Please read this Privacy Policy carefully. By clicking or checking “Register Now”, “I agree to the Privacy Policy”, “I agree and consent to the collection, use, disclosure, storage, transfer and/or processing of my personal data for the purpose stated in, and under the terms of, Privacy Policy” or similar statement available at the registration page or in the course of providing you with the services or access to our platform/mobile application, you acknowledge that you have read and understood the terms of this privacy policy and that you have agreed and consented to the collection, use, disclosure, storage, transfer and/or processing of your personal data as described under the terms herein.
GENERAL INFORMATION
1.1 – Nirwana Hypermarket Sdn Bhd & Nirwana Maju Sdn Bhd respects and values the privacy of individuals with regards to personal data and strive to protect the same in accordance to the Personal Data Protection Act 2010 (“the Act”). As part of Nirwana Group’s efforts to protect your personal data, this Privacy Policy is formulated in accordance with the Act.
1.2 - For the purpose of this Privacy Policy, “Personal Data” shall have the meaning as ascribed in the Act and may include your name, contact details, date of birth, email address and other information as we may require.
1.3 - By clicking or registering an account/member card with us, visiting our platform/mobile application, or accessing the services available therein, you acknowledge and agree that you accept the practices, requirements and/or the policies outlines in this Privacy Policy, and you hereby consent for us to collect, use, disclose and/or process your Personal Data.
1.4 - This Privacy Policy applies to any person whose Personal Data is processed by Nirwana Group including but not limited to Nirwana Group’s customers, invitees, employees, suppliers and tenants.
1.5 - This Privacy Policy serves to inform you how your Personal Data is being processed by Nirwana Group and/or representative or agent on behalf of Nirwana Group and your Personal Data may be collected from various sources, including but not limited to information you have provided to Nirwana Group, information from third parties and information in the public domain.
COLLECTION OF THE PERSONAL DATA / PURPOSE OF COLLECTION OF PERSONAL DATA
2.1 – Nirwana Group may collect, retain and use your Personal Data for you to create and setting up an account with us in the platform/mobile application or visiting or viewing our platform/mobile application.
2.2 – Nirwana Group will also implement “Cookies” or other features to allow us or any authorized third party to collect or share information that will help us to enhance or improve our platform/mobile application from time to time. “Cookies” are identifiers which allow us to recognize your computer or mobile device and tell us how and when the platform/mobile application are used or visited, by how many people and to track movements within our platform/mobile application. This information is used to keep track of your movement in our platform/mobile application and it may be linked with your Personal Data. You may disable the use of Cookies by selecting the appropriate settings on your computer, tablet or mobile device, however, by doing so, you may not be able to use the full functionality of our platform/mobile application.
2.3 - Among others, your Personal Data may also be collected, retained or used for the following purposes (“the Purpose”):
a) - providing you with services under any Nirwana Group's businesses;
b) - processing your application under any Nirwana Group's programmes;
c) - providing you with ongoing information about events and programmes, Nirwana Group’s products, services, special offers, new products, updates and promotions;
d) - conducting survey, research, develop and improve our events, programmes, products and services including but not limited to historical and statistical record keeping purposes;
e) - discharging Nirwana Group’s contractual obligations;
f) - creating directories, databases or information technology system for Nirwana Group’s internal and retail business operation;
g) - resolving concerns and complaints;
h) - recruitment purposes; and
i) - for any other purpose that is incidental or ancillary or in furtherance to Nirwana Group’s internal and daily retail business operation.
2.4 - Mobile Web and IOS and Android Apps
We may collect certain additional information from you when you access the Sites with mobile devices or with our iOS and Android mobile apps (the “Nirwana MY Apps”). This information may include location, device type, unique device identifier, mobile operating system, site navigation, and other app-specific user data. When this data is collected, it is analyzed periodically to help us create a more user-friendly, improved shopping experience within the mobile web interface and/or the Nirwana MY Apps. You may restrict the collection of certain data, like location, and/or opt out of notifications from the Nirwana MY Apps by changing the settings preferences on your mobile device and/or through your Nirwana MY account management page.
2.5 - Automatically Collected Information; Interest-Based Advertising.
When you interact with the Nirwana MY, advertisements or other content provided by Nirwana Group or third parties for Nirwana MY, through your computer, phone or mobile device (we’ll refer to these as “Devices” throughout the Policy), we, and third parties, may automatically collect non-personally identifiable information (“non-PII”) about or from your Device, such as, without limitation, your browser information on our server logs including your IP address, browser type, browser versions, browser language, browser plug-in type and version, country and time zone, URLs that refer visitors to our Sites, dates and times of visits to our Sites, page views and site navigation, geographic location, cookie information (see below), web beacons, pixel tags, device fingerprinting or other means, the page you requested, duration of activity on our Sites, searches, shopping behavior and preferences, hardware model, operating system version, unique device identifiers, mobile network information, and purchases.
DISCLOSURE
3.1 - Nirwana Group may disclose your Personal Data to among others, the following parties as stated below for the purposes: -
a) - Nirwana Group’s subsidiaries, affiliated companies, related and associated companies;
b) - Nirwana Group’s licensees, co-organizers of events, business alliances, agents and service providers;
c) - any relevant authorities or bodies;
d) - auditors, professional advisories;
e) - to such person pursuant to the requirements of any law, if such action is necessary to
i. - comply with the requirement of any law enforcement agency, court order or legal process; or
ii. - protect and defend rights or property of Nirwana Group,
f) - the employees from Nirwana Group’s subsidiaries, related and associated companies; and
g) - any other person and/or organizations which Nirwana Group may think fit.
3.2 - Notwithstanding that any such persons may be outside Malaysia, your personal data is to be disclosed at the time of its collection or for any other purposes directly related to any of the above purposes or where such disclosure is required or authorized by law or by the order of a court.
SAFETY OF PERSONAL DATA
4.1 - Efforts will be made to ensure that any Personal Data under Nirwana Group possession or under its control is kept up-to-date and is protected against any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction. All your Personal Data or sensitive information provided to us will be encrypted into our databases and to be accessed by us for the purposes stipulated above.
4.2 - Nirwana Group may regularly review the security measures in safe keeping your Personal Data and only authorized staffs of Nirwana Group who have been duly trained are allowed to handle the Personal Data.
4.3 - Your Personal Data will be processed in Malaysia. However, it may be transferred to, stored or processed outside Malaysia follow the location of our servers and central database operated from time to time.
4.4 - Nirwana Group’s mobile application may contain links to other sites and pages. By activating a link, such as by clicking on the banner of an advertiser, you will leave Nirwana Group’s mobile application and Nirwana Group does not exercise control over any Personal Data or any other information you give to any other entity after you have left Nirwana Group’s application. Kindly refer to the respective privacy policies of these linked-sites prior to the disclosure of your personal data to them as each of the linked-sites will have separate and independent privacy policies as well as security arrangements.
Nirwana Group does not guarantee the security of the Personal Data and/or information that you provide on the linked-sites or any third-party sites and Nirwana Group shall therefore have no responsibility or liability for the content, security arrangements and activities of these linked sites. These linked-sites are only for your convenience and you therefore access them at your own risk. Nevertheless, to protect the integrity of our platform/mobile application and the linked-sites placed therein, you may contact us to give us your feedback towards these linked-sites if there is any inappropriate linked-sites or the specific link does not work.
RETENTION OF PERSONAL DATA
5.1 - Any Personal Data supplied by you will be retained by Nirwana Group for a period Nirwana Group deems fit and necessary for the fulfilment of the Purposes or to satisfy legal regulatory, accounting requirements or to protect Nirwana Group 's interests (“the Retention Period”).
5.2 - Upon expiry of the Retention Period and/or after Nirwana Group ceases to process your Personal Data, Nirwana Group will take all necessary action to permanently delete and destroy your Personal Data.
RIGHT OF ACCESS TO PERSONAL DATA
6.1 - In accordance with the Act, you may request to have access to and/or modify and/or alter and/or update your Personal Data, subject to the followings:
a) - Nirwana Group may charge an administration fee for processing your request for access; and
b) - Nirwana Group may decline your request for access or correction without having to assign any reason in accordance with the Act.
WITHDRAWAL OF CONSENT
7.1 - You may withdraw your consent for the collection, use and/or disclosure of your Personal Data in our procession or under our control by sending an official request to our Careline. Please note that your withdrawal of consent may mean that we will not be able to continue to provide you the access to our platform/mobile application and we may need to terminate your existing account and/or contract (if any).
7.2 - Nirwana Group may cease to process your Personal Data within a reasonable period upon receiving your written notice pertaining to the withdrawal of the Consent.
OTHER TERMS AND CONDITIONS
8.1 - By providing Nirwana Group your Personal Data, you hereby consent to the processing of your Personal Data in accordance with all of the foregoing (“the Consent”).
8.2 - Any questions, comments, suggestions or information other than Personal Data sent or posted to the site, or any part of the site by visitors will be deemed voluntarily provided to Nirwana Group on a non-confidential and non-proprietary basis. Nirwana Group reserves the right to use, reproduce, disclose, transmit, publish, broadcast and/or post elsewhere such information freely, including passing it to any associated company, in connection with the development, manufacturing and marketing of products and services and to meet customer needs
8.3 - Nirwana Group reserves the rights at any time to add, change, update or modify this Privacy Policy, simply by informing such change, update or modification via mail, short message service, posting on the website or such other notifications as Nirwana Group may deem fit. Any such change, update or modification will be effective immediately upon posting on the website.
8.4 - Please note that in the event your Personal Data is not sufficiently supplied, or is not satisfactory to Nirwana Group, your application or request to Nirwana Group for any of the Purposes may not be fulfilled and/or accepted.