Privacy Policy
1. INTRODUCTION
1.1 Welcome to the SwanyeeAgri platform run by
SSB Co.,Limited and its affiliates and affiliates (individually and
collectively, "SwanyeeAgri", "we", "us" or
"our"). SwanyeeAgri takes its responsibilities under applicable
privacy laws and regulations ("Privacy Laws") seriously and is
committed to respecting the privacy rights and concerns of all Users of our SwanyeeAgri
website (the "Site") (we refer to the Site and the services we
provide as described in our Site collectively as the "Services"). We
recognize the importance of the personal data you have entrusted to us and
believe that it is our responsibility to properly manage, protect and process
your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is
designed to assist you in understanding how we collect, use, disclose and/or
process the personal data you have provided to us and/or we possess about you,
whether now or in the future, as well as to assist you in making an informed
decision before providing us with any of your personal data. Please read this
Privacy Policy carefully. If you have any questions regarding this information
or our privacy practices, please see the section entitled "Questions,
Concerns or Complaints? Contact Us" at the end of this Privacy Policy.
1.2 "Personal Data" or "personal
data" means data, whether true or not, about an individual who can be
identified from that data, or from that data and other information to which an
organisation has or is likely to have access. Common examples of personal data
could include name, identification number and contact information.
1.3 By using the Services, registering for an
account with us, visiting our website, or accessing the Services, you
acknowledge and agree that you accept the practices, requirements, and/or
policies outlined in this Privacy Policy, and you hereby consent to us
collecting, using, disclosing and/or processing your personal data as described
herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS
DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR
WEBSITE. If we change our Privacy Policy, we will post those changes or the
amended Privacy Policy on our website. We reserve the right to amend this
Privacy Policy at any time.
2. WHEN WILL SWANYEEAGRI COLLECT PERSONAL DATA?
2.1 We will/may collect personal data about
you:
(a) when you register and/or use our Services
or Site, or open an account with us;
(b) when you submit any form, including, but
not limited to, application forms or other forms relating to any of our
products and services, whether online or by way of a physical form;
(c) when you enter into any agreement or
provide other documentation or information in respect of your interactions with
us, or when you use our products and services;
(d) when you interact with us, such as via
telephone calls (which may be recorded), letters, fax, face-to-face meetings,
social media platforms and emails;
(e) when you use our electronic services, or
interact with us via our application or use services on our website. This
includes, without limitation, through cookies which we may deploy when you
interact with our application or website;
(f) when you carry out transactions through
our Services;
(g) when you provide us with feedback or
complaints;
(h) when you register for a contest; or
(i) when you submit your personal data to us
for any reason.
The above does not purport to be exhaustive
and sets out some common instances of when personal data about you may be
collected.
2.2 When you visit, use or interact with our
mobile application or the Site, we may collect certain information by automated
or passive means using a variety of technologies, which technologies may be
downloaded to your device and may set or modify settings on your device. The
information we collect may include, without limitation, your Internet Protocol
(IP) address, computer/mobile device operating system and browser type, type of
mobile device, the characteristics of the mobile device, the unique device
identifier (UDID) or mobile equipment identifier (MEID) for your mobile device,
the address of a referring web site (if any), and the pages you visit on our
website and mobile applications and the times of visit. We may collect, use
disclose and/or process this information only for the Purposes (defined below).
2.3 Our mobile applications may collect
precise information about the location of your mobile device using technologies
such as GPS, Wi-Fi, etc.. We collect, use, disclose and/or process this
information for one or more Purposes including, without limitation, location-based
services that you request or to deliver relevant content to you based on your
location or to allow you to share your location to other Users as part of the
services under our mobile applications. For most mobile devices, you are able
to withdraw your permission for us to acquire this information on your location
through your device settings. If you have questions about how to disable your
mobile device's location services, please contact your mobile device service
provider or the device manufacturer.
3. WHAT PERSONAL DATA WILL SWANYEEAGRI
COLLECT?
3.1 The personal data that SwanyeeAgri may
collect includes but is not limited to:
• name;
• email address;
• date of birth;
• billing address;
• bank account and payment information;
• telephone number;
• gender;
• any other information about the User when
the User signs up to use our Services or website, and when the User uses the
Services or website, as well as information related to how the User uses our
Services or website; and
• aggregate data on content the User engages
with.
3.2 If you do not want us to collect the
aforementioned information/personal data, you may opt out at any time by
notifying our Data Protection Officer in writing about it. Further information
on opting out can be found in the section below entitled "How can you
opt-out, remove, request access to or modify information you have provided to
us?" . Note, however, that opting out of us collecting your personal data
or withdrawing your consent for us to collect, use or process your personal
data may affect your use of the Services. For example, opting out of the
collection of location information will cause its location-based features to be
disabled.
4. SETTING UP AN ACCOUNT
In order to use certain functionalities of the
Services, you will have to create a user account which requires you to submit
certain personal data. When you register and create an account, we require you
to provide us with your name and email address as well as a user name that you
select. We also ask for certain information about yourself such as your
telephone number, email address, shipping address, photo identification, bank
account details, age, date of birth, gender and interests. Upon activating an
account, you will select a user name and password. Your user name and password
will be used so you can securely access and maintain your account.
5. VIEWING WEB PAGES
As with most websites, your computer sends
information which may include personal data about you that gets logged by a web
server when you browse our Site. This typically includes without limitation
your computer's IP address, operating system, browser name/version, the
referring web page, requested page, date/time, and sometimes a
"cookie" (which can be disabled using your browser preferences) to
help the site remember your last visit. If you are logged in, this information
is associated with your personal account. The information is also included in
anonymous statistics to allow us to understand how visitors use our site.
6. COOKIES
6.1 We may from time to time implement
"cookies" or other features to allow us or third parties to collect
or share information that will help us improve our Site and the Services we
offer, or help us offer new services and features. “Cookies” are identifiers we
transfer to your computer or mobile device that allow us to recognize your
computer or device and tell us how and when the Services or website are used or
visited, by how many people and to track movements within our website. We may
link cookie information to personal data. Cookies also link to information
regarding what items you have selected for purchase and pages you have viewed.
This information is used to keep track of your shopping cart, for example.
Cookies are also used to deliver content specific to your interest and to
monitor website usage.
6.2 You may refuse the use of cookies by
selecting the appropriate settings on your browser. However, please note that
if you do this you may not be able to use the full functionality of our Site or
the Services.
7. VIEWING AND DOWNLOADING CONTENT AND
ADVERTISING
As with browsing web pages, when you watch
content and advertising and access other software on our Site or through the
Services, most of the same information is sent to us (including, without
limitation, IP Address, operating system, etc.); but, instead of page views,
your computer sends us information on the content, advertisement viewed and/or
software installed by the Services and the website and time.
8. COMMUNITY & SUPPORT
8.1 We provide customer service support
through email, SMS and feedback forms. In order to provide customer support, we
will ask for your email address and mobile phone number. We only use
information received from customer support requests, including, without
limitation, email addresses, for customer support services and we do not transfer
to or share this information with any third parties.
8.2 You can also post questions and answer
other User questions in our community forums. Our forum and messaging services
allow you to participate in our community; to do so, we maintain information,
such as your user ID, contact list and status messages. In addition, these and
similar services in the future may require us to maintain your user ID and
password.
9. SURVEYS
From time-to-time, we may request information
from Users via surveys. Participation in these surveys is completely voluntary
and you therefore have a choice whether or not to disclose your information to
us. Information requested may include, without limitation, contact information
(such as your email address), and demographic information (such as interests or
age level). Survey information will be used for the purposes of monitoring or
improving the use and satisfaction of the Services and will not be transferred
to third parties, other than our contractors who help us to administer or act
upon the survey.
10. HOW DO WE USE THE INFORMATION YOU PROVIDE
US?
10.1 We may collect, use, disclose and/or
process your personal data for one or more of the following purposes:
(a) to consider and/or process your
application/transaction with us or your transactions or communications with
third parties via the Services;
(b) to manage, operate, provide and/or
administer your use of and/or access to our Services and our website, as well
as your relationship and user account with us;
(c) to manage, operate, administer and provide
you with as well as to facilitate the provision of our Services, including,
without limitation, remembering your preferences;
(d) 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;
(e) 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;
(f) to enforce our Terms of Service or any
applicable end user license agreements;
(g) to protect personal safety and the rights,
property or safety of others;
(h) for identification and/or verification;
(i) 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;
(j) 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;
(k) 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;
(l) to inform you when another User has sent
you a private message or posted a comment for you on the Site;
(m) 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;
(n) to allow for audits and surveys to, among
other things, validate the size and composition of our target audience, and
understand their experience with SwanyeeAgri’s Services;
(o) 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 SwanyeeAgri
may collaborate or tie up with) that SwanyeeAgri (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. If you are in
Myanmar, In the case of the sending of marketing or promotional information to
you by voice call, SMS/ Viber /Messenger to your Myanmar Phone number, we
will not do so unless we have complied with the requirements of Myanmar’s
Privacy Laws in relation to use of such latter modes of communication in
sending you marketing information or you have expressly consented to the same;
(p) 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 SwanyeeAgri or on its related corporations or affiliates;
(q) to produce statistics and research for
internal and statutory reporting and/or record-keeping requirements;
(r) 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;
(s) to audit our Services or SwanyeeAgri's
business;
(t) to prevent or investigate any fraud,
unlawful activity, omission or misconduct, whether relating to your use of our
Services or any other matter arising from your relationship with us, and
whether or not there is any suspicion of the aforementioned;
(u) to store, host, back up (whether for
disaster recovery or otherwise) of your personal data, whether within or
outside of your jurisdiction;
(v) to deal with and/or facilitate a business
asset transaction or a potential business asset transaction, where such
transaction involves SwanyeeAgri as a participant or involves only a related
corporation or affiliate of SwanyeeAgri as a participant or involves SwanyeeAgri
and/or any one or more of SwanyeeAgri's related corporations or affiliates as
participant(s), and there may be other third party organisations 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 organisation or a portion of an organisation or of any of
the business or assets of an organisation; and/or
(w) any other purposes which we notify you of
at the time of obtaining your consent.
(collectively, the “Purposes”).
10.2 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.
11. SHARING OF INFORMATION FROM THE SERVICES
Our Services enable Users to share personal
information with each other, in almost all occasions without SwanyeeAgri’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. Our Terms of Service require that Users in possession of
another User’s personal data (the “Receiving Party”) must (i) comply with all
applicable Privacy Laws; (ii) allow the other User (the “Disclosing Party”) to
remove him/herself from the Receiving Party’s database; and (iii) allow the
Disclosing Party to review what information have been collected about them by
the Receiving Party.
12. HOW DOES SWANYEEAGRI PROTECT CUSTOMER
INFORMATION?
We implement a variety of security measures 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. 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 Site, or your permission to use the Site and/or the
Services is terminated, 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.
13. DOES SWANYEEAGRI DISCLOSE THE INFORMATION
IT COLLECTS FROM ITS VISITORS TO OUTSIDE PARTIES?
13.1 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, whether sited in Myanmar or outside of Myanmar, 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:
(a) our subsidiaries, affiliates and related
corporations;
(b) 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;
(c) 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 SwanyeeAgri’s assets, whether as a going concern
or as part of bankruptcy, liquidation or similar proceeding, in which personal
data held by SwanyeeAgri about our Service Users is among the assets
transferred; or to a counterparty in a business asset transaction that SwanyeeAgri
or any of its affiliates or related corporations is involved in; and
(d) 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
13.2 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.
13.3 For the avoidance of doubt, in the event
that Privacy Laws or other applicable laws permit an organisation such as us to
collect, use or disclose your personal data without your consent, such
permission granted by the laws shall continue to apply.
13.4 Third parties may unlawfully intercept or
access personal data transmitted to or contained on the site, 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.
14. INFORMATION ON CHILDREN
The Services are not intended for children
under the age of 10. We do not knowingly collect or maintain any personal data
or non-personally-identifiable information from anyone under the age of 10 nor
is any part of our Site or other Services directed to children under the age of
10. We will close any accounts used exclusively by such children and will
remove and/or delete any personal data we believe was submitted by any child
under the age of 10.
15. INFORMATION COLLECTED BY THIRD PARTIES
15.1 Our Site 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 website analyse how Users use the Site. The information generated by the
cookie about your use of the website (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
website, compiling reports on website activity for website operators and
providing other services relating to website 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.
15.2 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 SwanyeeAgri. You are encouraged to read the terms and other
policies published by such third parties on their websites or otherwise.
16. DISCLAIMER REGARDING SECURITY AND THIRD
PARTY SITES
16.1 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.
16.2 In an attempt to provide you with
increased value, we may choose various third party websites to link to, and
frame within, the Site. 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 Site) may
not be received by us.
16.3 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 Site 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).
17. WILL SWANYEEAGRI TRANSFER YOUR INFORMATION
OVERSEAS?
Your personal data and/or information may be
transferred to, stored or processed outside of your country. In most cases,
your personal data will be processed in USA and Australia, where our servers
are located and our central database is operated. SwanyeeAgri will only
transfer your information overseas in accordance with Privacy Laws.
18. HOW CAN YOU OPT-OUT, REMOVE, REQUEST
ACCESS TO OR MODIFY INFORMATION YOU HAVE PROVIDED TO US?
18.1 Opting Out and Withdrawing
Consent
18.1.1 To modify your email subscriptions,
please let us know by sending an email to our Personal Data Protection Officer
at the address listed below. Please note that due to email production
schedules, you may still receive emails that are already in production.
18.1.2 You may withdraw your consent for the
collection, use and/or disclosure of your personal data in our possession or
under our control by sending an email to our Personal Data Protection Officer
at the email address listed below in Section 19.2.
18.1.3 Once we have your clear withdrawal
instructions and verified your identity, we will process your request for
withdrawal of consent, and will thereafter not collect, use and/or disclose
your personal data in the manner stated in your request. If we are unable to
verify your identity or understand your instructions, we will liaise with you
to understand your request.
18.1.4 However, your withdrawal of consent
could result in certain legal consequences arising from such withdrawal. In
this regard, depending on the extent of your withdrawal of consent for us to
process your personal data, it may mean that we will not be able to continue
providing the Services to you, we may need to terminate your existing
relationship and/or the contract you have with us, etc., as the case may be,
which we will inform you of.
18.2 Requesting Access and/or
Correction of Personal Data
18.2.1 If you have an account with us, you may
personally access and/or correct your personal data currently in our possession
or control through the Account Settings page on the Site. If you do not have an
account with us, you may request to access and/or correct your personal data
currently in our possession or control by submitting a written request to us.
We will need enough information from you in order to ascertain your identity as
well as the nature of your request so as to be able to deal with your request.
Hence, please submit your written request by sending an email to our Personal
Data Protection Officer at the email address listed below in Section 19.2.
18.2.2 For a request to access personal data,
once we have sufficient information from you to deal with the request, we will
seek to provide you with the relevant personal data within 30 days. Where we
are unable to respond to you within the said 30 days ,we will notify you of the
soonest possible time within which we can provide you with the information
requested. Note that Privacy Laws may exempt certain types of personal data
from being subject to your access request.
18.2.3 For a request to correct personal data,
once we have sufficient information from you to deal with the request, we will:
(a) correct your personal data within 30 days.
Where we are unable to do so within the said period, we will notify you of the
soonest practicable time within which we can make the correction. Note that
Privacy Laws may exempt certain types of personal data from being subject to
your correction request as well as provides for situation(s) when correction
need not be made by us despite your request; and
(b) we will send the corrected personal data
to every other organisation to which the personal data was disclosed by us
within a year before the date the correction was made, unless that other
organisation does not need the corrected personal data for any legal or
business purpose.
18.2.4 Notwithstanding sub-paragraph (b)
immediately above, we may, if you so request, send the corrected personal data
only to specific organisations to which the personal data was disclosed by us
within a year before the date the correction was made.
18.2.5 We will/may also be charging you a
reasonable fee for the handling and processing of your requests to access your
personal data. If we so choose to charge, we will provide you with a written
estimate of the fee we will be charging. Please note that we are not required
to respond to or deal with your access request unless you have agreed to pay
the fee.
18.2.6 We reserve the right to refuse to
correct your personal data in accordance with the provisions as set out in
Privacy Laws, where they require and/or entitle an organisation to refuse to
correct personal data in stated circumstances.
19. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT
US
19.1 If you have any questions or concerns
about our privacy practices or your dealings with the Services, please do not
hesitate to contact:[email protected]
19.2 If you have any complaint or
grievance regarding how we are handling your personal data or about how we are
complying with Privacy Laws, we welcome you to contact us with your complaint
or grievance.
Please contact us through email with your
complaint or grievance:
E-mail: [email protected] and
Attention it to the "Personal Data Protection Officer".
Please send all legal notices to admin@SwanyeeAgri
and C.C copy to president@SwanyeeAgri Attention it to the “General Counsel”.
19.3 Where it is an email or a letter through
which you are submitting a complaint, your indication at the subject header
that it is a Privacy Law complaint would assist us in attending to your
complaint speedily by passing it on to the relevant staff in our organisation
to handle. For example, you could insert the subject header as “Privacy
Complaint”.
We will certainly strive to deal with any
complaint or grievance that you may have fairly and as soon as possible.
20. TERMS AND CONDITIONS
Please also read the Terms of Service
establishing the use, disclaimers, and limitations of liability governing the
use of the Site and the Services and other related policies.
Last update: 28 June 2021