PRIVACY POLICY
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE PIBARTER PLATFORM AND SERVICES.
1. OVERVIEW.
This Privacy Policy describes our privacy and data protection practices in connection with the Pibarter Platform and our Services, as well as the rights available to you with respect to your Personal Data.
Pibarter Platform provides services to Merchants as described in our Terms of Use (“Services”). For more information about our Services, please refer to our Terms of Use available on our Website. Pibarter is a registered trade mark in the Intellectual Property Office of Singapore under No. 40202327624R.
The Website: https://www.pibarter.com (“Website”) is owned and operated by Pibarter Private Limited, a company with address at 60 Paya Lebar Road #06-28 Paya Lebar Square, Singapore 409051 (Collectively referred to herein as “We”, “Us” or “Platform”).
For the purposes of this document, “You” means any individual who may access, register and use our Platform and Services.
This Privacy Policy guarantees your privacy and data protection rights in accordance with the Personal Data Protection Act 2012 and its Amendment Act 2020 (collectively referred to herein as the “PDPA”) and the Personal Data Protection Regulations 2021 (“PDP Regulations”) in force in Singapore, as well as the General Data Protection Regulation (GDPR) approved by the European Parliament and any other applicable regulations.
This Privacy Policy constitutes a legally binding agreement between you and us regarding your privacy and data rights.
This Privacy Policy is incorporated into and subject to our Terms of Use.
BY ACCESSING AND REGISTERING ON THIS PLATFORM, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE LEAVE THIS PLATFORM IMMEDIATELY AND DO NOT USE OUR SERVICES.
2. APPLICATION OF THIS PRIVACY POLICY.
This Privacy Policy applies to Personal Data collected from you, as described in Section 8 below, when you access and register our Website to use our Platform Services.
This Privacy Policy does not apply to any information about you provided by third parties or publicly available with no restrictions. We are not responsible for the privacy practices of third parties.
3. ELIGIBILITY.
The access and use of this Platform is exclusively available for individuals who can enter into legally binding contracts as prescribed under applicable laws.
Individuals who are above the legal age as prescribed by applicable laws and are competent to enter into a legally binding contract, are eligible to use this Platform and our Services.
By accessing and registering on this Platform, you represent that you are of legal age and have full legal capacity to use this Platform and our Services in your jurisdiction.
4. ORGANISATION.
We are the data controller of your Personal Data (“Organisation”). Our details are as follows:
– Business name: Pibarter.
– Owner: Pibarter Private Limited.
– Address: 60 Paya Lebar Road #07-54 Paya Lebar Square, Singapore 409051.
– Website: https://www.pibarter.com
– Email: info@pibarter.com.
By accepting this Privacy Policy, you expressly agree and consent that we are the data controller of the Personal Data that you provide when you access and use this Platform and Services and that we are the Organisation in regard to your Personal Data for the purposes of the PDPA and the PDP Regulations, including any other applicable laws or regulations.
5. CONSENT.
By accepting this Privacy Policy you grant us your express, free, unequivocal, informed and specific consent to collect your Personal Data in accordance with this document.
Furthermore, you agree to gran us a non-exclusive, worldwide, temporary, revocable, royalty-free, sub licensable, right to exercise the copyright, publicity, and/or any database rights (but no other rights) you have on your Personal Data, in any media now known or that may be known in the future, with respect to your Personal Data, solely for the purpose of enabling us to use your Personal Data to allow you to use this Platform and our Services and to avoid infringing any rights in that information.
We do not collect Personal Data from you or any third party without the prior express consent of the owner of such data.
You have the right to withdraw your consent at any time, in which case you must request us to cancel your user account and you must immediately suspend the use of our Platform and Services. If you withdraw your consent, this Privacy Policy and our Terms of Use will terminate immediately.
By accepting this Privacy Policy you expressly represent and warrant that you are of legal age, and accordingly, in the legal capacity to consent to the collection, processing and use of your Personal Data in accordance with this document and the applicable laws.
6. ACCOUNTABILITY.
We comply with the principle of accountability under the PDPA and therefore:
a) We have drafted and implemented this Privacy Policy;
b) We inform our employees, partners, consultants, data intermediaries, service providers and advertisers about this Privacy Policy and instil a culture of accountability in this Organisation through regular staff training and awareness programmes about the responsibility to protect our users’ personal data.
c) We appoint a Data Protection Officer (DPO) to ensure that this Organisation complies with the PDPA and the PDP Regulations and to respond to enquiries and complaints from our users about their personal data and to inform them of our data protection policies and practices, as described in Section 18 below; and
d) We established the processes and practices necessary to meet our obligations under the PDPA and the PDP Regulations by designing and implementing monitoring mechanisms and controls to ensure that privacy and data protection policies and procedures are effectively implemented, as set forth in Section 13 below.
7. PURPOSE OF DATA COLLECTION.
We will only collect your Personal Data when necessary and for the purposes of providing you with our Platform Services as described in this Privacy Policy and our Terms of Use.
We will not collect, process, use or transfer your Personal Data for any purposes other than those set out in this Privacy Policy and our Terms of Use.
8. DATA WE COLLECT.
We will only collect your information in accordance with this Privacy Policy and the PDPA.
In accordance with the PDPA “personal data” means any data, whether true or not, about 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 (“Personal Data” and/or “Data”).
The Personal Data we collect from you is as follows:
a) Data provided by you:
During the registration process on our Website, we collect certain information from you, such as your first name, last name, address, email address and payment method.
We also may request you other additional information, at any time, to verify you comply with our eligibility requirements set forth in Section 3 of this Privacy Policy, and any applicable laws or regulations.
b) Data collected automatically by us:
We may automatically collect the following Data about you:
– Device data, such as device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, and geographic location.
– Online activity data, such as access times and access duration, pages or screens you viewed; how long you stayed on a page or screen; navigation paths between pages or screens; products and services purchased, etc.
We reserve the right to confirm and validate the Personal Data provided by you at any time. In the event that we determine that the Personal Data provided by you is unlawful, fraudulent, erroneous or incorrect (totally or partially), we may suspend or cancel your user account.
We have the right to file a proceeding if you provide unlawful, false, fraudulent, erroneous or incorrect Personal Data, in addition to using any other legal remedy available according to applicable laws.
9. HOW WE USE YOUR DATA.
We use your Personal Data to:
– Provide our Services in accordance with our Terms of Use and this Privacy Policy;
– Identify you, in order to provide you with our Services;
– Identifying usage patterns of our Website and Services for identifying potential problems or avenues of improvement;
– Enable security features of the Website and Services;
– Send you our emails and text messages as described in Section 21 below.
– Answer your requests, inquiries and complaints about our Platform;
– Monitoring your compliance with acceptable rules of use of our Platform; and
– Comply with applicable laws and regulations.
10. DATA RETENTION.
We will only retain the Personal Data we collect from you for as long as is necessary to enable you to use our Platform and Services, in accordance with the retention limitation obligation set forth under the PDPA. This period will not exceed five (5) years from the date of cancellation or termination of your user account for any reason, in order to comply with our obligations to the Inland Revenue Authority of Singapore (IRAS).
However, please note that we will retain and use your Personal Data and any other information provided by you, to the extent necessary to comply with our legal obligations, as well as, resolve disputes and enforce our legal agreements and policies.
11. DATA SUBJECT RIGHTS.
You have the following rights regarding your Personal Data:
a) Right to be Informed.
You have the right to be informed about the collection, use, store, transfer and disclosure of your Personal Data by us. For this reason, we have drafted this Privacy Policy and will inform you of any breach of your Personal Data.
b) Right to Access.
You have the right to request access to the Personal Data that us holds about you, including the right to know how their data is being used by us.
c) Right to Correction.
You have the right to request corrections to any inaccurate or incomplete Personal Data about you that we have collected and stored.
d) Right to Data Portability.
This right will come into force when the relevant regulation is issued and you may request us to transfer your Personal Data to another Organisation in a commonly used machine-readable format.
e) Right to Withdraw Consent.
You may withdraw your consent to the collection, processing, use or disclosure of your Personal Data at any time, provided that the withdrawal does not affect the lawfulness of the processing based on the consent prior to its withdrawal.
f) Right to Accuracy.
You have the right to the accuracy and completeness of the Personal Data we collect from you and we will use our best efforts to ensure such accuracy and completeness, provided that the personal data you provide to us is true, current, accurate and complete.
g) Right to Protection
You have the right to the protection of your Personal Data that we collect from you, under our possession or control , and to have us take reasonable security measures to prevent unauthorised access, collection, use, disclosure, copying, modification, deletion, loss or similar risks.
h) Private Right of Action.
You have the right to bring a civil action in any court of competent jurisdiction if you suffer direct loss or damage as a result of our breach of this Privacy Policy.
i) Right to Complain.
You have the right to lodge a complaint with us or the Personal Data Protection Commission (PDPC) if you believe that your rights under this Privacy Policy and/or the PDPA and PDP Regulations have been breached.
12. HOW TO EXERCISE YOUR RIGHTS.
You may exercise the rights described in Section 11 above, at any time, contacting our Data Protection Officer (DPO) as described in Section 18 below. Please note that we will verify your identity prior to responding to any request.
You also may file your request or complaint with the Personal Data Protection Commission (PDPC) at 10 Pasir Panjang Road, #03-01 Mapletree Business City Singapore 117438. Phone: +65 6377 3131. Fax: +65 6577 3888. Website: https://www.pdpc.gov.sg.
13. PROTECTION OF YOUR PERSONAL DATA.
We guarantee the privacy, confidentiality and protection of your Persona Data and also guarantees that we have implemented physical and electronic security measures, as well as other appropriate administrative procedures to prevent unauthorized or unlawful access by third parties to such information.
Our data protection and security practices include, but are not limited to:
– The continuous review and updates of our security policies and controls, as technology changes to ensure ongoing Information security;
– Implementation of reasonable and appropriate technical security measures to protect the Personal Data we process, from unauthorized access, alteration, disclosure, loss or destruction;
– Application of the duty of confidentiality for any authorized personnel who processes the Information provided by you;
– Regular audits of the security measures of our Platform and Services by requesting third party experts to review our security controls against international standards. These audits help us to further improve our security levels; and
– All Information is encrypted in transit, and where possible specific fields are encrypted at rest using industry recognized cryptographic measures.
14. DATA SHARED WITH THIRD PARTIES.
We do not use, share, sell or exchange any of your Persona Data with third parties for any purposes without your express consent. However, in order to enable you to use our Platform and Services, we may share your Persona Data with third parties that we hire to perform services or operate on our behalf as our data processors and service providers (“Data Intermediaries”). In all cases in which we share your Persona Data with a third party for the purpose of providing you our Services, we will not authorize them to keep, disclose, sell and/or use your information with others except for the purpose of providing the services we asked them to provide.
By accepting this Privacy Policy, you expressly give us authorization to use and share your Persona Data with our Data Intermediaries, under their corresponding privacy conditions, within the limits set in this Privacy Policy.
We are not responsible for the privacy and data protection practices of our Data Intermediaries or any third party. However, we warrant that we have used reasonable efforts to determine that our Data Processors have adequate technical and organizational measures in place and are able to satisfy the privacy, security and data protection parameters used by us.
15. DATA DISCLOSURE.
We may share or disclose your Personal Data in accordance with applicable laws. Additionally, we must cooperate with law enforcement inquiries, as well as other third parties to enforce laws, as well as to help protect you and us, and all our users of any crime or fraud. For this reason, and in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal or fraudulent activity, we may (and you expressly authorize us to) disclose the Personal Data we collect from you, in accordance with this Privacy Policy, without a subpoena. However, in an effort to respect your privacy, we will not otherwise disclose your Personal Data to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of your Personal Data is necessary to prevent imminent physical harm, fraud or financial loss; or report suspected illegal or fraudulent activities.
We are committed to notifying you, as soon as possible, in the event that we receive any legal request from a public authority, including judicial authorities, regarding your Personal Data within the limits established by applicable law.
16. DATA TRANSFER LIMITATION.
We are based in Singapore, Republic of Singapore, and offer our services in our country and globally. Our servers may be located in our country and in other locations.
We process and store your Personal Data in our country and other locations. Also, our Data Intermediaries may process and store your Personal Data in their countries or elsewhere.
Before transferring your Personal Data outside of our country, we will ensure that the recipients of such information, including our Data Intermediaries located in other countries, comply with the requirements and standards set forth in this Privacy Policy, in accordance with the PDPA.
If you are located outside the Republic of Singapore and choose to provide us with your Personal Data, we will transfer such information to our country and/or other locations for due processing and storage, and our Data Intermediaries may process and store your Personal Data in this country or any other place.
If you are a resident of the Republic of Singapore, you expressly accept and acknowledge that some countries may not have the same data protection laws and regulations as our country. Notwithstanding, we will always apply this Privacy Policy to ensure the privacy and protection of your Personal Data and we will ensure that our Data Intermediaries are aware of this Privacy Policy and we will urge them and make our reasonable efforts to ensure that they implement the necessary and adequate measures to comply with the privacy, security and data protection parameters set forth herein.
By accepting this Privacy Policy you have expressly given us your consent and authorization to transfer your Personal Data to the Republic of Singapore and other countries, including any places where our Data Intermediaries may be located at, if necessary, to allow you to use our Platform and provide you our Services.
17. DATA BREACH NOTIFICATION.
We will notify you and the Personal Data Protection Commission (PDPC) in the event of a breach of your Personal Data within 3 days of becoming aware of the data breach if it (a) results or is likely to result in significant harm to you as a data subject and affected individual; or (b) is or is likely to be of a significant scale.
18. DATA PROTECTION OFFICER.
We have appointed a Data Protection Officer (“DPO”) to oversee compliance with this Privacy Policy and to respond to our users’ inquiries and complaints regarding their Personal Data in order to comply with our obligations under the PDPA.
You may contact our DPO at any time with any requests, questions or complaints about your Personal Data by sending an email to: [Include email address].
19. EUROPEAN UNION RESIDENTS (GDPR).
If you are located within the European Union or if you are a resident of any member country of the European Union, you are entitled to the data protection rights set forth in the General Data Protection Regulation (“GDPR”) approved by the European Parliament, as described below.
19.1. Data Subject Rights.
a) Right to be Informed.
You have the right to be informed about the collection, use and disclosure of your Personal Data. For this reason, this Privacy Policy describes and explains how we collect, use, store and may transfer your Personal Data.
b) Right to Data Access and Portability.
You may issue queries or ask questions about your Personal Data by email at any time, and we will provide you with such information in a structured, commonly used, machine-readable format, or (where technically feasible) to have it ported directly to another data controller, provided this does not adversely affect the rights and freedoms of others.
c) Right to Data Rectification.
You have the right to ask us to update, rectify or complete your inaccurate or incomplete Personal Data. Please keep in mind that notwithstanding that all reasonable efforts will be made by us to keep your Personal Data updated, you are kindly requested to inform us promptly of any change, error or inaccuracy in your Personal Data.
d) Right to Data Objection or Restriction.
You have the right to object or request us to suspend the processing of your Personal Data when you have a legitimate interest (or those of a third party) and there is something about your particular situation that causes you to object to the processing because it makes you feel it impacts your fundamental rights and freedoms. Please note that we only process your Personal Data when this is necessary to provide you with our Services and/or when it is necessary to comply with a legal obligation to which we are subject to, as when processing is necessary to protect your interests or those of another person or entity.
e) Right to Data Deletion (Right to be Forgotten).
You have the right to ask us to delete your Personal Data when it is not relevant to the purpose for which we collect it, once the data retention period set forth in Section 10 above has elapsed. However, please note, there may be legal obligations which may prohibit us from deleting all or part of the Personal Data held about you at the time of the request, however, we will process your request at the earliest opportunity whenever the data retention period expires in accordance with Section 10 above.
f) Right related to Automated Decision-Making and Profiling.
You are protected against potentially harmful automated decisions and profiling. You have the right to request human intervention, express your point of view, and appeal the decision.
g) Right to Withdraw Consent.
You have the right to withdraw your consent at any time.
h) Right to File a Complaint.
You have the right to file a complaint with us or the relevant data protection authority in your country if you believe that your privacy and data protection rights have been violated.
19.2. How to Exercise Your Rights.
You may exercise the rights described in this Section 19, at any time by contacting our Data Protection Officer (DPO) as described in Section 18 above. We will attempt to respond to your request within five (5) business days.
Please keep in mind that occasionally it may take us longer if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated on the status.
You may also exercise the above rights by contacting the relevant data protection authority in your country of residence within the European Union.
19.3. Data Transfer.
Pursuant to Section 16 above, if you are located within the European Union or if you are a resident of any member country of the European Union, we will transfer your Personal Data to the Republic of Singapore or any other location where our Data Intermediaries are located to enable you to use this Platform and our Services. By agreeing to this Privacy Policy, you expressly consent to such transfer.
This Privacy Policy complies with the requirements and standards established by the GDPR for the privacy and protection of your Personal Data. For this reason, before transferring your Personal Data to our country or any other location, we will ensure that our Data Intermediaries comply with the requirements and standards set forth in this Privacy Policy and the GDPR.
For the purposes of the GDPR, the details of the Personal Data we may transfer from individuals residing or located in the countries of the European Union are as follows:
– Data Controller (Organisation): Pibarter Private Limited.
– Data Processors (Data Intermediaries): Our data processors, service providers and advertisers.
– Place:
– Pibarter Private Limited: Republic of Singapore.
– Data Processors: Republic of Singapore or the countries where our Data Intermediaries are located.
– Category of Data Subjects: Users.
– Data Category: Personal Data.
– Sensitive Data: We do not collect sensitive data.
– Frequency of the Transfer: Each time an individual accesses, registers and uses our Platform and Services.
– Nature of the Processing: Collection, process, storage and transfer.
– Purpose of Data Transfer and Processing: To enable our users to use this Platform and Services
– Data Retention Period: five (5) years in accordance with Section 10 above.
20. NO CHILDREN DATA.
This Platform is not intended for the use of children. We do not collect, process, store, or use data or information from children.
If we become aware that a child has provided us with Personal Data, we will immediately remove such data from our database and servers. If you are the parent or legal guardian of a child and believe that we have collected Personal Data from your child, please contact our DPO.
21. EMAILS AND TEXT MESSAGES..
We may send you emails and text messages from time to time to inform you of service offers and important improvements and updates to our Platform and Services.
You may opt out of receiving these emails and text messages at any time by clicking on the email and text message unsubscribe option available on our Website.
However, other emails and text messages will be sent to you automatically, such as system notifications necessary for the provision of our Services and the operation of our Platform, for which you will not be able to opt out.
By registering on our Website, you give us your express consent to receive our emails and text messages, as described in this Section.
22. COOKIES.
A cookie is a small text file that websites store via browsers on each user’s devices, upon prior consent, when they visit any website. Cookies are widely used in order to make websites work more efficiently and provide a better service and web features for their users. Cookies allow websites to identify and track their users, enabling them to recognize the user´s needs and preferences as well as provide them with security features.
Our Website uses “First Party Cookies” set up by us, and “Third-Party Cookies” set up by our Data Intermediaries and advertisers. Cookies and their use are described below.
22.1. First-Party Cookies.
These Cookies are directly stored by our Website. These Cookies allow us to collect analytics data, remember users settings, and perform other useful functions that provide a good experience to our visitors and users (e.g. Strictly Necessary Cookies; Performance Cookies; and Functionality Cookies).
22.2. Third-Party Cookies.
These Cookies are created by third party websites that are not our Website, including but not limited to our Data Intermediaries and advertisers. These types of Cookies are usually used for online-advertising purposes and placed on any website through a script or tag. A Third-Party Cookie is accessible on any website that loads the third-party server’s code. (e.g. Targeting Cookies).
22.3. Your Consent.
When you first visit our Website we will require your consent to continue with the use of Cookies. By Clicking “Accept” when you first access this Website you are giving us your express, free, unequivocal, informed and specific consent to use First-Party Cookies and Third-Party Cookies on our Website in accordance with this Privacy Policy.
22.4. Purpose of Cookies.
We use Cookies to:
– Identify you when you use our Platform and Services;
– Provide our Services;
– Store information about your preferences and personalize our Services;
– Implement security measures to protect your Personal Data, including the prevention of fraudulent use of login credentials, and to protect our Website and Services;
– Display advertisements that will be relevant to you; and
– Analyze the use and performance of our Platform and Services.
22.5. Cookies Control.
You may easily control Cookies usage through your browser settings. If you do not know how to adjust the use of Cookies in your browser, please consult the support section in your browser or in the relevant website.
23. CHANGES TO THIS PRIVACY POLICY.
We may amend this Privacy Policy, from time to time, in our sole discretion, by posting a revised version on our Website, providing notice on thereon. If you do not agree to the changes adopted, then you must stop the access or use of our Platform and Services immediately.
Any modifications to this Privacy Policy will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of our Platform and Services after the posting of any change of this Privacy Policy indicates that you express your acceptance of such modifications.
24. GOVERNING LAW AND JURISDICTION.
This Privacy Policy shall be governed by and construed in accordance with the laws in force in the Republic of Singapore without regard to conflict of laws provisions. In case of any disputes, you hereby agree to submit to the exclusive jurisdiction of the Courts of Singapore, Republic of Singapore.
25. MISCELLANEOUS
25.1. Entirety: This Privacy Policy and our Terms of Use, constitutes the entire agreement between you and us and will supersede and replaces all prior written or oral agreements.
25.2. Severability: If a court of competent jurisdiction holds any provision of this Privacy Policy to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of our Privacy Policy, and they shall continue in full force and effect.
25.3. No Waiver: Our failure to insist upon strict performance of any provision of this Privacy Policy shall not be deemed a waiver of any of our rights or remedies with respect to any present or future failure by you to perform or comply with any of your obligations to us.
25.4. Interpretation: The headings in this Privacy Policy do not affect its interpretation.The use of any gender includes all genders. The singular includes the plural and vice-versa. This Privacy Policy was originally prepared in the English language. Although we may provide one or more translated versions of this Privacy Policy for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the provisions of this Privacy Policy will be construed as having been drafted jointly by you and us, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Privacy Policy.
25.5. Enforcement Across Borders: This Privacy Policy is subject to Section 25.7 of our Terms of Use. Please see our Terms of Use for more details.
Directory Disclaimer: The Pibarter Platform acts solely as a directory and advertising venue. We do not facilitate or guarantee the actual exchange of goods or services between users. Any transaction entered into between a user and a merchant is solely between them. We are not a party to such transactions.
26. CONTACT US.
If you have any questions, comments or complaints regarding this Privacy Policy, you may contact our DPO by email as described in Section 18 above.