Privacy Policy
Introduction
- We, ezAUTO Distribution Sdn. Bhd. (Registration No.: 201901044438 (1353768-H)), (hereinafter referred to as “ezAUTO”, “Company”, “we”, “us”, or “our”) and other members of ezAUTO Group (as hereinafter defined) value privacy and we are committed to protecting all personal data provided to us and processed by us, in accordance with the Personal Data Protection Act 2010 (as may be amended from time to time, hereinafter referred to as the “Act”). This privacy policy (“Privacy Policy”) is issued by ezAUTO with respect to the provision of Services (as hereinafter defined) by the Company and applies to all entities within the ezAUTO Group.
- The Services, Platform and [Applications] (all, as defined hereinbelow) are owned and operated by ezAUTO, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- For the purpose of this personal data policy, unless the context requires otherwise, the terms “personal data” and “processing” shall have the meaning prescribed in the Act.
- This Privacy Policy describes our gathering, storing, dissemination and processing practices in respect of personal data of individuals through your use of or access to our Platform and all content, products, services, trainings and functionality available at or through the Platform.
- Please read this Privacy Policy to understand how we use and process the personal data we have collected or may collect from you.
- By accessing and using the [Applications] and/or Platform, providing your personal data, applying for, registering and/or subscribing for any of our Services, you are deemed to have read and consented to be bound by this Privacy Policy and the collection, use, access, transfer, storage and processing of your personal data described in this Privacy Policy as may be modified or updated from time to time by us.
- Any changes to this Privacy Policy will be updated to the Platform. Any such revised Privacy Policy will continue to apply to all personal data that has previously been collected as well as information that has been stored or processed on an ongoing basis by us. Therefore, you are encouraged to check our Platform on a regular basis for any updates or changes to the Privacy Policy.
- If you are a firm, corporation or entity supplying personal data of your partners, directors, shareholders, employees, officers and/or other persons to us, please do ensure that you have obtained their consent and bring this Privacy Policy to their attention.
- This Privacy Policy is issued in the English and Malay languages. In the event of any inconsistency between these two versions, the English version shall prevail.
Definitions
"Application"
refers to any of our html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to
users by us;
"ezAUTO Group"
includes ezAUTO (using whatever trading names as it considers appropriate for its business and marketing purposes), ezAUTO Asia Sdn. Bhd. (Registration No.: 201901020634 (1329963-U)), ezAUTO Car Trading Sdn. Bhd. (Registration No.: 201901036969 (1346299-H)) and any subsidiary, affiliate, associate company and any company which has a strategic or operational partnership agreement with the Company;
"Platform"
means www.ezauto.my or such website or any other mobile application to provide Services, but does not include any website or mobile application owned or operated by a third party that may be accessed from any page on www.ezauto.my or mobile application;
"Services"
means online automotive platform that allows prospective buyers to research, compare and purchase vehicle(s) listed on the Platform and other services made available by ezAUTO Group; and
“You”, “user” or “customer”
means the person who accesses or uses to the Services, and, if authorized and applicable, the entity on whose behalf any person accesses, uses or subscribes to the Services and shall be construed accordingly.
Privacy Statement Explanation
This Privacy Policy sets out what kind of personal data is being processed, including but not limited to:
(a) the purposes for which the personal data is being or is to be collected and further processed;
(b) the source of that personal data;
(c) your right to request access and correction of your personal data and how to contact us with any inquiries or complaints in respect of the personal data;
(d) the persons to whom we disclose or may disclose your personal data;
(e) the choices and means that you may limit the processing of your personal data, including personal data relating to other persons who may be identified from that personal data;
(f) whether it is obligatory or voluntary for you to supply the personal data; and
(g) where it is obligatory for you to supply the personal data, the consequences to you if you fail to supply the personal data.
Type of Personal Data
- Personal data refers to all information that relates directly or indirectly to you and/or your transactions with us, including any sensitive personal data and expression of opinion about you. Sensitive personal data refers to any personal data as to your physical or mental health or condition, your political opinions, your religious beliefs or other beliefs of a similar nature, the commission or alleged commission by you of any offence or any other personal data as may be determined by law from time to time.
- The personal data collected by us may include but is not limited to the following
(a) Information you provide to us through using the Platform or through another remote channel or sent to us physically
(i) Personal Information from you, such as your first and last name, profile picture, photos or avatar, gender, age, ethnicity, marital status, educational level, interests, hobbies, precise location-based information, e-mail and mailing addresses, credit and references check, income, phone numbers, device ID numbers, and passwords provided by you when you create an account for the Platform and/or Application, and any other information you directly give us through the Platform and/or Application (including, but not limited to messages that you send through the Platform and/or Application).
(ii) Information about your interactions on the Platform and/or Application including, your engagement with particular dealers and/or the end users, and the vehicles and services you have sold and/or purchased.
(iii) Information necessary to complete a transaction through the Platform and/or Application, including your name, company name, company information, credit and references check, financial position and shipping information where applicable.
(iv) Information such as files and messages that you store using the Platform and/or Application.
(v) Billing information such as your credit card information and bank account details.
(vi) Information from written communications when you provide us feedback or contact us e.g. your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
(b) Information collected by technology via the Platform and/or Application.
(i) Information from you, including your web browser type, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, user profiles, and/or a date/time stamp for your visit, and, with respect to your mobile phone, the unique device identifier.
(ii) Information from third party service providers, with your consent, which may include your profile content or other types of personally identifiable information.
(iii) Cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Platform. Persistent Cookies can be removed by following web browser’s directions.
(iv) Information from corresponding technologies used in connection with mobile phones, including your device identifier, to record date, time, search and viewing information related to your mobile phone.
(v) Information about how you use and interact with the Platform and the services via third party analytics services which may use Cookies to gather information such as the pages you visited, your IP address, a date/time stamp for your visit and the sites that redirected you to the Platform.
(c) Information from third parties or other sources which you have given your consent to disclose information relating to you and/or where not otherwise restricted.
3. If need arises, we will obtain explicit consent from you to process sensitive personal data. We may however process personal data without your consent in limited circumstances as permitted by law.
Use Of Personal Data
We may collect and process personal data from you or from the third parties, either to respond to requests that you make, or to aid us in serving you better, for one or more of the following purposes:
(a) to verify, ascertain and establish your identity and background;
(b) to process application for Services requested by you;
(c) to facilitate the creation of and secure your account opening on the Platform;
(d) to provide you with the information and/or services you have requested from the Platform;
(e) to send you a welcome e-mail and to verify ownership of the e-mail address provided when your account with us was created;
(f) to assess and process your applications for our products and/or services;
(g) to facilitate and fulfil the transactions between you and us;
(h) to send you administrative e-mail notifications, such as security or support and maintenance advisories;
(i) to administer and manage our Services;
(j) all purposes related to or in connection with the provision of our products and/or Services;
(k) to notify users about updates to our Services;
(l) to promote the services, products or special offers of merchants whose products and services we think may be of interest to you;
(m) to improve and customize the quality of experience when you interact on the Platform;
(n) to send offers and promotional materials related to the Platform and for other marketing purposes;
(o) in the event there is any default or failure to keep your obligations, we may inform any relevant credit reporting agencies or credit reference agencies to record such information against your credit profile;
(p) to track user-specific information on what pages users’ access or visit;
(q) for our day-to-day operations and administrative purposes including account management, billing and collection, audits, reporting and investigations;
(r) to assess and/or verify credit worthiness;
(s) to investigate, process and resolve any service issues, complaints, communications or other enquiries that you may submit to us regarding the Services, Platform and/or Application;
(t) to collect any debt due or owing to us and enforce your obligations to us;
(u) to maintain records required for security, claims or other legal purposes;
(v) to detect and prevent fraudulent activity;
(w) to comply with legal and regulatory requirements for any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities;
(x) for security and internal audit purposes;
(y) to perform contracts with third parties;
(z) to verify the accuracy of the information or data provided by you with third parties;
(aa) to facilitate our business, financial and risk monitoring and decision making;
(bb) for such other purposes as may be directed or consented to by you;
(cc) for the purpose of record-keeping in the ordinary course of our business; and
(dd) for all other purposes in relation to or incidental to the above and the transactions on the Platform and/or Application.
Disclosure Of Personal Data
- We will process personal data for the purposes stated in Clause 5 above and may disclose to the following third parties:
(a) personnel, employees, agents, advisers, auditors, contractors and service providers to the extent reasonably necessary for the provision and maintenance of the Services or in connection with any of our business operations;(b) our subsidiaries and affiliates, including but not limited to the directors, officers, agents, dealers, brokers and representatives;
(c) any person, companies and/or organisations that assist us in processing and/or otherwise fulfilling transactions and providing you with Services that you have requested;
(d) companies, corporations and/or entities that act as our service providers, gateway providers, agents, contractors and/or professional advisers;
(e) any credit reporting agencies, credit information bureau, rating agencies, credit reference agencies, insurer provider or insurer broker, bank or financial institution and in the event of default, to debt collection agencies and/or other parties that assist with debt recovery functions;
(f) our auditors, legal advisors and compliance professionals;
(g) law enforcement agencies, government agencies and/or to detect, prevent, or otherwise address fraud, security or technical issues;
(h) our business partners and other parties for purposes that are related to the purpose of collecting and using your personal data set out in this Privacy Policy;
(i) any actual or proposed assignee or transferee of all or any part of our rights or obligations under any transaction between us and you; and/or
(j) we will also share your personal data with other parties, companies, organizations or individuals outside us when we obtain your consent to do so subject at all times to any laws (including regulations, guidelines and/or obligations) applicable to us.
- We shall be entitled to retain all data and information supplied by you in compliance with this Privacy Policy and/or the terms and conditions of your agreements for the use and access of the Platform, Application and/or Services, for the duration of your relationship with us and for such period as may be necessary to protect our interests as may be deemed necessary, where otherwise required by the law or relevant regulation.
Security Of Personal Data
We undertake to store, protect and process your personal data in a secure manner by maintaining physical, electronic and procedural safeguard in compliance with the Act. However, you agree and acknowledge that there is no data transmission over the internet can be guaranteed to be completely secure. Despite the foregoing commitment to you, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our Platform and/or Application. All such transmission of information is carried out at your own risk. However, once we receive your transmission, we will make reasonable efforts to ensure its security in our systems.
Cookies
- We use “cookies”, where a small data file is sent to your browser to store and track information about you when you enter the Platform. The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred sites. While this cookie can tell us when you enter the Platform and which pages you visit, it cannot read data off your hard disk.
- We may process and/or otherwise use information collected from cookies and other technologies, to improve the user experience and the overall quality of the Platform. You may set your browser to block all cookies, including cookies associated with the services on the Platform, or to indicate when a cookie is being set by us. However, it is important to remember that many of the services on the Platform may not function properly if your cookies are disabled.
- Like many web site operators, we also use the independent companies to measure and analyse the internet usage across the Platform and Application. This aggregate, non-personal data is collected by such independent companies provided to us to assist in analysing the usage of the Platform.
- We also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of the service of providing internet session management and for security purposes.
Request and Access of Personal Data
- You shall provide and maintain accurate, complete and current data required to register with us. You represent and warrant that all information furnished to us from time to time is true, up to date, accurate validly issued and legally binding on you.
- You may request access to and correction of your personal data such as name, e-mail address, birthday, address and contact number by submitting a request to us via one of the following methods:
Contact No.: +60125231636
Email address: admin@www.ezauto.my
Office address: 15, Jalan Penguasa A U1/53A, Kawasan Perindustrian Temasya, 40150 Shah Alam, Selangor - We may request additional information and/or supporting documents from you before making the correction. We may withhold the correction request in such case where we are unable to confirm your identity. Upon receipt of your request and supporting documents for correction of your personal data, we will take reasonable steps to rectify the personal data which is inaccurate, incomplete and not up-to-date unless we consider there are justifications for refusing to comply with your request.
- You will be liable for any loss that results from any failure to notify us of such a change as a result of undue delay, your gross negligence or fraud. Where you fail to inform of any change in its address, we shall be discharged from all liabilities upon sending of any notice or document to the last known address.
- In the event you may need to provide us with personal data relating to third parties (e.g. spouse or where you are the designated person in charge (from an organisation or company) for dealing with us, if you are acquiring and are responsible for a service and/or product that they will use), you confirm that you have obtained their consent or otherwise entitled to provide their personal data to us and for us to use accordingly, and have informed them to read this Privacy Policy. It is our assumption that such information is accurate, up to date and complete.
- We reserve the right at any time to satisfy ourselves as to your identity and personal details provided including for the purposes of preventing fraud and/or money laundering and pending verification, we may withhold your access to your personal data. In addition, at the time of your application or at any time in the future, you authorise us to perform identity verification checks directly or using relevant third parties.
- We aim to maintain and protect the information from accidental or malicious destruction. Because of this, after you correct, change or update information, we may not immediately delete residual copies from our active servers and may not remove information from our systems.
Limiting Processing
- Whenever we send you any information, we will include instructions on how to unsubscribe and a link to do so. If you do not wish to receive further information of a similar nature and/or any information of any kind from us at all, you may directly unsubscribe from this feature in the user settings.
- Where indicated (e.g. on the Platform and/or Application, registration/application forms or any other documents furnished by us to you), it is obligatory to provide your personal data to us to enable us to process your application for our Services. Should you decline to provide such obligatory personal data, we may not be able to process your application or provide you with our Services.
Links to other applications and websites
Our Platform and/or Application may contain links to another website(s) or applications operated by third parties (“Third Party Sites”). We do not control over the Third Party Sites and assumes no responsibility for their content or privacy policies and/or statements. Therefore, you should carefully review the privacy policy and/or statements and the terms and conditions that apply to any Third Party Sites you access from the Platform. You hereby irrecoverably agree to waive any claim against us with respect to the Third Party Sites.
Transfer of your personal data outside Malaysia
It may be necessary for us to transfer your personal data outside Malaysia if any of our service providers or strategic partners (“overseas entities”) who are involved in providing part of our services are located in countries outside Malaysia or if you use the services from a country other than Malaysia. You consent to us transferring your personal data outside Malaysia in these instances. We shall take reasonable steps to ensure that any such overseas entities are contractually bound not to use your personal data for any reason other than to provide the services they are contracted by us to provide and to adequately safeguard your personal data.
Rights to make changes
- We reserve the right at any time and at its sole discretion to revise, change, alter or vary the contents of the Platform and/or terms and conditions of use and/or the Privacy Policy as herein contained. The continued use of the Platform, Application and/or our Services following any such revision, change, alteration of variation shall constitute the acceptance of, and agreement to be bound by such revision, changes, alteration and/or variation.
- Should you have any query in relation to this Privacy Policy or how we handle your personal information, kindly contact us via one of the methods provided in this policy.
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EZAUTO reserves the right at any time and at its sole discretion to revise, change, alter or vary the contents of our website and/or terms and conditions of use and/or the Privacy Statement as herein contained. The continued use of the website following any such revision, change, alteration of variation shall constitute the acceptance of, and agreement to be bound by such revision, changes, alteration and/or variation.
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EZAUTO reserves the right at any time and at its sole discretion to revise, change, alter or vary the contents of our website and/or terms and conditions of use and/or the Privacy Statement as herein contained. The continued use of the website following any such revision, change, alteration of variation shall constitute the acceptance of, and agreement to be bound by such revision, changes, alteration and/or variation.
