2 Collection, Processing and Other Usage of Personal Data
2.1 “Personal Data” means information about you, whether such information directly or indirectly relates to you, which you have provided to PINGSPACE or have allowed to be obtained by PINGSPACE, including, without limitation, your name, address, nationality, date of birth, NRIC number, driving license particulars, vehicle particulars, email address, telephone number, fax number, bank details, credit card details, gender, condition of your physical or mental health, political opinions, religious beliefs or beliefs of a similar nature, the commission or alleged commission by you of any offence, your occupation, photograph(s), or any proof of identity or information which may identify you, your partner, spouse or family member(s), that has been or may be collected, stored, used and processed by PINGSPACE from time to time.
2.2 In addition to the Personal Data you provide to PINGSPACE directly (for example, during your communications with PINGSPACE, provide services to PINGSPACE and/or when you engage PINGSPACE for PINGSPACE services), PINGSPACE may also collect your Personal Data from a variety of sources, including, without limitation, at any events organised or sponsored by PINGSPACE and/or from the cookies or other browsing data collected via the PINGSPACE website, PINGSPACE App or other platform.
2.3 The provision of your Personal Data is voluntary. However, if Personal Data is not supplied, or is not satisfactory to us, PINGSPACE may not be able to (a) communicate with you; (b) provide you the services you require, (c) fulfil our contractual obligations with you; or (d) provide you with access to certain sections of the PINGSPACE App or website.
3. Purposes of Processing
3.1 PINGSPACE may use and process your Personal Data for purposes relating to its business, transportation, delivery of goods or services, logistics, communications, payments, financial services and other activities of PINGSPACE and the PINGSPACE network which shall include, without limitation, the following (“Purposes”):
3.2 Where you are an actual or potential purchaser of products on our online store/platform:
to process, manage, verify and complete transactions with you;
to fulfil our contractual obligations;
to allow you to browse and use the services offered on the PINGSPACE App, our website or other platform, features or other services, regardless of whether or not you are a registered user on the same;
(d) to deliver on any transactions you have requested;
(e) where you have requested to, or have actually, downloaded and used the PINGSPACE App, or any other PINGSPACE applications, to process your request, to deliver the PINGSPACE App to you and to provide you a licence for the use of the PINGSPACE App;
(f) to process, manage or verify any application by you for subscription to the PINGSPACE network and to provide you the benefits offered to subscribers;
(g) to validate your bookings and process payments relating to any services you have requested;
to communicate with you, including, without limitation, to provide response(s) to you (which may be automated), calculate estimates, and to provide you with assistance in relation to our services;
(j) to process your Personal Data for marketing and market research purposes, or to involve you in other commercial or promotional campaigns, and to send you newsletters relating to any products or services offered by us, which may be in partnership with third parties; and
(k) to manage relations with PINGSPACE’s third-party service providers,
3.3 Where you are a Despatcher (person picking up and delivering goods ordered by purchaser), PINGSPACE’s agent, merchant, vendor, supplier, partner, contractor or service provider:
(a) to process, manage, verify and complete transactions with you;
(b) for the purposes of engaging you to provide services or in order to fulfil our contractual obligations with you;
(c) to allow you to browse and use the services offered on the PINGSPACE App, our website or other platform, features or other services, regardless of whether or not you are a registered user on the same;
(d) where you have requested to, or have actually downloaded and used the PINGSPACE App, or any other PINGSPACE applications, to process your request, to deliver the PINGSPACE App to you and to provide you a licence for the use of the PINGSPACE App;
(f) to facilitate or enable any checks and other requirements as may be required by PINGSPACE in order to engage you;
(g) to process payments relating to any products or services you have provided;
(h) to provide personalised feedback to you, so that you are able to identify specific areas for improvement;
(i) to assess safety and quality;
(j) to communicate with you in relation to the provision of our or your services;
(k) to use your personal data for marketing and market research purposes, or to involve you in other commercial or promotional campaigns, and to send you newsletters relating to any products or services offered by us, which may be in partnership with third parties; and
(l) to manage relations with PINGSPACE’s customers, users of PINGSPACE’s website, the PINGSPACE App or other platforms, or other third-party service providers,
(a) to analyze and improve our services, or to guarantee the quality of our services;
(b) to respond to your requests, complaints, or other communications;
(d) for management and control of our internal activities, including, without limitation, administrative purposes, such as auditing, data analysis, and database records;
(e) to direct market our products and/or services to you;
(f) for purposes of detection, prevention and prosecution of any crime, offence, or illegal activity;
(g) to comply with any contractual, regulatory, statutory or legal obligation imposed on us by any relevant authority including accounting and tax obligations, and product warranties;
(h) to manage insurance risk;
(i) to manage the loss and/or destruction of data, or unauthorized use of or access to data;
(j) to publish on PINGSPACE channels any images or videos made during promotional or other public events; and
(k) to exercise our right to take legal action or furnish evidence or other information in relation to any legal matter,
3.5 Please note that if you communicate your withdrawal of your consent to our use, disclosure or processing of your Personal Data for the purposes and in the manner as stated above, or request the deletion or anonymity of personal data, we may not be in a position to continue to provide our products or services on our online platform to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide the services to, or perform our contract with you.
4. Storage and Retention of Personal Data
4.1 PINGSPACE may engage other companies, service providers or individuals to perform functions on PINGSPACE’s behalf, in Malaysia or in any other country, and consequently may provide access or disclosure to your Personal Data to the third parties such as those listed below (this list is not exhaustive), who may store, use, collect, share and/or otherwise process your Personal Data:
(a) parent companies, subsidiaries and/or affiliate companies of PINGSPACE;
(b) authorised agents, distributors, suppliers, contractors and third-party service providers of PINGSPACE for any of the Purposes contemplated at Clause 3 above;
(c) storage facility providers;
(d) external professional advisors and auditors, including, without limitation, banks, credit institutions, lenders, operators of centralized information systems, insurance companies and consultants; and/or
(e) governmental departments and authorities.
4.2 PINGSPACE stores your Personal Data either in hard copies in our offices or in servers located in Malaysia or outside Malaysia. It may be necessary to transfer your Personal Data to third-party service providers based or located, partly or wholly, outside Malaysia. By continuing usage of PINGSPACE App, website or services of PINGSPACE or PINGSPACE network, or without any notice by you to prevent such transfers, you hereby consent to such transfer.
4.3 PINGSPACE will retain any Personal Data supplied by you as long as necessary for the fulfilment of the Purposes stated in Clause 3 above or as is required to satisfy legal, regulatory, or accounting requirements or to protect our interests.
4.5 Save and except as provided in Clause 5 below, we do not offer any online facilities for you to amend or remove your Personal Data held by us.
5. Access & Correction Requests and Inquiries
5.1 Subject to any exceptions under the PDPA, you may at any time hereafter request for access to, or for correction or rectification of your Personal Data (including personal data relating to other persons who may be identified from your Personal Data) or limit the processing of your Personal Data (including personal data relating to other persons who may be identified from your Personal Data), or seek further information from PINGSPACE by contacting:
PINGSPACE SDN. BHD.
(Company No. 1244697-W)
Data Protection Officer
Plot 18 & 19, Medan Bayan Lepas, Bayan Lepas Industrial Park, 11900 Penang
5.2 Any individual who intends to exercise the abovementioned rights shall make a written request to PINGSPACE together with the prescribed fee as applicable (such fee shall be solely and finally determined by PINGSPACE from time to time). PINGSPACE shall, subject to exemptions, comply with the request and/or take reasonable steps not later than twenty-one (21) business days from the date of receipt of such request.
5.3 In respect of your right to access and/or correct your Personal Data, PINGSPACE has the right to refuse the your requests to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is disproportionate to the risks to your privacy.
6. Data Security and Integrity
6.1 The security, integrity and confidentiality of your Personal Data is of the highest importance to PINGSPACE. Once any Personal Data comes into our possession, PINGSPACE will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
6.2 However, please be informed that despite the fact that PINGSPACE endeavours to use the most up-to-date technology and methods as commercially viable to protect your Personal Data, no security measures or encryption protocols, no matter how stringent, are perfect or impenetrable.
as at 24November 2022