(26th August 2021)
1. GENERAL NOTES ON DATA PROTECTION
We appreciate your interest in using our website, mobile app and/or web application (as the case may be) (“ODESI Platform/Our Platforms”). We the protection of your privacy and your Personal Data very seriously. Therefore, we process your Personal Data only in accordance with applicable data protection laws.
In accordance with the Personal Data Protection Act 2010 (‘the Act’) which became enforceable on 15th November 2013 to regulate the processing of personal data in commercial transaction, we are committed to ensure complete compliance with the Act.
“ODESI Platform” means our website, mobile app and/or web application (as the case may be).
“Personal Data” means information which you have provided to us, such as your name, national identification card number, contact number, address, e-mail address, designation, company name, company number, qualifications. Information of any past breaches or convictions under any law, particulars of your spouse or family members and bank account information and any information which may identify you, your spouse or family members that may be collected, stored, used and processed by us from time to time.
By using Our Platforms, you hereby consent to the processing of your Personal Data by the Company, its respective subsidiaries, affiliates and associates and all persons or entities involved in the provision of products or services by the Company, its respective subsidiaries, affiliates and associates.
2. INFORMATION WE COLLECT
We collect information about visitors and users of Our Platforms directly from you and automatically through your use of Our Platforms including but not limited to the manner below:-
a) When you voluntarily provide your Personal Data to us through Our Platforms or in any websites, platforms or social media platforms in connection or communication with the Company or Our Platforms;
b) When you provide your Personal Data in order to comply with any laws or regulations or towards the performance of contractual obligations;
c) Through the normal use and operations of or registrations on Our Platforms or services;
d) From other legitimate sources in accordance with the applicable laws; or
e) From publicly available information or sources.
When you visit Our Platforms, we automatically collect Personal Data through your visit or use of Our Platforms. This Personal Data may include, without limitation, the type of browser you use, the third-party web site from which your visit to Our Platforms originated, the search terms you use on our platforms, the specific web pages you visit on Our Platforms and the duration of your visits, your IP address, device ID and other unique identifiers, information about your operating system, settings and system configuration.
3. PURPOSES OF PROCESSING
We may process Personal Data during the course of our interactions or that you chose to provide to us for the purposes outlined below. -
You have the option of not disclosing Personal Data to us or to use a pseudonym instead, unless it is impractical, in our determination, for us to assist you or we are otherwise required by law or a court or tribunal to deal with you on an identified basis. If you choose to withhold any Personal Data, you may not use our platforms and we may not be able to provide you with all or part of Our Platforms services or fulfil a contract with any relevant business counterparts.
We process Personal Data for the following purposes:
a) as required for operating and managing Our Platforms and to be able to allow you to access and use Our Platforms with all its functions;
b) as required to provide content to you, respond to your queries or requests, communicating and interacting with you;
c) to engage you to provide services through our platform;
d) to process payments;
e) for safety and security purposes of our users and/or drivers;
f) for prevention of crime;
g) to operate our business;
h) to send you an email confirming your registration to monitor the use of Our Platforms, to improve and develop our platforms; and for internal statistical or operational purposes, such as for measuring and understanding the demographics, interests, purchases and trends of our users;
i) as required to administer and perform marketing campaigns, surveys, market analysis, contests or other promotional activities or events;
j) to resolve user support issues;
k) to protect our rights and interests as well as the rights and interests of our users and any other person;
l) to comply with applicable legal or regulatory obligations (including, but not limited to, use in connection with legal claims) and for compliance, regulatory, investigative purposes (including disclosure of such information in connection with legal process or litigation).
m) to establish and fulfil a contract with you or one of our business counterparts
4. LEGAL BASIS FOR THE PROCESSING
We rely on the following legal grounds to process Personal Data:
a) As required to establish, manage, perform and/or terminate contracts with you.
b) As required to pursue our legitimate interests, to the extent that such legitimate interests are not overridden by your data protection rights.
c) Where we have obtained your prior consent.
d) As required to comply with applicable laws or if is in the public interest.
Our Platforms may contain links to other sites. We are not responsible for the privacy practices or the content of such sites. We have established relationships with advertisers and/or business partners but such relationships are generally technical in nature, or content collaborations. If any advertisers and/or business partners access to any information entered by users in our database, this fact shall be disclosed to the user upon initiating the registration process. Users who feel they do not wish their information to be shared by anyone other than Our Platforms may then opt out of completing the registration.
6. COOKIES WHEN USING ONLINE SERVICES
Cookies are small text files which are placed on your computer or device. Cookies can identify your internet browser but not you. You can adjust your web browser settings to restrict, limit or deny cookies, but note that this may result in aspects of Our Platforms not functioning correctly. Your consent is not required for us to place necessary cookies (Session Cookies) which ensure the continuity of your browsing session while you move around the platforms, enable you to access secure areas, or allow you to save items to an online list or “basket”.
We will ask for your consent before placing any cookies on your computer or device that collect information about which aspects of Our Platforms are most visited and what errors are experienced on our platforms, so that we can improve the design and layout of our platforms and improve the effectiveness of Our Platforms and software applications.
We will ask for your consent before placing any cookies (Persistent Cookies) on your computer or device that enable Our Platforms to recall selections you have previously made, in order to provide you with a personalised experience (e.g. displaying content in your preferred language or remembering your city or country location).
We will ask for your consent before placing any advertising cookies on your computer or device that enable the delivery of advertising content related to your browsing history.
7. DISCLOSURE OF YOUR PERSONAL DATA
We will not sell, rent, transfer or disclose any of your Personal Data to any third party without your consent. However, we may disclose your Personal Data to the following third parties, for one or more of the above Purposes:
a) our related corporations and affiliates either in Malaysia or overseas;
b) successors in title to us;
c) any person under a duty of confidentiality to which has undertaken to keep your Personal Data confidential which we have engaged to discharge our obligations to you;
d) any party in relation to legal proceedings or prospective legal proceedings;
e) our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business on a strictly confidential basis, appointed by us to provide services to us;
f) any party nominated or appointed by us either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where we have a legitimate common interest;
g) data centres and/or servers located within or outside Malaysia for data storage purposes or otherwise;
h) payment channels including but not limited to financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to us in connection with your purchase of our products and/or services;
i) government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
j) our joint venture/business partners, third-party product and/or service providers, suppliers, vendors, contractors, data processors or agents, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business, including but not limited to call centers, telecommunication companies, logistics companies, information technology companies and data centers; insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
k) financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary;
l) financial institutions, merchants and credit card organisations in connection with your commercial transactions with us;
m) in the event of a potential, proposed or actual sale/disposal of any of our business or interest, merger, acquisition, consolidation, re-organisation, funding exercise or asset sale relating to us, or in the event of winding-up (“Transaction”), your Personal Data may be required to be disclosed or transferred to a third party as a result of, or in connection with, the Transactions.
You hereby acknowledge that such disclosure and transfer may occur and permit us to disclose and transfer your Personal Data to such third party and its advisors/representatives and/or any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out above.
8. SECURITY OF YOUR PERSONAL DATA
We are committed to ensuring that your Personal Data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, we endeavour, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorised or unlawful processing of your Personal Data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your Personal Data.
We will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your Personal Data for the Purposes set out in this Policy.
The Internet is not a secure medium. However, we will put in place various security procedures with regard to the Site and your electronic communications with us. All our employees, joint venture/business partners, agents, contractors, vendors, suppliers, data processors, third-party product and/or service providers, who have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data.
Please be aware that communications over the internet, such as emails/webmails are not secure unless they have been encrypted. Your communications may be routed through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.
We cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control.
9. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
You as Our Platform users and/or business counterparts generally have the following rights:
a) You can request information from us at any time as to whether and how we process your Personal Data and request that we give you access to your Personal Data or send you a copy of it.
b) If you believe that your Personal Data is incorrect or incomplete, you can ask us to correct or complete it.
c) You may also have the right to object to the processing of your Personal Data and you may request us to restrict our use of your Personal Data and to delete your Personal Data.
d) If we process your Personal Data based on your consent, you have the right to withdraw your consent at any time. You can withdraw your consent by emailing the Company. Your withdrawal will not affect the lawfulness of the processing carried out before you withdrew your consent.
With regard to the Personal Data we process based on your consent or based on a contract, you may request a copy of this Personal Data from us. Some of these rights are restricted. For example, we cannot delete Personal Data if we are obliged to store it by law or if we retain it based on a contract with the relevant platform user. In addition, information about, and access to, Personal Data may be denied if Personal Data about another person would be disclosed in the course of complying with the request, or if it is not possible for us to disclose the requested Personal Data for legal reasons.
If Personal Data is required by us to fulfil a legal or contractual obligation, providing this information is mandatory. If this information is not provided, we cannot perform the contract or fulfil our obligations. In all other cases, the provision of the requested Personal Data is voluntary.
If you would like to access, amend, restrict or enquire about your data, please contact or email us at email@example.com.
If you wish to make a complaint or report a data privacy breach, please email us.
10. HOW LONG WE RETAIN PERSONAL DATA OF DATA SUBJECTS
We will keep Personal Data for as long as it is necessary for the relationship with you or otherwise permitted or required under applicable law. If we are processing a specific request that you have sent us, we will generally keep the concerned Personal Data for as long as is necessary to process this request. Afterwards, we may retain Personal Data for an appropriate period to protect ourselves from legal claims, to administer our business, or to the extent permitted by applicable law, which may require us to hold the relevant Personal Data for specific periods.
If we process Personal Data based on consent, we will delete this Personal Data upon withdrawal of the consent. If a different retention period will apply to any Personal Data, this will be specified at the time that Personal Data is collected (e.g. when we ask for consent). Once the purpose for which the Personal Data was initially collected is achieved and the retention period has ended, we will delete or anonymise it in a secure manner without unreasonable delay. If we cannot entirely delete Personal Data due to statutory retention obligations or billing and accounting obligations, the Personal Data will be "blocked" (meaning that the Personal Data cannot be used further) until the relevant retention period expires or until the billing or accounting purpose has been fulfilled.
12. HOW TO CONTACT US
You may at any time hereafter make inquiries, complaints and request for access to, or correction of, your personal data or limit the processing of your personal data by submitting such request to us via post or email as set out below: