Privacy Policy - Cerca Bracelets

INTRODUCTION

1.1. Cerca Bracelets SG (“Cerca”, “we”, “us” and “our”) operates an online store currently accessible at cercabracelets.sg (the “Website”). The purpose of this Privacy Policy (“Policy”) is to inform you of how Cerca may collect, use, disclose or otherwise process Personal Data that Cerca receives from users of the Website.

1.2. Personal Data means any data that allows the identification of a natural person directly or indirectly. For example, combining various data may enable identifying a person even when each data separately would not allow that. Personal data can include many types of data, such as a name, location data, an online identifier, IP address or the like. Cerca regularly reviews its Privacy Policy and may change it from time to time without any prior notice.

1.3. In order to allow you to use or access the Website and all goods and services offered through the Website (collectively referred to as the “Services”), it is necessary for Cerca to process your Personal Data in accordance with Clauses 2 to 4 of this Privacy Policy. By connecting to, accessing or using the Website and/or Services (or any part thereof), you hereby agree to the terms and conditions set forth in this Privacy Policy, including the collection and processing of your Personal Data as set forth in Clauses 2 to 4 of this Privacy Policy. If you disagree to any term provided in Clauses 2 to 4 of this Privacy Policy, you may not access and/or use the Services (or any part thereof) in any manner whatsoever.

1.4. If you have questions about the Privacy Policy or want to exercise any of your rights entioned in Clause 7.1, let us know by emailing our data protection officer at info@cercabracelets.sg.

1.5. To enhance the general accessibility of this Privacy Policy, Cerca may publish translations of this Privacy Policy in other languages. However, in the event of any inconsistency between the translated versions and the English version of this Privacy Policy, the English version shall be the authoritative version and will take precedence.

1.6. We process your Personal Data in accordance with the Personal Data Protection Act 2012 in Singapore (“PDPA”) to the extent that such processing is necessary for the provision of our Services to you, or where we are legally obliged to do so (e.g., storage for the fulfilment of commercial or tax-related retention obligations, release in accordance with official or judicial orders, e.g. to a law enforcement authority). Where any form of processing is not necessary for the provision of our Services to you and are for additional purposes (such as marketing or the sending of promotional emails), we will only conduct such processing with your specific and express consent

HOW WE COLLECT PERSONAL DATA

2.1. We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

2.2. Your Personal Data may be furnished to us in various manners, including but not limited to forms filled out by you, face to face meetings, email messages, or telephone conversations. Generally, Cerca may collect Personal Data in various ways including but not limited to:

(a) in the course of your purchasing our products or services, or your providing documentation or information to us;

(b) your participation in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;

(c) when you use or subscribe to any of our online services or communication platforms (including electronic publications, mailing lists, updates, alerts, announcements); and

(d) when you communicate or interact with us via telephone, letters, fax, face-to-face meetings, our websites, email or other modes of contact.

2.3. Payment Data. Without prejudice to the generality of Clause 2.2 above, when you make purchases from the Website and/or subscribe to the access and use of the Services, your credit or debit card information (such as card type and expiration date) and other financial data that are needed to process your payment may be collected and stored by third-party payment processors.

2.4. If you wish to provide us with any Personal Data relating to a third party, you must ensure that you have obtained the prior express consent of such third party to the provision of his or her Personal Data to us. By submitting such Personal Data to us, you hereby represent and warrant to us that you have notified the third party of the terms of this Privacy Policy and that you have obtained his or her prior express consent to such provision of Personal Data to us.

2.5. Your Personal Data may also be collected by analytics providers or other third party services used by the Website if you have given your specific and express consent for such collection. Other than Personal Data, third party analytics providers or other third party services used by the Website may also collect or be provided with anonymised information about your behaviour and interactions on the Website. We shall have the right to unilaterally amend this Privacy Policy from time to time to reflect the information and data that is provided to such third parties insofar as such data does not constitute Personal Data.

2.6. The Website may contain advertisements by third parties and/or links to independent third party websites or other applications (“Third Party Content”). If you wish to subscribe to data, software, services and/or applications provided by third parties (“Third Party Data”) as publicised in the Third Party Content available on the Website, these third parties may require that you enter into a legal contract with them to conclude a transaction for the Third Party Data. As part of the contracting process, they may ask you for additional Personal Data or request a confirmation of your identity. Any such information will be collected separately by these third parties and not by us, and we advise you to read and familiarize yourself with their privacy policies. However, if such third parties share your Personal Data with us, we will process the data in line with this Privacy Policy.

PURPOSES FOR WHICH WE COLLECT, USE AND DISCLOSE PERSONAL DATA

3.1. We process your Personal Data to provide our Services, to comply with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority, and for any other purposes for which you have provided the information. Without prejudice to the generality of the foregoing, we may process your Personal Data for any or all of the following purposes:

(a) To provide you with a user account on the Website (if and when applicable) and to allow you to access and use the Website and Services;

(b) To verify your identity, update our records and generally maintain your account with us;

(d) Cause Third Party Content to be transmitted to you;

(e) To process transactions, and to facilitate, confirm and/or provide updates or notifications in relation to any transactions;

(f) To process or arrange payment

(g) Shipping and delivery of products;

(h) Sending you marketing information about our products and Services;

(i) To detect or monitor any frauds or other prohibited content, businesses or activities; and

(j) Any other incidental business purposes related to or in connection with the above.

WHO WE SHARE YOUR INFORMATION WITH

4.1. Your Personal Data may be disclosed:

(a) Where such disclosure is required for performing obligations in the course of or in connection with our provision of the Services to you, including but not limited to processing any transactions entered into by you with us;

(b) To third party service providers, agents and other organisations we have engaged to perform any of the functions listed in Clause 3.1 above for or on our behalf;

4.2. Save as stated in Clause 4.1 above, we will generally not show, sell or rent your Personal Data to third parties, unless we are required to do so by law, a court order or similar judgement, or unless we obtain your prior consent.

4.3. By using our Services and the Website, you authorise us to use your information in all countries where Cerca operates for the purposes mentioned above. We will ensure that your information is transferred in accordance with this Privacy Policy and protected in accordance with applicable laws on personal data protection.

HOW WE PROTECT YOUR PERSONAL DATA

5.1. The security of your information is important to us. We have security measures in place to protect against the loss, misuse and alteration of information under our control. We also follow generally accepted industry standards to protect the information transmitted to us over the Internet, both during transmission and once we receive it.

5.2. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. It is important that you protect against unauthorised access of your user account on the Website and information by choosing your password carefully, and keeping your password and user account secure (if applicable). Further, it shall be your sole responsibility to ensure that your electronic/mobile device is free from all types of viruses, malware, contamination, or destructive features (including but not limited to all viruses, malware, trojan horses, worms, adware, spyware, crimeware, online graffiti taggers, droppers, rootkits, keyloggers, bots, or other harmful software program or program elements) that may track, collect, modify or use any and all Personal Data you provide to Cerca arising from or in connection with your access to and use of the Website and the Services (including but not limited to your identification information, contact information and payment-related information). To the maximum extent permitted by law, Cerca shall not be responsible, and you expressly agree to not hold Cerca liable, for any loss or damages arising from or in connection with any loss, misuse or alteration to your Personal Data due to your failure to comply with this Clause 5.2.

HOW LONG PERSONAL DATA WILL BE STORED FOR

6.1. We will retain your Personal Data for as long as it is relevant or necessary for the purpose for which it was collected and will delete any personal data that is no longer necessary for legal or business purposes. This means that we will keep your Personal Data that is necessary to provide the Services to you.

6.2. We will also comply with any applicable laws or statutes which obligate us to retain your Personal Data for a specific time period, such as the mandatory retention periods under accounting laws and regulations.

YOUR RIGHTS

7.1. You have rights in relation to your Personal Data. To exercise any of your rights, please send us a written request in accordance with Clause 1.4 of this Privacy Policy.

(a) Right to access your Personal Data: You have the right to obtain confirmation from us whether your Personal Data is being processed. You also have the right to access your Personal Data and to obtain certain information, such as the purposes of processing your Personal Data, the types of Personal Data involved, the duration of the retention, the source of the Personal Data, safeguards relating to the transfer, and a copy of the Personal Data.

(b) Right to rectification: You have the right to request us to correct inaccurate Personal Data about you.

(c) Right to erasure: You have the right to request us to erase Personal Data about you in certain situations, such as if the Personal Data is no longer necessary for the purposes for which it was collected, if processing such Personal Data is unlawful or if the data was processed based on consent and you withdraw your consent.

(d) Right to restriction of processing your Personal Data: You have the right to restrict processing of your Personal Data in certain situations. If you exercise this right, we are generally only allowed to store the Personal Data in question. You might exercise this right, for example, if you believe that the Personal Data we hold about you is inaccurate, in which case your right to restriction of processing would apply for the time that it takes us to verify whether your belief is correct.

(e) Right to data portability: You have the right to obtain your Personal Data in a structured, commonly used and machine-readable format and to transfer the Personal Data to another controller, if we process your Personal Data based on your consent or because of a contract that we have entered with you. For this right to be available to you, our processing of your Personal Data must take place by automated means.

(f) Right to withdraw your consent: To the extent we process your Personal Data based on your consent, you have the right to withdraw your consent at any time. You can do so by sending an email to info@cercabracelets.sg. The consent you provide for the processing of your Personal Data will remain valid until such time it is being withdrawn by you in the aforesaid manner. Withdrawing your consent does not affect the lawfulness of processing of your Personal Data based on consent before its withdrawal, and does not affect our right to process your Personal Data where such processing without consent is permitted or required under applicable laws. We will endeavour to process the withdrawal request within ten (10) business days of receipt of the withdrawal email. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing the Services to you and we shall, in such circumstances, notify you before completing the processing of your request.

(g) Right to lodge complaint with supervisory authority: You have the right to lodge a complaint with the relevant data protection supervisory authority in your country, if you consider that the processing of your Personal Data infringes your rights under the laws applicable to you.

YOUR RIGHTS

8.1. We will need to amend this Privacy Policy on a regular basis and without any prior notice. Please check back regularly to view the latest version of this Privacy Policy online on the Website. Your continued use of the Website and the Services constitutes your acknowledge and acceptances of any such amendments to the Privacy Policy from time to time.

GOVERNING LAW AND DISPUTE RESOLUTION

9.1. This Privacy Policy shall be governed by and construed in accordance with the laws of the Republic of Singapore.

9.2. Where any disputes arise out of or in connection with this Privacy Policy, parties shall first endeavour to resolve such disputes upon consultation in good faith. In the event that said disputes cannot be resolved through consultation after a period of ninety (90) days from the date that the dispute is first brought to the attention of Cerca by written correspondence, such disputes, including any question regarding the existence, validity or termination of the Privacy Policy, shall be referred to, and parties hereby submit to the exclusive jurisdiction of, the Courts of the Republic of Singapore.

Effective: 15 December 2022

Last Updated: 15 December 2022

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