A) General Data Protection Policy
We at LUXASIA Pte. Ltd. (“escentials”) take our responsibilities under Singapore’s Personal Data Protection Act 2012 (the “PDPA”) seriously. We recognise the importance of safeguarding the personal data you have provided us and it is our responsibility to properly manage, protect and process your personal data.
This Data Protection Policy is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal data.
If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal data, please do not hesitate to contact our Data Protection Team (attention email “DPT”) DPO@luxasia.com.
1 INTRODUCTION TO THE PDPA
1.1 “Personal Data” is defined under PDPA to mean data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access.
1.2 We will collect your personal data in accordance with the PDPA directly from you. We will notify you of the purposes for which your personal data may be collected, used, disclosed and/or processed, as well as obtain your consent for the collection, use, disclosure and/or processing of your personal data for the intended purposes, unless an exception under the law permits us to collect and process your personal data without your consent.
2 PURPOSES FOR COLLECTION, USE, DISCLOSURE AND PROCESSING OF PERSONAL DATA
2.1 The personal data which we collect from you may be collected, used, disclosed and/or processed for various purposes, depending on the circumstances for which we may/will need to process your personal data, which include but are not limited to :
(a) Communicating with you on your enquiries, and/or sending you marketing, advertising and promotional information and materials relating to events; productions; shows; concerts; and/or services that we, our partners and/or third party organisations with whom we are collaborating, may be selling or marketing.
(b) Administrative matters on your sign-ups/registrations for accounts, payments or refunds.
(c) Any other purposes that we notify you of at the time of obtaining your consent
(collectively, the “Purposes”)
As the purposes for which we may/will collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or by law.
3 SPECIFIC ISSUES FOR THE DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES
3.1 We respect the confidentiality of the personal data you have provided to us.
3.2 In that regard, we will not disclose your personal data to third parties without first obtaining your consent permitting us to do so. However, please note that we may disclose your personal data to third parties without first obtaining your consent in certain situations, including, without limitation, the following :
(a) cases in which the disclosure is required or authorised based on the applicable laws and/or regulations;
(b) cases in which the purpose of such disclosure is clearly in your interests, and if consent cannot be obtained in a timely way;
(c) cases in which the disclosure is necessary to respond to an emergency that threatens the life, health or safety of yourself or another individual;
(d) cases in which the disclosure is necessary for any investigation or proceedings;
(e) cases in which the personal data is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer;
(f) cases in which the disclosure is to a public agency and such disclosure is necessary in the public interest; and/or
(g) where such disclosure without your consent is permitted by the PDPA or by law.
3.3 The instances listed above at paragraph [3.2] are not intended to be exhaustive. For more information on the exceptions, you are encouraged to peruse the Second, Third and Fourth Schedules of the PDPA which is publicly available at statutes.agc.gov.sg.
3.4 Where we disclose your personal data to third parties with your consent, we will employ our best efforts to require such third parties to protect your personal data.
4 REQUEST FOR ACCESS AND/OR CORRECTION OF PERSONAL DATA
4.1 You may request to access and/or correct the personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. Hence, please submit your written request to email@example.com attention: DPT
4.2 For a request to access personal data we will seek to provide you with the relevant personal data within 30 days of your request. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request.
4.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will :
(a) correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and
(b) subject to paragraph [4.4], we will send the corrected personal data to every other organisation to which the personal data was disclosed by LUXASIA Pte. Ltd. within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose.
4.4 Notwithstanding paragraph [4.3(b)], we may, if you so consent, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.
4.5 We will also be charging you SGD 30 for the handling and processing of your requests to access your personal data. We will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.
5 REQUEST TO WITHDRAW CONSENT
5.1 You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by submitting your request to firstname.lastname@example.org attention: DPT
5.2 We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request.
5.3 However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us.
6 ADMINISTRATION AND MANAGEMENT OF PERSONAL DATA
6.1 We will take reasonable efforts to ensure that your personal data is accurate and complete, if your personal data is likely to be used by LUXASIA Pte. Ltd. to make a decision that affects you, or disclosed to another organisation. However, this means that you must also update us of any changes in your personal data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your personal data that you had initially provided us with.
6.2 We will also put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorised use of your personal data by third parties which are wholly attributable to factors beyond our control.
6.3 We will also put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymised as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.
6.4 Where your personal data is to be transferred out of Singapore, we will comply with the PDPA in doing so. In this regard, this includes us obtaining your consent unless an exception under the PDPA or law applies, and taking appropriate steps to ascertain that the foreign recipient organisation of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the Act. This may include us entering into an appropriate contract with the foreign recipient organisation dealing with the personal data transfer or permitting the personal data transfer without such a contract if the PDPA or law permits us to.
7 COMPLAINT PROCESS
7.1 If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance.
7.2 Please contact us through one of the following methods with your complaint or grievance :
(a) E-mail: DPO@luxasia.com. (Attention it to the ‘Data Protection Team)
(c) Office address: 12 Tai Seng Street, Level 5 LUXASIA Building Singapore 534118 (Attention it to the ‘Data Protection Team’)
7.3 We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.
8 UPDATES ON DATA PROTECTION POLICY
8.1 As part of our efforts to ensure that we properly manage, protect and process your personal data, we will be reviewing our policies, procedures and processes from time to time.
8.2 We reserve the right to amend the terms of this Data Protection Policy at our absolute discretion. Any amended Data Protection Policy will be posted on our website.
8.3 You are encouraged to visit the above website from time to time to ensure that you are well informed of our latest policies in relation to personal data protection.
(a) to improve your user experience on this website; (b) to remember your preferences; (c) to help us understand how this website is performing; (d) to monitor traffic to the website; (e) to enable this website to function properly; (collectively the “Purposes”)
C) TERMS AND CONDITIONS OF SERVICE
Your use of the escentials website as well as all LUXASIA Pte. Ltd. microsites (“Our Websites”) is expressly conditioned on your acceptance of escentials (“escentials”) Terms and Conditions of Service (“Terms and Conditions”).
The Terms and Conditions apply to the use of the services on or access to the services available through Our Websites. By using Our Websites, you unconditionally agree and accept to be legally bound by the Terms and Conditions. If you do not agree with any part of the Terms and Conditions, you must not, or must cease to, use the services on and cease to access any of the services available through Our Websites.
Certain products and services have their own specific governing terms and conditions which shall apply in addition to the Terms and Conditions. These specific terms and conditions shall include any terms and conditions found on your screens and when using any part of Our Websites. In the event of any inconsistency between the specific terms and conditions and the Terms and Conditions, the specific terms and conditions shall prevail in relation to the product or service in question.
LUXASIA Pte. Ltd. is the operator of this site. Our Websites, and each of its respective modules, together with the arrangement and compilation of the content found on Our Websites, are the copyrighted property of LUXASIA Pte. Ltd. and/or its various third party providers and distributors and which is licensed to LUXASIA Pte. Ltd..
Nothing contained on Our Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the content on Our Websites or Trademarks without the prior written permission of LUXASIA Pte. Ltd., or such other party that may own the content on the site or the LUXASIA Pte. Ltd. Trademarks.
LUXASIA Pte. Ltd. grants you a limited, non-exclusive, non-transferable right to use Our Websites in accordance with the Terms and Conditions. You agree that you:
A) shall not employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through Our Websites.
B) shall not copy, reproduce, republish, upload, post, transmit distribute or otherwise communicate to the public any of the content provided in Our Websites, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, without the prior written permission of LUXASIA Pte. Ltd. and/or its third party providers and distributors, except that you may download, display and print the materials presented on Our Websites for your personal, non-commercial use only.
C) shall not alter, modify, translate, decompile, adapt, disassemble, reverse engineer or create derivative works from any content or component from Our Websites without the prior written permission of LUXASIA Pte. Ltd. and/or its third party providers and distributors.
D) shall not use any “robot,” “spider”, “crawler” or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on Our Websites, in any case without the prior written permission of LUXASIA Pte. Ltd. and/or its third party providers and distributors.
E) shall not transmit or otherwise transfer any web pages, data or content found on Our Websites to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise. The use of such materials on any other web site or in any environment of networked computers is prohibited.
F) shall not post or transmit any information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (iii) contains a virus, bug, worm, time bomb, trojan horse, trap door or other harmful item, (iv) is used to unlawfully collude against another person in restraint of trade or competition, or (v) creates any liability on LUXASIA Pte. Ltd. or causes LUXASIA Pte. Ltd. to lose (in whole or in part) the services of our internet service providers or other suppliers.
You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from your use of Our Websites.
Registration Use of Our Websites may require you to register and provide certain personal information to access and/or download certain information and materials, and/or to sign-up for LUXASIA Pte. Ltd.’s mailing lists. You may choose not to provide any personal information, but if you decline to provide any mandatory information required, you may not be able to complete the registration process.
In consideration of LUXASIA Pte. Ltd. permitting you to use the site, in registering and providing such personal information, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms on the site (the “Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Luxasia Pte. Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Luxasia Pte. Ltd. has the right to suspend or terminate your account and refuse any and all current or future access to and use of Our Websites.
You have read LUXASIA Pte. Ltd.’s Data Protection Policy, the terms of which are incorporated herein and which are an integral part of the Terms and Conditions, and you agree that the terms of such policy are reasonable.
You consent to the use and processing of your Registration Data and other personally identifiable user information by LUXASIA Pte. Ltd. and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in LUXASIA Pte. Ltd.’s Data Protection Policy. You acknowledge and agree that the technical processing of Our Websites and the transmission of transaction messages relating to the products and services on Our Websites may involve (a) transmissions of your Registration Data and other data collected and maintained by LUXASIA Pte. Ltd. with regard to you, over various networks and to various countries; and (b) changes to conform and adapt your Registration Data and other data collected and maintained by LUXASIA Pte. Ltd. with regard to you to technical requirements of connecting networks or devices.
The information and materials contained in Our Websites, including text, graphics, links or other items are provided “As is”, “As available”. No warranty of any kind (implied, express or statutory) is given in conjunction with the information and materials contained herein including but not limited to accuracy, adequacy or completeness; non-infringement of third party rights; title; satisfactory quality, merchantability; fitness for a particular purpose and freedom from computer virus. LUXASIA Pte. Ltd. expressly disclaims liability for any loss or damage arising out of or in connection with the reliance on, use of or inability to access such information and materials.
Updated as at June 2019