DATA PROTECTION AND PRIVACY POLICY
We, That Green Space Pte Ltd (UEN No. 201225546W), are the licensed service providers of PEM, a cloud-based estate management solutions provider. This policy sets out how we treat any content, data and/or information which you have input or stored on PEM, and/or which you have furnished to us, and/or which we are authorized to obtain from any third parties when you access or use our website (“Website”), our mobile application (“App”) and/or any of our services or software, regardless of whether they are privately or publicly accessible (generally, referred to as “information” below). For the avoidance of doubt, reference to us will include our officers, employees, agents and other authorized representatives.
PLEASE NOTE THAT IN USING OR CONTINUING TO USE PEM, OUR WEBSITE, OUR APP AND/OR ANY OF OUR SERVICES OR SOFTWARE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THIS POLICY, WHICH CONSTITUTES A BINDING AND ENFORCEABLE AGREEMENT. PLEASE ALSO NOTE THAT THIS POLICY SHOULD BE READ TOGETHER WITH THE TERMS OF USE, AND WHERE APPLICABLE, THE TRIAL AGREEMENT, END USER AGREEMENT AND/OR SERVICE AGREEMENT ENTERED WITH US.
If you have any questions on this policy or any other questions in relation to how we may manage, protect, and/or process your information, please do not hesitate to contact our Data Protection Officer at (Telephone) 6933 8333 or (Email) <support@getpem.com>.
1. THE INFORMATION WHICH WE COLLECT
1.1. We are considered a data intermediary under the Personal Data Protection Act 2012 (“PDPA”) as the services and software which we provide to our clients in respect of or in connection with PEM serve to facilitate the aggregation, management, storage and processing of all information relating to their estate via our web- and/or mobile-based interface software. Such information could include your personal data as defined by the PDPA (“Personal Data”).
1.2. Our clientele may cover managing agents, management corporations, subsidiary proprietors and occupants of an estate. You may be a client who has entered into a Trial or Service Agreement with us, a user who has an account created under the Trial or Service Agreement and/or someone who is simply visiting our Website, has downloaded or used our App and/or has contacted us. In any case, your information may be collected in the following manner:
(a) Information that we get when you use our Website, App, services or software. For example:
(i) Information relating to your computers or devices and your visits to and use of our Website, App, services and software, including your internet protocol address, login information, geographical location, browser type version and plug in, operating system and platform, referral source, etc.
(ii) Information relating to any transactions with us on or in relation to our Website, App, services and software, including information relating to any purchase of our products or engagement of our services etc.
(b) Information that you provide to us by any means. For example:
(i) Information that you enter, register, upload, store or otherwise furnish onto or through your accounts on the web-based interface on the Website or the mobile-based interface on the App.
(ii) Information that you submit, supply, tell or make known to us by any means of contact.
(iii) Comments, suggestions or feedback communicated to us.
(iv) Phone numbers, email addresses or other sources which you use to contact us.
(c) Information that we have been authorized to obtain from any third parties. For example, information which your management corporation or managing agent releases to us in the event we are engaged to provide our services and/or software for your estate.
1.3. You are solely responsible for the truth, accuracy, completeness and correctness of your information.
2. WHEN WE MAY COLLECT, USE, DISCLOSE AND/OR STORE YOUR INFORMATION WITHOUT CONSENT
2.1. You hereby agree that save for Personal Data:
2.1.1. Your information will not be treated as confidential or proprietary unless we have expressly agreed in writing otherwise.
2.1.2. We are entitled to collect, use and/or disclose your information to anyone without your consent or any reference to you, for any purpose whatsoever.
2.1.3. You grant us and those who work with us, a worldwide, royalty-free right to store, host, reproduce, create derivative works of, publish, publicly perform, display, use and distribute such information.
2.2. In the event you provide any comments, suggestions or feedback to us, you shall also grant us an unlimited, irrevocable and transferable license to use all content, data or information furnished for such purpose. We shall own all intellectual property and proprietary rights in such comments, suggestions and feedback. You also agree that you are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances for or in connection with your comment, suggestion or feedback.
3. WHEN WE MAY COLLECT, USE, DISCLOSE AND/OR STORE PERSONAL DATA WITHOUT CONSENT
We respect the confidentiality of Personal Data provided to us. In that regard, we will generally not disclose any Personal Data to any third parties which you have not consented to us doing so. However, please note that we may disclose Personal Data without first obtaining your consent in certain exceptions, such as those listed in the Second, Third and Fourth Schedules of the PDPA.
4. WHEN WE MAY COLLECT, USE, DISCLOSE AND/OR STORE YOUR PERSONAL DATA WITH YOUR CONSENT
4.1. You hereby unconditionally consent to our collection, use, disclosure and/or storage of Personal Data in order to facilitate your access to, your use of and/or the operation of PEM, our Website, our App and/or any of our services or software (“Purposes”). Such Purposes may include but are not limited to the following instances:
(a) To manage, monitor or respond to your comments, requests and queries;
(b) To verify your authenticity and your financial position;
(c) To provide consultancy for, facilitate or enhance your use of PEM, our Website, App and/or any of services or software;
(d) To provide you with personalized services or customized content, assistance, support, bug fixes, enhancements, designs, developments, changes, modifications, add ons, updates, upgrades, setting up and on boarding, training, maintenance, audits for PEM, our Website, our App and/or any of our services or software;
(e) To diagnose problems, improve, administer and back up PEM, our Website, our App and/or any of our services or software;
(f) To conduct marketing research, user profile and statistical analysis;
(g) To send you notices, instructions, promotions, updates, surveys and marketing and advertising materials or any other information in relation to our services or software as well as those of our affiliates, partners and/or related corporations;
(h) To keep PEM, our Website, our App or any of our software secure and to prevent fraud;
(i) To enforce our rights and obligations or that of any of our affiliates, partners and/or related corporations;
(j) Any purpose permitted by and/or to comply with the law, whether present or future, covering any relevant statute or other written law (including all subsidiary legislature and any amendment thereto or re-enactment thereof from time to time), common law, by-laws, orders, rules, regulations and such other requirements imposed by any applicable court, tribunal, authority, agency, government department and/or organization;
(k) To comply with any rules, regulations or such other requirements imposed by the building management of the estate, whether present or future;
(l) For any specific purpose for which the information was provided to us and/or any other purposes notified to you on or before our collection, use or disclosure of the information; and
(m) Any other purpose, whether express or implied, under this policy, the Terms of Use, the End User Agreement, Trial Agreement, Service Agreement and any other agreements entered with you.
4.2. You hereby acknowledge and accept that in the course of our business or operations, we may also disclose Personal Data to third parties for one or more of the Purposes. Such third parties may include our licensors, service providers or contributors, service providers, professional advisors and auditors, investors, affiliates, partners and/or related corporations, and may be sited outside Singapore.
4.3. You may withdraw consent, request access and/or delete, correct or update Personal Data in the following ways:
(a) If you are our client under the Trial or Service Agreement, by yourself through your primary accounts;
(b) If you are an end user holding a secondary account created under the Service Agreement, by yourself through your secondary account or by contacting the building management or representative appointed for your estate; or
(c) By contacting our Data Protection Officer.
4.4. On receipt of your request, we will contact you to make the necessary arrangements and process your request. Please note that as we are a data intermediary providing web- and mobile-based interface services, not all personal data that we have collected may be available or within our authorization or control for consent to be withdrawn, access to be given or deletion, correction or updating to be made.
4.5. Please also note that we may charge you a reasonable administrative fee for the handling and processing of your request. Where such a fee is payable, we shall provide you with a written estimate for your consideration. We shall only begin processing upon receiving your payment of the fee.
5. OUR USE OF COOKIES
By using PEM, our Website, our App and/or any of our services or software, you consent to our (and our third party service provider’s) use and access of cookies which will provide you with a more personalized experience on PEM, our Website, our App and/or any of our services or software. You can choose to turn off all cookies. If you turn the cookies off, you will not have access to many features or functions that will make your usage more efficient and ensure that they will work properly. Please refer to your browser’s documentation or device’s setting to check if cookies have been enabled on your computer or devices or to request not to receive cookies.
6. THIRD PARTY SITES
We may include third party links, plug-ins or other connections on PEM, our Website, our App and/or any of our services or software for your convenience and information. These linked sites or mobile applications have separate and independent terms and policies. We have no control over these third party sites or mobile applications, and therefore have no responsibility for their data or privacy practices. We encourage you to consult the policies of these sites or mobile applications.
7. HOW WE PROTECT, RETAIN AND/OR DESTROY YOUR INFORMATION
7.1. You shall be fully responsible for backing up your information and if you decide not to do so, such decision is at your sole and absolute risk. While we have put in place reasonable precautions to ensure that your information is adequately backed up, protected and/or secured after we receive them or when we transmit or process them as part of our business or operations, such precautions taken or to be taken are at our sole and absolute discretion, and are not intended to be comprehensive or absolute. We do not warrant or guarantee the backing up, protection or security of your information given the antecedent risks that come with any electronic transmission, storage and processing. We are therefore not liable for any compromise, interference, disruption, corruption, cessation, loss or damage of your information (including but not limited to any unauthorized collection, use or disclosure of Personal Data) and/or any other acts or omissions, regardless of cause of reason, whether by us, by your estate or by any third party.
7.2. We also cannot assume responsibility for your own acts or omissions (including any failure to adopt or practice reasonable precautions to back up, protect or safeguard your information) when using PEM, our Website, App, and/or any of our services or software. This is especially the case for users who may access, upload, use, disclose, copy, modify, alter or delete information from their accounts via the web-based interface on our Website or through the mobile-based interface on our App. Our full disclaimer of warranties and exclusion of liabilities can be found in our Terms of Use and where applicable, the Service Agreement and End User Agreement.
7.3. We will retain your information for as long as it is necessary to fulfill the purpose for which it was collected, to which you have given your consent, to satisfy for any legal, regulatory, accounting or other business requirements, and/or to protect our interests. Please note that even if you stop accessing or using PEM, our Website, our App and/or any of our services or software (including where your account has been deleted), we may still preserve your information for such period of time. As soon as it is reasonable for us to do so, your information will thereafter be destroyed, aggregated and/or anonymized at our sole and absolute discretion. Please also note that as we are a data intermediary providing web- and mobile-based interface services, not all information that we have collected may be available or within our authorization or control to be aggregated, anonymized or destroyed.
8. CHANGES TO OUR POLICY
8.1. We work hard to continuously improve and enhance PEM, our Website, our App, services and software. Some of these improvements and enhancements may result in changes to this policy. We may amend this policy at our sole and absolute discretion from time to time and without any prior notice to you. Such changes shall be effective immediately upon posting of the amended policy on our Website or through our App, whichever earlier.
8.2. The updated version will be posted on our Website or through our App and date-stamped so that you will be aware of when it was last updated. We encourage you to periodically review this policy for the latest information on our policies and to see if there have been any changes that affect you. Your continual use of PEM, our Website, our App and/or any of our services or software following any such amendments shall constitute your express agreement to the revised policy.
9. SEVERABILITY
In the event that any provision of this policy is held to be invalid, unenforceable or illegal for any reason, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by the applicable law. In any event, such invalidity, unenforceability or illegality shall not affect the remaining provisions of this policy which shall remain in full force and effect.
10. GOVERNING LAW AND JURISDICTION
This policy shall be governed by and construed in accordance with the laws of the Republic of Singapore and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore. Any act or omission whatsoever by you in connection herewith (including their respective software, tools, applications or functionality) will be deemed to have been performed in Singapore.
Version dated: 1 September 2016
