1. Introduction to this Privacy Policy
1.1. At XyChinacity, we take your privacy seriously. We are committed to complying with all data protection/privacy laws which are applicable to us.
1.2. In the course of providing you with the Services or access to the Platform (as defined in the Terms of Use), we will be collecting, using, disclosing and/or processing data, including your personal data.
1.3. This Privacy Policy exists to keep you in the know about how we collect, use, disclose and/or process the data we collect and receive during the course of providing the Services or access to the Platform to you, our customer. We will only collect, use, disclose, and/or process your personal data in accordance with this Privacy Policy.
1.4. It is important that you read this Privacy Policy together with any other applicable notices we may provide on specific occasions when we are collecting, using, disclosing and/or processing personal data about you so that you are fully aware of how and why we are using your personal data.
1.5. BY CLICKING OR CHECKING “SIGN UP”, “I AGREE TO XYCHINACITY’S PRIVACY POLICY” OR SIMILAR STATEMENTS AVAILABLE AT THE XYCHINACITY REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DISCLOSURE AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN.
1.6. We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you, whereupon your continued use of the Services, access to the Platform or use of the Services, including placing Orders on the Platform, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy, as notified to you. Please check back frequently to see any updates or changes to this Privacy Policy.
1.7. This Privacy Policy applies in conjunction with other notices, contractual clauses, and consent clauses that apply in relation to the collection, use, disclosure, and/or processing of your personal data by us, and is not intended to override them unless we state expressly otherwise.
1.8. You can visit the Platform and browse without having to provide personal details. However, you will be required to sign up for an account if you wish to use the Services.
1.9. If you have any comments, suggestions, or complaints in relation to your personal data, please contact our Data Protection Officer through our Contact Us page.
2. Use and Disclosure of Personal Data
2.1. The personal data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (including related companies, third-party service providers and their service providers and related companies, and companies located both inside and outside your home country), for certain purposes, which include but are not limited to the following:
(a) To facilitate your use of the Services or access to the Platform, including responding to your queries, feedback, claims or disputes through our outsourced customer service agents;
(b) To process orders you submit through the Platform;
(c) Payments that you make through the Platform for products, whether sold by us, will be processed by our agent;
(d) To deliver the products you have purchased through the Platform, whether sold by us. We may pass your personal information on to a third party in order to make delivery of the product to you (for example to our courier or supplier), whether the product is sold through the Platform by us;
(e) To update you on the delivery of the products, whether sold through the Platform by us and for customer support purposes;
(f) To compare information, and verify with third parties in order to ensure that the information is accurate;
(g) To administer your account (if any) with us;
(h) To verify and carry out financial transactions in relation to payments you make online;
(i) To audit the downloading of data from the Platform;
(j) To improve the layout or content of the pages of the Platform and customize them for users;
(k) To identify visitors on the Platform;
(l) To carry out research on our users’ demographics and behavior;
(m) To provide you with information we think you may find useful or which you have requested from us, including information about our’ products and services, provided you have indicated that you have not objected to being contacted for these purposes;
(n) To allow other users to identify you via the “Find my friends” (or similar function) as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the socializing function of the Services
(o) To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to broadcast on our Platform, as part of our advertising and marketing campaigns to promote the Platform;
(p) To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
(q) To display on scoreboards on the Platform in relation to campaigns, mobile games or any other activity;
(r) To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
(s) We may also use your personal information to send you marketing or promotional materials about our’ products and services from time to time unless you choose to opt-out from receiving these materials; and
(t) We may also conduct automated-decision making processes in accordance with any of these purposes.
2.2. For the avoidance of doubt, you acknowledge and consent to XyChinacity sharing anonymized information such as but not limited to in the following circumstances:
(a) Aggregated information. We may conduct joint data analytics projects with selected third-party providers using anonymized information to predict user interests and provide users with more targeted and/or relevant information based on aggregated information about that user’s activities outside the Platform
(b) Behavioural-based advertising. We may collaborate with selected third parties using anonymized information to derive certain models that would facilitate more accurate advertising to selected users.
2.3. You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
2.4. In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes, or for the fulfilment of legal and regulatory requirements and requests.
2.5. We may share and permit the sharing of your personal data with third parties and our affiliates for any of the abovementioned purposes, including but not limited to, facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, marketing and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your personal data with them, we endeavor to ensure that the third parties and our affiliates keep your personal data secure from unauthorized access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the abovementioned purposes.
2.6. If you are located in Malaysia, we may transfer or permit the transfer of your personal data outside of Malaysia for any of the purposes set out in this Privacy Policy.
3. Security of Your Personal Data
3.1. To safeguard your personal data from unauthorized access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:
(a) Restricting access to personal data to individuals who require access;
(b) Maintaining technology products to prevent unauthorized computer access, and
(c) Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details.
3.2. If you believe that your privacy has been breached by XyChinacity, please contact our Data Protection Officer through our Contact Us page.
3.3. You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
3.4. Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your XyChinacity password to anyone. If you do share your password with others, you will be responsible for all actions taken in the name of your account and the consequences. If you lose control of your password, you may lose substantial control over your personal data and other data submitted to XyChinacity. You could also be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason or if you have grounds to believe that your password has been compromised, you should immediately Contact Us and change your password. You are reminded to log out of your account and close the browser when you are finished using a shared computer.
4. XyChinacity’s Right to Disclose Personal Data
4.1. YOU ACKNOWLEDGE AND AGREE THAT XYCHINACITY HAS THE RIGHT TO DISCLOSE YOUR PERSONAL DATA TO ANY LEGAL, REGULATORY, GOVERNMENTAL, TAX, LAW ENFORCEMENT OR OTHER AUTHORITIES OR THE RELEVANT RIGHT OWNERS, IF XYCHINACITY HAS REASONABLE GROUNDS TO BELIEVE THAT DISCLOSURE OF YOUR PERSONAL DATA IS NECESSARY FOR THE PURPOSE OF MEETING ANY OBLIGATIONS, REQUIREMENTS OR ARRANGEMENTS, WHETHER VOLUNTARY OR MANDATORY, AS A RESULT OF COOPERATING WITH AN ORDER, AN INVESTIGATION AND/OR A REQUEST OF ANY NATURE BY SUCH PARTIES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AGREE NOT TO TAKE ANY ACTION AND/OR WAIVE YOUR RIGHTS TO TAKE ANY ACTION AGAINST XYCHINACITY FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.