Dmall OS Terms of Service
Last updated on: June 2nd , 2023
Version: 1.0
Thank you for using Dmall OS! Please read these Terms of Service agreement carefully before accessing or using Dmall OS. By using the "Dmall OS" system, you confirm that you have fully read, understood and accepted all contents of these Terms of Service. Once you click "Agree", you confirm that you have fully understood and accepted all contents of these Terms of Service (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “our” and “Dmall ” means the applicable Dmall Contracting Party (as defined in Section 12 below), and “you” means the Dmall User (if registering for or using Dmall OS Service as an individual), or the business employing the Dmall User (if registering for or using Dmall OS Service as a business) and any of its affiliates.
Operating by Dmall Digital Europe Kft. and its affiliates, Dmall OS provides a complete retail service system helps retailers (hereafter the “Merchants) to digitalize and optimize their omni-channel sale operation. Any such service or services offered by Dmall are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to these Terms of Service. You can review the current version of these Terms of Service at any time on our website.
Dmall endeavors to comply with the requirements of EU law, including the General Data Protection Regulation (GDPR). We are committed to safeguarding the privacy and security of our users' personal data. This commitment includes transparent data processing practices, secure data storage, and the right to access, rectify, and delete personal information upon request. By using our services, you acknowledge and consent to our GDPR compliance efforts and agree to abide by our Privacy Policy. Please review our full Privacy Policy for more details.
You must read, agree with and accept all of the terms and conditions contained and expressly referenced in these Terms of Service, including Dmall OS Privacy Policy, before you register or sign up for a Dmall account or use any Dmall OS services.
For privacy policy please see annex 1 of this EULA
1. Definition
1.1 Users:
All users who register, log in and use the "Dmall OS" system, including enterprise users and employee users.
1.2 Enterprise users:
Entities, including but not limited to companies, government agencies, other organizations, partnerships, or individual businesses, that have expressed the intention to utilize and register as users of the 'Dmall OS' system.
1.3 Enterprise user administrator:
An individual authorized or designated by the enterprise to manage the "Dmall OS" system account of the enterprise user. The behavior of the administrator of an enterprise user is regarded as the behavior of the enterprise user, and the enterprise user bears the consequences of such behavior.
1.4 Employee users:
Individuals including but not limited to regular employees affiliated with enterprise users, temporary workers and other natural persons who accept the request of enterprise users to use the "Dmall OS" system. Enterprise users can effectively manage employee users through the "Dmall OS" system.
1.5 Enterprise account
An account in which the enterprise user obtains the right to use the "Dmall OS" system by registering or entering into an agreement with us.
1.6 Employee account:
A sub-account under the enterprise account that is opened by the enterprise user administrator on behalf of the enterprise user for the employee user, and the permissions and functions of the account is configured by the enterprise user administrator.
2. Account Terms
2.1 Access an Account
To access and use the services, you are required to register for a Dmall account (“Account”). To complete your Account registration process, you must provide us with your full legal name, phone number, a valid email address, and any other information deemed necessary. Please note that Dmall reserves the right to reject your Account application or terminate an existing Account, for any reason, at our sole discretion.
To open an Account, you must meet the following criteria: (i) be at least 18 years old, or (ii) have reached the age of majority in your jurisdiction of residence from which you access the Services. By using the Services provided by Dmall, you acknowledge that you are utilizing them solely for the purposes of conducting business activities and not for personal, household, or family purposes.
2.2 Primary Email Address
You acknowledge that Dmall will use the email address you provide during Account registration, or any updated email address provided by you subsequently, as the primary method for communication with you (“Primary Email Address”). It is your responsibility to regularly check and monitor the Primary Email Address to ensure it is capable of both sending and receiving messages. Please note that email communications between you and Dmall will only be considered authentic if they originate from your Primary Email Address.
2.3 Account Security
You are responsible for maintaining the security of your Account password. Dmall cannot and will not be held liable for any loss or damages resulting from your failure to ensure the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
Technical support in respect of the Services is only provided to Dmall OS Users. Questions about the Terms of Service should be sent to our Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Dmall.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Dmall’s Checkout, use any tools to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
All "Dmall OS" system accounts are owned by Dmall. The "Dmall OS" system account is for the user's own use only and is not allowed to be given, lent, rented, transferred or sold, otherwise the user will be responsible for any loss caused and Dmall has the right to unilaterally suspend or terminate the use of the account.
3. User
3.1 Enterprise user
If you are signing up for the Services on behalf of your employer, your employer will be the enterprise user. In such cases, it is required that you use your employer-issued email address for the registration process. By doing so, you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Enterprise user is responsible for: (a) ensuring it’s employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the enterprise user’s employees, agents or subcontractors. The enterprise user acknowledges and agrees that it will be responsible for the performance of all of its obligations under the Terms of Service, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of enterprise user.
Enterprise users and employee users shall have established a labor relationship that complies with laws, regulations, and regulatory requirements. If the enterprise user administrators and employee users have not established any labor or employment relationship, in case an employee user infringes on a third party or is infringed when using our Service, the enterprise user who opened their relevant account shall be responsible for dispute resolution and compensation with regard to any potential claim arisen. In other words, enterprise users shall bear the consequences for all actions of enterprise user administrators and employee users. Enterprise users should ensure that the enterprise user administrator and employee users have obtained legal and effective authorization. In the event that the enterprise user decides to change, revoke or terminate the enterprise user administrator or employee user privileges, it is the responsibility of the enterprise user to promptly log into the enterprise account to update the account password. Additionally, the enterprise user must promptly change the privileges and terminate the relevant employee accounts. Failure to take these actions may result in the enterprise user bearing the consequences arising from such inaction.
Based on management or business support needs, enterprise users can access and use the personal information or work-related information of employee users (see Privacy Policy for details). However, it is crucial for enterprise users to use such information in accordance with laws, regulations, and regulatory provisions. Prior to creating an employee account, enterprise users are required to clearly inform their employees and obtain their legal and complete authorization. If an employee user does not agree to the processing of relevant information, he or she shall cease using the "Dmall OS" system immediately.
3.2 Employee user
The employee user knows and agrees that the enterprise user who opens an account for him/her can obtain all the information generated by the employee user based on registration, login, browsing and use of the Services under these Terms of Service through the enterprise account, and the employee user shall confirm that he/she has fully confirmed and authorized the collection and use of above specific information with the enterprise user before using the Services under these Terms of Service.
4. Dmall Rights
4.1 Function
The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in all jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
Dmall provides services to users based on these Terms of Service, which may vary depending on the system version. For the specific content and usage methods of each service, users can consult Dmall or refer to the prompts provided by the system for operation.
4.2 Non-Exclusive
We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Dmall employees and contractors may also be Dmall customers or merchants and that they may engage in competition with you. However, they may not be permitted to utilize your confidential information in such activities.
Dmall reserves the right to change, upgrade, modify, and transfer the Service and its version and related functions at any time at its own discretion. Dmall further reserves the right to develop new modules, functions or services in other languages within the Services.
4.3 Account Disputes
In the event of a dispute regarding Account ownership, we reserve the right to request documentation and additional information to support us determine or confirm such ownership. Documentation may include, but is not limited to, a scanned copy of enterprise user’s business license, photo of official ID card, the last four digits of the credit card on file, or confirmation of user’s status as an employee of an enterprise.
Dmall reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Merchant. If we are unable to reasonably determine the rightful Merchant, without prejudice to our other rights and remedies, Dmall reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
The user understands and agrees that due to the nature of the network, Dmall is unable to verify the person using the user's account, so any operation in the "Dmall OS" system through the user's account is considered to be done by the user's true will, and the user will bear all the consequences. If you find that your account is being used maliciously, you should inform Dmall in a timely manner, and Dmall may take measures such as suspending your account to protect your rights and interests. User understands and agrees that Dmall needs a reasonable period of time to act on User's request to suspend the account, and Dmall will not be responsible for any loss incurred before the account is suspended.
4.4 Notification of updates
The user agrees that Dmall has the right to change the content of these Terms of Service according to business needs, and to announce it on the "Dmall OS" system website or mobile application without other separate notification to the user. Upon the announcement of the updated Terms of Service, they will supersede the previous version, and users are required to review these Terms of Service and the updated content regularly.
If a user does not agree with the modifications to these Terms of Service, it is required that the user promptly ceases the use of the services provided under these Terms of Service or cancels his or hers "Dmall OS" system account. However, if the user continues to use the services after the changes are have been implemented, it will be considered as an indication that the user has fully read, understood, and accepted the revised Terms of Service. Consequently, the user is expected to use the services in accordance with the updated Terms of Service.
4.5 Data Accuracy
The user acknowledges and agrees that the working status of the employee account confirmed by the "Dmall OS" system according to the business rules shall be considered as the actual work process status of the employee user. The employee user agrees that the execution time of the relevant instructions shall be subject to the actual operation time of the "Dmall OS" system, and agrees that Dmall considers it as one of the factual bases for dispute resolution, rule enforcement and other related matters. Any disputes or losses arising from the employee user's failure to timely modify or confirm the system status, or failure to submit relevant applications, shall be resolved through consultation between the employee user and the enterprise user, and Dmall shall not assume any responsibility.
If Dmall finds a data processing error caused by system failure or other reasons, whether it is beneficial to Dmall, the user or other third parties, Dmall has the right to correct the error, reverse/roll back the relevant system process or data after notifying the employee user in accordance with the provisions of these Terms of Service.
5. Your Responsibilities
5.1 Independent Responsibility
You acknowledge and agree that the Services are not a marketplace but a tool, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Dmall will not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.
You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
5.2 Lawful Use of Our System
You may not use the Dmall Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of EU. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
6. Account suspension and cancellation
6.1 Active Cancellation
If an enterprise user does not want to continue to use "Dmall OS" account, he/she can engage in negotiations with Dmall to terminate the "Dmall OS Service Agreement" and cancel the enterprise account. If an employee user does not want to continue to use the "Dmall OS" account, he/she should contact the enterprise user administrator to cancel the employee account, and the content of the change should be confirmed according to the relevant agreement between the employee user and the enterprise user.
All records generated through the Dmall OS account after cancellation will be deleted, anonymized, or handled in accordance with the Dmall OS Service Agreement and Dmall OS Privacy Policy (without prejudice to application of special provisions of laws, regulations of regulatory authorities). After the cancellation, all unused rights and interests that the user has acquired through the "Dmall OS" system account will be null and void, and the user will not be able to continue to use the services provided by Dmall under these Terms of Service.
6.2 Cancellation at Our Discretion
The user shall bear full responsibility for any violations of these Terms of Service, applicable laws and regulations. At the same time, Dmall by its sole discretion have right to stop providing services under these Terms of Service and unilaterally suspend or cancel the user's account. Any risk and loss arose in such cases shall be borne solely by the user.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Dmall’s employee, member, or officer will result in immediate Account termination.
7. Prohibited Activities:
We may, at any time and without notice, suspend or terminate your Account or your access to the Services if you engage in activities that violate these Terms of Service.
Illegal activities:
You may not offer goods or services, as well as post or upload Materials, that contravene or promote activities that violates the laws of the jurisdictions in which you operate or conduct business.
Intellectual property:
You may not offer goods or services, as well as post or upload Materials, that infringe upon the copyright or trademarks of others.
Malicious and deceptive practices:
You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Dmall or others, including Dmall’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
Dmall has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with these Terms of Service, or any other agreement between you and Dmall governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of Terms has occurred will be final and binding, and any action taken with respect to enforcing these Terms of Service, including taking no action at all, will be at our sole discretion.
8. User Service Restrictions
8.1 Dmall's right to stop service
Users shall comply with the applicable laws and regulations when using the Service. Dmall has the right to suspend or stop providing the Service or any part of the Service to the User without prior notice to the User in the following circumstances, and Dmall shall not be responsible for any loss caused to the User as a result:
(1) Dmall has reasonable grounds to believe that the user has violated laws or regulations or the agreement;
(2) The business user fails to pay the service fee as agreed, or otherwise violates the Dmall OS Service Agreement signed between the enterprise user and Dmall or these Terms of Service;
(3) Dmall finds that the account is abnormal and there is a possibility of infringing the rights and interests of the user by continuing to provide the service.
8.2 Improper Use of Our Service
Users shall not use the services under these Terms of Service to engage in the following acts that infringe on the legitimate rights and interests of others, otherwise Dmall has the right to refuse to provide services for users and users shall bear all legal responsibilities. If as a result of the user's actions, Dmall or related parties incur losses, the user shall indemnify Dmall and bear the corresponding liability for compensation in accordance with applicable law. Related acts include but are not limited to:
(1) Infringement of Dmall's and/or third parties' reputation, privacy, trade secrets, trademark, copyright, patent and other personal and property rights;
(2) Violation of statutory or confidentiality obligations under the Dmall OS Service Agreement and these Terms of Service;
(3) Using the Service under the name of another person;
(4) Engaging in unlawful trading practices, such as the misappropriation of trade secrets, sale of personal information, etc.;
(5) Engage in any behavior that may contain computer viruses or may infringe the system of the Service;
(6) Imitate the products and services provided by Dmall for commercial purposes, copy and imitate Dmall's design concepts, interfaces, functions and graphics, modify or create other products based on the Service or its content without Dmall's permission;
(7) Any other conduct that Dmall has reasonable grounds to believe is inappropriate.
9. Confidentiality
“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly-known, including but not limited to specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Dmall’s confidential information includes all information that you receive relating to us or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s confidential information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including Section 6.
Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such confidential information, other than (i) by or to its employees, agents and subcontractors who must have access to such confidential information to perform such party’s obligations hereunder, who each will treat such confidential information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s confidential information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
10. Limitation of Liability and Exemption of Our Responsibility
10.1 Data Security
Dmall has established a reasonable security system to ensure the integrity and confidentiality of users' data. However, users should understand and agree that the technical means are constantly updated and Dmall cannot eliminate all insecurity factors for all the time, but Dmall will continuously improve the security system and properly maintain the safety of network and related data.
We are not responsible for:
(1) Delays as a result of service failures caused by issues of telecommunications equipment, electrical systems or other third parties;
(2) Dmall's inability to provide normal services during declared system downtime for maintenance;
(3) Inability of the service terminal to meet the user's needs due to computer viruses, hacker attacks, system instability, user location, user shutdown, and any other network, technical, or communication line reasons;
(4) Force majeure: including but not limited to war, flood, fire, typhoon, tsunami, earthquake, government action and all other objective circumstances that cannot be foreseen, avoided, and overcome;
(5) Losses caused by disputes between business users and employee users;
(6) Losses caused by the user's own reasons and other losses not caused by Dmall's fault.
10.2 What We Do Not Guarantee
Enterprise user will be responsible for any breach of the Terms of Service by your employees, affiliates, agents or subcontractors and will be liable as if it were your own breach.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Dmall does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Dmall does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Dmall is not responsible for any of your tax obligations or liabilities related to the use of Dmall’s Services.
10.3 Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, Dmall and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages. This includes, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service, regardless of the cause, including negligence. Dmall's entire liability to the user is limited to the direct damages incurred by the user, up to the amount paid by the business user to Dmall under the Dmall OS Service Agreement.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Dmall partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference ; (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws , or your breach of the Terms of Service.
11. Intellectual Property Rights
11.1 The copyright of any design, text, images, graphics, audio, video, terminal software and other information, materials or codes provided by Dmall belongs to Dmall. Without Dmall's prior written consent, users are not allowed to copy, use, sell or disclose in any way.
11.2 "Dmall", "DmallDmall OS", "DMALL", "DMALL BRAND": Dmall holds commercial marking rights and interests in the above-mentioned commercial marks, which are protected by law. Users are not allowed to modify, register, copy or otherwise use such commercial marks without Dmall's prior written consent.
12. General Conditions
The conclusion, entry into force, performance, interpretation, change and dispute resolution of these Terms of Service shall be governed by the laws of [[Hungary]. Any dispute arising from these Terms of Service shall be settled by friendly negotiation between the parties; if the negotiation fails, either party shall have the right to file a lawsuit with the court in the location of Dmall.
If any provision of these Terms of Service is found to be invalid, illegal or unenforceable, the remaining provisions of these Terms of Service shall remain valid and binding.
“Dmall” means Dmall Digital Europe Kft., a limited liability company under laws of Hungary.
13. Annex 1 PRIVACY POLICY
Updated and Effective: June 2nd , 2023
Version: 1.0
This Privacy Policy specifies how we collect, use, store, share and transfer your personal data when you use the products/services provided by DMALL DIGITAL EUROPE KFT. (Registered address: 1121 Budapest, Zugligeti út 41, Hungary) (hereinafter referred to as "Dmall","we", "our" or "us") and the ways in which we provide you with access to, update, delete and protect such data. If you have any questions when you read this Privacy Policy, you can contact us through the contact information provided in this Privacy Policy.
Please make sure you carefully read and fully understand this Privacy Policy before you start using our products and services (hereinafter refer to as “Services”). For emphasis, we have highlighted key points in "bold/bold underline" to require you to pay special attention when reading this Privacy Policy. You should choose whether to agree to this Privacy Policy and whether to agree to the use of the Services after carefully reading and fully understanding this Privacy Policy. If you do not agree with this Privacy Policy, we may not be able to provide all the functions of the Services. In such cases, we recommend that you discontinue accessing or using the Services immediately.
Your consent to the Privacy Policy is deemed that you have understood the functions provided through our websites and mobile applications (hereinafter referred to as “Apps”) as well as the necessary process of minimum personal data for the operation of such functions, and that you expressly authorize us to collect and use personal data. However, your consent does not imply agreement to enable additional features or to process non-necessary personal data. We will obtain your consent individually according to your actual use of the Service before enabling additional features, processing non-necessary personal data, or processing special types of personal data.
In addition, our websites and mobile Apps may provide links to other (third-party) websites, mobile applications, or API interfaces for your convenience. These linked websites and applications have their own privacy notices or policies, which we strongly encourage you to review their privacy notices or policies before using their products and services. Please note that we are not responsible for the content, privacy practices related to personal data process, or other operational behaviors of linked websites or applications that are not controlled by us.
Table of Contents
I. What Personal Data Do We Collect and When Do We Collect
II. Why and How We Use Your Personal Data
III. How We Protect the Personal Data of Minors
IV. How We Share Your Personal Data
V. How You Exercise Your Personal Data Subject Rights
VI. How We Protect Your Personal Data
VII. How We Store Your Personal Data
VIII. Whether Your Data Will be Transmitted to a Third Country
IX. How We Use Cookies and Similar Technologies
X. Changes to Our Privacy Policy
XI. Contact Us
I. What Personal Data Do We Collect and When Do We Collect
We collect your personal data strictly based on the requirements of the General Data Protection Regulation (GDPR) and the consensus reached with merchants in the Data Processing Agreement that we made with such merchants. We collect your personal data to fulfill our service obligations and to optimize the Services. We will not collect your personal data without specified, explicit and legitimate basis.
When you use the Services, it is necessary for you, as a user, to authorize us to collect and use certain personal data of yours. The following list outlines the personal data that Dmall may collect under different scenarios. We will only collect the necessary personal data of you to ensure your normal use of certain functions and will not collect any unnecessary personal data for your utilization of our certain services.
We may collect the following personal data:
• Personal identification information: Name, Email address, Phone number;
• Network identity information: UID, Account number, Account password, Device information, IP address;
• Education and job information: Employee number, Affiliated group, Affiliated merchant, Store number, Store name;
• Personal location information: Location information;
• Behavior data: Page browsing data;
• Communication records and contents, Audio recordings, Picture information from the device's camera and photo library;
II. How We Use Your Personal Data
In accordance with the relevant requirements of the GDPR, we are entrusted by ( Merchant ) to process your personal data when providing services for you. As we only act as a data processor in this process, we may only process your various personal data based on the instructions of the Merchant as the data controller under the premise of complying with the GDPR. Any information you provide is retained and controlled by ( Merchant ) as the data controller. A merchant administrator is generally an employee of the data controller who is directly responsible for responding to your requests related to personal data subject’s rights. We will work with you to the fullest extent possible to realize your legitimate personal data rights in accordance with our agreements with data controllers, instructions from merchant administrators, applicable laws and regulations.
Dmall only uses the personal data that has been collected for the sole purpose of implementing some of the product features for your use. The details of why and how your personal data is used are as follows.
1. Data You Provide to Us
We receive and store necessary personal data you provide in relation to use certain functions of the Services. Specific personal data categories are as shown below. You are fully capable to choose not to provide certain types of personal data, but absent of certain personal data may result in limitations or inability to use certain features of the Services.
Your Personal Data Purpose and Use of Collection
Account number, Account password For your login process to use the Services.
Name, Email address In our business, we use your name and email address for identity verification and communication purposes. In addition, if you are logged in to your account, we will provide you with the ability to access your data. You can check your personal data through "Personal Center".
Phone number When fulfilling online orders, your phone number is recorded to contact the customer and the store.
Location information When you use map-related features, we will use your location information.
Communication records and contents, Audio recordings When using the privacy number service, the content of your call will be recorded to protect your personal rights and interests.
Picture information Used when you upload your pictures.
In order to ensure the normal implementation of the relevant business functions, our Apps need to call the corresponding necessary permissions according to specific usage scenarios and ask for your consent via a pop-up window before calling. Please refer to the following table for a description of specific permissions to be granted:
Description on Device Permissions
Applications Device Permissions Use Purposes When to Call Permissions Whether Can be Shut Down
Dmall
(Android) Camera Use the camera function when you scan codes and take photos When you need to use the code scanning function, and when you need to take photos and upload pictures, we will call your camera permission. Yes
Location Use the map positioning function When you need to use the map-related features, we will read your location information. Yes
Store Used to apply updates, cache data, and save images When you update your App, upload or cache images, we will get your permission to store. Yes
Phone Used to contact customers or us When you contact customers or us, we will get permission to make a call. Yes
Message Used to notify new messages with sound or vibration alert When you have a new message, we will get message notification permission. Yes
Dmall
(iOS) Camera Use the camera function when you scan codes and take photos When you need to use the code scanning function , and when you need to take photos and upload pictures, we will call your camera permission. Yes
Photos Used to facilitate image storage and uploading When using the functions for uploading images, we will read your photo library. Yes
Location Use the map positioning function When you need to use the map-related features, we will read your location information. Yes
Microphone Used to contact customers or us When you contact customers or us, we will get microphone permission. Yes
Message Used to notify new messages with sound or vibration alert When you have a new message, we will get message notification permission. Yes
Network Used to access the network and obtain the Wi-Fi information When you need to connect to the network, we will get your network permission. No
You can choose to turn off some or all permissions in the "Personal Center > Settings > About DMALL OS > System Authorization" setting of the App or your device, which may result in the corresponding business functions not being implemented or not achieving the expected results.
2. Automatic Data
We automatically collect and store certain data about your use of the Services. Specific categories of automatically collected personal data are listed below. Such data are necessary for logging in your account and using our basic services. If you refuse to provide such personal data, please discontinue using the Services and contact the merchant administrator by sending an email to support.privacy@dmall.com for further deletion of such personal data.
Your Personal Data Purpose and Use of Collection
UID Used to identify your identity and manage your accounts and permissions.
Device information In order to provide you with services and page displays that better meet your needs, we will collect and use your device information when you access and use our services. Device information include Device ID, Device name, Device model, System language, etc.
Such data are used to sort the corresponding service content to suit your device interface.
IP address Used for security monitoring and identity authentication. If a large number of login attempts occur or geographic anomalies occur, you can discover and respond to security threats in a timely manner.
Behavior data Used to operate, improve, and maintain our business, optimize product features and enhance your experience.
3. Data from Other Sources
We may receive data about you from other sources, specific categories of personal data are as shown below.
Your Personal Data Data Source Purpose and Use of Collection
Employee number, Affiliated group, Affiliated merchant, Store number, Store name Merchant (data controller) Your job information is provided by the merchant administrator. Before the merchant provides such personal data of yours to us, the processing of such information shall have been lawfully authorized by you and is managed by the merchant you work for. Based on the merchant's commitment to the legality of the source of such personal data, we make such data collection for matching purpose with the merchants in order to provide you with corresponding product functions and protect your rights and interests.
4 Automated Decision Making
The Services will not involve the scenario of automated decision making as of now.
III. How We Protect the Personal Data of Minors
We do not collect personal data from minors (merchants are responsible for verifying the identity of minors). We attach great importance to the protection of minors' personal data, and if we become aware that certain personal data of a minor has been collected incorrectly, we will take instantaneous and reasonable steps to delete such data to the greatest operable extend. As a data subject, parent or other legitimate subject, you can also request to delete the data of such minors by contacting the merchant administrator by sending an email to support.privacy@dmall.com .
IV. How We Share Your Personal Data
In order to realize the functions of the Services, we may provide your personal data to other personal data processors, mainly including:
1. Third-party service providers: We employ other companies to perform functions on our behalf. Examples include providing location service and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes.
2. Third-party software tool development kit (SDK): In order to provide better services, we use third-party SDKs. These third-party SDKs may collect your personal data while providing you with more comprehensive services. We adopt necessary technical measures to evaluate and control the collection and use of your personal data by these third-party SDKs to ensure that your personal data is effectively protected. We conduct strict security checks on SDKs and require our partners to take strict measures to protect your personal data. When new service requirements and changes in business functions related to the SDKs we utilize, we may modify the access authority of certain third-party SDKs, and promptly inform you the latest situation of accessing third-party SDKs in this Privacy Policy. Please note that the third-party SDKs may have some changes in the data type for their collection due to version upgrades, policy adjustments, etc. Please refer to the official instructions published by the third-party SDKs. For the names and types of third-party SDKs, the types of personal data collected, the purposes of collection, and links to the privacy policies of third parties, please see the list of third-party SDKs below.
SDK Purpose of Using SDK Data Collected by SDK SDK Provider SDK Provider Privacy Policy Link
Getui SDK We use the SDK of "Getui" with the function of "push ". The used permissions are "storage permissions, read device information, read network status, read Wi-Fi status, and hover window permissions". The user data obtained is "personal commonly used device information". Personal commonly used device information is sensitive data. Network identity information, Personal location information Getui https://www.getui.com/privacy
Huawei scanning SDK We use Huawei scanning SDK with the function of "barcode identification & QR code identification". Network identity information Huawei https://consumei.huawei.com/cn/privacy/privacy-policy/
Google Maps We use the location function to provide you with store location display and delivery address services. Personal location information Google https://policies.google.com/privacy?gl=CN&hl=zh-CN
In addition to the above, if we provide your personal data to other personal data processors, we will inform you of the recipient’s name or full name, contact information, purpose of processing, and manner of processing.
V. How to Exercise Your Personal Data Subject Rights
1. The right to be informed
You have the right to clearly understand and be informed of how we process your personal data, the types of personal data we process, the purposes for processing such personal data, and the information about the third parties to which your personal data is shared with. In this Privacy Policy, we have a detailed explanation of the processing of your personal data. If you have any questions, please send an email to support.privacy@dmall.com to contact the merchant administrator to further assist you.
2. The right to access your personal data
You have the right to access your account to view your personal data at any time through the websites or Apps. If you wish to access your other personal data, or encounter difficulties while exercising the aforementioned rights, you can send an email to support.privacy@dmall.com to contact the merchant administrator. The merchant administrator will respond to your request in time after confirmation of your identity.
3. The right to rectification
You have the right to ask us to rectify any incomplete or inaccurate personal data we hold about you. However, in any case, you need to ensure the authenticity and accuracy of the data you provide. If any loss is incurred due to the incorrect, inaccurate, or incomplete data provided, you need to assume responsibility for this.
If you wish to rectify your other personal data, or encounter difficulties while exercising the aforementioned rights, you can send an email to support.privacy@dmall.com to contact the merchant administrator. The merchant administrator will respond to your request in time after confirmation of your identity.
4. The right to erasure
You have the right to ask us to delete your personal data in the following cases.
(1) Our processing of your personal data violates laws or regulations;
(2) Our processing of your personal data seriously violates our agreement with you;
(3) We stop providing the Services, or the retention period of personal data has expired.
(4) Your exercise of your right to object the processing of personal data.
(5) There are no other legitimate ground for not deleting your persona data as listed in GDPR Article 17 (3).
You can send an email to support.privacy@dmall.com to contact the merchant administrator. The merchant administrator will respond to your request in time after confirmation of your identity.
5. The right to restriction of processing
In the following cases, you have the right to ask us to limit (stop any active) processing of your personal data in certain circumstances. If you have encountered any of the following situations, you can send an email to support.privacy@dmall.com to contact the merchant administrator. The merchant administrator will respond to your request in time after confirmation of your identity.
(1) The personal data we collect about you is inaccurate, and you provide us permission and certain period to verify its accuracy;
(2) You believe the processing of your personal data is unlawful, but you request to restrict the use of your personal data instead of requesting its erasure;
(3) We no longer need the personal data for the purposes of the processing, but you need the personal data in order to exercise or defend your legal rights;
(4) You have objected to the processing of your personal data based on legitimate interests and are evaluating the legal basis you proposed.
6. The right to object to processing
You have the right to object to the processing of your personal data based on your legitimate interests. Unless we can prove that there are legitimate reasons, we will no longer process your personal data.
7. The right to information portability
You have the right to copy or ask to transfer your personal data. You can send an email to support.privacy@dmall.com to contact the merchant administrator. Where technically feasible, you have right to have your personal data transferred directly from one controller to another. If your request meets the conditions specified by applicable laws and regulations, we will provide the means of transfer.
8. The right that are not fully affected by automated decisions
The Services will not involve the scenario of automated decision making as of now.
9. Responding to Your Request
When you send email to support.privacy@dmall.com to contact the merchant administrator, and request to exercise our data subject rights stated in Articles 5.1 - 5.8 of this Privacy Policy, we may ask you to submit relevant proof to verify your identity before processing your request for safety reasons. Once we have verified the legitimacy and identity of your request, we will complete the necessary processing within one month after receiving the confirmation from the merchant administrator.
VI. How We Protect Your Personal Data
To address potential risks, such as personal data breaches, damages, and losses, we have developed emergency operating procedures for security incidents and implemented security measures in the areas of data security, network security, infrastructure security, and security operations and maintenance to ensure the safety of personal data.
In the event of a personal data security incident, we will promptly inform you in accordance with the requirements of laws and regulations. When it is difficult to notify each data subject, we will issue a public announcement in a reasonable and effective manner. Meanwhile, we will also proactively report the handling of data security incidents in accordance with regulatory requirements.
If you have any questions about our personal data protection, if you believe your personal data has been compromised, please send emails to support.privacy@dmall.com to contact us. After verifying your identity, we will respond to your inquiry within one month or within the time limit required by laws and regulations.
VII. How We Store Your Personal Data
Personal data collected and generated by us in Europe are stored on servers in Europe. We may remotely access relevant data from users for the purposes of improving user experience, optimizing risk control, improving management efficiency, etc. In such cases, we will take reasonable measures according to law and regulations to ensure that your personal data is protected, including but not limited to encryption and access control of your personal data. Meanwhile, we will obtain your separate consent (when necessary), complete the necessary security assessments (when required) by applicable laws and regulations, or fulfill other data management responsibilities as required by laws and regulations.
Your personal data will be stored within a reasonable time period required to achieve the purposes stated in this Privacy Policy (unless longer retention periods are required by applicable laws). Generally, this means that we will keep your personal data as long as you have an account on our Apps.
VIII. Whether Your data will be Transmitted to a Third Country
We will not transmit your personal data outside the EU/EEA. However, in exceptional circumstances where such a transfer is necessary, we will assess the legality of the specific transfer. We will promptly notify you and obtain your explicit consent before any such transfer takes place, in compliance with applicable laws. Regarding data transfers to such recipients outside the EU/EEA, we provide appropriate security measures, in particular by signing data transfer agreements that include Standard Contractual Clauses adopted by the EU Commission and the recipients, or by taking other measures to ensure an adequate level of data protection.
IX. How Do We Use Cookies and Similar Technologies
In order to optimize the functionality of our website and enhance your browsing experience, we may store small data files known as Cookies on your device or system. Cookies enable us to remember your information for future visits to our website, streamline the process of filling in your personal data (e.g., one-click login, etc.), customize preferences for secure shopping, enhance your selection and interaction with advertisements, safeguard the security of your data, and provide additional benefits. You can refer to the Cookie Notice to know the Cookies we use and the purpose for which they are used. We do not use Cookies for any purpose other than those described in the Cookie Notice. You can manage or delete Cookies according to your preferences. You can clear all Cookies saved on your computer, and most web browsers have a feature to block Cookies. However, if you do so, you will need to change your user settings yourself each time you visit us, but you may not be able to log in or use the services or functions we provide that rely on Cookies because of such modifications. You can limit our use of Cookies by changing your browser settings.
X. Changes to Our Privacy Policy
We may update this Privacy Policy from time to time. If we decide to update our Privacy Policy, we will post the changes on our official website and Apps, and such changes will form part of this Privacy Policy. If we materially change the way in which we process your personal data, we will prompt you via pop-up or other clear and conspicuous forms and request your consent prior to implementing such changes. Without your consent, we will not reduce your rights under this policy.
Please carefully read the amended Privacy Policy. If you do not agree to this Privacy Policy or have any objection to the modified or updated content, you may choose to stop using the Services by contacting the administrator who registered your account. Please be aware that any actions and activities before the termination of using the Services are still subject to this Privacy Policy. We strongly recommend that you read our Privacy Policy and stay informed of our practices.
Starting from the effective date that this Privacy Policy is amended, your purchase and use of the Services provided by us, as well as your access to, browsing and use of our official website, Apps, and other online services shall be deemed as your full understanding and full consent to the revised Privacy Policy.
If major and substantial changes are involved, we will notify you in a noticeable manner based on the specific circumstances. The circumstances of major and substantial changes include but are not limited to:
(1) There are major changes to our service model. For example, the purpose of processing personal data, the type of personal data processed, the method of use of personal data, etc.;
(2) We have undergone major changes in the ownership structure, organizational structure, and other aspects. For example, changes in owners due to business adjustments, bankruptcy and mergers and acquisitions;
(3) Changes in the main objects of personal data sharing, transfer, or public disclosure;
(4) Significant changes in your rights and the manner in which you exercise your participation in personal data processing;
(5) When the department responsible for handling personal data security, contact information and complaint channels is changed;
(6) When the DPIA report indicates a high risk.
XI. Contact Us
We welcome questions, opinions and concerns about our Privacy Policy and privacy practices. If you wish to provide feedback, have questions or concerns, or wish to exercise your rights with respect to your personal data, please contact us by the following method: (i) “Contact Us” section of our website or App; (ii) send an email to support.privacy@dmall.com , and we will complete the review and processing within one month after receiving your comments and suggestions. If we are unable to respond to your request, we will send you a notice and explain the reason.
If you contact us regarding privacy complaints, we will assess them in order to promptly and effectively resolve the issues. If you are not satisfied with the response you receive, you may file a complaint with the relevant regulatory authority.