Privacy & Legal

This privacy policy (hereinafter “Privacy Policy”) explains how Aye handles the information provided by the users of this website and relevant service. Connecting with certain aspects of the Services, we may request, collect and/or display some of your Personal Information in Article 2.1 of Act on the Protection of Personal Information, such as the information containing a name, date of birth, or other descriptions etc. We collect the personal information in a proper way. We use the information only to support our necessary business needs (marketing, sales, etc) and after-sale service.

1. What type of information we collect?

Name of the user, the name of organization the user belongs to, postal addresses, phone numbers, email addresses and etc.

2. Do we provide information to Third Parties?

Aye will not provide Personal Information to any third party, except where such disclosure:

is subject to users’ consent. By using our service (store, app, website, etc) you shall be deemed to acknowledge and agree that Aye may share Users’ information including users’ Personal Information with payment processing company, attorneys, tax accountants, certified public accountants, or other professionals who are under confidentiality obligations by contract or law;
is required by laws and regulations;
is necessary for protection of human life, health or property, and where it is difficult to obtain prior consent from the individual; or
is conducted in accordance with business successions due to mergers, demergers, sale of a business, etc.

3. How to disclose or correct your personal information?

Users may request Aye to disclose the retained Personal Information of user him/herself through the procedure separately designated, except if:

it is unable to confirm the identity of the user;
there is a risk of harm to the life, body, property or other rights or interests of the user or any third party; or
fulfillment of the request constitutes violation of laws and regulations.

4. Updates of our Privacy Policy

This Privacy Policy may be changed from time to time. We will notice the users in certain ways if Aye decides to change this Privacy Policy.

5. Contacting Us

If there are any questions regarding this Privacy Policy you may contact us by the following mail: info@ayesolutions-sea.com

Privacy Policy for Customers

This Data Protection Notice (“Notice”) sets out the basis which Aye Solutions Sbn. Bhd. (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

PERSONAL DATA

As used in this Notice:
“customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and

“personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include name, identification numbers such as NRIC, Passport Number and work permit, email address, telephone number, gender, date of birth, credit card & payment details.
Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).

COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

4. We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

5. We may collect and use your personal data for any or all of the following purposes:

performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
verifying your identity;
responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
managing your relationship with us;
processing payment or credit transactions;
complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
any other purposes for which you have provided the information;
transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Malaysia or abroad, for the aforementioned purposes;
any other incidental business purposes related to or in connection with the above; and

6. We may disclose your personal data:

where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you; or
to third party service providers, agents and other organisations we have engaged to perform any of the functions with reference to the above mentioned purposes.

7. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us as a member has been terminated or altered in anyway, for a reasonable period thereafter (including, where applicable, a period to enable is to enforce our rights against you).

WITHDRAWING YOUR CONSENT

8. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

9. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within thirty (30) days of receiving it.

10. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.

11. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

ACCESS TO AND CORRECTION OF PERSONAL DATA

12. If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.

13. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.

14. We will respond to your request as soon as reasonably possible. In general, our response will be within thirty (30) days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).

PROTECTION OF PERSONAL DATA

15. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption, use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.

16. 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 personal data and are constantly reviewing and enhancing our information security measures.

ACCURACY OF PERSONAL DATA

17. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

RETENTION OF PERSONAL DATA

18. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

19. 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 purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

TRANSFERS OF PERSONAL DATA OUTSIDE OF MALAYSIA

20. We generally do not transfer your personal data to countries outside of Malaysia. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.

DATA PROTECTION OFFICER

21. You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

Contact No. : +603 2242 1337

Email Address : support@ayesolutions-sea.com

EFFECT OF NOTICE AND CHANGES TO NOTICE

22. This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

23. We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

Effective date : 12/05/2021

Last updated : 12/05/2021

Terms And Conditions

These Terms and Conditions govern your use of the Aye Solutions mobile application (Aye) and your relationship with Aye Solutions Sdn. Bhd. (“we”, “us”, “our”, the “Mobile application”). We welcome customers to use the application for entry into our stores. It is important that you go through the policies and understand them before registration.

This set of Terms and Conditions will help you understand how Aye Solutions operates and ensures that we serve you fairly and properly. Only registered customers are able to enter Aye Smart Stores. We highly encourage you to download the application through Apple or Google Play store.

Introduction

These Terms and Conditions apply to the entry to the store & any purchases made on Aye Solutions. Aye Solutions reserves the right to amend/update this Terms and Conditions at its sole discretion without notice to the Customer.

Membership Registration

Registration provides a unique identification for each shopper, and helps us trace all orders in cases where there are queries or problems.

Registration is simple and done only by an individual shopper. The shopper must provide their mobile number and link their payment method. An individual QR code will be generated. The generation of QR code will be required for login to Aye Solutions mobile application.

An individual can choose to input their facial detail for facial recognition entry to the store. This facial recognition entry to the store is only applicable to a single location, unless selected otherwise.

Customers representing their companies/institutions may also register as a member of Aye Solutions on behalf of their companies/institutions.

Customers must also ensure that all details provided during registration or any other time are correct and complete. Any changes to details provided during registration must be updated by informing Aye Solutions or via our mobile application.

Your account is tagged directly to your mobile application and all purchases are made to the selected payment method. You will be responsible for any purchases and activities that are submitted under this mobile application, including the actions and sharing of the account to individuals whom you have allowed access to the store.

Aye Solutions reserves the right to refuse, suspend or terminate registration of individual and corporate member and/or the use of the mobile application immediately at our discretion including but not limited to the following reasons: –

1. Accounts of Customers that have been dormant for more than 60 days;

2. Accounts of customers that we suspect have been compromised or used in breach of these Terms and Conditions; and

3. Customers who breach any of these Terms and Conditions upon entering the store or upon making any purchases using the mobile application.

Personal Data Protection Act 2012

In connection with the Personal Data Protection Act 2012 (PDPA), you agree that Aye Solutions Sdn Bhd and its related or affiliated companies, subsidiaries, co-operatives and organisations (hereafter collectively referred to as “Aye Solutions”, “we”, “us” or “our”) may collect, use, process, disclose, and/or transfer your personal data for the purposes of administering, maintaining and terminating your membership and keeping you informed of updates, changes and developments relating to your membership or mobile application, the scope of which may include but is not limited to:

administering and maintaining your account with us, including administering any login processes, benefits and entitlements;
engaging third party service providers to perform certain aspects of the services offered;
unless you notify us that you do not wish to receive such information, sending you information from time to time through e-mail and/or post about products and services, promotions and special offers, upcoming events and other information which may be of interest to you;
customer profiling, market analysis and research purposes to improve our product and service offerings to you;
notifying you about important changes to the membership program;
responding to queries or feedback from you; enforcing these Terms and Conditions and our legal rights and remedies; and
for such other purposes as permitted by applicable law or with your consent.

In compliance with the PDPA, Aye Solutions will not send marketing messages to Malaysia mobile telephone or facsimile numbers belonging to you unless you have given us clear and unambiguous consent to do so. If you have previously given us consent, we will continue to send you marketing messages until you advise us in writing that you wish to withdraw the consent.

Intellectual Property

You acknowledge that the Aye mobile application contains information, data, software, photographs, graphics, typefaces, music, sounds and other material (collectively “content”) that are protected by copyrights, trademarks, database and other intellectual property rights owned by us or our suppliers.

You may not modify, reproduce, copy or distribute any of the content on Aye for commercial purposes without our prior consent.

Use of the Mobile application

You may not use Aye Solutions for any of the following purposes:

Disseminating any unlawful, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
Gaining unauthorised access to other computer systems
Interfering with any other person’s use of the mobile application
Interfering or disrupting networks or web sites connected to the mobile application
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of Aye Solutions.

Mobile Application Availability

Whilst all attempts will be made to ensure Aye Solutions mobile application access is available all the time, occasionally the Site may undergo repairs, maintenance or the introduction of new services which may render the unavailability of access to the mobile application.

Aye Solutions’ mobile application further includes links to other mobile applications or materials which are beyond its control if such mobile application becomes unavailable. Aye Solutions will not be held responsible or liable in any way whatsoever due to the unavailability of the mobile application.

Membership Benefits

Being a member entitles you a discount off non-promotion items on the mobile application. However, discounts may not be applicable for certain promotional items.

Pricing and Product Information

Whilst every effort is made to fulfil orders in terms of price, details and size through the Aye Solutions’ mobile application, Aye Solutions expressly reserves the right to vary the price and other details of the Products without notice. Fresh produce may vary from photo as fresh, natural products are never identical even when they are from the same variety and supplier. As much as Aye Solutions tries to reflect the actual Product size, details and price, Aye Solutions is not liable for instances when they differ from the actual Product.

The prices advertised on Aye Solutions may from time to time vary from those found at Aye Solutions deployed stores. In circumstances where some Products size and packaging differ from the description found on Aye, Aye Solutions expressly reserves the right to provide the nearest size/packaging for the Product at the nearest price.

In the event of any price differentials between the mobile application billing and the final bill whether arising from substitutions, daily price changes, out-of-stock Products, special price, mislabelling or mispricing etc, Aye Solutions reserves the right to adjust the final bill after the online bill is presented/conveyed to the Customer and such adjustment shall be final.

Aye Solutions has made every effort to display the colours of our Products that appear on the Mobile application as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Orders

No orders via phone or email will be accepted, all customers have to register for an account and submit their orders online via the mobile application.

Aye Solutions cannot be held responsible for any inaccuracy or omission of orders. Aye Solutions will attempt its best to fulfil orders placed by customers. In the event that an ordered Product is not available, Aye Solutions reserves the right to replace it with a similar item of equivalent value.

Aye Solutions shall not be liable to any Customer/person for any loss, damage incurred or inconvenience suffered in the event Aye Solutions declines to fulfil an order or cancels or withdraws any order for whatever reason including but not limited to an unforeseen circumstance (e.g. lack of availability, quantity or specification etc) as the case may be.

Refunds/Return Policy

Customers have to report on any order discrepancies/dissatisfaction within 7 days from receipt of order. All Products leaving our distribution centre have been checked for quality and accurate quantity. However, we will put up a refund request for items that are not satisfactory and/or for any order discrepancies. For returning of such products and refund purposes, customers may be required to do so at a preferred Aye Smart Stores.

For wrongly purchased items up to RM200 paid for by credit card only, you may return the affected items at any Aye Smart Stores. Returned items must be in their original packaging with proof of purchase within 7 days of the date you received them. For requests above RM200 or orders that are not paid for by credit card, please submit your request via the mobile application.

For defective products that are under warranty, please approach the purchased brand local authorized service centre for assistance. For other defective products, please return them to the store with your receipt for an exchange or refund.

For wrongly purchased items (other than defective products) that you wish to exchange, kindly return them to the same Aye Smart Store with your receipt for an exchange. We apologise that we are unable to exchange medical and hygiene sensitive items to ensure the safety and health of our customers.

Payment

Payment information is transmitted through a secure payment channel using our secure server and Secure Socket Layer. Once payment mode has been selected and order has been submitted, any changes on payment mode is not possible.

Aye Solutions reserves the right to change the mode or method of payment for Products offered at any time by announcement via its mobile application, email blasts and any other means of public communications.

Third Party Sites

There may be occasions when information or materials on or of third parties are provided on Aye mobile application.

Aye Solutions is not responsible for the content or activities of any other sites outside the Aye Mobile application. In addition, a link to another mobile application does not mean that Aye Solutions endorses or accepts any responsibility for the content displayed on the other sites. Your visit or use of any third party site linked from Aye mobile application site is entirely at your own risk.

Warranties

Aye Solutions expressly excludes all warranties, descriptions, representations or advice rendered as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise of the Product supplied to the fullest extent permitted by law.

No Agent or representative of Aye Solutions is authorised to make any warranty, representation or statements given as to the fitness or suitability for any purpose, tolerance to any condition, similarity to sample, merchantability or otherwise of the Product supplied.

Limitation of Liabilities

Aye Solutions shall not liable for any consequential, indirect or special damages or loss of whatever descriptions. To the extent that Aye Solutions is liable in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Aye Solutions’ obligations hereunder, such liability shall not in any event exceed an amount equivalent to the price of the Product(s).

Both Aye Solutions and the delivery company will not be held responsible for any damages or loss of Products after delivery. The

Customer shall not use the Product in any manner and/or for any purpose for which they are unsuited for and shall be responsible for using all necessary skill and care in handling and using the Product. The Customer expressly agrees that Aye Solutions assumes no obligation or liability for any advice or information given with the Products and Aye Solutions assumes no responsibility for any inaccuracy or misstatement of any such information. The Customer assumes all risks connected with the use and storage of the Product.

Customer unreservedly acknowledges and agrees that he/she assumes all risk in connection with the use of this site. Aye Solutions shall not be liable for any direct, indirect, consequential or punitive damage or loss of profits or loss of revenue however arising from the use of, access to the site. Without limitation to the foregoing:

This site and all information contained herein is provided on a “as is” without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for purpose, or non-infringement. Before acting on the information found on Aye mobile application, you may wish to confirm the facts that are important to your decision making. Product information on our mobile application may be different from information on the products for a variety of reasons including such things as manufacturers’ updates and changes. Aye Solutions reserves the right to change or update information on any product on Aye Solutions any time without prior notice.

To the fullest extent permitted by law, Aye Solutions shall not be liable for any error or omission in the content of the site including any damage or injury arising out of or in connection with any access or use of the site whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.

Promotional Code

Promotional codes are valid for a limited or specified period only and Aye Solutions reserves the right to modify, cancel or discontinue them at any time on the Aye Solutions mobile application, without any notice. Promotional codes are not transferable and not redeemable for cash. Each promotional code has its own qualifying terms. It is void where prohibited by law. All offers are subject to availability and while stock lasts.

In the event of suspected fraud or misuse, Aye Solutions reserves the right to reject or cancel the use of a promo code. We also reserve the right to charge you partially or in full the value of the benefit received, using your order payment method, without further notice.

The general terms and conditions for all promotions are as follows:

Promo code cannot be used with any other available promo codes. Aye Solutions reserves the right to reject any order that has violated this.
Redemption of promo code is applicable to purchases made in the store using the Aye mobile application.
Using a promo code discount in conjunction with other free gift promotions may alter the minimum amount criteria for it. [Comment: what is the minimum amount criteria as it is not stipulated? Does this mean that a promo code discount cannot be used in conjunction with other free gift promotions?]
Please check your cart to ensure promo code discount is applied and review your order carefully before checkout.
Discount, vouchers and privileges are not exchangeable for cash, kind or other goods and services.
All prices listed are in Malaysia Ringgit.
Aye Solutions reserves the rights to vary/amend the privileges or terms and conditions of all promotions without prior notice.

For any enquiries, please submit your feedback via the website or mobile application

Governing Law and Jurisdiction

These Terms and Conditions shall be construed in accordance with the applicable laws of Malaysia. Both the Customer and Aye Solutions irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Malaysia.

Termination

If you violate any of these Terms and Conditions, your permission to use the Mobile application or your membership may be suspended or revoked, and we reserve the right to suspend or terminate your access to, and use of, the Mobile application at any time.

You may contact us at +603 2242 1337 or email us at support@ayesolutions-sea.com if you have any questions or need any assistance.