Privacy Policy

Last update: 23rd October 2019

1. ACCEPTANCE OF THIS PRIVACY POLICY

 

1.1 This privacy policy (“Privacy Policy”) describes FOODISH SDN BHD (hereinafter collectively referred to as “Foodish”, “we”, “us” or “our”) practices regarding your Personal Information (as defined in Clause 2.1 below) collected by us when you:

 

(a) download, access and use the Mobile Application (as defined in the Terms and Conditions); and

 

(b) access, use and enjoy the Services (as defined in the Terms and Conditions).

 

1.2 This Privacy Policy explains, amongst others:

 

(a) the types of your Personal Information that we collect and the manner how we collect the same;

 

(b) the manner how we use your Personal Information;

(c) the parties to whom we disclose your Personal Information;

(d) the manner how we secure and retain your Personal Information; and

(e) your rights to have access to and correct your Personal Information,

 

and provide the terms and conditions in respect of the same. If you do not agree to or are not satisfied with any of the terms or conditions of this Privacy Policy, please discontinue from accessing or using the Mobile Application immediately. By accessing or using the Mobile Application and the Services, you shall be deemed to have agreed to the terms and conditions of this Privacy Policy and you consent to the collection, use and disclosure of your Personal Information collected by Foodish via the Mobile Application in the manner as set out in this Privacy Policy.

 

1.3 Foodish may amend any of the terms and conditions mentioned in this Privacy Policy from time to time, and Foodish will publish the latest and amended Privacy Policy on the Mobile Application on the date such amendments is to take place. You are advised to check from time to time should there is any amendment made by us towards this Privacy Policy. Any access or use of the Mobile Application and the Services by you on and after the date of the latest and amended Privacy Policy being published by Foodish signifies your agreement towards such amendments.  

 

1.4 This Privacy Policy is to be read together with our Terms and Conditions which is accessible via https://www.foodi.sh/terms-and-conditions. For the avoidance of doubt:

(a) unless the context requires otherwise, the words used in this Privacy Policy (which have been defined in the Terms and Conditions) shall have the same meanings as defined in the Terms and Conditions; and

 

(b) in the event there is any inconsistency between any of the provision in this Privacy Policy and the provision in the Terms and Conditions, the provision in this Privacy Policy shall prevail.

 

2. COLLECTING YOUR PERSONAL INFORMATION

 

2.1 “Personal Information” is information that identifies or can be used to identify, contact or locate the person to whom such information pertains (“Personal Information”). Examples of Personal Information in relation to the Mobile Application may include your name, postal address, telephone number, email address and any other information that is required by Foodish from time to time for you to have access to your Foodish Account.

 

2.2 “Anonymous Information” is information about usage and service operation that is not associated with a specific personal identity (“Anonymous Information”). Examples of Anonymous Information may include details of your usage of the Mobile Application such as your search history, Post viewed, pages visited, browser type used, your Internet Protocol (“IP”) address, your Internet Service Provider, referring/exit pages, your operating system and the date/time stamp.

 

2.3 Where required by the Mobile Application, it is obligatory for you to provide your Personal Information to us, which include the following, to enable you to access and use the Mobile Application, to enable us to provide you the Services and to comply with any legal and regulatory requirements:

 

(a) Identification information – Your name, email address and authentication credentials; and

 

(b) Contact information and other information – Contact information and other information to enable you to receive marketing, promotional materials, news or updates from us and participate in our survey, contests, promotions or any other actions performed on the Mobile Application.

 

Should you decline to provide such obligatory Personal Information, we may not be able to grant you the access and use the Mobile Application and/or provide you with the Services.

 

2.4 In addition to your Personal Information provided by you as mentioned above, we will collect your Personal Information and Anonymous Information, from your access and use of the Mobile Application including:

(a) Access and Use Information – Information on your access time, “log-in” and “log-out”, browser type and language setting, IP address, Post viewed, features and services you used, the date and time you used the Mobile Application, your search terms, data about how you interact with our Mobile Application and your device information;

 

(b) Contact Information – Information from your phone’s address book or other contact list that you granted us access to;

 

(c) Information via Services – Shared photo, your location and information when you submitted a Post; and

 

(d) Cookies – We may use cookies where appropriate to gather information about your devices in order to assist us in improving our Mobile Application and Services. We may also gather information about your general internet use by using the cookie. 

 

3. USING YOUR PERSONAL INFORMATION

 

3.1 Our primary purpose in collecting your Personal Information is to provide you with a safe and smooth experience in accessing and using the Mobile Application and the Services. We may use and process your Personal Information including, but not limited to:

 

(a) providing and improving the Services – We may use your Personal Information to operate the Mobile Application and provide you with the Services. We may also use your Personal Information to improve the Mobile Application or the Services and to provide you with more effective customer service;

 

(b) communicating with you about the Services – We may use your Personal Information to provide you with important information about the Services that we provide via the Mobile Application, including updates on the latest Services provided or future Services to be provided by us;

 

(c) protecting the Services and maintaining a trusted environment – We may use your Personal Information to protect and keep our Service and network secure and ensure security for you and our staff. We may also investigate, prevent or take action regarding illegal activities and violations of our Terms and Conditions, Privacy Policy and/or applicable law, including maintaining a database of such illegal activities or violations. Additionally, we may use your Personal Information to meet our legal and regulatory obligations; and

(d) creation of Anonymous Information – We anonymise or aggregate your Personal Information for research purposes, and we may use this information in aggregate to provide more relevant content to you. We may collect, compile, publish, promote, disclose and use any and all aggregate information, provided that such information does not personally identify you.

 

3.2 Non-essential features are features provided in relation to the Services for which you can opt out of. You may opt out of the following non-essential features by logging in with your Foodish Account and accessing your account settings:

 

(a) Provide updates, offers, invitations to events and deliver relevant advertising through push notifications with your prior consent or if otherwise permitted under local laws and regulations; and

 

(b) Changing food restrictions.

 

3.3 If you choose to withhold your Personal Information, or disable application location permissions, you may be unable to access full Services provided via the Mobile Application, including but not limited to:

 

(a) Write, edit or be credited for recommendation, critique or photos; and

 

(b) Received personalised information or recommendations.

 

4. DISCLOSING YOUR PERSONAL INFORMATION

 

Your Personal Information held by us shall be kept confidential. However, in order to provide you with effective and continuous Services and to comply with any legal and regulatory requirements, we may need to share your Personal Information to the following individuals or parties:

 

(a) other User – We may share information about you (including your Personal Information) with other Users of the Mobile Application whenever you use the Mobile Application and the Services. This information includes photo, location and other additional information that is shared with other User;

 

(b) third party service providers – Foodish may contract with third-party service providers and suppliers (“Authorised Third Parties”) to enable us to provide you with the Services and any other services related to the Services. In such situations, Foodish may share your Personal Information with the Authorised Third Parties to enable them to perform their obligations so that Foodish is able to provide the Services (and any other services related to the Services) to you. The Authorised Third Parties will be required to keep confidential all your information (including your Personal Information) received pursuant to such arrangement and they may not use such information for any purpose other than to perform their obligations under such arrangement;

 

(c) affiliates and acquisitions – Foodish or its related entities may merge with, acquire or be acquired by another business entity or some or all of their respective assets could be acquired. We may share your Personal Information with our group companies and corporate affiliates pursuant to the same. If such a merger or acquisition occurs, Foodish will make every reasonable effort to notify you in the event we share with the merging or the entity being acquired or acquiring entity some or all of your Personal Information; and/or

 

(d) comply with the law – Foodish may disclose your Personal Information if required to do so by the law and/or regulatory authorities or in the good faith belief that such action is necessary to conform to the edicts of law or comply with legal process served on Foodish relating to the Mobile Application or the Services, protect and defend the rights and the property of Foodish or act in urgent circumstances to protect the personal safety of Foodish’s employees or agents, Users of the Mobile Application, or members of the public.

 

By using and continuing to use the Mobile Application, you are deemed to have consented to such disclosure.

 

5. SECURING AND RETAINING YOUR PERSONAL INFORMATION

 

5.1 Foodish endeavors to protect the security of your Personal Information that you provide to us and we will take adequate precautions to avoid any unauthorized access, improper use or disclosure, accidental loss, unlawful destruction, misuse, alteration or destruction of your Personal Information consistent with applicable data protection and privacy laws and regulations.

 

5.2 Your Personal Information will be stored on secured systems and networks and only certain Foodish’s employees have access to the information you provide us. Such employees are obliged to respect the confidentiality of your Personal Information and are bound by the provisions of this Privacy Policy.

 

5.3 Notwithstanding the above, no information transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, Foodish cannot ensure or warrant the security of any information (including your Personal Information) that you transmit to us via the Mobile Application, and therefore you agree that the use of the Mobile Application and the Services shall be at your own risk. Once we receive the transmission of your information (including your Personal Information), we will use our best efforts to ensure its security on our system, but cannot and will not accept responsibility for any unauthorized access or loss of such information.

5.4 We will retain your Personal Information for as long as it is necessary for the purposes as set out in this Privacy Policy. Having said that however, we may retain your Personal Information for a longer period (including after Deactivation, Deletion, Suspension or Termination of your Foodish Account, if it is necessary to comply with laws and regulations applicable to us.

 

6. AND CORRECTING YOUR PERSONAL INFORMATION

 

6.1 The accuracy and completeness of your Personal Information depends on the information you provide. We assume that the information you have provided is accurate, complete and up to date unless you inform us otherwise.

 

6.2 You have the rights to:-

 

(a) access and review your Personal Information and determine your privacy preferences with regard to your Personal Information (“Your Privacy Preferences”);

 

(b) update and modify your Personal Information and Your Privacy Preferences; and

 

(c) request for the removal of any or all of your Personal Information held by Foodish provided however, if the said request involved Personal Information which is mandatory to enable you the access and the use of the Mobile Application, you hereby agree that such request may lead to the Deletion of your Foodish Account and we shall not be responsible for such Deletion.

 

6.3 You may also edit or delete your Post, deactivate or delete your Foodish Account at any time. If you delete your Post, your photos, recommendation and critique submitted using your Foodish Account will be removed from your page and you will no longer be able to view the same. We may not be able to restore your account once it has been deleted. Deletion of your Foodish Account may not be immediate. Residual copies of your Personal Information or Post may remain on the Mobile Application or in our internal systems, which we may use only in accordance with this Privacy Policy. We may also retain Content which is rightfully belonging to Foodish and as required by the applicable law.

 

6.4 You may contact us at any time to obtain details of your Personal Information held by Foodish. Our contact details are as set out in Clause 10 below. Please note that we may charge a reasonable sum as permitted under Malaysian personal data protection legislation to cover any administrative costs incurred by us in providing such information to you.

7. DETERMINING AND SHARING LOCATION

 

7.1 Some features and functionality in the Mobile Application may require you to provide your location. If you have your location information turned on, whenever you access and use the Mobile Application, we collect and use your location information from your Mobile Device (for example, latitude and longitude) to tailor the Services to your current location (for example, we will show you the distance of the establishment to your current location). We will only process your location information with your permission. If you have your location information turned on by granting us permission through your Mobile Device’s location setting prior to the registration of your Foodish Account, we will, from time to time, obtain your Mobile Device’s location even if you are not using the Mobile Application. Other than in an anonymized, pseudonymized or aggregated form, your location information will never be shared with others, except with your consent or as permitted under this Privacy Policy.

 

8. COOKIES AND OTHER TECHNOLOGIES

 

8.1 To ensure the effectiveness of the Mobile Application, Foodish may use cookies to ‘track’ your visit. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies are not designed or intended to read any information from your device (other than the contents of the cookie) or to identify you personally; rather, it is a method of identification of your Mobile Device. Cookies are used in aggregate for traffic analysis and to provide relevant information to our visitors. It is also used for website and system administration, including research and development, user analysis and business decision-making.

 

8.2 By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. You are always free to choose to reject cookies from the Mobile Application if your browser permits, although you may be unable to use certain features on the Mobile Application that require the placement of cookies.

 

9. Links to Other Websites

 

The Mobile Application may contain, from time to time, links to other websites. If you access those links, you will leave the Mobile Application. This Privacy Policy only applies to the Mobile Application and as such, Foodish is not responsible for the privacy practices or the content of such websites. In view thereof, please review the privacy policy notices on those websites for details.

10. ENGLISH VERSION OF THIS PRIVACY POLICY  

 

In the event of inconsistency between the English version and the Bahasa Malaysia version or Mandarin version of this Privacy Policy, the English version shall prevail to the extent of such inconsistency.

 

11. How to Contact Us

 

             If you have any queries relating to this Terms and Conditions, please write to:-

 

Attention to : Felix Yii

Email           : felixyii@foodi.sh