INTRODUCTION

1. This is the personal data privacy policy (“Policy”) is published by IWG ESPORTS SDN BHD (202001005673 (1361993-D)) (“the said Company” and in this Policy shall also covers the definition of “we”, or “our”, or “us”), the registered and beneficial owner of the KOHAI GAMER and KOHAI PARTNER and/or its related applications and websites (“the said Apps and Websites”).
2. It is our mission to empower people to find and hire the best providers for their service needs, and to be a driver of commerce for businesses. We value your privacy. You are given the power to decide what personal information you share with us. We also let you know how we may use the personal information that you share with us. Defined terms used here shall bear the same meaning as defined in our Terms and Conditions, unless otherwise stated.
3. This Policy applies to personal information about individuals (customers, vendors, distributors, suppliers, service providers, joint venture/business partners, job applicants, employees) held by us. We will only process your Personal Data in accordance with the Personal Data Protection Act 2010, Malaysia, the applicable regulations, guidelines, directives, amendments, orders, suborders, and anything whatsoever relating to the same made under the Personal Data Protection Act 2010, Malaysia and any statutory amendments or re-enactments made of the Personal Data Protection Act 2010, Malaysia from time to time (collectively referred to as the “PDPA”) as well as this Policy.
4. The PDPA requires us to inform you of your rights in respect of your Personal Data that is being processed or that is to be collected and further processed by us and the purposes for the data processing. The PDPA also requires us to obtain your consent to the processing of your Personal Data. In consideration of the PDPA, we are committed to protecting and safeguarding your Personal Data.
5. By providing your Personal Data to us and/or continuing access and usage to the said Apps and Websites, you declare that you have read and understood this Policy and irrevocably agree to us processing your Personal Data in accordance with the manner as set out in this Policy.
6. We reserve the absolute rights and discretions to modify, update and/or amend this Policy from time to time without any further notice to you whatsoever. We will notify you of any amendments via announcements on the said Apps and Websites or other reasonable and appropriate means. Please check the said Apps and Websites from time to time to see if there are amendments to this Policy. Any amendments to this Policy will be effective upon notice to you. By continuing to use the services and/or access to the said Apps and Websites after being notified of any amendments to this Policy, you will be treated as having irrevocably agreed to and accepted those amendments.
7. You can generally use and browse the said Apps and Websites and/or any of our application and/or website without providing any personal information and data and remain anonymous. If you do not agree to this Policy or any amendments to this Policy, we may not be able to render all services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using the said Apps and Websites and/or any of our application and/or website

COLLECTION OF PERSONAL DATA

1. The term “Personal Data” means any information in our possession or control that relates directly or indirectly to an individual to the extent that the individual can be identified or are identifiable from that and other information in our possession, such as name, address, telephone number, Identification/Passport number, date of birth, photograph, email address, household information, personal preference and hobbies etc. as well as Sensitive Personal Data as defined under the PDPA, which includes but is not limited to, information pertaining to the physical or mental health or condition of a data subject and religious beliefs.
   
   The types of Personal Data collected depend on the purpose of collection. We may “process” your Personal Data by way of collecting, recording, holding, storing, using and/or disclosing it.
2. Your Personal Data may be collected from you during your course of dealings with us in any way or manner including pursuant to any transactions and/or communications made from/with us. We may also collect your Personal Data from a variety of sources, including without limitation, at any events, promotions, collaborations, advertisements, news feeds, seminars, road shows, customer satisfaction surveys organised and/or sponsored by us, as well as from publicly available sources. Some examples of how personal data can be collected, including but not limited to the following:
   
   
   • When you register your details on the said Apps and Websites and/or any of our application and/or website, apps or kiosks;
   • When you have complete any purchase orders, requests or applications for our products or services (by phone, in person, snail mail, or electronically);
   • When you communicate with us directly via our customer service centre, or directly via our co-workers within the said Apps and Websites and/or any of our application and/or website or our stores in relation to our products and services (in person, by email, telephone, direct mail or any other means);
   • When you use the said Apps and Websites and/or any of our application and/or website services; such as home delivery, assembly/installation services, sewing services, etc.
   • When you conduct certain types of transactions such as refunds and exchange of items or goods on the said Apps and Websites and/or any of our application and/or website;
   • When you enter, and when you interact with us or the said Apps and Websites and/or any of our application and/or website during promotions, competitions, contests, lucky draws, special events, or by using devices within our stores;
   • Subscribe to any of the said Apps and Websites and/or any of our application and/or website membership programmes;
   • Participate in surveys and other types of research in relation to the said Apps and Websites and/or any of our application and/or website; or
   • If you are a candidate for employment when you have complete any forms in relation to the recruitment and selection process for the purpose of assessment. We may also collect information about you from your nominated referees where you have authorised us to do so.
3. In addition, we have the absolute rights and discretions to also receive, store and process your Personal Data which are provided or made available by any third parties, credit reference bodies/ institutions, regulatory and law enforcement authorities, for reasons including delivery of our products and/or services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.

PURPOSE OF ACQUIRING, COLLECTING AND PROCESSING YOUR PERSONAL DATA

The Personal Data as provided/furnished by you to us or the said Apps and Websites and/or any of our application and/or website or collected by us or the said Apps and Websites and/or any of our application and/or website from you or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the “Purposes”):

• to communicate and maintain communication with you;
• to maintain and improve customer relationship;
• to assess, process and provide products, services and/or facilities to you;
• to administer and process any payments related to products, services and/or facilities requested by you;
• to establish your identity and background;
• to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us;
• to provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organised by us and selected third parties which may be of interest to you from time to time;
• for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels to members of our loyalty programmes in accordance with their consent;
• to facilitate your participation in, and our administration of, any events including contests, promotions or campaigns;
• to award points in a loyalty or rewards programme;
• to provide you with the relevant information and advertisements;
• to maintain and update internal record keeping;
• for internal administrative purposes;
• to send you seasonal greetings messages from time to time;
• to refer you to Service Professionals and/or our associates, partners, counterparts or agents for any such services that you have requested or for other purposes related to the Application;
• to send you the invitation to join our events and promotions and product launch events;
• to monitor, review and improve our events and promotions, products and/or services;
• to conduct credit reference checks and establish your creditworthiness, where necessary, in providing you with the products, services and/or facilities;
• to administer and give effect to your commercial transactions with us (such as a tender award, contract for service, tenancy agreement);
• to process any payments related to your commercial transactions with us;
• to process and analyse your Personal Data either individually or collectively with other individuals;
• to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to our products and/or services;
• to share any of your Personal Data with the auditor for our internal audit and reporting purposes;
• to share any of your Personal Data pursuant to any agreement or document which you have duly entered with us for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action;
• to share any of your Personal Data with our joint venture/business partners to jointly develop products and/or services or launch marketing campaigns;
• to provide and share with such third parties in developing the said Apps and Websites and/or any of our application and/or website;
• to enhance the said Apps and Websites and/or any of our application and/or website;
• to share any of your Personal Data with insurance companies necessary for the purpose of applying and obtaining insurance policy(ies), if necessary;
• to share any of your Personal Data with financial institutions necessary for the purpose of applying and obtaining credit facility(ies), if necessary;
• for audit, risk management and security purposes;
• for supplying and providing your Personal Data with our solicitors and panels of professionals;
• for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
• for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
• to transfer or assign our rights, interests and obligations under any agreements entered into with us;
• for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us;
• to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations;
• to carry out verification and background checks as part of any recruitment and selection process in connection with your application for employment with us;
• to do any and all such acts, works and matters as it may be required at the sole discretions and rights of the said Company in relation to the said Apps and Websites and/or any of our application and/or website; and/or
• for other purposes required to operate, maintain and better manage our business and your relationship with us, which we notify you of at the time of obtaining your consent; and you agree and consent to us using and processing your Personal Data for the Purposes in the manner as identified in this Policy. If you do not consent to us processing your Personal Data for one or more of the Purposes, please notify us at the contact details below.

CONSEQUENCES OF NOT CONSENTING TO THIS POLICY

The collection of your Personal Data by us may be mandatory or voluntary in nature depending on the Purposes for which your Personal Data is collected. Where it is obligatory for you to provide us with your Personal Data, and you fail or choose not to provide us with such data, or do not consent to the above or this Policy, we will not be able to provide products and/or services or otherwise deal with you.

DISCLOSURE OF YOUR PERSONAL DATA

We shall not sell, rent, transfer or disclose any of your Personal Data to any third party without your consent. However, we may disclose your Personal Data to the following third parties, for one or more of the above Purposes, as the case may be:

• the said Company and its subsidiary/group of companies, related corporations and affiliates either in Malaysia or overseas;
• your immediate family members and/or emergency contact person as may be notified to us from time to time;
• successors in title, attorney, personal representatives and permitted assigns to us;
• any person under a duty of confidentiality to which has undertaken to keep your Personal Data confidential which we have engaged to discharge our obligations to you;
• any party in relation to legal proceedings or prospective legal proceedings;
• our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business on a strictly confidential basis, appointed by us to provide services to us;
• any party nominated or appointed by us either solely or jointly with other service providers, for purpose of establishing and maintaining a common database where we have a legitimate common interest;
• data centres and/or servers located within or outside Malaysia for data storage purposes or otherwise;
• payment channels/ gateways or third party service vendors including but not limited to financial institutions for purpose of assessing, verifying, effectuating and facilitating payment of any amount due to us in connection with your purchase of our products and/or services;
• government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities;
• our joint venture/business partners, third-party product and/or service providers, suppliers, vendors, contractors, data processors or agents, that provide related products and/or services in connection with our business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain our business, including but not limited to call centres, telecommunication companies, logistics companies, information technology companies and data centres;
• insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
• financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary;
• financial institutions, merchants and credit card organisations in connection with your commercial transactions with us;
• the general public when you become a winner in a contest by publishing your name, photographs and other Personal Data without compensation for advertising and publicity purposes;
• to third-party credit reporting or employment agencies as part of the recruitment and selection process and/or otherwise in connection with your application for employment with us;
• to a legal firm, for the purpose of any potential legal suit arising from the ordinary course of business relating to the said Apps and Websites and/or any of our application and/or website;
• in the event of a potential, proposed or actual sale/disposal of any of our business or interest, merger, acquisition, consolidation, re-organisation, funding exercise or asset sale relating to us, or in the event of winding-up (“Transaction”), your Personal Data may be required to be disclosed or transferred to a third party as a result of, or in connection with, the Transactions;
• You hereby acknowledge that such disclosure and transfer may occur and permit us to disclose and transfer your Personal Data to such third party and its advisors/representatives and/or any other person reasonably requiring the same in order for us to operate and maintain our business and/or to fully and effectively carry out the activities set out in the Purposes.

ACCURACY OF YOUR PERSONAL DATA

1. We aim to keep all Personal Data as accurate, complete, not misleading, up-to-date and reliable as possible. Therefore, the accuracy of your Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the products, services and/or facilities to you that you:
   
   
   1. warrant and declare that all your Personal Data submitted or to be submitted to us are accurate, not misleading, updated and complete in all respects for purposes of acquiring or using the relevant products, services and/or facilities, and you have not withheld any Personal Data which may be material in any respect and that we are authorised to assume the accuracy and up-to-datedness of the Personal Data given by you when processing such Personal Data);
   2. promptly updates us and keep us updated as and when such Personal Data provided earlier by you to us becomes inaccurate, incomplete, misleading, outdated or changes in any way and manner whatsoever by contacting us at the contact details below;
   3. to do such acts as may be required at the sole discretions by the said Company from time to time in relation to any matters arising from the said Apps and Websites and/or any of our application and/or website.

YOUR RIGHTS

1. Subject to the exceptions provided under the PDPA, you have the right to request for access to, request for a copy of, a request to update or correct, your Personal Data held by us. We may charge a small fee (such sum shall be determined by the Company from time to time subject always to the compliance of any written laws applicable) to cover the administration costs (“Fee”) involved in processing your request to access your Personal Data. For the avoidance of doubt, your application to access such Personal Data shall only be processed once the Fee has been cleared and deposited in the said Company’s accounts.
2. In respect of your right to access and/or correct your Personal Data, we shall have the absolute right and discretion to refuse your request to access and/or correct your Personal Data for the reasons permitted under the law, such as where the expense of providing access to you is disproportionate to the risks to your privacy, or where the rights of others may also be violated, amongst other reasons as the Company may determined from time to time.
3. You have the right at any time to request us to limit the processing and use of your Personal Data (for example, requesting us to stop sending you any marketing and promotional materials or contacting you for marketing purposes).
4. In addition, you also have the right, by notice in writing, to inform us on your withdrawal (in full or in part) of your consent given previously to us subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be affected. However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your Personal Data, and in such case, it may mean that we will not be able to continue with your existing relationship with us and/or the contract that you have with us will have to be terminated.

RETENTION OF YOUR PERSONAL DATA

Any of your Personal Data provided to us is retained for as long as the purposes for which the Personal Data was collected continues; your Personal Data is then destroyed from our records and system in accordance with our retention policy in the event your Personal Data is no longer required for the said purposes unless its further retention is required to satisfy a longer retention period to meet our operational, legal, regulatory, tax or accounting requirements.

SECURITY OF YOUR PERSONAL DATA

1. We are committed to ensuring that your Personal Data is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, we endeavour, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorised or unlawful processing of your Personal Data, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to your Personal Data.
2. We will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use your Personal Data for the Purposes set out in this Policy.
3. The Internet is not a secure medium. However, we will put in place various security procedures regarding the said Apps and Websites and/or any of our application and/or website and your electronic communications with us. All our employees, joint venture/business partners, agents, representatives, attorneys, solicitors, panels, permitted assigns, associates, distributors, contractors, vendors, suppliers, data processors, third-party product and/or service providers, who have access to, and are associated with the processing of your Personal Data, are obliged to respect the confidentiality of your Personal Data.
4. Please be aware that communications over the Internet, such as emails/web-mails/ messages or any such mode of communications are not secure unless they have been encrypted. Your communications may be routed through several countries before being delivered as this is the nature of the World Wide Web/Internet.
5. We cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Data that is beyond our reasonable control. Hence, you hereby irrevocably agreed and consented to indemnify and keep us indemnified to the fullest extent of law against for any and all damages, losses, liabilities, suits, proceedings, matters, trials and actions that may be commenced by you in the event any of any unauthorised access or interception or loss of Personal Data.

PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS

To the extent that you have provided (or will provide) Personal Data about your family, spouse and/or other dependents, you confirm that you have explained to them that their Personal Data will be provided to, and processed by, us and you hereby irrevocably represent, undertake and warrant that you have obtained their full consent to the processing (including disclosure and transfer) of their Personal Data in accordance with this Policy and, in respect of minors (i.e. individuals under 18 years of age) or individuals not legally competent to give consent, you confirm that they have appointed you to act for them, to give full consent on their behalf to the processing (including disclosure and transfer) of their Personal Data in accordance with this Policy.

TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF MALAYSIA

Our information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. This may include, but not limited to, instances where your Personal Data may be stored on servers located outside Malaysia. In addition, your Personal Data may be disclosed or transferred to entities located outside Malaysia or where you access the Site from countries outside Malaysia. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia under the laws of Malaysia. You hereby expressly and irrevocably consent and agree to us transferring your Personal Data outside of Malaysia for such purposes. We shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use your Personal Data other than for that part of the Purposes and to adequately protect the confidentiality and privacy of your Personal Data.

WEBSITE

IT IS IMPORTANT WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY/ EXTERNAL WEBSITES.

We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.

In an attempt to provide you with increased value, we may choose various third-party websites or applications to link to, and frame within, the said Apps and Websites and/or any of our application and/or website. We may also participate in co-branding and other relationships to offer e-commerce and such other related services and features to you and our users towards the said Apps and Websites and/or any of our application and/or website. These linked websites and applications have separate and independent privacy policies or policies as well as security arrangements. Even if the third party is affiliated with us, we have no control whatsoever over these linked websites and applications, each of which has separate privacy and data collection practices independent of our current practises. Data collected by our co-brand partners or third party websites and applications (even if offered on or through our Platform) may not be received by us.

We therefore shall not in any way whatsoever assume any responsibility and/or liability for the content, security arrangements (or lack thereof) and activities of these linked websites or applications. These linked websites and applications are only for your convenience and you therefore access them solely at your own risk. Nonetheless, we seek to protect the integrity of the said Apps and Websites and/or any of our application and/or website and the links, applications and websites placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

1. External links
   
   
   1. We may provide links to other websites or applications that we do not control, these include those of our third-party vendors, service vendors and/or our partners, affiliate, associates, counterparts and agents. If any part of the said Apps and Websites and/or any of our application and/or website links you to other websites or links or applications, those websites or links or applications do not operate under this Policy and we shall not in any way whatsoever accept any and all responsibility or liability or damages arising from those websites, links and applications. We do not assume responsibility or liabilities for the privacy practices, products, services or any other content of any websites or pages or applications that is not under our control. We shall not in any way whatsoever bear or assume any and all responsibility, liabilities and/or damages for any actions or policies of third-party/external websites, links and applications. Moreover, we hereby strictly disclaim all and any responsibility, liabilities and obligations for the subsequent use of an email address or any other personally identifiable information you have provided to an affiliate store or any other website, links or applications we might link to that is not under our control. You are advised to check the privacy policies of those websites, links and applications upon visiting them.
   2. Likewise, if you subscribe to an application, website, service, content or a product from our strategic partner and you subsequently provide your Personal Data directly to that third party, that Personal Data will be subject to that third party’s privacy/personal data protection policy (if they have such a policy) and not to this Policy.
   3. We strongly recommend you to read and understand the privacy/personal data protection statement/policy posted on those other websites, links and applications in order to understand their procedures for collecting, processing, using and disclosing personal data and before submitting your Personal Data to those websites, links and websites.
2. Cookies
   
   
   1. We employ an industry standard technology called “cookies”. The cookie is a small piece of information stored on the hard drive of your computer or device for record-keeping purposes and is used by us to track your visits to the said Apps and Websites and/or any of our application and/or website. Cookies may be used to save your preferences for your ease and convenience when using the said Apps and Websites and/or any of our application and/or website. Third party advertising networks may issue their separate cookies to your hard drive when serving advertisements.
   2. The type of anonymous clickstream data collected by us through the cookies may include your internet protocol address, web browser software, date and time of visit to the said Apps and Websites and/or any of our application and/or website, and whether your requests (including search requests and clicking on links to parts of the said Apps and Websites and/or any of our application and/or website) were met with success. All such information collected through cookies is not Personal Data and you cannot be identified from this information. Such information is only used for the purpose of managing and creating a better user experience and to identify areas for improvement on the said Apps and Websites and/or any of our application and/or website and in such instances the said Company shall not be held for any and all liabilities, responsibilities and/or damages for any matters arising thereof.
   3. The use of cookies is now an industry standard, and you will find them used on most major and minor websites or applications. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand and which we hereby inform that certain features on the said Apps and Websites and/or any of our application and/or website will not function properly if you set your browser to not accept cookies.
   4. Insofar as cookies are regarded as Personal Data, you have irrevocably agreed and you hereby irrevocably agreed to us that we may process such information as set out in the Cookie Policy in accordance with the terms of this Policy.

CONTACT DETAILS

If you have any questions about this Policy, or have any further queries, or would like to make a complaint or data access or correction request in respect of your Personal Data, you may contact us at the contact details below:

Data Protection Officer of IWG ESPORTS SDN BHD (202001005673 (1361993-D))

Email Address :  support@kohai.gg