1. As used in this Notice: "customer" (“you” or “your”) means an individual who (a) has contacted C&F through any means to find out more about any goods or services C&F provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and "personal data" means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which C&F have or are likely to have access.
2. Depending on the nature of your interaction with us, some examples of personal data which C&F may collect from you include your contact information such as:
(a) name, title, address;
(b) telephone number;
(c) email address and online passwords;
(d) records of communications with C&F;
(e) market surveys and contests conducted by C&F;
(f) video footage that identifies individuals (including CCTV footage);
(g) website usage information;
(h) financial information such as credit card numbers or debit card numbers.
3. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
4. C&F generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your "authorised representative") after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. C&F shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
5. C&F may collect and use your personal data for any or all of the following purposes:
(a) performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
(b) verifying your identity;
(c) responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
(d) conducting, improving, maintaining and developing a business relationship with you;
(e) processing payment or credit transactions;
(f) sending you marketing information about our goods or services (including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions);
(g) administering contests or market surveys conducted by C&F;
(h) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
(i) any other purposes for which you have provided the information;
(j) transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Malaysia or abroad, for the aforementioned purposes; and
(k) any other incidental business purposes related to or in connection with the above.
6. C&F may disclose your personal data: (a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or (b) to third party service providers, agents and other organisations C&F have engaged to perform any of the functions listed in clause 5 above for us.
7. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
WITHDRAWING YOUR CONSENT
8. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in email to our Customer Service Team at firstname.lastname@example.org.
9. Upon receipt of your written request to withdraw your consent, C&F may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, C&F shall seek to process your request within ten (10) business days of receiving it.
10. Whilst C&F respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, C&F may not be in a position to continue providing our goods or services to you and C&F shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.
11. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclosure without consent is permitted or required under applicable laws.
ACCESS TO AND CORRECTION OF PERSONAL DATA
12. If you wish to make (a) an access request for access to a copy of the personal data which C&F hold about you or information about the ways in which C&F use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which C&F hold about you, you may submit your request via email to our Privacy & Data Protection Officer at email@example.com.
13. Please note that a reasonable fee may be charged for an access request. If so, C&F will inform you of the fee before processing your request.
14. C&F will respond to your request as soon as reasonably possible. Should C&F not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If C&F are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
PROTECTION OF PERSONAL DATA
15. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, C&F have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
16. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, C&F strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
ACCURACY OF PERSONAL DATA
17. C&F generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Privacy & Data Protection Officer via email at firstname.lastname@example.org.
RETENTION OF PERSONAL DATA
18. C&F may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
19. C&F will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
USING OUR WEBSITE
20. C&F may record anonymous information when you visit the C&F website or use an application on the C&F website, such as IP address (where not used to identify a specific individual), time, date, referring URL, pages accessed and documents downloaded, type of browser and operating system.
21. C&F also uses “cookies”. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal data. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the C&F website, but may be limited in the use of some of the features.
22. The C&F websites may contain links to or from other websites. C&F is not responsible for the privacy practices of other websites. This Notice applies only to the information we collect on the C&F website. We encourage you to read the privacy policies of other websites you link to from C&F’s website.
23. C&F may enable you to establish, a username and password associated with an account on the C&F website. If so, you are responsible for any activity that occurs under your account, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information.
24. Your privacy is important to us. We put in place reasonable security arrangements to protect your privacy and personal information, in such manner and to such extent as we deem reasonably appropriate to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. However, there is no such thing as "perfect security" and we do not guarantee in any way, and you should not expect, that your personal information or private communications will always remain private and/or safe from any abuse or misuse by third parties.
25. Please note that all payments are processed through secure connections via Omise or PayPal and as such no credit/debit card information or PayPal login details is collected or stored by C&F. Secure connections are encrypted using industry standard cryptography.
26. C&F use such procedural and technical safeguards as we deem reasonably necessary to protect your privacy and to protect your personal information against loss, theft and unauthorised access, collection, use, disclosure, copying, modification or disposal. Such safeguards include but are not limited to the use of encryption, firewalls and Secure Socket Layer technology. We will also employ the appropriate security techniques to reasonably protect data against loss, theft, and unauthorised access, collection, use, disclosure, copying, modification or disposal by users inside and outside C&F.
27. C&F protects the personal information it collects in a secure database with online account passwords stored in salted cryptographic hash form. C&F employees are required, as a condition of their employment, to treat personal information held by C&F as confidential, and to maintain the confidentiality of that personal information.
28. As "perfect security" does not exist, C&F does not represent or warrant that there will not be, and hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any information held or maintained by us.
29. Any data destroyed is disposed of in a manner that protects the privacy of personal data in an appropriate manner and we do not tamper with customers' browsers or computers without obtaining prior permission.
TRANSFERS OF PERSONAL DATA OUTSIDE OF MALAYSIA
30. C&F generally do not transfer your personal data to countries outside of Malaysia. However, if C&F do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
DEALING WITH UNSOLICITED INFORMATION AND UNSOLICITED EMAILS
31. C&F takes all reasonable steps to ensure that all unsolicited information is destroyed immediately. We will endeavour to prevent unsolicited e-mail from being relayed as we never send unsolicited or spam e-mail. If you receive an unsolicited e-mail with a domain of our website, please inform us at email@example.com immediately so that we can track down the offender and take any actions, legal or as is appropriate, to stop such spam messages.
PROTECTION OF CHILDREN’S PERSONAL DATA
32. C&F has no intention of collecting the data of children under the age of 18. Anyone seeking to create an account on the C&F website must therefore be at or above the age of 18 and they are deemed to be so.
33. C&F does not collect sensitive information without the individual’s consent and unless it is specifically relevant and necessary for C&F’s primary purposes of conducting, improving, maintaining and developing a business relationship. All sensitive information is collected and used in accordance with this Notice. C&F does not use government identifiers (e.g. tax file numbers) to identify individuals.
34. You acknowledge that all information and content on this website, including but not limited to its ‘look and feel’, trademarks, logos, text, photographs, graphics, videos, text, images and other materials are the property of C&F and protected by copyrights, trademarks, or other proprietary rights as enshrined in the applicable laws.
35. Except as required by applicable law, no content or any content of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
36. C&F respect the intellectual property rights of others. If you believe that your materials have been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org. We reserve the right to remove materials in violation of this Notice without prior notice and at our sole discretion.
DATA PROTECTION OFFICER
37. You may contact our Privacy & Data Protection Officer via email at email@example.com if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request.
EFFECT OF NOTICE AND CHANGES TO NOTICE
38. This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
39. C&F may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
PRIVACY & DATA PROTECTION OFFICER
Cat & the Fiddle Malaysia
G-G-1, Block G,
Parklane Commercial Hub,
47301 Petaling Jaya,
Updated 24 February 2023