
15.3 We reserve the right to refuse to correct your personal data in accordance with the provisions as set out in Privacy Laws, where they require and/or entitle an organisation to refuse to correct personal data in stated circumstances.
16. QUESTIONS, FEEDBACK, CONCERNS, SUGGESTIONS OR COMPLAINTS
16.1 If you have any questions or concerns about our privacy practices, we welcome you to contact us by e-mail at [email protected].