As of 15th January 2024
This Privacy Policy applies for Kenangan Coffee Application and other applications or websites relating to Kenangan Brands or products (the “Application”) that lead the User to this Privacy Policy. Kenangan Group (“Kenangan Coffee, or “We”) builds the Application as a business purposes application and the Application is meant to be used as is.
This Privacy Policy is used to inform User concerning Kenangan Coffee’s policy in relation with the collection, use, storage, ownership and disclosure of Personal Information if anyone decides to use Kenangan Coffee’s Services and Application.
If the User chooses to use Kenangan Coffee’s Services and Application, then User acknowledges that the User has read and understood this Privacy Policy and agrees to all its terms. In particular, the User agrees and gives consent to Kenangan Coffee to collect, use, share, disclose, store, transfer, or process the User's Personal Information in accordance with this Privacy Policy.
This Privacy Policy is effective on the date stated in the Privacy Policy. Kenangan Coffee may change, add, remove, revise and/or update this Privacy Policy at any time by posting the revised Privacy Policy in the Application, where if there is a material change, Kenangan Coffee will change the date at the top of this Privacy Policy; and the User hereby waives any rights that the User may have to receive specific notices of such changes or modifications. Therefore, Kenangan Coffee advises the User to review this Privacy Policy page from time to time to see if there are any changes thereto. Such changes are effective immediately upon posted in the Privacy Policy page and the User’s continued use of the Application after such changes are posted constitutes acceptance of the User to the revised Privacy Policy.
Please read this Privacy Policy carefully to ensure that the User understands how data is processed at Kenangan Coffee. The terms used in this Privacy Policy have the same meaning as those in the Application (as relevant) (the “Terms and Conditions”, which expression shall include any changes and variations thereto from time to time), which may be accessed through the Application unless stipulated otherwise in this Privacy Policy.
Collection of Personal Information
When the User uses Kenangan Coffee Application, or visits a Kenangan Coffee outlet, Kenangan Coffee may collect information concerning the User and the Services that the User use (the “Personal Information”). The Personal Information may include, but is not limited to, details of User’s personal identification such as first name and surname, user name, password, address, e-mail address, phone or mobile number, financial account information such as credit card or bank account number, birth date and city, demographic information and device data (such as User’s Android ID number). Kenangan Coffee may also collect certain additional Personal Information, among others, as follows:
1. domicile information for promotional purposes or other purposes designated by Kenangan Coffee from time to time;
2. User’s transactions in Kenangan Coffee outlet and in the Application, including what products purchased by the User, how often User makes purchases, and any loyalty or promotional program relating to purchases, the User’s subscription process, the User’s participation process in any event held through the Application, to process and manage the User’s loyalty points; to respond to any questions and requests for concerning the User’s customer service; to post User’s comments or statements on the Kenangan Coffee website; to send User personalized promotions and offers; to detect, prevent, and investigate security breaches or frauds; to develop, improve, and provide products and Services in order to provide User with better experience;
3. (in case of any errors whatsoever in the Application) Kenangan Coffee shall collect data and information (through Third Party products) in the User’s mobile phone called “Data Log”. Such Data Log may include information such as the Internet Protocol (“IP”) address for the User’s device, the name of the device, the operation system version, the configuration of the Application when using Kenangan Coffee’s Services, the time and date of Service use by the User, and other statistics; and/or
4. the location of the User’s device, including GPS location, for the purpose of improving and/or facilitating Kenangan Coffee Services and activate the functions of its websites or application in order to provide User with information concerning Kenangan Coffee outlets located near the User, to allow long-distance ordering, and to allow remote payment of Kenangan Coffee products and services.
Some of the above Personal Information that we collect is sensitive in nature. We collect this information only with your consent and/or in strict compliance with applicable laws. The Personal Information collected by Kenangan Coffee shall be stored by it and used as described in this Privacy Policy.
Kenangan Coffee may also collect User’s Personal Information from Third Party (including Kenangan Coffee’s agents, vendors, suppliers, contractors, partners and any others who provide services to Kenangan Coffee, who collect User’s Personal Information and/or perform functions on behalf of Kenangan Coffee, or whom Kenangan Coffee collaborate with).
The Application may use Third Party services that may collect information used to identify the User.
In circumstances where User provides Kenangan Coffee with Personal Information relating to other individuals (such as Personal Information relating to User’s spouse, family members, friends, or other parties), User represents and warrants that User has obtained such individual’s consent for, and hereby consent on behalf of such individual to, the collection, use, disclosure and processing of his/her Personal Information by Kenangan Coffee. To the extent that the Personal Information concerns a minor, his or her parent or legal guardian hereby consents to the processing of the minor’s Personal Information and agrees to be bound by this Privacy Policy.
Use of Personal Information
In addition to the other purposes of using Personal Information as set out in this Privacy Policy, Kenangan Coffee collects the Personal Information and may use the collected Personal Information for the following purposes or other purposes designated by Kenangan Coffee and permitted by prevailing laws and regulations (the “Purpose of Use”):
1. Maintain, develop, test, improve, and personalize the Application to meet the needs and preferences of the User;
2. Monitor, research and analyze User’s activity, behavior and demographic data including habit and usage of various services available on the Application;
3. Identify and register User and to administer, verify, deactivate, or manage User’s account;
4. Process and facilitate orders and payment transactions made by the User, including where applicable, transactions made through any payment card or account available over the Application;
5. Notify User of any transaction, activities, purchaser, program and services occurred within the Application or other system linked to the Application;
6. Send User direct or targeted marketing communications, advertisement, surveys, and information on special offers or promotions;
7. Process or manage benefits, rewards, achievements, membership levels (including Kenangan Points and Kenangan Loyalty) earned by the User;
8. Provide User with the security information on product security and notify product recalls (if any);
9. Post User’s comments or statements on Kenangan Coffee website;
10. Detect, prevent or investigate security breaches or fraud;
11. Facilitate the function of the website or Application, including linking of account and/or wallet, if the User performs or activates the linking of accounts and/or wallets between User Account and Third Party platforms;
12. Communicate with User and send User information in connection with the use of the Application;
13. Process and respond to the questions and suggestions received from the User;
14. Store any Personal Information in cloud storage platform or other storage platform owned by Kenangan Coffee or Third Party within or outside Malaysia;
15. Notify User of any updates to the Application or changes to the provided Services; and/or
16. Offer or provide services from affiliates of Kenangan Coffee or Third Party who work with Kenangan Coffee.
Kenangan Coffee may also use Personal Information of User more general for the following purposes:
1. Monitor usage of the Application and administer, support and improve the performance efficiency, growth, user experience and the functions of the Application;
2. Provide assistance in relation to and to resolve any technical difficulties or operational problems with the Application or the Services;
3. Generate statistical information and analytics data for the purpose of testing, research, analysis, product development, commercial partnership, and cooperation;
4. Prevent, detect and investigate any prohibited, illegal, unauthorized or fraudulent activities;
5. Facilitate business asset transactions (which may extend to any mergers, acquisitions or asset sales) involving Kenangan Coffee and/or any of its affiliates; and
6. Enable Kenangan Coffee to comply with obligations under any prevailing laws and regulations, including but not limited to, responding to regulatory enquiries, investigations or directives, complying with regulatory filing, reporting, and licensing requirements, and conducting audit checks, due diligence and investigations.
Kenangan Coffee may create, use, license or disclose Personal Information, provided, however, (i) that all identifiers have been removed such that the data, alone or in combination with other available data, cannot be attributed to or associated with or cannot identify any person, and (ii) that has been combined with similar data such that the original data forms a part of a larger data set.
If Kenangan Coffee has requested User’s consent to processing and the User later choose to withdraw it, Kenangan Coffee will respect that choice in accordance with Kenangan Coffee’s legal obligations. However, choosing not to share User’s Personal Information with Kenangan Coffee, withdrawing User’s consent to Kenangan Coffee’s use of User’s or to User’s agreement with Kenangan Coffee’s Privacy Notice could mean that Kenangan Coffee is unable to perform the actions necessary to achieve the Purpose of Use or that User is unable to make use of the Application or the Services.
After the User has chosen to withdraw User’s consent, Kenangan Coffee may be able to continue to process User’s Personal Information to the extent required or otherwise permitted by applicable laws and regulations.
Disclosure of Personal Information
By using the Services in the Application, User hereby agree that Kenangan Coffee may share Personal Information between companies in the group of Kenangan Coffee, disclose, provide access to or share Personal Information with the Service providers, individuals and other parties (including agents, vendors, suppliers, contractors, partners, financial parties or institutions (this includes payment processors and facilitators) and other parties providing services to Kenangan Coffee or User, performing tasks on behalf of Kenangan Coffee, or parties with whom Kenangan Coffee has commercial cooperation) (the “Third Party”) for the Purpose of Use, the following purposes or other purposes as regulated in this Privacy Policy or as permitted by prevailing laws and regulations:
1. To facilitate Kenangan Coffee’s Services, provide Services on behalf of Kenangan Coffee (including those performed by Third Party service providers);
2. To assist Kenangan Coffee in analyzing how the Kenangan Coffee’s Services is used;
3. To process transactions or User activities in the Application in the context of cooperation between Kenangan Coffee and the Third Party, which may include, among other things, allowing the Third Party to introduce or offer products or services to the User, authenticate User or connect User with an Account or carry out other activities including marketing, research, analysis, research, product development or other purposes as determined in the collaboration between Kenangan Coffee and Third Party. However, the Third Party is obligated to not to disclose or use such User's Personal Information for purposes other than those agreed with Kenangan Coffee;
4. For purposes as stated in the prevailing government policies, regulations or laws (if instructed, requested, required or permitted by the authorised government);
5. For purposes specified in prevailing laws and regulations (including but not limited to respond inquiries regarding regulations, investigations or guidelines, or comply with statutory filing and reporting requirements pursuant to the laws) and if so required or authorized by prevailing laws and regulations;
6. For the purposes of any legal process between the User and Kenangan Coffee, or between the User and other parties, in connection with, or in connection with the Services;
7. For the purposes of a merger, sale of company assets, consolidation or restructuring, financing or acquisition transactions of all or part of the Kenangan Coffee’s business or its affiliates by or to another company (even if the transaction is subsequently discontinued); and/or
8. For any other purposes Kenangan Coffee will notify User when obtaining User’s consent.
In circumstances related to the User's health or public interest, Kenangan Coffee may share Personal Information with the authorised government and/or other institutions that may be appointed by the authorised government or have cooperation with Kenangan Coffee, for the purpose of contact tracing, supporting initiatives, policies or government programs, public health and other purposes as reasonably necessary.
The Personal Information provided by the User to Kenangan Coffee, if required, be disclosed to the following class of third parties:
1. Kenangan Coffee’s parent, head office, or subsidiaries within or outside Malaysia;
2. government agencies and selected parties within or outside Malaysia;
3. regulatory bodies, government bodies or other authorities if required or authorized to do so to discharge any regulatory function under any law or in relation to any order or judgment of a court;
4. any person to whom Kenangan Coffee is compelled or required to do so under the law; and/or
5. Kenangan Coffe’s shareholders.
For the avoidance of doubt, Kenangan Coffee shall not sell or use Personal Information from the User for commercial purposes other than as stated above.
International Transfer of Personal Information
Subject to the applicable privacy law, the User’s Personal Information may be transferred to, stored, or processed outside of User’s country for one or more of the Purpose of Use. The User agrees and gives consent to Kenangan Coffee to transfer the Personal Information outside of User’s country to the Third Party, including any future transfer of Personal Information by Kenangan Coffee.
When Kenangan Coffee transfers User’s Personal Information to the outside of User’s country, Kenangan Coffee will comply with its legal and regulatory obligations in relation to User’s Personal Information and putting appropriate safeguards in place to ensure an adequate level of protection for the Personal Information. Kenangan Coffee will also ensure that the recipient in the relevant country is obliged to protect User’s Personal Information at a standard of protection comparable to the protection under applicable privacy laws.
Personal Information Security
Confidentiality and security of User’s Personal Information is the most important thing for Kenangan Coffee. Kenangan Coffee protects User’s Personal Information using technical, physical, and administrative security steps in order to reduce the risk of loss, misuse, unauthorized access, reveal, or modification of Personal Information, including:
1. When User sends highly sensitive information (such as credit card number) through the Kenangan Coffee Application, Kenangan Coffee encrypts the transmitted information by following advice of Secure Sockets Layer (SSL) protocols.
2. Kenangan Coffee reviews its information collection, storage and processing practices, including physical security measures to prevent unauthorized access to Kenangan Coffee’s system.
3. Kenangan Coffee restricts access to Personal Information to Kenangan Coffee employees, contractors, and agents who need that information in order to process it. Anyone with this access is subject to strict confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Even though Kenangan Coffee uses security technologies and processes to help protect User’s Personal Information, there is no internet transmission process or electronic storage method that is 100% (one hundred per cent) safe for use or guarantee that such Personal Information will not be intercepted, accessed, disclosed, altered or destroyed by unauthorized third parties, due to factors beyond Kenangan Coffee's control. Therefore, Kenangan Coffee cannot guarantee absolute security. The User is responsible for maintaining the confidentiality of the User’s Account details, including the User's password and must always maintain and be responsible for the security of the device that the User uses.
Retention and Deletion of Personal Information
The User understands and acknowledges the following:
1. Personal Information collected from the User may be stored, transferred or processed by Third Party service providers in or outside of Malaysia. Kenangan Coffee shall use all reasonable efforts to ensure that all such Third Party service providers to provide a level of protection commensurate with Kenangan Coffee's commitments under this Privacy Policy.
2. Kenangan Coffee stores User's Personal Information for the period necessary to satisfy the Purpose of Use, or other purposes described in this Privacy Policy or permitted by prevailing laws and regulations unless a longer storage period is required or permitted by law. Once a User's Personal Information is no longer required for the Services, Purpose of Use, or other purposes, or Kenangan Coffee no longer has a legal or business purpose for storing Personal Information, Kenangan Coffee takes steps to delete, destroy, anonymize or prevent access to or use of such Personal Information for any purpose other than compliance with this Privacy Policy, or for the purposes of safety, security, fraud prevention and detection, in accordance with the prevailing laws.
3. User understands that some Personal Information may be stored by other parties including government institutions in certain ways. If Kenangan Coffee shares Personal Information with authorized government institutions and/or other institutions that may be appointed by the authorized government or have cooperation with Kenangan Coffee, the User agrees and acknowledges that the storage of Personal Information by the relevant institution shall follow the respective data storage policies from the said institutions.
The User can delete Personal Information whenever he/she likes, among others, by visiting the “Me” tab, clicking “Edit Profile” and then “Delete Kenangan Coffee Account” sections in the Application. The User is also required to follow steps and requirements to delete and remove Personal Information in the Application, namely, by confirming the Terms and Conditions, Privacy Policy, User’s PIN and verification through One Time Password (OTP). When the User deletes Personal Information and account, Kenangan Coffee will make sure that the User’s Personal Information is safely and completely removed from Kenangan Coffee’s servers or retained only in anonymized form.
The User must understand and acknowledge that after such deletion of Personal Information and account, the User may no longer be able to use the Application or services. A deletion of Personal Information and account by the User may result in the termination of the User’s account or of the User’s contractual relationship with Kenangan Coffee, with all accrued rights and obligations remaining fully reserved.
Manage and Update Personal Information
Subject to the prevailing laws and regulations, User may access and/or update Personal Information that is in the possession and control of Kenangan Coffee by visiting the 'Me' tab and then the 'Edit Profile' section or by contacting Kenangan Coffee's customer service.
Kenangan Coffee reserves the right to refuse User’s requests to access, or to revise, some or all the Personal Information that Kenangan Coffee owns or controls if permitted or required under the prevailing laws. This includes circumstances where the Personal Information may contain references to others or where a request for access or a request for revision is for reasons that Kenangan Coffee deems irrelevant, unserious or troublesome.
Links to Third Party Site or Platform
The Services may contain links to other sites or platform owned by the third parties. If the User clicks a third party’s link, the User shall be directed to the relevant site or platform. Please note that such external sites or platforms are not operated by Kenangan Coffee. Therefore, Kenangan Coffee strongly suggests that the User reviews the site’s or platform’s privacy policy in advance. Kenangan Coffee has no absolute control of, and is not responsible for, the content, privacy policy, or practices of any site, platform or services of any third party whatsoever.
Privacy of Children
Kenangan Coffee does not mean for its website or online Application Services be used by anyone who is underage according to prevailing laws and regulations, unless under the supervision of their parents or guardians. If the User is a parent or guardian and he/she is aware that a child in his/her charge has provided Personal Information to Kenangan Coffee, please immediately contact Kenangan Coffee so that Kenangan Coffee will be able to perform all necessary actions.
Cookies
“Cookies” are files with a small amount of data usually used as unique, anonymous identifier. They are sent to the User’s browser from the websites that they visit, and they are stored in the internal memory of the User’s device.
When a User uses the Application and Services, certain information may be automatically collected by using Cookies. In addition, the Application may use Third Party’s codes and libraries who uses Cookies to collect information and improve the Services. The User can disable cookies by clearing cache from User’s Application. If the User disables Kenangan Coffee’s Cookies, the User may not be able to use some parts of the Kenangan Coffee’s Services.
How to Contact Kenangan Coffee
If you have any questions regarding this Privacy Policy or you would like to obtain access to your Personal Information, please contact dpo@kopikenangan.com