1.0. At ORANGE SHOP SDN. BHD., we take your privacy seriously. We are committed to complying with all data protection/privacy laws which are applicable to us.
1.7. You can visit the Platform and browse without having to provide personal details. However, you will be required to sign up for an account if you wish to use the Services.
1.8. If you have any comments, suggestions or complaints in relation to your personal data, please contact us.
2.0. The Personal Data We Collect From You
2.1. Personal Data means any information, whether recorded in a material form or not, from which the identity of an individual 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.
2.2. During the course of your use of the Platform and the provision of the Services, we may collect personal data from you, which includes but is not limited to:
a) Identity data, such as your name, gender, profile picture, and date of birth;
b) Account data, such as bank account and payment details;
c) Contact data, such us email address, delivery address, billing address and phone numbers;
d) Transaction data, such as details about payments to and from you, and other details of the products and Services you have purchased from us;
e) Technical data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform;
f) Profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
g) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform;
h) Location data, such as calculating the distance from the user location to the merchant location in the app which enables the user to know the estimated distance and time for the product to be delivered. More details about location data in 11.0;
i) Bio-metric data, such as voice files when you use our voice search function, and facial images when you upload videos of yourself to the Platform; and
j) Marketing and communications data, such as your preferences in receiving marketing from us and your communication preferences.
2.3. During the course of your use of the Platform and the provision of the Services, we may receive personal data from you in the following situations:
a) When you create an account with us;
b) When you apply for any of the Services or purchase any products available on the Platform;
c) When you use any of the features or functions available on the Platform or Services, including the recording of any user- generated content to be uploaded on the Platform;
d) When you subscribe to our publications or marketing collateral's;
e) When you enter a competition, promotion or survey;
f) When you participate in any activity or campaign on the Platform;
g) When you log in to your account on the Platform;
h) When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users content uploaded to the Platform;
i) When a third party lodges a complaint against you or the content you have posted on the Platform; and
j) When you interact with us offline, including when you interact with our outsourced customer service agents.
2.5. You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes.
2.7. You may access and update your personal information submitted to us at any time as described below.
3.0. Use and Disclosure of Personal Data
3.1. The personal data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (including related companies, third party service providers and their service providers and related companies, third party sellers, and companies located both inside and outside your home country), for certain purposes, which include but are not limited to the following:
a) To facilitate your use of the Services or access to the Platform, including responding to your queries, feedback, claims or disputes through our outsourced customer service agents;
b) To process orders you submit through the Platform;
c) Payments that you make through the Platform for products sold by us will be processed by our agent;
d) To compare information, and verify with third parties in order to ensure that the information is accurate;
e) To deliver the products you have purchased through the Platform sold by us;
f) To upload you on the delivery of the product sold by us and for customer support purposes;
g) To administer your account (if any) with us;
h) To verify and carry out financial transactions in relation to payments you make online;
i) To audit the downloading of data from the Platform;
j) To improve the layout or content of the pages of the Platform and customize them for users;
k) To identify visitors on the Platform;
l) To carry out research on our users demographics and behavior;
m) To provide you with information we think you may find useful or which you have requested from us, provided you have indicated that you have not objected to being contacted for these purposes;
n) To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to broadcast on our Platform, as part of our advertising and marketing campaigns to promote the Platform;
o) To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
p) To display on scoreboards on the Platform in relation to campaigns or any other activity;
q) To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
r) We may also use your personal information to send you marketing or promotional materials about our products and services from time to time, unless you choose to opt-out from receiving these materials; and
s) We may also conduct automated-decision making processes in accordance with any of these purposes.
3.2. You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
3.3. In exceptional circumstances, we may be required to disclose personal information, 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 fulfillment of legal and regulatory requirements and requests.
3.4. We may share and permit the sharing of your personal data with third parties and our affiliates for any of the above mentioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavor to ensure that the third parties and our affiliates keep your personal data secure from unauthorized access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the above mentioned purposes.
4.0. Withdrawal of Consent of 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.
4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure or processing of your personal data for the purpose 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.
5.0. 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 for informing us of 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.
5.2. You can update your personal data 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.
5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
6.0. Accessing Your Personal Data
6.1. 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. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.
6.2. 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.
6.3. We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within thirty (30) 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 application data protection laws).
7.0. Security of Your Personal Data
7.1. To safeguard your personal data from unauthorized access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:
a) Restricting access to personal data to individuals who require access;
b) Maintaining technology products to prevent unauthorized computer access; and
c) Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details.
7.2. If you believe that your privacy has been breached by ORANGE SHOP SDN. BHD., please contact us directly.
7.3. 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, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
7.4. Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share 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 directly 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.
8.0. Retention of Personal Data
8.1. 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.
8.2. 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.
9.0. Children and Minors Under 18 Years of Age
9.1. We do not sell products for purchase by children under 18 years of age, nor do it intend to provide any of the Services or the use of the Platform to children under 18 years of age. We do not knowingly collect any personal data relating to children under 18 years of age.
9.4. We will not be responsible for any unauthorized use of the Services on the Platform by yourself, users who act on your behalf or any unauthorized users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.
10.0. Collection of Computer Data
10.2. When you visit the Platform through your computer, mobile device, or any other device with internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website. This data may include:
a) Your computer or devices IP address;
b) Browser type;
c) Web page you were visiting before you came to the Platform;
d) The pages within the Platform which you visit; and
e) The time spent on those pages, items and data searched for on the Platform, access times and dates, and other statistics.
10.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide.
10.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalize the content to match your preferred interests more quickly, and to make the Services and the Platform more convenient and useful to you.
10.5. You may be able to manage and delete cookies through your browser or device settings. For more information on how to do so, visit the help material of your browser or device.
10.6. Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.
11.0. Collection of Location Data
11.1. To improve the accuracy of the user location and to reduce error during the delivery process, location data will be collected when you go to main page of the app. To ensure that the user is aware of location data being used, the app will ask you if you want to allow the use of location in the app. When purchasing a product, during checkout, the app will use your location again to calculate the delivery fee before purchasing. Other than these 2 processes, the app will not be using your location. The location data will be shared with the admin of the app as the admin can track if there are any issues with the delivery.
11.2. The technology we use to collect location data is from HTML Geolocation API and process the information through Google Map API services to determine your location with accuracy. This is needed because the app will show merchant nearby your location while you are looking for merchant to buy products.
11.3. When we have location information, we use it to ensure the products that you ordered is being delivered to your location with the highest accuracy. The location is shared with the driver that will be delivering the products as well and will ensure the driver know where your location is. Also, enabling location help you to get deals and estimated price of products from merchant nearby your area.
12.0. Right to Disclose Personal Data
12.1. YOU ACKNOWLEDGE AND AGREE THAT ORANGE SHOP SDN. BHD. HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT OWNERS, IF ORANGE SHOP SDN. BHD. HAS 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 ORANGE SHOP SDN. BHD. FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.
13.0. DELIVERY POLICY.
13.1. If the packaging seal is opened or damaged, DO NOT accept the item.
13.2. If you are not at home to receive your purchased order, please assign someone to help receive the delivery.
13.3. If the order is not collected during delivery time, the order may be disposed and there shall not be any refund for the amount purchased for that order.
13.4. We only use standard packaging materials for all orders.
13.5. We deliver each order to address provide by customer.
13.6. As a precaution, please keep the receipt of the delivered product.
13.7. Most food is perishable, therefore local food delivery only available for local city area only. There is no food delivery service to cross between inter state in peninsular and east Malaysia. For example, within Kuching city only or within Kota Samarahan city only.
13.8 Please allow up to maximum 1 hour waiting time for the food order, unless there are some avoidable incident happened such as traffic jam, road accident, merchant taking longer time for preparing customer food order.
13.9 If our delivery team failed to deliver the order within few hours and others refund request, please contact our Orange Shop SDN. BHD. admin at +60189498858 to process refund. Refund strictly only for failed delivery due runner fault and runner fault on spilt food or drink.
14.0. SALES, PROMOTIONS & FESTIVE PERIODS
14.1. During peak season, online sales & promotional periods, orders and delivery may take longer time.
15.0. LOCAL MERCHANT CITY FOOD, SHOP, SUPERMARKET AND ONLINE SELLER DELIVERY SEGMENT
15.1. MERCHANT AGREEMENT
Merchant company also acknowledge and agree with below terms and conditions:
a) Merchant and online seller will be responsible and its best to do proper packing of its goods and products before pass to delivery rider or food delivery rider. ORANGE SHOP SDN. BHD. and its delivery rider or food delivery rider will not responsible for any damage of goods and products during transfer and deliver of the goods and products order by merchant's customers.
b)Merchant and online seller will ensure that the information in relation with online ordering is accurate and reliable. Merchant and online seller will responsible any damage or cost due to wrong information and pricing.
c) Food merchant must provide sufficient cutlery and condiments if any to customer for every meal delivery order. Failing to do so, ORANGE SHOP SDN. BHD., reserve the right to impose penalty to food merchant.
d) Merchant and online seller will bare the cost and damages of all claims by its customers due missing order, wrong order, perishable foods, food taste change, food poisoning and any products which is not tally with customers order.
e) Merchant and online seller are not allow to sell any dangerous goods, illegal item such as drug, egg of turtle, and so on. Failing to comply, our company ORANGE SHOP SDN. BHD. will log a police report against the merchant and online seller. Merchant and online seller will also face legal action taken by our company for the reputation damage and revenue damage.
f) During pre-delivery, if merchant and online seller insert other things which is not suppose to be include in their product, dangerous goods, and any other illegal item such as drug into their products for delivery without ORANGE SHOP SDN. BHD. consent , our company will log a police report against the merchant and online seller and also face legal action by our company for the reputation and revenue damage.
g) Merchant and online seller agree with the payment options offered at checkout by Orange Shop websites and Orange Shop apps, including debit card and credit cards.
h) ORANGE SHOP SDN. BHD. reserve the right to change the terms and condition at anytime base on current needs.
i) ORANGE SHOP SDN. BHD. also may terminate your membership or account as merchant or online seller for any reason at anytime.
j) Merchant and online seller must first attempt to resolve any claim or dispute by customers, third party, local authorities, and ORANGE SHOP SDN. BHD. .
k) Merchant and online seller agree to let ORANGE SHOP SDN. BHD. hold their personal information for verify and documentation purpose, bank account number and debit or credit cards for debit and credit purpose.
l) Merchant and online seller agree with any penalty or rewards by ORANGE SHOP SDN. BHD. .
m) Merchant which have already join with Foodpanda, GrabFood, Lyfe, Hungry and other delivery platform, ORANGE SHOP SDN. BHD. will charge accordingly similar or exact commission rate by other platforms.
n) If merchant sell fake product, provide inaccurate product and provide wrong product to delivery runner and customer, ORANGE SHOP SDN. BHD. reserve the right to take action against merchant by impose penalty fee and merchant compulsory to refund the money to the affected customer. Merchant also may risk face termination. Merchant will face legal action if merchant do not pay for penalty fee and do money refund to the customer. Merchant agree to bear all legal cost including legal cost for ORANGE SHOP SDN. BHD. and its affiliate partner.
o) Merchant responsible for their stock control and must reserve the number of stock to be on sale. In the event customer manage to purchase online for product which merchant have no more stock available, merchant should responsible for the refund and ORANGE SHOP SDN. BHD. reserve the right to impose penalty fee to merchant for the out of stock incident.
p) Merchant acknowledge that all sale of product and any price changes need ORANGE SHOP SDN. BHD. admin staff approval.
15.2 Individual merchant or company merchant agree to sign up with ORANGE SHOP SDN. BHD. as merchant in its Orange Shop websites and Orange Shop apps. Merchant shall be liable for and agree to indemnify ORANGE SHOP SDN. BHD. against any liability, demand, claims, loss or lawsuit in respect of outstanding payment or charges for any sales, all third party claims and damages or cost due to the usage of Orange Shop delivery rider or food delivery rider, Orange Shop websites and apps. Merchant also agree to indemnify defend and hold harmless its directors, officers, employees, consultants, food delivery rider, delivery rider, agents, and affiliates from any and all third party claims, liability, demand, claims, loss, lawsuits damages and cost. Merchant will undertake full responsibility of all usages of the ORANGE SHOP SDN. BHD. websites and Orange Shop apps. ORANGE SHOP SDN. BHD. shall not be liable for merchant's misuse of the Orange Shop websites and Orange Shop apps, penalty charges by local authorities, and merchant wrong doing.
15.3 FOOD DELIVERY SERVICE
Ready food is perishable, therefore local food delivery only available for local city area only. There is no food delivery service to cross between inter state in peninsular and east Malaysia. For example, within Kuching city only or within Kota Samarahan city only.