2. COLLECTION OF PERSONAL DATA

2.1 We collect Personal Data from you in the following ways, including but not limited to:

(i) when you access our Platform and/or when you create an account, register with us and/or submit any form to provide us or benefit from our Products and Services, including to place food orders;

(ii) when you disclose Personal Data and transact with us, contact us or request that we contact you through various communication channels (e.g., our Platform, social media platforms, messenger platforms, face-to-face meetings, email messages, telephone calls);

(iii) when you sign up for our marketing and promotional communications and/or initiatives;

(iv) when you participate in any activities conducted by us (e.g., contests, events, functions, games, research or surveys organised by us);

(v) when you make available your Personal Data to us for any other reason;

(vi) when you authorise us to obtain your Personal Data from a third party;

(vii) when your images are captured via CCTV cameras while you are within our premises;

(viii) when your images are captured via photographs or videos taken by us or our representatives when you attend events organised by us; or 

(ix) through other data sources:

(a) when we seek and receive your Personal Data in connection with your relationship with us, including for our Product and Services. For example, business partners, public agencies, referral intermediaries and the relevant authorities;

(b) if you act as an intermediary or are supplying us with information regarding a third-party/other individual (such as a family member, relative, friend or a colleague), you undertake that you have obtained all necessary consents from such third-party/other individual for processing of their Personal Data by us; and/or

(c) any other information which we may collect from other sources.

2.2 If you are under the age of 18 years, please obtain, in addition to your own explicit consent, your parents, guardian or legal representative’s consent before providing your Personal Data to us. If a parent, guardian or legal representative becomes aware that the Personal Data of a child or ward has been provided without the consent of the parent, guardian or legal representative, please contact our Data Protection Officer (contact details under paragraph 8.2 of this Privacy Policy) and such Personal Data will be disposed of from our records. 

2.3 Notwithstanding, we may collect Personal Data of children below the age of 18 years from the parents, guardian or legal representatives directly. In such circumstances, you confirm that the they have explicitly consented and appointed you to act for them and consent on their behalf to the processing of their Personal Data in accordance with this Privacy Policy. 

3. USE OF PERSONAL DATA

3.1 We collect, use, process, store and/or disclose your Personal Data for the following purposes:

(i) to communicate with you;

(ii) to verify your identity;

(iii) to contact you and confirm your orders for takeaway at our outlets;

(iv) to provide confirmation of registration with us for any membership or loyalty programme;

(v) to make announcements in relation to discounts, promotions, benefits and other events;

(vi) to carry out profiling and the maintenance of a database for the purposes of providing the Products and Services on the Platform;

(vii) to enable your device and/or software to access the Platform;

(viii) for the smooth administration and improvement of the Platform, including troubleshooting, site analysis, testing, research, statistical and survey purposes and to obtain feedback so as to enable us to improve the operation of the Platform and offer you a better user experience; 

(ix) for audit, customer service, administrative support, market research and business development purposes;

(x) to contact or notify you about matters relating to your user account and updates and/or developments to the Platform, the Terms and Conditions of the Platform and this Privacy Policy;

(xi) to respond to any queries, requests or reports which you may have submitted;

(xii) to recommend and/or display content and advertisements on the Platform that may be of interest to you;

(xiii) to comply with requirements under any applicable law or requests from any competent authority, including but not limited to relevant governmental authorities, law enforcement agencies and regulatory bodies;

(xiv) to facilitate any payment process;  

(xv) where required in any civil or criminal suit or for the protection and/or enforcement of our legal rights and obligations;

(xvi) in the event we sell or buy any business or assets, where necessary for the purposes of the sale or purchase; 

(xvii) to enable any third parties to perform any of the above where necessary and/or applicable, including but not limited to law enforcement agencies, regulatory bodies, our business partners, affiliates, suppliers and sub-contractors; 

(xviii) to conduct feedback, analysis and survey for our Products and Services, and respond to enquiries from customers; and/or

(xix) to carry out market research and product development which may be targeted at every age, gender, family and geographical area.

4. DISCLOSURE OF PERSONAL DATA 

4.1 We may need to share your Personal Data with the following parties which may be located within or outside Malaysia in order to fulfill the purposes as set out in paragraph 3 above from time to time:

(i) our related corporations; 

(ii) third party service providers as may be deemed necessary to facilitate your dealings with us such as processing your data;

(iii) governmental agencies, governmental authorities and other regulatory bodies; 

(iv) third parties appointed by us, including our auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with our business; 

(v) third party reward, loyalty, co-branding and privileges programme providers; and 

(vi) selected third parties such as our service providers or partners who provide various services whom we have contractual arrangements with to provide you with the Products and Services offered on and through the Platform. 

4.2 By you using the Platform, you are deemed to have consented to the transfer of your Personal Data to the parties as set out in paragraph 4.1 above. We will take steps to ensure that your Personal Data transferred to the parties as stated in paragraph 4.1 above continues to be handled in accordance with the standards prescribed by the PDPA or its equivalent or similar data protection legislations.

5. PAYMENT PROCESSING

5.1 If you use a credit card or debit card as a payment method on the Platform, the information or data that you provide will be transferred to the relevant financial service provider. At all times, your payment data is stored with the respective financial service provider responsible for your payment information. You may review the respective privacy policy from the relevant financial service provider to learn more on how your payment information and data is used and processed. 

6. PROTECTION OF PERSONAL DATA

6.1 We will implement technical and administrative security measures to ensure that your Personal Data is protected against unauthorised or accidental access, use, alteration or loss. All of our employees who deal with Personal Data are trained in the proper handling and protection of Personal Data.

6.2 Further, to safeguard your Personal Data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of Personal Data by us, and disclosing Personal Data both internally and to our partners, authorised third party service providers and agents only on a need-to-know basis.

6.3 Notwithstanding, you should be aware that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your Personal Data and are constantly reviewing and enhancing our information security measures. 

6.4 You further agree and acknowledge that we shall not be liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your Personal Data from external applications, sites or resources that may not be linked to us. The external applications and sites may have their own privacy policies and we recommend that you review their privacy policy carefully to understand more about how these external application sites use and process your Personal Data.

7. RETENTION OF YOUR PERSONAL DATA

7.1 We may retain your Personal Data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. 

7.2 We will cease to retain your Personal Data, or remove the means by which the Personal Data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

8. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL DATA

8.1 You may have access to, review, correct, update, change or delete your Personal Data stored in your account or profile at any time. You may do so by logging into your account or profile to make the necessary changes.

8.2 You may also write to us to our Data Protection Officer at the following contact details to request, access, review, correct, update or change your Personal Data or to remove your Personal Data that you have provided to us:

Address : No. 5, 5th Floor, Block B, IOI Boulevard,  Jalan Kenari 5, Bandar Puchong Jaya, 47170 Puchong, Selangor 

Tel No. : +603 8080 0273

Email : Es_marketing@empiresushi.com.my

8.3 We reserve the right to verify your identity before providing you with a copy of your updated or corrected Personal Data.  Access to or correction, updating or deletion of your Personal Data may be denied or restricted by us if it would violate another person’s rights and/or to comply with the applicable laws.

8.4 You have the right to limit in part or wholly any of the processes by which your Personal Data is subjected to in terms of the operations allowed to be performed upon it, the period of time allowed or alternatively the deadline of the consent given. 

8.5 You may at any time withdraw or amend, in full or in part, your processing consent given previously, in each case subject to any applicable legal restrictions, contractual conditions and a reasonable time period. 

8.6 Upon receipt of your written request withdraw or amend your consent, we may require reasonable time (depending on the complexity of your request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. Please note that depending on the nature and scope of your request, we may not be in a position to continue providing our Products and Services on and through the Platform to you and we shall, in such circumstances, notify you before completing the processing of your request. 

9. CHANGES TO THIS PRIVACY POLICY

9.1 We reserve the right to change or vary this Privacy Policy from time to time at our sole and absolute discretion. The most updated Privacy Policy will be made available promptly on the Platform. It is your responsibility to keep yourself updated and aware of the latest version of this Privacy Policy. If any change is unacceptable to you, you should immediately cease all further use of the Platform. If you continue using the Platform after the changes take effect, you will be deemed to have accepted the changes.

10. EXCLUSION OF LIABILITY

10.1 You hereby agree and acknowledge that we shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of your Personal Data in the following instances:

(a) where an act of nature or event outside our control results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;

(b) where Personal Data is readily available or able to be found in the public domain; and 

(c) where despite our best efforts, there is unauthorised access, modification, alteration, misuse, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under our control or direction.

11. SEVERABILITY

11.1 Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs of this Privacy Policy except where otherwise expressly indicated or indicated by the context of this Privacy Policy.

11.2 The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this Privacy Policy.

12. CONTACT INFORMATION

12.1 If you have any feedback or queries about this Privacy Policy, you may contact our Data Protection Officer (contact details as provided in paragraph 8.2 above) and we shall endeavour to respond to your queries accordingly.

13. CONFLICT

13.1 In the event of any inconsistency between the English version and the Bahasa Malaysia version of this Privacy Policy, the English version shall prevail over the Bahasa Malaysia version.