1. An Overview of Data Protection
1.1. The term “Personal Data” means any data relating to an individual who can be identified from that data or from that data and other information to which we have or are likely to have access to. Examples of Personal Data which you may provide to us include:
(a) your name, personal identification number (e.g. NRIC or passport number), contact number, mailing address, email address and any other information relating to you which you have provided us in any forms you may have submitted to us, or in other forms of interaction with you;
(b) information about your use of our website and services, including cookies, IP address, subscription account details and membership details, but only to the extent that we may identify you from such information;
(c) your age, nationality, employment history, and income level; and
(d) information about your usage of and interaction with our website and/or services including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our website.
1.2. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Collection and use of Personal Data
Who is the responsible party for the recording of Personal Data on this website (i.e. the “controller”)?
1.3. The Personal Data on this website is processed by the operator of the website, whose contact information is available under the section “Information Required by Law” on this website.
How do we collect and/or record your Personal Data?
1.4. We may collect your Personal Data in the following ways:
(a) when you submit forms relating to any of our products, services or marketing campaigns;
(b) when you establish any online accounts with us;
(c) when you contact us with a question or request for assistance;
(d) when you request that we contact you;
(e) when you are contacted by, and respond to, our marketing representatives and agents;
(f) when you respond to our request for additional Personal Data;
(g) when you ask to be included in an email or other mailing list;
(h) when you respond to our campaigns, promotions and other initiatives;
(i) when you participate in a competition, lucky draw or survey; and
(j) when you submit your Personal Data to us for any other reason.
1.5. Personal data may also be recorded by our IT systems automatically or after you consent to such recording during your visit to our website. This Personal Data is primarily comprised of technical information (e.g. your web browser, your operating system and/or the time the site was accessed). This information is recorded automatically when you access this website.
Accuracy of Personal Data
1.6 You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with products and/or services you have requested.
Personal data of third parties and children
1.7 If you provide us with Personal Data relating to any individual other than yourself (e.g. information of spouse, children, parents, employees and/or authorised representatives), you represent and warrant to us that:
(a) prior to disclosing such Personal Data to us, you had obtained the consent of these individuals, and that they have permitted you to disclose their Personal Data to us and permitted us to collect, use, disclose and/or process their Personal Data for the purposes set out below;
(b) the Personal Data of individuals that you disclose to us is complete, accurate, true and correct; and
(c) you are validly acting on behalf of such individuals and 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 set out below.
1.8 We do not and do not intend to, transact through our website directly with anyone whom we know to be under the age of 18. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any Personal Data to us. By providing any Personal Data to us, you declare and confirm that you are over the age of 18.
What are the purposes that we will use your Personal Data for?
1.9 Generally, the Personal Data collected by us from you will be used for the following purposes:
(a) a portion of the information is generated to guarantee the error free provision of the website;
(b) to analyse your user patterns;
(c) communicating marketing promotions, advertising and updates in relation to our goods and services;
(d) responding to your queries and feedback;
(e) obtaining feedback on our products and services;
(f) carrying out market research and surveys, and generally to assist us in our marketing efforts;
(g) managing, developing and improving our business and operations;
(h) verifying your identity;
(i) protecting and enforcing our contractual and legal rights and obligations;
(j) preventing, detecting and investigating crime, including fraud and money-laundering, and analysing and managing other commercial risks;
(k) safeguarding our interests in the event of any claim, litigation, suits;
(l) meeting any legal or regulatory requirements relating to our provision of services and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us or to our affiliates; and
(m) any other purpose relating to any of the foregoing purposes.
Disclosure of Personal Data
1.10. Subject to the provisions of any applicable law, we may share your Personal Data with the following third parties, whether they are located in Singapore or overseas:
(a) our subsidiaries, business partners and affiliates that distribute and market our products and/or services or provide related services in connection with our services;
(b) our auditors, consultants, lawyers, accountants or other professional advisers appointed in connection with our services;
(c) our third-party service providers, management companies, contractors, agents or other parties as may be deemed necessary by us to facilitate your dealings with us;
(d) any persons, government agencies, statutory authorities and/or industry regulators, for the purpose of complying with any applicable laws or regulations;
(e) anyone to whom we transfer or may transfer our rights and duties; and
(f) any other party to whom you authorise us to disclose your Personal Data.
What rights do you have as far as your information is concerned?
1.12. You may at any time request for access to, or correction of, your Personal Data currently in our possession or control, by submitting a request via email to email@example.com.
1.13. For a request to access Personal Data, once we have sufficient information from you to deal with the request, we will endeavour to provide you with the relevant Personal Data as soon as reasonably practicable. Please note that the PDPA exempts certain types of Personal Data from being subject to your request for access.
1.14. For a request to correct Personal Data, once we have sufficient information from you to deal with the request, we will endeavour to correct your Personal Data as soon as reasonably practicable. Please note that the PDPA exempts certain types of Personal Data from being subject to your request for correction. In addition, the PDPA also provides for circumstances where correction need not be made by us despite your request.
1.15. To help us maintain the accuracy of your Personal Data, we encourage you to inform us when there are any changes to your Personal Data which you have provided us by submitting such information via email to firstname.lastname@example.org. While we will take reasonable efforts to ensure that your Personal Data is accurate and complete, we will not be responsible for relying on inaccurate or incomplete Personal Data arising from you not updating us of any changes in your Personal Data that you had initially provided us with.
1.16. In general, you have the right to receive information about the source, recipients and purposes of your archived Personal Data at any time without having to pay a fee for such disclosures. You also have the right to request for the rectification or deletion of Personal Data – in this regard, please refer to the section “Right to demand processing restrictions” below for additional information. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.
Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues.
Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analysed when you visit this website. Such analyses are performed primarily with cookies and with what we refer to as analysis programmes.
For detailed information about these analysis programmes please consult our Data Protection Declaration below.
This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.
The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).
Our host will only process and retain your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.
3. General information and mandatory information
The operators of this website and its pages take the protection of your Personal Data very seriously. Hence, we handle your Personal Data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website is:
Brain Products Asia Pte Ltd
24 Raffles Place, #28-00, Clifford Centre
The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of Personal Data (e.g. names, e-mail addresses, etc.).
Designation of a data protection officer as mandated by law
We have appointed a data protection officer for our company.
Brain Products Asia Pte Ltd
24 Raffles Place, #28-00, Clifford Centre
Information on data transfer to the USA
Our website uses, in particular, tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are required to release personal data to security authorities without you as the data subject being able to take legal action against this. The possibility cannot therefore be excluded that US authorities (e.g. secret services) may process, evaluate and permanently store your data on US servers for monitoring purposes. We have no influence over these processing activities.
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6 SECT. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21 SECT. 1 GDPR).
IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21 SECT. 2 GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.
If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.
Information about, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived Personal Data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about Personal Data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law”.
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your Personal Data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law”. The right to demand restriction of processing applies in the following cases:
- In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your Personal Data.
- If the processing of your Personal Data were/are conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of these data.
- If we do not need your Personal Data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your Personal Data instead of its eradication.
- If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your Personal Data.
If you have restricted the processing of your Personal Data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
Rejection of unsolicited e-mails
We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section “Information Required by Law” to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.
4. Recording of data on this website
Our websites and pages use what the industry refers to as “cookies”. Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.
In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).
Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.
Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g. for the shopping cart function) or those that are necessary for the optimization of the website (e.g. cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operatorâ€™s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time.
You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.
In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.
Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
- The type and version of browser used
- The used operating system
- Referrer URL
- The hostname of the accessing computer
- The time of the server inquiry
- The IP address
These data is not merged with other data sources.
These data are recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.
The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your agreement (Art. 6 Para. 1 lit. a GDPR) if this has been requested.
The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods. We note also that the retention of your Personal Data under the PDPA is governed by the requirement of reasonableness, and have put in place policies to ensure that such data will be destroyed it is reasonable to assume that the purposes for that data are no longer being served
Request by e-mail, telephone or fax
If you contact us by e-mail, telephone or fax, your request, including all resulting Personal Data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.
These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.
The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.
5. Analysis tools and advertising
This website uses the WP Statistics analysis tool to evaluate visitor accesses statistically. The provider is Veronalabs, ARENCO Tower, 27th Floor, Dubai Media City, Dubai, Dubai 23816, UAE (https://veronalabs.com).
WP Statistics can be used to analyze the use of our website. In doing so, WP Statistics records, among other things, log files (IP address, referrer, browser used, origin of the user, search engine used) and actions that the website visitors have taken on the site (e.g. clicks and views).
The data collected with WP Statistics is stored exclusively on our own server and is not passed on to WordPress.
The use of this analysis tool is based on Art. 6(1)(f) GDPR. We have a legitimate interest in the anonymized analysis of user behavior in order to optimize both our websites and our advertising. If consent has been requested (e.g. consent to the storage of cookies), processing will be carried out exclusively on the basis of Art. 6(1)(a) GDPR; consent may be revoked at any time.
6. Plug-ins and Tools
YouTube with expanded data protection integration
Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (Google), Gordon House, Barrow Street, Dublin 4, Ireland.
We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.
As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.
Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device. With the assistance of these cookies, YouTube will be able to obtain information about our website’s visitor. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud. These cookies will stay on your device until you delete them.
Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.
The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6 Sect. 1 lit. f GDPR, this is a legitimate interest. If a corresponding agreement has been requested, the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.
Google Web Fonts
To ensure that fonts used on this website are uniform, this website uses so-called Web Fonts provided by Google. When you access a page on our website, your browser will load the required web fonts into your browser cache to correctly display text and fonts.
To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Web Fonts is based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If a respective declaration of consent has been obtained (e.g. consent to the archiving of cookies), the data will be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR. Any such consent may be revoked at any time.
If your browser should not support Web Fonts, a standard font installed on your computer will be used.
For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.
7. eCommerce and payment service providers
Processing of data (customer and contract data)
We collect, process and use Personal Data only to the extent necessary for the establishment, content organization or change of the legal relationship (data inventory). These actions are taken on the basis of Art. 6 Sect. 1 lit. b GDPR, which permits the processing of data for the fulfilment of a contract or pre-contractual actions. We collect, process and use Personal Data concerning the use of this website (usage data) only to the extent that this is necessary to make it possible for users to utilize the services and to bill for them.
The collected customer data shall be eradicated upon completion of the order or the termination of the business relationship. This shall be without prejudice to any statutory retention mandates.