2.PERSONAL DATA PROTECTION POLICY
At LOLOL SDN. BHD. (1291797-D), and our users, we are committed to protecting your privacy in accordance with the Personal Data Protection Act 2010 of Malaysia (“PDPA”). This Policy explains:
- Collection of personal data;
- Purpose of acquiring and processing user personal data;
- Disclosure of user personal data;
- Accuracy of user personal data;
- User rights;
- Retention of user personal data;
- Security of user personal data;
- Personal data from children and other individuals;
- Transfer of user personal data outside of his/her country;
- Internet and mobile application use.
3.COLLECTION OF PERSONAL DATA
- a.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 is identifiable from that information such as name, address, telephone number, passport/identification card number, date of birth, email address, gender, race, bank details, credit/debit card details, etc. The types of personal data collected depend on the purpose(s) of collection. We may “process” your personal data by way of collecting, recording, holding, storing, using, disclosing and/or deleting it.
- b.Your personal data may be collected from you during your course of dealing 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 meetings, events, activities, contests, customer satisfaction surveys organised and/or sponsored by us, as well as from publicly available sources such as directories and LOLOL’s social media pages, if you follow, like or are a fan of such pages. Further information may also be collected when we exchange communications with you, for example, if you submit a request, file a complaint or contact our support team.
- c.In addition, we may also receive, store and process your personal data which are provided or made available by any third parties whom you have authorised, credit reference/reporting bodies, regulatory and law enforcement authorities, for reasons including delivery of our Service, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.
4.PURPOSE OF ACQUIRING AND PROCESSING YOUR PERSONAL DATA
- a.The personal data as provided/furnished by you to us or collected by us 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”):
- b.Where you are a LOLOL member/user/customer:
- i.to register for a user Account with us;
- ii.to process, manage or verify your identity;
- iii.to provide, maintain and improve the Platform and/or Service to you;
- iv.to fulfil and validate your purchases/ reservations/ bookings;
- v.to process payment from you, including authorising and processing online banking, credit/debit card transactions and sending receipts to you;
- vi.to communicate with you and to maintain and improve customer relationship;
- vii.to personalise and improve your user experience with the Platform and/or Service;
- viii.to provide you with support and handle requests and complaints;
- ix.to facilitate your participation in, and our administration of, any of our activities including contests, promotions, campaigns, polls or surveys;
- x.to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, usage and activity trends analysis in relation to the Platform and/or Service and our users’ demographics (on an anonymised basis);
- xi.to protect and/or enforce our legal rights and interests, including defending any claim
- xii.to comply with our legal and regulatory obligations under the applicable laws, legislation, regulations or court orders;
- xiii.to comply with or as required by any request or direction of any governmental/law enforcement authorities; or responding to requests for information from public agencies, ministries, statutory bodies or other similar authorities;
- xiv.to detect, investigate and prevent any fraudulent, prohibited or illegal activities or misuse of the Platform and/or Service;
- xv.to transfer or assign our rights, interests and obligations under any agreements entered into with us;
- xvi.for internal administrative and updating purposes, such as auditing, data analysis, record keeping, contact lists, risk management, security, etc; and/or
- xvii.for our storage, hosting backup (whether for disaster recovery or otherwise) of your personal data, whether within or outside your country,
- c.and you agree and consent to us using and processing your personal data for the Purposes as id
- d.Where you are our LOLOL Partner, business/marketing partner, agent, vendor, distributor, supplier, contractor or service provider:
- i.to engage you to provide products and/or services to us/on our behalf;
- ii.to process any payments related to your commercial transactions with us;
- iii.to communicate with you and to maintain and improve customer relationship;
- iv.to provide you with support and handle requests and complaints;
- v.to conduct credit reference checks and establish your credit worthiness,
- vi.to carry out due diligence or other monitoring or screening activities (including background checks) in accordance with legal or regulatory obligations or risk management procedures that may be required by law or that may have been put in place by us
- vii.to send you seasonal greetings messages, gifts, newsletters from time to time;
- viii.to protect and/or enforce our legal rights and interests, including defending any claim;
- ix.to comply with our legal and regulatory obligations under the applicable laws, legislation, regulations or court orders;
- x.to comply with or as required by any request or direction of any governmental/law enforcement authorities; or responding to requests for information from public agencies, ministries, statutory bodies or other similar authorities;
- xi.to detect, investigate and prevent any fraudulent, prohibited or illegal activities or omission or misconduct;
- xii.to transfer or assign our rights, interests and obligations under any agreements entered into with us;
- xiii.for internal administrative and updating purposes, such as auditing, data analysis, record keeping, contact lists, risk management, security, etc; and/or
- xiv.for our storage, hosting backup (whether for disaster recovery or otherwise) of your personal data, whether within or outside your country,
- e.Marketing and promotional purposes
- i.We may also use and process your personal data for the following marketing and promotional purposes (“Marketing and Promotional Purposes”):
- 1.to send you information, alerts, newsletters, updates, promotional materials, special privileges announcements on products, services, upcoming contests, events, activities, promotions, campaigns, polls or surveys offered/organised by us and/or our selected third parties (business/marketing partners, sponsors, advertisers) which may be of interest to you;
- 2.to send you seasonal/festive greetings or messages;
- 3.to notify and invite you to events or activities organised by us and/or our selected third parties (business/marketing partners, sponsors, advertisers) which may be of interest to you;
- 4.to process your registration to participate in or attend an event or activity and to communicate with you regarding your attendance at the event or activity; and/or
- 5.to share your personal data within our organisation and our selected third parties (business/marketing partners, sponsors, advertisers) who may communicate with you to market their products, services, events or promotions,from time to time by SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels.
- 6.You have the right at any time to request us to stop sending you any marketing and promotional materials or contacting you for Marketing and Promotional Purposes. You may also click on the “Unsubscribe” link embedded in the relevant marketing and promotional email in order not to receive any marketing and promotional email in the future. If you unsubscribe, we may still send you non-marketing and promotional communications, such as those about your Account, about the Platform and/or Service or our ongoing business relations.
- ii.If you are a LOLOL member, your user profile information such as your username will be used to identify you when you use the Platform and/or Service. Your username may be displayed to other users when you submit your rating and/or review. We will not directly disclose or share your user email address and other information without your consent.
- iii.We may also use, process and share non-personally identifiable, aggregated, statistical and/or anonymous data with third parties for data analytics and to analyse and develop our marketing strategy and further improve and enhance the Platform and/or Service.
- v.We will seek your separate consent for any other purposes which do not fall within the categories stated above.
- i.We may also use and process your personal data for the following marketing and promotional purposes (“Marketing and Promotional Purposes”):
6.DISCLOSURE OF YOUR PERSONAL DATA
We will not sell, rent, transfer or disclose any of your personal data to any third party without your consent. However, we may disclose some of your personal data to the following third parties, for one or more of the above Purposes:
- a.our subsidiaries, related and/or associated companies;
- b.your immediate family members and/or emergency contact person as may be notified to us from time to tim
- c.successors in title to us;
- d.our fitness and wellness centres, gyms, classes, studios, sport complexes, li outdoor group exercises and activities partners (“Partners”) for each offer that you reserve on the Platform, as if you reserved an Activity directly with the LOLOL Partner;
- e.our selected third parties (business/marketing partners, sponsors, advertisers) who offer promotions or organise contests, events, activities or campaigns;
- f.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;
- g.any party in relation to legal proceedings or prospective legal proceedings;
- h.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, who provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes;
- i.data centres and/or servers located within or outside your country for data storage purposes;
- j.storage facility and records management service providers
- k.government agencies, law enforcement agencies, courts, tribunals, regulatory/professional bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any country, 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;
- l.credit reference/reporting agencies for the purpose of credit checking on you;
- m.our business/marketing partners, third party product and/or service providers, suppliers, vendors, distributors, contractors or agents, on a need to know basis, that provide related products and/or services in connection with our business on our behalf or to assist us with the provision of the Platform and/or Service to you;
- n.insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary;
- o.fiancial institutions for the purpose of applying and obtaining credit facility(ies), if necessary;
- p.banks and financial institutions, merchants and credit/debit card companies in connection with your commercial transactions with us;
- q.the general public when you become a winner in a contest, participate in our events or activities, submit your rating and/or review or other features of the Platform and/or Service that are viewable by the general public without compensation for advertising and publicity purposes;
- r.any third party (and its advisers/representatives) in connection with any proposed or actual reorganization, merger, sale, consolidation, acquisition, joint venture, assignment, transfer, funding exercise or asset/share sale relating to all or any portion of our business or in the unlikely event of insolvency, bankruptcy or receivership; and/or
- s.any other person reasonably requiring the same in order for us to operate and maintain our business or carry out the activities set out in the Purposes or as instructed/authorised by you.
7.ACCURACY OF YOUR PERSONAL DATA
We take it that all personal data provided by you is accurate and complete, and that none of it is misleading or out of date. You will promptly update us in the event of any change to your personal data. Please note that your failure to maintain accurate, complete and up-to-date personal data (including having an invalid or expired payment method) may result in your inability to access and use the Platform and/or Service.
- a.To the extent that the prevailing personal data protection and privacy laws of the countries we operate in allow, you have the right to request for access to, request for a copy of, request to update or correct, your personal data held by us. We may charge a small fee (such amount as permitted under the applicable law) to cover the administration costs involved in processing your request to access your personal data. Notwithstanding the foregoing, we reserve our rights to rely on any statutory exemptions and/or exceptions to collect, use and disclose your personal data.
- b.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, it may mean that we will not be able to continue with your existing relationship with us or the contract that you have with us will have to be terminated.
- c.You may correct, update or delete your personal data at any time by editing your profile on the “Account Settings” page on the Platform. However, please note that your personal data may be retained on our back-up systems for some time. In addition, you cannot delete information associated with past transactions as we keep track of these records.
9.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 or anonymised from our records and back-up systems 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.
10.SECURITY OF YOUR PERSONAL DATA
- a.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 commercially 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.
- c.The Internet is not a secure medium. However, we will put in place various reasonable security procedures with regard to the Platform and your electronic communications with us. All our employees and data processors, who have access to, and are associated with the processing of your personal data, are obliged to respect the confidentiality of your personal data.
- d.Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. While we take commercially practical steps to protect your personal data, we cannot and do not accept responsibility for any unauthorised access, unlawful interceptions or loss of personal data transmitted to or from LOLOL and are not responsible for the actions of any third parties that may receive any such personal data.
11.PERSONAL DATA FROM CHILDREN AND OTHER INDIVIDUALS
12.TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF YOUR COUNTRY
Our information technology storage facilities and servers may be located in other countries outside of your country. This may include, but not limited to, instances where your personal data may be stored on servers located outside of your country. In addition, your personal data may be disclosed or transferred to entities located outside your country. 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 your country under the applicable laws in your country. You hereby expressly consent to us transferring your personal data outside of your country for such purpose.
13.INTERNET AND MOBILE APPLICATION USE
- a.You acknowledge that the provision of your personal data to us over the Internet is entirely at your own risk.
- b.You further acknowledge that if you post your rating and/or review on the Platform, your rating and/or review will become a public information and will be retained by us even after your account has been terminated. Your email address and phone number will not be visible to others through any rating and/or review that you post.
- e.In addition to using cookies and related technologies as described above, we may also permit certain third party companies to help us tailor advertising that we think may be of interest to users and use other data about user activities on our Platform and/or Service (e.g., to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior
- h.We may automatically receive, record and store location services information from your computer or mobile device when you interact with us. You hereby consent to our use of anonymised location services information collected from you. Where the location services information is personally identifiable, we will give you the options to manage your disclosure of this information. Depending on the functionalities available on your computer or mobile device, you may benefit from advanced options to manage the location services information. A computer or mobile device may report its GPS location at the time you interact with us if the location services settings are enabled. Such information is not identified as personal data, except where we are required to do otherwise under applicable law.