PRIVACY POLICY

 

The following Privacy Policy outlines how we, Smartoken collect, store, use, process, control, transfer, disclose and protect your Personal Information. this Privacy Policy applies to all our user applications, services, or products (“Application”), unless set out in a Separate Privacy Policy.

 

Please read this Privacy Policy thoroughly to ensure that You understand about our data processing. Unless otherwise defined herein, all capitalized terms used in this Privacy Policy shall have the same meaning assigned to them in the Terms of Use.

 

This Privacy Policy includes the following matters:

 

1. Personal Information we collect

2. Use of Personal Information we collect

3. Supply of Personal Information we collect

4. Storage of Personal Information

5. Access to and correction of Personal Information

6. Place we store your Personal Information

7. Your Personal Information Security

8. Amendment to this Privacy Policy

9. Acknowledgement and consent

10. Marketing and promotion materials

11. Anonymous data

12. Third Party Platform

13. How to contact us

1. PERSONAL INFORMATION COLLECTED

• We collect information identifying or which may be used to identify, contact or find person or device related to the said information ("Personal Information"). Personal Information shall include, but not limited to, name, address, date of birth, occupation, telephone number, email address, bank account and credit card details, sex, identification (including Resident Identity Card, Driver’s License, or Passport) or other identification card issued by the relevant authority, photograph, nationality, user telephone number and non-user Application kami contained in your cellular phone contact list and/or financial information or other relevant information. In addition, for other information, such as personal profile, and/or unique identification number, associated with or incorporated into your Personal Information, the said information shall also be deemed as Personal Information. Personal Information we collect may be given by you directly or by any third party (e.g.: when you register or use the Application, when you contact our customer services, or otherwise when you provide Personal Information to us). We may collect information in various forms and purposes (including purposes permitted by applicable laws).

 

Information we collect from you or your mobile device directly

• When you register and create Account use Application, you must provide us with Certain Personal Information, including name, physical address, email address, and your telephone number. If you use the Application as a service provider, you must provide additional Personal Information to us as part of registration of service provider and your bank account for the purpose of receiving the payment.

• When you use the Application, you must provide us with the relevant information as may be required by us in order for the Application to function, for example:

o If you use the Application as a user, you must provide us with the information according to the type of services you may need.

o If you use the Application as partner/merchant, in order for the Application to function, you must provide us with information related to the services which order you can receive then, and current details, and after order for the services placed by user is received by you as a service provider, you may need to provide to us with other data we need to manage the Application and the relevant ecosystem, and to monitor overall use of Application.

o If you use the Application as a service provider, you must provide information in connection with the type of services you provide including but not limited to information on billings, or other service information which may be used by the user in the Application.

o If you use and/or when payment or transfer is made through electronic money and/or electronic wallet made available by us, if you are a payor, where necessary you shall be required to provide information to us related to the use, payment or transfer, including but not limited to details of transfer and/or payee, amount of payment made, type of payment card used, name of payment card issuer, name of account holder and payment card number.

• Smartoken Application will refer you to the Service provider or Shop that available around your location, allow you to use the Emergency Button/SOS Button feature while you are inside the perimeter and we will capture your location to pick up the order from Merchant on the site and delivering to Resident Location. Accordingly, some of Services cannot be used if you do not activate the location feature.

 

Information collected from third party

 

We may also collect your Personal Information from third party (including agent, vendor, supplier, contractor, partner/merchant, and other party providing services to us, collect Personal Data and/or perform the duty on our behalf, or with whom we cooperate). In such case, we shall only collect your Personal Information or in connection with the Purpose involving any third party or the purpose of our contract with such third party (as the case may be).

 

Information on third party supplied by you to us

• You may provide to us with any Personal Information related to any third party individual (including Personal Information related to your spouse, family members, associates, or other individuals). You shall require their prior consent to do same – see “Acknowledgement and Consent”, below, for further information.

• If you wish to use message feature in our Application, you shall provide our user telephone number stored in your mobile telephone contact list regularly to assist you in using our message feature and other internal purposes.

2. USE OF PERSONAL INFORMATION WE COLLECT

We may use Personal Information collected for the following purposes or for other purposes permitted by applicable laws ("Purpose"):

a. If you are a user, we may use your Personal Information:

• to identify and register you as a user and to administer, verify, deactivate, or manage your Account;

• to facilitate or enable any verification which in our sole discretion is required before the service provider provides the services to you or before we register you as a user, including Know Your Customer process;

• to enable the service provider to render the services you request;

• to process and facilitate order and payment transaction made by you;

• to communicate with you and transmit you the information related to the use of Application;

• to inform you all updates in the Application or change in services as made available;

• to process and respond to questions and suggestions received by you;

• to maintain, develop, test, improve, and personalize the Application to fulfill your needs and preferences as a user;

• to monitor and analyze the activities, behavior, and demographic data of user including habit and use various services available in the Application;

• to offer or provide services from our partners/merchants; and

To provide you with marketing communication, advertisement, survey, and information, in direct or focused manner, and information on Offer or special promotion of a product contracted with us.

b. If you are a partner/merchant or service provider in the Application, we may use your Personal Information:

• to identify you and register you as a service provider and to administer, manage or verify your Account;

• to facilitate or enable any verification which, in our sole discretion, may be required before we register you as a service provider, including KYC process;

• to enable you to provide the services to the user;

• to process, facilitate, and settle the payment to you related to the services rendered by you;

• to communicate with you and transmit information related to the provision of your services, including to deliver user order to you and to facilitate your acceptance of the said order;

• to provide you with notice and update in the Application or change in method of provision of services;

• to provide you with the Report related to the services made available by you;

• to process and respond to suggestions from users in relation to the services rendered by you;

• to maintain, develop, test, improve, and personalize the Application to fulfill your needs and preferences as a service provider;

• to monitor and analyze activities, behavior, and demographic data of user including habit and responsiveness of service provider for various services available in the Application;

• to offer or provide services from affiliates or our partners/merchants;

• to transmit marketing communication, advertisement, promotion, survey, and Special Offer or promotion directly or focused on a product contracted with us.

c. Whether you are a user, partner/merchant or service provider or party disclosing the Personal Information to us, we may also use your Personal Information more generally for the following purposes (though in certain cases we shall act reasonably and shall not use your Personal Information more than as intended for all such purposes):

• to perform the related business process and function;

• to monitor the use of Application and manage, support and improve the efficiency of the performance, development, user experience and functions of Application;

• to provide assistance in connection with and for the purpose of resolving technical difficulties or operational issues with the Application or services;

• to generate statistical information and analytical data for the purpose of testing, research, analysis, product development, commercial partnership, and contract;

• to prevent, detect and investigate all prohibited, illegal or fraudulent activities;

• to enable us to comply with all statutory obligations, (but not limited to respond to request, investigation, or regulations) and audit, due diligence and investigation.

3. SUPPLY OF PERSONAL INFORMATION WE COLLECT

We may disclose or distribute your Personal Information with the affiliates and other party for the following purposes and other purposes permitted by applicable laws:

• If you are a user, to enable service provider, to carry out or provide the services;

• If you are a service provider or partner/merchant, to enable user to request or receive services from you;

• If required or authorized by applicable laws (including but not limited to respond to questions related to regulation, investigation or guidelines, or comply with the legal archival and reporting requirements), for the purposes prescribed by applicable legislations;

• If instructed, requested, required or permitted by the relevant authority, for the purposes set out in the government policy and applicable legislations.

• in the case of legal proceeding of any kind between you and us, or between you and other party, in connection with or related to the services, for the purpose of such legal proceedings;

• in connection with all verification process which, in our sole discretion and that of the service provider, is necessary before we register you as a user, including Know Your Customer process;

• in emergency condition related to your safety (whether you are a user or service provider) for the purpose of mitigating such emergency condition;

• under circumstance related to your health or public interest (whether you are user or service provider), we may distribute your Personal Information to the relevant authority and/or other institution appointed by the relevant authority or contracting with us, for the purpose of tracing contact, support initiative, government policy or program, public health and other purposes as reasonably required;

• in connection with merger, disposal of company’s assets, consolidation or restructuring, financing or acquisition of all or part of our business by or to other company, for the purpose of the said transaction (even if later the transaction is not resumed);

• in connection with the insurance claim, we shall distribute your Personal Information for the purpose of insurance claim process to the insurance company collaborating with us;

• to any third party (including agent, vendor, supplier, contractor, partner/merchant, and other party providing services to us or you, perform the duty on our behalf, or party with whom we enter into commercial contract), or in connection with the Purpose where such third party involved, to make disclosure to any third party as technically required to process your transaction or the purpose of our contract with such third party (as the case may be), which may include permit of such third party to introduce or offer product or services to you, perform authentication with regard to you or connect you with the Account or perform other activities including marketing, research, analysis and product development; and

• If we share the Personal Information with the affiliates, we shall do same with the aim that they will assist us in providing the Application, operating our business (including, when you subscribe our mailing list, for the purpose of direct marketing), or for the purpose of data processing on our behalf. All our affiliates are committed to processing the Personal Information they receive from us in accordance with Privacy Policy and applicable legislations.

• When Personal Information is no longer linked to you, we will use commercial efforts to remove the link of the said Personal information with you as individual prior to the disclosure or distribute the said information.

• We shall not sell or lease out your Personal Information.

• In addition to this Privacy Policy, we may disclose and distribute your Personal Information if we inform you and after we received your consent for disclosure or distribution.

 

4. STORAGE OF PERSONAL INFORMATION

a. Your Personal Information shall only be stored when required to fulfill the Purpose from the collection, or where the said storage is required or permitted by applicable laws. We shall cease storing the Personal Information, or remove the link to the Said Personal information with you as individual, immediately after it is considered that the purpose of the said Personal information is no longer required by storing the Personal Information and storage is not longer required for business or legal purposes.

b. Please note that there may be possibilities that some of your Personal Information is stored by other party and certain governmental institution. If we distribute your Personal Information to the relevant authority and/or other institution appointed by the relevant authority or collaborating with us, you agree and acknowledge that the storage of your Personal Information by the relevant institutions shall comply with data storage policy of each institution. The Information delivered through communication between user and service provider other than through use of Application (such as through telephone call, SMS, cellular message or other means of communication and collection of your Personal Information by our agent) may also be stored in some manners. We do not permit Storage of Personal Information in such manner and we assume no responsibility for such matter. We shall not be responsible for the storage of your Personal Information. You agree to indemnify, defend, and release us, our officers, directors, employees, agents, partners/merchants, suppliers, contractors, and affiliates from and against any and all claims, losses, liabilities, costs, damages, and expenses (including but not limited to attorney fees and full indemnity) caused directly or indirectly from illegal or unauthorized storage of your Personal Information.

 

5. ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

a. Subject to applicable laws, you may request to us to access and/or correct your Personal Information in our possession or under our control, with our contact detail below.

b. We shall have the right to refuse your request to access, or correct, part or all your Personal Information in our possession or under our control if permitted or required by applicable laws. this includes the circumstance where Said Personal information may contain reference to other person or where request to access or request to correct is for the purpose we consider as relevant, not serious, or complicating.

 

6. PLACE WE STORE YOUR PERSONAL INFORMATION

a. Personal Information we collect from you may be stored, transferred, or processed by third party service provider. We shall use all commercial efforts to ensure that all services of the third party provider provide the same degree of protection tingkat to our commitment under this Privacy Policy.

b. Your Personal Information may also be stored or processed outside the your country by the party working with us in other country, or by service of our third party provider, vendor, supplier, partner/merchant, contractor, or affiliates. In such case, we shall ensure that the said Personal information shall be subject to the same level of protection as that required by law in your country (and, in any case, aligned with our commitment in this Privacy Policy).

 

7. YOUR PERSONAL INFORMATION SECURITY

The confidentiality of your Personal Information is of essential matter to us. We shall use best efforts to protect and safeguard the data and your Personal Information from access, collection, use or disclosure by unauthorized persons and from processing in conflict with law, unintentional loss, destruction and damage or similar risk. However, transmission of information through internet is not fully secure. Although we shall exert our best efforts to protect your Personal Information, you acknowledge that we do not warrant the completeness and accuracy of any Personal Information you deliver through Internet, or warrant that the said Personal information shall not be intercepted, accessed, disclosed, amended or destroyed by any unauthorized third party, due to factors beyond our control. You are responsible for maintaining the confidentiality of your Account details, including your password and One Time Password (OTP) with any party and must at all times maintain and assume responsibility for the security of device you use.

 

8. AMENDMENT TO THIS PRIVACY POLICY

We may review and amend this Privacy Policy from time to time, to ensure that this Privacy Policy is consistent with our future development, and/or amendment to laws or regulations. If we decide to amend this Privacy Policy, we shall inform you on the said amendment through public notice in the Application and/or website, or otherwise to your email address as stated in your Account. You agree that you are responsible for reviewing this Privacy Policy regularly for latest information on our data processing and data protection practices, and that you continue to use our application or website, communicate with us, or access and use services upon amendment to this Privacy Policy shall be deemed as your consent to this Privacy Policy as amended.

 

9. ACKNOWLEDGEMENT AND CONSENT

a. By agreeing this Privacy Policy, you acknowledge that you have read and understood this Privacy Policy and agree with all conditions hereof. In particular, you agree and authorize us to collect, use, distribute, disclose, store, transfer, or process your Personal Information subject to this Privacy Policy.

b. In any situation where you provide us with any Personal Information related to other individuals (such as Personal Information related to your spouse, family members, associates, or other party), you declare and warrant that you have obtained consent from such individuals, and agree with the names of the said individuals, collection, use, disclosure and process of their Personal Information by us.

c. You may withdraw your consent for any or all collection, use or disclosure of your Personal Information at any time by giving us written commercial notice use the contact detail mentioned below. You may also revoke the consent for transmission of certain communication and information from us via "opt-out" facility or option "stop subscription" available in our message to You. Relative to the nature of consent you withdraw, you must understand and acknowledge that after the withdrawal of consent, you shall not be able to use the Application or services. Withdrawal of your consent may result in termination of your Account or contractual relationship with us, and all accrued rights and obligations shall be fully met. After receiving such notice to withdraw consent for collection, use or disclosure of your Personal Information, we shall inform you the consequence which may possible arise from such withdrawal so that you may decide whether to continue withdrawing the consent.

 

10. MARKETING AND PROMOTION MATERIALS

We and our partner/merchant may provide you with direct marketing, advertisement, and communication promotion through push-notification, message, post, telephone call, short message service (SMS), and email (“Marketing Materials”) If you have agreed to subscribe our mailing list and/or agree to receive the marketing and promotion materials from us. You may choose not to receive marketing communication at any time by clicking the option “stop subscription” in the relevant message, or contact us through contact detail stated below. Please note that if you choose to quit, we may still send you non-promotion messages, such as receipt or information on your Account.

 

11. ANONYMOUS DATA

We may produce, use, license or disclose Personal Information, available, provided that, (i) that all identifiable matters have been deleted so that the data, whether separate or combines with other data available, cannot be linked to or cannot identify an individual, and (ii) Similar data have been combined so that the original data form part of the larger set of data.

 

12. THIRD PARTY PLATFORM

a. The application, website, and Marketing Materials may contain link to website operated by the third party. We do not control or assume responsibility or liability for this website and collection, use, maintenance, share, or disclosure of data and information by any third party. Please read the terms and conditions and Privacy Policy from such third party website to know how they collect and use your Personal Information.

b. Advertisement contained in our Application, website, and Marketing Materials function as link to advertiser website and accordingly all information collected by them by your click on the link shall be collected and used by the relevant advertiser in accordance with the Privacy Policy of the said advertiser.

 

13. HOW TO CONTACT US

For further inquiries on this Privacy Policy or to access and/or correct your Personal Information, please contact [email protected]

For further inquiries or complaints, you may contact us via email or telephone below:

 

Email: [email protected]