PRIVACY POLICY

Last updated August 10, 2022

Thank you for choosing to be part of our community at AUSTIN POWDER MALAYSIA SDN BHD ("Company", "we", "us" or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy policy or our practices about your personal information, please contact us at _03-77297464_/ admin@austinpowder.com_

_________.

This Privacy Policy describes our privacy practices and your rights regarding the personal data we collect and use in connection with our digital E-commerce solutions. Please make sure to also consult the Digital E-Commerce Terms which govern your use of the Solutions.

Our digital E-Commerce solutions (“Solutions”)/my AP online may include:

1. Websites that are owned by us or Austin-branded, and that link to this Privacy Policy.
2. Online or downloadable software.
3. Mobile applications.
4. Hardware which may be linked to our software or mobile applications, and connected to the Internet.
5. HTML-formatted email messages that link to this Privacy Policy.
6. Our social media pages and applications that we administer.
7. Events (such as trade shows or networking events) that relate to our Solutions.

Please read this Privacy Policy carefully, as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE PROCESSED/SHARED WITH ANYONE?

4. WHOM WILL YOUR INFORMATION BE SHARED WITH?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW LONG DO WE KEEP YOUR INFORMATION?

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

8. DO WE COLLECT INFORMATION FROM MINORS?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. CONTROLS FOR DO-NOT-TRACK FEATURES

11. DO WE MAKE UPDATES TO THIS NOTICE?

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

13. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?

Personal data you disclose to us

Personal data is any information that enables us to identify you as an individual. For example, this can be your name or shipping address, but also your purchase history or job title. The categories of personal data that we collect or obtain include:

1. Contact details (for example, name, postal address, email, telephone number, and emergency contact details);
2. Personal details (for example, demographic characteristics, including birthdate and gender);
3. Transaction data (for example, transactions and agreements, purchase history, shipping and billing information); 
4. Financial data (for example, bank, card and account details, and other payment-related information);
5. Device and software data (for example, device ID, operating system and corresponding version, specific use data and patterns);
6. Relationship data (for example, support requests, ratings and feedback); and
7. Social media account data (for example, social-media account ID and posts).

Such personal data relates to any individual who purchases, uses or is involved with our Solutions. This includes:

1. Customers who install or purchase our Solutions, including individual users, distributors, and retailers.
2. Users who employ our Solutions.
3. Partners who install and/or sell our Solutions.
4. Third-party service providers who assist in the marketing or operating of the Solutions.
5. Employees and representatives of the above categories' persons.

If you provide to us with any personal data of another person, you must ensure that you are authorized to do so and that such person is informed about this Privacy Policy. For certain Solutions, we may, but are not obliged to, provide you with template privacy release forms to assist you in providing necessary information to such persons. Some Solutions allow you to invite a friend or contact to a Solution or feature, for example, to share content with them or for collaboration purposes. Please use this functionality responsibly, and refrain from sending requests to persons who may not reasonably expect to receive and consent to them.

Information automatically collected

We automatically collect certain information when you visit, use or navigate our Solutions. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Solutions and other technical information. This information is primarily needed to maintain the security and operation of our Solutions, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

• Log and Usage Data. 

Log and usage data are service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Solutions and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Solutions (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).

• Device Data. 

We collect device data such as information about your computer, phone, tablet, or another device you use to access our Solutions. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.

• Location Data. 

We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Solutions. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt-out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt-out, you may not be able to use certain aspects of the Services.

Information collected from other sources

To enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behaviour data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.

2. HOW DO WE USE YOUR INFORMATION?

We use personal data collected via our Solutions for a variety of business purposes described below. We process your personal data for these purposes in reliance on our legitimate business interests, to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations.

We use your personal data for:

(a) Providing the functionality of the Solutions and customer support

• Provide the Solutions to you, such as allowing access to your account;
• Complete and record your transactions;
• Ship items and products you order;
• provide you with, and enable you to generate reports and tips;
• provide you with customer service and technical assistance (for example, installation, maintenance, and breakdown assistance);
• Send you administrative information, such as changes to our terms and policies;
• Provide training to you regarding our Solutions; and
• Respond to your inquiries and requests, for example when you send us questions or suggestions.

We do this under our contractual relationship with you or to comply with a legal obligation.

(b) Providing you with marketing materials

• Send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters and personalized offerings; 
• Share information with other marketers to permit them to send you marketing communications, consistent with your choices;
• Enable the posting of comments and testimonies about you on our websites and other parts of our Solutions.

We do this with your (opt-in/out) consent, or where we have a legitimate interest.

(c) Providing you with promotional opportunities and facilitating social sharing

• Allow you to participate in promotions;
• Facilitate social sharing functionality if you choose to do so.

We do this to manage our contractual relationship with you, with your consent, or where we have a legitimate interest. Additional rules may apply to such promotions or social sharing. Please make sure to read those rules.

(d) Conducting business reporting and offering tailored services

• Analyze our customers’ use of the Solutions to prepare aggregated trend reports;
• Provide you with tailored advice and tips;
• Allow our customers to participate in polls and surveys, so that we can improve our service offerings.

We do this with your consent or because we have a legitimate interest.

(e) Accomplishing our business purposes

• Business intelligence, such as compiling general market insights;
• Product improvement, to develop new products, or enhance our current products; 
• Governance and audits, for example by implementing internal audits, business analysis, controls, and reporting (for example, whistleblowing procedures);
• Business transactions, including a reorganization, merger, sale, joint venture, assignment, transfer or other disposition (“Business Transaction”). For example, in case of a merger with or acquisition by another company, we may be required to disclose personal data to that company;
• Protect Austin assets, for example for health and safety reasons, or to manage access rights and security (to prevent fraud, cyberattacks and identity theft);
• Comply with legal obligations, for example, we need to retain invoices for accounting purposes or disclose some data to comply with requests from public authorities.

We do this to manage our contractual relationship with you, comply with a legal obligation, and/or because we have a legitimate interest.

(f) Aggregating and/or anonymizing personal data

We may aggregate and/or anonymize personal data so that it will no longer be considered personal data. We do so to generate other data for our use, which we may use and disclose for any purpose. We may do so for example after you close your account.

3. WILL YOUR INFORMATION BE PROCESSED/ SHARED WITH ANYONE?

We may process or share your information/data that we hold based on the following legal basis:

• Consent: We may process your information/data if you have given us specific consent to use your personal data for a specific purpose.

• Legitimate Interests: We may process your information/data when it is reasonably necessary to achieve our legitimate business interests.

• Performance of a Contract: Where we have entered into a contract with you, we may process your personal data to fulfil the terms of our contract.

• Legal Obligations: We may disclose information/data where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

• Vital Interests: We may disclose your information/data where we believe it is necessary to investigate, prevent, or act regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your information or share your personal data with entities within or outside Malaysia in the following situations:

• Business Transfers. We may share or transfer your information/data in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

• Google Maps Platform APIs. We may share your information/data with certain Google Maps Platform APIs (e.g., Google Maps API, Place API). To find out more about Google’s Privacy Policy, please refer to this link. We obtain and store on your device ('cache') location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.

• Vendors, Consultants and Other Third-Party Service Providers. We may share your information/data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Solutions which will enable them to collect data on our behalf about how you interact with our Solutions over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

• Affiliates. We may share or transfer your information/data with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions. information/data

4. WHOM WILL YOUR INFORMATION BE SHARED WITH?

We only share and disclose your information with the following third parties.

(a) Group companies of the Austin Powder group, for the purposes set out in this Privacy Policy

• Optimizing our shared processes. Within a group of companies, it is sometimes necessary to use and leverage resources effectively. In this context, we support each other within our group in optimizing our shared processes.
• Other cross-affiliate initiatives, such as research and development, marketing and finding new prospects, and other purposes as set out in the Austin Data Privacy Policy for Customer, Supplier and Business Partner Data.

(b) Service providers to facilitate services they provide to us

• These services include hosting data, processing payments, delivering shipments, email delivery, distribution, customer support and technical assistance, web analytics, IT performance monitoring, customer relationship management, evaluating, running and optimizing user experience or our growth campaigns, polls and surveys, legal compliance, as well as to secure our business operations, such as identifying and resolving malfunctions.

(c) Public authorities where disclosure is appropriate

• To address a dispute with a third party.
• When we respond to law enforcement requests and orders.
• To provide information we believe is important.

(d) Partners and commercial relationships to accomplish our business with them

• In connection with collaboration initiatives, for example as part of the sale and distribution process.
• In connection with a sale or Business Transaction. We have a legitimate interest in disclosing or transferring your personal data to a third party in the event of a Business Transaction.
• To permit them to send you marketing communications, consistent with your choices.

(e) Third parties with whom you share personal data through the Solutions

• Some Solutions may enable you to grant access to or share your personal data with other individuals or organizations about the Solutions, for example with advisors to assist you in decision-making, consultants, distributors, machinery manufacturers and social media.
• If you connect your Solution with your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy.

As well as where otherwise prescribed to comply with applicable law and regulations, enforce our (and our representatives and group’s) rights, terms and conditions, privacy, safety or property.

Where we transfer your personal data

Your personal data may be stored and processed in any country where we have facilities or in which we engage service providers, including in countries outside Malaysia which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal data.

We shall endeavour to provide a comparable level of protection for your information or personal data should the information be processed or used outside Malaysia.

(a) For transfers within the Austin group of companies, we have set up the Austin Data Privacy Directive for Customer, Supplier and Business Partner Data which form a part of Austin's Binding Corporate Rules. Read the Austin Data Privacy Policy for Customer, Supplier and Business Partner Data

(b) Service providers outside the EU/EEA are requested to ensure transfers are based on either Binding Corporate Rules, standard contractual clauses recognized as valid by EU legislation or, for transfers to the U.S., the EU-US Privacy Shield. You may obtain a copy of these measures by contacting us as set out in Section 4 of this Privacy Policy.

Third-party services

Some Solutions enable you to obtain certain services from third parties. For example, it may be possible to:

1. make a payment through the Solutions.
2. share content with social media.
3. procure Solutions through a third-party distributor.
4. export and import information with machinery manufacturers;
5. grant third parties’ access to your personal data, such as advisors who assist you in decision-making.

Where you do so, your personal data may be collected by those third parties, and not by us. We are not responsible for the privacy and security practices of such third parties, which are subject to their privacy policy, rather than this Privacy Policy.

Public forum

By using the Solutions, you may choose to disclose personal data on message boards, blogs, and other services to which you may post information to (including our social media pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. To request the removal of your personal data from our blog or community forum, contact us (see Section 4). In some cases, we may not be able to remove your personal data or some content (if, for example, it is reposted by another user).

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

Our Solutions may use cookies and similar technologies. This section describes our practices in that respect.

What are cookies and similar technologies?

Cookies are a standard feature of websites that allow us to store small amounts of data on your computer or device about your visit to our Solutions. Cookies help us learn for example which areas of our website are useful and which areas need improvement. For this purpose, we also use technologies similar to cookies, such as pixel tags.

You can choose whether to accept the use of cookies and similar technologies in general by changing the settings on your browser, or by changing specific settings for the Solution (as set out below). However, if you disable cookies and similar technologies, your experience on the Solutions may be diminished and some features may not work as intended.

What cookies and similar technologies do we use?

Below, we identify the different types of cookies and similar technologies that are used in our Solutions. To the extent that personal data are collected through cookies, the other Sections of the Privacy Policy apply and complement this Section.

1. Essential Cookies. Essential cookies enable you to navigate the Solutions such as our websites and to use their services and features. Without these necessary cookies, the website, for example, will not perform as smoothly for you as we would like it to and we may not be able to provide the website or certain features. Such cookies include, for example, those to remember what you place in your shopping cart or authenticate you before signing up to your Austin account.
2. Preference Cookies. Preference cookies collect information about your choices and preferences, and allow us to remember language, age, communication preference and other local settings, and customize our Solutions accordingly.
3. Social Media Cookies. Social media cookies collect information about social media usage. They enable us to perform market research or marketing.
4. Analytics Cookies. Analytics cookies collect information about your use of our Solutions, such as our websites, and enable us to improve the way they work. For example, analytics cookies show us which are the most frequently visited pages on our website, time spent, and links clicked on pages or what users like and do not like, help us record any difficulties you have with the website, and show us whether our advertising is effective or not. This allows us to see the overall patterns of usage on the website, rather than the usage of a single person. We use the information to analyze website traffic, but we do not examine this information for individually identifying information.
5. Advertising Cookies. Advertising cookies are set to display targeted promotions or advertisements based on your interests in the Solutions or to manage our advertising. These cookies collect information, for example, about your activities on our websites and other sites to provide you with targeted advertising. These cookies enable us, for example, to track if you are a current customer and when the last time was that you engaged with us, so that we can follow-up, or find new customers and prospects.
6. Google Analytics. Google Analytics service is provided by Google, Inc. We use Google Analytics to collect anonymized statistics in order to improve our Solutions. You can learn about Google’s practices by going to Google Analytics and privacy and opt out of them by downloading the Google Analytics Opt-out Browser Add-on. We have taken the following measures to protect the data collected through Google Analytics:
   • We have concluded a data processing agreement with Google about how Google may process the data collected through Google Analytics.
   • We have configured Google Analytics settings to mask the last octet of user IP addresses.
   • We have configured Google Analytics to not share data with third parties.
   • We do not use other Google services in conjunction with Google Analytics.
7. Pixel tags. Pixel tags (also known as web beacons and clear GIFs) are used to, among other things, track the actions of users of our websites, measure the success of our marketing campaigns, and compile statistics about usage of our websites and response rates.
8. Browser or Device Information. Certain information is collected by most browsers or automatically through your devices, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the website you are using. We use this information to ensure that our websites and Solutions function properly.

How to manage cookies and similar technologies

You can change your settings for cookies and similar technologies as described in the documentation pertaining to each Solution. In addition, you can refuse or accept cookies from our websites at any time by activating the settings on your browser. Information about the procedure to follow to enable or disable cookies can be found on your Internet browser provider’s website via your help screen. Please refer to http://www.allaboutcookies.org/manage-cookies/index.html for information on commonly used browsers. Please be aware that if cookies are disabled, not all features of our websites may operate as intended.

If you want to clear all cookies left behind by the websites you have visited, here are links where you can download programs that clean out tracking cookies:

1. http://www.spybot.info/en/download/index.html
2. http://www.webroot.com/consumer/products/spysweeper/

6. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us to keep your personal information for longer than the period in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, the transmission of personal information to and from our Solutions is at your own risk. You should only access our Solutions within a secure environment.

8. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly solicit data from or market to children under 18 years of age. By using our Solutions, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Solutions. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at _03-77297464_/ admin@austinpowder.com_

_________.

9. WHAT ARE YOUR PRIVACY RIGHTS?

To the extent provided by applicable law, you may be entitled to request:

(a) Right of access

• To obtain confirmation from us as to whether or not we hold personal data about you, access such data and other information regarding such data;
• To obtain a copy of your personal data.

(b) Right of reftification

• The modification of personal data if they are incorrect or incomplete.

(c) Right to deletion

• The deletion of personal data under certain instances, for example where you consented to their use and have since withdrawn your consent, or where they are illegally used.

(d) Right to restriction

• The limitation of the use of personal data under certain circumstances.

(e) right to portability

• The receipt of the personal data which you provided to Austin, in a structured, commonly used, and machine-readable format;
• Transmitting such personal data, or having them transmitted where technically feasible, to another company responsible for their use, under certain circumstances.

(f) Right to object or opt-out

• To object to the use of your personal data under certain circumstances, including concerning direct marketing and where your personal data are used based on a legitimate interest of Austin. If you would like to opt out of any direct marketing, you can do so by clicking on the “unsubscribe” button in the messages you receive.

(g) Right to withdraw consent

• To withdraw your consent at any time if the use of your personal data is based on consent. Note that withdrawing your consent will not make the use of your data before your withdrawal unlawful.

If you would like to exercise your rights, do not hesitate to contact us at 03-77297464_/ admin@austinpowder.com Please note that the rights above may be restricted in line with applicable law. You may also put in a complaint with a data protection authority for your country, or where an alleged infringement of applicable data protection law occurs. The responsible supervisory authority for Austin Powder Malaysia Sdn Bhd is _ admin@austinpowder.com __.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log in to your account settings and update your user account.
• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

11. DO WE MAKE UPDATES TO THIS NOTICE?

We may update this privacy notice from time to time to meet our business requirements and/or comply with statutory provisions. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at __ admin@austinpowder.com_or by post to:

AUSTIN POWDER MALAYSIA SDN BHD

No. 8, Jalan SS 22/21, Damansara Jaya

Petaling Jaya, Selangor 47400

Malaysia

13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here .