Privacy Policy

This Privacy Policy has been created by ICART MALAYSIA SDN. BHD. (Company No. 1115814-K), the owner and operator of www.happyfresh.my (“HappyFresh”)in accordance with the Malaysia Personal Data Protection Act 2010 and/or any other applicable laws regulations, guidelines, code of practices, circular may be issued from time to time. This Privacy Policy is to protect and maintain the privacy of the users of HappyFresh via our website (“Website”) and/or mobile device application (“App”). We have provided you with this policy statement to inform you of: (i) your personal information that we may gather/collect during your visit /log on to our Website or the App; (ii) why we gather/collect customer’s information; (iii) what purpose we use the information for; (iv) under what circumstances we may disclose such information;, and (v) how you can instruct us to limit the use of that information.

By visiting or using our Website or App, subscribing to our services, registering an account with us, placing an order and entering an agreement with us in relation to the Website, you are taken to have read, understand and agree with us and further give us your consent to collect, use, manage, store, process, disclose and handle your personal information in accordance with this Privacy Policy. You are to check this Privacy Policy from time to time as we may update or change this Privacy Policy at any time without further notice.
Note: You must be 18 years old or older to register as a customer of HappyFresh.

1. Data Collected on Website and App
1.1. IP Address:
When visiting the Website, the IP address of the user’s computer is registered. The IP address is the numerical address of the computer used when visiting the Website. The IP address is registered to enable HappyFresh to trace the used computer in case of misuse or unlawful actions in connection with the visit on or use of the Website. Further, the IP address is used to derive your approximate location (city level).

1.2. Type of device you are using
E.g. Computer, Mobile device etc., including the operating system you use, hardware model and serial number, IP address, file names and versions and advertising identifiers or any information that may provide indication of device or app modification.

1.3. Type of web browser you are using

1.4. Personal Information
Before placing any order by using our Website or App, you are required to register an account and to provide us with a set of personal information (including but not limited to your name, email and contact details, bank account details, credit card/debit card details, your address and any other personal information that personally identifies you. We receive and store all information that you submitted at any required page on the Website or App.

1.5 Registration forms:
Information including, but not limited to: Name, Address, Telephone Number, E-mail Address.

1.6 Order forms:
Information including, but not limited to: name, email address, Credit Card/debit card number, credit card/debit card issuer bank, Expiration Date, security code, and Billing Address.

1.7 Delivery Information:
Information including, but not limited to: Name, Address, Telephone Number, Special delivery instructions and any other information to be provided for dispatch of goods/services.

1.8 Customer Information:
Information including, but not limited to: Products Ordered, Quantity of Order, Relevant promotional codes.

1.9 Other customer information:
If you communicate with us by e-mail, or otherwise complete online forms, surveys, or contest entries, any information provided in such communication may be collected as Personal Information.
The information as stated in Section 1 is collectively referred to as ”Personal Information”. It is mandatory for you to provide us with the personal details marked as mandatory as requested by us. You may choose not to provide us with mandatory Personal Information as requested by us or you wish to withdraw your consent or significantly limit the processing of your personal data, you agree that we may not be able to provide you with our services. In such an event, you can still access and view our Website or App; however, you may not be able to order any products. In addition, you can choose not to provide certain optional information, then you might not be able to take full advantage of many of the features on the Website or App.

2. How we use your personal information
We use your Personal Information for purposes as responding to your requests, creating and maintaining your account, processing and filling customer orders, verifying your qualifications for certain products and services, billing, improving our services, providing an enhanced and more personalized shopping experience, communicating with you, carrying out our obligations arising from any contracts entered into between you and us, and informing you of special offers and discounts. From time to time, we may also use your Personal Information to send you free samples of new products or product brands different from those you usually order.

We may also use and process your Personal Information for other purposes such as:

However, if you wish to “opt out” from any of the purposes mentioned above, please see Section 9 of this Privacy Policy. By accepting this Privacy Policy, you understand and agree that HappyFresh may provide your Personal Information to third parties to the extent necessary or desirable for the purposes stated above. For example, we may use a third party supplier for certain goods, an outside shipping company to ship orders, a third party to deliver goods and services, and we do as a matter of course use a credit card processing company to bill users for goods and services. We may also share your Personal Information as described in Sections 4 and 11 below. Except as provided above, and in Sections 4 and 11 below, we will not release your Personal Information to a third party unless you have granted us permission to do so.

3. Data controller
3.1.The information for which HappyFresh is the data controller, HappyFresh shall be data controller of the master data that you have entered in connection with your creation of a profile/account or registration for newsletters, i.e. your name, your password and your email address, as well as registration of your IP address. Furthermore, HappyFresh shall be the data controller of the information which is disclosed to other services.

3.2. The information for which you are the data controller, you shall be data controller of the content you choose to disclose on the Website and for the data disclosed on your profile on Social Networks, which is the consequence of the connection of your profile on the Website with your profile on the Social Network.

3.3. Links to websites
The Website contains links to other websites. Note that by clicking such links you will be transferred to other websites for which HappyFresh is not the data controller. We thus recommend that you always read the personal data policy of these websites, as their procedure for collecting and processing personal data may be different from ours.

4. Data processor
HappyFresh uses an external company for maintaining the technical operation of the Website. This external company is the data processor with regards to the personal data for which HappyFresh is the data controller.
By accepting this Privacy Policy, you accept that HappyFresh also allows the data for which you are the data controller to be processed by the same data processor.
The data processor shall solely act according to instructions from HappyFresh. By accepting these terms and conditions, you authorize HappyFresh to give such instructions to the data processor which are necessary for the processing of data in accordance with this Privacy Policy and for the purpose of use of the Website.
The data processor has made necessary technical and organizational safety measures against the information being accidentally or illegally destroyed, lost or deteriorated, and against the information coming to the knowledge of unauthorized persons, is misused or in other ways is processed in violation with the act on processing of personal data. On your request – and against remuneration of the data processor’s current hourly rates at any time for such work – the data processor shall supply you with sufficient information to demonstrate that the above-mentioned technical and organizational safety measures have been made.
HappyFresh may now or in the future process and / or store your personal data in the U.S. If you access or use the Website from a location outside of the U.S., you consent to the transfer, storage and processing of your personal data in the U.S.

5. Security measures
HappyFresh will use commercially standard practice and reasonable efforts to see that the recorded or stored data, including the personal information, under its control is handled by using appropriate security measures and to protect the personal information from unauthorized access, modification and disclosure. Our employees, contractors, agents and service providers who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. HappyFresh regularly audits its system for possible vulnerabilities and attacks. However, since the internet is not a 100% secure environment, HappyFresh cannot ensure or warrant the security of information you transmit to HappyFresh. Information sent via the Website are not encrypted, and HappyFresh, therefore, advises you not to communicate any confidential information through these means.

6. Our website uses cookies and in the following we describe what cookies we use and for what purposes. By using our website, you accept that we use cookies as described in the following.
6.1. What is a cookie?
Cookies are small information units which the Website places on your computer’s hard disk, on your tablet or on your smartphone. Cookies contain information that the Website uses to make the communication between you and your web browser more efficient. The cookie does not identify you as an individual user but identifies your computer.
There are two types of cookies – session cookies and persistent cookies. Session cookies are temporary bits of information which are deleted when you exit your web browser. Persistent cookies are more permanent bits of information that are stored and remain on your computer until they are deleted. Persistent cookies delete themselves after a certain period of time but are renewed each time you visit the website. The Website uses session cookies and persistent cookies.

6.2. What type of cookies do we use and for what purposes? We use cookies for:
6.2.1. Statistics:
Measuring Website traffic i.e. number of visits on the Website, which domains the visitors come from, which pages the visitors visit on the Website and in which overall geographical area the visitors are located.

6.2.2. Improvement of the functionalities of the Website:
Optimizing your experience with the Website, which includes remembering your user ID and password when you return to the Website so you do not have to log in again.

6.2.3. Connect with Social Media:
We give you the possibility of connecting with Social Media, such as Facebook, Instagram etc..

6.2.4. Targeted advertisement:
Displaying specific advertisements on the Website which we believe you will find interesting.

6.3. Third party cookies
Our Website use cookies from the following third parties:
6.3.1. Google Analytics: for statistical purposes. You can decline cookies from Google Analytics by clicking on this link: http://tools.google.com/dlpage/gaoptout

6.3.2. Facebook: Set by Facebook only if you interact with the Facebook plugin or are already logged into Facebook from other sources for the purpose of connecting and integrating with them.

6.3.3. Twitter: Set by Twitter only if you interact with the Twitter plugin or are already logged into Twitter from other sources for the purpose of connecting and integrating with them.

6.3.4. Google+: Set by Google only if you interact with the Google+ plugin or are already logged into Google from other sources for the purpose of connecting with them.

6.3.5. Google ads: for the purpose of displaying relevant advertisements.

6.4. Deletion of cookies
If you want to delete the cookies already on your equipment, you can, if you use a PC or a more recent browser, press CTRL + SHIFT + DELETE simultaneously. If the shortcuts do not work on your browser, please visit the support page for the browser in question. Please note that our Website will not work in its full extend if you delete the cookies.

7. Lost or Stolen Information
You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will note that you have cancelled your credit card number, user name, or password in our system and will update our records accordingly.

8. Access, correction and deletion
8.1. Access
Upon written request to HappyFresh via the contact information stated in section 9, HappyFresh shall inform you of the purpose of the processing; who receives the information and from where the information originates.
Requests regarding the above shall only be processed if more than 6 months have lapsed since your previous request unless you can substantiate a special interest in obtaining the information earlier.

8.2. Correction and deletion
If you discover that the information which HappyFresh as the data controller process on you is incorrect, inaccurate, incomplete or misleading, HappyFresh shall make the correction hereof on your request. We recommend that you – if possible – make the correction of such errors yourself.
You may at any time correct or delete any content and information on the Website for which you are the data controller, cf. Section 3.2. If your personal data change, or if you no longer wish to appear on the Website, you may update or delete the information by logging on to your user profile.
When your profile is deleted, all the data associated with your user profile is deleted. However, we will retain personal information from your deleted accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, assist with any investigations, enforce our Terms & Conditions, and take other action otherwise permitted by law. We will destroy the data once we confirm no use for it.

9. How to limit the use of your information
Our users are given the opportunity to “opt out” of having their information used for purposes not directly related to placement, processing, fulfillment or delivery of a product order at the point where we ask for the information. If you prefer to “opt out” and not have us send you material we think may be of interest to you, such as product information, product samples, and promotional mailings/e-mails from us and sites and companies we own, then you can notify us in one of the following two ways:
9.1.
Writing to us at:
iCart Malaysia Sdn. Bhd
B-21-1, Tower B, Northpoint Offices,
Mid Valley City, No.1 Medan Syed Putra Utara,
59200 Kuala Lumpur
Malaysia

9.2. Emailing us at: mysupport@happyfresh.com

10. Changes in the privacy policy
HappyFresh may at any time and without notice make changes to its privacy policy with future effect. We will make an effort to provide reasonable advance notice of any such changes. HappyFresh shall inform the users of the Website of such changes when the users log on to the Website. You agree that the continued use of the Website after any posted modified version of the Privacy Policy is your acceptance of the modified Privacy Policy.

11. Disclosure Required by Law
We may disclose Personal Information when required by law or to prevent fraud or illegal activities or when we believe in good faith that such action is necessary in order to conform to the edicts of the law or comply with a court order or legal process served upon HappyFresh or any of its officers or principals. We further reserve the right to disclose such information when HappyFresh reasonably believes that it is needed to identify, contact, or bring legal action against a party who may be violating HappyFresh Terms and Conditions or may be causing injury to or interference with HappyFresh rights or property, registered customers or potential customers of HappyFresh, or anyone else that could be harmed by such activities.

12. Inquiries regarding the Website or the privacy policy
In case of inquiries regarding HappyFresh’s privacy policy, our processing of personal data, correction of data or your relations to us in general, you are welcome to contact HappyFresh by email at mysupport@happyfresh.com.