1.1. At Kapas Living, we take your privacy seriously. We are committed to complying with all data protection/privacy laws which are applicable to us.
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.
2.1. Personal Data means any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
2.2. During the course of your use of the Platform and the provision of the Services, we may collect personal data from you, which includes but is not limited to:
(a) Identity data, such as your name, gender, profile picture, and date of birth;
(b) Contact data, such as billing address, delivery address, email address and phone numbers;
(c) Account data, such as bank account and payment details;
(d) Transaction data, such as details about payments to and from you, and other details of products and Services you have purchased from us;
(e) Technical data, such as internet protocol (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;
(f) Profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses;
(g) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform;
(h) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
(i) Biometric data, such as voice files when you use our voice search function, and facial images when you upload videos of yourself to the Platform; and
(j) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences.
2.3. During the course of your use of the Platform and the provision of the Services, we may receive personal data from you in the following situations:
(a) When you create an account with us;
(b) When you apply for any of the Services or purchase any products available on the Platform;
(c) When you use any of the features or functions available on the Platform or Services, including the recording of any user-generated content to be uploaded on the Platform;
(d) When you subscribe to our publications or marketing collaterals;
(e) When you enter a competition, promotion or survey;
(f) When you participate in any activity or campaign on the Platform;
(g) When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;
(h) When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;
(i) When a third party lodges a complaint against you or the content you have posted on the Platform;
(j) When you access or use mobile games on the Platform; and
2.5. You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes.
2.7. You may access and update your personal information submitted to us at any time as described below.
3.1. 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, third party sellers, 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 or a third party seller, will be processed by our agent;
(d) To deliver the products you have purchased through the Platform, whether sold by us or a third party seller. 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 or a third party seller;
(e) To update you on the delivery of the products, whether sold through the Platform by us or a third party seller, 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 customise them for users;
(k) To identify visitors on the Platform;
(l) To carry out research on our users’ demographics and behaviour;
(m) To provide you with information we think you may find useful or which you have requested from us, including information about our or third party sellers’ products and services, provided you have indicated that you have not objected to being contacted for these purposes;
(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 or third-party sellers’ 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.
3.2. For the avoidance of doubt, you acknowledge and consent to Kapas Living sharing anonymised 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 anonymised 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 anonymised information to derive certain models that would facilitate more accurate advertising to selected users.
3.3. 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.
3.4. 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 fulfilment of legal and regulatory requirements and requests.
3.5. 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 endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised 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.
4.1. You may communicate the withdrawal of your consent to the continued use, disclosure and/or processing of your personal data including personal data relating to others who may be identified from that personal data for any of the purposes and in the manner as stated above at any time, by contacting our Data Protection Officer through the page.
4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure or processing of your personal data for the purposes and in the manner as stated above, we may not be in a position to continue to provide the Services to you or perform on any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
5.1. It is important that the personal data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.
5.2. You can update your personal data anytime by accessing your account on the Platform. If you are unable to update your personal data through your account, you can do so by contacting us through our page.
5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
6.1. If you would like to request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed or processed by us within the past year, please contact our Data Protection Officer through our page. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.
6.2. We reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.
6.3. We will respond to your request as soon as reasonably possible. If we are unable to respond to your request within twenty-one (21) days from the date of your request, we will inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).
7.1. To safeguard your personal data from unauthorised 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 unauthorised computer access; and
(c) Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details.
7.3. 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.
7.4. Your password is the key to your account. Please use unique numbers, letters and special characters, and do not share your Kapas Living 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 Kapas Living. 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 and change your password. You are reminded to log out of your account and close the browser when you are finished with using a shared computer.
8.1. We will only retain your personal data for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
8.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.
8.3 All emails collected will be shared with 3rd party for the sole purpose of customer’s order confirmation and customer service.
9.1. Kapas Living does not sell products for purchase by children under 18 years of age, nor does it intend to provide any of the Services or the use of the Platform to children under 18 years of age. We do not knowingly collect any personal data relating to children under 18 years of age.
9.4. We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.
10.2. When you visit the Platform through your computer, mobile device, or any other device with internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website. This data may include:
(a) Your computer or device’s IP address;
(b) Browser type;
(c) Webpage you were visiting before you came to the Platform;
(d) The pages within the Platform which you visit; and
(e) The time spent on those pages, items and data searched for on the Platform, access times and dates, and other statistics.
10.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide.
10.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalise the content to match your preferred interests more quickly, and to make the Services and the Platform more convenient and useful to you.
10.5. You may be able to manage and delete cookies through your browser or device settings. For more information on how to do so, visit the help material of your browser or device.
10.6. Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.
11.1. YOU ACKNOWLEDGE AND AGREE THAT KAPAS LIVING 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 KAPAS LIVING 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 KAPAS LIVING FOR THE DISCLOSURE OF YOUR PERSONAL DATA IN THESE CIRCUMSTANCES.
2. USE OF THE PLATFORM AND/OR SERVICES
2.2 Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the vendor and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
2.3 Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Kapas Living shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
2.4 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.5 We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any an authorised user to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
3. USER SUBMISSIONS
3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
4. TRADEMARKS AND COPYRIGHTS
4.1 All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
4.2 No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. LIMITATION OF RESPONSIBILITY AND LIABILITY
5.1 The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Kapas Living of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
5.2 Without limiting the foregoing, Kapas Living does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
5.3 Kapas Living and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.4 Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.
6.1 For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7. APPLICABLE LAW AND JURISDICTION
8.2 Notwithstanding the foregoing, Kapas Living reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Kapas Living Payment Protection Policy
1.1 Protection against Unauthorized Transactions.
Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your Kapas Living Account. If you authorize someone to access your Account by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.
1.2 Notify Kapas Living
a. You should immediately notify Kapas Living if you believe there has been an Unauthorized Transaction or unauthorized access to your Kapas Living Account. To be eligible for compensation under this Policy, you must notify us within 30 days from the date an Unauthorized Transaction first appears in your account.
b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction.
c. If an Unauthorized Transaction appears in your account, please contact Kapas Living Customer Service through the contact us page. You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. Kapas Living will only initiate an investigation upon receipt of all information/documents.
1.3 Actions taken by Kapas Living upon receipt of notification
a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following:
(a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction.
(b) Kapas Living will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us.
(c) We will inform you of our decision once we complete the investigation.
b. If we determine that the Unauthorized Transaction is one which qualifies for Kapas Living Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below:
c. If we determine that the Unauthorized Transaction is one that does not qualify for Kapas Living Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.
1.4 Scope of protection
a. The following types of transactions are excluded from the scope of coverage of our Kapas Living Payment Protection Policy:
(a) Disputes on genuine transactions, such as non-receipt of the item you have purchased;
(b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have wilfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account;
(c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions;
(d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond Kapas Living’s reasonable control;
(e) Where the Unauthorized Transaction took place as a result of any terminal or system being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc, which you were aware before the Unauthorised Transaction took place;
(f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or
(g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer.