Privacy Policy

This Privacy Policy (the "Policy"), describes how Kogha Sdn Bhd ("KOGHA") and its respective subsidiaries, associate companies and jointly controlled entities collect and use the information that we collect about you when you use the Platform.

WHAT PERSONAL DATA DO WE COLLECT?

We collect the following classes of Personal Data: Personal information that links back to an individual – name, block and unit number, gender, date of birth, nationality, and personal identification numbers, demographic information;

  • Contact information – mailing address, phone number and email address;
  • Payment information – credit or debit card information, for online payment services, including the name of cardholder, card number, billing address and expiry date; and
  • Any Personal Data you submit in your Postings or include in your correspondence with us.

If you are a resident and Service User, we collect your Personal information, Contact information, and Payment information.
If you are a member, employee, affiliate, or contractor of the Management, we collect your name, designation (role), email, phone number.
If you are a Service Professional, we collect your Company name, Person in charge, Designation (Role), Email, Phone Number, Services Offered, Advertising material and information needed to promote your services.
If we deem it necessary, in our sole and absolute discretion, we may also ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau (to the extent permitted by law), or information to verify any identification details you provide during registration.

HOW DO WE COLLECT YOUR PERSONAL DATA?

If you are a resident or landlord
Your Personal Data provided to us in the manner below:
Uploaded onto our web portal by the Management or by us during setup;

  • In your Account registration; and
  • Provided to us by you directly.

If you are a member, employee, affiliate, or contractor of the Management
Your Personal Data provided to us in the manner below:

  • provided by the Management during the setup.

If you are a Service Professional
Your Personal Data provided to us in the manner below:

  • by your Company who will be making Postings on the Platform as a Service Professional;
  • by you during the initial sign-up process.

We use your Personal Data for the following purposes (" Purpose"):
If you are a resident and Service User:

  • To enable us to provide the Platform and the Third-Party Services;
  • To send you promotions and information on the Platform, offers to upgrade or other notifications in relation to the Platform that we are providing;
  • To enable you to submit enquiries
  • To respond to your enquiries;
  • To investigate and respond to claims from you;
  • To enable you to participate in polls and surveys;
  • To request for a quote from Service Professionals;
  • To comply with any legal or regulatory requirements;

Contacting you for product or customer satisfaction surveys and market research;
For statistical analysis so that we can better understand our customers and improve the Platform;

  • For internal record-keeping purposes; and
  • For all other purposes ancillary to any of the purposes stated above.
If you are a member, employee, affiliate or contractor of the Management:
  • To respond to your enquiries
  • To investigate and respond to claims from you;
  • To comply with any legal or regulatory requirements;
  • For internal record-keeping purposes;

Contacting you for product or customer satisfaction surveys and market research;
For statistical analysis so that we can better understand our customers and improve the Platform;

  • To respond to your enquiries and complaints;
  • To give effect to our commercial transactions with you; and
For all other purposes ancillary to any of the purposes stated above.
If you are a Service Professional:
  • To respond to your enquiries
  • To investigate and respond to claims from you;
  • To comply with any legal or regulatory requirements;

Contacting you for product or customer satisfaction surveys and market research;

  • For statistical analysis so that we can better understand our customers and improve the Platform;
  • To respond to your enquiries and complaints;
  • For internal record-keeping purposes;
  • To give effect to our commercial transactions with you; and

For all other purposes ancillary to any of the purposes stated above.

YOUR CHOICES WITH REGARD TO YOUR PERSONAL DATA

We may send periodic newsletters, promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email or by emailing to support@kogha.my. Please note that it may take up to 14 business days for us to process opt-out requests. If you opt-out of receiving newsletters or emails about recommendations or other information we think may interest you, we may still send you emails about your Account, the Platform, or any Third-Party Services you have requested or received.

NOT PROVIDING US WITH YOUR PERSONAL DATA

If you do not provide us with your personal data, or do not consent to this Policy, we will not be able to provide you access to and use of the Platform and you will not be able to receive further communications from us.

ACCESSING / LIMITING / CORRECTING / UPDATING YOUR PERSONAL DATA

You can review and correct your Personal Data by logging into the Portal and navigating to your preferences page in "Your Account".
You must promptly update your Personal Data if it changes or is inaccurate. Typically, we will not manually alter your Personal Data because it is very difficult to verify your identity remotely.
Additionally, you may request to obtain information of your Personal Data and limit the processing of your Personal Data via the portal.
Please note that depending on the information requested and where permitted by law, a nominal administrative fee may be charged.
We will endeavour to provide the information back to you as soon as practicable. However, we also reserve the right to validate all requests for the authenticity of the request.
We may refuse to comply with data access requests in circumstances as provided by the law (under section 32 of the PDPA).
Upon your explicit request, we will close your Account and remove your Personal Data as soon as reasonably possible in accordance with applicable law and subject to our right to retain your data discussed below.
You should understand, however, that once you publicly post a Request, Offer, Want, Feedback, or any other information onto the Platform, you may not be able to change or remove it.
Once we have deleted or removed your Account, you agree that KOGHA shall not be responsible for any Personal Data that was not included within your deleted and/or removed Account that remains on the Platform.

CONSENT

You indicate your consent in the manner below:
you indicating your consent to the Management;

  • by ticking the box indicating “I have read and agree with the Privacy Policy”; and
  • by logging in to the Platform;
  • For internal record-keeping purposes;
  • To give effect to our commercial transactions with you; and

including all other areas within the system which prompts for your consent by ticking the box indicating “I agree to the terms and conditions” when performing any particular action on the Platform.
Additionally, in the course of KOGHA performing servicing functions consent will necessarily be implied from you that they are agreeable to providing Personal Data.

TO WHOM DO WE DISCLOSE YOUR PERSONAL DATA?

We will not trade or sell your Personal Data to third parties. Your Personal Data shall only be disclosed or transferred to third parties absolutely necessary for our provision of the Platform. We disclose your Personal Data to the following third parties:

  • Credit card verification providers, data warehouse and other third parties in order to process your commercial transactions if any;
  • Legal bodies as permitted or required by law such as in compliance with a warrant or subpoena issued by a court of competent jurisdiction;

Our third party verification services provider; and
Our contractors, service providers, consultants, auditors and advisors on a need to know basis.
We may disclose your Personal Data to prevent an emergency, protect or enforce our rights, enforce the Terms and/or to protect the safety of Users of the Platform and the Third-Party Services or protect or enforce the rights of a third party
KOGHA shall take practical steps to ensure that its employees, officers, agents, consultants, contractors and such other third parties mentioned above who are involved in the collection, use and disclosure of your Personal Data will observe and adhere to the terms of this Policy.

HOW LONG MAY WE RETAIN YOUR PERSONAL DATA?

We will not retain your Personal Data longer than necessary. However, we do retain information from closed Accounts in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations of any User, enforce the Terms, and take any other actions otherwise permitted by law that we deem necessary in our sole and absolute discretion.
KOGHA shall take all reasonable steps to ensure that all Personal Data is destroyed or permanently deleted when no longer required.

NOTIFICATION OF CHANGES

Please note that this Policy may be amended from time to time in accordance to applicable laws and regulations and such variations may be applicable to you. The latest version of this Policy will be made available on the portal.
Do visit your web portal from time to time for updates on the Policy.

PERSONAL DATA OF THIRD-PARTIES PROVIDED BY YOU

To the extent that you have provided (or will provide) personal data about your affiliates, you confirm that you have explained (or will explain) to them that their personal data will be provided to, and processed by, us and you represent and warrant that you have obtained their consent to the processing (including disclosure and transfer) of their personal data in accordance with this Policy.

LOCATION-BASED SERVICE

We, use cookies, web beacons, and other tracking technologies to collect information about your use of the Platform and Third-Party Services, such as your browser type, your ISP or operating system, your domain name, your access time, the URL of the previous Platform you visited, your page views, your IP address, and the type of device that you use.
We also track how frequently you visit the Platform. We use this information for analytics (including to determine which portions of the Platform are used most frequently, what Users like/do not like), to assist us in determining relevant advertising (both on and off the Platform), to evaluate the success of our advertising campaigns, and as otherwise described in this Policy. Currently, we do not honour browser requests not to be tracked.
We collect information from you by using cookies. A cookie is a small file stored on User's computer hard drive containing information about the User. The cookie helps us analyze web traffic or informs you about your use of the Platform.
Cookies allow web applications to respond to you as an individual, tailoring its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. When you visit the Platform, we may send one or more cookies (i.e., a small text file containing a string of alphanumeric characters) to your computer that identifies your browser.
Some of these cookies may be connected to third-party companies, websites or platforms. The terms of use of such cookies are governed by this Policy and the privacy policy of the relevant third-party company or platform.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you disable cookies you may be prevented from taking full advantage of the Platform because it may not function properly if the ability to accept cookies is disabled.

COLLECTION OF AUTOMATIC INFORMATION, USE OF COOKIES AND OTHER TRACKING DEVICES

Some features of KOGHA (eg. SOS Function) make use of detailed location, for example in the form of GPS signals and other information sent by your mobile device on which the KOGHA application is installed and activated. These features cannot be provided without utilizing this technology. Such services provided by KOGHA allows you to send emergency alerts to emergency contacts appropriate to the circumstances of your event from your mobile device and identify your location to the relevant emergency contacts using GPS coordinates. This service is subject to the following limitations: (i) continued use of GPS may dramatically decrease battery life; (ii) there is a risk that the operator/user receiving an emergency alert may transcribe the location coordination incorrectly in which case the relevant emergency service will be sent to the wrong location; (iii) there is a risk that we may not be able show/ translate GPS coordinates at all; (iv) the availability and accuracy of GPS information is subject to limitations arising due to availability of signals, wireless services, Internet Service, the relevant mobile device, location, device permissions, device location service, mobile device battery and geography (GPS signals may be blocked by third person, governing body, military, dense bush or tall buildings, and do not penetrate indoor spaces as well). Accordingly, you accept and acknowledge that use of this Service may not be as accurate as calling emergency services from a landline and is subject to the foregoing limitations.

"INVITE USERS (OWNERS/TENANTS)"

Users may voluntarily choose to electronically forward a link, page, or document to another User else by clicking "Invite Users." To do so, the User must be a primary owner of the property, of which his/her Account is approved by the respective Management, and they must provide the email address of the recipient.

POLLING

We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues, and/or the Platform. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. We may use a system to "tag" Users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.

SURVEYS

We may conduct user surveys from time to time to better target our content to the Users. We will not share individual responses from these surveys with any third party. We will share aggregated data with third party service providers, partners, and other third parties. We also will post aggregated data containing survey responses on the Platform, that data may be viewed and downloaded by other Users.

PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS

As a parent or legal guardian, please do not allow minors (individuals under 18 (eighteen) years of age) under your care to submit Personal Data to KOGHA. In the event that such Personal Data is provided to KOGHA, you hereby consent to the processing of the minor's Personal Data and personally accept and agree to be bound by this Policy and take responsibility for his or her actions.

SECURITY

KOGHA may use encryption, passwords, and physical security measures to help protect your Personal Data against unauthorized access and disclosure. No security measures, however, are 100% complete. Therefore, we do not promise and cannot guarantee, and thus you should not expect that your Personal Data or private communications will not be collected and used by others. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. KOGHA is not responsible for the unauthorized use of your information nor for any lost, stolen, compromised passwords, or for any activity on your Account via unauthorized password activity.

DISCLOSURE TO OTHER USERS OF THE PLATFORM

If you are a Service Professional, your Personal Data (other than your Payment Information) is available to other Users. Comments that Users post to the Platform also will be available to other Users (see our discussion of User Generated Content below). In addition, we will post the results (in aggregate form) of surveys to the Platform.
If you are a Service User, your first name plus first initial of your last name, zip code, as well as the details of your request, are available to all visitors to the Platform. Bidding Service Professionals also will be permitted to see the Service User's name and telephone number.

INFORMATION DISCLOSED TO LAW ENFORCEMENT OR GOVERNMENT OFFICIALS

We will disclose your Personal Data, to law enforcement or other government officials if we are required to do so by law, regulation or other government authority or otherwise in cooperation with an investigation of a governmental authority.

IN THE EVENT OF A CHANGE OF CONTROL OR BANKRUPTCY

In the event that KOGHA undergoes a change in control, including, without limitation, a merger or sale of all or substantially all of KOGHA's assets to which this Platform relates or other corporate reorganization in which KOGHA participates, and is thus merged with or acquired by a third-party entity (a "Successor"), KOGHA hereby reserves the right to transfer the information we have collected from the Users to such Successor.
In addition, in the event of KOGHA's bankruptcy, reorganization, receivership, or assignment for the benefit of creditors, or the application or laws or equitable principles affecting creditors' rights generally, KOGHA may not be able to control how your Personal Data is transferred, used, or treated and reserves the right to transfer the Personal Data we have collected from the Users to non-affiliated third parties in such event.

INFORMATION DISCLOSED AT YOUR REQUEST

We may share your Personal Data with other Users to whom you explicitly ask us to send your information or if you explicitly consent to such disclosure upon receipt of a specific Service. For instance, when you contract for a specific Service with another User, KOGHA will send that User a notice that includes the Personal Data that you have chosen to allow KOGHA to reveal to Users with whom you contract.

EXTERNAL LINKS

The Platform may contain links to other websites, products, and Third-Party Services over which KOGHA does not have any control. Such links do not constitute an endorsement by KOGHA of those external websites, products, and services. You acknowledge that KOGHA is providing these links to you only as a convenience, and further agree that KOGHA is not responsible for the content of such external websites, products, and services. We are not responsible for the protection and privacy of any information which you provide while visiting such external websites, products, and services are not governed by this Policy. Your use of any external websites, products, and services is subject to the terms of use and privacy policy located on the external websites, products, and services.

THIRD-PARTY AD NETWORKS

We participate in third party ad networks that may display advertisements on other products and services based on your visits to the Portal as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of the Platform, as well as aggregate or non-personally identifiable information about visitors and Users of the Platform.

USING INFORMATION FROM KOGHA

The Platform facilitates your sharing of Personal Data with others in order to negotiate, provide, and use the Third-Party Services. If you agree to contract for a service with another User, you may need to reveal your Personal Data to that individual so that the service may be performed. Please respect the privacy of others. You agree to use the Personal Data of other Users solely for the following purposes: (a) KOGHA-transaction-related purposes; and (b) using Third-Party Services offered through the Platform.

USER-GENERATED CONTENT

We invite you to User-Generated Content on the Platform, including your comments, feedback, pictures, and any other information that you would like to be available on the Platform. If you post User-Generated Content to the Platform, all of the information that you post will be available to all Users., and your posting may become public and KOGHA cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy. We may use User-Generated Content, such as reviews about the Platform or Service Professionals, on for the purposes of marketing our Platform and you consent to this being used.

PERSONAL DATA MANAGEMENT TEAM

If you have any requests (to access and/or to update your personal data, or to limit the processing of your personal data), questions, complaints, or if you wish to withdraw your consent to us collecting and processing your personal data, kindly contact our Personal Data Management Team, details as below:
Name: Personal Data Management Team
E-mail address: support@kogha.my