1. INTRODUCTION
1.1 Empowerlogix Sdn Bhd (‘the Company’) takes its responsibilities under the privacy laws and regulations of Malaysia ("Privacy Laws") seriously and is committed to respecting the privacy rights and concerns of all Users of the website (the "Site") (we refer to the Site and the services we provide as described in our Site collectively as the "Services"). We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
1.2 This Privacy Policy (“Privacy Policy” or “Policy”) is designed to inform you how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future. Please read this Privacy Policy carefully.
1.3 "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.
1.4 DO NOT USE OUR SERVICES OR ACCESS OUR WEBSITE IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY. You acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy by using the Services, or by registering for an account with us, visiting our website, or accessing the Services. You further consent for us to collect, use, disclose and/or process your personal data as described herein. Any change to our Privacy Policy will be posted or amended on our website. We reserve the right to amend this Privacy Policy at any time without reference to you.
2. WHEN IS PERSONAL DATA COLLECTED?
2.1 We will/may collect personal data:
(a) 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;
(b) when you use our electronic services, or interact with us via our application or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;
(c) 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;
(d) when you register and/or use our Services or Site, or open an account with us;
(e) when you carry out transactions through our Services;
(f) 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;
(g) when you provide us with feedback or complaints;
(h) when you register for a contest; or
(i) when you submit your personal data to us for any reason.
The above sets out some instances of when personal data about you may be collected and is not exhaustive.
2.2 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.
2.3 Should you visit, use or interact with our mobile application or the Site, we may collect certain information automatically using a variety of technologies, which may be downloaded to your device and may set or modify settings on your device. The information we collect may include, without limitation, your 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), and the pages you visit on our website and mobile applications and the times of visit. We may collect, use disclose and/or process this information only for the Purposes (defined below).
3. WHAT PERSONAL DATA WILL BE COLLECTED?
3.1 This includes but is not limited to your name; email address; date of birth; billing address; bank account and payment information; telephone number; order preferences; gender; delivery address; any other information about you when you sign up to use our Services or website. And aggregate data on content that you engage with.
3.2 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 about it. However, opting out of us collecting your personal data or withdrawing your consent for the same may affect your use of the Services.
4. SETTING UP AN ACCOUNT
In order to use certain functionalities of the Site, you will have to create a user account which requires you to submit certain personal data. Upon activating an account, you will select a user name and password. Your user name and password will be used so you can securely access and maintain your account.
5. COOKIES
5.1 We may from time to time implement "cookies" or other features to allow us or third parties to collect or share information that will help us improve our Site and the Services we offer, or help us offer new services and features. “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Services or website are used or visited, by how many people and to track movements within our website. We may link cookie information to personal data. Cookies also link to information regarding what items you have selected for purchase and pages you have viewed. This information is used to keep track of your shopping cart, for example. Cookies are also used to deliver content specific to your interest and to monitor website usage.
5.2 Please note that you may not be able to use the full functionality of our Site or the Services should you disable the acceptance of the Cookies.
6. VIEWING AND DOWNLOADING CONTENT AND ADVERTISING
As with browsing web pages, when you watch content and advertising and access other software on our Site or through the Services, most of the same information is sent to us (including, without limitation, IP Address, operating system, etc.). Your computer also sends us information on the content, advertisement viewed and/or software installed by the Services and the website and time.
7. COMMUNITY & SUPPORT
We provide customer service support through email, SMS and feedback forms. In order to provide customer support, we will ask for your email address and mobile phone number. We only use information received from customer support requests, including, without limitation, email addresses. We do not transfer to or share this information with any third parties.
8. SURVEYS
Participation in any surveys is completely voluntary and you have a choice whether or not to disclose your information to us. Information requested may include, without limitation, contact information (such as your email address), and demographic information (such as interests or age level). Survey information will be used to improve the use and satisfaction of the Services and will also be accessed by our contractors who help us to administer or act upon the survey.
9. HOW DO WE USE THE INFORMATION YOU PROVIDE US?
9.1 We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
(a) to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services;
(b) to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us;
(c) to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences;
(d) to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
(e) to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions;
(f) to enforce our Terms of Service or any applicable end user license agreements;
(g) to protect personal safety and the rights, property or safety of others;
(h) for identification and/or verification;
(i) to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
(j) to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf;
(k) to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(l) to inform you when another User has sent you a private message or posted a comment for you on the Site;
(m) to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your customer experience;
(n) to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with our Services;
(o) where you give us your prior consent, for marketing and in this regard, to send you by various modes of communication such as postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom we may collaborate or tie up with) that we (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future;
(p) to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on us or on its related corporations or affiliates;
(q) to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
(r) to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
(s) to audit our Services or the Company's business;
(t) to prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;
(u) to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
(v) to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves the Company as a participant or involves only a related corporation or affiliate of the Company as a participant or involves the Company and/or any one or more of our related corporations or affiliates as participant(s), and there may be other third party organisations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organisation; and/or
(w) any other purposes which we notify you of at the time of obtaining your consent.
(collectively, the “Purposes”).
9.2 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.
10. SHARING OF INFORMATION FROM THE SERVICES
Our Services enable Users to share personal information with each other, in almost all occasions without our involvement, to complete transactions. In a typical transaction, Users may have access to each other’s name, user ID, email address and other contact and postage information. Our Terms of Service require that Users in possession of another User’s personal data (the “Receiving Party”) must (i) comply with all applicable Privacy Laws; (ii) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party.
11. HOW DOES THE COMPANY PROTECT CUSTOMER INFORMATION?
We implement a variety of security measures to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. 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 as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any legal or business purposes. If you cease using the Site, or your permission to use the Site and/or the Services is terminated, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.
12. DOES the Company DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS TO OUTSIDE PARTIES?
12.1 In conducting our business, we will/may need to disclose your personal data to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties 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.
13.2 This may require, among other things, the sharing of statistical and demographic information about our Users and their use of the Services with suppliers of advertisements and programming. This would not include anything that could be used to identify you specifically or to discover individual information about you.
13.3 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.
13.4 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.
14. INFORMATION ON CHILDREN
The Services are not intended for children under the age of 18. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted by any child under the age of 18.
15. DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES
15.1 We may choose various third party websites to link to, and frame within, the Site. 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 Site) may not be received by us.
15.2 WE ALSO 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.
16. WILL the Company TRANSFER YOUR INFORMATION OVERSEAS?
Your personal data and/or information may be transferred to, stored or processed outside of your country. In most cases, your personal data will be processed in MALAYSIA, where our servers are located and our central database is operated.
17. HOW CAN YOU OPT-OUT, REMOVE, REQUEST ACCESS TO OR MODIFY INFORMATION YOU HAVE PROVIDED TO US?
17.1 Opting Out and Withdrawing Consent
17.1.1 Should you wish to opt out from your email subscriptions, please let us know by sending an email to our Personal Data Protection Officer at the address listed below. Please note that due to email production schedules, you may still receive emails that are already in production.
17.1.2 You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at the email address listed below in Section 19.2.
17.1.3 Once we have your clear withdrawal instructions and verified your identity, we will process your request for withdrawal of consent, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request. If we are unable to verify your identity or understand your instructions, we will liaise with you to understand your request.
17.1.4 However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue providing the Services to you, we may need to terminate your existing relationship and/or the contract you have with us, etc., as the case may be, which we will inform you of.
17.2 Requesting Access and/or Correction of Personal Data
17.2.1 If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control through the Account Settings page on the Site. 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.
17.2.2 For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that Privacy Laws may exempt certain types of personal data from being subject to your access request.
17.2.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will correct your personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where we are unable to do so within the said period, we will notify you of the soonest practicable time within which we can make the correction. 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. Note that Privacy Laws may exempt certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request.
17.2.4 We will/may also be charging 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.
18. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US
18.1 If you have any questions or concerns about our privacy practices or your dealings with the Services, please do not hesitate to contact support@empowerlogix.com
18.2 If you have any complaint or grievance regarding how we are handling your personal data or about how we are complying with Privacy Laws, we welcome you to contact us with your complaint or grievance.
Please contact us through email with your complaint or grievance:
E-mail: support@empowerlogix.com and Attention it to the "Personal Data Protection Officer".
Please send all legal notices to E-mail: support@empowerlogix.com and Attention it to the “General Counsel”.
18.3 Where it is an email or a letter through which you are submitting a complaint, your indication at the subject header that it is a Privacy Law complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organisation to handle. For example, you could insert the subject header as “Privacy Complaint”.
We will certainly strive to deal with any complaint or grievance that you may have fairly and as soon as possible.
19. TERMS AND CONDITIONS
Please also read the Terms and Conditions of Service establishing the use, disclaimers, and limitations of liability governing the use of the Site and the Services and other related policies.