Privacy Policy

During the course of your use of the Platform and the provision of the Services, we may collect personal data about you, as follows:

• Where you are a buyer:
  • Identity data, such as your name, gender, profile picture, and date of birth;
  • Contact data, such as billing address, delivery address, email address and phone numbers;
  • Biometric data, such as voice files when you use our voice search function, and facial and other bodily features and voice of yourself and/or another person featured in your video when you upload videos onto the Platform;
  • Account data, such as bank account details, bank statements, credit card details and payment details (such account data may also be collected directly by our affiliates and/or third party payment service providers);
  • Transaction data, such as details about orders and payments, and other details of products and Services related to you;
  • Technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, IMEI, MAC address, cookies (where applicable) and other information and technology on the devices you use to access the Platform;
  • Profile data, such as your username and password, orders related to you, your interests, preferences, feedback and survey responses;
  • Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform, including the time spent on the Platform, items and data searched for on the Platform, access times and dates, as well as websites you were visiting before you came to the Platform and other similar statistics;
  • Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
  • Marketing and communications data, such as your preferences in receiving marketing from us and our third parties, your communication preferences and your chat, email or call history on the Platform or with third party customer service providers; and
  • Additional information we may request you to submit for due diligence checks as required for identity verification (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.
• Where you are a seller:
  Identity and contact data, such as your name, date of birth or incorporation, company name, address, email address, phone number and other business-related information (e.g. company registration number, business licence, tax information, shareholder and director information, etc.);
  • Account data, such as bank account details, bank statements, credit card details and payment details (such account data may also be collected directly by our affiliates and/or third party payment service providers);
  • Transaction data, such as details about orders and payments, and other details of products and Services related to you;
  • Technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, IMEI, MAC address, cookies (where applicable) and other information and technology on the devices you use to access the Platform;
  • Profile data, such as your username and password, orders related to you, your interests, preferences, feedback and survey responses;
  • Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform, including the time spent on the Platform, items and data searched for on the Platform, access times and dates, as well as websites you were visiting before you came to the Platform and other similar statistics;
  • Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
  • Marketing and communications data, such as your preferences in receiving marketing from us and our third parties and your communication preferences and your chat, email or call history on the Platform or with our third party seller service providers; and
  • Additional information we may request you to submit for authentication (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.

Generally speaking,we use personal data to provide,improve,and develop our products and services,to communicate with you,to offer you targeted advertisements and services,and to protect us and our customers.

Website processes and determines how to process your personal data as data controller for the following purposes:

• Where you are a buyer:
  • Processing your order for products (whether sold by us or a third party seller)
    • To process orders you submit through the Platform;
    • To deliver the products you have purchased through the Platform. We may pass your personal information on to a third party (e.g. our logistics partner) or relevant regulatory authority (e.g. customs) in order to make delivery of the product to you;
    • To update you on the delivery of the products;
    • To provide customer support for your orders; and
    • To verify and carry out payment transactions (including any credit card payments, bank transfers, offline payments, remittances, or e-wallet transactions) in relation to payments related to you and/or Services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers.
  • Providing Services
    • To facilitate your use of the Services or access to the Platform;
    • To administer your account (if any) with us;
    • To display your name, username or profile on the Platform (including on any reviews you may post);
    • To facilitate the use of the mini-apps available on the Platform and purchases made via these mini-apps;
    • To respond to your queries, feedback, claims or disputes, whether directly or through our third party service providers;
    • To display on scoreboards on the Platform in relation to campaigns, mobile games or any other activity;
    • To allow other users to identify you (via the "Find my friends" or any other similar function) as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the socialising function of the Services (where applicable);
    • To assess your application for loan facilities and/or to perform credit risk assessments in relation to application for financing services (where applicable); and
    • To facilitate the integration of third party’s loyalty membership programmes (including those supported by sellers or brands) with our Platform.
  • Marketing and advertising
    • To provide you with information we think you may find useful or which you have requested from us (provided you have opted to receive such information);
    • To send you marketing or promotional information about our or third-party sellers’ products and services on our Platform from time to time (provided you have opted to receive such information);
    • To help us conduct marketing and advertising; and
    • To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to upload or broadcast on our Platform and will be accessible on the Internet and may be shared by the public (the latter of which is not within our control), as part of our advertising and marketing campaigns to promote the Platform.
  • Legal and operational purposes
    • To ascertain your identity in connection with fraud detection purposes;
    • To compare information, and verify with third parties in order to ensure that the information is accurate;
    • To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
    • To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
    • To store, host, back up your personal data;
    • To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
    • To perform due diligence checks;
    • To comply with legal and regulatory requirements (including, where applicable, the display of your name, contact details and company details), including any law enforcement requests, in connection with any legal proceedings, or otherwise deemed necessary by us; and
    • Where necessary to prevent a threat to life, health or safety.
  • Analytics, research, business and development
    • To understand your user experience with the Services and the Platform;
    • To improve the layout or content of the pages of the Platform and customise them for users;
    • To identify visitors on the Platform;
    • To conduct surveys, including carrying out research on our users’ demographics and behaviour;
    • To improve our current technology (e.g. voice recognition tech, etc) via machine learning or other means;
    • To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
    • To conduct data analysis, testing and research, monitoring and analysing usage and activity trends;
    • To further develop our products and services; and
    • To know our buyers better.
  • Other
    • Any other purpose to which your consent has been obtained; and
    • To conduct automated decision-making processes in accordance with any of the above purposes.
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• Where you are a seller:
  • Providing Services
    • To facilitate your use of the Services or access to the Platform;
    • To ship or deliver the products you have listed or sold through the Platform. We may pass your personal information on to a third party (e.g. our logistics partners) or relevant regulatory authority (e.g. customs) in order to carry out shipping or delivery of the products listed or sold by you;
    • To respond to your queries, feedback, claims or disputes, whether directly or through our third party service agents;
    • To verify your documentation submitted to us facilitate your onboarding with us as a seller on the Platform, including the testing of technologies to enable faster and more efficient onboarding;
    • To administer your account (if any) with us;
    • To display your name, username or profile on the Platform;
    • To verify and carry out financial transactions (including any credit card payments, bank transfers, offline payments, remittances, or e-wallet transactions) in relation to payments related to you and/or Services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers;
    • To assess your application for loan facilities and/or to perform credit risk assessments in relation to your application for seller financing (where applicable);
    • To provide you with ancillary logistics services to protect against risks of failed deliveries or customer returns; and
    • To facilitate the return of products to you (which may be through our logistics partner).
  • Marketing and advertising
    • To send you marketing or promotional materials about our or third-party sellers’ products and services on our Platform from time to time (provided you have opted to receive such information); and
    • To help us conduct marketing and advertising.
  • Legal and operational purposes
    • To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
    • To store, host, back up your personal data;
    • To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
    • To comply with legal and regulatory requirements (including, where applicable, the display of your name, contact details and company details), including any law enforcement requests, in connection with any legal proceedings or otherwise deemed necessary by us;
    • Where necessary to prevent a threat to life, health or safety;
    • To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
    • To compare information, and verify with third parties in order to ensure that the information is accurate;
    • To ascertain your identity in connection with fraud detection purposes; and
    • To facilitate the takedown of prohibited and controlled items from our Platform.
  • Analytics, research, business and development
    • To audit the downloading of data from the Platform;
    • To understand the user experience with the Services and the Platform;
    • To improve the layout or content of the pages of the Platform and customise them for users;
    • To conduct surveys, including carrying out research on our users’ demographics and behaviour to improve our current technology (e.g. voice recognition tech, etc) via machine learning or other means;
    • To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
    • To conduct data analysis, testing and research, monitoring and analysing usage and activity trends;
    • To further develop our products and services; and
    • To know our sellers better.
  • Other
    • Any other purpose to which your consent has been obtained; and
    • To conduct automated decision-making processes in accordance with any of these purposes.

Providing,improving,and developing our products and services: We use personal data to help us provide,improve,and develop our products,services,and advertising.This includes using personal data for purposes such as data analysis,research,and audits.Such processing is based on our legitimate interest in offering you products and services and for business continuity.If you enter a contest,or other promotion,we may use the personal data you provide to administer those programs.Some of these activities have additional rules,which may contain further data about how we use personal data,so we encourage you to read those rules carefully before participating.

Communicating with you: Subject to your prior express consent,we may use personal data to send you marketing communications in relation to Website products and services,communicate with you about your account or transactions,and inform you about our policies and terms.If you no longer wish to receive email communications for marketing purposes,pleaseContact Usto opt-out.We also may use your data to process and respond to your requests when you contact us.Subject to your prior express consent,we may share your personal data with third party partners who may send you marketing communications in relation to their products and services.

Offering and measuring targeted advertisements and services: Subject to your prior express consent,we may use personal data to personalize your experience with our products and services and on third-party websites and applications and to determine the effectiveness of our promotional campaigns.

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 Platform 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 Platform are used or visited, by how many people and to track activity within our Platform. 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 usage of the Services.

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 Platform or the Services.

We make certain personal data available to strategic partners that work with us to provide our products and services or help us market to customers.Personal data will only be shared by us with these companies in order to provide or improve our products,services,and advertising;it will not be shared with third parties for their own marketing purposes without your prior express consent.

It may be necessary—by law,legal process,litigation,and/or requests from public and governmental authorities within or outside your country of residence—for us to disclose personal data.We may also disclose personal data if we determine that for purposes of national security,law enforcement,or other issues of public importance,disclosure is necessary or appropriate.

We may also disclose personal data if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies,enforce our terms and conditions,investigate fraud,or protect our operations or users.

It may be necessary—by law,legal process,litigation,and/or requests from public and governmental authorities within or outside your country of residence—for us to disclose personal data.We may also disclose personal data if we determine that for purposes of national security,law enforcement,or other issues of public importance,disclosure is necessary or appropriate.

If you reside within the European Economic Area(EEA),our processing of your personal data will be legitimized as follows:Whenever we require your consent for the processing of your personal data such processing will be justified pursuant to Article 6(1)lit.(a)of the General Data Protection Regulation(EU)2016/679("GDPR").If the processing of your personal data is necessary for the performance of a contract between you and us or for taking any pre-contractual steps upon your request,such processing will be based on GDPR Article 6(1)lit.(b).Where the processing is necessary for us to comply with a legal obligation,we will process your data on basis of GDPR Article 6(1)lit.(c),and where the processing is necessary for the purposes of our legitimate interests,such processing will be made in accordance with GDPR Article 6(1)lit.(f).

We take reasonable steps to ensure that your personal data is accurate,complete,and up to date.You have the right to access,correct,or delete the personal data that we collect.You are also entitled to restrict or object,at any time,to the further processing of your personal data.You have the right to receive your personal data in a structured and standard format.You may lodge a complaint with the competent data protection authority regarding the processing of your personal data.

To protect the privacy and the security of your personal data,we may request data from you to enable us to confirm your identity and right to access such data,as well as to search for and provide you with the personal data we maintain.There are instances where applicable laws or regulatory requirements allow or require us to refuse to provide or delete some or all of the personal data that we maintain.

You may request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed, stored or processed by us via the personal account information setting on our Platform or by contacting us using the contact details below. You may also request correction of any error or omission in your personal data which we have collected in the same way. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request. Where permissible under law, we may refuse such correction requests if deemed vexatious or unreasonable.

Where permitted by applicable data protection laws, we reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.

You acknowledge, consent and agree that Website may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Website or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) comply with a request from any governmental or regulatory authority having jurisdiction over Website; (c) enforce the Website Terms of Service or this Privacy Policy; (d) respond to any threatened or actual claims asserted against Website or other claim that any Content violates the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of Website, its users and/or the public.

To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:

• Restricting access to personal data to individuals who require access;
• Maintaining technology products to prevent unauthorised computer access;
• Using 128-bit SSL (secure sockets layer) encryption technology when processing your financial details; and/or
• implementing other security measures as required by applicable law.

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

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 when we have reasonably determined that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) no other legitimate interests warrant further retention of such personal data. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, 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.

Website does not sell products to minors (which is to be determined based on the applicable law), nor does it intend to provide any of the Services or the use of the Platform to minors. We do not knowingly collect any personal data relating to minors.

You hereby confirm and warrant that you are above the age of minority and you are capable of understanding and accepting the terms of this Privacy Policy. If you are a minor, you may use our Platform only with the involvement of a parent or legal guardian.

As a parent or legal guardian, please do not allow minors under your care to submit personal data to Website. In the event that such personal data of a minor is disclosed to Lazada, you hereby consent to the processing of the minor’s personal data and accept and agree to be bound by this Privacy Policy and take responsibility for his or her actions.

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. It is your responsibility to make your own informed decisions about the use of the Services on the Platform and take necessary steps to prevent any misuse of the Services on the Platform.

We may periodically change this Privacy Statement to keep pace with new technologies,industry practices,and regulatory requirements,among other reasons.We expect most such changes to be minor.Any non-material changes will take effect immediately upon posting of an updated Privacy Statement.

However,there may be cases where changes to the Privacy Statement may be more significant.In such cases,we will first provide a more prominent notice.

Your continued use of the our products and services after the effective date of the Privacy Statement means that you accept the revised Privacy Statement.If you do not agree to the revised Privacy Statement,please refrain from using our products or services and contact service@homsmt.com.