Foodport

Privacy Policy

Greetings, we are Foodport (“Platform”). Throughout the site, the terms “we”, “us”, “our” and “Foodport” refer to Foodport. We respect the privacy of all individuals who are using our Platform to engage the service (“Service”) as described in Terms of Use and Service.

We understand that we have responsibilities under the Personal Data Protection Act 2010 (“Act”), and we are taking these responsibilities seriously. We also recognize the importance of the personal data that you have entrusted to us, and therefore, we will properly manage, protect and process your data.

Our privacy policy (“Policy”) is designed to assist you in understanding how we collect, use, disclose, or process the personal data you have provided to us. This Policy applies to both our Consumers and Sellers (collectively “You” and “Your”). This Policy is applicable to the Service we provide. You have agreed to our Policy once you register on our Platform. 

1. USE OF YOUR DATA (PURPOSES)

We may use, collect, store, process, access, control and share your personal data or data for the following purposes (“Purposes”):- 

a) To consider and/or process your account registration with us;

b) To manage, operate, provide and/or administer your use of our Service;

c) To record your user account in terms of Consumer or Seller in our system; 

d) To enforce our terms of service or any applicable purpose related to our business; 

e) To comprehend how our Service and Platform are provided through analytics and measurement;

f) To allow us to interact and communicate with you;

g) To maintain and administer any software updates or any other updates necessary to ensure the smooth running of our Service;

h) For the purpose of identifying and verifying your user account with us;  

i) To deal with or facilitate customer service, including following up on any message or review dropped by you, dealing with or responding to any inquiries given by you or on your behalf;

j) To process your order of food or beverage through our Platform;

k) To collect payment on your behalf from the Consumer (if you are a Vendor) and remit the payment to your bank account in accordance with our Terms of Use and Service;

l) For us to charge our transaction fees in relation to our Service and Platform;

m) To provide you with our advanced data analytics;  

n) Personalize our service and make recommendations;

o) To recognize user(s) patterns;

p) To receive and process payments for any subscription plans;

q) To contact and communicate with you via voice call, text message, email, postal mail or any other method for any purpose, including but not limited to administering and/or managing your relationship with us or your use of our Service;

r) To conduct research, analysis and development activities (including but not limited to data analytics, surveys, product and service development, and/or profiling) to analyze how you use our Service, recommend services, improve our services or products, and enhance your customer experience(s);

s) To allow for audits and surveys to validate the size and composition of our target audience and understand their experiences with our Platform;

t) For advertising and marketing purposes, and in this regard, we will send you notifications about our marketing, promotional information, and materials through our Platform, even in the event that you may unsubscribe from this option; 

u) For marketing and advertising (in general) and usage to our referral program;

v) To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;

w) For accounting and auditing of our business purposes; 

x) To carry out due diligence or other screening activities in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or may have been put in place by us;

y) To prevent or investigate any actual or suspected violations of our Terms of Use and Service, fraud, unlawful activity, omission or misconduct, whether related to your use of our Services or any other matter arising from your relationship with us;

z) To respond to any threatened or actual claims asserted against us;

aa) To store, host, and back up your personal data, whether within or outside of your jurisdiction (whether for disaster recovery or other purposes); and

bb) To deal with a business asset transaction or a potential business asset transaction involving us. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation, or any other acquisition, disposal, or financing of an organization or a portion of an organization, or any of the business or asset of an organization; and/or

cc) Any other purposes for which we shall notify you on our Platform or through changes to this Policy.

2. CONSENT

Please understand that by using our service, registering your account with us, and logging in using your social media accounts (such as Google, email, Facebook, Apple, Microsoft, etc.) in order to access our service, you hereby acknowledge and agree to accept this Policy. Furthermore, you hereby give your consent to us for collecting, using, disclosing or processing your data.

3. NON-CONSENT

Providing your personal data is both compulsory and voluntary in nature for the purposes of Clause 1. If you do not consent to your data being processed by us as stated in this Policy, we regretfully request that you do not use our Service or access our Platform. 

4. CHANGES TO PRIVACY POLICY

We may amend, change, and update our Policy from time to time. Any amendments will be notified through our Platform. 

To the fullest extent permissible under applicable law, we encourage you to review this Policy frequently, and your continued use of the Services shall constitute your acknowledgment and acceptance of the changes made to this Policy. The amendments of this Policy shall automatically be binding to you, whether you review them or fail to do so. 

5. INFORMATION THAT WE COLLECT

To access and use our Service and Platform, both Consumers and Sellers are required to provide us with the necessary information and data. The data we collect includes the following:

  1. Name and Contact Information of the Consumer or Seller. This includes your first and last name, date of birth, age, gender, email address, postal address, phone number, country, and similar contact details.  
  2. Passwords and Security Information. This category includes passwords, password hints, and similar security information used for authentication and account access. 
  3. Payment Data. We collect data related to payment processing, such as your bank account information (for remitting payments to Sellers) and payment details when a Consumer or Seller uses a selected payment method on our Platform for advanced data analytics;
  4. Subscription and Licensing Data. This section covers information about your subscriptions, licenses, and other entitlements, as well as data of Sellers who subscribe to our advanced data analytics service (referred to as the ‘Subscription Service’ in our Terms of Use and Service);
  5. Data on Your Use of our Service and Platform, including interactions data:- 
    Data about your account activity, including but not limited to:- 
    • My Orders: Data about your purchase history and order activities in your account. 
    • Search History: Data about Seller’s business location and information.
    • Report Data: Data about account performance and issue reports. 
    • Troubleshooting and Help Data. Data provided when you seek assistance, including contact or authentication data, chat content, and recorded phone conversations or chat sessions with our representatives.
    • Interests and Favorites. This section pertains to data related to your interests and favorites, such as preferred Sellers, food and beverage choices, tracked food stores, and cities added for tracking food and beverage orders. Additionally, your interests and favorites may be inferred or derived from the data we collect. 
    • Voice Data. Data related to your use of voice commands or voice search for food and beverages on our Service and Platform. 
    • Text and Typing Data. This category includes data related to text input on our Service and Platform.
    • Images. Information regarding the images you upload on our Platform and any references and comments provided by other Consumers. 
    • Searches, Likes, Chats, Comments, Reviews, and Posts. Data on searches, likes, chats, comments, reviews, and posts made when using our Service and Platform, including future features like chat boxes.
    • Ratings. Data and information about the ratings you provide on posts or sent to our Platform.
  1. Social Media Account Data. Data you voluntarily provide from your linked social media accounts. 
  2. Contacts and Connections. Data about your contacts and connections when using our Platform to share information, manage contacts, communicate via our chatbox, or enhance business productivity, especially for Sellers.
  3. Social Data on Posts. Information about your interactions and reactions to posts on our Service and Platform, such as liking or disliking posts and events.
  4. Consumer Location Data. Location-related information, including Seller’s business location and aggregate consumer location data. This may include operational hours, business locations, and other content provided on our Platform;

Additionally, any extra information you provide while using our Platform and Service will be recorded by us. The data you send must be accurate and not misleading, and we may request verification if necessary. 

6. LOCATION INFORMATION AND DISABLING IT

Our provision of the Service relies on location information. The Consumer may check the Seller’s business location, and the Seller may view the Consumer’s aggregated location. The Seller’s business can be precisely located so long as the input of the location is accurate and Google Maps identifies it correctly. 

When it comes to the Consumer’s location, the Seller shall not be able to view the precise location of the Consumer. However, what will be shown is a button in an orange circle indicating that a Consumer is located in that area. The identity of the Consumer will not be known to the Seller.  

Both the Seller and Consumer are free to disable this location feature in their account settings. If there are any issues with disabling this feature, please send an email to us. However, disabling this option may significantly affect our Service. 

7. ADVANCED DATA ANALYTICS

We have recently updated our Terms of Use and Service to provide advanced data analytics for Sellers to assist them with their businesses. As a consumer, you shall agree by clicking “I agree to the changes of Terms of Use and Service” and “I agree to the changes of Privacy Notice”. This action shall constitute consent, allowing us to use our proprietary analytic model to serve one of the purposes of our data collection, which is to generate advanced data analytics for the vendor. 

8. PERSONAL DATA OF MINOR

As a parent or legal guardian of minors, please do not allow minors under your care to submit Personal Data to us. In the event that Personal Data of a minor is disclosed to us, you hereby consent to the processing of the minor’s Personal Data, and you accept and agree to be bound by this Notice, as well as take responsibility for his or her actions.    

9. HOW DO WE COLLECT YOUR INFORMATION?

We will collect your information when any of the following situations occurs: 

  1. Register your account with us;
  2. Access our service;
  3. Link your account with your social media;
  4. Communicate with us;
  5. Participate in our referral program;
  6. Share your location on our Platform;
  7. Share your content on our Platform;
  8. Process your food/beverage order on our Platform;
  9. Process payment using the Consumer’s selected payment method on our Platform;
  10. Request payment from us or when we remit payment to your account (Seller);
  11. Subscribe and make/process payment for our advanced data analytics; 
  12. Subscribe to our publications, such as newsletters;
  13. Visit or browse our Platform;
  14. Participate in any of our surveys;
  15. Respond to our marketing materials;
  16. Respond to offers or promotions;
  17. Lodge a complaint with us; and/or
  18. Provide feedback to us in any way;

The above list is not exhaustive and covers some common instances when personal data about you may be collected.

We may use ‘cookies’ or similar technology to obtain your information. This helps us understand what interests you the most and allows us to improve our Service. ‘Cookies’ are identifiers stored on your mobile device that record data, such as when and how the Services are used and the number of people who have visited the Platform. They also help us track orders, conduct data analysis, evaluate visitor statistics, and monitor usage of the Service.

You are allowed to refuse the use of ‘cookies’; however, this may affect the overall functionality of our Application. 

10. DATA REQUIRED BY LAW

There will be data that must be disclosed under legal obligation. In such cases, you acknowledge, consent, and agree that we may access, process, and disclose your information if required by law or pursuant to a court order or any governmental or regulatory authority with jurisdiction over us.

11. WITH WHOM WE SHARE YOUR DATA

As part of providing you with our Service, we may need to disclose information about you to the following parties or any relevant authority. These parties and authorities include:- 

  • Federal or state government
  • Legal Representatives and Law Enforcement agencies
  • Government Agencies
  • Regulators
  • Auditors and compliance officers 
  • Contractors, agents, service providers, and other third parties we use to support our business. These include, but are not limited to, those parties that help to process transactions or assist in providing the Service on our Platform or support our business.
  • A buyer or other successor if there is a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings in which personal data is one of the assets involved.

12. OBTAINING DATA FROM THIRD PARTY  

We also obtain data from third parties. We protect data obtained from third parties according to the practices described in this statement, as well as any additional restrictions imposed by the source of the data. These third-party sources vary over time and include: 

  1. Data brokers from whom we purchase demographic data to supplement the data we collect;
  2. Services that make our user-generated content available to others, such as local business reviews or public social media posts;
  3. Communication services, including email providers and social networks, when you give us permission to access your data on such third-party services or networks;
  4. Partners with whom we offer co-branded services or engage in joint marketing activities;
  5. Developers who create experiences through or for our Service and Platform;
  6. Third parties that deliver experiences through our Service and Platform; and
  7. Publicly-available sources, such as open public sector, academic, and commercial data sets, and other data sources.

We will only disclose your data and/or information to the above-mentioned parties and authorities if necessary and will not disclose your data and/or information to any other third party. 

13. YOUR RIGHTS TO ACCESS AND CORRECT YOUR PERSONAL DATA

You can access and correct your personal data in the account settings. In the event that the data cannot be accessed or corrected through the account settings, we can assist you in accessing and correcting your personal data held by us. If you wish to access your personal data in our possession or believe that such personal data held by us is inaccurate, incomplete, misleading or not up-to-date, you may request assistance by sending an email to us. You will need to complete a data access request form and a data correction form, which will be provided to you upon making the request. However, we retain the right to decline a data access request if:

  1. We have not been provided with sufficient information to verify the requestor’s identity;
  2. We have not been given adequate information to locate the personal data related to the data access request;
  3. The data access request involves accessing another person’s personal data;
  4. The cost or effort required to provide access is disproportionate to the risks to your privacy; 
  5. Providing access would result in a violation of a court order; and
  6. Granting access might disclose our confidential commercial information.

14. REQUEST TO WITHDRAW AND DELETE DATA

You may withdraw your consent for the collection, use, and/or disclosure, and request the deletion of your personal data in our possession or under our control by modifying it in the account settings or sending an email to us. We will process such requests in accordance with this Policy and our obligations under the Personal Data Protection Act 2010.

However, your withdrawal of consent or request for data deletion may result in us not being able to continue providing our services to you, and we may need to terminate your existing relationship with us.

15. HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will retain your personal data in compliance with this Policy for a period that is necessary to protect our interests. However, we will destroy, anonymize, and prevent access to your personal data when we have reasonably determined that:

  1. The purpose for which that personal data was collected is no longer being served by the retention of such data;
  2. Retention is no longer necessary for any legal or business purposes; and
  3. No other legitimate interests warrant further retention of such data.

We may, however, keep records up to seven (7) years so that we can respond to any complaints or disputes that may arise. Where the records are the subject of legal investigations or proceedings, we will retain the personal data for longer periods.

We may also retain your personal data for marketing purposes to provide you with information about our Service (including updates) until you choose to opt out of allowing us to process your data for marketing purposes. You may opt out by changing this in your account settings or by sending an email to us for assistance with this process.

16. DATA SHARED WITH OUR MARKETING PARTNERS 

Data may be shared with our marketing partners; however, in such a case, you are allowed to opt out. Kindly disable this in your account settings or send us an email to cease processing your data for the purpose of direct marketing.

17. HOW DO WE PROTECT AND SAFEGUARD YOUR DATA?

We will take reasonable steps to protect your data that is disclosed or provided to us. We will prevent your data from being accessed and used by unauthorized parties or third parties. As a user of our Service and Platform, you should be careful to ensure that no information, including your username and password, is compromised through accidental or intentional sharing with others. 

We will utilize our own security procedures to safeguard the accuracy and security of your personal information and to prevent unauthorized access or improper use.

18. DISCLAIMER FOR USE OF THIRD-PARTY SITE

We shall not be responsible for your actions when clicking a link to a third-party site. We cannot guarantee the security of your personal data on a third-party site, as it is beyond our control, and we will not take any responsibility for any losses, suffering, or damages that may occur when you click a link to a third party site.

19. TRANSFER OF YOUR PERSONAL DATA OUTSIDE OF MALAYSIA

In the course of business, any personal data entrusted to us will be treated with the highest standard of security, strictly in compliance with the Personal Data Protection Act 2010. Currently, we only store and process your data within Malaysia. This may include, but is not limited to, the possibility of expanding and growing our business. If such an expansion occurs, you shall consent to us transferring your data outside of Malaysia. We shall take reasonable steps to ensure that any such service providers or business partners are contractually bound not to use your personal data for any purpose other than to provide the services they are contracted by us to provide and to adequately safeguard your personal data.

20. LANGUAGE 

We have released both the Bahasa Malaysia and English versions of this Policy. In the event of any inconsistency between the English version of this Policy and its corresponding Bahasa Malaysia version, the English Version shall prevail. 

21. OUR CONTACT DETAILS AND PROCESSING

If you have any questions, comments, or suggestions about our administration of Personal Data, please contact us at [foodport.tech@gmail.com]. 

If you have sent us an email, we will reply as soon as we are reasonably able to do so.