Effective Date: [1 st June 2020]
Our Commitment to Your Privacy
Vinéss (hereinafter, “Vinéss”, “VNICE9”, “us” or “our”) is owned and operated by Viness (M) Sdn Bhd (Company No. 202001009991 (1366311-M)). Vinéss is committed to protecting the privacy and security of your personal data.
Your Consent Is Important
At Vinéss, we value your privacy and strive to protect your personal data as provided by you in the course of utilising the Platform in compliance with the laws of Malaysia.
Before you use our services, please read this Policy in its entirety, as it serves to help you make informed decisions about how we collect and process your personal data.
Vinéss will only collect and use your personal data in accordance with such applicable laws (including the PDPA), this Policy and/or the privacy terms in any agreement(s) that you may have or will enter with Vinéss.
This Policy explains:
what kind of personal data we collect about you and how we collect it from you;
how we use your personal data;
the parties that we disclose your personal data to;
the rights in respect of your personal data; and
the choices we offer, including how to access and update your personal data.
By providing us your personal data, using our Platform and communicating with us, you hereby consent to the processing of your personal data in accordance with this Policy.
If you provide us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
give consent on his/her behalf to the processing of his/her personal data;
receive on his/her behalf any privacy notice; and
give consent to the transfer of his/her personal data abroad.
If you are a user of our Platform, the provision of your personal data is voluntary. However, if you do not provide your personal data, we will not be able to process your personal data for the purposes outlined in this Policy.
Information Collection and Use
The personal data Vinéss collects depends on how you interact with us. When you sign up for a programme on our Platform, participate in any service or feature made available on our Platform, connect to our services, or otherwise interact with us, we may need to and/or may be required to collect, record, hold, use, disclose and store (“process”) personal data and financial information about you, including but not limited:
to establish your personal identification and background; and/or
to establish your financial standing and creditworthiness (where required).
We may, from time to time, collect the following personal information from you (“Personal Data”):
contact information, such as your name, email address, mailing address and phone number;
personal identification information (e.g. identity card number or passport number);
age or date of birth;
billing information, residential address and billing address; and
bank account details and payment information,
including any other information (such as sensitive personal information (as defined in the PDPA)) as required by us from time to time for the purposes specified in this Clause 3 and the following Clause 4.
Collection of a third party’s personally identifiable information may be necessary to process and register your application and/or order for certain products or services.
The information you provide when you register with us may include information that may be used to identify an individual, such as name, personal identification number, home/office address, email address, phone number etc. Further, it will also include business information that you contribute which concerns your business (if applicable).
We may obtain this information from you directly and from a variety of sources, including but not limited to:
through your relationship with us, for example information provided by you in enquiry, when you sign up for our programmes such as our VNICE9 Partner and Premium Partner Programme or VNICE9 Agent Programme, when using the features and our products and/or services on our Platform, when taking part in Vinéss’ customer surveys, competitions, activities and promotions, when you message or communicate with us by phone, email or other correspondence methods;
through your verbal and/or written communications with us and/or our authorised agents;
through any photos/videos collected by us and/or our authorised agents;
from third parties connected with you, such as your partners, directors, shareholders, employers, employees, joint account holders, guarantors, subject to your prior consent;
from an analysis of the way you use the Platform; and/or
from such other sources in respect of which you have given your consent to disclose information relating to you and/or where not otherwise restricted.
Purposes of Processing Your Personal Data
Other than as stated above, we may use your Personal Data for one or more of the following purposes:
Where you are a user of the Platform:
to perform our obligations in respect of any contract entered into with you;
to send invoices and receipts;
to assess and process your application for participation in any of our programme you submit through the Platform ;
to assess and process your order for any of our products and/or services offered on the Platform (if applicable);
to process payments relating to or for any application made by you or products and/or services you have ordered (if applicable);
to verify your financial standing through credit reference checks;
to provide you with information on our and/or third-party’s products, services and offers which may be of interest to you;
to improve our products and/or services and to develop new products and/or services;
to notify you about benefits and changes to the features of our products, or services and/or Platform;
to maintain, administer and notify you of software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Platform;
to contact you or communicate with you via voice call, text message, email and/or postal mail or otherwise for the purposes of administering and/or managing and maintaining your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to any of our programme or other services offered via our Platform;
to process your participation in any offers, competitions, events, activities, contests, polls, surveys or promotions; and/or
to facilitate your use of the Platform or access to the Platform, including responding to your enquiries, request, feedback and complaints;
to improve the quality, efficiency and utilisation of the Platform;
to maintain, update, consolidate and improve the accuracy of our database records;
to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
to conduct research for data analytical purposes or market research including but not limited to consumer behaviour, data mining and analysis of your transaction with us;
to meet the disclosure requirements of any law binding on Vinéss;
for audit, compliance and risk management purposes;
to assess financial and insurance risks;
to transfer or assign our rights, interests and obligations under any of your agreement(s) with us;
to protect or enforce our rights to recover any debt owing to us;
to maintain the safety and security of our services;
for crime detection, prevention and prosecution;
to detect, prevent and address any technical issues arise from our services; and/or
for any other purpose that is required or permitted by any law, regulations and/or guidelines.
We have the right to use any information that you give to us, such as user-generated content (including your text, photos, images, reviews, videos and recordings) for our marketing, advertising and publicity purposes without any payment of royalty or image fees to you. We may also publish your name and photo on the Platform or our social media platform at our sole and absolute discretion when you become a winner in a contest which you participate in that we may from time to time organise. If you do not agree to such use, please write to us.
We will seek your separate consent for any other purposes which do not fall within the purposes stated above.
Disclosure of Your Personal data
As a part of providing you with our products and/or services on our Platform and the management and/or operation of the same, we may disclose your Personal Data (to the extent necessary) to the following third parties:
companies and/or organisations that act as our service providers, strategic partners and/or licensors;
companies and/or organisations that assist us in providing value added services to you (where necessary);
your advisers (including but not limited to accountants, valuers, adjustors, auditors, tax consultants, lawyers, bankers, financial advisers or other professional advisers) which are authorised by you;
any person notified by you as authorised to give instructions or to use the Platform or the services or features thereof on your behalf;
any rating agency, insurer or insurance broker or direct or indirect provider of credit protection;
any financial institutions, merchants, payment gateway provider, e-wallet service providers, VISA International Services Association, MasterCard International Incorporated and other card associations in relation to any credit card and/or debit card issued to you;
any person connected to the enforcement or preservation of any of our rights under your agreement(s) with us;
any government departments/agencies and statutory authorities in connection with any investigations or enquiries;
fraud and crime prevention agencies for the purposes of assessing the risk of crime, fraud and money laundering and this is a condition of us entering into any contract with you;
our IT service providers who provide technical infrastructure services, software and development work, analyse how our services are used, or provide customer service to you; and/or
other parties in respect of whom you have given your express or implied consent.
With your authorisation, we may disclose your Personal Data through our service to a third-party. If you authorise this disclosure, the use and disclosure restrictions contained in this Policy will not apply to such third party. We do not control the privacy practices of any third parties.
We do not currently have any affiliates, but if we do in the future, we may disclose your Personal Data to a parent company, any subsidiaries or other companies under a common control (collectively, “Affiliates”), in which case we will require our Affiliates to honour this Policy.
Your Personal Data may also be disclosed as part of any merger, acquisition, joint venture, debt financing, sale of Vinéss or its business assets or any such transactions involving only a related corporation or Affiliate of Vinéss as a participant or involving Vinéss and/or any one or more of Vinéss’ related corporations or Affiliates as participant(s), and there may be other third party organisations who are participants in such transaction, as well as in the event of an insolvency, bankruptcy or receivership in which Personal Data could be transferred to third parties as one of our business assets. In such an event, we will attempt to notify you before your Personal Data is transferred, but you may not have the right to opt out of, or object to, any such transfer.
The above Clauses 5.1 and 5.2 shall be subject, at all times, to any laws (including regulations, standards, guidelines and/or obligations) applicable to Vinéss (whether in or outside Malaysia).
Disclosure for Marketing and Promotional Purposes
If you have given us your permission, we may contact you by mail, telephone, SMS, text/picture/video online instant messaging, email or other correspondence methods about our or our strategic partners’, sponsors’ or advertisers’ products, services, promotions, special offers, events or activities that may be of interest to you.
We do not and will not disclose, rent, sell or otherwise make available your Personal Data to third parties for direct marketing purposes.
If you prefer not to receive any marketing communications, notifications and materials from us, you can opt out at any time.
You may select whether or not you wish to continue to receive newsletters, updates, promotional materials, festive greetings or other communications. In addition, you may “opt out” of receiving any category of subscription, marketing or promotional email from us by following the unsubscribe instructions or using the unsubscribe links within the emails that we send to you. Please note, however, that as long as you remain as a user with us, you may not “opt out” of receiving user-related notifications and materials from us.
Situations Under Which We Disclose Your Personal Data
7.1 Save as set out above, we will otherwise treat your Personal Data as private and confidential
and will not disclose your information to anyone except in any of the following situations:
where you have given permission for us to disclose your Personal Data in accordance with this Policy;
where we are required or permitted to do so by law;
where required or authorised by any order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction overVinéss;
where we may transfer rights and obligations under this Policy; and/or
where we are required to meet our obligations to any relevant regulatory authority.
As we are committed to protecting your Personal Data, we will take reasonable steps to safeguard your Personal Data from any loss, misuse, unauthorised or accidental alteration or destruction, when processing your Personal Data.
Any of the Personal Data provided to us are stored on secure servers. The nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure. However, we will also apply and maintain an appropriate security procedure to manage and protect the use and storage of records containing your Personal Data, and this includes regularly reviewing and updating the technical and organisational security measures governing the processing of Personal Data to be carried out.
We will not retain any Personal Data for a period longer than is necessary for the fulfilment of the purpose for which it is to be processed. We will take reasonable steps to ensure that such Personal Data is destroyed or permanently deleted if it is no longer required.
Your Obligation to Provide Complete Personal Data
Where indicated, it is obligatory for you to provide your Personal Data to us to enable us to process your application for the participation of any of our programme and/or order for our products and/or services made through the Platform. Should you decline to provide such obligatory Personal Data, we may not be able to process your application and/or your order or provide you with our products and/or services.
You confirm that all your Personal Data is true, accurate and complete and that none of the Personal Data provided is misleading or outdated. In the event of any change to your Personal Data, you will promptly update us on any such change.
Your Rights to Access and Correct Your Personal data
We can assist you to access and correct your Personal Data provided to us, and the following will apply:
You may have access to your Personal Data by making a request via firstname.lastname@example.org, subject to payment of the relevant processing fee (if applicable). We will use reasonable efforts to provide you with a copy of the requested Personal Data within twenty-one (21) days of receiving your duly completed Access Request Form and the processing fee.
Please note that Vinéss may have to withhold access to your Personal Data in certain situations, for example when we are unable to confirm your identity or where information requested for is of a confidential nature or in the event where we receive repeated requests for the same information. Nevertheless, we will notify you of the reasons for not being able to accede to your request.
Where your request for data access is successful and you are of the opinion that such Personal Data held by us is inaccurate, incomplete, misleading or where relevant, not up-to-date, you may make a request to correct such Personal Data.
You can also assist us to keep your Personal Data (such as your current mailing address) up-to-date, as it will enable us to serve you better.
In the event you wish to correct or update your Personal Data previously provided to us, you may write in or notify us at the email address provided in Clause 10.1.1. We will use reasonable efforts to comply with your request to correct your Personal Data within twenty-one (21) days of receiving your written request.
Please note that Vinéss may use its discretion in allowing the correction or update requested or may require further documentary evidence of the new information to avoid fraud and inaccuracy.
Exercising Your Choices in Respect of The Disclosure and Use of Your Personal data
Subject always to our contractual rights and obligations under relevant laws and regulations, you may exercise your choice in respect of the disclosure, retention and use of your Personal Data by Vinéss. Should you wish to do so, kindly contact us at:
Transfer of Personal Data
Your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than the jurisdiction of your company’s incorporation, your home nation or otherwise in the country, state and city in which you are present while using any services provided by Vinéss (“Alternate Country”) where Vinéss’ servers and/or service providers and partners are located outside of your home nation or Alternate Country. You understand and consent to the transfer of your Personal Data out of your home nation or Alternate Country as described herein.
Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address), to facilitate the display of targeted advertising.
If you do not wish for your Personal Data to be collected via Cookies on the Platform, you may deactivate Cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser. You may also be able to limit our sharing of some of these information through your mobile device settings.
Links to Third-Party Websites
Personal Data from Minors and Other Individuals
As a parent or legal guardian, you are under the obligation to not allow a minor (individuals under eighteen (18) years of age) under your care to submit Personal Data to Vinéss in their own capacity. In the event that such personal data is provided to Vinéss, you hereby consent to the processing of the minor’s Personal Data and personally accept and agree to be bound by this Policy and take responsibility for his or her actions.
In some circumstances where you may have provided Personal Data relating to other individuals (such as your spouse, family members, friends, business partners, shareholders or directors), in such circumstances you represent and warrant that you are authorised to provide their personal data to Vinéss and you have obtained their consent for their Personal Data to be processed and used in the manner as set forth in this Policy.
Enquiries or Complaints
Should you have any queries, concerns or complaints in relation to this Policy or how we handle your Personal Data, kindly contact us at:
Amendment and Language
Vinéss shall have the right to modify, update or amend the terms of this Policy at any time, and from time to time, by placing the updated Policy on the Platform. By continuing to communicate with Vinéss, continuing to participate in our programmes or continuing to use our Platform or any services made available on the Platform following the modifications, updates or amendments to this Policy, you acknowledge that such actions shall signify your acceptance of such modifications, updates or amendments.
In the event of any conflict between the English and other language versions of this Policy, the English version shall prevail.