1. Introduction

1.1.

This is a privacy policy (“Privacy Policy”) of Rocketsview Management Sdn Bhd (including all of its subsidiaries, brands, related and/or associated companies/brands). These entities collectively referred to as “Eatsily”, “we”, “us” or “our”. Eatsily is committed to respecting and protecting your privacy online. This Privacy Policy explains our practices regarding the collection, use, disclosure and transfer or your personal data when you use any of our products and/or services including applications, digital services or solutions, visit any of our office branches, any of our websites or contact our customer support (“collectively referred to as “Services”).

1.2.

This Privacy Policy is incorporated as part of the Eatsily’s Terms of Use. Your use of the Platform and/or Service is subject to the Terms of Use and this Privacy Policy. Unless specifically defined in this Privacy Policy, the defined terms shall have the same meaning as defined in the Terms of Use.

1.3.

To process, administer and/or manage your relationship with us, we will necessarily need to collect, use, disclose, and/or transfer your personal data. This Privacy Policy applies to personal data about you (Eatsily’s members, users, Customers, Merchants, partners, business/marketing partners, agents, vendors, distributors, suppliers, contractors, service providers, etc) and/or information provided by you as possessed by us or that we obtain about you, whether now or in the future. Eatsily is bound by the Personal Data Protection Act 2010 and all regulations, standards and guidelines as may be prescribed from time to time pursuant to the personal Data Protection Act 2010. We will only process your personal data in accordance with the Personal Data Protection Act 2010, the privacy laws of Malaysia and in accordance with this Privacy Police.

1.4.

The words “you”, “your” and “customer” includes past, current and future customers of the Platform. If you are a company, an entity or an organization, references to the term “you” and “your” shall also include your employees, representatives and agents.

1.5.

By accessing, browsing, downloading and/or using our Platform and/or Services, or by dealing with us, you acknowledge that your personal data shall be used in accordance with the manner as set out in this Privacy Policy.

1.6.

For the purposes of this Privacy Policy, “Personal Data” means any information, whether recorded in a material form or not, from which the identity of an individual and/or entity is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. “Sensitive Personal Data” comprises information as to the individual’s physical or mental health or condition, political opinions, race, ethnic origin, politics, religious beliefs or other beliefs of the same nature, trade union membership, genetics, biometrics, commission or alleged commission of any offence or any other Personal Data determined by law. We will only collect, use, disclose and/or process your Personal Data in accordance with this Privacy Policy.

1.7.

By clicking or checking “Sign Up”, “Log in”, “Submit”, “I Agree to Eatsily’s Privacy Policy” or other similar statements available at the Eatsily registration page, you acknowledge that you have been notified of and understood the terms of this Privacy Policy and that you have agreed and consented to the collection, use, disclosure and/or processing of your Personal Data as described and under the terms herein.

1.8.

We may revise or update this Privacy Policy at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of our Platform and/or Services or dealing with us after a revision or update to this Privacy Policy constitutes your binding acceptance of the revised or updated Privacy Policy. It is your responsibility to check this Platform to see any updates or changes to this Privacy Policy.

1.9.

It is necessary for us to collect and process your Personal Data. If you do not provide us with your Personal Data, or do not consent to this Privacy Policy or any amendments to this Privacy Policy, we may not be able to render all services to you and you may be required to terminate your relevant agreement with us and/or stop accessing or using the Platform and/or Services.

2. The information we collect from you

2.1.

During the course of your use of the Platform and the provision of the Services, we may collect your Personal Data and information which includes but is not limited to:

a)

Account and profile information that you provided when you register for an account or sign up for our products or services, for example your name, username or similar identifier, email address, delivery address, billing address, gender, date of birth and telephone number(s);

a)

Account and profile information that you provided when you register for an account or sign up for our products or services, for example your name, username or similar identifier, email address, delivery address, billing address, gender, date of birth and telephone number(s);

b)

Information you provide through support channels, for example when you report a problem to us or interact with our support team including any contract information, documentation, or screenshots;

c)

Communication, marketing, and other preferences that you set when you set up your account or profile;

d)

Details of any transactions, purchases, or order that you have made with us;

e)

Payment information, for example your payment card information or account details;

f)

Information about your device or connection, for example your internet protocol (IP) address, log-in data, browser type and version, time-zone setting, browser plug-in operating system and platform, and other information we collect through cookies and other date collection technologies on the device you use to access the Platform; and/or

g)

Information about your use of or visit to our Platform, for example your clickstream to, through, and from our Platform, products and/or Services you viewed, use, or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), or methods to browse away from the page.

2.2.

Your Personal Data may be collected from you during your course of dealing with us in any way or manner including pursuant to any transactions and/or communications made from/with us. We may also collect your Personal Data from a variety of sources, including without limitation, at any meetings, events, activities, contests, customer satisfaction surveys organized and/or sponsored by us, as well as from publicly available sources such as directories and Eatsily’s social media pages, if you allow, like or are a fan of such pages. Further information may also be collected when we exchange communications with you, for example, if you submit a request, file a complaint or contact our support team.

2.3.

We may also receive, store and process your Personal Data which are provided or made available by any third parties whom you have authorized, credit reference/reporting bodies, regulatory and law enforcement authorities, for reasons including delivery of our Services, performance of conditions of agreements and/or to comply with our legal and regulatory obligations.

3. Use and Disclosure of Information and Personal Data We Collect

3.1.

Access to Services
We use the information and Personal Data provided by you to respond to your questions, provide and facilitate you with the Services or access to the Platform, offer you our Merchants’ services and send you emails that are necessary or that we think may interest you. You may choose not to provide us with any information or Personal Data and in such case you can still access and use some of the Services; however you will not be able to access and use those portions of the Services that require your information and Personal Data upon, and especially the registration of an Account with us.

3.2.

Enquiries
Subject to this Privacy Policy, if you contact us, we may use any of the information and Personal Data provided by you in connection with your enquiry, or any information, Personal Data, non-personal information, feedback, claims or disputes when responding to your enquiries.

3.3.

Our Emails to you
We may use your contact details to send you information when necessary, including account verification emails, and in conjunction with your use of the Services. In some cases, when you click on an advertisement in an email, your browser may be momentarily directed to the website of a third party which, acting on our behalf, notes or “counts” your response to the email before redirecting your browser to your selected destination; this redirection process may not be apparent to you. We may also use your Personal Data to send you marketing or promotional materials about our products and services from time to time, unless you choose to opt-out from receiving this materials.

3.4.

Market Research
From time to time our market survey department, or our contractors and affiliates acting on our behalf, may conduct online research in order to gather feedback about our Platform and Services. This may be done through email invitations, pop-up surveys, online focus groups, and social networks. When participating in such feedback, we may ask you to submit your information and Personal Data. Your information and Personal Data may be used for research purposes. When a survey is sponsored by an affiliate or other third party, aggregate information of the information survey results is reported to the sponsor. Information and Personal Data collected through market research will be used only by us, our affiliates, our service providers and contractors, and successors and assigns, and will not otherwise be given or sold to another third party without your consent or as otherwise permitted by this Privacy Policy. We will not knowingly accept survey responses from or conduct interviews with any person under the age of 18. We may also use your Personal Data to carry out research on our users’ demographics and behavior. In addition to collecting survey responses from our users, Cookies may be used to authenticate respondents or to help you pick up where you left off in a survey. Cookies may be used to connect survey data with our Eatsily Platform’ usage characteristics. You will be notified when we would like to use Cookies in this way and your consent will be requested for these Cookies.

3.5.

Merchant Feedback
We will collect feedback from our Platform about our Merchants, users, delivery partners, Customers and vice versa, in order to protect the property and rights of the Merchants (including their company and/or business), to protect the safety of the public, restaurant employees or any person, or to prevent or end activity we consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.

3.6.

Payment
Payments made by you through the Platform for our products and Services will be processed by the provider. Your Personal Data and information may be used to facilitate the payment process whether by us or our service provider. We may also verify and carry out financial transactions in relation to payments you make online.

3.7.

Administration
Your Personal Data may be used to audit and conduct necessary actions in relation to the managing and administering the use of the Services, products and standard operation procedures of the Platform.

3.8.

Contents
While promoting the Services, we may use the information provided by you, such as any user-generated content that you choose to broadcast on our Platform, as part of our advertising and marketing campaigns to promote the Platform. We may also use your Personal Data to process any complaints, feedback, enforcement action and requests in relation to any content you have uploaded in the Platform.

3.9.

Exceptional circumstances
In exceptional circumstances, we may be required to disclose your Personal Data, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.

4. Withdrawal of Consent to Continued Use, Disclosure and/or Processing of Personal Data

4.1.

You may communicate the withdrawal of your consent to the continued use, disclosure and/or processing of your Personal Data including Personal Data relating to others who may be identified from that Personal Data for any of the purposes and in the manner as stated above at any time, by contacting us at support@eatsily.com. 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, we may not be in a position to continue to provide the Services 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. Our legal rights and remedies are expressly reserved in such an event.

5. Updating Your Personal Data

5.1.

It is important that the Personal Data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible to inform us of any changes to your Personal Data, or in the event you believe that the Personal Data we have about you is inaccurate, incomplete, misleading or out of date. You can update your Personal Data at any time by accessing your account on the Platform. If you are unable to update your Personal Data through your account, you can do so by contacting us at support@eatsily.com.

5.2.

If you would like to request information about your Personal Data which we have collected, or enquire about the ways in which your Personal Data may have been used, disclosed or processed by us within the past year, please contact us at support@eatsily.com. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request. We reserve the right to charge a reasonable administrative fee for retrieving your Personal Data records. If so, we will inform you of the fee before processing your request. We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within forty-five (45) days from the date of your request, we will inform you in writing. If we 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 applicable data protection laws).

6. Security of Your Personal Data

6.1.

Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your account’s password to anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your Personal Data and other data submitted to us. You could also be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately contact us at support@eatsily.com and change your password. You are reminded to log out of your account and close the browser when you are finished with using a shared computer. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

7. Retention of Your Personal Data

7.1.

We will only retain your Personal Data for as long as we are either required to by law or as is relevant for the purposes for which it was collected. We 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 purposes for which the Personal Data was collected, and is no longer necessary for any legal or business purpose.

8. Information Collected by Third Party

8.1.

Certain content and services offered to you through the Platform are on websites hosted and operated by a company other than us or our affiliates ("Third Party Websites"). We do not disclose your information and Personal Data to these Third Party Websites without your consent, but you should be aware that any information you disclose once you access these other websites is not subject to this Privacy Policy. We do not endorse and are not responsible for the privacy practices of these Third Party Websites. You should review the privacy policy posted on any other website to understand how that Third Party Website collects and uses your information and Personal Data.

9. Transfer of Your Personal Data

9.1.

The Personal Data collected from you may be transferred, stored, and processed for our own use. By using the Services, you authorize us to use your information and Personal Data in Malaysia where we operate for the purposes mentioned above. We will ensure that your information is transferred in accordance with this Privacy Policy and protected in accordance with applicable laws related to personal data protection (including, but not limited to, the Personal Data Protection Act 2010 of Malaysia).

9.2.

We may also transfer information about you to another company in connection with a merger sale or acquisition. In this event, we will use reasonable efforts to notify you before information about you is transferred and become subject to a different privacy policy. We do not sell, rent or trade your information and Personal Data with any third parties for their marketing purposes, without your explicit consent. We reserve the right to disclose your Personal Data as required by laws and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on the Eatsily Platform. We share feedback provided about you by our Merchants and with the other Merchants that you may purchase(s)/used through us in order to ensure the best possible experience for all parties involved.

9.3.

We also share certain categories of information we collect from you and about you from our affiliate and Merchants in the ways described in this Privacy Policy. We may also share your information, Personal Data and traffic data with our affiliates and Merchants and other third parties who assist us by performing core services (such as business consulting and continuity planning, marketing, promotion, data analytics, data processing, hosting, storage and security) and/or by making certain Services available to our users. These affiliates, Merchants and other third parties are bound by the same and/or are required to uphold the comparable standards of security and confidentiality as particularized in the terms of this Privacy Policy, and they will use your Personal Data to carry out their obligations and to provide you with the related Services. For the avoidance of doubt, you agree that Merchants may (with our prior written consent) use your information or Personal Data for their own marketing and/or promotional efforts. The Merchant’s use of your information or Personal Data shall, at all times, still be compliant with the relevant and applicable local laws including but not limited to, Malaysia’s Personal Data Protection Act 2010.

9.4.

You acknowledge and agree that we have the right to disclose your Personal Data to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if we have reasonable grounds to believe that disclosure of your Personal Data is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties. To the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against us for the disclosure of your Personal Data in these circumstances.

10. Cookies

10.1.

A Cookies is a small data file sent from a website to your browser that is stored on your device. Cookies are used for a number of purposes, including to display the most appropriate content based on your interests and activity on the Services, estimate and report the Services’ total audience size and traffic, and conduct research to improve the Services. You can configure your device’s settings to reflect your preference to accept or reject Cookies. If you reject all Cookies, you will not be able to enjoy the full range of Services.

10.2.

We therefore use Cookies to customize your experience on the Platform. For example, if your password is stored via a Cookies, you do not have to re-enter it each time you visit the Platform.

10.3.

We do not link the information stored in Cookies to any of your information and Personal Data you submit while on the Platform. Some of our affiliates also use Cookies to provide us with anonymous data and information regarding your use of the Platform and Services. We do not have access control over these Cookies, and this Privacy Policy does not therefore govern the use of such Cookies.

10.4.

You acknowledge and agree that we have the right to disclose your Personal Data to any legal, regulatory, governmental, tax, law enforcement or other authorities or the relevant right owners, if we have reasonable grounds to believe that disclosure of your Personal Data is necessary for the purpose of meeting any obligations, requirements or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, an investigation and/or a request of any nature by such parties. To the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against us for the disclosure of your Personal Data in these circumstances.

11. Indemnity

11.1.

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, damages, losses, and expenses, including attorneys’ fees that arise from your use of the Services (including the Platform). We at our sole and absolute discretion reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Security

12.1.

The information and Personal Data we collect about you is stored on a secure, password protected server and only authorized personnel have access to such information. We use industry-standard encryption technologies with respect to the receipt and transfer of your information and the Personal Data you submit to us on the Platform. Nevertheless, and despite our best efforts, no transmission over the internet and no data storage method can be guaranteed to be safe 100% of the time.

12.2.

You also acknowledge and agree that it is important that you use precautionary means to protect against unauthorized access of your Account and information by choosing your password carefully, and keeping your password and Account secure (e.g. by signing out after using our Services).

13. Contact Us

13.1.

If your wish to request access or request of your information or Personal Data, or if you wish to stop receiving emails from us, or if you have any questions, complaints, concerns or comments on our Privacy Policy, we welcome you to contact us by sending an email to support@eatsily.com. any available defenses.