1 INTRODUCTION
1.1 This privacy policy ("Privacy Policy") is prepared by TeaX Alliance Sdn. Bhd. (Company No.: 522780-W) ("Tea X", "us", "we" or "our") for you (which include such other persons or organisations or companies represented by you) ("you" or "your") who use www.teax.my ("Platform").
1.2 For the purposes of this Privacy Policy, the expression "personal data" shall bear the meaning as defined by the Personal Data Protection Act 2010 (" PDPA"), which include the "sensitive personal data" (as also defined by the PDPA) and any personal data that may have been or may from time to time hereafter provided by you and/or obtained independently by us from other lawful sources (if any) in connection with any commercial transaction.
1.3 This Privacy Policy explains:
1.3.1 what personal data we collect about you and how do we collect from you;
1.3.2 what are the purposes of collecting your personal data;
1.3.3 to which third parties and under what circumstances we will disclose your personal data;
1.3.4 what are your rights in respect of your personal data; and
1.3.5 what you can do if there are any changes, questions or complaints about your personal data.
1.4 By accessing the Platform, you hereby consent to the collection and processing of your personal data in accordance to this Privacy Policy. We may update this Privacy Policy from time to time without notice and all changes shall be effective immediately upon being posted on the Platform.
2 WHAT KIND OF PERSONAL DATA WE COLLECT?
2.1 The personal data we collect about you may include:
2.1.1 your identification details including but not limited to your name, age, identity card number or passport number;
2.1.2 your correspondence address and/or permanent address (which may include office address);
2.1.3 your contact information (e.g. email address and mobile number);
2.1.4 occupation and details of occupation;
2.1.5 income range and financial status;
2.1.6 bank account information;
2.1.7 details about payments to and from you, and other details of product you have purchased from us;
2.1.8 usage data of the Platform (e.g. number of visit and average time spent); and
2.1.9 your Internet browser information (e.g. IP address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform)
including any other information set out in the Terms and Conditions on the Platform and as required by us from time to time for the purposes specified in Clause 4.1 herein.
3 FROM WHAT SOURCES WE COLLECT YOUR PERSONAL DATA?
3.1 Please be informed that we may obtain your personal data from you and from other sources, including but not limited to:
3.1.1 your relationship with us, which include (a) information provided by you to fill up a user profile or registration forms (if any); (b) when you sign up for an account with us on the Platform; (c) when you access the Platform and use the Services (as defined below); or (d) when you communicate with us through phone calls, email and/or other correspondence methods;
3.1.2 any interaction between you and us through (a) the Platform; (b) other social media platforms such as our Facebook and Instagram; and (c) our online chat applications and forums (if applicable);
3.1.3 through our media launches which you may have been invited to or through your participation in our campaigns, competitions, activities and/or promotions where you are required to provide personal data about yourself and other parties (e.g. your family members and colleagues);
3.1.4 third parties connected to you, such as your employees, joint account holders, guarantors and such other persons (subject to your prior consent for them to disclose information relating to you);
3.1.5 any videos or photos collected by us and/or our authorised agents;
3.1.6 an analysis of the manner (a) you manage your account on the Platform; or (b) your use of the Services and/or the Platform, which include any transaction you make and/or the payment made to / from your account or e-wallet on the Platform; and
3.1.7 by using Cookies, details of which are set out in Clause 12 of this Privacy Policy.
3.2 For the avoidance of doubt, "Services" shall mean sale and purchase of products listed on the Platform, listing of your products for subsequent sale under the Tea X as well as warehouse storage services provided by Tea X on the Platform.
4 WHAT ARE THE PURPOSES OF COLLECTING YOUR PERSONAL DATA?
4.1 You hereby acknowledge, confirm and consent that we are authorised to collect and process your personal data, for any of the following purposes:
4.1.1 Verification
(a) to verify the information provided by you;
(b) to analyse your suitability to register with us and process your registration with us; and
(c) to verify your application with Tea X or subscription for Services with Tea X.
4.1.2 Facilitation of Agreements
(a) to facilitate the agreements to be entered into or have been entered into with us;
(b) to facilitate communications between you and us or other users in respect of such agreements;
(c) for provision of information to relevant authorities and service providers in particular (but not limited to) for the purpose of facilitating the provision of utilities and Services or as otherwise required / permitted by the Laws (as defined below) or the authorised utilities or the service providers;
(d) for notification (and convening of) meetings, invoices and other documents as the Laws may require or permit;
(e) to transfer or assign our rights, interests and obligations under any of the agreements between you and us; and
(f) to protect or enforce our rights to recover any debt owing to us (if applicable);
4.1.3 Services and Support
(a) to administer and give effect to the commercial transaction and the management and/or enforcement thereof, including any communication with you and other users;
(b) to conclude and manage the order process;
(c) to respond and follow up on any queries, complaints or requests you or other users may have;
(d) to conduct surveys and analysis in regard to your and other users' data usage;
(e) to be used in, to provide and/or to improve the Services provided by us, analyse consumption patterns and choices, users' demographics, market surveys, processing invoices and payments;
(f) to provide personalised feedback to you in order to maintain, enhance and support the relationship between you and us and other users; and
(g) we use Cookies to enhance our processes, advertising, notifications, authentication, security and compliance, analytic and preference management (details of usage are specified in Clause 12 herein);
4.1.4 Marketing
(a) to contact and provide you information regarding our and our business partners' offers which include offers of products, services, new launches, upcoming events, promotions, advertising, marketing and commercial materials and such other information as may be determined by us to be of interest to you (via emails, text messages or other communication methods); and
(b) to process your participation in such offers and other marketing events;
4.1.5 Compliance with Laws and Regulations
(a) to comply with our obligations, compliance requirements and disclosure requirements under any law, rule, regulation, by-law, order, guideline, directive and policy enforced by the government authorities, including such other international and local laws and requirements in force and as amended from time to time relating to the commercial transaction and/or relating to the conduct of our business or activities (collectively, " Laws");
(b) to maintain safety and security of our Services;
(c) for audit, compliance and risk management purposes;
(d) to assess financial and insurance risks; and
(e) for prevention of crimes, bribery, fraud and money laundering;
4.1.6 Internal Records and Technical Issues:
(a) for our internal record keeping in the ordinary course of business;
(b) to maintain, update, consolidate and improve the accuracy of our database records;
(c) to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
(d) to conduct research for analytical purposes but not limited to data mining and analysis of your transaction with us; and
(e) to detect, prevent and address technical issues.
4.2 In connection with the purposes set out in Clause 4.1 above, you hereby give permission to us to disclose your personal data, to the relevant authorities, our successor in interest, sponsors, advertisers, lawyers, insurers, adjusters, other advisers, suppliers, contractors and/or service providers, our Affiliates (as defined below) and other carefully selected third parties in accordance to Clause 5 of this Privacy Policy.
5 WHO DO WE SHARE YOUR PERSONAL DATA WITH?
5.1 For the purposes of providing you with our Services and managing the operation of the Platform, we reserve the rights to disclose your personal data to carefully selected third parties set out as follows:
5.1.1 on a need-to-know basis, to (a) our subsidiaries, related and associated companies; (b) our parent company including its subsidiaries, associated and related companies; and (c) our affiliates including our business partners (some of whom may be outside Malaysia and undertake administrative, management and operational functions for or on behalf of us in respect of or arising from the commercial transaction or to support sales, marketing, promotion and/or advertising efforts) (collectively, "Affiliates");
5.1.2 companies and/or organisations who assist us including but not limited to our successor in interest, sponsors, advertisers, suppliers, contractors, payment gateway service providers (if applicable) and other third-party service and/or product providers;
5.1.3 companies and/or organisations who act as our strategic partners which include parties that we collaborate with for certain events, programmes, activities or to provide any Services and/or products;
5.1.4 companies and/or organisations who assist us in providing you value added services and/or products as requested by you;
5.1.5 our legal and professional advisors including but not limited to our lawyers, insurers, adjusters, accountants and/or financial advisors authorised by us;
5.1.6 your legal and professional advisors including but not limited to your lawyers, insurers, adjusters, accountants and/or financial advisors authorised by you;
5.1.7 any person authorised by you to give instructions and/or to use the account registered with us on the Platform;
5.1.8 any rating agency, insurer, insurance broker and/or direct / indirect provider of credit protection;
5.1.9 any financial institutions, merchants, VISA International Services Association, MasterCard International Incorporated and/or other card associations in relation to any credit card and/or debit card issued to and used by you on the Platform;
5.1.10 any person connected to the enforcement or preservation of any of our rights under the agreements between you and us;
5.1.11 government entities which include (a) the Ministry of Domestic Trade and Consumer Affairs and its appointed agencies; (b) the Immigration Department and its appointed agencies; (c) the foreign embassies, consulates and their appointed agencies; and (d) other relevant government departments, agencies, statutory authorities and/or industry regulations authorities in connection with any investigation or enquiries;
5.1.12 fraud and crime prevention agencies for the purposes of assessing the risk of crime, fraud and money laundering (this forms a condition of us entering into any agreement with you);
5.1.13 our IT service providers who provide technical infrastructure services, software and development work, analyse how our Services are used and provided, or provide any Services to you and other users;
5.1.14 our marketing, research, and communications agencies;
5.1.15 media and news agencies for publicity purposes;
5.1.16 the regulatory authorities and government agencies, where applicable; and/or
5.1.17 other parties where required by Laws.
5.2 In the event of a sale of business, disposal, acquisition, merger, joint venture, debt financing, reorganisation, insolvency, bankruptcy or receivership involving us or our assets to another third party, your personal data may be required to be disclosed and/or transferred to the third party as part of our business assets. You acknowledge and authorise us to release your personal data to the third-party including its advisers and representatives, and that the other party has your consent to process such personal data.
5.3 Clauses 5.1 and 5.2 shall, at all times, be subject to the compliance of relevant Laws applicable to us and our business in all jurisdictions.
5.4 If your personal data is processed by the third party, we will request the third party to adhere to our standards and all applicable Laws but we bear no responsibilities and shall not be liable for any losses, damages, claims, costs and expenses of whatever nature resulted from and/or in connection to the non-compliance by the third party.
5.5 Except as set out above, we will never sell, distribute or disclose any of your personal data (except anonymous aggregate information) to any third party without your express consent.
6 HOW DO WE USE YOUR PERSONAL DATA FOR MARKETING PURPOSES?
6.2 The consent, as specified in Clause 6.1 above, shall include consent to receive pictures, videos, online messages and/or emails about our / our business partners', strategic partners', sponsors' or advertisers' products, services, promotions, special offers, events and/or activities that may be of interest to you.
6.3 For the avoidance of doubt, you acknowledge and consent to Tea X sharing anonymised information such as but not limited to in the following circumstances:-
(a) Aggregated Information - We may conduct joint data analytics projects with selected third-party providers using anonymised information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user's activities outside the Platform.
(b) Behavioural-based Advertising - We may collaborate with selected third parties using anonymised information to derive certain models that would facilitate more accurate advertising to selected users.
6.4 You may elect to opt out from receiving any newsletters, updates, promotional materials, festive greeting (if applicable) or other communication, in part or in whole, for general purposes or for marketing purposes set out in this Clause 6, by following the "unsubscribe" links or instructions within the email we send you at any time. In any event, your latest written instructions to us will prevail.
6.5 Take note that for as long as you remain a registered user with us, you will not have the option to opt out from receiving user-related notifications and/or materials from us.
7 WHEN DO WE DISCLOSE YOUR PERSONAL DATA?
7.1 Other than those set out above in Clauses 5 and 6, we will treat your personal data as private and confidential and will not disclose your personal data to any third party unless any of the following events arises:
7.1.1 you have given us the permission to disclose your personal data;
7.1.2 we are required or permitted to do so under the Laws;
7.1.3 we are required to fulfil our obligations as specified in this Privacy Policy;
7.1.4 we are required or authorised by any order of court, tribunal or authority, whether governmental / quasi-governmental or requests from law enforcement / other government agencies with jurisdiction over us; and/or
7.1.5 we are required to transfer rights and obligations under this Privacy Policy.
7.2 If there are any complaints or enquiries with regard to the disclosure of your personal data to any third party under this Privacy Policy, particularly the disclosure set out in Clauses 5, 6 and 0, you may contact us at the addresses specified in Clause 14.1.
8 WHAT ARE OUR OBLIGATIONS AND YOUR OBLIGATIONS?
8.1 Our Obligations: It is obligatory for us to process your personal data on the legitimate interest to run and manage the Platform. We follow generally accepted industry standards to protect the personal data submitted to us. We will take all steps reasonably necessary, including all reasonable technical and organisational precautions, to ensure that your personal data is treated securely and in accordance with this Privacy Policy including all applicable Laws.
8.2 Your Obligations : It is obligatory for you to provide us with complete and accurate personal data and keep us updated of your personal data, failing which we may not be able to process your personal data to fulfil the purposes in Clause 4.1 above. As a consequence, (a) your application as a registered user will be rejected by us and you are not be able to access to certain part of the Platform which is only accessible to a registered user; or (b) if you are a registered user, your relationship with us shall cease to be in effect and your membership will be terminated.
8.3.1 you have obtained the consent from such other persons and necessary authorisation from such organisations or companies that the personal data is given voluntarily, accurately and complete;
8.3.2 you are authorised to receive any privacy notice and other related information on his / its behalf; and
8.3.3 you have been given consent and/or authorisation to transfer his / its personal data abroad,
failing which you shall indemnify and keep us indemnified against any claims from such other persons or organisations or companies.
8.4 If there are any changes to your personal data, you hereby acknowledge that you have the obligation to inform us immediately, in any event not more than seven (7) calendar days after such changes arise. You shall send us a written notice (by mail or email) in respect of such changes, in which we will update your personal data within twenty-one (21) calendar days upon receipt of your written notice.
8.5 Without contrary to Clause 8.4 above, if you do not wish for any part of your personal data to be used by us for the purposes set out in this Privacy Policy, you are required to notify us immediately via phone calls or email us at the email address specified in Clause 14.1.
8.6 Incomplete Personal Data: Where the personal data is requested for the purposes in Clause 4.1 above, you, or any such other persons or organisations or the companies represented by you have the option not to provide additional personal data requested by us other than the information which we have indicated as necessary to facilitate the commercial transaction. If the personal data provided by you is incomplete, we will not be able to process your personal data for the purposes outlined in this Privacy Policy and may not be able to offer the Services and/or to fulfil your request (if applicable) and/or to accept payments from you.
9 DO WE STORE AND TRANSFER YOUR PERSONAL DATA OUTSIDE MALAYSIA?
9.1 Your personal data may from time to time be transferred to, stored, used and processed by us in places other than Malaysia. This is because some of our digital storage facilities, servers, and service providers may be located in such other places.
9.2 Your personal data may also be transferred out of Malaysia to third parties in a jurisdiction other than Malaysia where you are situated at while using any Services or accessing the Platform and you hereby consent to and authorise us in respect of the transfer of your personal data out of Malaysia.
10 HOW LONG DO WE RETAIN YOUR PERSONAL DATA?
10.1 We will only retain your personal data for so long thereafter as is necessary for us to fulfil the purposes as set out in this Privacy Policy.
10.2 However, we may need to retain your personal data for longer if it is necessary for us to (a) comply with our legal obligations; (b) to respond to any disputes, claims or complaints made related to you; or (c) to enforce and execute our legal agreements and policies.
11 WHAT RIGHTS DO YOU HAVE?
11.1 You have various rights in law in respect of your personal data retained by us. Your rights are set out as follows:
11.1.2 requesting rectification or erasure of your personal data or to keep your personal data up-to-date (provided that you have complied with your obligation in Clause 8.4);
11.1.3 requesting restrictions on the processing of your personal data; and
11.1.4 objecting to our processing of your personal data.
11.2 Pursuant to your right to access your personal data in Clause 11.1.1:
11.2.1 you also have the right to receive a copy of your personal data in an electronic format. However, this right is limited to personal data that you have provided to us and is processed based on your consent. It does not cover personal data that we receive on other grounds or from other sources; and
11.2.2 we may withhold your request to access your personal data in certain circumstances, including but not limited to (a) when we are unable to confirm your identity; (b) where such personal data requested is of confidential nature; or (c) when we receive repeated requests for the same data. In any event, we will promptly notify you of the reasons for not being able to accede to your request.
11.3 Subject to your requests in Clauses 11.1.2, 11.1.3, and/or 11.1.4, we reserve all our rights to deny your access to the Platform and/or to reject any / all your requests or require further documentary evidence for reasons permitted by the applicable Laws.
12 HOW DO WE USE COOKIES ON OUR PLATFORM?
12.1 We and our business partners may use cookies, advertising identifiers, web beacons, tags, scripts, local shared subjects such as HTML5 and Flash / flash cookies including other similar technology ("Cookies ") for the purposes of holding your usage data in respect of the Services, the Platform and to recognise your device on your next log in which we may promptly deliver tailored information to you that matches your purchasing interests.
12.2 The Cookies have unique identifiers which may be stored on the Platform, on the device you use to access the Platform, and/or in emails we send to you. The Cookies may transmit information about you and your use of the Services and/or the Platform, including but not limited to the period of usage, your search preference, browse type, IP address, and/or data relating to advertisements displayed and clicked in by you.
12.3 Without contrary to any other provisions under this Privacy Policy, third parties may use the Cookies on the Platform to collect the same type of information for the same purposes as specified in Clause 12.2 above. The third parties may associate the information about you obtained from the Platform or from any other resources for their other purposes, in which we do not have any responsibility, access nor control in regard to the usage of such information.
12.4 We may share non-personally identifiable information from or about you with the third parties, including but not limited to location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as email address) to facilitate the display of targeted advertising.
12.5 In any event, you may disable, block or deactivate Cookies at any time by adjusting your Internet browser setting to disable such Cookies. You may also limit our sharing of your information through mobile settings.
13 ARE WE RESPONSIBLE FOR PRIVACY POLICY AT THIRD-PARTY PLATFORMS?
The Platform and Services may contain links to third-party websites. These third-party websites are not related to, associated with us or under our control. Therefore, we are not responsible or liable for their privacy policy in regard to any collection, usage, maintenance and/or sharing of personal data of such third-party websites. We reserve the right to disable any links to any third-party websites in our sole discretion.
14 HOW TO CONTACT US?
Address | : | Lot L1-01, 1st Floor, Shaw Parade, Changkat Thambi Dollah, 55100 Kuala Lumpur. |
Telephone number | : | +603-2145-1200 |
Email address | : | |
For the attention of | : | Customer Relationship Management Executive |