Introduction

This privacy policy (“Policy”) describes how KOLhub Sdn. Bhd. (“KOLhub”, “we”, “us” or “our”) collects, protects, discloses and uses the personally identifiable information (“Personal Information”) you (“User”, “you” or “your”) may provide in the KOLHUB™ Mobile Application and any of its products or services or tools (collectively, “Mobile Application” or “Services” or “Websites”). It applies to any KOLHUB™ site where this Privacy Policy appears, and to any KOLHUB™ Mobile Application, service, or tool (collectively “Services”) where this Privacy Policy is referenced, regardless of how you access or use them, including through mobile devices. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. By using our Services, Mobile Application and/or registering for an account with us, you are accepting the terms of this Privacy Policy and you are consenting to or you acknowledge our collection, use, disclosure, retention and protection of your personal information as described in this Privacy Policy.

Collection of personal information

We collect, process and retain any personal information from you and any devices (including mobile devices) you may use when you do any actions including but not limited to: register for an account with us, use our services, publishing content, making a transaction, and provide us information on a web form, update or add information to your account, dispute resolution, filling any online forms, or when you correspond with us regarding our Services.

The personal information we collect includes the following:

• Identifying information such as email, other social media accounts such as Instagram, Facebook, Twitter account when you register for an account with us,
• Name, contact numbers, addresses,
• Financial information such as bank information, credit card information,
• Content that you generate, or that is connected to your account,
• Other information provided to us through a web form, by updating or adding information to your account, dispute resolution, or when you correspond with us.

You can choose not to provide us with certain information, but you may not be able to take advantage of some of the Mobile Application’s or website’s features. Users who are uncertain about what information is mandatory are welcome to contact us.

Collection of non-personal information

When you use our Services or log into our Mobile Application or register for an account with us, our servers automatically record information that your device sends. We collect information about your interaction with our Services and your communication with us. This is information we receive from the devices (including mobile devices) you use when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, chats, or dispute resolution, or when you correspond with us regarding our Services.

This data may include information such as your device’s IP address and location, device name and version, operating system type and version, language preferences, information you search for in our Mobile Application, page views, traffic to and from the sites, referral URL, ad data, browsing history, access times and dates, and other statistics. The data also comprises of the following: name, surname, address, bank account, email, social media account(s) data and nicknames.

Managing personal information

You are able to access, add to, update and delete certain Personal Information about you. The information you can view, update, and delete may change as the Mobile Application or Services change. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our private records after your deletion of such information from your account. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.

Use and processing of collected information

Any of the information we collect from you may be used to personalize your experience; improve our Mobile Application; improve customer service and respond to queries and emails of our users; process transactions; send notification emails such as password reminders, updates, etc.; run and operate our Mobile Application and Services. Nonperson Information collected is used to identify potential cases of abuse and establish statistical information regarding Mobile Application traffic and usage.

We may process Personal Information related to you if one of the following applies: (i) You have given their consent for one or more specific purposes. Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. This, however, does not apply, whenever the processing of Personal Information is subject to Malaysia data protection law; (ii) Provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (ii) Processing is necessary for compliance with a legal obligation to which you are subject; (iv) Processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Additionally, we are processing your data based on our legitimate interest which is the necessity to conduct analyses and statistics aimed at improvement of Mobile Application functionalities and features and ensuring security and efficiency. We also process your data in order to conduct proceedings related to your complaints and other claims. Our legitimate interest will also be the processing of your data in order to detect fraud and abuse and conduct activities of a preventive character and ensuring safety in the Mobile Application and Services.

The user agrees to indemnify KOLhub for any unauthorized use of the personal information by other third party in which the user has acknowledge of such risk.

Background processing of your social media posts and likes

We anonymously background process and aggregate data, including but not limited to text and images, from the content of your social media posts and likes. We use this anonymous data to facilitate the analysis breakdown in our Mobile Application, to understand and improve our Services, to develop new services, and for other lawful business purposes.

Information transfer and storage

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own.

Data retention period

We retain your personal information as long as it is in the line with applicable laws and necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Agreement and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.

The Rights of Users

You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following:
(i) you have the right to withdraw consent where you have previously given your consent to the processing of your information
(ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent
(iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing
(iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected
(v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it
(vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us
(vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance.

This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.

Billing and payments

We use third-party payment processors to assist us in processing your payment information securely. Such third-party processors’ use of your Personal Information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this Privacy Policy. We suggest that you review their respective privacy policies.

Disclosure

We transfer your data to other entities, if it is necessary to provide the service or enable you to take part in the campaigns, required by binding provisions of law or justified by operational necessity. It means that we can transfer your personal data to:

• our (co)workers,
• our clients,
• courier company,
• banks and entities providing payment services,
• our other subcontractors, provided that we entrust them execution of activities requiring transfer of your data (such entities will act solely based on the agreement we have concluded with them)
• relevant authorities, if it is required by binding provisions of law.

Product and service providers

We may contract with other companies to provide certain products and services. These service providers are not authorized to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We may share Personal Information for these purposes only with third-parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.

Privacy of children

We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through our Mobile Application or Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through our Mobile Application or Service without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through our Mobile Application or Service, please contact us by writing.

Newsletters

We offer electronic newsletters to which you may voluntarily subscribe at any time. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us: hello@kolhub.com. However, you will continue to receive essential transactional emails.

Remarketing

We also may permit certain third-party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities in the Mobile Application. These companies may deliver ads that might place cookies and otherwise track user behavior.

Links to other mobile applications

Our Mobile Application contains links to other mobile applications that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other mobile applications or third-parties. We encourage you to be aware when you leave our Mobile Application and to read the privacy statements of each and every mobile application that may collect Personal Information.

Information security

We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that
(i) there are security and privacy limitations of the Internet which are beyond our control
(ii) the security, integrity, and privacy of any and all information and data exchanged between you and our Mobile Application cannot be guaranteed; and
(iii) any such information and data may be viewed or tampered with in transit by a third-party, despite best efforts.

Data breach

In the event we become aware that the security of the Mobile Application has been compromised or users Personal Information has been disclosed to unrelated third-parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law.

Legal disclosure

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. In the event we go through a business transition, such as a merger or acquisition by another company, or sale of all or a portion of its assets, your user account and personal data will likely be among the assets transferred.

Changes and amendments

We reserve the right to modify this privacy policy relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Policy in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.

Acceptance of this policy

You acknowledge that you have read this Policy and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to use or access the Mobile Application and its Services.

Contacting us

If you have any questions about this Policy, please contact us at hello@kolhub.com

Updated 21 August, 2021.