PRIVACY POLICY

1. ABOUT US

  1. 1.1. This web page is owned by Nixo Innovations Sdn Bhd (Company No.: 1508959-A), with a registered office at Level 8, Wisma Averis, Tower 2, Avenue 5, Bangsar South City, No. 8, Jalan Kerinchi, 59200, Kuala Lumpur, Malaysia that operates the online platform (website and mobile application) known as Albaloo (“Albaloo”).
  2. 1.2. Please read this Privacy Policy carefully before using our website (“Website”), mobile application (“App”) or the services (“Services”) therein, or before you provide or submit any of your personal data and information to us. By using the Website or providing us with your personal data and information, you agree to the provisions of this Privacy Policy and the privacy practices contemplated herein. If you do not agree with the provisions of this Privacy Policy or the privacy practices herein, or any part hereof, please do not continue using the Website, App and Services, and do not provide us with your personal data and information.
  3. 1.3. This Privacy Policy shall only be applicable to the Website, App and Services, and we shall not be responsible for any third-party links or websites.

2. INFORMATION AND CONSENT

  1. 2.1. This Privacy Policy (“Privacy Policy”) sets out how Albaloo manages and processes personal data and information in accordance with the Personal Data Protection Act 2010 (“PDPA 2010”) and the laws of Malaysia.
  2. 2.2. The User must carefully read this Privacy Policy, which has been drafted in a clear and simple manner in order to facilitate its understanding, with the User having the power to freely and voluntarily decide whether they wish to provide their personal data to Albaloo. The User must read this Privacy Policy before using the website and providing or submitting any personal data and information to Albaloo.
  3. 2.3. By accessing the Website and/or App or registering an account, the User acknowledges and agrees that the User accepts the practices, requirements, and/or policies outlined in this Privacy Policy, and the User hereby consents to us collecting, using, disclosing and/or processing the User’s personal data as described herein.
  4. 2.4. This Privacy Policy applies to all Users including buyers and sellers who use the Website except where expressly stated otherwise.

3. WHAT IS PERSONAL DATA AND INFORMATION?

  1. 3.1. In accordance with the PDPA 2010, “personal data” is defined as any information of commercial transactions about an individual who can be identified from that data, which is either being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose, recorded with the intention that it should wholly or partly be processed by means of such equipment, or recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system.”

4. OBLIGATION TO PROVIDE DATA

  1. 4.1. The personal data requested on the Website are generally compulsory (unless in the field in question, it is specified to the contrary) so as to comply with the purposes for which they are collected.
  2. 4.2. Therefore, if they are not provided, or they are not provided correctly, these purposes cannot be fulfilled, notwithstanding that the User will be able to view the content of the Website freely.

5. WITH WHAT PURPOSE SHALL ALBALOO PROCESS USER DATA?

  1. 5.1. The personal data provided via the Website shall be processed by Albaloo for purposes which may include, but not be limited to, any of the following:
    1. General
      1. To facilitate the User’s use of the Website and/or App;
      2. To display the Seller’s business information on the Website and/or App;
      3. To register or create the User’s account on the Website in order to complete a purchase;
      4. To manage, process, ship and monitor purchases made or sold through the Website and/or App;
      5. To contact the User to complete the User’s order if they have saved their shopping cart or they have saved products in their shopping cart without completing the payment process;
      6. To process refunds or missing items complaints from the buyer;
      7. To carry out quality and customer satisfaction survey;
      8. To conduct analytics, research, business and development
      9. To manage, process and respond to the User's requests, incidents or queries;
      10. To process any complaints, feedback, enforcement action and take-down requests in relation to any content the User have uploaded to the Website and/or App;
      11. To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
      12. To store, host, back up your personal data for operational, legal or business purposes;
      13. To manage and carry out any promotion, as well as manage the development thereof;
      14. To send personalized commercial communications to the User concerning products and services offered by Albaloo, by electronic and/or conventional means, unless the User declines by marking the box provided to this end on the Website;
      15. To prepare a commercial profile, using third party sources, in order to offer the User products and services in accordance with their interests, if the User has provided authorisation by marking the box provided to this end on the Website;
      16. To comply with legal and regulatory requirements (including, where applicable, the display of the User’s name, contact details and company details), including any law enforcement requests, requests by any governmental or regulatory authority having jurisdiction over Albaloo, in connection with any legal proceedings, or as otherwise deemed necessary by us; and
      17. To carry out an analysis of the use of the Website and verify User preferences and behaviour with the purpose of improving communication with Users of the Website.
    2. Payment
      1. To enable payment to be made through the third-party payment gateway, sending payouts, handling orders and providing receipts;
      2. To settle or provide any refunds and/or similar related issues;
      3. To send any notice regarding service updates or system disruption;
      4. To detect and prevent any fraud or violations of any laws or regulations; and
      5. To fulfil other technical, logistical, financial, tax, legal, compliance, administrative, or back office functions.
    3. Logistics
      1. To track the status of the User’s delivery;
      2. To notify the User regarding the status of his or her order or delivery;
      3. To contact the User for feedback after or during the delivery;
      4. To respond and handle any queries, feedback and/or concerns or requests;
      5. To conducting investigations in relation to disputes, billing or fraud;
      6. To resolve any complaints, problems or disputes in relation to a User’s delivery;
      7. To fulfil other technical, logistical, financial, tax, legal, compliance, administrative, or back office functions.
  2. 5.2. Albaloo may also collect the User’s personal data for other purposes without the User’s knowledge or consent, where this is required or permitted by law. Other purposes may include, but not be limited to, any of the following:
    1. To verify the User as an Albaloo buyer, seller and/ or user of the Website;
    2. To identify, detect, investigate and/or prevent any fraudulent activities on the Website;
    3. To identify, detect, investigate, resolve and/or prevent any dispute, complaint or claim arising out of or in connection with your use, or participation in the use of the Website;
    4. To assist in the monitoring, maintenance and improvement of the Website;
    5. To investigate, respond to, or defend against claims made against, or involving, Albaloo;
    6. To comply with the PDPA 2010 and/or any other applicable laws and regulations in Malaysia;
    7. For any other reasonable purpose related to the aforesaid; or
    8. For any other purpose that is required or permitted by any law, rules and regulations, guidelines and/or regulatory authority.
  3. 5.3. The consent obtained for the aforesaid purposes are independent of each other, thus the User may revoke only one without affecting the others.
  4. 5.4. The user can revoke his or her consent by emailing the following email address: support@albaloo.com.

6. WHAT PERSONAL DATA DOES ALBALOO PROCESS?

  1. 6.1. Albaloo shall process the following categories of User personal data:
    1. Identification data of a Buyer: name, surname, date of birth, gender, country of residence, e-mail address, telephone number, postal/billing address, National Registration Identity Card (NRIC) Number and any other personal data which may include photographs, videos or audio recordings that the User may have uploaded onto the Website and/or App;
    2. Identification data of a Seller: company name, registration number, company address, date of incorporation, business license, tax identification and shareholder and/or directors’ information (if required);
    3. Economic and financial data: Bank account details of the User’s bank card;
    4. Transaction data relative to goods and services offered by Albaloo: products and services acquired or products and services in which the User has previously shown interest;
    5. Browsing data: When and how the User has used the Website and/or App or other websites that the User may have visited prior to visiting the Website;
    6. Marketing and Promotional data: interests, feedback or surveys that the User has shown or provided interest; or
    7. Other data: data provided by Users themselves in open fields on the forms provided throughout the Website.
  2. 6.2. In the event that the User provides third-party data, the User hereby declares to have the consent thereof and undertakes the commitment to forward thereto the information set forth in this Privacy Policy, exempting Albaloo from any liability towards the third party concerned. However, Albaloo may carry out periodic verifications to confirm this, adopting the corresponding due diligence measures in accordance with the PDPA 2010 and the laws of Malaysia.

7. PERSONAL DATA OF MINORS

  1. 7.1. The provisions of the Website and/or the App are not intended to be used by a person under the age of majority, which is below eighteen (18) years of age (“Minor”). Albaloo does not knowingly collect and retain any personal data in relation to Minors.
  2. 7.2. By accessing and making an account on the Website and/or App, the User acknowledges and warrants that he or she is of legal age. In the event that the User is a Minor, the User may only use the Website and/or App with the consent and supervision of a parent or legal guardian (“Legal Guardian”). In such a case, the Legal Guardian will be required to provide Albaloo with their personal data and information, and this Privacy Policy shall be applicable to the Legal Guardian as it is to all Users.

8. WITH WHOM SHALL ALBALOO SHARE USER DATA?

  1. 8.1. User personal data may be disclosed to:
    1. The Public Administrations where provided for by the law;
    2. The third-party payment gateway that acts as an intermediary between the Buyer and the relevant bank;
    3. The third-party logistics service provider that ships, delivers and/or manages the purchases on behalf of Albaloo;
    4. Any other appointed companies, organisations or service providers for the purposes of payment, managing, processing, shipping, monitoring and completing purchases made;
    5. Any governmental bodies or agencies, for the purposes of Albaloo compliance with the relevant legal and regulatory obligations;
    6. Any court or governmental authority, as a requirement under any applicable law, legislation, statute, by-laws, rules, regulations and/or court order;
    7. Other appointed companies, organisations or service providers, for the purposes of processing personal data and information on Albaloo’s behalf; and
    8. Other appointed companies, organisations or service providers, for the purposes of maintaining, improving, updating or upgrading the Website.
  2. 8.2. When disclosing personal data and information to third parties, Albaloo will (where appropriate and permissible) enter into contracts with such third parties to protect personal data and information in a manner that is consistent with all applicable laws for the purposes of ensuring that they only process personal data and information in accordance with Albaloo instructions.

9. THIRD-PARTY PERSONAL DATA TRANSFERRAL

  1. 9.1. To provide our Services on our Website and/or App, we may use, process, transfer or disclose your personal data to our third-party service providers in order for them to offer their services to you in conjunction with your use of the Website and/or App.
  2. 9.2. The User’s acceptance to disclose his or her personal data to the third-party service provider’s services shall be subject to terms and conditions as may be agreed between the User and the third-party service provider or our affiliate. Once the terms and conditions have been accepted, any disclosure, collection, transfer and/or processing of the User’s personal data made by us or the User shall be subjected to the relevant third party’s Privacy Policy.
  3. 9.3. Save for Clause 8.1, Clause 8.2, Clause 9.1 and Clause 9.2 above, Albaloo does not transfer, sell, lend or otherwise make the User’s personal data and information available to any other third party save for the purposes stipulated herein. In any event of the transfer, sale, lending or availability of the User’s personal data and information, Albaloo will obtain the User’s prior consent for the same, and Albaloo will take reasonable steps to ensure that the User’s personal data continues to receive the same standard of protection in accordance with the PDPA 2010 and the laws of Malaysia.
  4. 9.4. Albaloo is committed to safeguarding the User’s personal data and information and shall ensure that the User’s personal data and information receives an adequate level of protection at all times for the purposes of preventing unauthorized access and disclosure, misuse, loss, change and/or destruction of the User’s personal data and information.

10. RETENTION AND STORAGE OF DATA

  1. 10.1. The User’s personal data shall be retained and stored for such period as may be necessary and required to fulfil the purposes for which such personal data and information was collected and for the purposes of fulfilling Albaloo corporate, business, reporting, compliance and legal obligations, including during the following periods:
    1. Data provided to manage, process, ship and monitor purchases made shall be stored for the duration of the contractual relationship, and once said relationship has concluded, for a period of six (6) years from the date of the delivery of the purchased goods (being the duration of the limitation period for bringing claims related to this Privacy Policy), or for a period as may be necessary and/or required to commence or defend any legal action that may arise.
    2. The data used to contact the User to complete the order if they have saved their shopping cart or they have saved products in their shopping cart without completing the payment process shall be stored as long as the particular product is listed and is in stock.
    3. The data relative to customer satisfaction and quality surveys shall be stored for a period of six (6) to ten (10) years depending on the usage and nature of the customer satisfaction and quality surveys .
  2. 10.2. Albaloo will cease to retain the User’s personal data or remove the means by which the data and information can be associated with the User as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data and information was collected, and is no longer necessary for the purposes of complying with Albaloo corporate, business, reporting, compliance and legal obligations.
  3. 10.3. In certain circumstances, Albaloo may anonymise your personal data and information so that it can no longer be associated with the User, in which case Albaloo is entitled to retain and use such data without restriction.

11. USE OF COOKIES

  1. 11.1. Albaloo or its authorised service providers may use, from time to time, “cookies” or other similar features which allow us to collect and share information in connection with your usage of our Website and/or App. These cookies will only retain non-personal data that the User consents and the User is free to decline if required.
  2. 11.2. The User may refuse and/or modify the use of the cookies by selecting the necessary settings on his or her browser or device. However, modification or refusal of the use of cookies may affect the full functionality of our Website and/or App.

12. INTERNATIONAL TRANSFER OF DATA

  1. 12.1. Your personal data and/or information will be transferred to, stored or processed outside of Malaysia, where our servers are located. By accessing our Website and/or App and providing us with your data, you consent to the transfer of such data. Nevertheless, any transfer of personal data outside of Malaysia will be made in accordance with Privacy Laws.

13. COMMERCIAL AND PROMOTIONAL COMMUNICATIONS

  1. 13.1. One of the purposes behind Albaloo’s processing of the personal data provided by Users is to forward commercial communications with information relative to products, services, promotions, offers, events or relevant news for Users.
  2. 13.2. In the event that the User no longer wishes to receive commercial communications or promotions from Albaloo, they may request that they be removed from said service by sending an e-mail to the following address: support@albaloo.com.

14. RESPONSIBILITIES OF THE USER

  1. 14.1. The User:
    1. Guarantees that they are at least eighteen (18) years of age and that the data provided to Albaloo is true, exact, complete and updated. To this end, the User is responsible for the veracity of all the data provided and shall maintain the information conveniently updated so that it corresponds to their actual situation. In the event the User becomes aware of any untrue, inaccurate or incomplete information with which the User has submitted to Albaloo, the User shall notify Albaloo, to the address set forth in the heading of this Privacy Policy, or by means of an e-mail to support@albaloo.com to amend or correct any such untrue, inaccurate or incomplete information.
    2. Guarantees that it has informed third parties whose data it has provided, in the event of acting in such a manner, of the contents of this document. Similarly, it guarantees that it has obtained its authorisation for providing this data to Albaloo for the aforesaid purposes. In the event the User becomes aware that its authorisation from the third party has been revoked, the User shall notify Albaloo, to the address set forth in the heading of this Privacy Policy, or by means of an e-mail to support@albaloo.com to amend or correct any such untrue, inaccurate or incomplete information.
    3. Shall be responsible for any false or inexact information that it provides through the Website and/or its failure to notify Albaloo under Clause 14.1(a) and Clause 14.1(b) above and for the direct or indirect damages or losses that this may cause Albaloo or third parties.

15. EXCERCISING OF USER’S RIGHTS

  1. 15.1. The User shall have rights under the laws of Malaysia in relation to the collection, processing, use and disclosure of their personal data and information. Subject always to Parties’ contractual rights and obligations under relevant laws and regulations, in the event the User wishes to exercise its rights, the User may exercise its rights to limit the use, or the extent of use, of the User’s personal data and information by forwarding a notification to Albaloo, to the address set forth in the heading of this Privacy Policy, or by means of an e-mail to support@albaloo.com, attaching a photocopy of their national identification document, at any given time, and free-of-charge, for the purpose of:
    1. Revoking or withdrawing the consent granted;
    2. Obtaining confirmation regarding whether or not Albaloo is processing the User’s personal data;
    3. Amending their personal data;
    4. Accessing their personal data. Where Albaloo holds the User’s personal data and information, the User may request for access to its personal data and information. The User will receive a copy of the personal data and information requested;
    5. Correcting inaccurate or incomplete data. The User may request that any incomplete or inaccurate personal data and information, which the User has submitted and which Albaloo holds in its possession, be amended or corrected to reflect the accuracy of such personal data and information;
    6. Requesting the erasure of their data when, among other reasons, the data is no longer necessary for the purposes for which they were collected;
    7. Restricting Albaloo’s processing of the data when there is non-compliance of any of the conditions provided for in the PDPA 2010, the laws of Malaysia and/or any other applicable laws;
    8. Lodging a claim concerning the protection of their personal data to the Personal Data Protection Commissioner, when the interested party believes that Albaloo has breached their rights under the PDPA 2010, the laws of Malaysia and/or any other applicable law.
  2. 15.2. In the event the User exercises any of its rights in Clause 15.1 above, Albaloo may be permitted under applicable laws to refuse a request, such as:
    1. Albaloo may refuse a request for erasure where the personal data and information is required for in connection with claims, or
    2. Albaloo may raise an objection to the User’s request and continue processing the User’s personal data and information based on compelling legitimate grounds for such processing.

16. THIRD-PARTY SITES AND LINKS

  1. 16.1. Albaloo may engage or include, from time to time, the services or links to third-party sites on the Website and/or App to increase the User’s experience. Whilst Albaloo has taken all the necessary precautionary measures to maintain the safety of the User’s personal data that is in our possession, Albaloo does not take any responsibility or liability for any disclosure of personal data made by the User on any third-party sites or links that can be found on the Website and/or App. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices that are independent of us.

17. SECURITY MEASURES

  1. 17.1. Albaloo shall at all times process the User’s data with the strictest confidentiality and fulfil its obligation to secrecy, in accordance with the provisions of the PDPA 2010, the laws of Malaysia and/or other applicable laws, adopting to this end the necessary technical and organisational measures to ensure the security of the data and prevent their unauthorised alteration, loss, processing or access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed.
  2. 17.2. Albaloo will destroy or anonymize the User’s personal data when Albaloo has reasonably determined that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) no other legitimate interests warrant further retention of such personal data. In the event the User ceases to use the Website or app, or your permission to use the Website or app is terminated or withdrawn, Albaloo reserves the right to continue storing, using and/or disclosing the User’s personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws.
  3. 17.3. Whilst reasonable standards of care and measures are taken to ensure the security of personal data and information processed, Albaloo cannot ensure and guarantee a fully-secured collection, use, processing and/or transmission of the User’s personal data and information. Accordingly, Albaloo cannot guarantee or warranty the security of any personal data and information with which the User has provided to Albaloo.
  4. 17.4. Albaloo cannot guarantee or warrant that our systems, applications and/or networks are fully immune to unauthorized access, security breaches or other vulnerabilities. The transmission of the User’s personal data and information shall be at the User’s own risk.

18. CHANGES

  1. 18.1. Albaloo reserves the right to review its Privacy Policy whenever it deems appropriate, which will be duly notified to Users at Albaloo’s discretion. The latest updated version of this Privacy Policy shall apply and supersede any and all previous versions. For this reason, Albaloo asks Users to regularly check this Privacy Policy on the Website to keep themselves informed and updated on this Privacy Policy to ensure Users read Albaloo’s most recent version of its Privacy Policy. In the event there are substantial changes made to the Privacy Policy, Albaloo will inform and update the User at its sole discretion.

19. ACCEPTANCE AND CONSENT

  1. 19.1. The User declares that it has been informed with respect to personal data protection, accepting and consenting to the automated processing thereof by Albaloo in the manner and for the purposes indicated in this Privacy Policy.

20. ACCOUNT DEACTIVATION

  1. 20.1. To deactivate the account on Albaloo App, please go to the setting and choose delete account. or else users to notify Albaloo Support at support@albaloo.com.

21. REQUEST TO WITHDRAWAL THE CONSENT OF USE AND DISCLOSURE OF PERSONAL DATA/ DELETE PERSONAL DATA

  1. 21.1. You may request the withdrawal or Deletion of personal data to us by sending email to support@albaloo.com.
  2. 21.2. You may unsubscribe from receiving marketing notification at any time in our mobile application settings or by using the unsubscribe function within the electronic marketing material.

22. FEEDBACK, QUESTIONS, CONCERNS OR SUGGESTIONS

  1. 22.1. If the User has any feedback, questions, concerns and/or suggestions in relation to this Privacy Policy, please contact us by email at support@albaloo.com.