Privacy Policy

KOSÉ (MALAYSIA) SDN BHD PRIVACY POLICY

  1. KOSÉ (Malaysia) Sdn Bhd (hereinafter referred to as “KOSÉ”), in compliance with the Malaysian Personal Data Protection Act 2010 (“PDPA”), adopts the following Privacy Policy (“Policy”). This Policy underscores KOSÉ’s efforts and commitment in ensuring that the privacy of the personal data and information provided to us in respect of commercial transactions is maintained in accordance with the principles of the PDPA. This Policy is a legally binding document.

    Applicability 
  2. This Policy forms part of KOSÉ’s guidelines relating to the processing of personal data (including sensitive personal data) and is applicable to KOSÉ’s relationship with the persons to which the PDPA applies, including but not limited to our customers, representatives, employees, clients, investors, sponsors, suppliers, event organisers, event managers, promoters, and contractors, contractual or otherwise or other individuals not specifically mentioned. This Policy is a legally binding document to which adherence is ordinarily expected.
  3. This Policy regulates the manner by which KOSÉ collects, uses, retains, maintains and discloses personal information including names, telephone numbers, email addresses, office or residential addresses, payment details, and all such personal identification information (hereinafter referred to as “Personal Data”) from each customer or any other data provider in its record. This Policy correspondingly governs the usage of the KOSÉ website and any other social media websites operated by KOSÉ.
  4. KOSÉ’s customers and / or data providers are expected to have read and understood the terms of this Policy in its entirety. This Policy is to be read together with and forms an integral part of any contract entered into with KOSÉ.

    Personal Data 
  5. The term “Personal Data” is defined by the PDPA as including any information relating to an identified or identifiable natural person. An identifiable person is someone who can be identified, directly or indirectly, in particular by reference to an identification number or the person’s physical, physiological, mental, economic, cultural or social characteristics.
  6. Further to the generality of the terms as defined by the PDPA, Personal Data as referred to in this Policy may also relate to any natural persons, including KOSÉ’s customers, representatives, employees, customers, clients, investors, sponsors, suppliers, event organisers, event managers, promoters, and contractors, contractual or otherwise, or other individuals not specifically mentioned (collectively, “Data Subject”).
  7. KOSÉ is authorised and shall be at liberty to collect, maintain and, process the following Personal Data from a Data Subject:-
    - Personal details such as name, identity card / passport / social security number, age, gender, nationality, birthdates, residential and business addresses, social media website addresses, contact numbers, email address and such other relevant information that identifies the respective Data Subject;
    - Information about businesses, trade, or services that the Data Subject is engaged in;
    - Payment transactions - either via cheque, credit or debit card, PayPal or online bank transfers;
    - All billing records for services, inclusive of any cancellations that have been made;
    - Any such other information that are, have been or will be collected by us in future, or such information which the Data Subject provides to KOSÉ in connection to any services or contractual obligation, including data that is collected from any surveys, questionnaires, transactions or any correspondence with KOSÉ;
    - Individual personal preferences of the Data Subject such as to the language, product offered or content interest as well as mode of communication;
    - The Data Subject’s choice in regards to receiving future communication as to future events or functions or product launches hosted by KOSÉ;
    - Any enquiries, comments or messages sent to KOSÉ via KOSÉ website or any other social media websites operated by KOSÉ
    - IP address of a Data Subject who visits KOSÉ website, applies and registers for membership, sends queries or uploads posts / comments in any other social media operated by KOSÉ
  8. Notwithstanding the above, it is still permissible for KOSÉ to process your Personal Data in the absence of your consent if deemed mandatory for certain purposes including but not limited to the processing of Personal Data for the following reasons:
    - For the performance of a contract to which you are a party;
    - At your request, with a view to entering into a contract with KOSÉ;
    - For compliance with any legal obligation to which KOSÉ is subject, other than an obligation imposed by a contract;
    - To protect your vital interests; or
    - For the administration of justice; or
    - For the exercise of any functions conferred on any person by or under any law.

    Sensitive Personal Data 
  9. Sensitive Personal Data is any personal data consisting of information on your physical or mental health or condition, political opinions, religious beliefs or other beliefs of a similar nature, the commission or alleged commission of an offence or any such other information prescribed by the PDPA as Sensitive Personal Data.
  10. KOSÉ does not collect Sensitive Personal Data unless required by any applicable or relevant laws. Sensitive Personal Data should not be submitted if you do not wish for KOSÉ to collect or process such data.
  11. Nonetheless, in circumstances where Sensitive Personal Data has been submitted to us, KOSÉ will treat such Sensitive Personal Data as having been submitted with your explicit consent and on your own accord. All such Sensitive Personal Data will be treated as confidential and such data shall be subject to the terms and conditions of this Policy.

    Cookie
  12. A cookie, also known as an HTTP cookie, web cookie, or browser cookie, which is data sent from the KOSÉ website and/or other social media websites operated by KOSÉ and stored in your web browser upon your access to the KOSÉ website and/or other social media websites operated by KOSÉ. Cookies are designed to be a mechanism for the website to obtain information of your browsing activity. Cookies do not collect personal data or any such information that is related to or deemed as personal identification information.
  13. There will be certain information stored by KOSÉ when you access the KOSÉ website and/or other social media websites operated by KOSÉ. By accessing any such websites, you are deemed to have read, understood and agreed to be bound by the terms of this Policy.
  14. KOSÉ may use cookies stored in your browser for the purposes of using any information obtained for tracking, statistical analysis or for such marketing or advertising purposes including for conducting surveys.
  15. As such, if you do not wish to have your information stored, then it is your responsibility to ensure that the cookies are removed from your device including hard drives upon completion of each browsing session.

    Links / Related websites
  16. Unless otherwise stated, KOSÉ is not and shall not be held responsible in respect of access to any external links in its website or in any other social media operated by KOSÉ. You are advised that the external sites may be governed by its own privacy policy and this Policy would therefore not be applicable to such browsing activity.

    How we collect your Personal Data
  17. KOSÉ will collect Personal Data from the Data Subject when such information is submitted on your own accord. By providing such Personal Data, the Data Subject is deemed to have voluntarily consented to the processing, retaining, and dissemination of their personal data in accordance with the PDPA and the terms and conditions of this Policy herein.
  18. Generally, Personal Data from a Data Subject will be collected by KOSÉ through the following means including but not limited to:-
    - Applications for KOSÉ membership;
    - Updates received from a Data Subject with regards to their personal details or any change therein, including a change of address;
    - Enquiries and registrations for KOSÉ events or functions or product launches, or promotional events;
    - Visits to KOSÉ website and/or any of KOSÉ’s social media webpages;
    - Registrations with KOSÉ and/or its event organisers for events or functions or product launches whether online or manually;
    - Any transaction or inquiry or communication made with KOSÉ;
    - When such personal data is collected by promoters, event managers, event organisers or any associates of KOSÉ in the course of any event, function, meeting or any marketing, expansion and promotional activities; and
    - Contracts of/for service or services entered into with KOSÉ.

    Purpose of Collecting Personal Data 
  19. KOSÉ may collect, retain and process your Personal Data (including Sensitive Personal Data) for several purposes including the following:-
    - To communicate with you about membership, inquiries or other requests;
    - To respond to your queries including queries relating to KOSÉ products;
    - For administrative purposes, including but not limited to commercial transactions relating to billing and payment;
    - To monitor and improve KOSÉ’s services;
    - For direct marketing services;
    - To update and provide information on promotions and upcoming events or functions or product launches to you;
    - To conduct research, surveys and statistical analysis;
    - To send emails on updates or on any event that may be of interest to you;
    - For the performance of a contract to which you are a party;
    - For compliance with any legal obligation to which KOSÉ is subject.

    Disclosure and Sharing of Personal Data 
  20. KOSÉ has the sole and absolute discretion in sharing any Personal Data with the following third parties for certain limited purposes as it deems necessary, as follows:-
    - KOSÉ’s partners, trusted affiliates, promoters, event organisers, researches, and advertisers as part of the efforts to conduct statistical analysis of current or future global trends as well for marketing, advertising and promotional purposes of future products, and/or events;
    - Third party service providers which helps operate KOSÉ and its website; as well as all other social media websites operated for and on behalf of KOSÉ and/or administer activities on KOSÉ’s behalf, such as to send out newsletters and/or emails, to conduct text messaging blasting and/or surveys; and
    - KOSÉ’s legal representatives, accountants, auditors, consultants, promoters, event organisers and such other service providers in the conduct and administration of its affairs.
  21. KOSÉ will however not intentionally sell or disseminate Personal Data to any unauthorised third parties.
  22. By agreeing to the terms of this Policy, you are deemed to be giving and have given your unconditional consent to KOSÉ to disclose and share your Personal Data with those third parties as stated above.
  23. If you attend any of KOSÉ’s promotional events or functions or product launches, or other KOSÉ events, you are deemed to be consenting and to have consented to KOSÉ sharing your Personal Data relevant for the event in question with any of KOSÉ’s associates, affiliates or event organisers.
  24. If any associate, affiliate or event organiser is required to assist KOSÉ for payment collection and registration of attendees for KOSÉ’s event or function or other KOS event, the said associate, affiliate or event organiser shall be responsible to ensure that the Personal Data collected is processed and managed in accordance with the PDPA and that all safeguards are taken by them to ensure no breach on their part. To this end, you agree to release KOSÉ from any risks and liabilities arising from such handling of your Personal Data by the said associate, affiliate or event organiser. For avoidance of doubt, KOSÉ shall not be liable for any breach of any of terms of this Policy arising or relating to the conduct or of any action by the said associate, affiliate or event organiser.

    Transfer of Personal Data outside the jurisdiction 
  25. In certain circumstances, KOSÉ may be required to transfer your Personal Data to a country or jurisdiction outside Malaysia for the purposes for which the Personal Data is collected. In this regard, KOSÉ has the sole and absolute discretion in deciding whether to transfer your Personal Data.
  26. By acknowledging and agreeing to the terms of this Policy, you are deemed to have consented to allow KOSÉ to transfer your Personal Data to any country or jurisdiction outside Malaysia notwithstanding whether that country or jurisdiction has similar or adequate laws governing protection of personal data. KOSÉ shall not be liable for any breach of any of the personal data principles in the recipient country which receives your Personal Data.

    Your Right to Opt-Out
  27. If you do not wish to have your Personal Data shared, disclosed or transferred, you have a right to withhold your consent to such a transaction. It shall be your responsibility to inform KOSÉ by way of a written Notice in the event you do not consent to have your Personal Data shared with such third parties or to the transfer of your Personal Data outside of Malaysia. You have also the right and option to unsubscribe from KOSÉ’s mailing list if you do not want to receive any emails from KOSÉ pertaining to promotions, surveys, advertisements, statistical analysis or other related marketing material and in such event, it shall be your responsibility to notify KOSÉ in writing that you wish to unsubscribe from KOSÉ’s mailing list.
  28. Any Notice to KOSÉ required under this Policy must be in writing and send to Customer Service, KOSÉ (Malaysia) Sdn Bhd whose address is at Unit 7-01 & 7-04, Level 7, Nucleus Tower, No.10, Jalan PJU 7/6, Mutiara Damansara, 47800 Petaling Jaya, Selangor Darul Ehsan. In the event such a Notice is sent by post, it will be deemed to have been delivered effectively only if received by KOSÉ.
  29. For the avoidance of doubt, in the event you do not send such a Notice to KOSÉ, KOSÉ shall be entitled to treat your Personal Data as if you have given consent to:
    - KOSÉ to disclose, maintain, share and transfer your Personal Data for the purposes above; and
    - Be included in KOSÉ’s mailing list and agree to receive such information from KOSÉ and its affiliates, associates or any event organiser appointed by KOSÉ.

    How KOSÉ Stores and Protects your Personal Data 
  30. KOSÉ shall take all reasonable and necessary measures to ensure that all Personal Data stored in its records is secure and protected. By accepting this Policy, you are deemed to hereby agree and consent to giving KOSÉ the sole and absolute discretion determining the manner in which your Personal Data is to be stored.
  31. Measures are taken by KOSÉ, to the extent it considers to be reasonable and necessary, to ensure that your Personal Data information is secure and to prevent any loss, modification, theft or third party interference.
  32. By agreeing to the terms of this Policy, you are taken as having understood and have agreed that KOSÉ shall not be liable in the event of any unforeseen events that result if the unauthorised publication and/or unauthorised dissemination of your Personal Data.

    Retention of Personal Data
  33. Your Personal Data will be kept by KOSÉ only as long as necessary to fulfill the purpose for which it was collected. In the event Personal Data is no longer required to be used, KOSÉ, at its sole and absolute discretion may delete such Personal Data from its records, unless the retention of such Personal Data is required to satisfy legal, regulatory or accounting requirements or for any other purpose which renders the retention necessary.
  34. If you have agreed and consented to receive promotional or future marketing information from KOSÉ, its associates and its trusted affiliates, KOSÉ shall store such Personal Data in accordance to the terms of this Privacy Policy.
  35. In the event of termination or expiry of a contract or other relationship with a Data Subject:-
    - Such Personal Data of the Data Subject shall be stored in KOSÉ’s database unless the Data Subject serves a written Notice to KOSÉ requesting for such Personal Data to be destroyed and deleted from KOSÉ database;
    - KOSÉ will take reasonable measures to ensure sufficient security measures are taken to protect the Personal Data; and
    - The Data Subject has a choice as to whether they wish to receive any future correspondence from KOSÉ with regards to future marketing or promotional information.
    - It will be the responsibility of the Data Subject to inform KOSÉ as to whether they wish to remain on the mailing list. Failure to give such notice will be deemed as consent to receiving future correspondence from KOSÉ, its affiliates and associates.

    Maintaining Data Integrity 
  36. It is your responsibility to ensure that your Personal Data as well as any other Personal Data pertaining to a third party you may submit to KOSÉ is updated and accurate.
  37. In the event such information and/or Personal Data submitted is incorrect or becomes out dated, it is then your responsibility to make such corrections or to update such information by contacting KOSÉ within a reasonable time frame.

    Access to Personal Data 
  38. You may:
    - Request for a copy of the Personal Data maintained by KOSÉ;
    - Request to either update your Personal Data submitted to KOSÉ;
    - Request that KOSÉ modifies or amends your respective Personal Data in our records.
  39. In order for you to do so, you must provide KOSÉ with complete information as well as documentation to confirm your identity before any such aforesaid request can be entertained. This is necessary for verification purposes. If you are unable to provide such documentation to the satisfaction of KOSÉ, we may, at our sole and absolute discretion, deny such access or request for retrieval in order to safeguard the Personal Data.
  40. KOSÉ, at its sole and absolute discretion, may consider such request to retrieve or correct such information. In the event KOSÉ decides to reject your request, we shall provide the reasons for such rejection.
  41. It is KOSÉ’s sole and absolute prerogative to allow any changes or alterations to the Personal Data in its records to ensure the accuracy and correctness of such Personal Data.
  42. You are advised that KOSÉ shall not be responsible for any omission or delay or negligence on your part in failing to update and/or correct your Personal Data in our records.

    Acceptance 
  43. By accepting this Policy, you signify your unconditional acceptance of this Policy and will be deemed to have given your unconditional consent to KOSÉ to retain, store, disseminate, process and share your Personal Data
  44. By continuing your membership with KOSÉ, you are deemed to be bound by the rules and policies made by KOSÉ and are subject to the terms and conditions of this Policy. Your continued accessibility to the KOSÉ website and/or any social media website operated by KOSÉ will be taken as continued acceptance of any revisions to the Policy, as the case may be.

    Amendments to the Policy 
  45. Personal Data submitted to KOSÉ will be processed and maintained in accordance with the terms and conditions in this Policy as may be revised from time to time. KOSÉ, at its sole and absolute discretion, may amend any of the terms and conditions of this Policy. Should there be any amendment to this Policy the amended Policy will be made available on KOSÉ website at http://www.kose.com.my. You are therefore advised to visit KOSÉ website and/or any social media website operated by KOSÉ from time to time to obtain the latest version of the Policy. By publishing this policy on this website, we shall deem our customers and /or clients have already been notified.

    Contact Details 
  46. Should you have any queries in respect of this Policy or the practices on our website or any of our other pages in any social media website operated by KOSÉ, or with regard to your dealings with us, as well as to update us or to inform us about any corrections to your Personal Data, please contact us at: Customer Service, KOSÉ (Malaysia) Sdn Bhd whose address is at Unit 7-01 & 7-04, Level 7, Nucleus Tower, No.10, Jalan PJU 7/6, Mutiara Damansara, 47800 Petaling Jaya, Selangor Darul Ehsan.

    KOSÉ (Malaysia) Sdn. Bhd. 1st September 2020