1.INTRODUCTION
(a) This is the privacy policy (“Privacy Policy”) of Nuffnang Sdn Bhd and its partners, related and/or associated companies/brands and agencies. These entities are collectively referred to as “Nuffnang”, “we”, “us” or “our”. Nuffnang is committed to respecting and protecting your privacy online. This Privacy Policy explains our practices regarding the collection, use, disclosure and transfer of your personal data.
(b) This Privacy Policy is incorporated as part of the Nuffnang’s Terms of Service. Your access to the Platform and/or use of the Service is subject to the Terms of Service and this Privacy Policy. Unless specifically defined in this Privacy Policy, the defined terms shall have the same meaning as defined in the Terms of Service.
(c) To process, administer and/or manage your relationship with us, we will necessarily need to collect, use, disclose and/or process your personal data. This Privacy Policy applies to personal data about you and/or individuals provided by you, possessed by us or that we obtain about you, whether now or in the future. We will only process your personal data in accordance with the prevailing personal data protection and privacy laws of the countries we operate in and this Privacy Policy.
(d) If you are a company, an entity or an organisation, references to the term “you” and “your” shall also include your employees, independent contractors, representatives and agents.
(e) By accessing, browsing, downloading and/or using our Platform and/or Service, or by dealing with us, you acknowledge that you have read and understood this Privacy Policy and agree to us processing your personal data in accordance with the manner set out in this Privacy Policy, as may be amended from time to time.
(f) We may revise or update this Privacy Policy at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of our Platform and/or Service or dealing with us after a revision or update to this Privacy Policy constitutes your binding acceptance of the revised or updated Privacy Policy.
(g) It is necessary for us to collect and process your personal data. If you do not provide us with your personal data, or do not consent to this Privacy Policy or any amendments to this Privacy Policy, we may not be able to render all Services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using the Platform and/or Service.
(h) Salinan asal Dasar Privasi ini adalah disediakan dalam Bahasa Inggeris. Sekiranya terdapat sebarang pertikaian antara versi Bahasa Inggeris dan versi Bahasa Melayu Dasar Privasi ini, versi Bahasa Inggeris akan didahulukan.
2. COLLECTION OF PERSONAL DATA
(a) The term “personal data” means any information, whether recorded in a material form or not, and with other information, from which a person (including employees, independent contractors, representatives and agents of a company, entity or an organisation) is identified or identifiable.
(b) We may collect the following personal data from you:
(i) Identity data, such as your name, nationality, gender, date of birth, biometric data, image;
(ii) Contact data, such as billing address, delivery address, email address and phone number(s);
(iii) Account data, such as bank and credit/debit card details, e-wallets, payment details, financial information and employment information;
(iv) Sensitive personal data, such as your physical or mental health or condition, your political opinions, your religious beliefs or other beliefs or a similar nature, the commission or alleged commission by him of any offence or any other personal data as the ministry in charge of such matters may determine by order published in the Gazette. For the purpose of this clause, “Gazette” means the official Gazette of the Federation and shall, to the extent specified in subsection 18(3), include the official Gazette of any state;
(v) Social Media Channels data, such as the number of followers, number of likes in your contents, the level of engagement and any other kind of performance data;
(vi) Transaction data, such as payment manners, details about payments to and from you or any agency or company you are attached to, and other details of services you have engaged with us or through us;
(vii) Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, mobile carrier, URLs and other technology(ies) on the devices you use to access the Platform and/or Service;
(viii) Profile data, such as your username, your interests, preferences, rates (e.g. for Posts, Instagram stories, etc) and contents you posted and/or updated from time to time in your Account;
(ix) Communication data, such as the individuals or the Community you communicate with via the private chat function, Community chat function, your consistency of engagement and the type of Community chats you engage with;
(x) Undelivered messages if a message cannot be delivered immediately;
(xi) Media forwarding, so that subsequent forwards will be delivered more efficiently;
(xii) Usage data, such as information on how you use the Platform and/or the Services and your preferred language when using our third party translation services; and/or
(xiii) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.
The types of personal data collected depend on the purpose(s) of collection. We may process your personal data by way of collecting, recording, altering, holding, storing, transferring, erasing, correcting, retrieving, destructing, aligning, combining, disclosing and/or deleting it.
(c) Your personal data may be collected from you during your course of dealing with us in any way or manner, regardless online or offline, including pursuant to any transactions and/or communications made from/with us. We may also collect your personal data from a variety of sources, including without limitation in the following situations:
(i) When you register for an Account with us;
(ii) When you link your Social Media Channel(s);
(iii) When you contact us through our customer service chat;
(iv) When you submit any forms to us, including (but not limited to) application or registration form;
(v) When you enter into any agreement or provide other documentation or information in respect of your arrangement with us or through us with the Campaign Owner;
(vi) When you use any of the features or function available on the Platform and/or Services;
(vii) When you use our or the Campaign Owner’s products, services or marketing collaterals;
(vii) When you participate in a meeting, event, activity, campaign, contest or promotional activity;
(ix) When you participate in a meeting, event, activity, campaign, contest or promotional activity;
(ix) When you participate in a meeting, event, activity, campaign, contest or promotional activity;
(d) In addition, we may also receive, store, and process your personal data which are provided or made available by any third parties whom you have authorised, credit reference/reporting bodies, regulatory and law enforcement authorities, for reasons including delivery of our Service, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.
(e) You must only submit personal data which is accurate and not misleading, and you must keep it up to date and inform us of changes. Unless we are informed of the changes, Xamble Creators shall assume that all personal data that is provided / last updated shall be true and accurate. We shall have the right to request for documentation to verify the personal data provided by you as part of our verification processes.
(f) If you provide personal data of any third party to us, you represent and warrant that you have duly obtained the necessary consent from that third party to share and transfer his/her personal data to us, and for us to collect, use and disclose that data in accordance with this Privacy Policy.
3. PURPOSE OF ACQUIRING AND PROCESSING YOUR PERSONAL DATA
(a) The personal data as provided/furnished by you to us or collected by us from you or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the “Purposes”):
Where you are a Xamble Creators’s User:
(i) to register and administer your Account with us;
(ii) to process, manage or verify your identity;
(iii) to process payment to you for the purpose of processing campaign payment;
(v) to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries, requests or complaints given by (or purported to be given by) you or on your behalf;
(v) to suggest Communities for you to engage in, based on your interests and the Community(ies) you are a member in;
(vi) to contact you or communicate with you via our preferred communication platform, but not limited to our Platform’s chat, voice call, text message, WhatsApp, Telegram, Discord, WeChat and/or fax message, email and/or postal mail or otherwise for the purpose of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same;
(vii) to personalise and improve your user experience with the Platform and/or Service;
(ix) to conduct internal marketing analysis, user profiling activities, analysis of user patterns and choices, usage and activity trends analysis in relation to the Platform and/or Service and our users’ demographics (on an anonymised basis);
(x) to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
(xi) to comply with our legal and regulatory obligations under the applicable laws, legislation, regulations or court orders;
(xii) to comply with or as required by any request or direction of any governmental/law enforcement authorities or responding to requests for information from public agencies, ministries, statutory bodies or other similar authorities;
(xiv) to detect, investigate and prevent any suspicious transaction, fraud, prohibited or illegal activities, omission, misconduct or misuse of the Platform and/or Service, whether relating to your use of our Platform and/or Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;
(xv) to transfer or assign our rights, interests and obligations under any agreements entered into with us;
(xvi) for internal administrative and updating purpose, such as auditing, data analysis, record keeping, contact lists, risk management, security, etc;
(xvii) for our storage, hosting back-up (whether for disaster recovery or otherwise) of your personal data, whether within or outside your country,
(xviii) to conduct automated-decision making processes in accordance with any of these purposes;
(xix) for operational purposes or some other purposes that is deemed necessary for operation; and/or
(xx) any other purposes which we notify you of at the time of obtaining your consent; and you agree and consent to us using and processing your personal data for the Purposes as identified in this Privacy Policy.
Where you are a Nuffnang’s business/marketing partner, brand or agency:
(i) to engage you to provide services on our Platform;
(ii) to process any payments related to your commercial transactions with us;
(iii) to communicate with you and to maintain and improve customer relationship;
(iv) to provide you with support and handle requests and complaints;
(v) to conduct credit reference checks and establish your credit worthiness;
(vi) to carry out due diligence or other monitoring or screening activities (including background checks) in accordance with legal or regulatory obligations or risk management procedures that may be required by law or that may have been put in place by us;
(vii) to send you seasonal greetings messages, gifts, newsletters from time to time;
(viii) to protect and/or enforce our legal rights and interests, including defending any claim;
(xi) to comply with our legal and regulatory obligations under the applicable laws, legislation, regulations or court orders (including but not limited to any listing requirements);
(x) to comply with or as required by any request or direction of any governmental/law enforcement authorities; or responding to requests for information from public agencies, ministries, statutory bodies or other similar authorities;
(xi) to detect, investigate and prevent any suspicious transaction, fraud, prohibited or illegal activities, omission, misconduct or misuse of the Platform and/or Service, whether relating to your use of our Platform and/or Services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;
(xii) to transfer or assign our rights, interests and obligations under any agreements entered into with us;
(xiii) for internal administrative and updating purposes, such as auditing, data analysis, record keeping, contact lists, risk management, security, etc; and/or
(xiv) for our storage, hosting back-up (whether for disaster recovery or otherwise) of your personal data, whether within or outside your country.
(b) We may also use and process your personal data for the following marketing and promotional purposes (“Marketing and Promotional Purposes”):
(i) to send you information, alerts, push-notifications, newsletter, updates, promotional materials, special privileges, announcement on services, upcoming events or campaigns offered/organised by us, and/or our selected third parties (business/marketing partners, brands or agencies) which may be of interest to you;
(ii) to send you seasonal/festive greetings or messages;
(iii) to notify and invite you to events or activities organised by us and/or our selected third parties (business/marketing partners, brands or agencies) which may be of interest to you;
(iv) to process your registration to participate in or attend an event and to communicate with you regarding your attendance at the event; and/or
(v) to share your personal data within our organisation and our selected third parties (business/marketing partners, brands or agencies) who may communicate with you to market their services from time to time by SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels.
You have the right at any time to request us to stop sending you any marketing and promotional materials or contacting you for Marketing and Promotional Purposes. You may also click on the “Unsubscribe” link embedded in the relevant marketing and promotional email in order not to receive any marketing and promotional email in the future. If you unsubscribe, we may still send you non-marketing and promotional communications, such as those about your Account, about the Platform and/or Service or our other ongoing business relations.
You have the right at any time to stop push-notifications from us by changing the settings on your devices.
(c) If you are a User, your user profile information such as your username or e-mail will be used to identify you when you use the Platform and/or Service. Your username may be displayed to other users when you submit your application. We will not directly disclose or share your user email address and other information without your consent.
(d) We may also use, process, and share non-personally identifiable, aggregated, statistical and/or anonymous data with third parties for data analytics and to analyse and develop our marketing strategy and further improve and enhance the Platform and/or Service.
(e) You agree and consent to us using and processing your personal data for the Purposes as identified in this Privacy Policy.
(f) We will seek your separate consent for any other purposes which do not fall within the categories stated above.
4. CONSEQUENCES OF NOT CONSENTING TO THIS PRIVACY POLICY / NOT PROVIDING YOUR PERSONAL DATA
The collection of your personal data by us may be mandatory or voluntary in nature depending on the Purposes for which your personal data is collected. Where it is mandatory for you to provide us with your personal data, and you fail or choose not to provide us with such data, or do not consent to the above or this Privacy Policy, we will not be able to provide our Platform and/or Service to you or engage you to provide services to us or on our behalf or issue payments to you for the services provided (if you are our business/marketing partner, brand or agency).
5. DISCLOSURE OF YOUR PERSONAL DATA
(a) our subsidiaries, related and/or associated companies;
(b) your immediate family members and/or emergency contact person as may be notified to us from time to time;
(c) successors in title to us;
(d) our business/marketing partner, brands and agencies;
(e) 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;
(f) any party in relation to legal proceedings or prospective legal proceedings;
(g) 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; any party nominated or appointed by us either solely or jointly with other service providers, who provide services or conduct data processing on our behalf or for data centralization and/or logistics purposes;
(h) data centres and/or servers located within or outside your country for data storage purposes;
(i) storage facility and records management service providers;
(j) government agencies, law enforcement agencies, courts, tribunals, regulatory/professional bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any country, 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;
(k) credit reference/reporting agencies for the purpose of credit checking on you;
(l) our business/marketing partners, third party product service providers, brands or agents, on a need to know basis, that provide related services in connection with our business on our behalf or to assist us with the provision of the Platform and/or Service to you;
(m) insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
(n) financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary;
(o) banks and financial institutions, merchants and credit/debit card companies in connection with your commercial transactions with us;
(p) This Privacy Policy is incorporated as part of the Xamble Creators’ Terms of Service. Your access to the Platform and/or use of the Service is subject to the Terms of Service and this Privacy Policy. Unless specifically defined in this Privacy Policy, the defined terms shall have the same meaning as defined in the Terms of Service.
(q) This Privacy Policy is incorporated as part of the Xamble Creators’ Terms of Service. Your access to the Platform and/or use of the Service is subject to the Terms of Service and this Privacy Policy. Unless specifically defined in this Privacy Policy, the defined terms shall have the same meaning as defined in the Terms of Service.
(r) any third party (and its advisers/representatives) in connection with any proposed or actual reorganization, merger, sale, consolidation, acquisition, joint venture, assignment, transfer, funding exercise or asset/share sale relating to all or any portion of our business or in the unlikely event of insolvency, bankruptcy or receivership; and/or
(s) any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out in the Purposes or as instructed/authorised by you.
6. ACCURACY OF YOUR PERSONAL DATA
We take it that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data. Please note that your failure to maintain accurate, complete and up-to-date personal data may result in your inability to access and use the Platform and/or Service or if it is concerning the withdrawal from your “Pocket” (i.e. if wrong financial information produced is out of date or inaccurate), the payment may be delayed.
7. YOUR RIGHTS
(a) To the extent that the prevailing personal data protection and privacy laws of the countries we operate in allow, you have the right to request for access to, request for a copy of, request to update or correct, your personal data held by us. We may charge a small fee (such amount as permitted under the applicable law) to cover the administration costs involved in processing your request to access your personal data. Notwithstanding the foregoing, we reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data.
(b) In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be effected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us or the contract that you have with us will have to be terminated.
(c) Furthermore, you have the right, by notice in writing, to inform us to cease the processing of your personal data or not begin the data processing where such processing is causing or is likely to cause substantial and unwarranted damage or distress to yourself or another person. You are required to prove that the processing of such personal data is likely to cause substantial damage (e.g. financial loss) or substantial distress (e.g. emotional or mental trauma) to yourself or another person and that such damage or distress is or would be unwarranted. We are not collecting your personal data as it is a legal requirement to not collect such. However, you shall not have the right to prevent processing of your personal data if you have given consent to the processing or such processing of personal data is necessary (e.g. for the performance of a contract to which you are a party, for compliance with any legal obligation to which the data user is the subject).
(d) For the purposes of direct marketing, you have the right to require us to either cease or not begin the processing of your personal data, by notice in writing. However, in the following circumstances, we are permitted to conduct direct marketing to you: (a) if we obtained your consent; (b) for the collection of your personal data for provision of services; (c) if you are informed of the identity of direct marketing organisations and the purpose of collection and disclosure; (d) in the event the services offered to you from us is similar to the product and services generally provided by us; or
(e) in the event we are committed to providing an opt-out option for you during the collection of personal data.
You may correct, update or delete your personal data at any time by editing your profile on the “Account Settings” page on the Platform. However, please note that your personal data may be retained on our back-up systems for some time. In addition, you cannot delete information associated with past transactions and withdrawals from your Pocket as we keep track of these records.
8. RETENTION OF YOUR PERSONAL DATA
Any of your personal data provide to us is retained for as long as the purposes for which the personal data was collected continues; your personal data is then permanently destroyed in the event your personal data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax, audit or accounting requirements.
9. SECURITY OF YOUR PERSONAL DATA
(a) 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 commercially 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.
(b) We will make reasonable updates to our security measures from time to time and ensure the authorised third parties only use your personal data for the Purposes set out in this Privacy Policy. Notwithstanding this, we cannot and shall not be held responsible for such third parties actions or inactions in relation to your personal data.
(c) The Internet is not a secure medium. However, we will put in place various reasonable security procedures with regard to the Platform and your electronic communications with us. All our employees and data processors, who have access to, and are associated with the processing of your personal data, are obliged to respect the confidentiality of your personal data.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secured. While we take commercially practical steps to protect your personal data, we cannot and do not accept responsibility for any unauthorised access, unlawful interceptions or loss of personal data transmitted to or from Xamble Creators and are not responsible for the actions of any third parties that may receive any such personal data.
10. TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF YOUR COUNTRY
(a) To the extent that you have provided (or will provide) personal data about your family members, spouse, other dependents (if you are an individual), directors, shareholders, employees, representatives, agents (if you are a corporate, an entity or an organisation) and/or other individuals, you confirm that you have explained to them that their personal data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their personal data in accordance with this Privacy Policy.
(b) In respect of children (i.e. individuals under the age of 18 or the legal age for giving consent pursuant to the applicable laws in your country) or individuals not legally competent to give consent, you confirm that you are the parent or legal guardian or person who has parental responsibility over them or the person appointed by court to manage their affairs or that they have appointed you to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their personal data in accordance with this Privacy Policy.
11. TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF YOUR COUNTRY
Our information, technology, storage, facilities, and servers may be located in other countries outside of your country. This may include, but not limited to, instances where your personal data may be stored on servers located outside of your country. In addition, your personal data may be disclosed or transferred to entities located outside your country. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in your country under the applicable laws in your country. You hereby expressly consent to us transferring your personal data outside of your country for such purposes.
12. INTERNET AND MOBILE APPLICATION USE
(a) You acknowledge that the provision of your personal data to us over the Internet is entirely at your own risk.
(b) You further acknowledge that if you upload / post any contents on your profile it will become public information and will be retained by us even after your account has been terminated.
(c) If any part of the Platform links you to other websites, those websites do not operate under this Privacy Policy and we do not accept any responsibility or liability arising from those websites. We suggest you read and understand those websites’ privacy policy before you provide your personal data to those websites.
(d) We use cookies (an alphanumeric identifier that we transfer to the hard drive of your computer or the flash memory of your mobile device so that we can recognise your web browser or mobile device, track your visits to the Platform or remember your username and/or password each time log-in) to monitor your use of the Platform. All such demographic data collected through cookies are not personal data and we may use this data in aggregated, statistical and/or anonymised form. You may disable cookies by changing the settings on your web browser or mobile device, although this may mean that certain features on the Platform will not function properly if you set your web browser or mobile device to not accept cookies.
(e) Please note that when you install our mobile application and register an Account or log into your Account on your mobile device, we will collect and use your personal data, in accordance with this Privacy Policy, whenever you activate our mobile application on that mobile device. This use includes linking your personal data with your Account. Most mobile platforms (iOS, Android, etc) have different permission systems for obtaining your consent. The iOS platform will alert you the first time our mobile application seeks before you first use the mobile application, and your use constitutes your consent.
(f) The Platform may integrate with your Social Media Channel(s) and other related tools which allows you to share information with your friends or the public, depending on the Social Media Channel(s) you link with the Platform. The Social Media Channels use of your personal data made available by Xamble Creators is governed by the specific Social Media Channel’s privacy policy, not by this Privacy Policy. By connecting your Social Media Channel account through the Platform, you agree that we may collect your personal data from your Social Media Channel in accordance with your privacy settings you have set up under your Social Media Channel account and for the Purpose provided under this Privacy Policy.
13. CONTACT DETAILS
You have the right to request access to and to request correction of your personal data. If you have any questions about this Privacy Policy, or have any further queries, or would like to make a complaint or data access, correction or limitation request in respect of your personal data, you may do so by adjusting the settings in your account maintained with us or contact us at [email protected]
Contact Person: Aaliyah Soraya
Designation: Head of Marketing
Phone Number: +603-2694 8828
E-mail address: [email protected]
