Participants in the GivingIsGold Programme are required to comply with this policy.
Expressions defined in the GivingIsGold Programme - Terms & Conditions of Participation have the same meaning in this policy.
2. Participants’ Obligations
2.1 Participants are reminded that each Participant is participating in the GivingIsGold Programme on a charitable basis. Accordingly, when participating in the GivingIsGold Programme, Participants must be courteous and polite in their dealings with one another. This includes being courteous and polite in all communication as well as being punctual when collecting or delivering Items.
2.2 It is Participant’s responsibility to ensure that the collection or delivery of Items is carried out legally and safely.
3. Specific obligations for GivingIsGold Charities
3.1 When requesting that an Item be listed on the Donation List, GivingIsGold Charities must ensure that:-
they have a recipient who genuinely needs that Item now and to their knowledge will not attempt to resell that Item, or it is an Item that will enable the GivingIsGold Charities to enhance the service they provide to the recipients;
they are asking for an Item that is needed;
the Item is not already listed on the DonationList, unless the listed Item is not in close proximity or the delivery method is not reasonably achievable for the GivingIsGold Charities (i.e. the GivingIsGold Charities require delivery when the listed Item requires pick up);
they have the means to safely collect the Item if they indicate they can do so; and
they have the means to safely store the Item until it is collected or delivered to the recipient.
3.2 GivingIsGold Charities must test and tag any electrical equipment donated via the GivingIsGold Portal before providing it to the recipient.
3.3 GivingIsGold Charities must assess the suitability of any Item for an intended recipient, including whether the Item is safe.
3.4 GivingIsGold Charities must not request that donated Items be delivered directly to the recipient. The purpose of this is to protect the anonymity and safety of both the recipient and the Donor, and to preserve the dignity of the recipient.
3.5 GivingIsGold Charities who request a service on behalf of a recipient must:
ensure a safe environment and/or workspace for the service provider and the recipient;
be satisfied that the service provider is suitably qualified, and in all other respects, fit to provide the service; and
if required and necessary in the circumstances, obtain the recipient's consent to disclose any personal information of the recipient in order for the service to be provided to them.
Terms & Conditions
GivingIsGold is established by Goldis Berhad (515802-U), Suite 28-03, Level 28, GTower, 199, Jalan Tun Razak, 50400 Kuala Lumpur.These terms and conditions apply if you wish to participate in the GivingIsGold Programme. If you do not accept these terms and conditions, then we ask you to refrain from participating in theGivingIsGold Programme.
A few definitions:
a. GivingIsGold Charity or Charities means person(s) of charity(ies), foundation(s) and non government and government organization(s) and groups approved by Goldis Berhad in the Charity List that provide services to underprivileged or people in need;
b. Charity List means the list of charities selected and registered with GivingIsGold Programme;
c. Donor or Donors means person(s) over the age of 18 or a body(ies) corporate willing to donate an Item;
d. Donation List means the list of Items requested by GivingIsGold Charities;
e. GivingIsGold Portal means the Donation List or any other donation platform or services provided on our web site;
f. GivingIsGold Programme means the programme whereby Donors donate and GivingIsGold Charities request and select Items using the GivingIsGold Portal;
g. Items mean the goods and services on the Donation List; and
h. Participant means Donors and GivingIsGold Charities.
2. Amendments to terms and conditions
GivingIsGold reserves the right to vary, amend, alter, add to or remove these terms and conditions from time to time. Please ensure that you review our terms and conditions each time you use GivingIsGold Portal. Your continued participation in the GivingIsGold Programme following such notification will represent acknowledgment by you to comply with these terms and conditions as amended.
3. How the GivingIsGold Programme works
The GivingIsGold Programme is designed to connect Donors and GivingIsGold Charities. There is no agency, partnership, joint venture or employment relationship intended or created by or arising out of theGivingIsGold Programme. We do not represent or act for either Donors or GivingIsGold Charities nor do we endorse any Donors or GivingIsGold Charities. We merely act as a passive conduit for the publication of information about goods and services put up or requested for donation. We do not assist with the collection or delivery of Items nor do we provide storage facilities for any Item. As a result, the collection or delivery of Items is the responsibility of Participants. It is the responsibility of Participants to exercise caution and practice safe behaviour when participating in theGivingIsGold Programme.
4. Must be registered
To participate in theGivingIsGold Programme, GivingIsGold Charities and Donors must be registered and irrevocably consent to the terms and conditions in our Participation Policy and Privacy Statement. GivingIsGold reserves the right to refuse, suspend or end your registration and/ or participation at its sole discretion. While registration is free, it is non-transferrable. We ask that you keep your registration details up to date and that you do not share your registration particulars with any other person (i.e. your log-in details including your password).
As a Participant in theGivingIsGold Programme, you agree to comply with the following:
a. our Participation Policy;
b. our Privacy Statement;
c. any applicable regulations and laws relevant to your participation including food standards, workplace health and safety, environmental and any approvals or permissions as required;
d. if you are a Donor, you must only donate Items that you own;
e. if you are a Donor and you are donating an Item that is a service you must ensure that you or those persons carrying out the service are adequately qualified to do so;
fi. if you are a Donor, you will commit to deliver any Item you have pledged or donated via the Donation List within14 days;
fii. if you are a Donor, you will commit to retain any Item you have pledged or donated via the Donation List for a minimum of 14 days;
g. you agree not to impersonate any other person while participating in the GivingIsGold Programme;
h. you will not engage in any unsolicited advertising or provide promotional materials in the course of participating in theGivingIsGold Programme;
i. you will only use the GivingIsGold Portal for charitable purposes;
j. you will report any inappropriate behaviour by other Participants to us, including offensive, inconsiderate, intimidating or aggressive behaviour or donated items which have been misrepresented or are intentionally misleading;
k. if you are a GivingIsGold Charity you will respond to any Donor orGivingIsGold communication within a reasonable time. If a Donor has a bad experience while participating in the GivingIsGold Programme it may deter them from any future participation in the GivingIsGold Programme;
l. if you are a GivingIsGold Charity, unless the Donor has otherwise given their express written consent, you will not use any of the personal information of a Donor obtained while participating in the GivingIsGold Programme for any other purpose other than to arrange for the collection or delivery of an Item. For the avoidance of doubt, this includes storing a Donor's personal information in a database for the purposes of using it to solicit further support or donations from the Donor;
m. you must not, at any time, hold yourself or organisation out as being an agent, a representative or an affiliate of GivingIsGold;
n. if you are a GivingIsGold Charity you will inform GivingIsGold immediately if there is any change to your working arrangements or contact information, or if you cease to represent or be employed by the charity, foundation or non government organisation you acted for while participating in theGivingIsGold Programme;
o. if you are a GivingIsGold Charity you will not request Items which are on the Prohibited List;
p. if you are a Donor, you will not donate Items that:
are on the Prohibited List;
you know to be unsafe;
are not in a reasonable condition;
are not fit for the purpose that they are intended to be used; and
you do not own;
q. Donors will not include or add any other Item(s) which were not part of their original donation or originally requested by the GivingIsGold Charity on the Donation List without our express written consent;
r. if you are a Donor, you acknowledge that if on inspection of a donated item, the GivingIsGold Charity does not deem it suitable for their intended recipient, they are under no obligation to collect or take delivery of the Item;
s. your participation is not for an improper purpose nor is your participation in the GivingIsGold Programme illegal or prohibited by laws which apply to you;
t. the GivingIsGold Portal may not be available at all times or at any specific time(s);
u. we do not undertake to retain records of specific donations made;
v. if you download any material from the GivingIsGold Portal, we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any material on the GivingIsGold Portal;
w. you may not use our trade mark or represent that you are affiliated with GivingIsGold without our express written consent; and
x. we may withdraw any Items that Donors pledge to the Donation List or any requests GivingIsGold Charities add to the Donation List at any time, at our sole discretion. We are under no obligation to notify Participants if we withdraw an Item or a request.
6. No liability, representations or warranties
a. You agree that we, our holding companies, subsidiaries, affiliates, Goldis Berhad’s shareholders, directors, officers, employees, agents and representatives will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of Items donated using the GivingIsGold Portal or in respect of a failure or omission on the part of another Participant to carry out and/or complete a donation.
b. You release us, our holding companies, subsidiaries, affiliates, Goldis Berhad’s shareholders, directors, officers, employees, agents and representativesagainst all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these terms and conditions or a failure by a Participant to carry out and/or complete a donation or satisfy the requirements of a donation.
c. You acknowledge that no representation is made as to the ownership of title in Items or their suitability, quality or safety nor warrant any representations made by the Participants including their ability to complete a donation caused by theGivingIsGold Programme.
d. You acknowledge that we merely act as a passive conduit for the publication of information about goods and services put up for or requested for donation. GivingIsGold shall have no responsibility and liability for any loss, damage or injury suffered by the Charities in the event the goods and/or services requested by the Charities in the Donation List are not fulfilled, satisfied or supplied.
e. Our website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that we are not responsible for the content or privacy practices associated with linked websites. Our links to other websites shallnot be construed as an endorsement, approval or recommendation or create or impose any obligation or commitment on or by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
f. Our website merely publishesinformation about goods and services put up for or requested for donation, if you are interested in finding out more about the charities, you may subject to the terms in Clause 6(e) click on the links referred to in the respective GivingIsGold Charities profile. We do not collect, accept, retain, receive or promote cash donation or any money-in-kind on behalf of GivingIsGold Charities nor we are associated with them.
7. Governing law
These terms and conditions are governed by the laws in force in Malaysia.
The Prohibited List
We seek essential items for people in need.
GivingIsGold will always exercise judgment in allowing or prohibiting certain listings (including requests and Items listed in Donation List). GivingIsGold has the right to refuse any requests or Items being donated via the GivingIsGold Programme.
The following Items must not be requested or donated via theGivingIsGold Programme:
• Bills and debts
• Digital downloads
• Drugs of any kind (including prescribed or over the counter), drug-like substances and drug paraphernalia
• Gift cards that can be exchanged for alcohol or cigarettes
• Government documents
• Hazardous or restricted items
• Human parts
• Illicit, inappropriate or pornographic material (in books, videos etc)
• Lost or stolen property
• Any electrical equipment with removed serial numbers and/ or without a manual (unless with GivingIsGold's express written consent)
• Lottery tickets
• Medical devices and equipment
• Recalled items
• Any item which does not comply with the current standards applicable in Malaysia
• The Privacy Statement applies to the collection, storage, use and dissemination by us of your personal information.
• Access to our website (hereinafter defined as “the Site”) is conditional on your acceptance of the terms of this Privacy Statement.
• Although we will comply with this Privacy Statement in respect of information provided to us by persons under the age of 18 years, those persons must obtain the consent of a parent or guardian prior to using the Site and the parent or guardian will be responsible for appropriately supervising the person's use of the Site.
1. GivingIsGold Donors and supporters.
GivingIsGold is committed to protecting the privacy and confidentiality of our Donors.
Privacy and our Supporters
We never rent, sell, lend or give away ourGivingIsGold list recipients' personal information or any other personal information collected from any of our activities. We only collect personal information that is necessary for our work. The information we collect may include your name, address, email address, telephone number and any communications you have with us.
How do we Use Your Personal Information?
The information we collect is used to:
(a) process donations and registrations
(b) facilitate a delivery or pick up of an item that you have donated
(c) respond to your comments or questions
(d) provide follow up information about GivingIsGold's work or your donated item
(e) to enhance your use of and/or improve the website
(f) to allow the functions and services offered on the website to be provided to you;
(g) research the GivingIsGold community’s attitudes
(h) seek your ongoing support, or
(i) for internal reporting purposes.
We do pass on limited personal information of GivingIsGold Donors to theGivingIsGold Charities who has selected the donated item. The GivingIsGold Charities must only use that information for the limited purpose of facility pick up/delivery of the item.
Other than mentioned in the paragraph above, we do not pass onGivingIsGold Donor and/or supporters' names or personal information to any other third parties (unless required by law), or publish them on our website without explicit Donor permission (unless required by law).
2. GivingIsGold Charities and the recipient
Protecting the privacy and confidentiality of the people we help is critical in preserving dignity and providing respectful and safe assistance. Protecting the privacy and confidentiality of the employees, and agents of the GivingIsGold Charities who serve those people is also essential. In some cases the organisations supported by GivingIsGold will not wish for their details to be disclosed- in which case, this information shall also be protected.
How do we Use Your Personal Information?
GivingIsGold Charities personal information is collected and used by GivingIsGold, only with the Participant’ consent, in order to provide the best possible assistance and:
(a) To assess if you, and the organisation you represent, meet GivingIsGold eligibility criteria for registering as a GivingIsGold Charity;
(b) For the purposes of facilitating a pick up or delivery of an item that has been donated - in which case limited information is provided only to the GivingIsGold Donor;
(c) to enhance your use of and/or improve the website;
(d) to allow the functions and services offered on the website to be provided to you;
(e) For internal reporting purposes;
(f) To continuously develop and improve GivingIsGold services;
(g) To assess the effectiveness of GivingIsGold services; and
(h) To assess the need in the GivingIsGold community and communities into whichGivingIsGold may expand
GivingIsGold Charities information is never disclosed to other organisations or individuals without the Charities’ consent (and if appropriate the consent of the organisation they are representing), unless we are required to do so by law.
Any personal information thatGivingIsGold may collect in relation to a GivingIsGold Charities’recipient shall not be disclosed without their express consent.
When you visit the website the server may attach a "cookie" to your computer's memory. A "cookie" assists us to store information on how visitors to the website use it and the pages that may be of most interest. This information may be used to make assumptions about who uses your computer and to provide users of your computer with information that we think may interest the users of your computer. However, this information is not linked to any personal information you may provide and cannot be used to identify you. You should be able to configure your computer so that it disables "cookies" or does not accept them.
4. Use and disclosure of information
We will not disclose information that personally identifies you to any third party other than as set out in this Privacy Statement in respect of which you have provide the information to us.
We may provide certain information about you including your personal information to our related bodies corporate.
5. Accuracy of your information
All reasonable steps are taken by us to ensure that your personal information held by us is accurate, complete and up to date.
6. Third Parties and your information
We will only collect, store, use or disseminate information that personally identifies you as set out in this Privacy Statement unless we are required to protect our rights or property (or those of any third party), or to avoid injury to any person, by law. Although the GivingIsGold website may link directly to websites operated by third parties (Linked Sites), you acknowledge that Linked Sites are not operated by us. We encourage you to always read the applicable privacy statement of any Linked Site on entering the Linked Site. We are not responsible for the content or practices of the Linked Sites nor their privacy policies regarding the collection, storage, use and dissemination of your personal information.
7. Your consent
By your use of the website or your participation in any service or promotion you consent to the collection, storage, use and dissemination of your personal information in accordance with this Privacy Statement and as otherwise permitted under the Privacy Act.
8. Storage and security
We will use all reasonable endeavours to keep your personal information in a secure environment, however, this security cannot be guaranteed due to the nature of the internet. These measures are designed to assist in your personal information not being accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been an unauthorised use or disclosure of your personal information, please contact us (see item 10 below).
9. Variation and consent to variation
We may at any time vary the terms of this Privacy Statement. You should check this Privacy Statement regularly so that you are aware of any variations made to this Privacy Statement. You will be deemed to have consented to such variations by your continued use of the website following such changes being made.
10. Contacting us
If you wish to access your personal information, have a complaint or if you believe your privacy has been breached, or wish to update your details, please contact us:-
(a) by post addressed to GivingIsGold, Suite 28-03, Level 28, GTower, 199 Jalan Tun Razak, 50400 Kuala Lumpur; or
(b) by email to info@GivingIsGold.org.