Privacy Notice

Last updated: September 23, 2024

This Privacy Notice describes how Vorwerk Malaysia Enterprises Sdn Bhd (Registration No. 202401029759 (1575607-V)) (referred to as “we”, “our”, “us” or “Company”) collects, uses, and discloses your Personal Data (1) when you visit, use our services, or make a purchase from https://vorwerk.com.my/ (the "Site") or otherwise communicate with us regarding the Site or our services, or use our services in any other way (collectively, the "Services"), and with regards to (2) job applicants, (3) employees, (4) contractors/advisors and (5) any other persons who interact with us, including in social media platforms. 

For purposes of this Privacy Notice, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, job applicant, employee, contractor or another individual whose information we process pursuant to this Privacy Notice.

This Privacy Notice is issued in accordance with the Personal Data Protection Act 2010 (“Act”) and its regulations. Pursuant to the requirements of the Act, this Notice will inform you of your rights and detailing our processing of your personal data that has been and/or will be collected by us.

This Notice covers collection of your Personal Data via online and offline data collection activities, including activities on points of sale and events/workshops.

Changes to This Privacy Notice

We may update this Privacy Notice from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Notice on the Site, update the "Last updated" date and take any other steps required by applicable law.

What Personal Data We Collect and for What Purposes

The types of Personal Data we obtain about you depends on how you interact with us and/or our Site, and use our Services. The personal data that may be mandatory to be provided to us for us to fulfil the Purposes (defined below) (“mandatory personal data”) is indicated as such (*).

In general, we collect your personal data (i.) to perform a contract between you and us; (ii.) for us to take steps at your request with a view to entering a contract with us; (iii.) for compliance with any of our legal obligation other than contractual obligations; (iv.) to protect your vital interests (as applicable); (v.) to assess your job application, or (vi.) provide you with employment and maintain employment relationship with you. We will also process personal data for the purposes described below (collectively referred to as “Purposes”).

Personal Data We Collect Directly from Customers, Prospective Customers, and/or Website Users

Personal Data that you directly submit to us through our Services, the Site, or otherwise may include, without limitation:

• Contact details* including your name, address, phone number, e-mail.
• Order information including your billing address*, shipping address*, shipping method*, payment details* (payment method and credit / debit card details) and confirmation, order details*, advisor details.
• Account information including your username, password, security questions and other information used for account security purposes.
• Customer support information including your language and time zone, and the information you choose to include in communications with us, for example, when sending a message through the Services.
• Social Media Details including username, social media profile, comments and mentions about us, and direct messages.

We may also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Site and our Services.

We use your Personal Data for the Purpose of providing you with products and services in order to perform our contract with you, including to: 

• Create, maintain and otherwise manage your account.
• Fulfil your orders, process your payments, arrange for shipping, and facilitate any returns and exchanges.
• Send notifications to you related to your account, purchases, returns, exchanges or other transactions.
• Take steps to carry out repairs on our products, after sales service and attend to warranty claims as requested by you or required under warranties given by us.
• Respond to your enquiries and provide customer support.
• Enhance your shopping experience by enabling Shopify (provider of our e-commerce platform) to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
• To interact with you on social media.
• To continually communicate with you on demonstration and sales of our products.
• To carry out credit checks as permitted by law, and recover any debt or monies owed by you to the Company.

Some features of the Services may require you to directly provide us with certain Personal Data about yourself. You may elect not to provide this Personal Data, but doing so may prevent you from using or accessing some features of the Services.

Personal Data We Collect from Advisors

If you are a contractor/advisor, Personal Data which we may collect from you or third parties includes, without limitation, your:

• Contact details*, including your name*, salutation, address*, phone number, e-mail and other contact details*;
• Identification details*, such as you national ID number and signature;
• Training history;
• Professional engagement*, including performance records;
• Payment/Commissions information*, including bank account details;
• Any additional information provided by you, such as resume/curriculum vitae, photographs and other audio-visual information.

Your Personal Data will be collected and used by us for the following Purposes:

• Performing obligations under or in connection with your contract or engagement with us, including recruiting and onboarding.
• All administrative related matters within our organisation, including administering payment of fees/commissions, granting access to our premises and computer systems.
• Managing and terminating our relationship with you.
• Assessing and evaluating your suitability for engagement with our organisation.
• Facilitating any proposed or confirmed merger, acquisition or business asset transaction involving any part of our organisation, or corporate restructuring process.
• Facilitating our compliance with any laws, customs and regulations which may be applicable to us.
• Administering your participation in our programmes/events/workshops or other legitimate activities.
• Disseminating marketing and promotional information with your consent.

Personal Data We Collect for Job Applicants and Employees

If you are a job applicant, Personal Data which we may collect from you or third parties includes, without limitation, your:

• Contact details including your name*, salutation, address*, phone numbers, e-mail and other contact details*.
• Resume/curriculum vitae*, including educational qualifications, professional qualifications and certifications and employment references, photographs.
• Employment and training history.
• Any additional information provided by you, such as gender, nationality, salary expectation, notice period.

Your Personal Data will be collected and used by us for the following Purposes:

• Assessing and evaluating your suitability for employment in any current or prospective position within the organisation; and
• Verifying your identity and the accuracy of your personal details and other information provided.

If you are an employee, personal data which we may additionally collect from you or third parties in the context of your employment with us includes, without limitation, your:

• Identification details*, such as your national ID number and signature.
• Employee-related general data*, such as birth date, job title, starting date, marital status, details of your family members if necessary.
• Professional engagement*, such as records on working hours and leave of absence from work, performance assessments and disciplinary records.
• Payment / salary information*, including bank account details.
• Health data*, work-related health issues and disabilities, which is sensitive personal data that will require your explicit consent.
• Any additional information provided to us by you as a job applicant (that is, prior to being engaged as an employee) or employee.

Your Personal Data will be collected and used by us for the following Purposes:

• Performing obligations under or in connection with your contract of employment with us, including payment of remuneration and tax.
• All administrative and human resources related matters within our organisation, including administering payroll, granting access to our premises and computer systems, processing leave applications, administering your insurance and other benefits, processing your claims and expenses, investigating any acts or defaults (or suspected acts or defaults) and developing human resource policies.
• Managing and terminating our employment relationship with you.
• Assessing and evaluating your suitability for employment/appointment or continued employment/appointment in any position within our organisation.
• Performing obligations under or in connection with the provision of our goods or services to our clients.
• Facilitating any proposed or confirmed merger, acquisition or business asset transaction involving any part of our organisation, or corporate restructuring process.
• Facilitating our compliance with any laws, customs and regulations which may be applicable to us.
• To administer your participation in our programmes/events/workshops or other legitimate activities.

We will only process your personal data for the Purposes described above and related purposes.

Sources of Personal Data

Personal data may be collected from sources including, but not limited to, the following:

• Application forms (digital, physical, or any other forms), whether received by us directly or through recruitment partners;
• Our official website and social media accounts;
• Business cards;
• Data shared with us verbally or in writing, via physical, digital and/or other means, such as online meetings (such as Zoom, Microsoft Teams, Google Meet, or any other similar online meeting software); 
• Information provided by you as part of your employment with us; 
• Written communications with us (such as physical letters, WhatsApp messages, SMS messages, and any other means);
• Companies who support our website and services we offer, such as Shopify;
• Our payment processors, who collect payment information to process your payment in order to fulfil your orders and provide you with products or services you have requested, in order to perform our contract with you; and/or
• When you visit our Site, open or click on e-mails we send you, or interact with us or our advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

How We Disclose Personal Data 

We will keep your personal data confidential and will not disclose your personal data for any purpose other than the purposes for which the personal data was collected at the time of collection, or for the Purposes above.

Your personal data will be processed by our authorized staff or agents, on a “need-to-know” basis in order to process your personal data to achieve the Purposes. 

However, your personal data may be disclosed to any other parties including our group companies and/or affiliates outside of Malaysia that provide us with goods and/or services as part of our business, including Vorwerk SE & Co. KG and Vorwerk Services GmbH.

Additionally, we may also disclose your personal data to the following persons (where in some cases, personal data will be transferred to these persons outside of Malaysia):

• Vendors or other third parties who perform services on our behalf (e.g., Advisors, IT management, payment processing, data analytics, customer support, cloud storage, fulfilment and shipping).
• Business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
• Our professional advisors including lawyers, accountants, tax advisors and auditors, on a need-to-know basis.
• Law enforcement bodies, courts, regulatory, government or other bodies as may be required or authorised by law.
• Any entity that may acquire the Company, forms part of our internal reorganisation or may acquire our business or assets, where all or any personal data processed by us may be transferred.
• Other third parties, when you direct, request us or otherwise consent to our disclosure of certain information to such third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent; and

Credit providers, credit reporting and fraud prevention agencies for purposes of credit checking and fraud prevention as permitted by lawDebt collection agencies and other parties that assist with debt recovery

• Financial institutions for purposes of assessing credit or facilitating payments 
• Human resources recruitment partners if you are employed through them.

Any additional disclosures of your personal data to any other third party will be done with your knowledge and consent.

Cookies

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our e-store with Shopify, see https://www.shopify.com/legal/cookies.

We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

Third party Websites and links

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of our website and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on our website.

Children’s Data

Our Services are not intended to be used by children, and we do not knowingly collect any personal information about children below the age of 18. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

Security of Your Personal Data

We keep and process your personal data in a secure manner, where practicable, and in accordance with the applicable laws and regulations to protect personal data from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction. We have in place these security measures:

• Personal data is pseudonymized and encrypted whenever possible;
• Personal data is subject to ongoing confidentiality, integrity, availability and resilience of processing systems and services; 
• We implement processes for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.

However, it is your sole responsibility to ensure that the provision of your personal data to us is done using methods that are secure, as we do not guarantee that the means you use to provide us with your personal data (for example, your email provider or courier service) will be secure from data breaches. 

Similar security measures mentioned in this clause are also applied for any transfers of personal data outside of Malaysia.

Retention of Your Personal Data

How long we retain your Personal Data depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies. We shall take all reasonable steps to ensure that all personal data is destroyed or permanently deleted if it is no longer required for the Purpose for which it was to be processed.

Your Obligations

It is also obligatory for you to provide us with mandatory personal data that is accurate and updated in order for us to fulfil the purposes. If you do not provide us with personal data, we will be unable to process your personal data on your behalf, for the Purposes stated in this Notice, or effectively render our services to you, and all relationships created or to be created between you and the Company shall be terminated and cease to be in effect immediately.

Your rights

You have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Data.

Further, you can also do the following:

• request deletion, correction or revision of your personal data;
• limit the use and disclosure of your personal data; and
• revoke your consent to our processing of your personal data.

In certain circumstances, we will not be able to delete your personal data without also deleting your user account. We may be legal or contractually required to retain some of your personal data after you have requested for deletion. 

You may exercise these rights by contacting us at the contact details found under the Section “Contact” below.

A request relating to your personal data may be rejected if the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf. Any identification information provided to us will only be processed in accordance with, and to the extent permitted by applicable laws.

Language

This Notice is prepared in the English and Bahasa Malaysia languages. In the event of any inconsistency or conflict between the English version and the Bahasa Malaysia version, the English version shall prevail.

Acknowledgement and Consent

By accessing and registering on our website and clicking the “Accept” button to this Notice on our website, or by providing your personal data to us, or by using our products and services, you acknowledge that you have read and understood this Notice and agree and consent to the processing of your personal data as described in this Notice. You can also withdraw your consent by written notice by contacting us at the contact information found under the Section “Contact” of this Notice.

Complaints

If you have complaints about how we process your Personal Data, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

Contact

Should you have any questions about our privacy practices or this Privacy Notice, or if you would like to exercise any of the rights available to you, please email us at the following contact details:

Name: Pascal Brinkmann

Designation: Data Protection Contact

E-mail: pascal.brinkmann@luther-services.com

Phone: +60 32166 0085