DATA SHARING NOTICE

This Data Sharing Notice (“DSN”) sets out the parameters which Sixides Advertising Pte. Ltd. (the “Company”) may collect, use, disclose, or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This DSN applies to personal data within our possession, including those collected via an external organisation on our behalf, for the aforementioned purposes.


PARTIES

PARTY A: THE CUSTOMER

The “Customer” refers to the individual whose particulars can be found in the form “HELP”.

PARTY B: SIXIDES ADVERTISING PTE. LTD.

The “Company” refers to a company incorporated in Singapore and having its place of business at 3 Defu Lane 8, Singapore 539307.


IT IS AGREED : Definitions and Interpretation

Definitions

Confidential Information

Any Data or other information (in writing, electronic form or in any other form or media whatsoever) which is directly or indirectly disclosed by or on behalf either party on or after the date of this Agreement and which is confidential in nature, irrespective of whether it is marked as such. Data Any machine-readable code containing information that is deliberately disclosed by the Customer to the Company within the scope and course of the Company’s products and services.

Distribute

To make Data accessible (including the provision of access through a database or other application populated with the Data, re-selling, sub-licensing, transferring or disclosing the Data) by any means, including any electronic means, to facilitate the transaction of goods and/or services of the Company. Group The Company Group and/or the Consumer Group, as applicable in the context.

Information Technology

Any electronic hardware (e.g. server, end-user devices) or software (e.g. e-mail clients, programs for data archiving or backups) used for the communication, storage or other form of processing of Data.

Insolvency Event

In accordance with the Commercial Law of Singapore

Intellectual Property Rights

All patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in Confidential Information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

IT Security Management System

Any defined standard issued by ISO 27001 that regulates the use of Information Technology and (non-technical) organisational measures each with the objectives of warranting the availability, integrity, confidentiality and authenticity of Data and related information, as well as the protection against internal and external risks to the afore-said protective goals.

Licence

Has the meaning given to it by Clause 6.1.

Losses

All losses, liabilities, costs (including legal costs), charges, expenses, actions, procedures, claims, demands and damages (including the amount of damages awarded by a court of competent jurisdiction).

Modify

The right to adaption and transformation, i.e. the right to modify and/or edit the Data, and to subsequently publish such Data at will.

Permitted Use

The internal business use, processing, and exploitation of the Data by the Company; meaning expanded in Clause 3.1

Personal Data

Data, whether true or not, about an individual who can be identified from that Data or from that Data and other information to which the organisation has or is likely to have access.

Interpretation

i. Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement;
ii. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
iii.any schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement;
iv. any reference to this Agreement includes the schedules;
v. any reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established;
vi. unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular;
vii. unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
viii. a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision;
ix. a reference to writing or written includes faxes but not e-mail;
x. references to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
xi.any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

In the event and to the extent of any inconsistency between: any provision contained in the body of this Agreement and any provision contained in the schedules or appendices, the provision in the body of this Agreement shall prevail; the terms of any accompanying invoice or other documents annexed to this Agreement and any provision contained in the schedules or appendices, the provision contained in the schedules or appendices shall prevail; and any of the provisions of this Agreement shall prevail.

2.0 Scope

2.1 The Customer shall, at its own cost, ensure that it promptly complies with any minimum hardware configuration requirements specified by the Company for the purpose of establishing connectivity required to provide the necessary Data.

3.0 Permitted Use

3.1 We may collect and use your personal data for any or all of the following purposes:

i.Performing obligations in the course of or in connection with our provision of the Company’s goods and/or services;

ii. verifying your identity;

iii. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;

iv.managing your relationship with us;

v. processing payment or credit transactions;

vi. sending your marketing information about our goods and/or services, including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes, and other promotions;

vii. complying with any applicable laws, regulations, codes of practice, guidelines or rules, or to assist with law enforcement and investigations conducted by any governmental and/or regulatory authority;

viii. any other purposes for which you have provided the information;

ix. transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes;

x. and any other incidental business purposes related to or in connection with the above.

4.0 Obligations of the Customer

4.1 The Customer is responsible for ensuring compliance with all applicable laws and other binding regulations in the process of providing the Data to the Company, and shall promptly notify the Company if it becomes aware of any circumstances which prevent or may prevent the provision of the Data as envisaged by this Agreement.

5.0 Obligations of the Company

5.1 The Company shall appropriately support the Customer in the provision of the Data to the Company, including ensuring the full operation of Information Technology infrastructure and systems required for the agreed specifications regarding the quality of the Data, its transmission and reception.

5.2 The Company is responsible for compliance of its processing and exploitation of the Data with all applicable laws and other binding regulations. Without limitation to this obligation, the Company undertakes to process and exploit the Data exclusively according to the terms and conditions agreed by the parties.

5.3 The Company must inform the Customer of any imminent impairment of the Licence or other rights granted to the Company under this Agreement, in each case immediately after the Company becomes aware of it.

6.0 Grant of Licence

6.1 The Customer grants to the Company a non-exclusive, non-transferable, revocable, worldwide licence (“Licence”) for the Permitted Use only.

6.1.1 access, view and Modify the Data;

6.1.2 store the Data and any Modified Data;

6.1.3 reproduce the Data;

6.1.4 distribute the Data in accordance with Clause 7;

6.1.5 and The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

7.0 Distribution, Sub-licensing and Authorised Users

7.1 The rights granted pursuant to Clause 5.1 may be exercised by all legal representatives and employees of the Company and its authorised Group companies.

8.0 Warranties

8.1 The Customer warrants that it has the right to license the receipt and use of the Data as specified in this Agreement. Which should be requested in writing, no more than 5 working days from the date in this Agreement.

8.2 Except as expressly stated in this Agreement, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.

8.2.1 the supply of the Data or will be free from interruption;

8.2.2 the Data is accurate, complete, reliable, secure, useful, fit for purpose or timely; or

8.2.3 the Data has been tested for use by the Company or any third party or that the Data will be suitable for or be capable of being used by the Company or any third party.

9.0 Limitation of Liability

9.1 Neither party excludes or limits liability to the other party for:

9.1.1 fraud or fraudulent misrepresentation;

9.1.2 death or personal injury caused by negligence;

9.1.3 or any matter in respect of which it would be unlawful for the parties to exclude liability.

9.2 The Company shall not in any circumstances be liable whether in contract, tort (including for negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for:

9.2.1 any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;

9.2.2 any loss or corruption (whether direct or indirect) of Data or information;

9.2.3 any loss (whether direct or indirect) of anticipated savings or wasted expenditure (including management time);

9.2.4 or any loss or liability (whether direct or indirect) under or in relation to any other contract;

9.2.5 tangible property or physical damage.

10.0 IT Security

10.1 The parties each undertake to implement and, continuously operate an IT Security Management System.

10.2 If the Company becomes aware of any misuse of any Data, or any security breach in connection with this Agreement that could compromise the security or integrity of the Data or otherwise adversely affect the Customer, the Company shall, at the Company’s expense, promptly notify the Customer and fully co-operate with the Customer to remedy the issue as soon as reasonably practicable.

11.0 Confidentiality

11.1 Each party undertakes that it shall not at any time and for a period of five (5) years following termination of this Agreement, disclose to any person any Confidential Information concerning the other party or the other party Group company, except as follows:

11.1.1 to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement; or

11.1.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.2 No party shall use any other party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this Agreement.

11.3 Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's Confidential Information comply with this Agreement.

12.0 Retention of Personal Data

12.1 We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

12.2 This Agreement may be terminated by either party with immediate effect upon notice in writing to the other if:

12.2.1 there is an Insolvency Event of the other party;

12.2.2 the other party has committed a material breach of this Agreement, which is irremediable or which is capable of remedy and the other party has failed to remedy the breach within [thirty (30) days] of receipt of notice to do so; or

12.2.3 the other party has committed a series of breaches of this Agreement which together constitute material breach.

12.3 Upon termination of this Agreement, all rights to the Data granted to the Company hereunder shall revert to Customer, and the Company shall immediately refrain from any further processing or exploitation of the Data, destroy all physical copies, and irrevocably delete all electronic copies. At the request of the Customer, the Company must confirm fulfilment of these obligations in writing.

12.4 You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email;

12.5 Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it;

12.6 We may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in Clause 12.4 above.

12.7 Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

13.0 Announcements

13.1 No party shall make, or permit any person to make, any public announcement concerning this Agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including any relevant securities exchange), any court or other authority of competent jurisdiction.

14.0 Variation

14.1 No amendment, variation or waiver of this Agreement shall be valid unless in writing and duly executed by or on behalf of all the parties.

15.0 Governing Law and Jurisdiction

15.1 This Agreement shall be deemed to be made in [the Republic of Singapore], and shall be governed by and construed in accordance with the laws of [the Republic of Singapore]. The parties agree to submit to the exclusive jurisdiction of the courts of [the Republic of Singapore].

16.0 No Waiver

16.1 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

17.0 Assignment

17.1 The Company shall not be entitled to assign, transfer, mortgage, charge, sub-contract, declare a trust of or deal in any other manner with any of its rights and obligations under this Agreement without the prior written consent of the Customer (which is not to be unreasonably withheld or delayed).

18.0 Entire Agreement

18.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.

Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.

Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

19.0 Severability

19.1 Each of the provisions of this Agreement is severable. If any provision or part-provision of this Agreement is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, the parties shall negotiate in good faith a suitable replacement provision, which, to the greatest extent possible, achieves the parties’ original commercial intentions.

20.0 Third party rights

20.1 A person who is not a party to this Agreement has no rights, express or implied, to enforce or benefit from any term of this Agreement.

21.0 Notices

21.1 Any notice, consent, waiver or other communication given under this Agreement must be in writing and may be delivered by hand or sent by pre-paid first class post or other next working day delivery service to the address of the other party specified at the beginning of this Agreement, or any other address notified from time to time by the parties.