PRIVACY POLICY
This Privacy Policy (“Policy”) presents our privacy practices, so that you understand when and how your Personal Data (as defined below) is collected, used, disclosed, and protected. By using the website located at www.hawkers.com (“Website”), you hereby consent to this Policy and any updates to it.
1. Information and Consent
1.1. This Privacy Policy (“Privacy Policy”) sets out how HAWKERS manages and processes personal data and information in accordance with the Personal Data Protection Act 2010 (“PDPA 2010”) and the laws of Malaysia.
1.2. By accepting this Privacy Policy, the user (hereinafter, the “User” or the “Users”) is hereby informed and gives their free, informed, express and unequivocal consent for the processing by HAWKERS of their personal data that they may provide through the web page located in the URL [https://www.hawkersco.com/] (“Website”), as well as to the processing of the data derived from their browsing and any other data that they may provide in the future. If the User does not agree with the provisions of this Privacy Policy or the privacy practices herein, or any part hereof, please do not continue using the Website and do not provide the User’s personal data and information.
1.3. The User must carefully read this Privacy Policy, which has been drafted in a clear and simple manner in order to facilitate its understanding, with the User having the power to freely and voluntarily decide whether they wish to provide their personal data to HAWKERS. The User must read this Privacy Policy before using the website and before providing or submitting any personal data and information to HAWKERS.
1.4. This Privacy Policy shall only be applicable to the Website and HAWKERS shall not be responsible for any third party links or websites.
2. What is Personal Data and Information?
2.1. In accordance with the PDPA 2010, “personal data” is defined as any information of commercial transactions, which is either being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose, recorded with the intention that it should wholly or partly be processed by means of such equipment, or recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system.”
3. Obligation to provide data
3.1. The personal data requested on the Web forms are generally compulsory (unless in the field in question it is specified to the contrary) so as to comply with the purposes for which they are collected.
3.2. Therefore, if they are not provided, or they are not provided correctly, these purposes cannot be fulfilled, notwithstanding that the User will be able to freely view the content of the Website.
4. With what Purpose shall HAWKERS Process User Data?
4.1. The personal data provided via the Website shall be processed by HAWKERS for purposes which may include, but not be limited to, any of the following:
(a) Personal data provided to formalise a purchase:
- (i) To register or create the User's account on the Website in order to complete a purchase.
- (ii) To ascertain the product best suited for the User based on their overall health, visual/eye health, and/or eye prescription data from a qualified ophthalmologist and/or optometrist.
- (iii) To manage, process, ship, and monitor purchases made.
- (iv) To contact the User to complete the User's order if they have saved their shopping cart or they have saved products in their shopping cart without completing the payment process.
- (v) To carry out quality and customer satisfaction surveys.
- (vi) To send personalized commercial communications to the User concerning products and services offered by HAWKERS, by electronic and/or conventional means.
- (vii) To send commercial communications to the User, by electronic and conventional means, concerning products and services offered by (i) companies from the Group SALDUM VENTURES, S.L. (Companies of the Saldum Group: Northweek, S.L.; Miss Hamptons Brand, S.L;, After Sunglasses, S.L.; Bratleboro, S.L.; Play Okyla, S.L.; Hawkers Group Retail, S.L;, Saldum Eyewear, S.L.; and Wolf & Sun, S.L.), a group of companies to which HAWKERS belongs; and (ii) other companies with which HAWKERS collaborates.
- (viii) To prepare a commercial profile, using third party sources, in order to offer the User products and services in accordance with their interests.
- (ix) To carry out an analysis on the use of the Website and verify User preferences and behavior with the purpose of improving communication with Users of the Website.
(b) Personal data provided through forms on the website concerning out of stock products:
- (i) To inform Users of the availability of products which they showed interest in but were out of stock.
- (ii) To send commercial communications to the User, by electronic and/or conventional means, concerning products and services offered by (i) HAWKERS; (ii) companies from the Group SALDUM VENTURES, S.L., a group of companies to which HAWKERS belongs; and (iii) other companies with which HAWKERS collaborates.
- (iii) To prepare a commercial profile, using third party sources, in order to offer the User products and services in accordance with their interests.
- (iv) To carry out an analysis on the User's use of the Website and verify User preferences and behavior with the purpose of improving communication with Users of the Website.
(c) Personal data provided through contact forms:
- (i) To manage, process, and respond to petitions, requests, incidents, or enquiries by the User.
- (ii) To send commercial communications to the User, by electronic and/or conventional means, concerning products and services offered by (i) HAWKERS; (ii) companies from the Group SALDUM VENTURES, S.L., a group of companies to which HAWKERS belongs; and (iii) other companies with which HAWKERS collaborates.
- (iii) To prepare a commercial profile, using third party sources, in order to offer the User products and services in accordance with their interests.
- (iv) To carry out an analysis on the use of the Website and verify User preferences and behavior with the purpose of improving communication with Users of the Website.
(d) Personal data provided in order to obtain discounts or to participate in promotions:
- (i) To manage and carry out the promotion, as well as manage the development thereof.
- (ii) To send commercial communications to the User, by electronic and/or conventional means, concerning products and services offered by (i) HAWKERS; (ii) companies from the Group SALDUM VENTURES, S.L., a group of companies to which HAWKERS belongs; and (iii) other companies with which HAWKERS collaborates.
- (iii) To prepare a commercial profile, using third party sources, in order to offer the User products and services in accordance with their interests.
- (iv) To carry out an analysis on the use of the Website and verify User preferences and behavior with the purpose of improving communication with Users of the Website.
(e) Personal data provided through HAWKERS Online Chat on the Website:
- (i) To manage, process, and respond to the User's requests, incidents, or queries.
(f) Any other purpose including retargeting through Meta, commercial purposes, and/or commercial campaigns.
4.2. HAWKERS may also collect the User’s personal data for other purposes, without the User’s knowledge or consent, where this is required or permitted by law. Other purposes may include, but not be limited to, any of the following:
- (a) To verify the User as a HAWKERS customer or user of the Website.
- (b) To identify, detect, investigate and/or prevent any fraudulent activities on the Website.
- (c) To identify, detect, investigate, resolve and/or prevent any dispute, complaint or claim arising out of or in connection with your use, or participation in the use of the Website.
- (d) To assist in the monitoring, maintenance and improvement of the Website.
- (e) To investigate, respond to, or defend against claims made against, or involving, HAWKERS.
- (f) To comply with the PDPA 2010 and/or any other applicable laws and regulations in Malaysia.
- (g) For any other reasonable purpose related to the aforesaid.
- (h) For any other purpose that is required or permitted by any law, rules and regulations, guidelines and/or regulatory authority.
5. What User Personal Data does HAWKERS Process?
5.1. HAWKERS shall process the following categories of User personal data:
(a) Personal data provided to formalize a purchase:
- (i) Identification data: name, surnames, country of residence.
- (ii) Health data: any information and/or measurement of the body/eye for the purposes of determining a User’s visual health, eye prescription data from a qualified ophthalmologist and/or optometrist as necessary. For more information, please review the Terms and Conditions.
- (iii) Contact information: e-mail address, telephone number and postal/billing address.
- (iv) Transaction data relative to goods and services offered by HAWKERS: products and services acquired or products and services which the User has shown interest.
- (v) Economic and financial data on the User’s bank card and/or bank account details.
- (vi) Browsing data.
(b) Personal data provided through forms concerning out of stock products:
- (i) Identification data: name and surnames.
- (ii) Contact information: e-mail address.
- (iii) Transaction data relative to goods and services offered by HAWKERS: products and services which the User has shown interest.
- (iv) Browsing data.
(c) Personal data provided through contact forms:
- (i) Identification data: name and surnames.
- (ii) Contact information: e-mail address, telephone number and postal/billing address.
- (iii) Other data: data provided by Users themselves in open fields on the forms provided throughout the Website.
- (iv) Browsing data.
(d) Personal data provided in order to obtain discounts or to participate in promotions:
- (i) Identification data: name, surnames and date of birth.
- (ii) Contact information: e-mail address, telephone number and postal/billing address.
- (iii) Transaction data relative to goods and services offered by HAWKERS: products and services which the User has shown interest.
- (iv) Browsing data.
(e) Personal data provided through the ONLINE Chat:
- (i) Identification data: name and surnames.
- (ii) Contact information: e-mail address, telephone number and postal/billing address.
- (iii) Transaction data relative to goods and services offered by HAWKERS: products and services which the User has shown interest.
- (iv) Other data provided by the User through the ONLINE Chat.
- (v) Navigation data.
5.2. In the event the User is a person who has yet to attain the age of majority, which is eighteen (18) years of age (“Minor”), the User will be required to use the Website and to register and create an account on the Website under the strict supervision of a parent or legal guardian (“Legal Guardian”). In such a case, the Legal Guardian will be required to provide HAWKERS with their personal data and information and this Privacy Policy shall be applicable to the Legal Guardian as it is to all Users.
5.3. In the event that the User provides third party data, the User hereby declares to have the consent thereof, and undertake the commitment to forward thereto the information set forth in this Privacy Policy, exempting HAWKERS from any liability towards the third party concerned. However, HAWKERS may carry out periodic verifications to confirm this, adopting the corresponding due diligence measures, in accordance with the PDPA 2010 and the laws of Malaysia.
6. How does Hawkers Process the User’s Data?
6.1. Hawkers shall use the User’s personal data for the following:
(a) Personal data provided to formalize a purchase:
- (i) Execution of the contract: to manage, process, ship and monitor purchases made, and to contact the User to complete the order if they have saved their shopping cart or they have saved products in their shopping cart without completing the payment process.
- (ii) Selection of product: To ascertain the product best suited for the User based on their overall health, visual/eye health, and/or eye prescription data from a qualified ophthalmologist and/or optometrist. For more information, please review the Terms and Conditions.
- (iii) Legitimate interest: to carry out quality and customer satisfaction surveys, and to send, by electronic and/or conventional means, personalized commercial communications concerning products and services offered by HAWKERS.
- (iv) To obtain consent: for the forwarding of commercial communications by electronic and conventional means, concerning products and services offered by third parties, be they companies belonging to the Group SALDUM VENTURES, S.L., group of companies to which HAWKERS belongs, or other collaborating companies.
(b) Personal data provided through out of stock product forms:
- (i) To inform Users of the availability of products which they showed interest but were out of stock.
- (ii) To obtain consent for the forwarding of commercial communications by electronic and conventional means, concerning products and services offered by HAWKERS and third parties, be they companies belonging to the Group SALDUM VENTURES, S.L., group of companies to which HAWKERS belongs, or other collaborating companies.
- (iii) To prepare a commercial profile, by using third party sources, in order to offer the User products and services in accordance with their interests.
(c) Personal data provided through contact forms:
- (i) To manage, process and respond to petitions, requests, incidents or enquiries by the User.
- (ii) To obtain consent for the forwarding of commercial communications by electronic and conventional means, concerning products and services offered by HAWKERS and third parties, be they companies belonging to the Group SALDUM VENTURES, S.L., group of companies to which HAWKERS belongs, or other collaborating companies.
- (iii) To prepare a commercial profile, by using third party sources, in order to offer the User products and services in accordance with their interests.
(d) Personal data provided through collaboration forms:
- (i) Execution of the contract: to manage the relationship with collaborators or influencers.
- (ii) To obtain consent for the forwarding of commercial communications by electronic and conventional means, concerning products and services offered by HAWKERS and third parties, be they companies belonging to the Group SALDUM VENTURES, S.L., group of companies to which HAWKERS belongs, or other collaborating companies.
- (iii) To prepare a commercial profile, by using third party sources, in order to offer the User products and services in accordance with their interests.
(e) Personal data provided in order to obtain discounts or to participate in promotions:
- (i) To manage the promotion and give effect to the discount or promotion.
- (ii) To obtain consent for the forwarding of commercial communications by electronic and conventional means, concerning products and services offered by HAWKERS and third parties, be they companies belonging to the Group SALDUM VENTURES, S.L., group of companies to which HAWKERS belongs, or other collaborating companies.
- (iii) To prepare a commercial profile, using third party sources, in order to offer the User products and services in accordance with their interests.
(f) Personal data provided through the ONLINE Chat:
- (i) To manage, process and respond to requests, incidents or queries from the User.
6.2. The consent obtained for the aforesaid purposes are independent of each other, thus the User may revoke only one without affecting the others.
6.3. The user can revoke his or her consent by filling out the following contact form at www.hawkersco.com/pages/contact.
7. With whom shall HAWKERS share User Data?
7.1. User personal data may be disclosed to:
- (a) The Personal Data Protection Commissioner and/or any other party required by a court and/or governmental authority under any applicable law, legislation, statute, by-laws, rules and/or regulations.
- (b) SALDUM VENTURES, S.L., the holding company, based on the legitimate interest as conferred by law as an associated company of HAWKERS, for administrative purposes and for managing its business group.
- (c) The companies belonging to the Group SALDUM VENTURES, S.L. (defined above) so that they may forward the User personalized commercial communications, by electronic and conventional means.
- (d) Companies related with the marketing sector or belonging to digital, telecommunications, finance, leisure, large consumption, the automotive sector, energy and water, NGO’s, jewellery and precious stones, so that they may forward the User commercial communications, by electronic and conventional means, related to the aforesaid sectors.
- (e) Any other appointed companies, organisations or service providers for the purposes of managing, processing, shipping, monitoring and completing purchases made.
- (f) Any governmental bodies or agencies, for the purposes of HAWKERS compliance with the relevant legal and regulatory obligations.
- (g) Any court or governmental authority, as a requirement under any applicable law, legislation, statute, by-laws, rules, regulations and/or court order.
- (h) Other appointed companies, organisations or service providers, for the purposes of processing personal data and information on HAWKERS behalf.
- (i) Other appointed companies, organisations or service providers, for the purposes of maintaining, improving, updating or upgrading the Website.
7.2. When disclosing personal data and information to third parties, HAWKERS will (where appropriate and permissible) enter into contracts with such third parties to protect personal data and information in a manner that is consistent with all applicable laws for the purposes of ensuring that they only process personal data and information in accordance with HAWKERS instructions.
8. International Personal Data Transferral
8.1. The User is hereby informed that HAWKERS has contracted the services of Shopify, Google, Microsoft, Dropbox, Mailchimp, Atlassian, Amazon Web Services and Slack, whose servers are located in the United States of America, which implies an international personal data transferral. However, international data transferral is regulated, in that the aforementioned companies have adhered to the Privacy Shield Policy.
8.2. Save for Clause 8.1, Clause 8.2 and Clause 9.1 above, HAWKERS does not transfer, sell, lend or otherwise make the User’s personal data and information available to any other third party save for the purposes stipulated herein. In any event of the transfer, sale, lending or availability of the User’s personal data and information, HAWKERS will obtain the User’s prior consent for the same and HAWKERS will take reasonable steps to ensure that the User’s personal data continues to receive the same standard of protection in accordance with the PDPA 2010 and the laws of Malaysia.
8.3. HAWKERS is committed to safeguarding the User’s personal data and information and shall ensure that the User’s personal data and information receives an adequate level of protection at all times for the purposes of preventing unauthorized access and disclosure, misuse, loss, change and/or destruction of the User’s personal data and information.
9. Retention and Storage of Data
9.1. The User’s personal data shall be retained and stored for such period as may be necessary and required to fulfill the purposes for which such personal data and information was collected and for the purposes of fulfilling HAWKERS corporate, business, reporting, compliance, and legal obligations, including during the following periods:
(a) Personal data provided to formalize a purchase:
- (i) Data provided to manage, process, ship, and monitor purchases made shall be stored for the duration of the contractual relationship, and once said relationship has concluded, for a period of six (6) years from the date of the delivery of the purchased goods (being the duration of the limitation period for bringing claims related to this Privacy Policy), or for a period as may be necessary and/or required to commence or defend any legal action that may arise.
- (ii) The data used to contact the User to complete the order if they have saved their shopping cart or they have saved products in their shopping cart without completing the payment process shall be stored for a period of 180 days.
- (iii) The data relative to customer satisfaction and quality surveys shall be stored for five (5) years or for any other period as may be necessary or required for completing the surveys.
- (iv) Personal data collected for use for a limited purpose will generally not be retained for more than one (1) year after completion of the limited purpose.
- (v) Over the period of storing accounting documents or accounting documents, resulting from generally applicable regulations, depending on which of these periods will be longer.
(b) Personal data provided through forms concerning out of stock products:
Shall be processed until the communication is forwarded to the User, indicating that the product is in stock, and in the event that it is not in stock, for a period of six (6) months.
(c) Personal data provided through contact forms:
Shall be stored during the period necessary for its processing and for replying to the request set forth therein, and once said period has concluded, for a period of six (6) years from the date the processing and/or reply has concluded (being the duration of the limitation period for bringing claims), or for a period as may be necessary and/or required to commence or defend any legal action that may arise.
(d) Personal data provided through collaboration forms:
Shall be stored for the duration of the contractual relationship, and once said relationship has concluded, for a period of six (6) years from the date the relationship is concluded (being the duration of the limitation period for bringing claims), or for a period as may be necessary and/or required to commence or defend any legal action that may arise.
(e) Personal data provided for the sending of a newsletter:
Shall be stored until such time as the User revokes the consent given to this end.
(f) Personal data provided in order to obtain discounts or to participate in promotions:
Shall be stored until the end of the promotion, and once said period has concluded, for a period of six (6) years from the end of the promotion (being the duration of the limitation period for bringing claims), or for a period as may be necessary and/or required to commence or defend any legal action that may arise.
(g) Personal data used for the forwarding of commercial communications:
Shall be processed until the User objects to said use or revokes their consent.
(h) Personal data used for the purposes of creating profiles, using third party sources:
May be retained and stored for more than three (3) years, or for any other period as may be necessary or required for creating profiles.
(i) Personal data provided through the ONLINE Chat:
Will be kept for the period necessary to process and respond to a request and, once it has ended, for a period of six (6) years from the date the processing and/or reply has concluded (being the duration of the limitation period for bringing claims), or for a period as may be necessary and/or required to commence or defend any legal action that may arise.
9.2. HAWKERS will cease to retain the User’s personal data, or remove the means by which the data and information can be associated with the User, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data and information was collected, and is no longer necessary for the purposes of complying with HAWKERS corporate, business, reporting, compliance, and legal obligations.
10. Commercial and Promotional Communications
10.1. One of the purposes behind HAWKERS’ processing of the personal data provided by Users is to forward commercial communications with information relative to products, services, promotions, offers, events or relevant news for Users.
10.2. In the event that the User no longer wishes to receive commercial communications or promotions from HAWKERS, they may request that they be removed from said service by sending an e-mail to dpo@saldum.com.
11. Responsibilities of the User
11.1. The User:
- (a) Guarantees that they are at least eighteen (18) years of age and that the data provided to HAWKERS is true, exact, complete and updated. To this end, the User is responsible for the veracity of all the data provided, and shall maintain the information conveniently updated, so that it corresponds to their actual situation. In the event the User becomes aware of any untrue, inaccurate or incomplete information with which the User has submitted to HAWKERS, the User shall notify HAWKERS, to the address set forth in the heading of this Privacy Policy, or by means of an e-mail to dpo@saldum.com to amend or correct any such untrue, inaccurate or incomplete information.
- (b) Guarantees that it has informed third parties whose data it has provided, in the event of acting in such a manner, of the contents of this document. Similarly, it guarantees that it has obtained their authorization for providing this data to HAWKERS for the aforesaid purposes. In the event the User becomes aware that its authorization from the third party has been revoked, the User shall notify HAWKERS, to the address set forth in the heading of this Privacy Policy, or by means of an e-mail to dpo@saldum.com to amend or correct any such untrue, inaccurate or incomplete information.
- (c) Shall be responsible for any false or inexact information that it provides through the Website and/or its failure to notify HAWKERS under Clause 12.1(a) and Clause 12.1(b) above, and for the direct or indirect damages or losses that this may cause HAWKERS or third parties.
12. Exercising of User’s Rights
12.1. The User shall have rights under the laws of Malaysia in relation to the collection, processing, use and disclosure of their personal data and information. Subject always to Parties’ contractual rights and obligations under relevant laws and regulations, in the event the User wishes to exercise its rights, the User may exercise its rights to limit the use, or the extent of use, of the User’s personal data and information by forwarding a notification to HAWKERS, to the address set forth in the heading of this Privacy Policy, or by means of an e-mail to dpo@saldum.com, at any given time, and free-of-charge, for the purpose of:
- (a) Revoking the consent granted.
- (b) Obtaining confirmation regarding whether or not HAWKERS is processing the User’s personal data.
- (c) Accessing their personal data. Where HAWKERS holds the User’s personal data and information, the User may request for access to its personal data and information. The User will receive a copy of the personal data and information requested via email from dpo@saldum.com.
- (d) Correcting inaccurate or incomplete data. The User may request that any incomplete or inaccurate personal data and information, which the User has submitted and which HAWKERS holds in its possession, be amended or corrected to reflect the accuracy of such personal data and information.
- (e) Requesting the erasure of their data when, among other reasons, the data is no longer necessary for the purposes for which they were collected.
- (f) Restricting HAWKERS’ processing of the data when there is non-compliance of any of the conditions provided for in the PDPA 2010, the laws of Malaysia and/or the Privacy Shield Policy.
- (g) Contacting the Data Protection Officer (DPO) of HAWKERS at the following address: dpo@saldum.com.
- (h) Lodging a claim concerning the protection of their personal data to the Personal Data Protection Commissioner, when the interested party believes that HAWKERS has breached their rights under the PDPA 2010, the laws of Malaysia and/or the Privacy Shield Policy.
12.2. In the event the User exercises any of its rights in Clause 13.1 above, HAWKERS may be permitted under applicable laws to refuse a request, such as:
- (a) HAWKERS may refuse a request for erasure where the personal data and information is required for in connection with claims; or
- (b) HAWKERS may raise an objection to the User’s request and continue processing the User’s personal data and information based on compelling legitimate grounds for such processing.
13. Security Measures
13.1. HAWKERS shall at all times process the User’s data with the strictest confidentiality and fulfil its obligation to secrecy, in accordance with the provisions of the PDPA 2010, the laws of Malaysia, and the Privacy Shield Policy, adopting to this end the necessary technical and organizational measures to ensure the security of the data and prevent their unauthorized alteration, loss, processing, or access, taking into account the state of technology, the nature of the stored data, and the risks to which they are exposed.
13.2. Whilst reasonable standards of care and measures are taken to ensure the security of personal data and information processed, HAWKERS cannot ensure and guarantee a fully-secured collection, use, processing, and/or transmission of the User’s personal data and information. Accordingly, HAWKERS cannot guarantee or warranty the security of any personal data and information with which the User has provided to HAWKERS.
13.3. HAWKERS cannot guarantee or warrant that our systems, applications, and/or networks are fully immune to unauthorized access, security breaches, or other vulnerabilities. The transmission of the User’s personal data and information shall be at the User’s own risk.
14. Changes
14.1. HAWKERS reserves the right to review its Privacy Policy whenever it deems appropriate, which will be duly notified to Users at HAWKERS’ discretion. The latest updated version of this Privacy Policy shall apply and supersede any and all previous versions. For this reason, HAWKERS ask Users to regularly check this Privacy Policy on the Website to keep themselves informed and updated on this Privacy Policy to ensure Users read HAWKERS’ most recent version of its Privacy Policy.
15. Acceptance and Consent
15.1. The User declares that it has been informed with respects to personal data protection, accepting and consenting to the automated processing thereof by HAWKERS in the manner and for the purposes indicated in this Privacy Policy.