1. What information do we collect?
We may collect and process the following data about you:
• your name, your phone number and your location data
• details about the device you use to accessGiftSolutions, which may include your IP address or other unique device identifiers;
• cookies information as set out in section 7 below;
• any other information provided by you pursuant to your use ofGiftSolutions; and
• if you contact us, we may keep a record of that correspondence.
If you are a driver user ofGiftSolutions, we may also collect and process the following data about you:
• your contact details, other registration or profile information and reporting information about your use ofGiftSolutions;
• details required in order to collect and pay to you any fees as relevant;
• ratings information (where otherGiftSolutions users are able to rate you as a GiftSolutions driver; and
• driver performance, operational and financial details.
2. What do we use your information for?
The purposes for our collection of information and data about you on GiftSolutions include the following:
• to verify your identity;
• to provide the GiftSolutions services to you including processing any bookings and payments;
• to notify you about changes toGiftSolutions or respond to any communication nor request from you;
• to monitor the use of GiftSolutions;
• to investigate any complaints or potential breaches of the service;
• to provide you with marketing and promotional materials for your enjoyment of benefits as users of GiftSolutions;
• to identify those of you who have enjoyed benefits as users of GiftSolutions by receiving and using marketing and promotional materials;
• to design and provide products and services to you in relation to the above purposes;
• to compile aggregate statistics about you and to analyze GiftSolutions and service usage;
• matching (as defined in the Ordinance) your personal data with other data collected for other purposes and from other sources including third parties in relation to the provision of goods and services to you; and
• to facilitate our use of your personal data for purposes relating to the provision of services offered by us and the marketing services, special events and/or promotions of us and/or our clients.
3. Do we disclose any information to outside parties?
We generally only permit our duly authorized staff to access your personal information and data, and we will not release such personal information and data to any third parties save and except for the following circumstances:
• where the information and/or data is disclosed and/or transferred to any third party suppliers or external service Carriers who have been duly authorized by us to use such information and/or data and who will facilitate the services on GiftSolutions, under a duty of confidentiality;
• where the information and/or data is disclosed and/or transferred to our agents, affiliates or associates who have been duly authorized by us to use such information and/or data;
• where the information and/or data is disclosed and/or transferred to any other party in connection with a sale or proposed sale of all or part of our business or portfolio of products or other assets;
• to credit reference agencies, debt collection agencies, fraud detection and/or prevention agencies;
• to any relevant public authority or law enforcement agency, including for example where we suspect you have committed a criminal offence or we suspect fraud where required by applicable law, regulation or legal proceedings;
• in order to enforce or apply the terms and conditions of GiftSolutions or any other agreement to which you and we are a party, as applicable; and
• where we deem necessary in order to maintain and improve the GiftSolutions services.
You should take care when using any GiftSolutions social networking features since the information you choose to make available can be seen by other users in the selected group. We do not monitor the use of such features in the normal course of business although we reserve the right to do so at our discretion.
At times, it may be necessary and/or prudent for us to transfer certain personal information and/or data to our companies or service Carriers outside of Malaysia or such other countries and jurisdictions where GiftSolutions operates. This may happen if our servers or suppliers and service Carriers are based overseas or if you use GiftSolutions’s services and products while in such overseas countries and jurisdictions. We will take steps to ensure that your personal information and/or data is used by such overseas third parties in accordance with this policy and that such overseas third parties observe strict confidentiality and data protection obligations.
4. Do we use any information for direct marketing?
We and our affiliates may send you marketing messages to your telephone number if you have given us consent, or if you have not registered with any applicable do-not-call registry (or its equivalent) or the sending of such messages is permissible under applicable laws and regulations.
We and our affiliates may from time to time send to you newsletters, promotional materials and marketing materials based on the personal information and data that you have provided to us. We may use your information and data in direct marketing and we require your consent (or an indication of no objection) for that purpose.
The following classes of services, products and subjects may be marketed:
• transport, logistics and automotive related products and services;
• special events hosted by us and/or our affiliates for you andGiftSolutions members, including but not limited to competitions and social gatherings;
• reward, loyalty or privileges programmes and related products and services;
• special offers including coupons, discounts, purchase offers and promotional campaigns;
• products and services offered by our affiliates and advertisers (the names of such affiliates and advertisers can be found in the relevant advertisements and/or promotional or marketing materials for the relevant products and services, as the case may be); and
• donations and contributions for charitable and/or non-profit making purposes.
The above products, services and subjects may be provided or solicited by us and/or our affiliates, third party service Carriers providing the above products, services and subjects and charitable or non-profit making organizations (“Outside Parties”). We may provide your personal information and/or data to Outside Parties for use by them in marketing the above products, services and subjects and we require your written consent (or indication of no objection) for that purpose.
You may opt out from receiving such marketing communications at any time by sending an email to us at info@GiftSolutions.my. Any such request should also clearly state the details of personal data in respect of which the request is being made.
Please note that after opting out, you may still receive non-marketing messages, such as product updates and service notices as permitted under applicable local laws and regulations.
5. Can I access and correct my personal data?
You are able to:
• check whether we hold personal data about you and to receive copies of such data;
• require us to correct any personal data relating to you which is inaccurate; and
• ascertain our policies and practices in relation to personal data and to be informed of the kind of personal data held by us.
We will have the right to charge a reasonable fee for processing a data access request.
Requests for access to personal data, correction of personal data, information relating to the kind of data held and to stop receiving direct marketing, may be made by sending an email to us at info@GiftSolutions.my Any such request should also clearly state the details of personal data in respect of which the request is being made.
6. How do we protect your personal data?
We have adequate measures to protect your personal information from unauthorized access, accidental loss or destruction. Where we have given you (or you have chosen) a password which enables you to access certain parts of the GiftSolutions service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. While we will do our best to protect your information and data, we cannot guarantee the security of data transmitted to the GiftSolutions service; any transmission is at your own risk. Once we have received your information and data, we will use strict procedures and security features to try to prevent unauthorised access.
We do use certain cookies and other similar technologies as part of our GiftSolutions services. The cookies used are for the purpose of enabling you to use the service (for example to enable you to complete a registration or access information) and for us to understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service Carriers to assist us in better understanding our site visitors. These service Carriers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to disable cookies (through your browser or device settings) although you should be aware that this may prevent you from being able to use all parts of GiftSolutions.
8. Retention of Personal Data
Once we have obtained your personal information and/or data, it will be maintained securely in our system. Subject to legal requirements, your personal information and/or data will be retained by us after deactivation of the relevant service until you request us in writing to erase your personal information and/or data from our database. We will retain your information for only as long as there is a business or legal need.
9. Links to Third Party Websites
Occasionally, at our discretion, we may include or offer third party products or services on GiftSolutions. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of GiftSolutions and welcome any feedback about these sites.
MODIFICATIONS OF TERMS AND SERVICES
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue GiftSolutions or the Services (including but not limited to the availability of any feature or content) by sending you notice through GiftSolutions or by posting a notice on our website at www.GiftSolutions.my , which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
PERSONAL DATA AND PRIVACY
(a)You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
(b)We may give notice by means of a general notice on GiftSolutions, or by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
(c)If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d)The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
GOVERNING LAW AND JURISDICTIONS
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Both you and us agree to submit to the exclusive jurisdiction of the courts of Malaysia as regards any dispute or matter arising under these Terms.