Privacy Policy

This Privacy Policy is effective as of 1 July 2015.

Gawin’s mission is to empower people to find and hire the best providers for their service needs, and to be a driver of commerce for businesses. We value your privacy. You are given the power to decide what personal information you share with us. We also let you know how we may use the personal information that you share with us. Defined terms used here shall bear the same meaning as defined in our Terms and Conditions, unless otherwise stated.

Gawin is committed to complying with the Personal Data Protection Act 2010 (“PDPA”) of Malaysia. This Privacy Policy Statement sets out how Gawin collects and uses your personal data. It also sets out the measures that we put in place with regards to personal data protection.

Collection and Use of Personal Data

You can generally use and browse the Website without providing any Personal Data and may remain anonymous

However, to gain the full benefit and optimum experience of our Website, you may elect and decide to create an Account or to register your details with us, in which case you may be required to provide personal information such as (but not limited to) your name, telephone number, general geographical location or address, e-mail address or any other information which may identify you (“Personal Data”).

Such Personal Data may be used to:

Enable you to access and use the Website and Gawin Services;
send you emails, SMS or other form of communication which is related to your use of the Website, such as to verify your identity, personal information, refer you to Service Professionals for Services that you have requested or for other purposes related to the Gawin Service; and
add you to our mailing list, to send you marketing and promotional materials which we think you may be interested in from time to time. You can at any time decide to unsubscribe from our mailing list and to stop receiving marketing and promotional materials via the links in such communication or by emailing us at support@gawin.ph.

HOW DO WE USE THE INFORMATION YOU PROVIDE US?

We may collect, use, disclose and/or process your personal data for one or more of the following purposes:

to consider and/or process your application/transaction with us or your transactions or communications with third parties via the Services;
to manage, operate, provide and/or administer your use of and/or access to our Services and our Platform, as well as your relationship and user account with us;
to manage, operate, administer and provide you with as well as to facilitate the provision of our Services, including, without limitation, remembering your preferences;
to tailor your experience through the Services by displaying content according to your interests and preferences, providing a faster method for you to access your account and submit information to us and allowing us to contact you, if necessary;
to respond to, process, deal with or complete a transaction and/or to fulfil your requests for certain products and services and notify you of service issues and unusual account actions
to enforce our Terms of Service or any applicable end user license agreements;
to protect personal safety and the rights, property or safety of others;
for identification and/or verification;
to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our Services;
to deal with or facilitate customer service, carry out your instructions, deal with or respond to any enquiries given by (or purported to be given by) you or on your behalf
to contact you or communicate with you via voice call, text message and/or fax message, email and/or postal mail or otherwise for the purposes of administering and/or managing your relationship with us or your use of our Services, such as but not limited to communicating administrative information to you relating to our Services. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
to allow other users to interact or connect with you on the Platform, including to inform you when another User has sent you a private message or posted a comment for you on the Platform;
to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyse how you use our Services, to improve our Services or products and/or to enhance your customer experience;
to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with Gawin’s Services;
where you give us your prior consent, for marketing and in this regard, to send you by various modes of communication such as postal mail, email, location-based services or otherwise, marketing and promotional information and materials relating to products and/or services (including, without limitation, products and/or services of third parties whom Gawin may collaborate or tie up with) that Gawin (and/or its affiliates or related corporations) may be selling, marketing or promoting, whether such products or services exist now or are created in the future.
to respond to legal processes or to comply with or as required by any applicable law, governmental or regulatory requirements of any relevant jurisdiction, including, without limitation, meeting the requirements to make disclosure under the requirements of any law binding on Gawin or on its related corporations or affiliates;
to produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
to carry out due diligence or other screening activities (including, without limitation, background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;
to audit our Services or Gawin's business;
to share your data with third party for fulfillment of your transaction with us or refunds;
to prevent or investigate any actual or suspected violation of our Terms of Service, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us.
to store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside of your jurisdiction;
to deal with and/or facilitate a business asset transaction or a potential business asset transaction, where such transaction involves Gawin as a participant or involves only a related corporation or affiliate of Gawin as a participant or involves Gawin and/or any one or more of Gawin related corporations or affiliates as participant(s), and there may be other third party organizations who are participants in such transaction. A “business asset transaction” refers to the purchase, sale, lease, merger, amalgamation or any other acquisition, disposal or financing of an organization or a portion of an organization or of any of the business or assets of an organization; and/or
any other purposes which we notify you of at the time of obtaining your consent. (collectively, the “Purposes”).

As the purposes for which we will/may collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the Privacy Laws.

Sharing of Information From The Services

Our Services enable users to share personal information with each other, in almost all occasions without Gawin’s involvement, to complete transactions. In a typical transaction, users may have access to each other’s name, user ID, email address and other contact and postage information. Users in possession of another user’s personal data (the “Receiving Party”) must

comply with all applicable Privacy Laws
allow the other user (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and
allow the Disclosing Party to review what information have been collected about them by the Receiving Party.

How Does Gawin Protect Customer Information?

We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems However, there can inevitably be no guarantee of absolute security.

We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any legal or business purposes. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

Does Gawin Disclose The Information It collects From It's Visitors TO

In conducting our business, we will/may need to disclose your personal data to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Such third parties include, without limitation:

our subsidiaries, affiliates and related corporations;
other users of our Platform for one or more of the above-stated Purposes
contractors, agents, service providers and other third parties we use to support our business. These include but are not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres;
a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Gawin’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Gawin about our Service Users is among the assets transferred; or to a counterparty in a business asset transaction that Gawinor any of its affiliates or related corporations is involved in; and
third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.

This may require, among other things, share statistical and demographic information about our Users and their use of the Services with suppliers of advertisements and programming. This would not include anything that could be used to identify you specifically or to discover individual information about you.

For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply.

Third parties may unlawfully intercept or access personal data transmitted to or contained on the Platform, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however there can inevitably be no guarantee of absolute security such as but not limited to when unauthorised disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.

Information On Children

The Services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 13 nor is any part of our Platform or other Services directed to children under the age of 13. As a parent or a legal guardian, please do not allow such children under your care to submit personal data to Gawin, you hereby consent to the processing of the child's personal data and accept and agree to be bound by this Policy on behalf of such child. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted without parental consent by any child under the age of 13.

Information collected By Third Parties

Our Platform uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies, which are text files placed on your computer, to help the Platform analyse how Users use the Platform. The information generated by the cookie about your use of the Platform (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Platform, compiling reports on Platform activity for Platform operators and providing other services relating to Platform activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.

We, and third parties, may from time to time make software applications downloads available for your use on or through the Services. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your computer's IP Address or other information such as any cookies that you may previously have installed or that were installed for you by a third party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third party products or services provided through these applications are not owned or controlled by K. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

Disclaimer Regarding Security AND Third Party Sites

WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.

In an attempt to provide you with increased value, we may choose various third party websites to link to, and frame within, the Platform. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third party web sites (even if offered on or through our Platform) may not be received by us.

We therefore have no responsibility or liability for the content, security arrangements (or lack thereof) and activities of these linked sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

Other Information Collected

When you visit our Website, we may also automatically record information that your browser sends whenever you visit a website. This data does not identify you as an individual and may include:

Your computer's IP address;
Browser type;
The pages you visit on our Website; and
The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics.

This information is collected for analysis and evaluation in order to help us improve the Website and Gawin Services. This data is collected anoymously and will not be used in association with any Personal Data.

As part of the above, we may use cookies and Google Analytics. We may also use remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show our ads on websites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on visitors’ past visits to our website, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website.

Links to Other Websites

We may provide links to other websites that we do not control, these include those of our Service Professionals. We do not assume responsibility for the privacy practices, products, services or any other content of any websites or pages that is not under our control. We do not bear any responsibility for any actions or policies of third-party websites. Moreover, we disclaim all responsibility for the subsequent use of an email address or any other personally identifiable information you have provided to an affiliate store or any other website we might link to that is not under our control. You are advised to check the privacy policies of those websites upon visiting them.

Disclosure of information

We do not sell, distribute or lease Personal Data or information that you provide or which Gawin otherwise comes by to third parties unless required by law, or with your permission. We may however disclose or transfer Personal Data or information for the purposes of rendering our services to you and this may include disclosure to any professional, third party service providers to us, who are formally engaged by us to help us make available and provide the Website and the Gawin Service.

Protection of information

Gawin is committed to take all reasonable and practical steps to ensure that any personal information or data that we collect or come into possession of is protected against loss, misuse, abuse, modification or any unauthorized or accidental use, access, disclosure, modification, alteration or destruction. We ensure that all Personal Data collected will be safely and securely stored. We protect your personal information by:

Restricting access to Personal Data;
Maintaining and implementing measures to prevent unauthorized computer access; and
Securely destroying and / or deleting your personal information when it's no longer needed.

Contact Information for Access, Correction, Enquiries

Should you wish to:

access; or
make any corrections to,

the Personal Data which Gawin has collected from you, or otherwise have any enquiries in respect of your Personal Data, please feel free to contact us via e-mail at support@gawin.ph.

Changes to this Privacy Policy

Gawin may revise this Privacy Policy from time to time, as it may deem necessary. You will be notified of any such changes. By accessing or continuing use of our services after any changes to this Privacy Policy, you agree to be bound by this Privacy Policy including any changes made to it. If you have any questions regarding this Privacy Policy, you may contact us at support@gawin.ph.