MYBEST Privacy Policy
MYBEST Privacy Policy
1. Introduction
1. This privacy policy (“Privacy Policy”) is issued by MYBEST INTERNATIONAL SDN. BHD. (Registration No. 201701010232 (1224397-X)) (“MYBEST”, “us”, “we” or “our”) and shall apply to you (“you” or “your”) when you are browsing or utilising our websites, including but not limited to mybest.com.my and mybestexpress.com, our mobile application, and/or other online platforms owned, managed and/or operated by us (collectively, the “Platform”).
2. MYBEST processes your personal data in connection with commercial transactions carried out through the Platform, and accordingly, the Personal Data Protection Act 2010 (“PDPA”) applies to such processing. For the purposes of this Privacy Policy, “personal data” shall bear the meaning given to them under the PDPA (including its amendments, applicable regulations, guidelines and orders).
3. This Privacy Policy supplements the other notices and terms applicable to you (including our Terms of Service), and is not intended to override them, save to the extent of any conflict, in which case this Privacy Policy shall prevail in respect of the processing of your personal data. Capitalised terms used in this Privacy Policy that are not otherwise defined shall have the meaning given to them in the Terms of Service, unless the context otherwise requires.
2. Your Consent Is Important
1. We value your privacy and strive to protect your personal data as provided by you in the course of utilising the Platform in compliance with the PDPA. Before you use the Platform or our Services, please read this Privacy Policy in its entirety, as it serves to help you make informed decisions about how we process your personal data.
2. This Privacy Policy explains:
1. what kind of personal data we collect about you and how we collect it from you;
2. the purposes of collecting your personal data;
3. the parties that we disclose your personal data to;
4. your rights in respect of your personal data; and
5. what you can do if there are any changes, questions or complaints about your personal data.
3. By accessing the Platform, providing us your personal data, using our Services and/or communicating with us, you hereby consent to the processing of your personal data in accordance with this Privacy Policy.
4. If you provide us with the personal data of another person, you represent and warrant that you have obtained all necessary consent and authority from that person to collect, use, disclose, process and, where applicable, transfer such personal data in accordance with this Privacy Policy.
3. Collection and Processing of Your Personal Data
1. The personal data we collect about you may include:
1. contact information, such as your name, email address, and phone number;
2. personal identification information (e.g. identity card number or passport number);
3. nationality;
4. gender;
5. age or date of birth;
6. Tax Identification Number (TIN);
7. billing information, delivery address and billing address;
8. bank account details and payment information;
9. photos or images;
10. usage data of the Platform (e.g. number of visits and average time spent); and
11. Internet browser information (e.g. 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).
2. We may obtain your personal data from you directly and from other sources, including:
1. through your relationship with us, which includes information provided by you to fill up a user profile, application form, registration forms or other forms; when you sign up for an account with us on the Platform; when you access the Platform and use the features and our products and/or services on our Platform; or when you communicate with us through phone calls, e-mail and/or other correspondence methods;
2. when you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;
3. any interaction between you and us through the Platform; WeChat, WhatsApp, Facebook, and other third-party messaging or social media platforms; and our online chat applications and customer service channels;
4. through your participation in our promotions, contests, or referral rewards programme, where you are required to provide personal data about yourself or another person;
5. any videos or photos uploaded by you or collected by us and/or our agents or partners;
6. an analysis of the manner you manage your account on the Platform; or your use of the features and our products and/or services on our Platform, which include any transaction you make and/or the payment made to / from your account or e-wallet (if any) on the Platform;
7. your activities on the mobile application(s) (if any), such as web beacons, clear pixels or pixel tags, analytical tags, geo-location technologies and quick response (QR) code;
8. through your permissions granted on your devices to share information with the Platform;
9. by using Cookies, details of which are set out in Clause 11 of this Privacy Policy; and
10. from such other sources which you have given your consent to disclose information relating to you and/or where not otherwise restricted and/or publicly available or governmental sources of data.
4. Purposes of Processing Your Personal Data
1. You hereby consent that we will process your personal data, for any of the following purposes:
1. Verification and Administration
1. to verify the information and/or identity provided by you for the purpose of delivery of our Services to you;
2. to analyse your suitability to register with us and process your registration with us; and
3. to verify, update and process your application and administer your account(s) with us.
2. Facilitation of Agreements
1. to facilitate the agreements to be entered into or have been entered into with us;
2. to facilitate communications between you and us in respect of such agreements;
3. to notify you on the product tracking, pick-up and delivery location, invoices and other documents;
4. to transfer or assign our rights, interests and obligations under any of the agreements between you and us; and
5. to protect or enforce our rights to recover any debt owing to us (if applicable).
3. Services and Support
1. to provide you with any products or Services you have purchased or requested through the Platform;
2. to communicate with you and respond and follow up on any queries, complaints or requests you may have;
3. to administer your enrolment in the Loss Insurance Scheme and to process any claims made;
4. to display your name, username or profile on the Platform (including any reviews you may post or share with us);
5. to process payments relating to any products you have ordered and process or issue invoices;
6. to process photos or images you upload (for example, proof-of-purchase or inspection images) for the purpose of verifying and fulfilling your order or Service request;
7. to provide and/or to improve the Services provided by us, analyse patterns and choices, users’ demographics, market surveys;
8. to notify you about benefits and changes to the features of our Services or the Platform;
9. to improve and manage our Platform user experience for you;
10. to provide personalised feedback to you to maintain, enhance and support the relationship between you and us; and
11. to maintain, administer and notify you of software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services and Platform.
4. Marketing
1. to contact and provide you information regarding our offers which include new services, new launches, upcoming events, promotions, advertising, marketing and commercial materials and such other information; and
2. to process your participation in any offers, events, activities, contests, polls, surveys or promotions.
5. Compliance with Laws and Internal Records
1. to comply with our obligations, compliance requirements and disclosure requirements under any law, rule, regulation, by-law, order, guideline, directive and policy enforced by the government authorities, including such other international and local laws and requirements in force and as amended from time to time relating to the commercial transaction and/or relating to the conduct of our business or activities (collectively, “Laws”);
2. for prevention of crimes, bribery, fraud and money laundering;
3. for our internal record keeping in the ordinary course of business;
4. to maintain, update, consolidate and improve the accuracy of our database records and comply with internal policies and procedures; and
5. to produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual.
2. We will seek your separate consent for any other purposes which do not fall within the purposes stated above unless processing of the applicable data without your consent is permitted by the PDPA.
5. Disclosure of Personal Data
1. For the purposes of providing you with our Services and managing the operation of the Platform, we reserve the rights to disclose your personal data to selected third parties set out as follows:
1. our subsidiaries, related and associated companies (if any), whether in Malaysia or other countries;
2. our logistics and warehousing partners, including our warehouse partner in Malaysia, China or other countries, for the purpose of fulfilling the Services;
3. customs, tax and other regulatory authorities, where required for the Services or by Law;
4. the insurer, where you have enrolled a Parcel in the Loss Insurance Scheme;
5. WeChat, WhatsApp, Facebook, and other third-party messaging or social media platforms, where you choose to contact us or we communicate with you through those channels;
6. any person you refer to us, or who refers you to us, under our referral rewards programme, solely for the purpose of administering the benefit or programme;
7. our or your legal and professional advisers including but not limited to lawyers, insurers, accountants and/or financial advisers;
8. any financial institutions or payment processor, merchants, VISA International Services Association, MasterCard International Incorporated and/or other card associations in relation to any credit card and/or debit card issued to and used by you on the Platform;
9. any person connected to the enforcement or preservation of any of our rights under the agreements between you and us;
10. our IT service providers who provide technical infrastructure services, software and development work, analyse how our services are used and provided, or provide any services to you and other users;
11. our marketing, research, and communications agencies;
12. any other parties that are under a duty of confidentiality with us and had agreed to keep your personal data confidential;
13. any other parties where required by Laws or in respect of whom you have given your express or implied consent; and/or
14. any other third parties in connection with the fulfilment of data processing as outlined in Clause 4 of this Privacy Policy.
2. In the event of a sale of business, disposal, acquisition, merger, joint venture, reorganisation, insolvency, receivership involving us or our assets to another third party, your personal data may be required to be disclosed and/or transferred to the third party as part of our business assets.
3. Where we disclose your personal data to any third party under this Privacy Policy, we will take reasonable steps to ensure that the disclosure is limited to the personal data reasonably necessary for the relevant purpose and is made on a need-to-know basis. Where appropriate, we will require such third parties to protect your personal data in accordance with applicable data protection laws and to use it only for the purpose for which it was disclosed.
4. We do not and will not sell your personal data to unrelated third parties for their own independent purposes.
5. We may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address), to facilitate the display of targeted advertising.
6. Transfer of Your Personal Data Outside Malaysia
1. For the purposes set out in this Privacy Policy, your personal data may be transferred to, accessed from, stored, processed or otherwise handled outside Malaysia, including in China, Singapore, or any other country where our service providers, business partners or affiliates are located.
2. The Platform (or its servers) may also be hosted or operated outside Malaysia, and your personal data may be stored or processed on such servers in the ordinary course of providing our Services.
3. By using our Services or providing your personal data to us, you acknowledge and consent to the transfer, storage and processing of your personal data outside Malaysia for the purposes set out in this Privacy Policy.
4. Where we transfer your personal data outside Malaysia, we will take reasonable steps to ensure that such transfer is carried out in accordance with the PDPA and that appropriate safeguards are implemented where required.
7. Our Obligations and Your Obligations
1. We will process your personal data for the purposes set out in this Privacy Policy and in accordance with the PDPA. Where you have a choice regarding the collection or use of your personal data (including for direct marketing), we will provide you with the available options and respect your preferences in accordance with the PDPA.
2. You should provide complete, accurate and up-to-date personal data and promptly notify us of any changes. The provision of personal data required for account registration, identity verification, order fulfilment, payment processing and the provision of our Services is mandatory. If you do not provide such personal data, we may not be able to provide or continue providing some or all of our Services to you. Where we request personal data for optional purposes, such as marketing communications, providing such personal data is voluntary, and you may withdraw your consent at any time in accordance with the PDPA.
8. Data Security
1. We are committed to take all reasonable steps to ensure your personal data is kept confidential and secure, and to take appropriate safeguards to prevent any unauthorised and/or unlawful processing of, and the accidental loss, alteration, destruction or damage to your personal data.
2. Although we take reasonable steps to protect your personal data, no Internet transmission or electronic storage is completely secure. While we cannot guarantee absolute security, we will continue to implement and regularly review appropriate security measures to safeguard your personal data.
9. Data Retention
1. We will only retain your personal data for so long as is necessary for us to fulfil the purposes as set out in this Privacy Policy.
2. We will destroy or anonymise your personal data when we have reasonably determined that (a) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (b) retention is no longer necessary for any legal or business purposes; and (c) no other legitimate interests warrant further retention of such personal data.
3. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue to store, use and/or disclose your personal data in accordance with this Privacy Policy and our obligations under the Laws.
4. We may need to retain your personal data for longer if it is necessary for us to: (a) comply with our legal obligations; (b) respond to any disputes, claims or complaints made related to you; or (c) enforce and execute our legal agreements and policies.
10. Your Rights In Respect of Your Personal Data
1. Subject to the PDPA, you have the right to:
1. access the personal data we hold about you;
2. request correction of inaccurate personal data;
3. withdraw consent to the processing of your personal data (this may affect our ability to provide some or all of the Services);
4. request that we cease processing your personal data for direct marketing purposes or to prevent processing likely to cause damage or distress; and
5. subject to technical feasibility, request that we transfer your personal data to another data controller of your choice.
2. If you wish to exercise any of your rights under this Clause, you may submit your request using the contact details set out in this Privacy Policy. We may request additional information or documents to verify your identity and process your request.
3. We will handle your request in accordance with the PDPA. In certain circumstances, the PDPA may permit or require us to refuse or limit your request.
11. Use of Cookies on Our Platform
1. Where you access our Services through the Platform, we may use Cookies and similar technologies to support the operation, security and functionality of the Platform, improve your user experience, and for marketing and advertising purposes.
2. Cookies and similar technologies may transmit information about you and your use of our Services, such as your browser type, search preferences, IP address, and the date and time of your use.
3. If you do not wish for your personal data to be collected via Cookies on the Platform, you may deactivate Cookies by adjusting your device settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser. You may also be able to limit our sharing of some of this information through your mobile device settings.
12. Links To Third-Party Platforms
1. The Platform may contain links to third-party websites. These third-party websites are not related to, associated with us or under our control. Therefore, we are not responsible for their privacy policy relating to any collection, usage, maintenance and/or sharing of personal data of such third-party websites.
2. Such third parties operate under their own privacy policies and we encourage you to review the privacy policies of any third-party sites you visit through the Platform.
13. Personal Data from Minors or Related Person
1. The Platform and its related services are designed for use by adults and are not intended for children under the age of 18 (“Minors”). We do not knowingly collect personal data from Minors.
2. If you are a Minor, or an individual not legally competent or not mentally/physically fit to give consent, your parent, guardian, or person who has parental responsibility over you, or the person appointed by the court to manage your affairs, must consent on your behalf to the processing (including disclosure and transfer) of your personal data in accordance with this Privacy Policy.
14. Amendment and Language
1. We may amend this Privacy Policy from time to time by posting the updated Privacy Policy on the Platform together with the date of last update. Continued use of the Platform or Services following such update constitutes acceptance of the amended Privacy Policy.
2. This Privacy Policy may be translated into other language for your convenience or to comply with applicable law. Where there is any conflict or inconsistency between the English version and any translated version, the English version shall prevail.
15. Contact Us
1. If you have any queries, concerns or complaints in relation to this Privacy Policy or how we handle your personal data, kindly contact us at:
Department: Customer Services
Address: 146, Jalan Benteng Timor Jinjang Utara, 52000 Kuala Lumpur, Malaysia
Contact No.: 016-3438897
Email Address: [email protected]
1. If you believe your personal data has been compromised or become aware of any suspected data breach relating to your use of the Services, please contact us promptly using the contact details set out in Clause 15.1.