Effective Date: Apr 1st, 2022
ComeBy SDN BHD. (“ComeBy,” “we,” “our,” or “us”) develops and provides a retail solution for in-store sales optimization, customer engagement and retail management (the “Platform”).
Our Platform, our website available at www.comeby.io (the “Site”) allows shoppers(each, our “Users”) to browse through and interact with retailers (each, our “Customer”) through their physical and online stores, creating personalised shopping experiences for each consumer.
Specifically, it describes our practices regarding:
You are not legally required to provide us with any Personal Data (defined below), but without it we will not be able to provide you with the full range of Services or with the best user experience when using our Services.
1. Data Collection
We collect Personal Data regarding our Users. Such data is typically collected and generated through the User’s interaction with our Services, through automatic means or directly from our Customers or such User.
Specifically, we collect the following categories of data (which, if it could be used to identify a specific person, or is linked to such identifying data, will be deemed as “Personal Data”):
- Data Automatically Collected or Generated: When you visit, interact with or use our Services, we may collect or generate certain technical data about you. We collect or generate such data either independently or with the help of third party services (as described in Section 4 below),
including through the use of “cookies” and other tracking technologies (as further described in Section 5 below). Such data consists mainly of connectivity, technical and aggregated usage data, such as IP addresses, non-identifying data regarding a device, operating system, browser version, locale and language settings used, the cookies and pixels installed on such device and the activity (clicks and other interactions) of Users in connection with our Services. Such data does not enable us to learn a person’s true identity or contact details. We use such data mainly to gain a better understanding on how Users typically use our Services and how we could improve their user experience, and to optimize our marketing campaigns and ad management, as well as the overall performance of our Services.
- Data Received from Our Customers: Customers may also provide us with data concerning their Users, in order to enroll such Users to our Services. Such data usually refers to the Users’ first names/nicknames and e-mails, however additional data may be provided at the Customer’s discretion.
- Data in Photographs: Users may use the App in order to photograph and upload images, namely images of in-store or in-venue shelves holding stock and products.
- Data About Locations: Our Services may also collect and use your location information to prevent fraud and provide certain functionality of our Services.
2. Data Uses
We use Personal Data as necessary for the performance of our Services; for complying with applicable law; and to support our legitimate interests in maintaining and improving our Services and offerings, understanding how our Services are used, optimizing our marketing, customer service and support operations, and protecting and securing our Users, Customers, ourselves and our Services.
Specifically, we use Personal Data for the following purposes:
- To facilitate, operate, and provide our Services;
- To authenticate the identity of our Users, and to permit them access to our Services;
- To provide our Users with assistance and support;
- To further develop, customize and improve the Services and your user experience, based on common or personal preferences, experiences and difficulties;
- To contact our Users with general or personalized service-related messages (such as password-retrieval or billing) and promotional messages (such as newsletters, new features, etc.); and to facilitate, sponsor and offer certain products and promotions;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
- To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services; and
- To comply with any applicable laws and regulations.
3. Data Location and Retention
Data Location: We and our authorized Service Providers (as detailed in Section 4 below) maintain, store and process Personal Data in the United States of America, Malaysia, Singapore and other locations, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
Data Retention: We keep Users’ Personal Data for as long as we reasonably need in order to maintain and expand our relationship and to provide them with our Services.
We will also retain your Personal Data for as long as is required in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e. as required by laws applicable to records and bookkeeping, as necessary for allowing the Users you engaged with via our Services to meet their own obligations or legitimate needs, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), in accordance with our data retention policy.
Please note that except as required by applicable law, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it for any reason at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at email@example.com.
4. Data Sharing
Legal Compliance: We may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Data Processors: We may engage selected third party companies and individuals to perform services complementary to our own (e.g. hosting services, data analytics services, marketing and advertising services, data and cyber security services, payment processing services, user engagement services, e-mail distribution and monitoring services, session recording, and our business, legal and financial advisors) (collectively, “Data Processors”). These Data Processors may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.
Sharing Users Personal Data with our Customers: We may share the Personal Data of Users with our Customers . In such cases, sharing such data means that our Customers may be able to monitor, process and analyze your Personal Data and associated content, in order to provide user engagement services. Please note that ComeBy is not responsible for and does not control any further disclosure, use or monitoring by or on behalf of such Customer, who is the “Data Controller” of such data (as further described in Section 10 below).
Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of ComeBy, any of our Users or Customers, or any members of the general public.
For the avoidance of doubt, ComeBy may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.
5. Cookies and Tracking Technologies
Our Services and certain of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide, secure, and improve our Services, personalize your experience and monitor the performance of our activities and campaigns. A “cookie” is a small text file that is used, for example, to collect data about activity on our Site. Some cookies and other technologies serve to recall Personal Data, such as an IP address, previously indicated by the User.
How to Adjust Your Preferences Regarding Cookies and Interest-based Advertising
If you wish to prevent the use of your mobile device’s advertising ID, you may change your device settings to reset such advertising ID (typically, this is available under the “Privacy” or “Ads” section of your device settings). You may also change your browser settings to reset or block cookies (typically, this is available under the “Settings” or “Help” section of your browser menu).
Service Communications: We may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, password-retrieval notices, etc. We, or our Customers, may also send you notifications, messages and other updates. Typically, you will not be able to opt-out of receiving such service communications while using our Services, as they are integral to such use.
Notifications and Promotional Communications: We may send you notifications of messages and other updates in your user account. We may also send you notifications about new features, offerings, events and special opportunities, or any other information we think our Users will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify ComeBy at any time by sending an email to firstname.lastname@example.org or by following the “unsubscribe”, “stop”, “opt-out”, or “change e-mail preferences” instructions contained in the promotional communications that you receive.
7. Data Security
In order to protect your Personal Data held with us and our Service Providers, we are using industry-standard physical, procedural and electronic security measures, including encryption as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.
8. Data Subject Rights
If you wish to exercise your rights under any applicable law, to request access to, and rectification or erasure of your Personal Data held with ComeBy, or to receive a portable copy of such Personal Data – please contact us by email at email@example.com.
Please note that once you contact us by e-mail, we may require certain additional information and documents, including Personal Data, in order to authenticate and validate your identity and to process your request. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.
9. Children’s Privacy
Our Services Are Not Designed to Attract Children Under the Age of 18. We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 18 is using the Services, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child.
If you believe that we might have any such data, please contact us by email at firstname.lastname@example.org.
10. Data Controller/Processor
Certain data protection laws and regulations, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller,” who determines the purposes and means of processing, and the “Data Processor,” who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
If a Customer submits any Personal Data concerning any of its Users, or otherwise has any of its Users submit or upload Personal Data in connection with our Services, such Customer shall be deemed the “Data Controller” of its Users’ data, and we will only process such data on our Customer’s behalf, as its “Data Processor”. This means that in such cases, we will only process such Users’ data on behalf of our Customer and in accordance with its reasonable instructions, subject to our Terms of Service and other commercial agreements. The Customer will be solely responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
If you are a User on behalf of any of our Customers, please note that ComeBy only processes your data solely on such Customer’s behalf. If a User would like to make any requests or queries regarding their Personal Data, he/she should contact such Customer directly. For example, if you are a User who wishes to access, correct, or delete data processed by ComeBy on behalf of a Customer, please direct your request to the relevant Customer (who is the “Data Controller” of such data). If requested to remove any User’s Personal Data, we will respond to such request within thirty (30) days. Unless otherwise instructed by our Customer, we will retain their Users’ Personal Data as set forth in Section 3 above.
11. Additional Notices