1.2 "Personal Data" or "personal data" means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data could include name, identification number, and contact information.
1.4 This Policy applies in conjunction with other notices, contractual clauses, consent clauses that apply in relation to the collection, storage, use, disclosure, and/or processing of your personal data by us and are not intended to override those notices or clauses unless we state expressly otherwise.
1.5 This Policy applies to buyers who use the Services except where expressly stated otherwise.
2. WHEN WILL JOM PHARMACY COLLECT PERSONAL DATA?
2.1 We will/may collect personal data about you:
(a) when you register and/or use our Services or Site, or open an account with us;
(b) when you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;
(c) when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
(d) when you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms, and emails, including when you interact with our customer service agents;
(e) when you use our electronic services or interact with us via our application or use services on our website. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;
(f) when you grant permissions on your device to share information with our application or Platform;
(g) when you link your JOM Pharmacy webstore account with your social media or other external account or use other social media features, in accordance with the provider’s policies.
(h) when you carry out transactions through our Services
(i) when you provide us with feedback or complaints;
(j) when you register for a contest; or
(k) when you submit your personal data to us for any reason.
The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.
3. WHAT PERSONAL DATA WILL JOM PHARMACY COLLECT?
3.1 The personal data that JOM Pharmacy may collect includes but is not limited to:
• email address;
• date of birth;
• billing address;
• bank account and payment information;
• telephone number;
• information sent by or associated with the device(s) used to access our Services or Platform;
• information about your network and the people and accounts you interact with;
• photographs or audio or video recordings that you share with us;
• government-issued identification or other information required for our due diligence, know your customer, identity verification, or fraud prevention purposes;
• any other information about the User when the User signs up to use our Services or website, and when the User uses the Services or website, as well as information related to how the User uses our Services or website; and
• aggregate data on content the User engages with.
3.2 You agree not to submit any information to us which is inaccurate or misleading, and you agree to inform us of any inaccuracies or changes to such information. We reserve the right at our sole discretion to require further documentation to verify the information provided by you.
3.3 If you sign up to be a user of our Platform using your social media account (“Social Media Account”), link your JOM Pharmacy webstore account to your Social Media Account or use any JOM Pharmacy social media features, we may access information about you which you have voluntarily provided to your Social Media Account provider in accordance with such provider's policies, and we will manage and use any such personal data in accordance with this Policy at all times.
3.4 If you do not want us to collect the aforementioned information/personal data, you may opt-out at any time by notifying our Marketing Team Leader in writing about it. Further information on opting out can be found in the section below entitled "How can you opt-out, remove, request access to or modify information you have provided to us?”. Note, however, that opting out of us collecting your personal data or withdrawing your consent for us to collect, use or process your personal data may affect your use of the Services. For example, opting out of the collection of location information will cause its location-based features to be disabled.
4. HOW DO WE USE THE INFORMATION YOU PROVIDE US?
4.1 We may collect, use, disclose and/or process your personal data for one or more of the following purposes:
(a) to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services;
(b) to manage, operate, provide and/or administer your use of and/or access to our Services and our website, as well as your relationship and user account with us;
(c) to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences;
(d) to tailor your experience through the Services by displaying the content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
(e) to respond to, process, deal with or complete a transaction and/or to fulfill your requests for certain products and services and notify you of service issues and unusual account actions;
(f) to enforce any applicable end user license agreements;
(g) to protect personal safety and the rights, property, or safety of others;
(h) for identification, verification, due diligence or know your customer purposes;
(i) to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
(j) to deal with or facilitate customer service, carry out your instructions, deal with or respond to any inquiries given by (or purported to be given by) you or on your behalf;
(k) to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents, or notices to you, which could involve the disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
(l) to conduct research, analysis, and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyze how you use our Services, to improve our Services or products, and/or to enhance your customer experience;
(m) to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with JOM Pharmacy’s Services;
(n) for marketing and advertising, and in this regard, to send you by various modes of communication marketing and promotional information and materials relating to products and/or services that JOM Pharmacy may be selling, marketing, or promoting, whether such products or services exist now or are created in the future. You can unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies;
(o) to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, or where we have a good faith belief that such disclosure is necessary including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on JOM Pharmacy or on its related corporations or affiliates (including where applicable, the display of your name, contact details, and company details);
(p) to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
(q) to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
(r) to audit our Services or JOM Pharmacy's business;
(s) to prevent or investigate any actual or suspected violations of fraud, unlawful activity, omission, or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us.
(t) to respond to any threatened or actual claims asserted against JOM Pharmacy or other claims that any Content violates the rights of third parties
(u) to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
(v) to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves JOM Pharmacy as a participant or involves only a related corporation or affiliate of JOM Pharmacy as a participant or involves JOM Pharmacy and/or anyone or more of JOM Pharmacy's related corporations or affiliates as the participant(s), and there may be other third-party organizations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal, or financing of an organization or a portion of an organization or of any of the business or assets of an organization; and/or
(w) any other purposes which we notify you of at the time of obtaining your consent. (collectively, the “Purposes”).
4.3 As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.
5. HOW DOES JOM PHARMACY PROTECT AND RETAIN CUSTOMER INFORMATION?
5.1 We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can inevitably be no guarantee of absolute security.
6. DOES JOM PHARMACY DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS TO OUTSIDE PARTIES?
6.1 In conducting our business, we will/may need to disclose your personal data to our third-party service providers, agents and/or our affiliates or related corporations, and/or other third parties, whether sited in Malaysia or outside of Malaysia, for one or more of the above-stated Purposes. Such third-party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, without limitation:
(a) our subsidiaries, affiliates, and related corporations;
(b) contractors, agents, service providers, and other third parties we use to support our business. These include but are not limited to those parties which provide administrative or other services to us such as mailing houses, logistics service providers, financial services providers, telecommunication companies, information technology companies, and data centers;
(c) a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of JOM Pharmacy’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by JOM Pharmacy about our Service Users is among the assets transferred; or to a counterparty in a business asset transaction that JOM Pharmacy or any of its affiliates or related corporations is involved in; and
(d) third parties to whom disclosure by us is for one or more of the Purposes and such third parties would, in turn, be collecting and processing your personal data for one or more of the Purposes
6.2 This may require, among other things, for us to share information including statistical and demographic information about our Users and information about their use of the Services with suppliers of advertisements and programming
6.3 For the avoidance of doubt, in the event, that Privacy Laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.
6.4 Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse, or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however, there can inevitably be no guarantee of absolute security such as but not limited to when unauthorized disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.
7. INFORMATION ON CHILDREN
The Services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 13 nor is any part of our Site or other Services directed to children under the age of 13. As a parent or legal guardian, please do not allow such children under your care to submit personal data to JOM Pharmacy. In the event that personal data of a child under the age of 13 in your care is disclosed to JOM Pharmacy, you hereby consent to the processing of the child's personal data and accept and agree to be bound by this Policy on behalf of such child. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted without any parental consent by any child under the age of 13.
8. INFORMATION COLLECTED BY THIRD PARTIES
8.2 We, and third parties, may from time to time make software applications downloads available for your use on or through the Services. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your computer's IP Address, or other information such as any cookies that you may previously have installed or that were installed for you by a third-party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third-party products or services provided through these applications are not owned or controlled by JOM Pharmacy. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.
9. DISCLAIMER REGARDING SECURITY AND THIRD-PARTY SITES
9.1 WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD-PARTY SITES. 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.
9.2 In an attempt to provide you with increased value, we may choose various third-party websites to link to, and frame within, the Site. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third-party websites (even if offered on or through our Site) may not be received by us.
9.3 We, therefore, have no responsibility or liability for the content, security arrangements (or lack thereof), and activities of these linked sites. These linked sites are only for your convenience and you, therefore, access them at your own risk. Nonetheless, we seek to protect the integrity of our Site and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).
10. WILL JOM PHARMACY TRANSFER YOUR INFORMATION OVERSEAS?
Your personal data and/or information may be transferred to, stored, or processed outside of your country. JOM Pharmacy will only transfer your information overseas in accordance with Privacy Laws.
11. HOW CAN YOU WITHDRAW CONSENT, REQUEST ACCESS TO OR CORRECT INFORMATION YOU HAVE PROVIDED TO US?
11.1 Withdrawing Consent
11.1.2 Once we have your clear withdrawal instructions and verified your identity, we will process your request for withdrawal of consent, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request. If we are unable to verify your identity or understand your instructions, we will liaise with you to understand your request.
11.1.3 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 providing the Services to you, we may need to terminate your existing relationship and/or the contract you have with us, etc., as the case may be, which we will inform you.
11.2 Requesting Access and/or Correction of Personal Data
11.2.1 If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control through the Account Settings page on the Site.
11.2.2 For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where we are unable to respond to you within the said 30 days (or, if you are resident in Malaysia, 21 days), we will notify you of the soonest possible time within which we can provide you with the information requested. Note that Privacy Laws may exempt certain types of personal data from being subject to your access request.
11.2.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will:
(a) correct your personal data within 30 days (or, if you are resident in Malaysia, 21 days). Where we are unable to do so within the said period, we will notify you of the soonest practicable time within which we can make the correction. Note that Privacy Laws may exempt certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and
(b) we will send the corrected personal data to every other organization to which the personal data was disclosed by us within a year before the date the correction was made, unless that other organization does not need the corrected personal data for any legal or business purpose.
11.2.4 Notwithstanding subparagraph (b) immediately above, we may, if you so request, send the corrected personal data only to specific organizations to which the personal data was disclosed by us within a year before the date the correction was made.
11.2.5 We will/may also be charging you a reasonable fee for the handling and processing of your requests to access your personal data. If we so choose to charge, we will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
11.2.6 We reserve the right to refuse to correct your personal data in accordance with the provisions as set out in Privacy Laws, where they require and/or entitle an organization to refuse to correct personal data in stated circumstances.
12. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US
12.1 If you have any questions or concerns about our privacy practices or your dealings with the Services, please do not hesitate to contact: email@example.com
12.2 If you have any complaint or grievance regarding how we are handling your personal data or about how we are complying with Privacy Laws, we welcome you to contact us with your complaint or grievance.
Please contact us through email with your complaint or grievance:
E-mail to firstname.lastname@example.org and Attention it to the "Marketing Team Leader".
12.3 Where it is an email or a letter through which you are submitting a complaint, your indication at the subject header that it is a Privacy Law complaint would assist us in attending to your complaint speedily by passing it on to the relevant staff in our organization to handle. For example, you could insert the subject header as “Privacy Complaint”.
We will certainly strive to deal with any complaint or grievance that you may have fairly and as soon as possible.
Last updated: 20 April 2021