PRIVACY STATEMENT – The Bakery Depot Pte Ltd
We only track website statistics for business purposes. None of your private information will be disclosed to unrelated entities or any third party merchants unless required by the law. All email addresses in our mailing list are kept strictly confidential.
Your “Personal Data” includes any information we collect that identifies you, or from which you are reasonably identifiable. The Bakery Depot Pte Ltd collects data such as your name, email address, date of birth, gender, address, contact information, NRIC no., payment information, personal interests and preferences, records of questions that you ask us, answers you provide to questions we ask, other information about your dealings with us and information about you stored in cookies (such as your purchase history and other usage information) and Internet Protocol address or addresses when you interact with the Cedele Market website.
The provision of certain Personal Data by you to us such as your name, NRIC no., email address, address, contact information, and such other information may be indicated by The Bakery Depot Pte Ltd as compulsory or obligatory in order for The Bakery Depot Pte Ltd to perform the relevant purposes, such as fulfilling your order transactions on www.cedelemarket.com.sg.
As an added safeguard, www.cedelemarket.com.sg does not store credit card information with your registered online profile.
The Bakery Depot Pte Ltd uses your Personal Data for the relevant purposes which include:
To register you as a Cedele Market customer on www.cedelemarket.com.sg;
To facilitate your access to www.cedelemarket.com.sg;
To communicate with you any ongoing promotions on Cedele Market news;
To fulfil your requests for online shopping on www.cedelemarket.com.sg;
To evaluate your preferences and for the maintenance and improvement of www.cedelemarket.com.sg.
Information collected under Cedele Market will be retained under the authority of The Bakery Depot Pte Ltd.
If at any time you would like to unsubscribe from receiving future email notifications, we have included detailed unsubscribe instructions at the bottom of each email.
USAGE OF COOKIES
When you visit our website, we may assign your computer one or more “cookies.” By accessing our website, you agree that we can place cookies on your device. This website and third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this website. Also, this information will be used to enhance your shopping experience.
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies. Generally, you can remove these cookies by following directions provided in your Internet browser’s “help” file. If you choose not to allow us to place a cookie on your computer, you may be restricted from some services and some of the interactive features offered on our websites may be similarly restricted or rendered inoperable.
THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. Therefore, we have no responsibility or liability for the content and activities of these linked sites.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, as long as these parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours and others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
CHANGES IN POLICY
The Bakery Depot Pte Ltd limits the number of employees that have access to the databases that contain personal data, and all employees are advised of the importance of confidentiality. In addition, it is our policy to never send your credit card number via email. As an added safeguard, www.cedelemarket.com.sg does not store credit card information with your registered online profile.
All other questions on our use of your Personal Data should be addressed to the Cedele Market at firstname.lastname@example.org
PERSONAL DATA PROTECTION POLICY
Thank you for visiting the The Bakery Depot Singapore website (the “Website”). Your visit to this Website and your use of our products and services provided herein are subject to the terms and conditions herein contained. Please read these carefully.
- THE BAKERY DEPOT PTE LTD (“us“, “we“, “our“) is the operator of this Website. We take our responsibilities under Singapore’s Personal Data Protection Act 2012 (the “PDPA“) seriously. We also recognise the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data.
- In this Policy, as under the PDPA, “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access. Common examples of personal data could include names, identification numbers, dates of birth, contact information, skin records, photographs and video images.
- This Policy, together with our Terms and Conditions form the Agreement between us in respect of the subject matter therein.
- Unless restricted by the PDPA or any other applicable law, you agree that we may process your personal data in the manner, and for the purposes set out in the terms described in this Policy.
How Personal Data is collected
- We may collect your personal data in several situations, including, without limitation, the following:
(a) when you complete purchase orders, requests or applications for our products or services (by telephone, in person, mail or electronically);
(b) when you communicate with us directly in relation to our products and services (in person; via our customer service; or via our consultants in our office; by email, telephone or any other means);
(c) when you use services that are made available on the Website or at our office;
(d) when you apply for employment with us; or
(e) when you participate in surveys and other types of research we may conduct.
Collection of personal data
- You can use and browse the Website without disclosing your personal data. The provision of your personal data is voluntary. However, if you do not provide your personal data to us, we may not be able to provide some or all of the products and services that you may require from us.
- If you are a candidate for employment, we will collect personal data that you provide to us during the recruitment process, including personal data that is contained in your resume and in any application form that we require you to fill up. Such personal data may include your employment history and working eligibility rights. Further, you consent to us contacting the character references stated therein (if any); and your previous employers to evaluate your suitability for the role you have applied for.
- The types of personal data which we may collect about you include, without limitation:
(a) your contact information such as names, addresses, telephone numbers, and email addresses;
(b) billing information such as billing address and credit card information;
(c) unique information such as NRIC or passport numbers; photographs; contact preferences; and date of birth;
(d) details of any membership that you have with us;
(e) details of your visits to the Website, such as traffic data; location data; and the resources that you access on the Website; and
(f) your transaction history.
Provision of third party personal data by you
- Should you provide us with personal data of individual(s) other than yourself, you represent and warrant to us and you hereby confirm that:
(a) prior to disclosing such personal data to us, you would have and had obtained consent from the individuals whose personal data are being disclosed to us, to:
(i) permit you to disclose the individuals’ personal data to us for the purposes we have disclosed to you; and
(ii) permit us to collect, use, disclose and/or process the individuals’ personal data for the said purposes;
(b) any personal data of individuals that you disclose to us is accurate; and
(c) you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their personal data to us and for us to collect, use, disclose and process such personal data for the purposes.
Purposes for Collection, Use, Disclosure
- The personal data which we collect from you may be used, disclosed and/or processed for various purposes, depending on the circumstances for which we may/will need to process your personal data, including, without limitation:
(a) to communicate with you;
(b) to maintain and improve our working relationship;
(c) to assess, process and provide products, services and/or facilities to you;
(d) to administer and process any payments (including refunds) related to products, services and facilities requested by you;
(e) to establish your identity and background;
(f) to respond to your enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with us;
(g) to provide you with services or assistance that you have requested;
(h) to provide you with information and/or updates on our products, services, upcoming promotions offered by us and/or events organised by us and selected third parties which may be of interest to you from time to time;
(i) for direct marketing purposes via SMS, WhatsApp, LINE, WeChat, KaKaoTalk, phone call, email, fax, mail, social media and/or any other appropriate communication channels, if you are a member of any of our loyalty programmes, in accordance with your consent;
(j) to maintain and update internal record keeping;
(k) for internal administrative purposes;
(l) to send you seasonal greetings messages from time to time;
(m) to send you invitations to join our events and promotions and product launch events;
(n) to monitor, review and improve our events and promotions, products and/or services;
(o) to conduct credit reference checks and establish your creditworthiness, where necessary, when providing you with products, services and/or facilities;
(p) to administer, process and fulfil your commercial transactions with us (such as a purchase on the Website, a tender award, contract for service or tenancy agreement);
(q) to process any payments related to your commercial transactions with us;
(r) to process and analyse your personal data either individually or collectively with other individuals;
(s) to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to our products and/or services;
(t) to share any of your personal data with the auditor for our internal audit and reporting purposes;
(u) to share any of your personal data pursuant to any agreement or document which you have duly entered with us for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action;
(v) to share any of your personal data with our business partners to jointly develop products and/or services or launch marketing campaigns;
(w) to share any of your personal data with financial institutions necessary for the purpose of applying and obtaining credit facility(ies), if necessary;
(x) for audit, risk management and security purposes;
(y) for detecting, investigating and preventing fraudulent, prohibited or illegal activities;
(z) for enabling us to perform our obligations and enforce our rights under any agreements or documents that we are a party to;
(aa) to transfer or assign our rights, interests and obligations under any agreements entered into with us;
(bb) for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us;
(cc) to enforce or defend our rights and your rights under, and to comply with, our obligations under the applicable laws, legislation and regulations;
(dd) to carry out verification and background checks as part of any recruitment and selection process in connection with your application for employment with us;
(ee) for other purposes required to operate, maintain and better manage our business and your relationship with us; which we notify you of at the time of obtaining your consent; and/or
(ff) administering, facilitating, processing and/or dealing in any matters relating to your use or access of the Website. Without limiting the generality of the foregoing, if you:
- gain access to or sign into the Website, using your login credentials of a Social Networking Site, or
- use any features of a Social Networking Site such as its widgets, plug-ins and browser push notifications, made available to you on our Website, it may result in information or your personal data being collected or shared between us and the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. (“Social Networking Site” refers to an online or digital platform owned or operated by a third party, that is used by people to build social networks or social relations, or to interact, with other people, such as but not limited to Facebook, Instagram, Twitter, Weibo, WeChat). By your proceeding pursuant to (i) or (ii) above, you consent to such collection, use or disclosure of your personal data.
- 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 in the instances listed above. However, we will notify you of such other purpose(s) at the time of obtaining your consent, unless we are permitted by the PDPA or any other applicable law to process your personal data without your consent.
Disclosure of personal data to third parties
- In order to smoothly conduct our business operations or to fulfil our obligations to you, we may also disclose the personal data that you have provided to us to our third party service providers, agents, affiliates or related corporations, which may be situated inside or outside of Singapore, for one or more of the purposes stated in or notified to you under the Purposes for Collection, Use, Disclosure section. We will also disclose your personal data to government regulators or authorities in order to comply with any laws, rules, guidelines, regulations or schemes that apply to us.
- Examples of third parties that we disclose your personal data include, without limitation:
(a) data entry service providers;
(b) professional advisors, consultants and/or external auditors;
(c) storage and warehousing facility providers (which may include data storage and processing servers located overseas);
(d) third party service providers who provide administrative or operational services in connection with our business such as applications for entry into Jurong Island; telecommunications, information technology, logistics, delivery, printing and postal services or services relating to marketing and promotional activity;
(e) relevant government regulators or authorities;
(f) the THE BAKERY DEPOT worldwide group of companies; and our related corporations and affiliates either in Singapore or overseas; and
(g) third-party credit reporting or employment agencies as part of the recruitment and selection process and/or otherwise in connection with your application for employment with us.
- The third parties which we conduct business are only authorized to use your information to perform the service for which they were hired. As part of our agreement with them, they are required to adhere to the PDPA and any policies that we provide, and to take reasonable measures to ensure your personal data is secure.
- We respect the confidentiality of the personal data that you provide to us. We do not sell personal data to any third party.
Request for Access and/or Correction of Personal Data
- You may request to access and/or correct your personal data that is in our possession or under our control by writing to us at [email address].
- For a request to access personal data, we shall reasonably endeavour to provide you with the relevant personal data within thirty (30) days from such a request being made. Where information you request requires more time and expense, we shall reach agreement with you on terms on how to process your request. Depending on the scope and nature of the work required to process your access request, we may be required to impose a fee to recover our administrative costs. This will be assessed on a case-by-case basis by our Data Protection Officer. Where such a fee is to be imposed, we will provide you with a written estimate of the fee for your consideration. Please note that we will only process your request once you have agreed to the payment of the fee. In certain cases, we may also require a deposit from you before we process the access request. You will be notified if a deposit is required when we provide you with the written estimate of the fee, if any.
- For a request to correct personal data, we will correct your personal data as soon as practicable after the request has been made unless we have reasonable grounds not to do so.
- You understand that we are reliant on you to provide us with accurate and complete personal data and with updates if there are any changes to your personal data. We will not be responsible for relying or using any inaccurate or incomplete personal data where you have provided with such personal data and/or have failed to update us of any changes in your personal data.
Request to Withdraw Consent
- You may withdraw your consent for the collection, use and/or disclosure of your personal data that is in our possession or under our control by writing to us at [email address].
- 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.
- Your withdrawal of consent may result in certain consequences. For example, it may mean that we will not be able to provide you with certain products or services that you have requested or that we will not be able to continue with your existing relationship with us. We will inform you of such consequences after we receive your request for withdrawal.
- However, you understand that notwithstanding your withdrawal of consent, we will still be entitled to collect, use or disclose your personal data if we are required or authorised to do so under the PDPA or any other applicable law.
Protection and Destruction of Personal Data
- We will put in place reasonable security arrangements to ensure that your personal data is adequately protected and secured. In particular, reasonable security arrangements will be taken to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your personal data. However, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.
- 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. We will also put in place measures to ensure that any of your personal data that is in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that:
(a) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and
(b) retention is no longer necessary for any other legal or business purposes.
Cookies and Mobile Technology
- Flash Cookies. “Flash Cookies” (also called Local Shared Objects or “LSOs”) are data files similar to cookies, except that they can store more complex data. Flash Cookies are used to remember settings, preferences, and usage, particularly for video, interactive gaming, and other similar services.
- Web Beacons. Web beacons are small graphic images on a web page or in an e-mail that can be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of e-mail marketing campaigns.
- Analytics Tags. We use analytical tags to analyse what our clients like to do and the effectiveness of our features and advertising. They can also help us customize your browsing and shopping experience. We may use information collected through analytical tags or tracked links in combination with your Personal Data. We may also combine personal data you provide to us with other personal data (such as purchase history and demographic information). We often work with other companies such as, to help us track, collect and analyse this information but they are prohibited from using this information for any other purpose.
- Web Server Logs. Web server logs are records of activity created by the mobile device or computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you the webpage. The Web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.
- Geo-Location Technologies. Geo-location technology refers to technologies that permit us to determine your location. We may ask you to manually provide location information (like your postal code), or to enable your mobile device to send us precise location information. For example, the first time you download the App you will/may be asked to choose between allowing or not allowing the App to access your location and/or to send you mobile notifications. If you choose “Do Not Allow,” you will have opted-out of having the App accessing your location to send you location-specific offer notifications. If you choose “OK” the App will communicate with your mobile device and collect certain data as provided in this Policy in order to send you targeted offers based on your location. You can always opt-out of sharing location data with the App by changing your device settings.
- Our Website contains areas where you can submit information to us (such as our registration service), and we also have features (such as cookies and performance tracking technology) that automatically collect information from the visitors to our Website. During the registration process, you must provide us with a password, your name, address and a valid email address, etc. It is your responsibility to keep your password strictly confidential.
- 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 by writing to us at [email address].
- We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.
- You may contact us (or send us any request or complaint form) either by post or by email at the following address:
Data Protection Officer
THE BAKERY DEPOT PTE LTD
Contact No: [number]
Email Address: [email]
- 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.
- We reserve the right to amend the terms of this Personal Data Protection Policy at our absolute discretion. Any amended Personal Data Protection Policy will be posted on the Website and can be viewed at [URL]. No individual notice will be sent to you.
- You are deemed to have acknowledged and agreed to any amended version of this Personal Data Protection Policy if you continue to use the Website after the changes have taken place. As such, 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.
Effect of Policy and Changes to Policy
- This Policy applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
40. You are encouraged to check this Website for this Policy from time to time to ensure that you are well informed of our latest policies in relation to personal data protection. We may revise this Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
WEBSITE TERMS AND CONDITIONS
Thank you for visiting the The Bakery Depot website (the “Website”).
The Bakery Depot Pte Ltd (“THE BAKERY DEPOT”, “we”, “us” or “our”) provides the content and services available on the Website to you subject to the following terms and conditions, our Personal Data Policy and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality or features, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions“). You may be accessing our Website from a computer or mobile phone device and these Terms and Conditions govern your use of our Website and your conduct, regardless of the means of access. By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR WEBSITE.
Please review our Personal Data Policy, so that you may understand our privacy practices.
- Accuracy of Information
We attempt to be as accurate as possible when providing you with information on this Website; however, to the extent permitted by applicable law, we do not warrant that the content available on the Website is accurate, complete, reliable, current, or error-free.
- Intellectual Property
3.1 All information and content available on the Website and its “look and feel”, including but not limited to trade marks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content“). The Content is the exclusive property of THE BAKERY DEPOT, our affiliates, partners or licensors, and is protected by Singaporean and international laws, including laws governing copyrights and trade marks.
3.2 Except as set forth in the limited licences in Paragraph 4, below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- Limited Licences
4.1 We grant you a limited, revocable, non-transferable, and non-exclusive licence to access and make personal use of the Website. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Website:
- frame or utilize framing techniques to enclose the Website or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Website, Content (except caching or as necessary to view the Website), or the personal information of others without our prior written permission or authorization;
- make any use of the Website or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon the Website or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Website; and/or
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”
4.2 We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
4.3 Any unauthorized use by you of the Website or any and/or all of our Content automatically terminates the limited licences set forth in this Paragraph 4 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
- Your Obligations and Responsibilities
5.1 By accessing or using the Website or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Website. You agree that when accessing or using the Website or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or willfully breach any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to THE BAKERY DEPOT, our subsidiaries, affiliates, partners or licensors.
5.2 If you access the Websites via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.
- Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Website including Third Party Websites. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites including Third Party Websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Website (including Third Party Websites), nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites (including Third Party Websites) that you visit.
- User Content
7.1 When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content“) on the Website in any manner (including, but not limited to, through the “Contact Us” form) you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free licence to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
7.2 You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party.
7.3 We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
7.4 You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
7.5 If you wish to delete certain public User Content, such as your posting(s), on our website or in connection with our mobile applications, please contact us by email at [email] and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to ten (10) business days to process your deletion request. We also note that it may not be possible to entirely delete posting(s) because cached web pages may continue to exist.
- Notices of Claimed Copyright Infringement
8.1 We respect the intellectual property of others and require that users of the Website do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Websites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail to [email] for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Website;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Representations and Warranties; Limitation of Liability
THE WEBSITE AND ITS CONTENT AND SERVICES ARE PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE WEBSITE TERMS AND CONDITIONS OR THE WEBSITE OR ITS CONTENTS OR SERVICES.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBWEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBWEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including legal fees on an indemnity basis, resulting from any third party claim, action, or demand arising from (i) your use of the Websites or the Website Content in violation of any law, rule, regulation or breach of these Terms and Conditions, or (ii) any part of User Content. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
11.1 With respect to any dispute, claim or controversy regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Singapore, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Singapore. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THESE WEBSITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE intellectual property rights OF THE BAKERY DEPOT OR OUR AFFILIATES, partners or licensors or CLAIMS in equity) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SINGAPORE AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
11.2 You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Consent to Receive Notices Electronically by Posting on the Website and via Email
12.1 You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices“) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email] and discontinue your use of this Website. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licences set forth in Paragraph 4 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Website to any user that cannot consent to receipt of Notices electronically.
12.2 Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Personal Data Policy.
13.1 You acknowledge and agree that these Terms and Conditions; the Quotation; the Standard Terms; and our Personal Data Policy constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
13.2 We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website and providing notice of such change. Any changes are effective immediately upon posting to the Website and release of notice of such change. Your continued use of the Website thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
13.3 Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
DATA TRANSFER AGREEMENT
THIS AGREEMENT is entered into on this the Day of 2020
- THE BAKERY DEPOT PTE LTD, a company organized and existing under the laws of Singapore with its principal place of business at 1 Kaki Bukit Road 1, #02-41 Enterprise One, Singapore 415934 (“The Bakery Depot”); and
- [name], a company organized and existing under the laws of [country] with its principal place of business at [address] (the “Transferee“)
(hereinafter collectively abbreviated as the “Parties”, and each, a “Party”)
(A) The Bakery Depot has collected data from data subjects in Singapore in accordance with the Personal Data Protection Act 2012 (the “PDPA”).
(B) In the course of its business, The Bakery Depot wishes to contract certain services, which imply the processing of personal data, to the Transferee.
(C) The Parties seek, through this Agreement, to implement a data transfer agreement that complies with the requirements of the current legal framework in relation to data transfer under the PDPA.
IT IS HEREBY AGREED as follows:
- DEFINITIONS AND INTERPRETATION
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement shall have the following meaning:
“Agreement” means this Data Transfer Agreement and all schedules and annexures hereto, as each of the same may from time to time be amended;
“The Bakery Depot means any Personal Data collected by or on behalf of The Bakery
Personal Data” Depot and to be transferred to the Transferee in accordance with the terms hereof;
“Data Protection Laws” means the PDPA and, to the extent applicable, the data protection or privacy laws of the country in which the Transferee is situated (should the Transferee not be situated in Singapore);
“Data Transfer” means:
- a transfer of The Bakery Depot Personal Data from The Bakery Depot to the Transferee; or
- an onward transfer of The Bakery Depot Personal Data from the Transferee to a subsidiary; or affiliate of the Transferee; and
“Services” means the services which The Bakery Depot may, from time to time, contract with the Transferee for the Transferee to provide.
1.2 The terms, “Commission”, “Personal Data”, “Personal Data Breach”, shall have the same meanings as in the PDPA, and their cognate terms shall be construed accordingly.
- PROCESSING OF THE BAKERY DEPOT PERSONAL DATA
When The Bakery Depot Personal Data is transferred to the Transferee, the Transferee shall:
- comply with all applicable Data Protection Laws in the collection; use; and disclosure of The Bakery Depot Personal Data;
- not collect; use; or disclose The Bakery Depot Personal Data other than on The Bakery Depot’s documented instructions;
- without prejudice to the generality of the forgeoing, not make known, divulge or publicise any and all information, documents and materials relating to this Agreement and the The Bakery Depot Personal Data;
- at its own expense, within three (3) days after receipt of a written demand from The Bakery Depot:
- return all hard copies of material containing any part of the The Bakery Depot Personal Data in its possession or under its custody and control without keeping any copies thereof;
- destroy all analyses, compilations, notes, studies, memoranda or other documents prepared by the Transferee to the extent that the same contain, reflect or are derived from any The Bakery Depot Personal Data; and
- delete all The Bakery Depot Personal Data from any computer, word processor or other device containing such information.
- TRANSFEREE PERSONNEL
The Transferee shall take reasonable steps to ensure the reliability of any employee, agent or contractor of the Transferee who may have access to the The Bakery Depot Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant The Bakery Depot Personal Data, as strictly necessary for the purposes of the Services, and ensuring that all such persons are subject to confidentiality undertakings; and/or professional or statutory obligations of confidentiality.
Taking into account the state of the art; the costs of implementation; and the nature, scope, context and purposes of the transfer of the The Bakery Depot Personal Data; as well as the risk of varying likelihood; and severity of consequences of breach of data subjects whose personal data are contained within the The Bakery Depot Personal Data (“Data Subjects”), the Transferee shall in relation to the The Bakery Depot Personal Data, implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk.
The Transferee shall not appoint (or disclose any The Bakery Depot Personal Data to) any third party save for those within the classes of persons in Clause 3, above, and unless required or authorized by the The Bakery Depot.
- DATA SUBJECT RIGHTS
6.1 Taking into account the nature of the Services, the Transferee shall assist The Bakery Depot by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the The Bakery Depot’s obligations to respond to requests by Data Subjects to exercise their rights under the Data Protection Laws.
6.2 The Transferee shall:
- promptly notify the The Bakery Depot if it receives a request from a Data Subject under any Data Protection Law in respect of The Bakery Depot Personal Data; and
- ensure that it does not respond to that request except on the documented instructions of the The Bakery Depot or as required by Applicable Laws to which the Transferee is subject, in which case Transferee shall to the extent permitted by Applicable Laws inform The Bakery Depot of that legal requirement before the Contracted Transferee responds to the request.
- PERSONAL DATA BREACH
7.1 The Transferee shall notify The Bakery Depot without undue delay upon the Transferee becoming aware of a Personal Data Breach affecting The Bakery Depot Personal Data, providing The Bakery Depot with sufficient information to allow the The Bakery Depot to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.
7.2 The Transferee shall co-operate with The Bakery Depot and take reasonable commercial steps as are directed by the The Bakery Depot to assist in the investigation, mitigation and remediation of each such personal data breach.
- DATA PROTECTION IMPACT ASSESSMENT AND PRIOR CONSULTATION
The Transferee shall provide reasonable assistance to The Bakery Depot with any data protection impact assessments, and prior consultations with data privacy authorities, which the The Bakery Depot reasonably considers to be required.
- AUDIT RIGHTS
The Transferee shall make available to The Bakery Depot on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by The Bakery Depot and/or an auditor mandated by The Bakery Depot in relation to the collection; use and disclosure of the The Bakery Depot Personal Data by the Transferee.
- GOVERNING LAW AND JURISDICTION
10.1 This Agreement is governed by the laws of Singapore. Any dispute or difference (“Dispute”) between the Parties arising out of or relating to or in connection with this Agreement including any question regarding its existence, validity or termination shall be resolved either by reference to mediation, arbitration or by court proceedings, as elected by The Bakery Depot.
10.2 Notwithstanding Clause 10.1, if any Dispute at any time arises between the Parties in respect of the interpretation of this Agreement or concerning anything herein contained or arising out of this Agreement or as to the rights, liabilities or duties of the said Parties hereunder, the Parties shall first use their reasonable endeavours to seek to agree a settlement in good faith.
10.3 If any Dispute cannot be resolved after good faith discussions, and The Bakery Depot elects to bring the Dispute to
(a) mediation, the Dispute shall be referred to the Singapore Mediation Centre in accordance with its prevailing prescribed form, rules and procedure;
(b) arbitration, the Dispute shall be referred to arbitration at the Singapore International Arbitration Centre (“SIAC”). The arbitration shall take place in Singapore at the SIAC, and the arbitration shall be conducted according to the SIAC Rules for the time being in force. The tribunal shall consist of one arbitrator to be appointed in accordance with the SIAC Rules. The language of the arbitration shall be English. The Parties hereby agree that it is their intention that the arbitrator(s) must give full force and effect to all of the terms and provisions of this Agreement in resolving all such disputes. The arbitration award shall be final and binding upon the Parties. The Parties shall fulfill its terms accordingly. The arbitration fee shall be borne by the losing Party. In the course of arbitration, both Parties shall continue to perform its obligations under this Agreement except for the parts under arbitration;
(c) litigation, the Parties hereby submit themselves to the exclusive jurisdiction of the Courts of Singapore.