Privacy Statement - Sky Plus Trading

Effective Date: 1 September 2023

INTRODUCTION
1. This privacy policy (“Privacy Policy”) is issued by Excel Big Bulk Trading Sdn. Bhd. (Registration No: 201601033680 (1204621-X)) (“Excel”, “us”, “we” or “our”) and shall apply to you (“you” or “your”) when you are browsing or utilising our website, mobile application and/or other online platforms owned, managed and/or operated by us (“Platform”).
2. For the purposes of this Privacy Policy, the expression “personal data” shall bear the meaning as defined by the Personal Data Protection Act 2010 (“PDPA”), which include “sensitive personal data” (as also defined by the PDPA) and any personal data that may have been or may from time to time hereafter be provided by you and/or obtained independently by us from other lawful sources (if any) in connection with any commercial transaction provided by us.
3. This Privacy Policy supplements the other notices and terms (including our Terms and Conditions) and is not intended to override them.
YOUR CONSENT IS IMPORTANT
1. 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.
2. Before you use the Platform or our services, please read this Privacy Policy in its entirety, as it serves to help you make informed decisions about how we collect and process your personal data.
3. Excel will only collect and use your personal data in accordance with such applicable laws (including the PDPA), this Privacy Policy and/or the privacy terms in any agreement(s) that you may have or will enter with Excel.
4. This Privacy Policy explains, inter alia:
  1. what personal data we collect about you and how do we collect from you;
  2. what are the purposes of collecting your personal data;
  3. to which third parties and under what circumstances we will disclose your personal data;
  4. what are your rights in respect of your personal data; and
  5. what you can do if there are any changes, questions or complaints about your personal data.
5. By accessing the Platform, providing us your personal data, using our products and/or services and/or communicating with us, you hereby consent to the processing of your personal data in accordance to this Privacy Policy. We may update this Privacy Policy from time to time without notice and all changes shall be effective immediately upon being posted on the Platform.
6. 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 covenant that:
  1. you have obtained the consent and necessary authorisation (if it is a corporate body) from such other person and that the personal data is given voluntarily, accurately and complete;
  2. you are authorised to receive any privacy notice and other related information on his/its behalf; and
  3. you have been given consent and/or authorisation to transfer his/its Personal Data abroad,failing which you shall indemnify and keep us indemnified against any claims from such other person in the event of breach of these provisions.
7. 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 Privacy Policy and may cause us to be unable to provide our products and/or services to, or accept payments from, you.
COLLECTION AND PROCESSING OF YOUR PERSONAL DATA
1. The personal data we collect about you may include:
  1. contact information, such as your name, email address, mailing address and phone number;
  2. personal identification information (e.g. identity card number or passport number);
  3. nationality;
  4. gender;
  5. age or date of birth;
  6. billing information, delivery address and billing address;
  7. bank account details and payment information;
  8. usage data of the Platform (e.g. number of visit and average time spent); and
  9. your Internet browser information (e.g. 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 the Platform), including any other information (such as sensitive personal information) as required by us from time to time for the purposes specified in Clause 4.1 herein or as set out in the Terms and Conditions on the Platform.
2. Collection of a third party’s personally identifiable information may be necessary to process and register your order for certain products or services.
3. Please be informed that we may obtain your personal data from you and from other sources, including but not limited to:
  1. through your relationship with us, which include (a) information provided by you to fill up a user profile, registration forms (if any); (b) when you sign up for an account with us on the Platform; (c) when you access the Platform and use the features and our products and/or services on our Platform; or (d) when you communicate with us through phone calls, e-mail and/or other correspondence methods;
  2. any interaction between you and us through (a) the Platform; (b) other social media platforms such as our Facebook, Instagram and TikTok (if applicable); and (c) our online chat applications and forums (if applicable);
  3. through our media launches which you may have been invited to or through your participation in our campaigns, competitions, activities and/or promotions where you are required to provide personal data about yourself and other parties (e.g. your family members and colleagues);
  4. third parties connected to you, such as your employees, joint account holders, guarantors and such other persons (subject to your prior consent for them to disclose information relating to you);
  5. any videos or photos collected by us and/or our authorised agents;
  6. an analysis of the manner (a) you manage your account on the Platform; or (b) your use of the features and our products and/or services on our Platform, which include any transaction you make and/or the payment made to / from your account or e-wallet (if any) on the Platform;
  7. your activities on the mobile application(s) (if any), such as web beacons, clear pixels or pixel tags, analytical tags, geo-location technologies and quick response (QR) code;
  8. by using Cookies, details of which are set out in Clause 12 of this Privacy Policy; and
  9. 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
1. You hereby acknowledge, confirm and consent that we are authorised to collect and process your personal data, for any of the following purposes:
  1. Verification and Administration
    1. to verify the information and/or identity provided by you for the purpose of delivery our products and/or services to you;
    2. to analyse your suitability to register with us and process your registration with us;
    3. to verify, update and process your application/subscription and administer your account(s) with us; and
    4. to administer the account you hold with us for loyalty or membership programmes.
  2. Facilitation of Agreements
    1. to facilitate the agreements to be entered into or have been entered into with us;
    2. to facilitate communications between you and us or other users in respect of such agreements;
    3. to notify you on the product tracking, pick-up and delivery location, invoices and other documents as the Laws (as hereinafter defined) may require or permit;
    4. to transfer or assign our rights, interests and obligations under any of the agreements between you and us; and
    5. to protect or enforce our rights to recover any debt owing to us (if applicable).
  3. Services and Support
    1. to administer and give effect to the commercial transaction and the management and/or enforcement thereof, including any communication with you and other users;
    2. to conclude and manage the order process;
    3. to provide you with any products you have purchased or requested through the Platform;
    4. to communicate with you and respond and follow up on any queries, complaints or requests you or other users may have;
    5. to conduct surveys and analysis in regard to your and other users’ data usage;
    6. to display your name, username or profile on the Platform (including on any reviews you may post);
    7. to process payments relating to any products you have ordered;
    8. to be used in, to provide and/or to improve the services provided by us, analyse consumption patterns and choices, users’ demographics, market surveys, processing invoices and payments;
    9. to notify you about benefits and changes to the features of our services;
    10. to improve and manage our Platform user experience for you;
    11. to provide personalised feedback to you in order to maintain, enhance and support the relationship between you and us and other users;
    12. to invite you to take part in and manage customer surveys, reviews and other market research activities;
    13. 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 services; and
    14. to enhance our processes, advertising, notifications, authentication, security and compliance, analytic and preference management through the use of Cookies (details of such usage are specified in Clause 12 herein).
  4. Marketing
    1. to contact and provide you information regarding our and our business partners’ offers which include offers of products, services, new launches, upcoming events, promotions, advertising, marketing and commercial materials and such other information as may be determined by us to be of interest to you (via e-mails, text messages or other communication methods); and
    2. to process your participation in any offers, competitions, events, activities, contests, polls, surveys or promotions.
  5. Compliance with Laws and Regulations
    1. to comply with our obligations, compliance requirements and disclosure requirements under any law, rule, regulation, by-law, order, guideline, directive and policy enforced by the government authorities, including such other international and local laws and requirements in force and as amended from time to time relating to the commercial transaction and/or relating to the conduct of our business or activities (collectively, “Laws”);
    2. to maintain safety and security of our services;
    3. for audit, compliance and risk management purposes;
    4. to assess financial and insurance risks;
    5. for prevention of crimes, bribery, fraud and money laundering; and
    6. for any other purpose that is required or permitted by any Laws.
  6. Internal Records and Technical Issues:
    1. for our internal record keeping in the ordinary course of business;
    2. to maintain, update, consolidate and improve the accuracy of our database records and comply with internal policies and procedures;
    3. to produce data, reports and statistics which have been anonymised or aggregated in a (encrypted) manner that does not identify you as an individual;
    4. to conduct research for analytical purposes but not limited to data mining and analysis of your transaction with us; and
    5. to detect, prevent and address technical issues.
2. In connection with the purposes set out in Clause 4.1.4 above, you can change you marketing choices, both when you register with us, and at any time thereafter.
3. We will seek your separate consent for any other purposes which do not fall within the purposes stated above.
DISCLOSURE OF PERSONAL DATA
1. For the purposes of providing you with our services and managing the operation of the Platform, we reserve the rights to disclose your personal data to carefully selected third parties set out as follows:
  1. on a need-to-know basis, to (a) our subsidiaries, related and associated companies; (b) our parent company including its subsidiaries, associated and related companies; and (c) our affiliates including our business partners (some of whom may be outside Malaysia and undertake administrative, management and operational functions for or on behalf of us in respect of or arising from the commercial transaction or to support sales, marketing, promotion and/or advertising efforts) (collectively, “Affiliates”);
  2. companies and/or organisations who assist us including but not limited to our successor in interest, sponsors, advertisers, suppliers, contractors, licensors, payment gateway service providers (if applicable) and other third-party service and/or product providers;
  3. companies and/or organisations who act as our strategic partners which include parties that we collaborate with for certain events, programmes, activities or to provide any services and/or products;
  4. our Platform merchants (if applicable);
  5. companies and/or organisations who assist us in providing you value added services and/or products as requested by you;
  6. our legal and professional advisors including but not limited to our lawyers, insurers, adjusters, accountants and/or financial advisors authorised by us;
  7. your legal and professional advisors including but not limited to your lawyers, insurers, adjusters, accountants and/or financial advisors authorised by you;
  8. any person authorised by you to give instructions and/or to use the account registered with us on the Platform;
  9. any rating agency, insurer, insurance broker and/or direct or indirect provider of credit protection;
  10. any financial institutions, merchants, VISA International Services Association, MasterCard International Incorporated and/or other card associations in relation to any credit card and/or debit card issued to and used by you on the Platform;
  11. any person connected to the enforcement or preservation of any of our rights under the agreements between you and us;
  12. any government departments/agencies and statutory authorities in connection with any investigations or enquiries;
  13. fraud and crime prevention agencies for the purposes of assessing the risk of crime, fraud and money laundering (this forms a condition of us entering into any agreement with you);
  14. our IT service providers who provide technical infrastructure services, software and development work, analyse how our services are used and provided, or provide any services to you and other users;
  15. our marketing, research, and communications agencies;
  16. media and news agencies for publicity purposes; and/or
  17. any other parties where required by Laws or in respect of whom you have given your express or implied consent.
2. In the event of a sale of business, disposal, acquisition, merger, joint venture, debt financing, reorganisation, insolvency, bankruptcy or receivership involving us or our assets to another third party, your personal data may be required to be disclosed and/or transferred to the third party as part of our business assets. You acknowledge and authorise us to release your personal data to the third-party including its advisers and representatives, and that the other party has your consent to process such personal data.
3. If your personal data is processed by the third party, we will request the third party to adhere to our standards and all applicable Laws but we bear no responsibilities and shall not be liable for any losses, damages, claims, costs and expenses of whatever nature resulted from and/or in connection to the non-compliance by the third party.
4. The provisions ofthis Clause 5 shall, at all times, be subject to the compliance of relevant Laws applicable to us and our business in all jurisdictions.
5. Except as set out above, we will never sell, distribute or disclose any of your personal data (except anonymous aggregate information) to any third party without your express consent.
DISCLOSURE FOR MARKETING AND PROMOTIONAL PURPOSES
1. The information you provide to us, such as user-generated content (including your text, photos, images, reviews, videos and recordings), as well as information we collected about you indirectly, may be used by us for marketing, advertising and publicity purposes without any payment of royalty or image fees to you. We may extract, disclose and release the information in our possession relating to you as mentioned in this Privacy Policy and may also publish your name and photo on the Platform or our social media platform at our sole and absolute discretion (such as 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.
2. 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.
3. We do not and will not disclose, rent, sell or otherwise make available your personal data to third parties for direct marketing purposes.
4. If you prefer not to receive any marketing communications, notifications and materials from us, you can opt out at any time.
5. 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. In any event, your latest written instructions to us will prevail.
6. 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.
OUR OBLIGATIONS AND YOUR OBLIGATIONS
1. Our Obligations: It is obligatory for us to process your personal data on the legitimate interest to run and manage the Platform. We follow generally accepted industry standards to protect the personal data submitted to us. We will take all steps reasonably necessary, including all reasonable technical and organisational precautions, to ensure that your personal data is treated securely and in accordance with this Privacy Policy, including all applicable Laws.
2. Your Obligations:
  1. It is obligatory for you to provide us with complete and accurate personal data and keep us updated of your personal data, failing which we may not be able to process your personal data to fulfil the purposes in Clause 4.1 above. As a consequence, (a) your application as a registered user will be rejected by us and you are not be able to access to certain part of the Platform which is only accessible to a registered user; or (b) if you are a registered user, your relationship with us shall cease to be in effect and will be terminated; or (c) if you are an anonymous user, you may not be able to access certain parts of the Platform.
  2. If there are any changes to your personal data, you hereby acknowledge that you have the obligation to inform us immediately, in any event not more than seven (7) calendar days after such changes arise. You shall send us a written notice (by e-mail) in respect of such changes, in which we will update your personal data within twenty-one (21) calendar days upon receipt of your written notice. Please note that we may use our discretion in allowing the correction or update requested or may require further documentary evidence of the new information to avoid fraud and inaccuracy.
  3. Without contrary to Clause 7.2.2 above, if you do not wish for any part of your personal data to be used by us for the purposes set out in this Privacy Policy, you are required to notify us immediately at the e-mail address specified in Clause 17.1 herein.
3. Incomplete Personal Data: Where the personal data is requested for the purposes in Clause 4.1 above, you, or any such other persons or organisations or the companies represented by you have the option not to provide additional personal data requested by us other than the information which we have indicated as necessary to facilitate the commercial transaction. If the personal data provided by you is incomplete, we will not be able to process your personal data for the purposes outlined in this Privacy Policy and may not be able to offer the products and/or services, to fulfil your request (if applicable) and/or to accept payments from you.
DATA SECURITY
1. We are committed to take all reasonable steps to ensure your personal data is kept confidential and secure, and to take appropriate administrative and security safeguards, policies and procedures to prevent any unauthorised and/or unlawful processing of, and the accidental loss, alteration, destruction or damage to your personal data.
2. 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 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.
TRANSFER OF YOUR PERSONAL DATA OUTSIDE MALAYSIA
1. Your personal data may from time to time be transferred to, stored, used and processed by us in places other than Malaysia. This is because some of our digital storage facilities, servers, and service providers may be located in such other places.
2. Your personal data may also be transferred out of Malaysia to third parties in a jurisdiction other than Malaysia where you are situated at while using any services or accessing the Platform and you hereby consent to and authorise us in respect of the transfer of your personal data out of Malaysia.
3. We will take reasonable steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the applicable Laws.
PERSONAL DATA RETENTION
1. We will only retain your personal data for so long thereafter as is necessary for us to fulfil the purposes as set out in this Privacy Policy.
2. However, we may need to retain your personal data for longer if it is necessary for us to (a) comply with our legal obligations; (b) to respond to any disputes, claims or complaints made related to you; or (c) to enforce and execute our legal agreements and policies.
YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA
1. You have various rights in law in respect of your personal data retained by us. Your rights are set out as follows:
  1. accessing your personal data (subject to payment of the relevant processing fee, if applicable);
  2. requesting rectification or erasure of your personal data or to keep your personal data up-to-date (provided that you have complied with your obligation in Clause 7.2.2);
  3. requesting restrictions on the processing of your personal data; and
  4. objecting to our processing of your personal data.
2. Pursuant to your right to access your personal data in Clause 11.1.1:
  1. you also have the right to receive a copy of your personal data in an electronic format. However, this right is limited to personal data that you have provided to us and is processed based on your consent. It does not cover personal data that we receive on other grounds or from other sources;
  2. we may withhold your request to access your personal data in certain circumstances, including but not limited to (a) when we are unable to confirm your identity; (b) where such personal data requested is of confidential nature; or (c) when we receive repeated requests for the same data. In any event, we will promptly notify you of the reasons for not being able to accede to your request; and
  3. 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.
3. Subject to your requests in Clauses 11.1.2, 11.1.3,and/or 11.1.4, we reserve all our rights to deny your access to the Platform and/or to reject any or all your requests or require further documentary evidence for reasons permitted by the applicable Laws.
USE OF COOKIES ON OUR PLATFORM
1. Excel, its Affiliates, licensors, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with your use of the Platform. Cookies may have unique identifiers, and reside, among other places, on the device you use to access the Platform, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of our products and/or services, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.
2. Excel may allow third parties to use Cookies on the Platform to collect the same type of information for the same purposes Excel does for itself. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have any responsibility, access to, or control over the Cookies they use.
3. 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.
4. 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 PLATFORMSThe Platform may contain links to third-party websites. These third-party websites are not related to, associated with us or under our control. Therefore, we are not responsible or liable for their privacy policy in regard to any collection, usage, maintenance and/or sharing of personal data of such third-party websites. We reserve the right to disable any links to any third-party websites in our sole discretion.
PERSONAL DATA FROM MINORS
1. We do not knowingly solicit or collect personal data from children below the age of 18 (“Minor”).
2. As a parent or legal guardian, you are under the obligation to not allow a Minor under your care to submit personal data to us in their own capacity. In the event that such personal data is provided to Excel, you hereby consent to the processing of the Minor’s personal data and personally accept and agree to be bound by this Privacy Policy and take responsibility for his or her actions.
DATA BREACH NOTIFICATIONWhile we are committed to ensuring the security of your personal data, we will communicate to you if there is any personal data breach without undue delay. If you suspect or anticipate the likelihood of a data breach, please contact us using the contact details provided below.
AMENDMENT AND LANGUAGE
1. We shall have the right to modify, update or amend the terms of this Privacy Policy at any time, and from time to time, by placing the updated Privacy Policy on the Platform, to take into account of new laws and technology, changes to our business operations and environment. By continuing to communicate with us, continuing to use our products and/or services and/or our Platform following the modifications, updates or amendments to this Privacy Policy, you acknowledge that such actions shall signify your acceptance of such modifications, updates or amendments.
2. In the event of any conflict between the English and other language versions of this Privacy Policy, the English version shall prevail.
CONTACT US
1. Should you have any queries, concerns or complaints in relation to this Privacy Policy or how we handle your personal data, kindly contact us at:
  1. Tel: +603-80527841
  2. Email: hello@excel-group.com.my