We are a social gifting platform, Re:Crave (“Platform”). We respect the privacy of all individuals who are using our Platform to engage the service (“Service”) we provide or to receive the benefits of the Service we provide. We understand that we have a responsibility under the Personal Data Protection Act 2010 to properly manage, protect and process and the data that is in our possession. Our privacy policy (“Policy”) is designed to assist you in understanding how we collect, use, disclose or process the personal data that is at our hands.

1. USE OF DATA (PURPOSES)

We collect data for the following purposes:

1. To consider and/or process your account registration with us;

2. To manage, operate, provide and/or administer your use of our Service;

3. To remember your relationship and user account with us;

4. To respond, process and complete an order of products listed by Seller that you have made on our Platform;

5. To complete your order of the products and process it for sending to you or the recipient’s details you have informed us with; 

6. For you to list your products and any content associated with your business such as business names/content and etc (if you are a seller);

7. To enforce our Terms of Use and Service;

8. To collect payment on your behalf from the Buyer (if you are a Seller) and remit the payment to your bank account in accordance with our Terms of Use and Service;

9. For our commission and processing fees purposes (when required);

10. To guard against illicit activity and fraud;

     

11. For analytics and measurement to understand how our Service is provided;

12. To allow us to interact and communicate with you;

13. To maintain and administer any software updates or any other updates that is necessary to ensure smooth running of our Service;

14. For identification and verification of your or the recipient (whom you have informed us of the details voluntarily) identity;

15. To deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by you or on your behalf;

16. To contact and communicate with you or the recipient (whom you have informed us of the details voluntarily) via voice call, text message, email, postal mail or any other method for any purpose including but not limited to administering and/or managing your relationship with us or your use of our Service;

17. To conduct research, analysis and development activities (including but not limited to data analytics, survey, product and service development and/or profiling) to analyse how you use or Service, to recommend products and/or services, to improve our services or products and/or to enhance your customer experience;

18. To allow for audits and surveys to validate the size and composition our target audience and understand their experience with our Platform.

19. To market, advertise and newsletter publication purposes and in this regard, to send you by various mediums and modes of communication, marketing and promotional information and materials however you may unsubscribe this option;

20. For marketing and advertising purposes in general; 

21. To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;

22. To audit our business;

23. To carry out due diligence or other screen activities in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or may have been put in place by us;

24. To prevent or investigate any actual or suspected violations of our Terms of Use and Service, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;

25. To respond to any threatened or actual claims asserted against us;

26. To store, host, back up (whether for disaster recovery or otherwise) of your personal data whether within or outside of your jurisdiction;

27. To deal with a business asset transaction or a potential business asset transaction where such transaction involves us. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organization or a portion of an organization of any of the business or asset of an organization; and/or

28. Any other purposes which we shall notify to you.

2. CONSENT

Please understand that by using our service, registering your account with us, accessing our service, visiting our Platform, you shall hereby acknowledge and agree that you accept this Policy and hereby consent to us collecting, using, disclosing or processing your data.

3. NON-CONSENT

If you do not consent to your data being processed by us as stated in this Policy, we would have to regretfully request you to not use our Service or access our Platform. 

4. CHANGES TO PRIVACY POLICY

We may amend our Policy from time to time and the amendment shall be notified by posting those changes or amended Policy on our platform. 

To the fullest extent permissible under applicable law, your continued use of the Services shall constitute your acknowledgment and acceptance of the changes made to this Policy.

5. RECIPIENT’S DATA

The Buyer may provide us recipient’s data- a person to receive the items (“Recipient”) however Recipient’s data is strictly only for the arrangement for the successful delivery of the item to the Recipient’s address (including verifying the Recipient’s details accordingly when delivering the said item) as requested by the Buyer. It is for us to perform an obligation to the Buyer who has engaged our Service and this is considered as transaction-related information. When the Buyer sends the Recipient’s information to us, the Buyer shall be deemed to have gotten consent from the Recipient. 

When it comes to Recipient’s data, we will help the Buyer to remember the relationship with the Recipient and the information that was previously provided to us by the Buyer. We will keep records of the Recipient’s data especially when we have to deal with disputes or complaints or legal proceedings that involve the Recipient. But that is the only thing we do with the Recipient’s data. For the avoidance of doubt, Recipient’s data is not subject to marketing or any other purposes other than the purposes stated in this clause. To the extent permitted by law, the Recipient may exercise its right under the law and in the event, we can assist that, a recipient may send an email to us to address the matter.   

6. INFORMATION THAT WE COLLECT

The types of information that we may collect are as follows:

1. Information that identifies you such as your name, salutation, address, email address, and other contact information such as mobile number and etc;

2. Information that identifies your shop and products (if you are a seller) that you wish to sell on our Platform;

3. Your relationship with the recipient (if you are a buyer);

4. Bank Account information;  

5. Location data;

    

6. Transaction related information such as the recipient’s name, address and phone number;

7. Marketing and communication data; and 

8. Additional information that you provide to us when you are using our Platform.

The data that you send to us must not be misleading or inaccurate and we may request verification from you if needed.

7. HOW DO WE COLLECT YOUR INFORMATION?

We will collect your information when any of the following situation occurs:

1. Register your account with us;

2. Access our service;

3. link your account with your social media;

4. Listing your products on our Platform or providing content on our Platform in regards to your business;

5. Communicate with us;

6. Subscribe to our publication;

7. Visit or browse our Platform;

8. Participate in any of our survey;

9. Respond to our marketing materials;

10. Respond to offer or promotion;

11. Lodge a complaint with us;

12. Provide feedback to us in any way;

13. Providing us recipient’s information;

14. Requesting Payment from us or when we remit payment to your account;

15. Carry out payment transactions or any transaction when using our service.

The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.

We may use “cookies” or similar technology to obtain your information. This is for us to keep tracks of information you have provided to us or be able to allow us to understand you better. You are allowed to refuse the use of Cookies by going to your account settings or send an email to us if you are unable to disable on your account settings however this may affect the overall functionality of our Platform. 

8. DATA REQUIRED BY LAW

There will be some data that will be required to be disclosed under obligation by law. In such case, you acknowledge, consent and agree that we may access, process and disclose your information if required to do so by law or pursuant to an order by a court or by any governmental or regulatory authority having jurisdiction over us.

9. WITH WHOM WE SHARE YOUR DATA

We may share your data with the relevant authority or any government agency. We also may share your data to shipping companies, seller and other third parties we use to support our business. These include but are not limited to those parties which helps to process, make transactions or help to assist the Service on our Platform or to help to support our business. 

We may also share your data with a buyer or other successor if there is a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceedings in which personal data is one of the assets being involved.

10. DATA SHARED WITH OUR MARKETING PARTNERS 

Data maybe shared with our marketing partners however in such case, you are allowed to opt out in this situation. Kindly just send an e-mail for us to cease processing your data for the purpose of direct marketing or disabled the feature in your account setting. 

11. YOUR RIGHTS TO ACCESS AND CORRECT YOUR PERSONAL DATA

You can access and correct your personal data in the account settings. In the event the data is not able to be accessed or corrected through the account settings, we can assist you to access and correct your personal data held by us. Where you wish to have access to your personal data in our possession, or where you are of the opinion that such personal data held by us inaccurate, incomplete, misleading or not up-to-date, you may make a request to us by sending email to us. You will have to fill up a data access request form and data correction form which will be sent us when you make the request. Fees maybe imposed to meet our costs. 

However, we shall retain our right to not comply with a data access request if:

1. We have not been supplied with sufficient information in order to establish the requestor identity;

2. We have not been supplied with sufficient information as we may reasonably require to locate the personal data which the data access request relates;

3. The data access can only be done by accessing another person’s personal data;

4. The burden or expense of providing access is disproportional to the risks to your privacy; 

5. At the risk of violating a court order;

6. Providing access might disclose our confidential commercial information; and

7. Have not received fees for the data access request.

12. REQUEST TO WITHDRAW AND DELETE DATA

You may withdraw your consent for the collection, use and/or disclosure and/or request deletion of your personal data in our possession or under our control by using our account settings (if applicable) or by sending an e-mail to us and we will provide assistance accordingly.

However, your withdrawal of consent/request for deletion of data may mean that we will not be able to continue to provide Service to you and we may need to terminate the existing relationship you have with us.

13. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will retain your personal data in compliance with this Policy with us for a period that is necessary to protect our interests. However, we will destroy or anonymize your personal data when we have reasonably determined that:

1. The purpose for which that personal data was collected is no longer being served by the retention of such data;

2. Retention is no longer necessary for any legal or business purposes; and

3. No other legitimate interests warrant further retention of such data.

14. HOW DO WE PROTECT AND SAFEGUARD YOUR DATA?

We play important roles in protecting your personal data. As a user, you should be careful that any information including your username and password is not compromised by not accidentally or knowingly sharing it with others.

We will our own security procedures to help protect the accuracy and security of your personal information and prevent unauthorized access or improper use.

15. DISCLAIMER FOR USE OF THIRD-PARTY SITE

We shall not be responsible for your action in clicking a link to a third-party site. We also don’t guarantee the security of your personal data in a third-party site as it is outside our control.

16. DISCLAIMER AGAINST LOCATION DATA COLLECTED BY PAYEX

We are partnered with the payment gateway, Payex. You may read Payex Privacy Policy here at https://www.payex.io/legal-information-830868-530458.html. Payex may through our Platform or their own platform collect location data for fraud management purposes however you are allowed to exercise your right to refuse the collection of location data. We are not responsible for any action that is caused by Payex including collection of location data through our Platform. 

17. TRANSFER OF YOUR PERSONAL DATA OUTSIDE MALAYSIA

Any personal data which you have entrusted to us will be treated with the highest standard of security strictly in compliance with Personal Data Protection Act 2010. For now, we don’t share data outside Malaysia however if such happens, you shall consent to us transferring your data outside Malaysia. We shall take reasonable steps to ensure that any such service providers or business partners are contractually bound not to use your personal data for any reason other than to provide the services they are contracted by us to provide and to adequately safeguard your personal data.

18. INCONSISTENCY BETWEEN BAHASA MALAYSIA AND ENGLISH VERSION

We had released both Bahasa Malaysia and English version of this Policy. If there is any inconsistency between Bahasa Malaysia and English version, the English Version shall prevail. 

19. OUR CONTACT DETAILS

If you have any questions, comments or suggestions about our administration of personal data, please contact us at dpo@recrave.co.