PERSONAL DATA PROTECTION NOTICE
COLLECTION OF PERSONAL DATA
“Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, fax number, bank details, credit card details, race, gender, date of birth, marital status, resident status, education background, financial background, personal interests, email address, your occupation, your designation in your company, your company details, the industry in which you work in, any information about you which you have provided to bazaarKITA in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by bazaarKITA from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The provision of your Personal Data is voluntary. However if you do not provide bazaarKITA your Personal Data, bazaarKITA will not be able to process your Personal Data for the Purposes and Additional Purposes outlined below. If you are an agent, vendor, supplier or service provider, provision of your Personal Data is mandatory and failure to provide your Personal Data, may be a breach of laws or regulatory requirements, and may cause bazaarKITA to be unable to engage you to provide services or products or issue payments to you for products or services provided.
Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account.
Information including, but not limited to, user name, address, phone number, fax number and email address ("Registration Information") may be collected at the time of user registration on the Mobile application.
In connection with any transaction and escrow services or services under our buyer protection schemes we provide on the Mobile application, information, including but not limited to, bank account numbers, billing and delivery information, credit/debit card numbers and expiration dates and tracking information from cheques or money orders ("Account Information") may be collected to, among other things, facilitate the sale and purchase as well as the settlement of purchase price of the products or services transacted on or procured through the Mobile application.
We record and retain details of users’ activities on the Mobile application. Information relating to such transactions including, but not limited to, the types and specifications of the goods, pricing and delivery information and any trade dispute records (“Activities Information”) may be collected when sale and purchase transactions are conducted on or facilitated through the Mobile application.
From time to time, we collect information about our users and prospective users during trade shows, industry events and other functions. The information we may collect at these locations may include, but is not limited to, user name, address, phone number, fax number and email address ("Event Information").
We record and retain records of users' buying and browsing activities on our platform including but not limited to IP addresses, browsing patterns and buyer behavioral patterns. In addition, we gather statistical information about the Mobile application and visitors to the Mobile application including, but not limited to, IP addresses, browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors (together "Browsing Information").
Registration Information, Account Information, Activities Information, Event Information and Browsing Information generally relate to business entities and are together referred to as business data (“Business Data”). Insofar and only insofar as they constitute personally identifiable data of living individuals, such information are together referred to as Personal Data.
It is mandatory for users of the Mobile application to provide certain categories of Business Data and Personal Data (as specified at the time of collection). In the event that users do not provide any or sufficient Business Data and/or Personal Data marked as mandatory, we may not be able to complete the registration process or provide such users with our products or services.
USE OF PERSONAL DATA
If you provide any Personal Data to us, by signing up our subscription forms and using our Mobile application, you are deemed to have authorized us to collect, retain and use that Personal Data for the following purposes:
Verifying your identity;
Verifying your eligibility to register as a user of the Mobile application;
Processing your registration as a user, providing you with a log-in ID for the Mobile application and maintaining and managing your registration;
Providing you with customer service and responding to your queries, feedback, claims or disputes; to facilitate communication between buyers and sellers on the Mobile application;
Performing research or statistical analysis in order to improve the content and layout of the Mobile application, to improve our product offerings and services and for marketing and promotional purposes; to perform bazaarKITA’s obligations in respect of any contract entered into with you; process, manage or verify your application for subscription with bazaarKITA and to provide you the benefits offered to subscribers; to validate your purchases and process payments relating to any products or services you have requested;
Where you are an agent, vendor, supplier or service provider:
for the purposes of engaging you to provide services or products;
to facilitate or enable any checks as may be required by bazaarKITA in order to engage you;
to process payments relating to any products or services you have provided;
to contact you or your company;
to respond to questions, comments and feedback from you;
to communicate with you for any of the purposes listed in this Notice;
for internal administrative purposes, such as auditing, data analysis, database records;
for purposes of detection, prevention and prosecution of crime;
for bazaarKITA to comply with its obligations under law; and
consent to bazaarKITA using and processing your Personal Data for the Purposes and in the manner as identified in this Notice.
Subject to obtaining your consent in such form as may be required under the applicable law, we may use your name, phone number, residential address, email address and fax number (“Marketing Data”) to provide notices, surveys, product alerts, communications and other marketing materials to you relating to goods and services offered by us on the Mobile application including Supplier membership, Verified Members membership, Free Members membership (each a “Membership” and collectively, the “Memberships”) the value added services ancillary to the Memberships, and other products and services offered by us from time to time to members of the Mobile application;
If you voluntarily submit any information to the Mobile application for publication on the Mobile application through the publishing tools, then you are deemed to have given consent to the publication of such information on the Mobile application ("Voluntary Information"); and
By making such disclosures as may be required for any of the above purposes or as required by law or in respect of any claims or potential claims brought against us.
Providing your Personal Data to bazaarKITA is at your sole and absolute voluntary discretion. If you do not with to provide your Personal Data, bazaarKITA will not be able to:
provide you with the services stated under this Notice; or
communicate effectively with you.
bazaarKITA may also use and process your Personal Data for other purposes such as:
to send you materials such as season greeting cards, newsletters, articles, write- ups and other updates, distribute information of events, conferences, talks and seminars which may be of interest to you.
If you do not agree or consent to bazaarKITA processing your Personal Data for the purposes set out, please notify bazaarKITA at email@example.com in which event bazaarKITA reserves the right to terminate your membership and ban you from using the Mobile application accordingly.
SOURCES FROM WHICH YOUR PERSONAL DATA MAY BE OBTAINED
In addition to the Personal Data you provide to bazaarKITA directly, bazaarKITA may collect your Personal Data from a variety of sources such as:
Fill up application or registration forms or other similar forms;
From publicly available sources such as directories;
From bazaarKITA’s Facebook pages, if you follow, like or are a fan of such pages;
From credit reporting agencies;
When you interact and communicate with bazaarKITA at any events or activities;
When you enter contests organized by bazaarKITA; or
From various entities or divisions under bazaarKITA.
Your personal data may also be collected from cookies used on the Mobile application.
Your Personal Data provided to bazaarKITA or obtained by bazaarKITA may be disclosed to third parties, such as our affiliates, associates, our lawyers and other companies. Further, where it may be necessary for bazaarKITA to engage third party companies, service providers or individuals to perform certain services on bazaarKITA’s behalf. In such event, you hereby agree and consent that bazaarKITA may disclose and transfer your Personal Data to the third parties, within or outside Malaysia, including without limitation, as follows:
banks and financial institutions;
storage facility providers;
external advisors and other professional advisors, such as legal advisors and auditors; and
such other party as bazaarKITA deems necessary for the purposes mentioned in paragraph 2 above.
bazaarKITA shall also disclose and transfer the information to any statutory bodies, regulatory bodies and / or governmental authorities where legally required to do so.
DISCLOSURE OF PERSONAL DATA
You further agree that we may disclose and transfer (whether within or outside the jurisdiction of bazaarKITAentity that you are contracting with) your Personal Data to service providers engaged by us to assist us with providing you with our services (including but not limited to data entry, database management, promotions, products and services alerts, delivery services, payment extension services, and membership authentication and verification services) ("Service Providers"). These Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified.
You agree that we may disclose and transfer (whether within or outside the jurisdiction of bazaarKITA entity that you are contracting with), your Personal Data to other affiliated companies within the bazaarKITA Group, which comprises a group of companies operating leading online and mobile marketplaces in consumer and business-to-business commerce, as well as cloud computing and other services.
Where necessary we may also disclose and transfer (whether within or outside the jurisdiction of the bazaarKITA entity that you are contracting with) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organisations.
Any Personal Data supplied by you will be retained by us and will be accessible by our employees, any Service Providers engaged by us and third parties referred to above, for or in relation to any of the purposes stated in this Notice.
All Voluntary Information may be made publicly available on the Mobile application and therefore accessible by any internet user. Any Voluntary Information that you disclose to us becomes public information and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyright) in such information. You should exercise caution when deciding to include personal or proprietary information in the Voluntary Information that you submit to us.
We may share your Account Information with banks or vendors to enable your transactions on the Mobile application to be completed. In addition, we may use your Account Information to determine your credit-worthiness and, in the process of such determination, we may need to make such Account Information available to banks or credit agencies. While we have in place up-to-date technology and internal procedures to keep your Account Information and other Personal Data secure from intruders, there is no guarantee that such technology or procedures can eliminate all of the risks of theft, loss or misuse.
EMAIL AND MOBILE APPLICATION
Any Personal Data contained in the emails and “Contact Us” messages sent via the bazaarKITA’s Mobile application to the bazaarKITA shall be used and processed in the manner set out in this Notice. The content of the messages shall be strictly monitored by the bazaarKITA.
If you do not wish for your Personal Data to be collected via cookies on the Mobile application, please configure your internet browser to delete or deactivate cookies.
The bazaarKITA’s Mobile application may contain links to other mobile application and pages. The bazaarKITA shall not be responsible for any Personal Data or information that you may provide to other entity via the links.
MARKETING AND PROMOTIONAL PURPOSES
bazaarKITA may also use and process your data for other purposes such as (“Additional Purposes”):
To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from bazaarKITA, its partners, affiliates or advertisers;
To notify and invite you to events or activities organised by bazaarKITA, its partners, sponsors or advertisers;
To process your registration to participate in or attend an event or activity and to communicate with you regarding your attendance at the event or activity; by way of post, telephone call, short message service (SMS), by hand and/or by email.
RIGHT TO ACCESS/CORRECT PERSONAL DATA
You may at any time hereafter request for access to, or request for rectification or correction of your Personal Data (subject to payment of fees, if applicable), or limit the processing of your Personal Data by bazaarKITA, as the case may be, however subject to the exceptions and restrictions as may be contained under the applicable law. If you wish to do so, please contact us at firstname.lastname@example.org
You may also contact bazaarKITA via the above contact details if you have any inquiries or complaints in respect of your Personal Data provided to bazaarKITA.
Your Personal Data may be transferred to, stored, used and processes in a jurisdiction other than Malaysia, to companies under bazaarKITA which are located outside of Malaysia and/or where bazaarKITA serves are located outside of Malaysia. You understand and consent to the transfer of your Personal Data out of Malaysia as described herein. bazaarKITA also have a right to refuse your request to access and / or make any correction to your Personal Data to the extent permitted under the applicable law.
Under the applicable laws, you have the right of access to personal information held by us and to request correction of the information.
In accordance with the applicable laws, we reserve the right to charge you a reasonable fee for the processing of any data access or correction request.
DSICLOSURE TO THIRD PARTIES
Your personal data may be transferred, accessed or disclosed to third parties for the Purposes and Additional Purposes. Further, bazaarKITA may engage other companies, service providers or individuals to perform functions on its behalf, and consequently may provide access or disclose to your Personal Data to such service providers or third parties. The third parties referred to in this Section include (without limitation):
bazaarKITA partners and affiliates which include parties with whom bazaarKITA collaborates with for certain events, programs and activities;
Event management companies and event sponsors;
Marketing research companies
Service providers, including, information technology (IT) service providers for infrastructure, software and development work;
Professional advisors and external auditors, including legal advisors, financial advisors and consultants;
Other entities within bazaarKITA; and
Governmental authorities to comply with statutory, regulatory and governmental requirements.
Your Personal Data may also be shared in connection with a corporate transaction, such as a sale of a subsidiary or a division, merger, consolidation, or asset sale, or in the unlikely event of winding-up.
A "cookie" is a small amount of data that is sent to your browser and stored on your computer's hard drive. A cookie can be sent to your computer's hard drive only if you access the Mobile application using a computer. If you do not de-activate or erase the cookie, each time you use the same computer to access the Mobile application, our web servers will be notified of your visit to the Mobile application and in turn we may have knowledge of your visit and the pattern of your usage.
access your Registration Information or Account Information so you do not have to re-enter it;
gather statistical information about usage by users;
research visiting patterns and help target advertisements based on user interests;
assist our partners to track user visits to the Mobile application and process orders; and
track progress and participation in promotions.
You can determine if and how a cookie will be accepted by configuring the browser which is installed in the computer you are using to access the Mobile application. If you choose, you can change those configurations. By setting your preferences in the browser, you can accept all cookies or you can choose to be notified when a cookie is sent or you can choose to reject all cookies. If you reject all cookies by choosing the cookie-disabling function in your browser, you may be required to re-enter information on the Mobile application more often and certain features of the Mobile application may be unavailable.
PERSONAL INFORMATION FROM MINORS AND OTHER INDIVIDUALS
The Mobile application and their contents are not targeted to minors (those under the age of 18) and we do not intend to sell any of our products or services to minors. However, we have no way of distinguishing the age of individuals who access our Mobile applicationIf a minor has provided us with personal information without parental or guardian consent , the parent or guardian should contact our Legal Department at the address set out above to remove the information The parent or guardian hereby consent to the processing of the minor’s Personal Data and personally accept and agree to be bound by this Notice and take responsibility for his or her actions.
In some circumstances you may have provided personal data provided personal data relating to other individuals (such as your spouse, family members or friends) and in such circumstances you represent and warrant that you are authorized to provide their personal data to bazaarKITA and you have obtained their consent for their personal data be processed and used in the manner as set forth in this Notice.
We employ commercially reasonable security methods to prevent unauthorized access to the Mobile application, to maintain data accuracy and to ensure the correct use of the information we hold.
For registered users of the Mobile application, your Registration Information and Account Information (if any) can be viewed and edited through your account, which is protected by a password. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. If you share a computer with others, you should not choose to save your log-in information (e.g., user ID and password) on that shared computer. Remember to sign out of your account and close your browser window when you have finished your session.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
bazaarKITA reserves the right to amend or modify this Notice from time to time.
ACKNOWLEDGMENT AND CONSENT
By communicating with bazaarKITA, using bazaarKITA’s services, purchasing products through bazaarKITA or by virtue of your engagement with bazaarKITA, you acknowledge that you have read and understood this Notice and agree and consent to the use, processing and transfer of your personal data by bazaarKITA as described in this Notice.
bazaarKITA shall have the right to modify, update or amend the terms of this Notice at any time by placing the updated Notice on this Mobile application. By continuing to communicate with bazaarKITA, by continuing to use bazaarKITA’s services, purchasing products from bazaarKITA or by your continued engagement with bazaarKITA following the modifications, updates or amendments to this Notice, such actions shall signify your acceptance of such modifications, updates or amendments.
In the event of any conflict between the English and other languages versions, the English version shall prevail.