Privacy Policy (Albert International Wines & Spirits Sdn. Bhd.)

ALBERT INTERNATIONAL WINES & SPIRITS (M) SDN BHD and its affiliates (“Albert Wines”, “us”, “we” or “our”) is committed to protecting the privacy and security of any information provided to us by our customers, business partners and users (collectively, “Customers”) through all websites and platforms owned, operated or associated with Albert Wines. The information includes but is not limited to names, addresses, phone numbers, email addresses, payment details, banking information, loyalty program details, order history, order and transaction data, website interaction data (such as browsing behavior, product views, cart activity, and wishlist items), marketing and communication data (including newsletter subscriptions, survey responses, feedback and promotional preferences), as well as technical data (such as IP addresses which is visible only on Stripe during payments, device type and browser type) (“Personal Data”).

This Privacy Policy (“this Policy”) explains how we collect, use, disclose and protect your Personal Data in accordance with the Personal Data Protection Act 2010 and other applicable laws of Malaysia. The Personal Data Protection Act 2010, including any and all subsidiary legislation, regulations and/or orders made thereunder as may be varied, amended and supplemented from time to time and any guidelines and/or directives issued by any relevant authority (collectively, the “PDPA”), regulates the processing of personal data in commercial transactions.

In the event of any conflict between the English version of this Privacy Policy and other language versions, the English version shall prevail.

1. DEFINITIONS

In this Privacy Policy:

(a)    the terms “commercial transactions”, “data processor”, “personal data” and “processing” shall have the meanings assigned to them under the PDPA; and
(b)    “you” shall refer to yourself or individuals who are connected or associated with you, including but not limited, to your legal representatives, or such other persons represented by you of whom you are providing the personal data, including but not limited to the personal data of the sole proprietor of a sole proprietorship; the directors, shareholders, managers and/or officers of a company; the personal data of the partners, managers and/or officers of a partnership; the personal data of the office bearers of a society, club or unincorporated body.

2.    CONSENT

By accessing any of our websites and any other platforms, and/or applying, registering, subscribing and/or using the services and information on our websites, you shall be deemed to have read, consented and hereby agree to be bound by the terms of this Privacy Policy and consented to the collection, use, disclosure, transfer and otherwise processing of your Personal Data by us and/or our data processor on our behalf in accordance with this Privacy Policy and the PDPA.

When you browse our website and/or any other platforms, we do not automatically collect any Personal Data that can identify you unless you voluntarily provide the same through forms, transactions, or other interactions with us. If you submit your Personal Data to us when for instance, making a purchase, registering an account or contacting us via email or any platforms — the Personal Data may be shared with relevant departments within our company or our affiliates or authorized third parties (including but not limited to delivery service providers, payment processors, banks, and financial institutions), where necessary to process your requests efficiently and provide you with better service.

3.    DATA COLLECTED

To provide you with our products and services, we may need to collect certain Personal Data from you. We only collect the Personal Data necessary for account registration, transactions or other relevant interactions with us. All Personal Data collected is voluntarily provided by you and we do not collect Personal Data without your knowledge or consent.

You may choose not to provide your Personal Data. However, this may limit your ability to place orders or access certain features of our website. Nevertheless, you will still be able to access and view most parts of our website.

4.    PURPOSE OF PERSONAL DATA COLLECTED

Personal Data that you provide to us voluntarily on our website and other platforms may be used for the following purposes (collectively, “Purposes”):

• to provide, facilitate, process, administer or manage your account and contact you as may be required for your use of our websites and/or any of our platforms and the services made available on it;
• to offer you a more consistent and personalised experience in your relationship with us and better serve your needs by customising the content that we share with you;
• to enable the sharing, disclosure, transfer, retrieval, updating and/or processing of your Personal Data as well as creation of member profile and user accounts with our related companies, affiliates, parent (including but not limited to, our ultimate shareholder), subsidiaries, respective group companies (including sister companies) and associates, whether located within or outside Malaysia, in order to provide you the services and the features, benefits and privileges in relation thereto;
• to transfer or assign our rights, interests and obligations under any of the commercial transactions entered between you and us;
• to conduct internal activities, administrative, operational, marketing, planning, product, technology or service development, troubleshooting and/or research requirements;
  maintaining your account history for present and future reference (as and where required);
• to obtain legal and/or financial advice, to enforce our rights and/or for purposes of commencing legal action pursuant to any of the commercial transactions entered between you and us;
• to comply with any applicable law, regulation, legal process, or government request;
  to protect the rights, property or safety of any person (including for the purposes of fraud detection and prevention);
• to manage, verify and complete transactions with you;
• to enable you to participate in promotions and events;
  to process exchanges or product returns;
• to respond to your requests or complaints;
• to send you updates on products, news and event updates, rewards and promotions;
• to process your payment transactions; and
• for achieving any other purpose which, in our estimation, is necessary and/or reasonable in the circumstances.

You hereby consent to the processing by us of your Personal Data in accordance with the Purposes as set forth above. 

5.    SOURCE OF PERSONAL DATA

We may collect your Personal Data from various sources, including (but not limited to):

(a)    information provided by you or someone acting on your behalf;
(b)    information provided by credit reporting agencies, government departments or agencies, public registries, social media and publications;
(c)    information obtained by us through our websites and/or any other platforms;
(d)    information available in the public domain; and/or
(e)    information obtained by us from other lawful sources.

6.    USE AND DISCLOSURE

We may use, disclose, maintain, access, process, or transfer your Personal Data to any of the following third parties (whether sited in Malaysia or otherwise):

(a)    any of our parent companies, ultimate shareholder(s), shareholder(s), group companies, related companies, subsidiaries or affiliates;
(b)    our professional advisers, consultants and auditors;
(c)    any service providers (including partner networks and card schemes), merchants, agents, contractors, delegates, suppliers or third-parties which we may appoint from time to time;
(d)    any sub-contractors of our service providers (including partner networks and card schemes), merchants, agents, contractors, delegates, suppliers or third-parties which they may appoint from time to time;
(e)    where applicable, our data processor who processes the Personal Data on our behalf;
(f)    data centres and/or servers, storage facility and records management service providers located within or outside Malaysia;
(g)    any business entity/ies for bona fide credit assessment and/or checking including but not limited to registered credit reporting agencies under Credit Reporting Agencies Act 2010 (including but not limited to CTOS), who may in turn share such information to subscribers of their services;
(h)    any person that we believe in good faith to be your legal advisers or other professionals;
(i)    any law enforcement, court, relevant governmental or regulatory authority and their appointed personnel or party, insofar as we need to do so to keep to any applicable laws, or which we in good faith believe that we should keep to; and
(j)    any party which assists us in carrying out the Purposes.

If you submit a review or testimonial, you acknowledge and agree that we may display your feedback on our website, marketing materials, and social media platforms. By providing a review or testimonial, you grant us a non-exclusive, worldwide, royalty-free, and irrevocable right to use, reproduce, modify, publish, and distribute your feedback, including your name, for promotional and marketing purposes.

If you wish to update or request the removal of your review or testimonial, please refer to the Contacting Us section.

7.    MARKETING AND PROMOTIONAL COMMUNICATIONS

Your Personal Data may also be disclosed to other third parties with whom we have commercial relationships, for marketing, advertising and related purposes, unless you have indicated that you do not wish for us to disclose your Personal Data to such third parties for marketing and advertising purposes.

You may opt out of receiving any communications from us at any time by contacting us (see the “Contacting us” section as set out in paragraph 19 below) with your request (see the “Withdrawal of consent” section as set out in paragraph 11 below).

8.    TRANSFER OF YOUR PERSONAL DATA OUTSIDE MALAYSIA

We may transfer, store, process or deal with your Personal Data at a destination outside of Malaysia. By submitting your Personal Data, you agree to this transfer, storing, processing or dealing. When doing so, we will take steps reasonably necessary to ensure that the transferred Personal Data is treated securely and in accordance with this Privacy Policy and the PDPA.

9.    THIRD PARTY PERSONAL DATA

We may require your assistance if the Personal Data relating to any third party is required to process your Personal data for the Purposes and you hereby agree to use your best endeavours to assist us when required.

In the event the Personal Data of any third party is provided by you to us, you represent and warrant that such third party has read this Privacy Policy and consented to us collecting his/her personal data for any of the Purposes and you are entitled to provide us with their Personal Data and to view or change their information prior to the provision of his/her Personal Data to us. You agree to indemnify us in the event we suffer any loss or damage as a result of your failure to comply with the same.

10.    ACCESSING, CORRECTING AND UPDATING YOUR PERSONAL DATA

Where you submit your Personal Data to us, you are responsible to ensure that such Personal Data is accurate, complete, not misleading and up-to-date.  

To the extent permitted under the PDPA, you have the right to:

(a)    request for access to the Personal Data provided by you; and
(b)    request to correct or update the Personal Data provided by you where the Personal Data is inaccurate, incomplete, misleading or not up-to-date;

by contacting us (see the “Contacting us” section as set out in paragraph 19 below). Please note that we may charge you a processing fee for the handling and processing of your requests to access your personal data.

We will screen and verify all requests beforehand. In order to verify your identity and/or authority to make the request, we may require you to provide supporting information or documentation to corroborate the request. Once verified, we will give effect to your request within the timelines prescribed by the PDPA.

In accordance with the PDPA and to the extent not limited by any other applicable law (if applicable), we may refuse to comply with your request for correction to the Personal Data and give you a reason for our refusal.

11.    WITHDRAWAL OF CONSENT

Subject to any applicable legal restrictions, you may withdraw your consent previously given to us (in whole or in part) for:

(a)    Processing your Personal Data for any of the Purposes;
(b)    Processing your Personal Data which relates to other persons who may be identified from that Personal Data; or
(c)    Disclosing the Personal Data to any of the third parties as set out in paragraph above,
by contacting us (see the “Contacting us” section as set out in paragraph 19 below) and by notice in writing. 

12.    COOKIES

We use cookies on our websites and/or our platforms to enhance the experience of our users. A cookie is a small text file placed on your computer, system or mobile device when you visit a website or use an app. Cookies collect information about users and their visit to the website or use of our websites, such as their IP address, how they arrived at the website (for example, through a search engine or a link from another website) and how they navigate within our websites. We use cookies and other technologies to facilitate your internet sessions and use of our websites, offer you products and/or services according to your preferred settings, track use of our website and apps and to compile statistics about activities carried out on our websites and/or through our websites.

You may set up your web browser to accept or decline cookies, to prompt you before accepting a cookie from the websites that you visit as well as remove cookies stored on your computer or mobile device. However, if you do block cookies, you may not be able to use certain features and functions of our websites.
We may allow third parties to use cookies on our websites to collect the same type of personal data for the same purposes we do for ourselves. Third parties may be able to associate the personal data they collect with other personal data they have about you from other sources. We do not necessarily have access to or control over the cookies they use.

13.    THIRD-PARTY SITES

Our website may, from time to time, contain links to and from the platforms or website of our partner networks, advertisers, affiliates or other third parties. If you follow a link to any of these platforms or websites, please note that they have their own privacy policies and this Privacy Policy does not apply to these external websites or their content, or to any collection of data after you click on these third-party links. As these platforms and websites are not owned or operated by us, we do not accept any responsibility or liability for the content of these platforms or websites and their privacy policies, and you access and provide your Personal Data to these third-party platforms or websites at your own risk. Please ensure that you review these policies before you submit any Personal Data to any such platforms or websites.

14.    CONSEQUENCES FOR NON-PROVISION OF PERSONAL DATA

If you withdraw your consent for the processing of the relevant Personal Data or fail to supply us with the relevant Personal Data, we may refuse to process your Personal Data for any of the Purposes which may result in us being unable to communicate or correspond with you and/or to provide you with the products as requested.

15.    RETENTION OF PERSONAL DATA

We may retain your Personal Data for as long as is necessary for us to fulfil any of the Purposes or for such period as we may deem necessary to protect our interests, where otherwise required under any legal, regulatory and/or accountings requirements.

We will cease to retain your Personal Data by securely disposing of the same or remove the means by which the data can be associated with you through anonymisation, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected and stored, and is no longer necessary for any legal or business purpose.

16.    SECURITY

We will take reasonable steps to safeguard any Personal Data we receive from you through our website from misuse and loss and from unauthorised access, modification, disclosure, processing, copying, disposal or other similar risks. We may hold your information in either electronic or hard copy form or retain third parties to hold your information on our behalf. 
However, you should take note that no method of transmission over the internet or method of electronic storage are inherently secure. As a user of our website, you agree to assume all responsibilities and risks in your usage of our website and acknowledge the existence of all such risks in using the internet generally. We will strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

17.    DATA BREACH

In the event of a data breach which is defined as any unauthorized access, disclosure, loss, misuse, alteration, or destruction of Personal Data, we will take immediate action to assess and contain the breach to prevent further unauthorized access.

Where required under applicable laws, we will notify the affected individuals and the Personal Data Protection Commissioner as soon as practicable, providing relevant details of the breach, including the nature of the compromised data and any potential risks. We will also implement necessary remedial measures to mitigate any impact on affected individuals and enhance our security controls to prevent future incidents.

If you suspect any unauthorized access to or breach of your Personal Data, please refer to the Contacting Us section below to report your concerns. We encourage you to provide as much detail as possible to facilitate a prompt investigation.

18.    CHANGES TO THIS PRIVACY POLICY

We reserve the right to amend the terms of this Privacy Policy at our absolute discretion. Any changes to the Privacy Policy will be posted on our website and you are expected to check this page from time to time to take note of any changes we have made as they are binding on you. Your continued use of our website following any amendment of this Privacy Policy will signal your assent to and acceptance of its revised terms. If you do not agree to the changes in our use of your Personal Data, you must notify us immediately and deactivate your account with us.

19.    CONTACTING US

If you have any questions about any aspects of this Privacy Policy or your Personal Data, or any concerns or a complaint regarding the treatment of your privacy by us pursuant to the PDPA, you may contact our Data Protection Officer at info@albertwines2u.com.my.