Privacy Policy
This notice describes the privacy policy (“Privacy
Policy” or “Policy”) of www.hobisports.com/, which is
operated by Hobi Sports Sdn Bhd, bearing company
number - 485411-K, and having its registered office address
at at 150 & 150A, 1st Floor, Beach
Street, 10300 George Town, Penang, Malaysia (hereinafter referred to
the “Company” or “Hobi
Sports” or “us” or “our” or “we” or “Site” or “Website”).
In this Policy, you shall be referred as “you” or “your”, “user” or “users”.
This Privacy Policy explains what information of yours will
be collected by us when you access the Website or when you make purchases on
the Website, how the information will be used, and how you can control the
collection, correction, and/or deletion of the information. We will not
knowingly use or share your information with anyone, except as described in
this Privacy Policy. The use of information collected through our Site shall be
limited to the purposes described under this Privacy Policy and our Terms &
Conditions.
By visiting our Site or providing your personal information
to us or placing your order with us, you are accepting and consenting to the
practices described in this policy. Please note that this includes consenting
to the processing of any personal information that you provide, as described
below.
IF YOU DO NOT AGREE WITH THESE PRACTICES, PLEASE DO NOT USE
THE SERVICES OR THE WEBSITE OR PROVIDE US WITH ANY OF YOUR PERSONAL
INFORMATION.
|
TABLE OF CONTENT |
|
|
Sr.
No. |
Particular |
|
1. |
What
information about the users do we collect? |
|
2. |
Lawful
basis for processing personal information |
|
3. |
How
do we use this information? |
|
4. |
Deleting
your information |
|
5. |
Cookies
and Similar Technologies |
|
6. |
Sharing
of information |
|
7. |
Storage
and Security of Information |
|
8. |
Links
to third party sites |
|
9. |
Rights
of EU, EEA and UK users/service providers |
|
10. |
California
Resident Rights |
|
11. |
How
do we respond to legal requests? |
|
12. |
Children
Privacy |
|
13. |
How
do I withdraw my consent? |
|
14. |
Governing
law and Dispute Resolution |
|
15. |
Do
you have any questions or concerns about this privacy policy? |
|
16. |
Welcoming
of suggestions |
1.
What
information about the users do we collect?
o
Information
that you provide us: We
collect the information you provide when you use our website, including without
limitation, when you register for an account, browse our website, purchase any
product, make the payment, engage with us through any social media platform,
signup for newsletter, share your feedback, submit a complaint, communicate or interact with us in any manner. This can
include Financial Information, Personally Identifiable
Information (PII) as well as non-PII information. The
examples include your full name, sex, age, date of birth, address, shipment
location, email address, contact number, your queries etc. We also collect
information about how you use our services, such as the content you engage with
or the frequency and duration of your activities.
o
Information
that we collect when you use the Website: We also collect information while you access, browse, view or otherwise use the Website. In other words, when you
access the Website, we are aware of your usage of the Website, and gather, collect and record the information relating to such usage,
including geo-location information, IP address, device and connection
information, browser information and web-log information.
o
Information
that we collect from third party sources: You can engage with us through social media websites
or mobile applications. When you engage with us through social media sites,
such as Instagram, you allow us to have access to certain information from your
social media profile based upon your privacy preference settings on such
platform.
o
Payment
Method: We will also
collect your payment method, so as to provide you a
quicker access. Your actual payment data is collected by third-party payment
gateway service provider, Stripe to process your payment.
o
Good
Judgment: We
suggest that you exercise good judgment and caution while providing your
personal information.
2.
What is the
lawful basis for which we use your personal information?
For the
purposes of the applicable law (such as GDPR, PDPA etc.), you hereby
acknowledge that all processing of your personal information will be justified
by a "lawful ground" for processing. In the
majority of cases, processing will be justified on the basis that:
o
Consent: You have given your consent for processing personal
data for one or more specific purposes.
o
Performance
of a contract: Provision
of personal data is necessary for the performance of an agreement with you
and/or for any pre-contractual obligations thereof.
o
Legal
obligations: Processing
personal data is necessary for compliance with a legal obligation to which we
are subject.
o
Vital
interests: Processing
personal data is necessary in order to protect your
vital interests or of another natural person.
o
Legitimate
interests: Processing
personal data is necessary for the purposes of the legitimate interests pursued
by the Company.
In
any case, we will gladly help to clarify the specific legal basis that applies
to the processing, and in particular whether the
provision of personal data is a statutory or contractual requirement, or a
requirement necessary to enter into a contract. Feel free to contact us for
this purpose at sales@hobisports.com
3.
How do we
use this information?
We use all of the information we have to help us provide, support
and improve our services and to facilitate the delivery of the products that
you order. We use the information collected from you for the following
purposes:
o
To create
and update your account;
o
To deliver
the products that you order to your delivery address;
o
To process
your returns or exchange or refund requests;
o
To process
your payment;
o
To assess
queries, requirements, and process requests for products and services;
o
To enhance
your online shopping experience, including as a way to
recognize you and welcome you to the Site.
o
To improve
our sites, products/services, customer service, and customer shopping
experience.
o
To be able
to deliver our services, personalize content, and make suggestions for you by
using this information to understand how you use and interact with our services
and the people or things you’re connected to and interested in on and off our
services.
o
We use your
information to send you marketing communications, newsletter, communicate with
you about our services and let you know about our policies and terms. We also
use your information to respond to you when you contact us.
o
We use the
information we have to improve our advertising and
measurement systems so we can show you relevant ads on our services and measure
the effectiveness and reach of ads and services.
o
We use the
information we have to help verify accounts and
activity, and to promote safety and security on of our services, such as by
investigating suspicious activity or violations of our terms or policies.
o
We also use
your information to ensure our services are working as intended, such as
tracking outages or troubleshooting issues that you report to us. And we use
your information to make improvements to our services.
o
We use
information to help improve the safety and reliability of our services. This
includes detecting, preventing, and responding to fraud, abuse, security risks,
and technical issues that could harm Company, our users, or the public.
o
To respond
to summons, court orders, directions or other judicial
processes.
o
To provide
information to law enforcement agencies or in connection with an investigation
on matters related to public safety.
4.
Deleting
your information
Your
information and account that you create on our platform is yours. You can at
any time delete the same. However, you acknowledge that we may retain some of
the information so deleted for a reasonable period of time
in order to comply with legal requests. You can request us to delete your
information by writing to us at sales@hobisports.com
5.
Cookies and
Similar Technologies
Cookies are
bits of electronic information that a website may transfer to a visitor’s
computer to identify specific information about the visitor’s visits to other
websites. We may use automated technologies including the use of web server
logs to collect IP addresses, device details, cookies
and web beacons. The Website uses a browser feature known as a cookie, which
assigns a unique identification to your computer. However, in case you do not
wish for us to collect such information, simply change the cookie settings on
your web browser. For more information, please refer to our Cookie
Policy available on our website.
6.
Sharing of
Information
o
We share
your personal information with our third-party hosting service provider,
namely, Aspiration (www.aspirationhosting.com/).
o
Since we use
the services of third-party delivery service providers to deliver your orders,
therefore we will share some of your personal information with them, as
strictly required to fulfil your order.
o
Your payment
data is processed by third-party payment gateway service provider, namely,
Stripe (www.stripe.com/).
o
We keep your
information safe and do not share your information with any other third party.
However, if we merge with or are acquired by another company or we sell our website or business unit, or if all or a
substantial portion of our assets are acquired by another company, in those
cases, your information will likely be one of the assets that would be
transferred.
o
We may also
share your information in response to legal request. Please refer to Section
11.
7.
Storage and
Security of Information
o
Storage: Your data is stored through Aspiration’s data storage
and databases. Aspiration stores the information and data in one of its international
servers and databases located in Singapore. To read more
information on where the servers are located and how they process your data,
please refer to the policies provided on their website – www.aspirationhosting.com/.
We also store some of the information collected by us on our servers and do not
share it with any third party, except for the limited purposes as mentioned in
the Section 6. The servers and databases in which information may
be stored may be located outside the country from which you accessed this
website and in a country where the data protection and
other laws may differ (and be less stringent) from your
country of residence. You hereby consent to any such cross-border
transfer of your personal information.
o
Retention: Personal information that we collect, access or
process will be retained only so long as necessary for the fulfillment
of the purposes for which it was collected, as necessary for our legitimate
business purposes, or as required or authorized by law. Personal information
that is no longer required to fulfil the identified purposes will be destroyed,
erased or made de-identified or anonymous.
o
Steps
taken by us to protect your data: We
regularly take the following steps to protect the integrity of your
information:
§ We protect the security of your information while it is
being transmitted by using secure connection;
§ We use computer safeguards such as firewalls to keep this
data safe;
§ We only authorize access to employees and trusted partners
who need it to carry out their responsibilities;
§ We regularly monitor our systems for possible
vulnerabilities and attacks, and we carry out penetration testing to identify
ways to further strengthen security; and
§ We will ask for proof of identity before we share your
personal data with you.
d.
Security: We employ reasonable security practices to ensure that
the information is safe and secure with us. However, no information on the
internet is 100% safe, and you accept and acknowledge such risk. Also, we will
disclose the information so collected for limited purposes as mentioned in this
Privacy Policy.
8.
Links to
other sites
The Website
may contain links to third-party websites, service providers and online
services that are not owned or controlled by us, such as third-party payment
gateway service provider. We have no control over and assume no responsibility
for such websites and online services. Be aware when you leave the website; we
suggest you read the terms and privacy policy of each third-party websites,
service provider and online service that you visit.
9.
Rights of
EU, EEA and UK users
This section
of the Policy supplements the other provisions of this Privacy Policy and
applies to you if you are in the EU, the European Economic Area (EEA) or UK.
For the purposes of GDPR, your DATA CONTROLLER is Hobi Sports Sdn Bhd, bearing company number - 485411-K, and
having its registered office address at 150 & 150A, 1st Floor,
Beach Street, 10300 George Town, Penang, Malaysia.
ALL
YOUR USER INFORMATION WILL BE COLLECTED, STORED, PROCESSED AND SHARED STRICTLY
IN ACCORDANCE, IN LINE AND FULL COMPLIANCE WITH REGULATION (EU) 2016/679
(SIMPLY CALLED “GDPR”) AND DIRECTIVE 2002/58/EC (SIMPLY CALLED “E-PRIVACY
DIRECTIVE, 2002”) OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (HERINAFTER
COLLECTIVELY REFERRED TO AS THE “EU REGULATION”).
Under
applicable EU regulation, you have the following rights in respect of your
personal information:
·
Right
to obtain information: to
obtain information about how and on what basis your personal information is
processed and to obtain a copy;
·
Right
to rectification: You
have the right to have any incomplete or inaccurate information we hold about
you rectified and corrected.
·
Right
of Erasure: to
erase your personal information in limited circumstances where (a) you believe
that it is no longer necessary for us to hold your personal information; (b) we
are processing your personal information on the basis of legitimate interests
and you object to such processing, and we cannot demonstrate an overriding
legitimate ground for the processing; (c) where you have provided your personal
information to us with your consent and you wish to withdraw your consent and
there is no other ground under which we can process your personal information;
and (d) where you believe the personal information we hold about you is being
unlawfully processed by us;
·
Right
of restriction: to
restrict processing of your personal information where: (a) the accuracy of the
personal information is contested; (b) the processing is unlawful but you
object to the erasure of the personal information; (c) we no longer require the
personal information for the purposes for which it was collected, but it is
required for the establishment, exercise or defence of a legal claim or (d) you
have objected to us processing your personal information based on our
legitimate interests and we are considering your objection;
·
Right
to object: to
object to decisions which are based solely on automated processing or profiling.
·
Right
to ask for a copy: where
you have provided your personal information to us with your consent, to ask us
for a copy of this data in a structured, machine-readable format and to ask us
to share (port) this data to another data controller; or to obtain a copy of or
access to safeguards under which your personal information is transferred
outside of the EEA.
·
Right
to withdraw your consent. You
have the right to withdraw your consent on using your personal data. If you
withdraw your consent, we may not be able to provide you with access to certain
specific functionalities of our services.
·
Request
the transfer of your Personal Data. We will provide to you, or to a third-party you have
chosen, your personal data in a structured, commonly used, machine-readable
format. Please note that this right only applies to automated information which
you initially provided consent for us to use or where we used the information
to perform a contract with you.
Under
certain circumstances, you may have the right to object, on grounds relating to
your particular situation, to the processing of your
personal data by us and we may be required to no longer process your personal
data. Moreover, if your personal data is processed for direct marketing
purposes, you have the right to object at any time to the processing of
personal data concerning you for such marketing, which includes profiling to
the extent that it is related to such direct marketing. In this case your
personal data will no longer be processed for such purposes by us.
In addition
to the above, you have the right to lodge a complaint with a supervisory
authority for data protection. Please note that the right of access and the
right to erasure do not constitute absolute rights and the interests of other
individuals may restrict your right of access or erase in accordance with local
laws.
We will ask
you for additional data to confirm your identity and for security purposes,
before disclosing data requested by you. We reserve the right to charge a fee where permitted by law. We will decline to process requests
that jeopardize the privacy of others, are extremely impractical, or would
cause us to take any action that is not permissible under applicable laws.
Additionally, as permitted by applicable laws, we will retain where necessary
certain personal information for a limited period of time
for record-keeping, accounting and fraud prevention purposes.
To
make such requests, please contact us at sales@hobisports.com
10.
California
Resident Rights
This section
of the Policy applies to you, if you are a California resident, as per California
Consumer Policy Act, 2018 (simply called “CCPA”) and California
Online Privacy Protection Act (simply called “COPPA”).
This privacy notice section for California residents supplements the
information contained in our Privacy Policy and it applies solely to all
visitors, users, and others who reside in the State of California.
Categories
of Personal Information Collected
We collect
information that identifies, relates to, describes, references, is capable of
being associated with, or could reasonably be linked, directly or indirectly,
with a particular consumer or device. The following is a list of categories of
personal information which we may collect or may have been collected from
California residents within the last twelve (12) months.
Please note
that the categories and examples provided in the list below are those defined
in the CCPA. This does not mean that all examples of that category of personal
information were in fact collected by us, but reflects
our good faith belief to the best of our knowledge that some of that
information from the applicable category may be and may have been collected.
For example, certain categories of personal information would only be collected
if you provided such personal information directly to us.
·
Category A:
Identifiers.
Examples: A real name, alias, postal address, unique personal
identifier, online identifier, Internet Protocol address, email address,
account name, driver's license number, passport number, or other similar
identifiers.
Collected: Yes.
·
Category B:
Personal information categories listed in the California Customer Records
statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical
characteristics or description, address, telephone number, passport number,
driver's license or state identification card number, insurance policy number,
education, employment, employment history, bank account number, credit card
number, debit card number, or any other financial information, medical
information, or health insurance information. Some personal information
included in this category may overlap with other categories.
Collected: Yes.
·
Category C:
Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color,
ancestry, national origin, citizenship, religion or creed, marital status,
medical condition, physical or mental disability, sex (including gender, gender
identity, gender expression, pregnancy or childbirth and related medical
conditions), sexual orientation, veteran or military status, genetic
information (including familial genetic information).
Collected: Yes.
·
Category D:
Commercial information.
Examples: Records and history of products or services purchased
or considered.
Collected: Yes.
·
Category E:
Biometric information.
Examples: Genetic, physiological, behavioral,
and biological characteristics, or activity patterns used to extract a template
or other identifier or identifying information, such as, fingerprints,
faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical
patterns, and sleep, health, or exercise data.
Collected: No.
·
Category F:
Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Collected: Yes.
·
Category G:
Geolocation data.
Examples: Approximate physical location.
Collected: Yes.
·
Category H:
Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or
similar information.
Collected: No.
·
Category I:
Professional or employment-related information.
Examples: Current or past job history or performance
evaluations.
Collected: No.
·
Category J:
Non-public education information (per the Family Educational Rights and Privacy
Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student
maintained by an educational institution or party acting on its behalf, such as
grades, transcripts, class lists, student schedules, student identification
codes, student financial information, or student disciplinary records.
Collected: No.
·
Category K:
Inferences drawn from other personal information.
Examples: Profile reflecting a person's preferences,
characteristics, psychological trends, predispositions, behavior,
attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under
CCPA, personal information does not include:
·
Publicly
available information from government records
·
Deidentified
or aggregated consumer information
·
Information
excluded from the CCPA's scope, such as:
§ Health or medical information covered by the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) and
the California Confidentiality of Medical Information Act (CMIA) or
clinical trial data
§ Personal Information covered by certain sector-specific
privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley
Act (GLBA) or California Financial Information Privacy Act (FIPA), and the
Driver's Privacy Protection Act of 1994
We use the
personal information that we collect or receive for the business purposes as
described above. We may disclose the above listed categories of personal
information to third parties for business purposes as described above. As
previously mentioned in this Policy, we do not “sell” (as such term is defined
in the CCPA) personal information.
You
are entitled to the following specific rights under the CCPA in relation to
personal information related to you:
·
You have a
right to request that we will disclose certain information to you about our
collection and use of personal information related to you over the past 12 months,
including: (i) The categories of personal information
that we collect about you; (ii)The categories of sources from which the
personal information is collected; (iii) The purposes for collecting, using, or
selling that personal information. (iv) The categories of personal information
that we disclosed for a business purpose or sold, and the categories of third
parties to whom we disclosed or sold that particular category
of personal information. (v) The specific pieces of personal information that
we have collected about you.
·
You have a
right to request that we delete personal information related to you that we
collected from you under certain circumstances and exceptions.
·
You also
have a right not to be discriminated against for exercising your rights under
the CCPA.
·
You also
have a right to submit your request via an authorized agent. If you use an
authorized agent to submit a request to access or delete your personal
information on your behalf, the authorized agent must: (1) be a person or
business entity registered with the California Secretary of State to conduct
business in California; (2) provide proof of such registration; and (3) provide
documentation or other proof indicating that they are authorized to act on your
behalf. We may also require you to verify your identity directly with us, and
directly confirm with us that you provided the authorized agent permission to
submit the request.
To
make such requests, please contact us at sales@hobisports.com
We will
verify your request using the information associated with your account,
including email address. Government identification may also be required.
A
request for access can be made by you only twice within a 12-months period. Any
disclosures that we provide will only cover the 12-months period preceding
receipt of your request. We do not charge a fee to process or respond to your
verifiable User request unless it is excessive, repetitive, or manifestly
unfounded. If we determine that the request warrants a fee, we will inform you
of the reasons for such decision and provide you with a cost estimate before
processing further your request.
11.
How do we
respond to legal requests?
We may
access, preserve and share your information in
response to a legal request (like a search warrant, court order or subpoena) if
we have a good faith belief that the law requires us to do so. This may include
responding to legal requests from law enforcement agencies, courts, tribunals and government authorities. We may also access, preserve and share information when we have a good faith
belief it is necessary to: detect, prevent and address fraud and other illegal
activity; to protect ourselves, you and others, including as part of
investigations; or to prevent death or imminent bodily harm. For example, we may
provide information to third-party partners about the reliability of your
account to prevent fraud and abuse on and off of our
Services. We also may retain information from accounts disabled for violations
of our terms for at least a year to prevent repeat abuse or other violations of
our terms.
12.
Children
Privacy
Protecting
children's privacy is important to us, and therefore our Website
is not intended for children. We do not direct the Website to, nor do we
knowingly collect any personal information from, such children. If you are not
of majority (or above) as per the law of jurisdiction that applies to you, you
are not authorized to use the site without your legal guardian’s express
consent. If the Company learns that a child has provided personally identifiable
information to the Website, it will use reasonable efforts to remove such
information from its database. Please contact us at sales@hobisports.com
if you believe we knowingly or unknowingly collected information described in
this Section.
13.
How can I
withdraw my consent? (OPT-OUT)
If you sign
up or make a purchase, you will automatically start receiving promotional
emails and direct mail from us. If after you opt-in, you change your mind, you
may withdraw your consent for us to contact you, for the continued collection,
use or disclosure of your information, at any time, by contacting us at sales@hobisports.com
14.
Governing
law and Dispute Resolution
Unless
provided by the relevant statute, rules or directives
applicable to the jurisdiction in which you reside, in case of any disputes,
issues, claims or controversies arising out of or in relation to your use of
the Website, Product or our services, the governing law and dispute resolution
mechanism as provided in the Terms & Conditions shall
apply to this Privacy Policy as well.
15.
Welcoming of
suggestions
We welcome
your comments regarding this Privacy Policy. Please write to us at sales@hobisports.com
Last updated on 28 April 2022.