1. Introduction

XOX BLACK Market is a platform operated by XOX Media Sdn Bhd (“XOX”, “we”, “us” or “our”). At XOX BLACK Market we take your privacy very seriously. We are committed to properly manage, protect and process your Personal Data in compliance with all applicable data protection/privacy laws. In the course of providing you the Services or access to the Platform (as defined in the Terms of Use) we may collect, use, disclose and/or process your Personal Data. We recognize the importance of the Personal Data you have entrusted us and believe that it is our responsibility to properly manage, protect and process your Personal data.

This Privacy Policy (“Privacy Policy”) best describes how we collect, use, disclose and/or process the Personal Data you have provided us 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.

For the purposes of understanding our Privacy Policy, the following terms shall have the following meanings:

“App” means XOX BLACK mobile app

“Personal Data” means any information or data, whether true or otherwise, which is (a) processed in respect of commercial transactions, from an individual which can be identified or is identifiable (i) from that data; or (ii) from that data and other information to which you may have submitted to us or data and other information which we have or are likely to have access and would include data in our records as may be updated from time to time in the course of any other forms of interaction between you and us, or (b) defined as “personal data” or “personal information” under any applicable Data Protection Laws. Further illustrations of Personal Data is given in Section 2 Data Collection below.

“Platform” means collectively XOX BLACK Market, whether accessed via website or App or any applications which we may own or operate from time to time

By using the Services and/or accessing the Platform, you acknowledge and agree to accept the practices, requirements and/or policies outlined in this Privacy Policy and expressly consent to our collection, storage, use and/or disclosure of your personal information as described in this Privacy Policy. 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 PLATFORM

We reserve the right to amend this Privacy Policy at any time and may update this Policy to ensure that it is consistent with industry trends and/or any changes in legal or regulatory requirements. You agree to be bound by the prevailing terms of the Privacy Policy as updated from time to time. We will endeavour to notify you by email or by notice on the Website of any material changes to the Policy.

2. Personal Data Collection

You may visit XOX BLACK Market’s Platform at any time without providing your identity or revealing any personal information about yourself. However, when you visit our Platform, we may collect and store your computer and connection information, statistics on page views, traffic to and from XOX BLACK Market, ad data, IP address and standard web log information and information from other companies, such as demographic and navigation data.

For you to actively participate in XOX BLACK Market’s Services, we do require you to provide your personal information and once you provide us with your required personal information, you are no longer anonymous. In providing us with your personal information, you hereby consent to the transfer and storage of such information on our servers.

In connection with your registration and use of XOX BLACK Market, we may collect and store the following Personal Data, including but not limited to:

email address, physical contact information, the date of birth and gender information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers
transactional information based on your activities on the Website
postage, billing and other information you provide to purchase or dispatch an item
community discussions, chats, dispute resolution, correspondence through our Website, and correspondence sent to us
other information from your interaction with our Website, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Website, ad data, IP address and standard web log information
additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list)
information from other companies, such as demographic and navigation data
other supplemental information from third parties (for example, if we require to conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law)

During your use of the Platform and the provision of the Services, we may receive personal data from you in the following situations:

· When you create an account with us;

· When you apply for any of the Services or purchase any products available on the Platform;

· When you use any of the features or functions available on the Platform or Services, including the recording of any user-generated content to be uploaded on the Platform;

· When you subscribe to our publications or marketing collaterals;

· When you enter a competition, promotion or survey;

· When you participate in any activity or campaign on the Platform;

· When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;

· When any other user of the Platform posts any comments on the content you have uploaded on the Platform or when you post any comments on other users’ content uploaded to the Platform;

· When a third party lodges a complaint against you or the content you have posted on the Platform;

· When you access or use mobile games on the Platform; and

· When you interact with us offline, including when you interact with our outsourced customer service agents.

You must only submit Personal Data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation to verify the personal data provided by you as part of our customer verification processes.

All personal data shall be provided by you voluntarily unless where it is indicated as mandatory. Where the personal data is mandatory to be provided, failure to provide such information may result in unsuccessful process of your request. Unfortunately, if you choose not to submit your Personal Data to us or subsequently withdraw your consent to our use of your Personal Data, we may not be able to provide you with the Services or access to the Platform.

3. Use of Personal Data

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information, including but not limited, to:

• Process your order for our products or services, process or collect your payment for the order

• Provide the services and customer support you request

• Resolve disputes, collect fees, and troubleshoot problems

• Prevent potentially prohibited or illegal activities, and enforce our User Terms and Conditions

• Customize, measure and improve our services, content and advertising

• Tell you about our services and those of our corporate family

• Send you targeted marketing, service updates, and promotional offers

• Compare information for accuracy, and verify it with third parties

• Provide aggregate information to our partners about our users (e.g. 500 men under age 30 have viewed this item) without disclosing information about identifiable individuals

4. Marketing

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preferences your User account or by following the directions provided with the communication or advertisement.

5. Viewing and Downloading of Content

As with browsing web pages, when you watch content and advertising and access other software on our Website 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.

6. Withdrawal of Consent

You may withdraw your consent to our collection of your personal data and/or information at any time by notifying us or call our customer service. In that event, we will not be able to identify you and provide you with a safe, smooth, efficient, and customized experience while using our Website. Although you can browse through most of our Websites without giving any information about yourself, in some cases, personal information is required to provide the Services you request. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent. Once the processing is complete, we will no longer collect, use and/or disclose your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.

7. Disclosure of Information and Data

We may disclose personal information for certain purposes, which include but not limited

• To facilitate your use of the Services or access to the Platform, including responding to your queries, feedback, claims or disputes through our outsourced customer service agents

• To manage your account and our relationship with you

• To respond to legal or regulatory requirements

• To enforce our policies

• To respond to claims that a listing or other content violates the rights of others

• To protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your personal information with third parties assisting our business operations under contract, including but not limited to fraud investigations and debt collection, with law enforcement or other governmental officials if required by law, and with other business entities, should we plan to merge with or be acquired by that business entity. XOX BLACK Market requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable Malaysia personal data protection and consumer legislation from time to time. In sharing your personal data with them, we endeavour to ensure that the third parties keep your Personal Data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as they need your personal data to achieve the abovementioned purposes.

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

8. Sharing of Your Information

We may share your personal information, within or outside Malaysia, with:

• Our employees

• Third-party service providers under contract who help with our business operations: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, investigating frauds and providing customer service. They have access to personal information needed to perform their functions but may not use it for other purposes.

• Third parties giving promotional offers: Sometimes we send offers to selected groups our users on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust communication preferences in your User account.

• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

• Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, postal code, telephone number, email address, User ID history, IP address, fraud complaints, and purchasing and listing history.

• Brand Protection Program participants under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, postal code, country, phone number, email address and company name.

• Agents, contractors or service providers who provide operational services to us, such as online cloud storage and processing, marketing optimization, information technology, telecommunications, security or other relevant services which requires their collection, use or disclosure of your Personal Data;

• Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this Policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice)

For the avoidance of doubt, If Company has reasonable grounds to believe that any User is in breach of any of the terms of this Policy, Company reserves the right, in its sole and absolute discretion, to cooperate fully with governmental authorities, private investigators, all the rightful owner(s) or interest holder(s) and/or injured third parties in the investigation of any potential or ongoing criminal or civil wrongdoing. Further, Company may disclose the User's identify and contact information, or such other transaction-related data, if requested by a government or law enforcement body, private investigator, rightful owner or interest holder and/or any injured third party or as a result of a subpoena or other legal action, or if Company is of the view, in its sole and absolute discretion, that it would be in its best interest to do so. Company shall not be liable for damages or results arising from such disclosure, and the User(s) agrees not to bring action or claim against Company for such disclosure.

9. Using of Information from Website

We enable you to share personal information to complete transactions. When Users are involved in a transaction, they may have access to each other's name, user ID, email address and other contact and postage information. In all cases, you must comply with data protection laws, and give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

You agree to use user information only for:

• fulfilment of the transaction through this website and purposes related to the transaction

• using services offered through this website (e.g. escrow, postage, and fraud complaints)

• other purposes that a user expressly chooses

10. Cookies

We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content, and advertising; measure promotional effectiveness, and promote trust and safety.

A few important things you should know about cookies that are:

• We offer certain features that are available only using cookies

• We use cookies to help identify you and maintain your signed-in status

• Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session

• You are always free to decline our cookies if your browser permits.However, doing so may affect with your use or the full functionality of some of our Website or the Services

• You may encounter cookies from third parties on certain pages of the Website that we do not control (For example, if you view a web page created by another user, there may be a cookie placed by that web page)

11. Account Protection

We implement a variety of security measures and strive to ensure the security of your personal data on our systems. Your password is the key to your account. Use unique numbers and letters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all action taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

We will never ask for your password by phone or e-mail, so if you receive such an inquiry, please report the incident to our customer service support in regard to the Account Security breach Article.

If you access our Website from a shared computer or a computer in an internet cafe, a PC room or a library, certain information about you, such as your user ID, activity or reminders from the Website, may also be visible to other individuals who use the computer after you. To protect your personal information or communication from being disclosed to others, you should log out and close the web browser after using our Website.

12. Updating Personal Data

It is important that the Personal Data you provide to us is accurate and complete for you to continue using the Platform and for us to provide the Services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date. You can see, review, and update most of your Personal Data by signing on to the Website. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or becomes inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request to the customer service, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Terms and Conditions, and take other actions otherwise permitted by law. Otherwise, your personal information will be destroyed by us once we confirm there is no use for it.

13. Retention of Personal Data

We will only retain your personal data for as long as we are either required to by law or as is relevant for the purposes for which it was collected.

We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.

14. Children's Information and Privacy

XOX BLACK Market does not direct any of our content specifically to children under 18 years of age. Users of our XOX BLACK Market’s website are required to be at least 18 years old, and any user under 18 is not an authorized user. We do not knowingly collect any personal data relating to children under 18 years of age. Parents or legal guardian should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors. 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 18. We will not be responsible for any unauthorised use of the Services on the Platform by yourself, users who act on your behalf or any unauthorised users.

15. Security Measures

We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure.

However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Website. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

16. Third Parties

Except as otherwise expressly included in this Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are buyers or vendors on our Website or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions and to review their privacy policies before you disclose your personal information to others.

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 XOX. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

17. Contact Us

If you have any questions or concerns about our privacy practices or your dealings with the Services, and/or any complaint or grievance regarding how we are handling your personal data or how we are complying with the Privacy Laws, please do not hesitate to get in contact with us at enq_blackmarket@xox.com.my with attention to “Privacy Policy”.

We will certainly strive to deal with any complaint or grievance that you may have fairly and as soon as possible.

*Last updated: 10 April, 2021

(Privacy Policy will change from time to time. Please refer to the latest version which will be updated online.)

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