PRIVACY POLICY
Privacy Policy To Comply With Personal Data Protection Act 2010
A. General
“We” and/or “SEBIJI” in this Privacy Policy refers to [Company name], a company incorporated under the laws of Malaysia as defined in Companies Act 2016 and marketing representatives. In view of the Personal Data Protection Act 2010 (“Act”), we have taken steps to ensure that we are in compliance with the Act. We write to keep you informed of our endeavours and also to provide you information on your personal data which we may process and the manner in which we are doing so.
Pursuant to the Act requirements, we endeavour to issue this Privacy Policy to you which explains:
What kind of personal data we collect and the ways of collecting it; How we use your personal data;
The parties that we disclose your personal data to;
The choices that we offer, including on how to access and update the personal data.
It is important that you read this Privacy Policy together with any other applicable notices we may provide on specific occasions when we are collecting, using, disclosing and/or processing personal data about you, so that you are fully aware of how and why we are using your personal data.
We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be reflected on this page and material changes will be notified to you. Where permissible under local laws, your continued use of the Services, access to the Website or use of the Services, including placing Orders (as defined in the Terms of Use) on the Website, or express consent thereto, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy. You agree that it is your responsibility to check back frequently to see any updates or changes to this Privacy Policy.
This Privacy Policy applies in conjunction with other notices, contractual clauses and consent clauses that apply in relation to the collection, storage, use, disclosure and/or processing of your personal data by us and is not intended to override them unless we state expressly otherwise.
All of these terms apply to SEBIJI’s users, whether buyers or sellers, unless stated specifically to apply only to buyers or only to sellers.
B. Consent Is Required
5. During the course of your use of the Website and the purchase any of Product listed on the Website, we will collect personal data about you. In doing so, you consent to its use by us in accordance with this Privacy Policy.
6. We may collect your sensitive personal data (including data relating to your physical or mental health, the commission or alleged commission of offences etc.). You hereby provide us your express consent to its use by us in accordance with this Privacy Policy if your sensitive personal data are collected, used, maintained or disclosed.
C. Choice To Supply Personal Data
You reserve the rights to make choices, at any time, not to provide your personal data/sensitive personal data or to revoke your consent to us. Nevertheless, we encourage you to make choices that enable us to provide high quality, effective and continuous products and/or services to assist you.
The collection of personal data by us may be mandatory or voluntary in nature in order to continue use of the Website and services and/or establish any other business relationships with us.
Where provision of the personal data is mandatory, failure to supply your personal data may result in us being unable to open, establish, continue or provide the services and other relationships with you.
D. Security Of Personal Data
The security of your personal data is our paramount consideration. We keep, protect and process your personal data in a secured manner by maintaining physical, electronic and procedural safeguards to be in compliance with the law.
We will, as far as practicable, aim to prevent any unauthorized and/or unlawful processing of, and the accidental loss, destruction or damage to your personal data.
E. Types Of Personal Data Collected
The types of personal data collected may vary according to the business relationships that are established. Your personal data collected may include but not limited to:
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 Website;
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 Website, 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 Website;
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 Website, products and Services or view any content on the Website, including the time spent on the Website, items and data searched for on the Website, access times and dates, as well as websites you were visiting before you came to the Website 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 Website;
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 Website or with third party customer service providers;
Additional information we may request you to submit for due diligence checks as required for identity verification (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.
b. Where you are a seller:
Identity and contact data, such as your name, date of birth or incorporation, company name, address, email address, phone number and other business-related information (e.g. company registration number, business licence, tax information, shareholder and director information, etc.);
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 Website, 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 Website;
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 Website, products and Services or view any content on the Website, including the time spent on the Website, items and data searched for on the Website, access times and dates, as well as websites you were visiting before you came to the Website 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 Website;
Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences and your chat, email or call history on the Website or with our third party seller service providers; and
Additional information we may request you to submit for authentication (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.
Data from Credit Bureau Reports, and Credit Reporting Agencies as defined under the Credit Reporting Agencies Act 2010 e.g. CTOS Data Systems Sdn Bhd (“CTOS”), Experian Information Services (Malaysia) Sdn Bhd (“Experian”) (formerly known as RAM Credit Information Sdn Bhd (“RAMCI”) etc;
Data from publicly available sources; and.
F. The Purposes Of Collecting Personal Data
The personal data we collect from you or via third parties may be used for certain purposes, as follows:
a. Where you are a buyer:
i. Processing your order for products (whether sold by us or a third party seller)
• To process orders you submit through the Website;
• To deliver the products you have purchased through the Website. 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
• 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.
ii. Providing Services
• To facilitate your use of the Services or access to the Website;
• To administer your account (if any) with us;
• To display your name, username or profile on the Website (including on any reviews you may post);
• To facilitate the use of the mini-apps available on the Website 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 Website 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 Website, 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
• To facilitate the integration of third party’s loyalty membership programmes (including those supported by sellers or brands) with our Website.
iii. 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 sellers’ products and services on our Website from time to time (provided you have opted to receive such information);
• To help us conduct marketing and advertising; and
• 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 Website 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 Website.
iv. 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 Website;
• To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
• To store, host, back up your personal data;
• To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
• 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
• Where necessary to prevent a threat to life, health or safety.
v. Analytics, research, business and development
• To understand your user experience with the Services and the Website;
• To improve the layout or content of the pages of the Website and customise them for users;
• To identify visitors on the Website;
• 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;
• To know our buyers better.
vi. Other
• Any other purpose to which your consent has been obtained; and
• To conduct automated decision-making processes in accordance with any of the above purposes.
b. Where you are a seller:
vii. Providing Services
• To facilitate your use of the Services or access to the Website;
• To ship or deliver the products you have listed or sold through the Website. We may pass your personal information on to a third party (e.g. our logistics partners) or relevant regulatory authority (e.g. customs) in order to carry out shipping or delivery of the products listed or sold by you;
• To respond to your queries, feedback, claims or disputes, whether directly or through our third party service agents;
• To verify your documentation submitted to us facilitate your onboarding with us as a seller on the Website, including the testing of technologies to enable faster and more efficient onboarding;
• To administer your account (if any) with us;
• To display your name, username or profile on the Website;
• To verify and carry out financial 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;
• To assess your application for loan facilities and/or to perform credit risk assessments in relation to your application for seller financing (where applicable);
• To provide you with ancillary logistics services to protect against risks of failed deliveries or customer returns; and
• To facilitate the return of products to you (which may be through our logistics partner).
viii. Marketing and advertising
• To send you marketing or promotional materials about our or third-party sellers’ products and services on our Website from time to time (provided you have opted to receive such information);
• To help us conduct marketing and advertising.
ix. Legal and operational purposes
• To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
• To store, host, back up your personal data;
• To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
• 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;
• Where necessary to prevent a threat to life, health or safety;
• To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Website;
• To compare information, and verify with third parties in order to ensure that the information is accurate;
• To ascertain your identity in connection with fraud detection purposes; and
• To facilitate the takedown of prohibited and controlled items from our Website.
Analytics, research, business and development;
• To audit the downloading of data from the Website;
• To understand the user experience with the Services and the Website;
• To improve the layout or content of the pages of the Website and customise them for users;
• 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;
• To know our sellers better.
xi. Other/Lain-lain
• Any other purpose to which your consent has been obtained; and
• To conduct automated decision-making processes in accordance with any of these purposes.
G. Disclosure Of Personal Data
Your personal data will be kept confidential but unless it is within the ambit of permitted disclosures under the prevailing laws/guidelines and/or you have consented to such disclosure.
We may share (or permit the sharing of) your personal data with and/or transfer your personal data to third parties and/or our affiliates for the above-mentioned purposes. These third parties and affiliates, which may be located inside or outside your jurisdiction, include but are not limited to:
Service providers (such as agents, vendors, contractors and partners) in areas such as payment services, logistics and shipping, marketing, data analytics, market or consumer research, survey, social media, customer service, installation services, information technology and website hosting;
Professional advisors including consultants, lawyers, accountants, auditors on a need to know basis for the purposes of providing their services/advice to us;
Their service providers and related companies; and
Other users of the Website or Services.
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.
We may also share personal data in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we satisfy the requirements of applicable data protection law when disclosing your personal data.
Your personal data may be stored and transferred to warehouse and/or locations within or outside Malaysia, such as where our information technology storage facilities and servers are located in other jurisdictions. You understand and consent to the transfer of your Personal Data out of Malaysia as described herein.
Marketing information
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.
Updating Your Personal Data
It is important that the personal data you provide to us is accurate and complete for you to continue using the Website 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.
You can update your personal data anytime by accessing your account on the Website.
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.
J. Reservation of Rights
We reserve our rights to vary or amend this Privacy Policy at any time and at our sole and absolute discretion to ensure that this Privacy Policy is consistent with future developments, industry trends and/or any changes in legal and/or regulatory requirements.
This Privacy Policy may be revised from time to time. Notice of such revision along with the updated Privacy Policy will be communicated via our website and/or other appropriate means of communication as may be determined by us.
K. To Amend And Access Personal Data
You have the rights to request for access and/or to amend or make corrections on to your personal data at any time hereafter. Such requests for access (a prescribed fee may be charged), deletion and/or correction are to be submitted to us by filling up a form. We will process your requests as soon as practicable upon receipt of your duly completed form and the processing fee, if any.
If you do not want us to further disclose your personal data to the parties described above for the purposes of cross-selling and/or if you do not want to be contacted by us or the said third parties for the sale or promotion of any products or services, please submit the request to us by post or email to the address as below. You may also contact us in the event of any inquiries or complaints pertaining to the processing of your personal data using the contact details below:
Address: [Insert Address]
Phone number: [Insert]
Email: [Insert]
L. Retention of Personal Data
27. We will only retain your personal data for as long as we are either required or permitted to by law or as relevant for the purposes for which it was collected.
28. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.
M. Language
This Privacy Policy on the Act is issued in both English and Bahasa Malaysia versions. In the event of inconsistencies between the English and Bahasa Malaysia versions, the English version shall prevail.
N. Acceptance or Acknowledgment
We trust that you read, understand, consent and agree to the terms above mentioned with respect to our processing of your personal information and/or data.
If you do not consent and/or require any further clarification to the above, please do not hesitate to contact us at the above mentioned contact details.