1. Introduction

At The Gourmand, we believe thoughtful choices build lasting relationships. Just as we carefully curate every product on our shelves, we are equally thoughtful about how we collect, use and protect your Personal Data.

This Privacy Policy explains how TMC (THE MERCHANT CONNECTION) SDN. BHD. (“The Gourmand”, “we”, “us” or “our”) collects, uses, discloses and protects your Personal Data when you visit our stores, use The Gourmand mobile application (“App”), participate in The Gourmand Circle membership programme (“Programme”), or interact with us through our services.

We are committed to protecting your Personal Data in accordance with the Personal Data Protection Act 2010 of Malaysia, as amended by the Personal Data Protection (Amendment) Act 2024 (“PDPA”) and applicable data protection requirements.

By providing your Personal Data to us, you acknowledge that you have read and understood this Privacy Policy and consent to the collection, use and processing of your Personal Data as described in this Policy.

If you do not agree with this Privacy Policy, please do not provide your Personal Data to us or use our services. Please note that certain services, including membership benefits and rewards, may not be available without the necessary Personal Data.

2. Who We Are

The entity responsible for collecting and processing your Personal Data is:

TMC (THE MERCHANT CONNECTION) SDN. BHD.
 Trading as The Gourmand

Registered Address:

E-G-22, 23, 24, Ground Floor, Gala Street Mall, Gala City, Jalan Tun Jugah, Kempas Heights, Kuching, Malaysia

Customer Service Email:
 customerservice@themerchantconnection.co

Customer Service Phone:
 +60 10-667 3225

For enquiries regarding your Personal Data or this Privacy Policy, please contact: customerservice@themerchantconnection.co

3. Personal Data We Collect

Personal Data refers to information that identifies you or can reasonably be used to identify you.

Depending on how you interact with us, we may collect the following categories of Personal Data.

3.1 Membership and Account Information

When you register for The Gourmand Circle, we may collect:

  • Full name

  • Mobile number

  • Email address

  • Password information

  • Verification information, including OTP verification

  • Date of birth

  • Gender 

  • Address 

This information helps us better understand our customer community and provide more relevant recommendations, experiences, seasonal offerings and promotions.

You are not required to provide optional information, and your decision not to do so will not affect your membership.

3.2 Shopping and Membership Information

When you shop with us or participate in The Gourmand Circle, we may collect:

  • Purchase history

  • Transaction records

  • Digital receipts

  • Points earned and redeemed

  • Rewards claimed

  • Member offers used

  • Membership status and activity

  • Product preferences and shopping behaviour

This information allows us to manage your membership, provide rewards, improve our services and create a more personalised shopping experience.

3.3 Device and App Information

When you use The Gourmand App, we may collect certain technical information to help us operate, maintain and improve our services, including:

  • Device model

  • Operating system

  • Crash and error reports

  • Push notification token (to deliver notifications you have chosen to receive)

  • Location information, where you have granted permission through your device settings

If our data collection practices change, we will update this Privacy Policy accordingly.

4. How We Collect Your Personal Data

We may collect your Personal Data when you:

  • Register for The Gourmand Circle

  • Create or update your account

  • Shop at our stores

  • Use our App or digital platforms

  • Participate in promotions, campaigns, events or experiences

  • Contact our customer service team

  • Provide feedback or respond to surveys

  • Communicate with us through email, WhatsApp, SMS or other channels

5. How We Use Your Personal Data

We collect, use and process your Personal Data for the following purposes:

5.1 Managing The Gourmand Circle

Including:

  • Creating and managing your membership account

  • Transitioning existing members from previous membership arrangements into the digital Programme

  • Managing Pantry and Reserve membership status

  • Tracking points and rewards

  • Processing reward redemptions

  • Providing member-only prices and benefits

5.2 Improving Your Shopping Experience

Including:

  • Understanding customer preferences and shopping behaviour

  • Improving product selection and services

  • Developing new products, experiences and events

  • Providing personalised product recommendations, member offers and curated experiences based on your shopping preferences.

  • Conducting research, analytics, and service improvement initiatives.

5.3 Customer Service and Communications

Including:

  • Responding to enquiries and requests

  • Providing account-related updates

  • Informing you of changes to our services

  • Supporting your membership experience

5.4 Marketing and Promotions

Where you have provided separate consent, we may send you:

  • Product updates

  • Promotions and offers

  • Events and experiences

  • New product launches

  • Exclusive member communications

Marketing communications may be sent through:

  • Email

  • SMS

  • WhatsApp

  • Push notifications

You may withdraw your marketing consent at any time by contacting us or using available unsubscribe options.

Withdrawing marketing consent will not affect your membership or access to services that do not require marketing communications.

5.5 Security and Legal Compliance

We may process Personal Data to:

  • Detect and prevent fraud or unlawful activities

  • Protect our rights, property and customers

  • Maintain business records

  • Comply with legal and regulatory obligations

  • Respond to lawful requests from authorities

6. The Gourmand Circle Membership

The Gourmand Circle is our digital membership programme designed to make every visit more rewarding.

6.1 Pantry Membership

Pantry is our complimentary membership tier.

Pantry members may enjoy:

  • Member-only prices

  • Points earning opportunities

  • Rewards redemption

  • Birthday benefits

  • Other privileges introduced from time to time

6.2 Reserve Membership

Reserve is our elevated membership experience for customers who regularly shop with The Gourmand.

Customers may qualify for Reserve based on an annual spend threshold of RM8,888.

Reserve members may enjoy:

  • Additional member prices on premium products

  • Enhanced rewards

  • Exclusive events

  • Product launches

  • Tastings and curated experiences

  • Special gifts and privileges

6.3 Existing Members

Existing members of The Gourmand's previous membership programme who transition to The Gourmand Circle will receive complimentary Reserve membership for one year from the date their new membership is activated. 

Following this period, Reserve eligibility will be subject to the applicable qualification criteria.

7. Disclosure of Personal Data

We do not sell your Personal Data.

We may disclose your Personal Data to trusted third parties where necessary to provide our services, operate our business, or fulfil the purposes described in this Privacy Policy.

These parties may include:

  • Technology service providers

  • App development and maintenance providers

  • Cloud hosting and data storage providers

  • Payment and transaction service providers

  • Marketing and communication partners

  • Event partners and organisers

  • Professional advisers

  • Government authorities or regulatory bodies where required by law

We require our service providers to protect your Personal Data and only process it for authorised purposes.

A list of our current data processors may be obtained by contacting us using the details in Section 16.

8. Storage and Transfer of Personal Data

Your Personal Data may be stored and processed through systems operated by us or our authorised service providers.

Where required for business operations, your Personal Data may be transferred, stored or processed outside Malaysia.

Where this occurs, we will take reasonable steps to ensure that appropriate safeguards are in place and that your Personal Data continues to receive a level of protection comparable to that required under applicable data protection laws.

9. Security and Data Breach Notification

We take reasonable steps to protect your Personal Data against unauthorised access, disclosure, alteration, loss or misuse.

These measures may include:

  • Access controls

  • Secure systems and networks

  • Limiting access to authorised personnel

  • Confidentiality obligations

  • Appropriate technical and organisational safeguards

While we take reasonable precautions, no method of electronic storage or transmission is completely secure.

If we become aware of a Personal Data breach that is likely to cause significant harm, we will take appropriate steps to notify the relevant authorities and affected individuals where required under applicable law.

10. Events, Photography and Marketing Content

From time to time, The Gourmand may organise events, tastings, launches and community experiences.

Photographs, videos or recordings may be taken during these events.

By attending our events, you acknowledge that photographs or videos may be taken for The Gourmand's marketing and communications purposes, including:

  • Social media

  • Website content

  • Promotional materials

  • Brand communications

Where appropriate, additional consent may be obtained.

11. Cookies and App Technologies

Our website and App may use cookies and similar technologies to improve functionality, remember your preferences, and better understand how our digital services are used.

Depending on how you interact with our website or App, these technologies may collect technical information such as browser type, device information and user preferences.

You may manage cookie settings through your browser or device settings. Disabling certain cookies may affect the functionality of some services.

12. Children’s Privacy

The Gourmand Circle is intended for individuals aged 18 and above. Registration requires confirmation that you are 18 or older, and we do not knowingly collect Personal Data from anyone under 18.

If we become aware that an account has been registered by someone under 18, we will suspend the account and delete the associated Personal Data. Parents or guardians who believe a minor has registered without authorisation may contact us for assistance.

13. Retention of Personal Data

We retain Personal Data only for as long as necessary to:

  • Provide our services

  • Maintain membership records

  • Fulfil business purposes

  • Comply with legal and regulatory obligations

  • Resolve disputes

  • Enforce agreements

Where your membership account has remained inactive for 24 months, we will delete or anonymise your Personal Data in accordance with our retention practices.

Transaction records may be retained for longer periods where required for accounting, tax or legal purposes.

When Personal Data is no longer required, we will take reasonable steps to securely delete or anonymise it.

14. Access, Correction and Withdrawal of Consent

You may request to:

  • Access your Personal Data

  • Correct inaccurate or incomplete Personal Data

  • Withdraw consent for certain processing activities

  • Withdraw marketing communications

  • Request a copy of your Personal Data in a commonly used, machine-readable format, for transfer to another data controller 

Requests may be submitted using the contact details provided in this Privacy Policy.

If you are dissatisfied with how we handle your Personal Data, you may contact us using the details in Section 16. You also have the right to lodge a complaint with the Personal Data Protection Commissioner of Malaysia.

15. Updates to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our services, practices or legal requirements.

Any updates will be published through our website, App or other appropriate channels.

We encourage you to review this Privacy Policy periodically.

16. Contact Us

If you have any questions, concerns or requests regarding this Privacy Policy or your Personal Data, please contact:

The Gourmand
 TMC (THE MERCHANT CONNECTION) SDN. BHD.

Email:
 customerservice@themerchantconnection.co

Phone:
 +60 10-667 3225

Address:
 E-G-22, 23, 24, Ground Floor, Gala Street Mall, Gala City, Jalan Tun Jugah, Kempas Heights, Kuching, Malaysia


1. Introduction and Acceptance

These Terms & Conditions ("Terms") govern participation in The Gourmand Circle membership programme ("Programme", "Circle"), operated by TMC (The Merchant Connection) Sdn. Bhd., trading as The Gourmand ("The Gourmand", "we", "us", "our"), registered at E-G-22, 23, 24, Ground Floor, Gala Street Mall, Gala City, Jalan Tun Jugah, Kempas Heights, Kuching, Malaysia.

By registering for the Programme, using The Gourmand mobile application ("App"), or otherwise participating in Circle benefits, you ("Member", "you") agree to be bound by these Terms, together with our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not register for or use the Programme.

We may amend these Terms from time to time in accordance with Section 12. Continued participation in the Programme after changes take effect constitutes acceptance of the updated Terms.

2. Eligibility

  • You must be at least 18 years of age to register for The Gourmand Circle.

  • You must provide accurate, current and complete information during registration and keep it up to date.

  • Each individual may hold only one Circle membership account. Corporate, joint or shared accounts are not permitted.

  • The Gourmand reserves the right to verify eligibility and to decline or revoke registration where these criteria are not met.

If we become aware that an account has been registered by someone under 18, the account will be suspended and the associated Personal Data deleted, consistent with our Privacy Policy.

3. Membership Tiers

3.1 Pantry Membership
 Pantry is our complimentary entry-level membership tier, open to all eligible Members upon registration. Pantry benefits may include member-only prices, points earned on qualifying purchases, rewards redemption, birthday benefits, and other privileges introduced from time to time at our discretion.

3.2 Reserve Membership
 Reserve is our elevated membership tier. Members qualify for Reserve status upon reaching an annual spend threshold of RM8,888, calculated over a rolling 12-month period unless otherwise stated at the time. Reserve benefits may include additional member prices on premium products, enhanced rewards, invitations to exclusive events, product launches, tastings and curated experiences, and special gifts and privileges.

Reserve status is reviewed periodically. Where a Member's qualifying spend in the relevant period falls below the threshold, The Gourmand reserves the right to revert that Member to Pantry status, with reasonable notice provided in advance.

3.3 Existing Members
 Members transitioning from The Gourmand's previous membership programme into the Circle will receive complimentary Reserve membership for one year from the date their new Circle membership is activated. Following this period, continued Reserve eligibility is subject to the qualification criteria in Section 3.2.

3.4 Changes to Tiers and Benefits
 The Gourmand may introduce, modify, suspend or discontinue membership tiers, benefits, qualification thresholds or privileges at any time, at our sole discretion, with reasonable notice to affected Members where practicable.

4. Points, Rewards and Redemption

  • Points are earned on qualifying purchases at participating Gourmand stores and through the App, at rates determined by The Gourmand and subject to change.

  • Points have no cash value, are non-transferable, cannot be sold or exchanged for cash, and may not be combined between separate Member accounts.

  • Points and rewards are subject to any expiry periods, minimum redemption thresholds or usage restrictions communicated at the time of issue or in the App.

  • The Gourmand reserves the right to correct points balances in the event of system error, and to withhold or reclaim points obtained through fraud, abuse or breach of these Terms.

  • Rewards, offers and promotions are subject to availability and may carry their own specific terms, which will be made available at the time.

  • Upon account closure, suspension for cause, or extended inactivity as described in Section 8, any unredeemed points and rewards may be forfeited.

5. Member Conduct and Programme Integrity

Members agree to use the Programme honestly and in good faith. The Gourmand may suspend, restrict or terminate a membership, and withhold or reclaim points and rewards, where a Member:

  • provides false, misleading or fraudulent information;

  • attempts to manipulate points, rewards or promotional mechanics;

  • resells, transfers or misuses membership benefits, discounts or rewards for commercial gain;

  • engages in abusive, threatening or unlawful conduct towards our staff, stores or platforms; or

  • otherwise breaches these Terms.

Where practicable, The Gourmand will provide notice and an opportunity to respond before taking action, except in cases of suspected fraud or where immediate action is necessary to protect the Programme, our staff or other Members.

6. Personal Data and Privacy

Your Personal Data is collected, used and disclosed in accordance with our Privacy Policy, in compliance with the Personal Data Protection Act 2010 of Malaysia, as amended. By registering for the Programme, you acknowledge that you have read and understood the Privacy Policy.

Marketing communications (including product updates, promotions, events and exclusive member communications sent by email, SMS, WhatsApp or push notification) are sent only where you have provided separate consent. You may withdraw this consent at any time without affecting your underlying membership or access to non-marketing services.

Photographs, videos or recordings taken at Circle events may be used for The Gourmand's marketing and communications purposes, as described in our Privacy Policy. Where appropriate, additional consent will be sought at the event.

7. Events and Experiences

Circle events, tastings, launches and experiences (particularly those exclusive to Reserve Members) are offered subject to availability and capacity, and The Gourmand may require registration, impose attendance limits, or charge a fee for certain events. We reserve the right to postpone, modify or cancel any event, and will make reasonable efforts to notify registered Members in such cases.

8. Account Inactivity, Suspension and Termination

You may close your Circle membership at any time by contacting customer service using the details in Section 13.

Where a membership account has remained inactive for 24 months, we will delete or anonymise the associated Personal Data in accordance with our retention practices, and the account and any associated points or rewards will lapse.

The Gourmand may suspend or terminate a membership immediately, without prior notice, in cases of suspected fraud, abuse of the Programme, or serious or repeated breach of these Terms. In all other cases, we will provide reasonable notice before suspension or termination.

On termination or closure of a membership for any reason, accrued points and unredeemed rewards will be forfeited unless we determine otherwise at our discretion or as required by law.

9. Limitation of Liability

The Programme, App, and associated benefits, rewards and offers are provided on an "as available" basis. To the fullest extent permitted by applicable law, The Gourmand shall not be liable for any indirect, incidental or consequential loss arising from your participation in the Programme, use of the App, or reliance on member offers, including loss of points, rewards or anticipated benefits due to system error, event cancellation or third-party service disruption.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or wilful misconduct.

10. Third-Party Services

Certain Programme features may be supported by third-party service providers, including technology, payment, cloud hosting and marketing partners, as described in our Privacy Policy. The Gourmand is not responsible for the acts or omissions of independent third parties, save as required by applicable law.

11. Intellectual Property

All trademarks, logos, programme names (including "The Gourmand Circle"), App content and related materials remain the property of The Gourmand or its licensors. Nothing in these Terms grants you any right to use our intellectual property except as necessary to participate in the Programme.

12. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Programme, our services, or legal and regulatory requirements. Material changes will be communicated through the App, our website, or other appropriate channels, with reasonable notice ahead of the change taking effect where practicable. We encourage Members to review these Terms periodically.

13. Contact and Complaints

For questions, concerns or requests relating to these Terms, your membership, or your Personal Data, please contact:

The Gourmand
 TMC (THE MERCHANT CONNECTION) SDN. BHD.

Email:
 customerservice@themerchantconnection.co

Phone:
 +60 10-667 3225

Address:
 E-G-22, 23, 24, Ground Floor, Gala Street Mall, Gala City, Jalan Tun Jugah, Kempas Heights, Kuching, Malaysia

If you are dissatisfied with how a complaint is handled, you may lodge a complaint with the Personal Data Protection Commissioner of Malaysia in respect of Personal Data matters.

14. Governing Law

These Terms are governed by the laws of Malaysia. Any disputes arising from or in connection with these Terms or the Programme shall be subject to the exclusive jurisdiction of the courts of Malaysia.