Privacy Policy of OPENKOM
1. Introduction
Foursons Technology Sdn. Bhd. (Registration No.: 202101008861 (1409160-H)) (“OPENKOM”) prioritises the protection of your personal information and will take the relevant measures to safeguard your personal information in accordance with the Personal Data Protection Act 2010 and Data Protection Regulations 2013. This Privacy Policy (“Policy”) outlines how we collect, process, use, protect, and disclose your personal information when you visit our website or mobile application (“Platforms”) or use our OPENKOM’s Services (as defined below).
For the purposes of this Policy, “we”, “our” or “us” shall refer to any of OPENKOM’s associates and affiliates and “you” shall refer to yourself. Furthermore, the terms “personal data” and “processing” shall have the same meaning as prescribed in the Personal Data Protection Act 2010.
This Policy explains how we handle the information collected and received when you use our services via our Platforms, which include, amongst others:
(a) operating the Platforms to connect the Platforms’ users for the following purposes:
(i) any individual who registers as a common user of the Platform (“Consumer”) to purchase any product and/or service provided by the Merchant (as defined below) and/ or Service Provider (as defined below) through the Platforms;
(ii) any individual or business that registers as a merchant (“Merchant”) to list and provide its products and/ or services to the Consumer through the Platforms (“Merchant’s Products and Services”); and
(iii) any individual or business which registers as a service provider (“Service Provider”) to provide delivery services between the Consumer and the Merchant (“Delivery Services”),
(each, as “User”, collectively, as “Users”);
(b) ensuring that the Platforms are always available to the Users, for the purposes as stated in Clause 1(a) above;
(c) facilitating the communication between the Users for the purposes as stated in Clause 1(a) above; and
(d) advertising the Merchant’s Products and Services upon request by the Merchant;
(e) providing data analytics services to the Merchant in relation to the performance of its Merchant’s Products and Services on the Platforms; and
(f) any other services which stated herein these Terms or may be made available on the Platforms or notified to you from time to time,
(collectively, “OPENKOM’s Services”).
2. Collection of personal information
Consumer
(a) We may collect information from you in the following situations:
(i) when you create an Account on our Platforms as a Consumer;
(ii) when you use OPENKOM’s Services and Platforms to purchase the Merchant’s Products and Services and/or Delivery Services;
(iii) when you visit or browse our Platforms; and
(iv) when you contact us for any requests, such as request for order cancellation, refund, query, file a complaint or report a problem on the Platforms.
(b) The personal information that we may collect may include but is not limited to the following:
(i) profile information such as name, gender, nationality, race , identification card or passport number, age, date of birth, personal photo, email address, mobile number, residential address;
(ii) information relating to your location, including but not limited to GPS coordinates, and other location-based data;
(iii) information relating to your payment information, including debit or credit card details, bank account numbers, and other financial data necessary for processing of such payment;
(iv) information relating to your order of the Merchant’s Products and Services, including but not limited to your purchase history and the amounts you spent on the Platforms;
(v) information relating to your feedback and ratings in respect of the Merchant’s Products and Services and Delivery Services; and
(vi) any other information that may be required by OPENKOM from time to time for your use of OPENKOM’s Services, or that is relevant for the provision of Merchant’s Products and Services and Delivery Services to you.
Merchant
(a) We may collect information from you in the following situations:
(i) when you create an Account on our Platforms as a Merchant;
(ii) when you use our OPENKOM’s Services and Platforms to list and provide Merchant’s Products and Services to Consumer;
(iii) when you visit or browse our Platforms; and
(iv) when you contact us for any requests, such as request for order cancellation, refund, query, file a complaint or report a problem on the Platforms.
(b) The personal information that we may collect may include but is not limited to the following:
(i) if you are an individual, your profile information such as name, gender, nationality, race, identification card or passport number, age, date of birth, profile photo, email address, mobile number, residential address;
(ii) if you are a company or business entity, information relating to your company or business entity, including but not limited to, the company registered name, company registration number, business address, nature of business, business logo, details of employees. For the purpose of this Clause 2(b)(ii), you may be required to disclose you company’s certificate of incorporation, business premise licence, bank letterhead and a picture of your storefront;
(iii) if you have more than one outlet, information relating to your outlets, including but not limited to, your outlet address, working hours and products and services provided at such outlets;
(iv) information relating to Merchant’s Products and Services, including but not limited to their fees, availability, pictures, video footage and any relevant licences and specifications of the Merchant’s Products and Services (such as Halal, Vegetarian and Production Certificates);
(v) information relating to your financial information, including bank account numbers, bank statements and other financial data necessary for processing any relevant financial transactions;
(vi) your or your representative’s facial image or video footage when you use our facial verification feature;
(vii) information relating to your performance in providing the Merchant’s Products and Services including but not limited to all the sale transaction history and the revenue you earn on the Platforms; and
(viii) any other information that may be required by OPENKOM from time to time for your use of OPENKOM’s Services, or that is relevant for your provision of Merchant’s Products and Services to the Consumer.
Service Provider
(a) We may collect information from you in the following situations:
(i) when you create an Account on our Platforms as a Service Provider;
(ii) when you use our OPENKOM’s Services and Platforms to provide Delivery Services;
(iii) when you visit or browse our Platforms; and
(iv) when you contact us for any requests, such as request for order cancellation, refund, query, file a complaint or report a problem on the Platforms.
(b) The personal information that we may collect may include but is not limited to the following:
(i) your profile information such as name, gender, nationality, race, identification card or passport number, age, date of birth, profile photo, email address, mobile number, residential address;
(ii) information relating to your financial information, including bank account numbers, bank statements and other financial data necessary for processing transaction;
(iii) information relating to your driving license, including license number and other relevant details, which is necessary for your provision of Delivery Services;
(iv) information relating to your location, including but not limited to GPS coordinates, and other location-based data, which is necessary for your provision of Delivery Services;
(v) information relating to your vehicle, including but not limited to vehicle registration number, model and colour;
(vi) your facial images or video footage when you use our facial verification feature;
(vii) information relating to your performance in providing your Delivery Services including but not limited to all the transaction history and the revenue you earn on the Platforms; and
(viii) any other information that may be required by OPENKOM from time to time for your use of OPENKOM’s Services, or that is relevant for your provision of Delivery Services to the Consumer.
By continuing to access OPENKOM’s Services and providing your personal information through OPENKOM’s Services, you explicitly consent to our processing of your sensitive personal data such as information relating to your mental or physical health condition and information relating to your religious beliefs for the purposes as described above or as required by law.
Kindly note that you are not required to provide the personal information that we have requested, but, if you choose not to do so, in many cases we will not be able to offer you with OPENKOM’s Services or respond to any queries you may have.
3. How we utilise your personal information
Any information we collect from you may be utilised and processed for the following purposes, including but not limited to:
(a) to verify your personal identity or business identity, update our records, and maintain your Account with us;
(b) to conduct simple due diligence checks on you;
(c) to provide you with OPENKOM’s Services on our Platforms, as applicable;
(d) to communicate with you in regard to OPENKOM’s Services;
(e) to facilitate the communication between you and the other Users, for their provision of Merchant’s Products and Services and Delivery Services to you;
(f) to process the payment that you are entitled to through the services provided payment service provider engaged by OPENKOM;
(g) to respond to your requests, queries, and/or complaints;
(h) to personalise your experience on our Platforms and customise the options or contents shown to you;
(i) to improve our OPENKOM’s Services provided to you;
(j) to inform you about the updates to our Platforms and OPENKOM’s Services, including any upcoming promotions, newly developed features, policy updates and security updates, however out of respect for your privacy, we present to you the option to elect not to be informed of the updates; and/ or
(k) for purposes connected with the operation, administration, development or enhancement of OPENKOM’s Services, administrations, advertising, and marketing.
4. Disclosure of your personal information
Consumer
We may disclose your personal information that we have collected to the following third parties:
(a) Merchant and Service Provider who provide you with Merchant’s Products and Services and Delivery Services;
(b) our partners, affiliates and third-party service providers who assist us in performing our provision of OPENKOM’s Services, operational administration and business development, and providing services to us such as auditing, professional advisory, insurance, banking, marketing, advertising, technology and utility and security services, such service providers will only have access to your personal information to the extent necessary to perform their functions;
(c) any person, who is under a duty of confidentiality to us, who has undertaken the responsibility to keep such information confidential; and
(d) any relevant governmental and regulatory authorities or the courts in any jurisdiction; (ii) any third-party claimants or potential third party claimants; or (iii) your card issuing bank, financial institution and/or payment service provider, to process or resolve any chargeback, payment reversal and/or dispute arising from or in connection with a transaction using OPENKOM’s Services in accordance with our Terms and Conditions.
Merchant
We may disclose your personal information that we have collected to the following third parties:
(a) Consumer who orders and/ or purchases your Merchant’s Products and Services;
(b) Service Provider who accepts the order to deliver your Merchant’s Products and Services to the Consumer;
(c) our partners, affiliates and third-party service providers who assist us in performing our provision of OPENKOM’s Services, operational administration and business development, and providing services to us such as auditing, professional advisory, insurance, banking, marketing, advertising, technology and utility and security services, such service providers will only have access to your personal information to the extent necessary to perform their functions;
(d) any person, who is under a duty of confidentiality to us, who has undertaken the responsibility to keep such information confidential; and
(e) any relevant governmental and regulatory authorities or the courts in any jurisdiction; (ii) any third party claimants or potential third party claimants; or (iii) your card issuing bank, financial institution and/or payment service provider, to process or resolve any chargeback, payment reversal and/or dispute arising from or in connection with a transaction using OPENKOM’s Services in accordance with our Terms and Conditions.
Service Provider
We may disclose your personal information that we have collected to the following third parties:
(a) Consumer who orders and/ or purchases your Delivery Services;
(b) Merchant whose Merchant’s Products and Services that you deliver to the Consumer;
(c) our partners, affiliates and third-party service providers who assist us in performing our provision of OPENKOM’s Services, operational administration and business development, and providing services to us such as auditing, professional advisory, insurance, banking, marketing, advertising, technology and utility and security services, such service providers will only have access to your personal information to the extent necessary to perform their functions;
(d) any person, who is under a duty of confidentiality to us, who has undertaken the responsibility to keep such information confidential; and
(e) any relevant governmental and regulatory authorities or the courts in any jurisdiction; (ii) any third party claimants or potential third party claimants; or (iii) your card issuing bank, financial institution and/or payment service provider, to process or resolve any chargeback, payment reversal and/or dispute arising from or in connection with a transaction using OPENKOM’s Services in accordance with our Terms and Conditions.
5. Safety of Personal Data
You acknowledge that unless you request in writing or otherwise, we, in our sole discretion, have the right but not the obligation to store any Personal Data perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us through the contact information provided below in Section 7 of this Policy.
The processing of your personal information will be done in accordance with all applicable laws. In processing your personal information, we shall take practical and reasonable steps to protect the personal information from any loss, misuse, modification, unauthorized or accidental disclosure, alteration or destruction.
Nevertheless, no data transmission over the internet can be guaranteed as completely secure. Therefore, while we strive to protect such personal data, we cannot ensure or warrant the security of any personal data transmitted to us and individuals do so at their own risk.
We do not sell, rent or lease the personal data and/or information collected to third parties.
6. Cookies
We use cookies on our Platforms and OPENKOM’s Services which enable us to understand how you use our Platforms and OPENKOM’s Services which, in turn, helps us to provide and improve our Platforms and OPENKOM’s Services.
Cookies are small data files sent from a website to your browser that are stored on your device. Cookies are used to display the most appropriate content based on your interests and activity on our Platforms and OPENKOM’s Services, estimate and report our Platforms’ and OPENKOM’s Service’s total audience size and traffic, and conduct research to improve our Platforms and OPENKOM’s Services.
You can configure your device’s settings to reflect your preference to accept or reject cookies. If you reject all cookies, you will not be able to take full advantage of our Platforms and OPENKOM’s Services.
7. Access and Update of Your Personal Information
If you would like to access, update, correct or delete your personal information, please send us an email at support@openkom.com for assistance. We will use reasonable efforts to comply with your request to access, update or correct your personal information within 21 days of receiving your request and such request may be subject to a fee pursuant to Personal Data Protection (Fees) Regulations 2013 (P.U.(A) 338/2013) and will be bound by data protection laws in Malaysia.
8. Changes to this Policy
We may update our Privacy Policy from time to time. While it is not generally feasible to notify you of the changes to this Policy, the latest version of this Policy will be available on here. This Policy is not a contract, nor does it suggest any obligation on our part with another party.
9. Conflict
In the event of any conflict between this English language Policy and its corresponding Bahasa Malaysia Policy, the terms in this English language Policy shall prevail.
10. Contact Us
If you have further questions about this Privacy Policy or wish to contact us regarding our privacy practices and policies, please do not hesitate to contact us at +603-89591333 (Openkom Support Manager) or send us an email at support@openkom.com.
