Privacy Policy

GIFT ED SDN BHD (Company Registration No. 202101043700 (1444000-U)) a company incorporated under the laws of Malaysia having a business address at WeWork Mercu 2, 38-001, No. 3, Jalan Bangsar, KL Eco City, Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur 59200 and its related companies ('Company', 'we', 'us', or 'our',) are committed to protect the confidentiality of information and privacy of our users. This privacy policy is formulated in accordance with the Malaysian Personal Data Protection Act 2010 (‘PDPA’), which  describes how and why we might collect, store, use, and/or share ('process') your personal data (“Privacy Policy”) when you use our services ('Services'), such as when you:

  • Visit our website at https://www.gift-ed.com/

  • Engage with us in other related ways, including any sales, marketing, or events

By continuing to access our website, communicating with us or voluntarily providing your personal data to us, you warrant that you are at least 18 years of age and expressly consent to our collection, storage, use and disclosure of your personal data as described in this Privacy Policy. We do not process any sensitive data and do not process personal data of children under 18 years of age.

All organisations that process personal data are required to comply with data protection legislation. The PDPA give individuals (‘data subjects’) certain rights over their personal data whilst imposing certain obligations on the organisations that process their data.

Questions or concerns? Reading this privacy policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at gifted@gift-ed.com. Please refer to our Terms of Use which governs your use and access to our services when you access our website (“Website”). Our Terms of Use may be updated occasionally, and you should read and understand the terms and conditions which you shall be bound to by continuing to access our Website, providing your information or engaging in our Services.

SUMMARY OF KEY POINTS

This summary provides key points of this Privacy Policy, but you should read this Privacy Policy in conjunction with our Terms of Use in its entirety to find out more about the details. 

What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. 

Do we process any sensitive personal information? We do not process sensitive personal information.

Do we receive any information from third parties? We do not receive any information from third parties.

How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. 

In what situations and with which types of parties do we share personal information? We may share information in specific situations and with specific categories of third parties. 

What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. 

How do you exercise your rights? The easiest way to exercise your rights is by filling out our data subject request form available here, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

  • names;

  • age;

  • gender;

  • date of birth;

  • nationality;

  • email addresses;

  • job titles;

  • usernames;

  • passwords;

  • contact preferences;

  • contact or authentication data;

  • information automatically collected such as IP address, real time geographic location data, cookies and other internet log on information of your computer, mobile, or other electronic/communication devices; and

  • any other details that you have voluntarily provided or may provide us or otherwise as well as all other details relating thereto. 

You are not required to provide the personal information that we request, but we may not be able to provide you with our Services or benefits or you may not be able to login to our platforms or fully utilise certain features without providing us with such information. 

Sensitive Information. We do not process sensitive information.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).

  • Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

2. HOW DO WE COLLECT YOUR INFORMATION?

In Short: We collect your information when you visit our Website and when you are opting in when presented with choices, you have explicitly consented for us to use and process your personal data or sensitive personal data, subject to the PDPA. This enables us to achieve the Purposes stated in paragraph 3 in connection with our business and provision of our Services. 

We will collect your personal data to be processed by us and/or on your behalf in the course of your present or future dealings with us in a number of ways, including but not limited to:

  • When you register an account with us;

  • When you login to our website;

  • When you contact us whether in person, by phone, by email, by post or via any means to make enquiries, complaints, suggestions or provide information;

  • When we verify your identity;

  • When you subscribe to our newsletter;

  • When you submit any other information in connection with your use of our Services; 

  • When you subscribe to our Services.

We may also require you to provide signed consent (including via electronic signing) to enable us to collect personal data from you or third parties. Such consent should only be given after you have read and understood this Privacy Policy.

3. WHAT IS THE PURPOSE OF US COLLECTING YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for verification purposes, for security and fraud prevention, and to comply with law. We only collect personal data we actually need for or directly related to our specific Purposes. To the extent that you access our Website or read or click on an email from us, we may also collect certain data automatically or through you providing it to us even if you choose to remain anonymous unless expressly stated otherwise, such as a browser cookie. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on how you interact with our Services, including but not limited to the following purposes (‘Purposes’):

  • To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.

  • To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.

  • To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.

  • To send administrative and marketing information to you. We may process your information to send you details about our products and services including promotional and direct marketing material, changes to our terms and policies, and other similar information. If you do not wish to receive any promotional or direct marketing material please notify us via our contact details as provided below.

  • To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user.

  • To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.

  • To improve our services by conducting internal analysis. We may process your information by conducting internal analysis to help us better understand our users and improve our Services.

  • To enable us to process your feedback. We may process your information when handling or responding to your queries, complaints, suggestions or feedback.

  • To meet legal, regulatory or compliance requirements. We may process your information when dealing with enquiries or instructions from law enforcement or regulatory bodies or for the purpose of obtaining legal advice.

4. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

In Short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.

We process personal data and is a ”data controller” for the purposes of PDPA. As such, we may rely on the following legal bases to process your personal information:

  • Consent. We may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose, by either registering an account with us, communicating with us or by using our Services. You can withdraw your consent at any time. 

  • Performance of a Contract. We may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

  • Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information in litigation where necessary or when required by law enforcement in which we are involved.

  • Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

5. WHEN AND WITH WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?

In Short: We will keep your personal data confidential and will not disclose it to any third parties unless it is necessary for us to disclose to fulfil the Purposes as mentioned above and for any other legitimate business or legal purposes only. We may disclose information in specific situations described in this section and/or with the following categories of third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents ('third parties') who perform services for us or on our behalf and require access to such information to do that work. These third parties may be located in a country whose data protection legislation is different from your country, and they will have access to your personal information as necessary to perform their functions. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they are not allowed to do anything with your personal information unless we have instructed them to do it. They will also not be allowed to share your personal information with any organisation apart from us. We also have appropriate agreements in place with the third parties where the third parties agree to commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows:

  • Data Analytics Services

  • Website Hosting Service Providers

  • Data Storage Service Providers

  • And other related Service Providers. 

We also may need to share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. Where your personal information is shared with the new entity, you would be sent notice of such event.  

  • Other Users. When you share personal information (for example, by posting comments, contributions, or other content to the Services) or otherwise interact with public areas of the Services, such personal information may be viewed by all users and may be publicly made available outside the Services in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Services, and view your profile.

  • Government Agencies or Legal Authorities. Your personal data may be disclosed to parties such as but not limited to, banks, auditors, governmental departments and/or agencies, regulatory and/or statutory bodies where required or where we are compelled by law to abide by the orders of such bodies.

6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.  One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize the site pages, or register for services, a cookie helps us to recall your specific information (such as user name, password and preferences). 

We use them to remember your login details, to track overall web traffic and to access information in cache about your session in order to assist you in the use of our website. Information such as your last search will be cached. However, this kind of information will be deleted each time you close your web browser. Because of our use of cookies, we can deliver faster and more accurate results and a more personalized site experience. When you return to the our Website, the information you previously provided can be retrieved, so you can easily use the features that you customized. We also use cookies to track click streams and for load balancing.

If you have set your browser to disable cookies, you may not be able to access certain parts of our Website and it may hinder performance or negatively impact your experience when using our Services. Alternatively, you may be able to modify your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies.

7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in Singapore. If you are accessing our Services from outside Singapore, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information , in Malaysia, and other countries where it is necessary in the course of business for us to disclose and transfer the personal data.

In the event your personal data is transferred outside Malaysia, we will take organisational and technical measures by transferring to those locations where the target location is compliant with data protection legislation or have the same or comparable data protection laws as Malaysia’s PDPA and by means of transfer which have adequate safeguards applied.

8. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than six (6) months past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

If you wish for your data to be erased, kindly write in to us at our email gifted@gift-ed.com and we will promptly delete your data from our database in a timely manner where reasonably possible. Take note that once your data is erased, you may not be able to continue using our Services or any benefits that we offer on our Website. 

9. MANAGEMENT AND SECURITY OF PERSONAL DATA

In short: We take the responsibility of the management and security of your personal data. 

We follow the following key principles of data protection, which require the personal data be:

  • Processed lawfully, fairly and in a transparent manner;

  • Collected for specified and legitimate purposes;

  • Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

  • Accurate and kept up to date, that we take every reasonable step to ensure that personal data that are inaccurate are processed, erased or rectified without unreasonable delay;

  • Kept for no longer than is necessary for the purposes for which the personal data are processed; and

  • Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

In order to protect your personal data against accidental, unlawful or unauthorized access, the Company acting as a data user/controller and data processor, will implement appropriate technical or organisational measures to protect the confidentiality and security of the personal data that we collect and process which may include but not limited to the following:

  1. Online credit card transactions are protected during transit using secured encryption;

  2. Personal data stored on the Websites using third party cloud services are in encrypted form; and

  3. Personal data kept physically are treated with strict procedures and means. 

The Company shall take all reasonable steps to ensure that all personal data and sensitive personal data is destroyed or permanently deleted when no longer required for the above-mentioned Purposes.

10. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at gifted@gift-ed.com.

11. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

You have the following rights in relation to your personal data:

      1. Right to request access and obtain a copy of your personal data: You have the right to request and to receive your personal data, which you have provided to us previously. 

      2. Right to request rectification or correct your personal data: You may request that we rectify any inaccurate, incomplete or outdated personal data concerning yourself. It is your responsibility to ensure that your personal data is accurate, true and kept up to date. If we have disclosed those information to any third parties, we will inform the third parties of your request to rectify your personal data unless this proves impossible or involves disproportionate effort. The third parties should rectify the personal data they hold, however we are not in a position to audit those third parties to ensure that rectification has been done.

      3. Withdrawing your consent to process personal data: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

      1. Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

      2. Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can contact us using the contact information provided below.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. We will consider and act upon any request in accordance with applicable data protection laws. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements. 

      1. Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or our Services. To opt out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at gifted@gift-ed.com.

12. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

13. YOUR ADDITIONAL RIGHTS WITH RESPECT TO YOUR PERSONAL DATA

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information in accordance with the PDPA and to contact us with any enquiries or complaints in respect of your personal data as follows: 

  1. We may charge a prescribed fee for processing your request for access or correction and shall respond within 21 days from the date of data access request; and 

  2. We reserve the right to refuse your request to access and/or make any corrections to your personal data for legitimate reasons and for reasons permitted under the law, taking into account the administrative costs involved to process such request. If we refuse to comply with such request, we will inform you of our refusal and the reason for our refusal. 

If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know

Depending on the circumstances, you have a right to know:

  • whether we collect and use your personal information;

  • the categories of personal information that we collect;

  • the purposes for which the collected personal information is used;

  • whether we sell your personal information to third parties;

  • the categories of personal information that we sold or disclosed for a business purpose;

  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

  • the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

  • You may object to the processing of your personal information.

  • You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information.

  • You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than 21 days from the date of the request submission.

To exercise these rights, you can contact us by visiting https://www.gift-ed.com/contact-us, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

14. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by sending you a notification directly. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

15. CHANGES OR AMENDMENTS TO PRIVACY POLICY

We may change this Privacy Policy from time to time by posting the updated version of the Privacy Policy on our Website and other platforms. We encourage you to visit frequently to stay informed of our most updated version.

16. DISCREPANCIES OR CONFLICTING VERSIONS 

In accordance with Section 7(3) of the PDPA, this Privacy Policy is issued in both English and Bahasa Malaysia. In the event of any discrepancies or inconsistencies arising between the English and Malay versions, the English version shall apply and prevail.

17. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at gifted@gift-ed.com or by post to:

GIFT ED SDN BHD

WeWork Mercu 2, 38-006,

No. 3, Jalan Bangsar, KL Eco City,

Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur 59200,

Malaysia

18. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

You have the right to request access to the personal information we collect from you, update the information, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request form by clicking here.

If you revoke your consent for us to process your Personal Data, we may be unable to continue providing our services to you at the same or expected level of service. We will inform you of the likely consequences of such withdrawal of consent when we receive your notice of revocation of consent.