Privacy Policy and Statement
Whoop App Sdn. Bhd. (hereinafter known as “Whoop” or “us” or “we” or “our”) is committed to ensuring that your privacy is protected. In the event we require you to provide certain information by which you can be identified when using this Whoop Website, then we will ensure you that such information will only be used in accordance with this privacy policy and statement (“Privacy Policy”). This Privacy Policy sets out how the Whoop and its Related Companies uses and protects any information that is provided by all individual and persons who is the subject of the personal data whom information is collected, stored and processed by Whoop or its Related Companies (hereinafter known as “you” or “your”). For the avoidance of doubt, kindly note that this Privacy Policy is applicable only if you are a natural person / an individual.
This Privacy Policy shall be read together with the ‘Terms and Conditions’ of this Programme available at this the Whoop Website If you do not accept the Terms and Conditions (including any changes), please discontinue your access to this Programme. Whoop reserves the right to change, amend, vary, update or substitute any portion of this Privacy Policy from time to time without any prior notice. Kindly check our Whoop Website and Terms and Conditions for the most updated version of the Privacy Policy.
All capitalised terms in this Privacy Policy are defined at the ‘Definition’ section set out at the end of this document. Whoop may change this Privacy Policy from time to time by updating this page. You should check this page from time to time to ensure that you are updated with any changes.
1. Collection of Personal Data
(a) In developing, programming and providing the Programme and performing our Business, we may collect your personal data as defined under the Act including but not limited to the following information that you have or will provide:
(i) personal particulars including but not limited to your name, age, race or date of birth;
(ii) contact information including but not limited to your address, phone number and email address;
(iii) banking and credit card information;
(iv) details and information of Facebook account, Gmail account or any other social media or email accounts for the purpose of setting up a User Account; and
(v) other personal information relevant to advertising, customer surveys, statistical analysis and/or promotions.
(collectively, hereinafter referred to as “Personal Data”.)
(b) We may collect your Personal Data directly from you including but not limited to the following:-
(i) when you enter, use, download, browse, click on or register with our Programme or Membership Account;
(ii) when you communicate with us, our Related Companies or our Representatives (for instance when you submit a survey form to us, or when you share or leave your comments on our Whoop Website or Whoop App or at our Business premises or when you contact us for any enquiries);
(iii) when you engage us or our Related Companies for the Business and/or register your interest or request for information of the Business (through any available channels);
(iv) when you participate in any of our surveys or feedback or respond to any marketing materials sent by us, our Related Companies or our Representatives (whether in hard copy, verbally or electronically);
(v) when you commence a business relationship with us or our Related Companies (for example, as a supplier/service provider/business partner);
(vi) when you are in a job application process to become our or our Related Companies’ employee or become employed by us or our Related Companies; and
(vii) when you lodge any complaint with us, our Related Companies or our Representatives.
(c) Other than Personal Data obtained from you directly, we may also obtain your Personal Data from third parties that we deal with or are connected with you (for instance in the case of an employee, your previous employer or in the case of a supplier, your financial institutions) including from such other sources where disclosure of your Personal Data is consented by you and/or where otherwise lawfully permitted.
(d) Further, kindly note that by using our Whoop Website, we may collect your Personal Data particularly via your IP address which is used to help identify you including your membership information and your demographic information. Your IP address helps us or our service provider diagnose problems with our server, and to administer our Whoop Website. Personal Data may also be collected from the use of cookies. Please refer to the section below on the ‘Use of Cookies’ for further information.
(e) Whoop may also collect statistics about the behaviour of visitors to its websites. Whoop may display this information publicly or provide it to others.
2. Use and Purpose of Your PERSONAL DATA
(a) With your consent, your Personal Data that you have provided or will provide to us (or our Related Companies or our Representatives) will be collected, obtained, recorded, stored, retained and processed by us, our Related Companies or our Representatives or on our behalf for various purposes including but not limited to the following purposes:-
(i) performing the Business and to communicate with you about our Business, enquiries on the Business and any other related or non-related requests;
(ii) for preparing any document or instrument which may be required for the purposes set out in sub-paragraph (i) above and such other ancillary work in connection with sub-paragraph (i) above, including but not limited to preparing the necessary contract or agreement or instrument to which you are a party or a party having interest in the matter(s);
(iii) for the our internal processes, billing, invoicing, registration, renewals, appeals, complaints, research and development, administrative purposes or any other purpose relating to the Business;
(iv) carrying out the obligations and/or transactions that you have requested, agreed or authorised us and/or our Representatives to do, if any;
(v) delivery of notices and/or marketing and advertising materials whether or not related to the Business including providing you information about our past, current and/or future Business, promotional materials, season greeting cards, newsletters, articles, write-ups, updates, policies or events;
(vi) requesting additional information or feedback from you about the Business including conducting surveys, statistical analysis or research in relation to the Business;
(vii) compliance with our obligations under law or any regulations imposed by regulatory or governmental authorities;
(viii) in order to protect the vital interests of another person, in a case where your consent or consent on your behalf has been unreasonably withheld;
(ix) for the administration of justice, to obtain legal advice or to establish, exercise or defend legal rights in any legal proceedings; and/or
(x) such other purposes which may be required by us from time to time
(collectively, the “Purpose”).
(b) As soon as practicable (in any case before we use the personal data other than for the purpose the Personal Data was collected), we shall by written notice inform you:-
(i) that your Personal Data is being processed by us or on our behalf;
(ii) the purposes for which the Personal Data is being or is to be collected and further processed;
(iii) of any information available to us as to the source of that Personal Data;
(iv) of your right to request access to and to request correction of the Personal Data and how to contact us with any inquiries or complaints in respect of the Personal Data;
(v) of the class of third parties to whom we disclose or may disclose the Personal Data;
(vi) of the choices and means that we offer to you for limiting the processing of the Personal Data;
(vii) whether it is obligatory or voluntary for the you to supply the personal data; and
(viii) where it is obligatory for you to supply the personal data, the consequences if you fail to supply the personal data.
(c) Kindly note that you may, by notice in writing withdraw your consent to the processing of your personal data at any time. Whoop and its Related Companies shall, upon receiving such notice cease the processing of your Personal Data.
3. TRANSFER OF PERSONAL DATA OUTSIDE MALAYSIA
(a) We may be required to transfer your Personal Data outside Malaysia if, for instance:-
(i) any of our service providers or strategic partners (“overseas entities”) who are involved in providing part of the Business are located in countries outside Malaysia;
(ii) you use the Whoop Website from a country other than Malaysia; or
(iii) requested by any other authority or regulatory bodies or organisation outside Malaysia.
(b) In such circumstances, you consent to us transferring your Personal Data outside Malaysia. To the extent practicable, reasonable steps will be taken to ensure that any such overseas entities are contractually bound not to use your Personal Data for any reason other than to provide the services or product they are contracted to provide.
4. Security OF PERSONAL DATA
(a) When processing Personal Data, we will ensure practical steps are taken to protect your Personal Data from any loss, misuse, modification, unauthorised access or disclosure, alteration or destruction.
(b) To the best of our ability, we have put in place suitable practical measures to safeguard and secure the information that we collect from you. We will only disclose Personal Data to our Representatives only on a need to know basis and our Representatives are required to maintain confidentiality of such Personal Data.
5. Retention of Personal Data
(a) Whoop and/or its Related Companies shall keep records of the Personal Data for as long as the necessary processes for the Purpose is required. However, in line with the retention principle under the Act, we will not keep the Personal Data processed for any Purpose for any period longer than is necessary for the fulfilment of that Purpose.
(b) Where possible, we shall endeavour to take reasonable steps to ensure that all Personal Data is destroyed or deleted if it is no longer required for the Purpose for which it was to be processed.
6. YOUR Access to Information and Correction of Personal Data
(a) You shall be responsible to ensure that all Personal Data provided to and processed by Whoop or its Related Companies are accurate, complete, not misleading and updated. In the event you may need to provide us with Personal Data relating to third parties, you confirm that you have (i) obtained their consent or otherwise entitled to provide their Personal Data to us and for us to use accordingly, and (ii) informed them to read this Privacy Policy at our Whoop Website.
(b) However, in the event you discover that any of your Personal Data is inaccurate, incomplete, misleading or not updated in whole or in part, you may in accordance with our internal procedures request in writing for access to be given and correction to be made to your Personal Data held by Whoop or its Related Companies (please refer to our contact details in the relevant section below). We will use reasonable efforts to comply with your request to access or correct your Personal Data within the time period as required by law (if any) after receiving your request and the relevant processing fee.
(c) Kindly note that, in accordance with the Act, we and/or our Related Companies may refuse to comply with your data access request under certain circumstances as prescribed under the Act including the following situations:-
(i) we and/or our Related Companies are not supplied with such information as we or our Related Companies may reasonably require in order to satisfy ourselves as to your identity as the requestor or a relevant person; or
(ii) we and/or our Related Companies are not supplied with such information as we and/or our Related Companies may reasonably require to locate the personal data to which the data access request relates;
(iii) the burden or expense of providing access is disproportionate to the risks of your privacy in relation to the Personal Data in question;
(iv) we and/or our Related Companies cannot comply with the data access request without disclosing personal data relating to another individual who can be identified from that information, unless—
(A) that other individual has consented to the disclosure of the information to the requestor; or
(B) it is reasonable in all the circumstances to comply with the data access request without the consent of the other individual;
(v) any other data user controls the processing of your Personal Data in such a way as to prohibit the us or our Related Companies from complying, whether in whole or in part, with the data access request;
(vi) providing access would constitute a violation of an order of a court;
(vii) providing access would disclose confidential commercial information; or
(viii) such access to your Personal Data is regulated by another law.
7. Right to prevent processing for purposes of direct marketing
(a) Except where otherwise requested or notified by you, we or our Related Companies may use your Personal Data for the purpose of Direct Marketing and we or our Related Companies may use your Personal Data to send promotional information about third parties which we believe may be of interest to you.
(b) However, you may at any time by written notice to us require us to cease or not to begin processing your Personal Data for purposes of Direct Marketing. Please refer to our contact details in the relevant section below.
8. Use of cookies
(a) Our Whoop Website may use cookies, a small file which is placed on the hard drive of your computer, mobile phone, tablet or any other electronic mediums whereby with your consent the file is added and such file helps analyse web traffic or your history of visiting a particular website as well as gathering and remembering information about your preferences. We may use cookies to help us analyse data about web page traffic and improve our Whoop Website in order to tailor it to user’s needs.
(b) While most web browsers automatically accept cookies, please note that you may choose to accept or decline cookies by modifying your browser setting to decline cookies. However, this may prevent you from taking full advantage of the Whoop Website.
9. Links to other websites
(a) For ease of browsing, we may include links in our Whoop Website or Whoop App to enable you to visit other third parties’ websites. Once you have clicked on these links, you will leave our Programme and we may no longer have control such other websites.
(b) Where you have left our Programme for another link, this Privacy Policy shall no longer be applicable and Whoop and/or our Related Companies shall not be responsible for the privacy and the protection of any information including your Personal Data. Such other website may have its own applicable privacy policy and you should read such privacy policy to determine how your Personal Data is dealt with.
10. Our Contact Details
If you have any questions, concerns, complaints or requests in respect of this Privacy Policy or your Personal Data including to limit the processing of your Personal Data or to access and request for correction of your Personal Data, please do not hesitate to contact us at support@whoop.com.my
11. DefinitionS and interpretation:
“Act” means the Personal Data Protection Act 2010 including regulations, orders, notifications and other subsidiary legislation made under the Personal Data Protection Act 2010;
“Business” means the business of developing, programming, administering and running a contest, samples, promotional and loyalty programme via an online application platform under brand ‘Whoop’ and any other Whoop brand and intellectual property rights and the provision of all other related services in connection with such business
“Direct Marketing” means the communication by whatever means of any advertising or marketing material which is directed to particular individuals;
“Programme” is then defined as “a contest, samples, promotional and loyalty programme developed, programmed, and/or managed by Whoop or its Related Corporation which is accessible on or through the Whoop Website (as defined below) and the Whoop App.
“Personal Data” has the meaning ascribed to it in section 1(a) above;
“Purpose” has the meaning ascribed to it in section 2(a) above;
“Related Companies” means Whoop’s related corporations, holding companies, associated companies, subsidiaries companies, affiliates, branches or business partners;
“Representatives” means employees, directors, officers, representatives, associates, affiliates, agents, advisers, auditors, financiers, insurers and service providers of Whoop and its Related Companies;
“Membership Account” means a user account with Whoop registered by you via the Whoop Website or Whoop App by registering using your user identification and password;
“Whoop App” means the Whoop mobile application which is downloadable via the relevant online application stores;
“Whoop Website” means: (a) www.whoop.com.my and/or direct subdomains, subpages, redirected subdomains, subpages, mobile applications and any other web display pages directly and indirectly correlated to www.whoop.com.my; and
(b) any other website, domain, subdomain, webpage, subpage or mobile applications which has been set up, and/or is being maintained or operated, by Whoop or any of its Related Companies (as defined below) which replaces or is intended to replace or substitute any of www.whoop.com.my;
which provides, hosts and maintains all the information and contents provided by Whoop and/or its Related Companies.
The schedules and the appendix (if any) shall form part of this Privacy Policy.