Last Updated: 25 Apr 2022
1.0 When you visit, access or use our Website, our Services, and/or associated platforms, sign-up for any of our Updates, email us, call us, or take part in our promotions (offline or online), we collect Personal Data and Anonymised Data.
1.2 “Personal Data” refers to information, whether true or otherwise, with personal identifiers that can be used separately or collectively with other information to identify an individual, such as name, address, NRIC number, mobile number, email address, birthdate, gender, income range, dating preferences, priorities/values, residency status, bank account details, and credit card details.
1.3 “Anonymised Data” refers to information that is not associated with or linked to your Personal Data and cannot be used to identify individual persons.
1.4 Datesmith, in the process of profiling each customer or member, will be collecting Personal Data under the following main categories:-
which are relevant for us to provide our Services in selecting potential matches and dates for you. For the avoidance of doubt, no online tracking technology is deployed to capture Persona Data beyond the information submitted via our online profiling form.
2.1 When you access our Website or any of our Services, and/or email us, we collect Anonymised Data about you via the application of generally acceptable web technologies including but not limited to “web beacons”, “cookies”, “clear GIFs”, “widgets”, “online evaluations”, “surveys”, “HTML5”, “dynamic device identifiers”, and third-party web analytics such as “Google analytics” (collectively, ” Acceptable Technologies“). This automatic collection of non-personal information includes (without limitation) collection of your IP Address, the web browser software that you used, the type of smart phone or tablet that you may be using, the operating software/platform of your device, your sign-up(s) for any Updates or information via our Website and/or Services, the specific pages of our Website viewed by you, the specific categories or features in our Website accessed by you, the sharing of any information by you via our Website, any third party application used in conjunction with our Website or Services, your downloading of related applications, and third party websites that you may have visited prior to our Website. Our purpose for the aforesaid collection of information is for us to understand the preference of our visitors and users so as to enhance and facilitate the ease with which you are able to access or use our Website and our Services.
2.2 As part of the Anonymised Data that we collect, when you access our Website via your mobile device or tablet, we will also collect information regarding the type of mobile device or tablet that you are utilising so that our Website and our Services can provide you with the version of our Website best suited for access on your mobile device or tablet.
2.3 If you do not consent to our collection of Anonymised Data, please adjust the settings on your computer, tablet and mobile device to block or disable our use of the Acceptable Technologies. In the event that you choose to access our Website or our Services without blocking or disabling or opting out of the Acceptable Technologies, such access by you will constitute your consent to our use of the Acceptable Technologies and our collection of information thereto.
2.4 To better assist you in understanding the generally Accepted Technologies used in our collection of Anonymised Data include:-
3.1 In order for our Company to provide you with our Services and products, including but not limited to our making available for your review online information regarding our Services, our past and upcoming Events, profiles, and allowing you to contact us via our Website, email or telephone, you agree and consent to our Company collecting, using and retaining your Personal Data as follows:-
4.1 We may need to disclose your Personal Data to:-
4.2 During your period of membership, package subscription or Event’s enrolment with Datesmith, you may be exposed to personal information of other Datesmith members, customers or users of the Website. You agree not to divulge or disclose any of such information to other third parties without prior consent, now or any time in the future.
5.1 Pursuant to the purposes and activities as set out in sections 3 and 4 above, it may be necessary for us to transfer your Personal Data out of Malaysia. You hereby agree and consent to the aforesaid transfer, on the understanding that the recipients of such Personal Data are also subject to applicable laws or contractual obligations similar to the obligations as set out in the Personal Data Protection Act 2012.
6.1 In order for us to provide you with access to our WebSite, our Services, our Content, our Updates, and all their respective associated functions, our services and our products, and to perform the activities as set out in sections 3, 4 and 5 above, you warrant that the Personal Data that you provide to us is accurate, and that all Personal Data as may be relevant for that particular purpose/circumstance has been provided. In the event of any changes or updates to your Personal Data, you undertake to promptly inform us in writing of such changes, failing which we shall not be responsible for any consequences thereto (including but not limited to your non-receipt of communications sent by us, non-completion of any transactions performed via our Website, and/or your inability to access our Website).
7.1 We respect your selections in relation to the channels via which you wish to receive our Updates. Therefore, if you have registered your telephone and/or fax number with the Do-Not-Call Registries in relation to telephone calls, text or fax messages, we will not send you any Updates via the channels that you have opted out of by registering with the Do-Not-Call Registries. However, if you have previously consented to our sending you Updates via your telephone number (calls or text messages) and/or facsimile number, we will continue doing so until you withdraw your consent by contacting our Data Protection Officer at email@example.com.
8.2 Should you wish to unsubscribe to our email updates, please click the “unsubscribe” option made available in our emails to you. Please note however that this may result in our being unable to make available to you updates on our products and services, Events, our Company, your benefits under our membership programme, and any ongoing promotions.
9.1 Should you wish to access, update or make corrections to your Personal Data held with us, or if you wish to receive further clarifications on your Personal Data held with us, please email our Data Protection Officer at firstname.lastname@example.org.
9.2 There will be no administrative fees or other charges levied for any request to correct or update your Personal Data. However, for all other requests such as accessing your Personal Data held with us, obtaining a record of when you accessed our Site or Services, the date of your requests for information, etc., a reasonable administrative fee may be levied depending on your request as time and resources will be spent in accommodating your requests.
9.4 In the event that you are a citizen or resident of the European Union, please refer to section 14 ” Citizens of and Residents in Members of the European Union” below for more information.
10.1 Our Website, our Services, our Content, our Updates, our Events, our promotions, our services and products are not meant for persons who may be defined as minors under applicable law. As such, if you are below 21, please terminate all access to our Website and Services immediately. We reserve the right (but not the obligation) to demand at any time evidence for our review to verify that you are above 21 years of age. In the event that you are under 21 years of age, or we reasonably suspect that you are under 21 years of age and you are unable to prove otherwise, all your subscriptions and purchases with us shall be immediately terminated and no refunds of any kind shall be provided to you.
10.2 To clarify, we do not knowingly collect Personal Data from minors, however, through the internet, we are not able to ascertain on our end whether such individuals are minors. It is thus the responsibility of parents or guardians to ensure that their minors do not access our Website, use our Services, enrol for any of our Events, download or access our related applications, email us, or provide us with Personal Data without their parental/guardian’s consent. If a parent or guardian becomes aware that his or her minor has accessed our Website or our Services or provided us with Personal Data without his/her consent, he or she should contact our Data Protection Officer at email@example.com promptly.
11.1 We ensure that our Website is protected by reasonable security measures afforded by current technology, and that all our data hosts and servers are similarly protected by such security measures, including but not limited to firewalls.
11.2 Your Personal Data is kept securely and protected against unauthorized access and disclosure. We utilise security means such as (without limitation) password protection, encryption, locked and restricted access. We have strict policies in place restricting access to Personal Data to only our authorized personnel on a need-to-know basis.
12.3 The association of our Website and/or Services with the Social Media Sites makes available certain features which when used by you, may result in information being made available from your accounts with the Social Media Sites to our Company. Such information which we collect about you shall constitute public information that is available in the general domain because such information was made publicly available by the Social Media Sites. Should you prefer that we do not collect your information from the Social Media Sites, please (i) do not use the features or links that associates our Site and/or Services with the Social Media Sites; and (ii) adjust the settings in your accounts with the Social Media Sites to prevent the sharing of your information with our Website and mobile application. Please note that our Company cannot control nor is our Company howsoever responsible for the sharing of your information by the Social Media Sites with third parties.
12.4 One of the features which you may see available on our Website and Services in association with the Social Media Sites, is the “like” feature by Facebook, and other similar functions provided by other Social Media Sites. When you “like” our Website or any of our Services or our products or services, information about our Website or Services, our products and services will be made known to your network within your Social Media Sites’ accounts via a variety of methods employed by the relevant Social Media Site. Your information may also be made known alongside with our services, products or services that you have liked pursuant to the methods/channels made available by Social Media Sites in relation to such features. If you are not agreeable to the aforegoing, please instruct the relevant Social Media Site or adjust your account settings with the Social Media Site. Please note however that we are not obliged to display on our Website or any related webpages (whether on Social Media Sites or otherwise) any of your information, including but not limited to your photo or name, even if you “like” our Website, our Services, our other services or products. In the event that any of your information, product or service endorsements (including your liking of our Website, our Services, any of our Company’s other services or products, or third party services or products featured on our Website or Services) appear on our Website or any related webpages (whether on Social Media Sites or otherwise), we shall have the right in our sole discretion to remove such information or product/service endorsements from our Site or any related webpages.
14.2 Our collection, use, processing and retention of Personal Data is as described above. Our legal basis for processing of Personal Data is dependent on the context in which the Personal Data was collected, which will therefore also determine the type of Personal Data collected. Nonetheless, collection and processing of Personal Data is usually only performed where it is necessary for us to provide our services or products to you, and for us to comply with applicable legal requirements (as further described in Sections 3, 4 and 5 above), where necessary for our legitimate business or legal interests that are not superseded by your rights, and/or where you have consented.
14.3 In the event that your Personal Data has been collected based on our legitimate interests, the said legitimate interest is generally for the operation of Datesmith and the provision of our services, managing our relationship with you such as updating your membership or account status, communicating with you in order to provide you with our services, updates to our Website, activities, events, offers, and other legitimate business interest such as replying to your requests, co-ordinating your selected dates, developing our Website and our services, offering promotions, publicity, or security enhancements, crime prevention and fraud detection. Should we have other legitimate interests, we will where appropriate notify you of them clearly at the relevant time.
14.5 Your Personal Data will be retained and processed securely for as long as there is still ongoing legitimate commercial need for such retention and processing. Examples of legitimate commercial needs would be to allow you to continue accessing our Website, to maintain your account, membership or purchased package, provide consultations, sourcing for suitable dating partners, co-ordinating dates and other services to you, investigating and defending any potential legal action or claim against us, and as may be required or permitted by applicable laws (including laws pertaining to taxation and keeping of accounting records). As soon as there is no more legitimate business or legal needs for us to retain and process your Personal Data, your Personal Data will be deleted or anonymised (where possible), and in the event that it is not possible (such as storage of Personal Data in backup archives), we will ensure the security of your Personal Data that is being stored, segregate it so that no further processing will be carried out using your Personal Data, and will delete your Personal Data once possible.
14.7 As a citizen of, or resident in, any members of the European Union, you can exercise your following data protection rights at any time by contacting us via the details provided in Clause 14.8:-
In the event that you become aware of changes or inaccuracies in your Personal Data, please notify us promptly for the updating and correction of our records.