PRIVACY POLICY

INTRODUCTION

Agroharta Group is committed to protecting and respecting your privacy. This privacy policy (“Privacy Policy”) explains the personal data we collect through the use of our mobile applications (KUDA MERAH app and KM BUSINESS app) and our website (www.agroharta.com.my), as well as the products, services, and any features offered by Agroharta (collectively, “Services”), including when and why we collect it, how we use it, the conditions under which we may disclose it to others, and how we keep it secure.

This Privacy Policy is issued to all individuals who are visitors or users of our apps and website, or otherwise have their personal information provided to us in the course of using or procuring any of our Services. Depending on the context, “you” or “your” may refer to:

Our end users and customers, i.e., individuals who use any of our Services for personal or professional purposes and individuals who transact with us or any of our dealers and sub-dealers through our apps or website.
Representatives of our end users and customers, i.e., individuals acting on behalf of any business or corporate users in any communications, registration process, or transactions with us.
Our visitors, i.e., individuals who use our apps or website or otherwise communicate with us without being logged into a user account.
Our dealers, sub-dealers, and affiliates, i.e., potential or existing individual dealers, as well as any individuals acting on behalf of, owning any interests in, or holding a position in, any potential or existing business dealers. If you are a dealer, sub-dealer, or affiliate, please also refer to the Addendum to this Privacy Policy for terms that specifically apply to you.

Please read this Privacy Policy carefully to understand our practices regarding your personal data and how we will treat it.

WHO WE ARE

For the purpose of this Privacy Policy, the term “personal data” shall refer to any information that relates directly or indirectly to an individual, from which the said individual may be identified and shall include sensitive personal data and expressions of opinion about any individual. Sensitive personal data may include information such as physical or mental health or medical conditions, political opinions, religious or other similar beliefs, and commission or alleged commission of any offense.

You may choose whether or not to provide your personal data to us, including sensitive personal data. By providing your personal data to us and/or using our Services, apps, and website, you consent to our collection, use, and disclosure of your personal data in accordance with this Privacy Policy.

In this Privacy Policy, the terms “Agroharta”, “we”, “us”, and “our” refer to the combination of the following entities:

AGROHARTA FERTILIZER SDN BHD (Registration No: 200301014887 (617307-W))
AGROHARTA CHEMICALS SDN BHD (Registration No: 200701014348 (772354-H))
AGROHARTA SPECIALTIES SDN BHD (Registration No: 202301032506 (1526429-H))

DATA COLLECTION & USAGE

Agroharta collects information both directly and indirectly from you. Direct collection occurs when you interact with our apps and website, register for an account to use our services, participate in our digital initiatives, or communicate with us via email, chat, phone, or other methods.

Indirect information gathering involves obtaining data from third parties such as identity verification services, regulatory and enforcement agencies, public databases, and connected parties, subject to your consent.

The personal data we may collect and process includes, but is not limited to:

Personal information like name, date of birth, age, gender, nationality, race, employment and income details, government-issued identification numbers (e.g., passport number, National Registration Identity Card), and location data.
Contact details include residential, mailing, and billing addresses, telephone/facsimile numbers, and email addresses.
Business-related information from our dealers and sub-dealers, reflecting their dealings and interactions with us.
Feedback and opinions about our products and services are directly provided to us or published on other platforms.
Device information such as hardware details, IMEI number, phone model, app version, and operating system versions.
Log information like browser data, geolocation, IP address, usage duration, and diagnostic information.
Loyalty program data if you participate in such programs, including account status, vouchers collected and used, points earned, redemption history, purchase history, and reward status.

We may collect personal data from you for the following purposes:

Identity Verification and Contact: For personal details and contact information provided, we use this data to verify your identity in compliance with anti-money laundering and counter-terrorism financing laws, contact you through various methods, and personalize our communications and services.
Automatic Data Collection: Data collected automatically is used to optimize content presentation for your device, facilitate participation in our App and Website features, and enhance the security of our digital platforms.
User Preferences and Behavior Analysis: We analyze information about your preferences, online movements, and App/Website usage to improve our content and services, understand your needs and interests, and for marketing purposes.
Marketing and Advertising: To target our marketing campaigns effectively, we may use your data to provide personalized interest-based advertisements and improve your customer experience.
Service Provisioning: We process your data to provide you with our services, manage your account, process orders, and maintain our relationship with you. This includes customer support, responding to inquiries, and administrative purposes.
Promotions and Contests: We use your data to administer contests and promotions you participate in, including managing rewards and prizes.
Data Matching for Personalized Services: We perform data matching to offer services tailored to your preferences.
Software and Service Optimization: For internal diagnostics, software updates, maintenance, technical support, and important notices.
Record Keeping and Administrative Purposes: We maintain and update information databases, manage customer service matters, and for other administrative uses.
Fraud Detection and Legal Compliance: To detect and investigate fraudulent activities, comply with legal obligations, respond to governmental requests, and manage risks including credit checks.
Corporate Transactions: In connection with mergers, acquisitions, financing transactions, or joint ventures.
Other Purposes: For other necessary or related purposes where permitted under applicable data protection laws.

Data Collection Consent

We collect personal data through our App and Website when necessary for the purposes outlined above, or as specifically notified at the time of collection. For any new purposes not covered here, we will provide notification as per this Privacy Notice.

Anonymous Information

We may anonymise or aggregate your personal data, excluding information that makes it personally identifiable (“Anonymous Information”). As Anonymous Information is no longer considered personal data, it is not subject to this Privacy Policy.

Handling Your Personal Information and Securing Your Agreement:

At Agroharta, we understand the importance of your personal data and are committed to processing it responsibly. If we rely on your consent for processing your personal data, you have the right to withdraw this consent at any time. This can be done by contacting us using the details provided at the end of this statement. Please be aware that withdrawing your consent does not affect the lawfulness of any processing we conducted before your withdrawal, nor does it affect the processing of your personal data conducted in reliance on lawful processing grounds other than consent.

There are situations where we process your personal data based on lawful grounds other than consent. In such cases, we do this to efficiently provide you with our services, including but not limited to, the KUDA MERAH app, KM Busines app, and our website. Sometimes, it may not be feasible for us to seek your consent, especially when processing is necessary for reasons such as fraud detection.

The provision of your personal data may be either mandatory or voluntary, depending on why we need it. If providing your data is mandatory, not supplying it might mean we’re unable to offer you our services or interact with you in other ways. If you choose not to provide necessary data, or if you do not agree to this Privacy Policy, we may not be able to provide our services to you.

Consent provided by you includes any consent given by someone who is validly acting on your behalf.

Safekeeping of Your Personal Data

All information you provide to us is stored securely. We use appropriate administrative, technical, and physical safeguards to protect your personal data from loss, misuse, unauthorized access, disclosure, alteration, or destruction, in line with applicable data protection laws. Furthermore, we ensure the safeguarding of your personal data when it’s processed by our data processors, implementing measures to prevent data retention beyond the necessary processing period and protect against unauthorized or accidental access, processing, erasure, loss, or use.

If you are provided with (or have chosen) a password for accessing certain parts of our App and Website, it is your responsibility to keep this password confidential. We urge you not to share your password (including one-time passwords (OTPs), temporary passwords, or verification codes) with anyone.

Duration of Retention for Your Personal Data

Your personal data is retained only as long as necessary for the purpose it was collected or provided to us unless legal obligations necessitate longer storage. We adhere to legal, regulatory, and best practice guidelines in this regard, ensuring your data is handled appropriately during its retention period.

Disclosure of Your Personal Data

Agroharta takes the confidentiality of your personal data with utmost seriousness. Access to your personal data is restricted to select Agroharta employees and third parties who may need access to offer you the requested services or information. Such third parties may include:

Agroharta’s parent company, affiliates, related entities, and other businesses within the same corporate group.
Contractors, sub-contractors, business partners, professional advisors, or service providers that support Agroharta, including data storage, processing services, and customer engagement platforms.
Merchants collaborate with Agroharta to provide products, services, and other offerings via our services.
Financial institutions such as banks, credit card issuers, and payment service providers are involved in processing your transactions.
Analytics and search engine providers aiding in the enhancement of our app, website, and services.
Advertising entities and networks use data to present relevant ads.
Entities involved in investigating or processing fraud-related activities.
In cases of business restructuring like mergers or acquisitions, your personal data might be shared with relevant parties such as the counterpart, their financial advisors, bankers, and legal counsel. New business owners might also receive this data.
Legal entities, regulatory or law enforcement authorities, government bodies, or others as required by law or to safeguard Agroharta’s rights, property, or safety, along with the safety of our customers.
Other third parties as explicitly informed at the data collection point, subject to your consent in accordance with applicable laws.

Your personal data may be transferred outside the local jurisdiction as part of the services offered. While data protection laws in other countries may not offer the same level of protection, we ensure that adequate security measures are implemented to protect your privacy rights as detailed in this Privacy Policy. Any international data transfer occurs under strict confidentiality and security conditions.

Significance of Submitting Your Personal Information

It’s crucial for you to supply necessary personal data for communication, promotion of our services, partner offers, and managing convenience for corporate clients, merchants, and loyalty programs. Failure to provide this data may result in our inability to offer requested services, make suitable recommendations, or process your personal data for intended purposes. Keeping your personal data updated is important. We encourage you to maintain up-to-date information in your account and inform us of any changes for our records.

YOUR RIGHTS CONCERNING YOUR PERSONAL DATA

As a valued user of Agroharta’s services, you hold several rights about your personal data, which we are committed to respecting and facilitating:

Access: You can contact us at any given time to request access to the personal information we have on record for you.
Correction/Completion: Should your personal information be inaccurate or incomplete, you are entitled to contact us to make the necessary corrections.
Restriction on Processing: You have the right to ask us to limit our processing activities related to your personal data. This means we can retain your data but not process it further without your explicit consent.
Deletion of Data: You can ask us to erase or stop collecting, processing, or using your personal data.
Withdrawal of Consent: If we are processing your personal data based on your consent, you have the right to withdraw this consent at any time. Please be aware that this might affect our ability to provide you with certain services or products.
Objection to Processing: You have the right to object to the processing of your personal data, especially concerning direct marketing. You can opt out or unsubscribe from such communications at any time.

For any requests related to access or correction of your personal data, please reach out to us in writing using the contact details provided. Note that we might ask you to complete a data access request form to process your request effectively. However, under certain circumstances, as allowed by applicable personal data protection laws, we reserve the right to decline your request, in which case we will provide a written explanation for our decision.

SECURITY OF YOUR DATA

We prioritize the security of your personal information and have implemented technical and organizational security measures to safeguard it against loss, misuse, unauthorized access, disclosure, alteration, or destruction. These measures reflect the sensitivity of the data we handle and are aligned with current technological standards.

UPDATING YOUR DETAILS OR PREFERENCES

We endeavor to maintain accurate and current records. You may review, modify, or request the deletion of your details by contacting us using the information provided below. Furthermore, should you prefer that your personal data not be utilized for marketing purposes, you are entitled to make this request. We will notify you before data collection if your information is to be used for such purposes or shared with third parties. This right may be exercised by reaching out to us. Please be advised that requesting the deletion of your data or your account may impact our ability to deliver our services to you. In compliance with legal obligations and for the integrity of our systems, certain data may be retained even after a deletion request.

COOKIES AND SIMILAR TECHNOLOGIES

Agroharta and our affiliates, along with third-party providers, utilize cookies and similar technologies to differentiate you from other users of our website. This aids in enhancing your browsing experience and improving the performance and utility of the website. The application of cookies and similar technologies is a common practice across websites and applications to collect information about your online activities.

A “cookie” is a small data file placed on your hard drive by websites during your visit. These files can store information such as a user ID to track your activity on the site. Our website primarily uses cookies to recognize repeat visits and monitor user traffic patterns.

Managing Cookies

You have the option to navigate our website without receiving cookies. You can set your browser to alert you before accepting cookies, allowing you to refuse them when notified. Additionally, you can turn off all cookies in your browser. For more guidance on cookies, including instructions on rejecting them in your browser, please visit this link.

Cookie Expiration

Cookies remain on your computer or mobile devices after you close your browser and will reactivate upon reopening the website unless you delete them. You can remove these cookies at any time, and they will not collect information when you are not accessing the website.

Links to Third Party Websites

Occasionally, our App and Website may include links to the websites and social media channels of our partners, service providers, business partners, and affiliates. Please be aware that these external sites and channels have their privacy policies. We are not responsible for these policies and encourage you to review them before submitting personal data.

UPDATES TO TO OUR PRIVACY POLICY

We reserve the right to modify, update, or amend the terms of this Privacy Policy. Any changes will be posted on our website and, when appropriate, notified to you via our App or other means such as email. It is important to regularly review the Privacy Policy. By continuing to use our App, Website, or Services, or maintaining communication with us after the effective date of changes, you agree to be bound by these amendments.

Language

This Privacy Policy is available in both English and Malay, and Chinese. In case of inconsistencies or discrepancies between the three versions, the English version will prevail.

Contacting Us

For any inquiries regarding this Privacy Policy or to exercise your rights as outlined herein, please reach out to us at [email protected] or visit our contact page at https://agroharta.com.my/contact/.

Effective Date: 1st February 2024

ADDENDUM FOR AGROHARTA DEALERS, SUB-DEALERS, AND AFFILIATES

INTRODUCTION

This Addendum describes the methods of collection, use, processing, and disclosure of personal data of Agroharta Group’s prospective and existing dealers and sub-dealers. It supplements the information in the Privacy Policy and applies specifically to Agroharta dealers and sub-dealers. In case of any inconsistency between the Privacy Policy and this Addendum, this document prevails. All terms used here have the same meaning as defined in the Privacy Policy.

WHAT PERSONAL DATA IS COLLECTED AND PROCESSED AND WHY

For registration and usage of our Services for your business, you may need to provide:

Personal details like full name, date of birth, nationality, ID or passport copies, address, phone number, preferred language, and account credentials;
Contact details such as personal or business email, mobile number, and address;
Financial information, including bank account numbers, statements, debit/credit card details, and credit agency data;
Location information for easy discovery on the App’s live map; and
Any other individual-identifying information as reasonably requested by Agroharta Group.

These are used for:

Managing dealer/sub-dealer accounts;
Identity verification to prevent fraud and enhance security;
Eligibility assessment for registration;
Communication, operational support, and query handling;
Responding to user and customer queries about your business;
Tracking business performance;
Processing and sharing transaction records;
Feedback collection to improve services and product offerings;
Meeting legal and contractual obligations;
Risk management, credit checks, policy and law compliance; and
Other related purposes as outlined in the Privacy Policy.

DISCLOSURE

Besides the parties mentioned in the Privacy Policy’s “Disclosure of your information” section, your personal data may also be shared with our end users and customers.

OTHERS

If you provide other individuals’ data (like directors, shareholders, or business personnel), ensure you have their consent for our processing of their data.

For detailed information on Agroharta Group’s data protection and privacy practices, please refer to the Privacy Policy.

PRIVACY POLICY

ADDENDUM FOR AGROHARTA DEALERS, SUB-DEALERS, AND AFFILIATES

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