Kritique© adheres to the personal data protection act 2012
(Under current review with legal authorities. appropriate modifications pending)
What information does the application obtain and how is it used?
User provided information
The application obtains the information you provide when you download and register the application. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the application unless you register with us.
When you register with us and use the application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the application, and; (e) information you enter into our system when using the application, such as contact information and project management information.
We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.
Automatically collected information
In addition, the application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device id, the ip address of your mobile device, your mobile operating system, the type of mobile internet browsers you use, and information about the way you use the application.
The application does collect precise real time location information of the device?
This application does not collect precise information about the location of your mobile device.
Do third parties see and/or have access to information obtained by the application?
Only aggregated, anonymized data is periodically transmitted to external services to help us improve the application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose user provided and automatically collected information:
- As required by law, such as to comply with a subpoena, or similar legal process;
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- With our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
You can stop all collection of information by the application easily by uninstalling the application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at email@example.com
Data retention policy, managing your information
We will retain user provided data for as long as you use the application and for a reasonable time thereafter. We will retain automatically collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete user provided data that you have provided via the application, please contact us at support@digitalassessmentdisks.Com and we will respond in a reasonable time. Please note that some or all of the user provided data may be required in order for the application to function properly.
We do not use the application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Overview: What is personal data?
Personal data refers to 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. Personal data in singapore is protected under the personal data protection act 2012 (PDPA).
What is the personal data protection act?
The PDPA establishes a data protection law that comprises various rules governing the collection, use, disclosure and care of personal data. It recognises both the rights of individuals to protect their personal data, including rights of access and correction, and the needs of organisations to collect, use or disclose personal data for legitimate and reasonable purposes.
The PDPA provides for the establishment of a national do not call (DNC) registry. The DNC registry allows individuals to register their singapore telephone numbers to opt out of receiving marketing phone calls, mobile text messages such as sms or mms, and faxes from organisations.
Objectives of the personal data protection act
Today, vast amounts of personal data are collected, used and even transferred to third party organisations for a variety of reasons. This trend is expected to grow exponentially as the processing and analysis of large amounts of personal data becomes possible with increasingly sophisticated technology.
With such a trend comes growing concerns from individuals about how their personal data is being used. Hence, a data protection regime to govern the collection, use and disclosure of personal data is necessary to address these concerns and to maintain individuals’ trust in organisations that manage data.
By regulating the flow of personal data among organisations, the PDPA also aims to strengthen and entrench Singapore's competitiveness and position as a trusted, world-class hub for businesses.
How does the personal data protection act work?
The PDPA will ensure a baseline standard of protection for personal data across the economy by complementing sector-specific legislative and regulatory frameworks. This means that organisations will have to comply with the PDPA as well as the common law and other relevant laws that are applied to the specific industry that they belong to, when handling personal data in their possession.
The PDPA takes into account the following concepts:
- Consent – Organisations may collect, use or disclose personal data only with the individual's knowledge and consent (with some exceptions);
- Purpose – Organisations may collect, use or disclose personal data in an appropriate manner for the circumstances, and only if they have informed the individual of purposes for the collection, use or disclosure; and
- Reasonableness – Organisations may collect, use or disclose personal data only for purposes that would be considered appropriate to a reasonable person in the given circumstances.
Application of the personal data protection act
The PDPA covers personal data stored in electronic and non-electronic forms.
The data protection provisions in the PDPA (parts III to VI) generally do not apply to:
- Any individual acting in a personal or domestic basis.
- Any employee acting in the course of his or her employment with an organisation.
- Any public agency or an organisation in the course of acting on behalf of a public agency in relation to the collection, use or disclosure of the personal data. You may wish to refer to the personal data protection (statutory bodies) notification 2013 for the list of specified public agencies.
- Business contact information. This refers to an individual’s name, position name or title, business telephone number, business address, business electronic mail address or business fax number and any other similar information about the individual, not provided by the individual solely for his or her personal purposes.
These rules are intended to be the baseline law which operates as part of the law of singapore. It does not supersede existing statutes, such as the banking act and insurance act but will work in conjunction with them and the common law.
When did the personal data protection act come into effect?
The PDPA took effect in phases starting with the provisions relating to the formation of the PDPC on 2 January 2013. Provisions relating to the DNC registry came into effect on 2 January 2014 and the main data protection rules on 2 July 2014. This allowed time for organisations to review and adopt internal personal data protection policies and practices, to help them comply with the PDPA.
Development of the personal data protection act
In the development of this law, references were made to the data protection regimes of key jurisdictions that have established comprehensive data protection laws, including the EU, UK, Canada, Hong Kong, Australia and new Zealand, as well as the OECD guidelines on the protection of privacy and trans border flow of personal data, and the apec privacy framework. These references are helpful for the formulation of a regime for Singapore that is relevant to the needs of individuals and organisations, and takes into account international best practices on data protection.
Three public consultations were conducted since 2011 to seek feedback on the proposed data protection regime. The public consultation sought the public’s views on topics including the coverage of the proposed law, the proposed data management rules and transitional arrangements for organisations to comply with the new law. For more information on the public consultations, please visit the MCI website.
These terms and conditions apply to your use of the Kritique© application and other related online and offline platform (“Kritique©”), as well as to all information, recommendations and/or services (defined below) provided to you by means of your use of Kritique©.
Definitions and Interpretation
- In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise: “Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the app; “participating providers” means the agents operators who use Kritique© are offered and may be requested through the use of Kritique©; “services” means any and all services provided by us to you by m eans of your use of Kritique©, which include the services described in clause 3(a); “SGD” means Singapore dollars, the lawful currency of Singapore; “Singapore” means the republic of Singapore; “app” means the “Kritique©" mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the services; and “terms” means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause 10.
- Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
- A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
License of App
- Subject to your compliance with these terms, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
- Your use of Kritique© grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the app and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the services in accordance with these terms.
- You must not (i) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the services or the app in any way; (ii) modify or make derivative works based upon the services or app; (iii) create internet “links” to the services or “frame” or “mirror” any app on any other server or wireless or internet-based device; (iv) reverse engineer or access the app in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the services or app, or (3) copy any ideas, features, functions or graphics of the services or app, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the services or app.
- We offer a technology platform to provide information and a means for you to obtain courier and logistics services from participating providers through the use of Kritique©.
- You acknowledge and agree that we only act as an intermediary between you and the participating providers and we are not your agent or the agent of the participating providers. We are not a transportation carrier and do not provide transportation services. We are not responsible for the behaviour, negligence, conduct, actions or inaction on the part of the participating providers that you may use (through Kritique© or otherwise). Any contract for the provision of courier and logistics services is between you and the participating providers and not us. We shall never be a party to any agreement (to be) entered into between you and any participating providers. If you have any complaint in relation to the courier and logistics service provided then that dispute must be taken up with the participating provider directly.
- You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to Kritique© and the services. (d) We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.
Your use of Kritique© and the services you agree:
- and warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times;
- you will not use Kritique© or the services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders Kritique© or the services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
- to comply with all applicable laws while using Kritique© or the services;
- you will not use the Kritique© or the services to cause nuisance, annoyance or inconvenience;
- to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
- to provide us with whatever proof of identity we may reasonably request;
- to treat participating providers introduced to you through Kritique© with respect and not engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their services; and
- to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these terms. We reserve the right to suspend, restrict or terminate your access to Kritique© and the services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these terms or in our opinion you misuse Kritique© or the services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
Indemnification By accepting these terms and using Kritique© or the services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
- Your violation or breach of any term of these terms or any applicable law or regulation, whether or not referenced herein;
- Your violation of any rights of any third party, including participating providers arranged via Kritique©, or
- your use or misuse of Kritique© or the services.
- The app is provided to you on an “as is” basis. We do not guarantee that the App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the app and our website are correct, up to date and accurate.
- We do not warrant and accept no liability in connection with the availability of the services, the accuracy of the information or data provided as part of the services or the quality, suitability and timeliness of the services of the participating providers.
- The use of Kritique© and the services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use Kritique© or the services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed an amount of SGD100.
- You may not assign or transfer any of your rights or obligations under these terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these terms to any person.
- We may give notice by means of a general notice on Kritiqueor by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
- If any provision under these terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
- The original text of these terms is in english. In the event of any inconsistency between the english text and any foreign language translation, the english text shall prevail.
Governing law and jurisdiction
- Hese terms shall be governed by and construed in accordance with the laws of singapore. Both you and we agree to submit to the exclusive jurisdiction of the courts of singapore as regards any dispute or matter arising under these terms.
- In consideration of Kritique© provision of service, you shall pay to Kritique© such amount of fees as determined by Kritique© upon your application for use of the Kritique©' service.
- There will be no refund of the fees once paid to Kritique©.