PYNCIL - PRIVACY POLICY
NUZO TECHNOLOGY SDN BHD
25 January 2023
INTRODUCTION
We respect your privacy and are committed to protecting your personal data. This privacy policy will
inform you as to how we look after your personal data when you provide your personal data to us,
and tell you about your privacy rights and how the law protects you. Please also use the Glossary
to understand the meaning of some of the terms used in this privacy policy.
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this Privacy Policy
This privacy policy aims to give you information on how we collect and process your personal data
provided to us, including any data you may provide when you create an account with us and/or
purchase a product or service.
It is important that you read this privacy policy together with any other policy that we may
provide on specific occasions when we are collecting or processing personal data about you so that
you are fully aware of how and why we are using your data. This privacy policy supplements other
notices and privacy policies and is not intended to override them.
Changes to the Privacy Policy and Your Duty to Inform Us of Changes
We shall have the right to modify, update or amend the terms of this Privacy Policy at any time
by placing on our mobile app or website. By continuing to communicate with us or by continuing to
use our products or services following the modifications, updates or amendments to this Privacy Policy,
this shall signify your acceptance of such modifications, updates or amendments.
It is important that you keep your account information up to date (such as change of email address) to
ensure that you have the ability to recover or access your account in certain circumstances.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person
can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have
grouped together as follows:
| A. | Identity Data includes username or similar identifier. |
| B. | Contact Data includes email address and telephone numbers. |
| C. | Transaction Data includes details about payments to and from you,
and other details of products and services you have purchased from us. |
| D. | Technical Data includes 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, and other
technology on the devices you use to access our mobile app. |
| E. | Profile Data includes your username and password, purchases or
orders made by you, your interests, preferences, feedback and
survey responses. |
| F. | Usage Data includes information about how you use our app,
products and services. |
| G. | Marketing and Communications Data includes your preferences
in receiving marketing from us and third parties and your
communication preferences. |
We also collect, use and share Aggregated Data such as statistical or demographic data for
any purpose. Aggregated Data could be derived from your personal data but is not considered
personal data in law as this data will not directly or indirectly reveal your identity. For example,
we may aggregate your Usage Data to calculate the percentage of users accessing a specific
mobile app feature. However, if we combine or connect Aggregated Data with your personal data so
that it can directly or indirectly identify you, we treat the combined data as personal data
which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data / Sensitive Personal Data about you
(this includes details about your race or ethnicity, religious or philosophical beliefs,
sex life, sexual orientation, political opinions, trade union membership, information about
your health, and genetic and biometric data). Nor do we collect any information about criminal
convictions and offenses.
If You Fail to Provide Personal Data
Where we need to collect personal data by law, or under the terms of a contract we have with you,
and you fail to provide that data when requested, we may not be able to perform the contract we
have or are trying to enter into with you (for example, to provide you with services). In this case,
we may have to cancel a service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
| A. | Direct interactions. You may give us your Identity,
Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
This includes personal data you provide when you: |
| 1. | apply for our products or services; |
| 2. | create an account with us; |
| 3. | subscribe to our service; |
| 4. | request marketing to be sent to you; or |
| 5. | give us feedback or contact us. |
| B. | Automated technologies or interactions. As you interact
with our mobile app, we will automatically collect Technical Data about your equipment, browsing
actions and patterns. We collect this personal data by using cookies, server logs and other similar
technologies. We may also receive Technical Data about you if you visit other mobile apps employing
our cookies. |
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal
data in the following circumstances:
| A. | Where we need to perform the contract we are about to enter into or have
entered into with you. |
| B. | Where it is necessary for our legitimate interests (or those of a third party)
and your interests and fundamental rights do not override those interests. |
| C. | Where we need to comply with a legal obligation. |
Generally, we do not rely on consent as a legal basis for processing your personal data although
we will get your consent before sending third party direct marketing communications to you via email
or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for Which We Will Use Your Personal Data
We have set out below, in a table format, a description of all the ways we plan to use your
personal data, and which of the legal bases we rely on to do so. We have also identified what
our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the
specific purpose for which we are using your data. Please contact us if you need details about
the specific legal ground we are relying on to process your personal data where more than one ground
has been set out in the table below.
| Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
| To register you as a new user |
|
Performance of a contract with you |
To process and deliver your order including:
| (a) | Manage payments, fees and charges |
| (b) | Collect and recover money owed to us |
|
| (a) | Identity |
| (b) | Contact |
| (c) | Transaction |
| (d) | Marketing and Communications |
|
| (a) | Performance of a contract with you |
| (b) | Necessary for our legitimate interests (to recover debts due to us) |
|
To manage our relationship with you which will include:
| (a) | Notifying you about changes to our terms or privacy policy |
| (b) | Asking you to leave a review or take a survey |
|
| (a) | Identity |
| (b) | Contact |
| (c) | Profile |
| (d) | Marketing and Communications |
|
| (a) | Performance of a contract with you |
| (b) | Necessary to comply with a legal obligation |
| (c) | Necessary for our legitimate interests (to keep our
records updated and to study how customers use our products/services) |
|
To enable you to partake in a prize draw, competition or complete a survey
| (a) | Notifying you about changes to our terms or privacy policy |
| (b) | Asking you to leave a review or take a survey |
|
| (a) | Identity |
| (b) | Contact |
| (c) | Profile |
| (d) | Usage |
| (e) | Marketing and Communications |
|
| (a) | Performance of a contract with you |
| (b) | Necessary for our legitimate interests (to study
how customers use our products/services, to develop them and grow our business) |
|
| To administer and protect our business and our mobile app (including
troubleshooting, data analysis, testing, system maintenance, support, reporting
and hosting of data)
|
| (a) | Identity |
| (b) | Contact |
| (c) | Technical |
|
| (a) | Necessary for our legitimate interests (for running our
business, provision of administration and IT services, network security, to prevent fraud
and in the context of a business reorganization or group restructuring exercise) |
| (b) | Necessary to comply with a legal obligation |
|
| To deliver relevant mobile app content and advertisements to you and measure
or understand the effectiveness of the advertising we serve to you
|
| (a) | Identity |
| (b) | Contact |
| (c) | Profile |
| (d) | Usage |
| (e) | Marketing and Communications |
| (f) | Technical |
|
Necessary for our legitimate interests (to study how customers use our products/services,
to develop them, to grow our business and to inform our marketing strategy)
|
| To use data analytics to improve our mobile app, products/services,
marketing, customer relationships and experiences
|
|
Necessary for our legitimate interests (to define types of customers for our products
and services, to keep our mobile app updated and relevant, to develop our business
and to inform our marketing strategy)
|
| To make suggestions and recommendations to you about
goods or services that may be of interest to you
|
| (a) | Identity |
| (b) | Contact |
| (c) | Technical |
| (d) | Usage |
| (e) | Profile |
| (f) | Marketing and Communications |
|
Necessary for our legitimate interests (to develop our products/services and grow
our business)
|
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around
marketing and advertising.
Promotional Offers from Us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we
think you may want or need, or what may be of interest to you. This is how we decide which products,
services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or
purchased goods or services from us, and you have not opted out of receiving that marketing.
Opting Out
You can ask us to stop sending you marketing messages at any time by logging into our mobile
app and checking or unchecking relevant boxes to adjust your marketing preferences OR by following
the opt-out links on any marketing message sent to you OR by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data
provided to us as a result of a product/service purchase, warranty registration, product/service
experience or other transactions.
Cookies
We employ an industry standard technology called "cookies". The cookie is a small piece of
information stored on your browser and/or the hard drive of your computer or device for record-keeping
purposes. You can set your browser to refuse all or some browser cookies, or to alert you when
mobile apps set or access cookies. We use cookies for a number of purposes, including to store
your preference for certain types of information or products, further analysis for the purpose of
providing products and services to you, to improve our products and/or to personalize our services
to you. If you disable or refuse cookies, please note that some parts of our mobile app may become
inaccessible or not function properly.
Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably
consider that we need to use it for another reason and that reason is compatible with the original
purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible
with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain
the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with
the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out in the table above.
| A. | Internal Third Parties as set out in the Glossary. |
| B. | External Third Parties as set out in the Glossary. |
| C. | Third parties to whom we may choose to sell, transfer or merge parts
of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with
them. If a change happens to our business, then the new owners may use your personal data in the same
way as set out in this privacy policy. |
We require all third parties to respect the security of your personal data and to treat it in accordance
with the law. We do not allow our third-party service providers to use your personal data for their own
purposes and only permit them to process your personal data for specified purposes and in accordance with
our instructions.
6. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally
lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your
personal data to those employees, agents, contractors and other third parties who have a business need to
know. They will only process your personal data on our instructions and they are subject to a duty of
confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you
and any applicable regulator of a breach where we are legally required to do so.
Notwithstanding the above, please remember that no method of transmission over the Internet, or method
of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect
your personal data, we cannot guarantee its absolute security.
7. DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes
we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting
or reporting requirements. We may retain your personal data for a longer period in the event of a complaint
or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and
sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of
your personal data, the purposes for which we process your personal data and whether we can achieve
those purposes through other means, and the applicable legal, regulatory, tax, accounting or other
requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial
and Transaction Data) for at least six years or longer as permitted by law after they cease being
customers for legal and tax purposes .
In some circumstances you can ask us to delete your data: see your legal rights below for further
information.
In some circumstances we will anonymize your personal data (so that it can no longer be associated
with you) for research or statistical purposes, in which case we may use this information indefinitely
without further notice to you.
8. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal
data. Please find out more about these rights as set out in the Glossary:
| A. | Request access to your personal data. |
| B. | Object to processing of your personal data. |
| C. | Request erasure of your personal data. |
| D. | Object to processing of your personal data. |
| E. | Request restriction of processing your personal data. |
| F. | Request transfer of your personal data. |
| G. | Right to withdraw consent. |
If you wish to exercise any of the rights set out above, please contact us.
No Fee Usually Required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights).
However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.
Alternatively, we could refuse to comply with your request in these circumstances.
What We May Need from You
We may need to request specific information from you to help us confirm your identity and ensure your
right to access your personal data (or to exercise any of your other rights). This is a security
measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up
our response.
Time Limit to Respond
We try to respond to all legitimate requests within 3 months. Occasionally it could take us
longer than 3 months if your request is particularly complex or you have made a number of
requests. In this case, we will notify you and keep you updated.
9. QUESTIONS ABOUT THIS PRIVACY NOTICE
If you have any questions about this privacy policy or our privacy practices, please contact
us via e-mail at privacy@nuzotech.com
10. GLOSSARY
LAWFUL BASIS
"Legitimate Interest" means the interest of our business in conducting and managing our business
to enable us to give you the best service/product and the best and most secure experience.
We make sure we consider and balance any potential impact on you (both positive and negative)
and your rights before we process your personal data for our legitimate interests. We do not
use your personal data for activities where our interests are overridden by the impact on you
(unless we have your consent or are otherwise required or permitted to by law). You can obtain
further information about how we assess our legitimate interests against any potential impact
on you in respect of specific activities by contacting us.
"Performance of Contract" means processing your data where it is necessary for the performance
of a contract to which you are a party or to take steps at your request before entering into
such a contract.
"Comply with a legal obligation" means processing your personal data where it is necessary
for compliance with a legal obligation that we are subject to.
THIRD PARTIES
Internal Third Parties
Other companies in the group and affiliates based in and outside Malaysia acting as joint users
or processors.
External Third Parties
| A. | Service providers acting as processors based in and
outside Malaysia who provide IT and system administration services. |
| B. | Professional advisers acting as processors or joint users
based in and outside Malaysia including lawyers, bankers, auditors and insurers who
provide consultancy, banking, legal, insurance and accounting services. |
| C. | regulators and other authorities acting as processors or
joint users who require reporting of processing activities in certain circumstances. |
| D. | credit bureaus, credit reporting agencies, debt-collection
agencies and/or other parties based in and outside Malaysia who assist with debt
recovery functions, due diligence functions, etc. |
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data subject access request").
This enables you to receive a copy of the personal data we hold about you and to check that
we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to
have any incomplete or inaccurate data we hold about you corrected, though we may need to
verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove
personal data where there is no good reason for us continuing to process it. You also have
he right to ask us to delete or remove your personal data where you have successfully exercised
your right to object to processing (see below), where we may have processed your information
unlawfully or where we are required to erase your personal data to comply with local law.
Note, however, that we may not always be able to comply with your request of erasure for specific
legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest
(or those of a third party) and there is something about your particular situation which
makes you want to object to processing on this ground as you feel it impacts on your fundamental
rights and freedoms. You also have the right to object where we are processing your personal
data for direct marketing purposes. In some cases, we may demonstrate that we have compelling
legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend
the processing of your personal data in the following scenarios:
| A. | If you want us to establish the data's accuracy. |
| B. | Where our use of the data is unlawful but you do not
want us to erase it. |
| C. | Where you need us to hold the data even if we no longer
require it as you need it to establish, exercise or defend legal claims. |
| D. | You have objected to our use of your data but we need
to verify whether we have overriding legitimate grounds to use it. |
Request the transfer of your personal data to you or to a third party. We will provide
to you, or a third party you have chosen, your personal data in a structured, commonly used,
machine-readable format. Note that this right only applies to automated information which
you initially provided consent for us to use or where we used the information to perform a
contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.