Privacy Policy
Last updated on 15 August 2017
This Privacy Policy explains how SmartSeller collects, uses and discloses your Personal Information when you use our Services. We will not use or share your information with anyone except as described in this Privacy Policy.
The Privacy Policy constitutes a binding and enforceable legal contract between you and SmartSeller and its Affiliates – so please read them carefully. By using the Platform and/or using the Services, you agree to the collection and use of your Personal Information in accordance with this Privacy Policy. If you do not agree to the Privacy Policy, please do not access and/or use this Platform or the Services.
Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.
1. Collection of Personal Information
1.1. When you open an Account with SmartSeller, use our Services or otherwise provide us with your details, we may collect certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, mailing address and other information (“Personal Information”).
1.2. When you browse our Platform (and not open an Account), you generally do so anonymously but please see Clause 5 on log data and Clause 6 below on cookies.
1.3. We may collect Personal Information of End Users when they use our Services, such as when they place an order on a User Website or sign up for an account on the User Website.
1.4. Please ensure that all Personal Information you submit to us is complete, accurate true and correct, otherwise we may not be able to provide you with our Services.
1.5. You may access and update your Personal Information submitted to us at any time as described below (See Clause 16).
2. Use and Disclosure of Personal Information
2.1. The Personal Information that we collect from you will be used or shared with third parties (including Affiliates and Third Party Services) for the following purposes:
2.1.1. To provide and operate the Services and/or access to the Platform;
2.1.2. To manage and administer your Account and our relationship with you;
2.1.3. To process and complete transactions and send you related information including purchase confirmations and invoices;
2.1.4. To send transactional messages including responding to your questions, comments, questions or requests, providing customer service and support, and sending you technical notices, updates, security alerts and support and administrative messages;
2.1.5. To process and deliver contest or sweepstakes entries and rewards;
2.1.6. To monitor and analyse trends, usage and activities in connection with the Services;
2.1.7. To investigate and prevent fraudulent transactions, unauthorised access to the Platform and/or use of the Services and other illegal activities;
2.1.8. To personalise the Services, including providing content, features or advertisements that match your interests or preferences;
2.1.9. To send marketing and/or promotional materials about our Services or products or services of our Users, features, surveys, newsletters, offers, promotions, contests, events, updates and other news about SmartSeller, which you may opt out of receiving in accordance with Clause 7 below;
2.1.10. To notify you of any changes to the Platform or our Services that may affect you;
2.1.11. To comply with applicable laws and regulations.
2.2. SmartSeller may share or transfer your Personal Information in connection with or during negotiations of any merger, sale of company assets, financing or acquisition of all or a portion of its business to another company. You will have the opportunity to opt out of such transfer if the new entity’s planned processing of your Personal Information differs materially from that set forth in this Privacy Policy.
2.3. SmartSeller will not sell, share or disclose Personal Information with third parties except as described in this Privacy Policy.
3. Information about other Individuals
3.1. If you give us information on behalf of someone else, you warrant that the other person has appointed you to act on his or her behalf and has agreed that you can:
3.1.1. give consent on his or her behalf to the processing of his or her personal data;
3.1.2. receive on his or her behalf any data protection notices; and
3.1.3. give consent to the transfer of his or her personal data abroad.
4. Third Party Services
4.1. As part of using the Services (and Third Party Services available on the Platform), SmartSeller and Third Party Services may require the collection, access and use of Personal Information pertaining to you and End Users including the activities or navigation undertaken by you and End Users through the Services and/or User Websites. Such Third Party Service Providers shall include, but not limited to:
4.1.1. our Affiliates;
4.1.2. our agents and relevant service providers;
4.1.3. credit reference agents; and
4.1.4. law enforcement agencies in connection with any investigation to help prevent unlawful activity.
4.2. You acknowledge and agree that our Privacy Policy and each such Third Party Services’ privacy policy govern such activities.
5. Log Data
5.1. We may also collect information that your browser sends whenever you visit our Platform (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
5.2. In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Services’ functionality. These third party service providers have their own privacy policies addressing how they use such information.
6. Cookies
6.1. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
6.2. We use “cookies” to collect information to:
6.2.1. improve and customise our Services and your experience;
6.2.2. allow you to access the Platform or use the Services without re-entering your username or password; and
6.2.3. to count visits and understand which areas and features of the Platform and/or Services are most popular. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
7. Opting Out Of Marketing Communications
7.1. We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information about our Services and products or services of our Users.
7.2. You may opt out of receiving any, or all, of these marketing or promotional communications from us by following the unsubscribe link or instructions provided in any email we send.
7.3. Although opt-out requests are usually processed immediately, please allow up to fourteen (14) days for removal requests to be processed. Please note that even after you have opted out from receiving marketing messages from SmartSeller, you will continue to receive information about transactions that occur on your User Website, your Account and our Services.
8. Compliance with Laws
8.1. We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Services.
9. Law Enforcement
9.1. We cooperate with government and law enforcement authorities or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement authorities or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of SmartSeller or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.
10. Credit Checking
10.1. To enable us and our Affiliates to make credit decisions about you and for fraud prevention and money laundering purposes, we may search the files of credit reference and fraud prevention agencies (who will record the search). We may disclose information about how you conduct your account to such agencies. Other credit grantors may use this information to make credit decisions about you and the people with whom you are financially associated, as well as for fraud prevention, debtor tracing and money laundering purposes. If you provide false or inaccurate information and we suspect fraud, we will record this and if the situation warrants it, we may have to make a police report.
11. Security
11.1. SmartSeller uses the industry standard 128-bit SSL (Secure Sockets Layer) encryption technology when you provide us with your financial details.
11.2. SmartSeller hosts Personal Information with hosting service providers in numerous countries around the world. The servers on which Personal Information is stored are kept in a controlled environment.
11.3. The security of your Personal Information is important to us, but do remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the Internet.
12. International Transfer
12.1. Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your jurisdiction of residence where the data protection laws may differ than those from your jurisdiction.
12.2. If you are located outside Malaysia and choose to provide information to us, please note that we transfer the information, including Personal Information, to Malaysia and process it there. However, where we are required to transfer your Personal Information to our Affiliates or third parties located overseas for data processing, SmartSeller takes steps to ensure that the receiving jurisdiction has in place a standard of protection accorded to Personal Information that is comparable to the protection provided by us.
12.3. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
13. Links To Other Sites
13.1. Our Platform may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.
13.2. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
14. Monitoring
14.1. We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
15. Changes To This Privacy Policy
15.1. We may amend, modify or otherwise update our Privacy Policy from time to time at our sole discretion, without prior notification. You are advised to review this Privacy Policy periodically for any changes.
15.2. Changes to this Privacy Policy are effective when they are posted on the Platform.
15.3. Your continued use of the Services constitutes acceptance of any updates or changes to the Privacy Policy as SmartSeller may make and post from time to time. If you disagree with any changes to this Privacy Policy, do not access this Platform and/or the Services.
16. Updating your Personal Information
16.1. You can update your Personal Information at any time by accessing your Account on the Platform.
16.2. We take steps to share the updates to your Personal Information with third parties and our Affiliates with whom we have shared your Personal Information if your Personal Information is still necessary for the above stated purposes.
17. Accessing your Personal Information
17.1. If you would like to view the Personal Information we have on you or inquire about the ways in which your Personal Information has been or may have been used or disclosed by us within the past year, please contact us at [email protected]
17.2. We reserve the right to charge a reasonable administrative fee for retrieving your Personal Information records. If you wish to exercise this right, you should:
17.2.1. put your request in writing;
17.2.2. include proof of your identity and address (e.g. a copy of your driving licence or passport, and a recent utility or credit card bill); and 17.2.3. specify the personal data you want access to, including any account or reference numbers where applicable.
17.3. You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should:
17.3.1. put your request in writing;
17.3.2. provide us with enough information to identify you (e.g. account number, username, registration details); and
17.3.3. specify the information that is incorrect and what it should be replaced with.
18. Retention of Personal Information
18.1. We will retain your Account information as long as your Account is active or as reasonably useful for commercial purposes or as necessary to comply with our legal obligations under any applicable laws or resolve disputes and enforce our agreements.
19. Contact Us
19.1. If you have any questions relating to your Personal Information or about this Privacy Policy, please contact us at [email protected]
20. Governing Law
20.1. This Privacy Policy shall be governed in all respects by the laws of Malaysia. You agree to submit any disputes arising out of or in connection with this Privacy Policy to the exclusive jurisdiction of the Malaysia courts.