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EMERALD LAW DATA PROTECTION POLICY & Terms of use

 

 At Emerald Law (“EL”), we take the protection of your personal data seriously. We are committed to the compliance of the Personal Data Protection Act 2012 of Singapore, any regulations enacted thereunder, and any guidelines that may be issued from time to time by the Personal Data Protection Commission  (collectively, the “PDPA“).

Our data protection policy (the “Policy”) sets out how we collect, use and disclose your personal data and applies our website at www.emeraldlaw.com.sg and all other relevant websites (the “Website”) and can assist you in understanding how we collect, use, or disclose and/or process the personal data you have provided to us so that you can make an informed decision before providing us with your personal data.

In this Policy, “Personal Data” refers to any data, whether true or not, about an individual 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, including data in our records as may be updated from time to time, but excludes “business contact information” as defined in the PDPA.

By interacting with us, using our website, submitting information to us, or engaging our services, you agree and consent to EL (including its branches, associate offices and affiliates), as well as our service providers and third parties appointed by us on your behalf (collectively, “us”, “we” or “our”) collecting, using and disclosing your Personal Data in the manner set forth in this Policy.

We may update this Policy from time to time on our Website. By continuing to interact with us, you agree to be bound by the prevailing terms of the Policy as so updated from time to time.

If you wish to contact us regarding this policy, you can email us at hello@emeraldlaw.com.sg

Introduction

 Generally, your Personal Data may be collected by us in the following ways:-

  1. in the course of engaging our services, or providing documentation or information to us;
  2. when you subscribe to our website or platforms (including electronic publications, updates, alerts, announcements);
  3. when you communicate or interact with us via telephone, letters, fax, face-to-face meetings, our website, email or other modes of contact. Telephone calls may be recorded;
  4. CCTV recordings while you are within our premises;
  5. when you attend a seminar or other event organised by us;
  6. photographs or videos taken by us or our representatives when you attend events hosted by us;
  7. when you request that you be included in an email or other mailing list;
  8. when you submit an employment application or provide documents or information such as your resume, from recruitment agencies and employment references;
  9. from public information sources, search services and other third parties; and
  10. when you submit your Personal Data to us for any other reason.

If you choose to communicate with us via our Contact Us form or through email or WhatsApp or Facebook we may keep the content of your email message along with your name, email, address, phone and other information provided. This allows us to process your questions and answer your requests. 

If you provide us with any Personal Data relating to a third party, by submitting such Personal Data to us, you also represent to us and must ensure that you have notified the third party of the terms of this Policy and obtained his consent thereto.

 

Purposes for which we Collect and Use Personal Data

Generally, your Personal Data may be used for the following purposes:-

  1. the provision of our services to you;
  2. responding to, processing and handling your queries, feedback and suggestions;
  3. verifying your identity, processing payments as well as managing our administrative and business operations (including the processing, storage, monitoring and backup of data);
  4. managing the security of our premises, facilities and technology infrastructure;
  5. providing updates and other communications on developments relating to the law and in respect of our firm;
  6. responding to complaints or queries;
  7. to send administrative email notifications e.g. security, support and/or maintenance notices;
  8. to improve our services and communications to you as well as the quality of your interaction with our website;
  9. complying with applicable laws and regulations, codes of practice or guidelines, policies, procedures, regulatory requirements (which may extend to know-your-client and related reviews) and directions issued by relevant authorities;
  10. the establishment, exercise or defence of any legal or equitable claim; and
  11. any other purpose relating to any of the above.

In addition, if you are seeking employment or any other appointment with us, we may use your Personal Data to:-

  1. process and assess your application;
  2. performing background checks, verifying your credentials and qualifications as well as obtaining employment references; and
  3. any other purpose relating to any of the above.

 

(collectively, the “Purposes”)

 

The purposes which we may/will collect use, disclose or process your personal data depend on the specific circumstances and may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of your personal data without your consent is permitted by the PDPA or law.

We may also disclose the personal data you have provided to us to our third party providers, agents, affiliates, related corporations, vendors and other third parties whether in or outside Singapore, for one or more of the above Purposes.

 

Disclosing your Personal Data

You agree that EL may disclose your Personal Data as follows:-

  1. to technical consultants, experts and foreign law firms assisting with your matters;
  2. to agents, contractors or third party service providers who provide technology solutions, support, operational or administrative services, such as for our online services, courier services, telecommunications, information technology, payment, payroll processing, training, market research, storage, archival, client support services;
  3. in connection with professional indemnity policies, and to our professional advisers including auditors;
  4. to any relevant authorities, including professional regulatory bodies and/or law enforcement agencies, whether local or overseas;
  5. to the extent necessary to comply with any laws, regulations, rules, directions, guidelines and other similar requirements;
  6. where permitted under law, external business and charity partners in relation to the Firm’s promotional events and seminars; and
  7. any other party to whom you authorise us to disclose your Personal Data.

You further understand, acknowledge and agree that where you have engaged us to carry out any work in any jurisdictions outside Singapore, the transfer of your personal data records to these jurisdictions may be necessary to give effect to your instructions and that you request and consent to our so transmitting your personal data outside Singapore. Personal data may therefore be exported to, processed and accessed in countries whose laws provide a different level of protection, which may not necessarily be comparable to that provided in Singapore.

Administration, Management and Security of Personal Data

We will take reasonable efforts to ensure that your Personal Data is accurate and complete, if your personal data is likely to be used by us to make a decision that affects you or disclosed to another organisation. However, this means that you must also update us of any changes in your Personal Data that you had initially provided us with. We will not be responsible for relying on inaccurate or incomplete personal data arising from your not updating us of any changes in your Personal Data that you had initially provided us with.

We will also put in place reasonable arrangements to ensure that your Personal Data is adequately protected and secured. Appropriate security arrangements will be taken to prevent any unauthorised access, collection, use, disclosure, copying, modification, leakage, loss, damage and/or alteration of your Personal Data. However, we are unable to assume responsibility for any unauthorised use of your Personal Data by third parties which are attributable to factors beyond our control.

Where your Personal Data is to be transferred out of Singapore, we will comply with the PDPA in doing so. This includes obtaining your consent unless an exception under the PDPA or the law applies, and taking appropriate steps to ascertain that foreign recipient organisation of the personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the PDPA.

 

Our Website

When you browse our website, you generally do so anonymously and we do not at our website automatically collect Personal Data, including your email address unless you provide such information to us. You may however wish to note the following:

 

Your Ip Address

An IP address is a number that is automatically assigned to your computer when you are connected to the Internet.

When you visit our website, your IP address is automatically logged in our server. We use your IP address to help diagnose problems with our server, and to administer our website. From your IP address, we may identify the general geographic area from which you are accessing our website; however, we will not be able to pinpoint the exact geographic location from which you are accessing our website. Generally we do not link your IP address to anything that will enable us to identify you unless it is required by applicable laws and regulations.

 

Cookies

A cookie is an element of data that a website can store on your computer. We use cookies in some parts of our website to store user preferences and record session information. This may also be used to help personalise services on our website.

You can adjust settings on your browser so that you will be notified when you receive a cookie. Should you wish to disable the cookies associated with these technologies, you may do so by changing the setting on your browser. However, your ability to use our website or the functionality thereof may be affected.

Please refer to your browser documentation to check if cookies have been enabled on your computer or for adjusting your browser settings to not to receive cookies.

Our website may contain links to other sites and resources that are operated or provided by third parties with different privacy practices. We have no control over and do not take any responsibility for these third party websites and their personal data handling practices, and you are encouraged to review the personal data policies of web sites you choose to visit which are linked from our website.

 Withdrawal of Consent, Access and Correction of your Personal Data

If you have any questions regarding how we are handling your Personal Data or about our compliance with the PDPA, would like to withdraw your consent to any use of your Personal Data as set out in this Policy, or would like to obtain access and make corrections to your Personal Data records, please contact us at hello@emeraldlaw.com.sg.

If you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, we may not be in a position to continue to provide our services to you.

 Representations and Warranties

Without prejudice to the foregoing, by accessing and using our website in any way (including without limitation using any documents, data, reports, automated templates or any other materials, or accessing any software programs, database systems or portals made available or enabled via the site), you represent and warrant that you have read, understand and consent to the collection, use and disclosure of your personal data as set out above.

 

EMERALD LAW TERMS OF USE

 

Terms and Conditions

This is an agreement between you and EMERALD LAW (“EL”) regarding the use of the EL website located at www.emeraldlaw.com.sg and its related websites (the “Website”). By accessing and using the site in any way (including without limitation using any documents, data, reports, automated templates, website links or any other materials, or accessing any software programs, database systems or portals made available or enabled via the site) you acknowledge and accept that your use of the site is subject to the terms and conditions as set out in the legal notices herein and in the Personal Data Policy found on www.emeraldlaw.com.sg, which provisions are incorporated by reference here (collectively, the “Terms”).

The Terms may be amended at any time and from time to time by posting such amended terms on the Website and you will agree to those amendments upon re-visitation of the Website

Disclaimers, Limitation and Exclusions of Liability

All information, text, data, documents, reports, forms, articles, content, graphics, infographics, files  and all other materials published on the site, including any software programs, database systems, website portals or links available or enabled on the site (collectively known as the “Online Content”) is provided on an “as is” and “as available” basis and we disclaim all representations or warranties of any kind, whether express or implied.

Any component or part of the Online Content provided by third parties is also delivered on an “as is” and “as available” basis and we will not be liable for any problems, non-delivery, defectiveness, non-performance, inaccuracy or error encountered by you in your use or access (as the case may be) of such Content. We are not, and you agree we are not, responsible for such third parties and the provision by them of any of the Online Content. In addition, we do not necessarily endorse any contents of websites operated by third parties that are linked to or from the site or are accessible via the site.

The Content is by necessity, general in nature and is not intended as financial, regulatory, legal or other professional advice. In particular, the Content is provided for information purposes only and does not constitute nor should it be construed (where applicable) as investment advice or a recommendation to transact or engage in any investment activity.

While every effort has been made to ensure the accuracy, correctness and/or functionality of the Content at the time of creation of the site, we cannot and do not warrant the accuracy, validity, fitness and/or functionality of any of the Content found on the site or any other sites linked to our site or reproduced with permission from other parties or that the site and the server is and will be free of viruses, and errors or omissions may occur.

We assume no responsibility or liability for

  1. any errors and/or omissions on the Website which may arise from any inaccuracy or appropriateness of the Online Content; or
  2. any damages whether direct or indirect which may (i) arise from or in connection with reliance on the Content, (ii) result from the loss of use of the Content, or (iii) caused by a distributed denial-of-service attack, hacking attempt, viruses or other technologically damaging material that may infect your hardware equipment, software programs, data or other proprietary material as a result of the use of the site or your downloading any material from the site or any web site linked to or from it; or
  3. any matter relating to you or any third parties accessing or using the site or the Content.

The use of the Website is wholly at your own risk.

You agree that neither your use of the site or any of its Content nor the transmission of emails to addresses on the site creates any solicitor-client relationship between you and the firm. Nothing in this Website may be used or constitutes as legal advice and you should seek independent legal advice if so required.

You further acknowledge that the internet and emails are generally insecure as a means of communication and as such, no confidential information should be provided to us as such disclosure will not be privileged or confidential. We are not responsible for a leak in any such confidential information if the confidential information was provided to us through the internet and emails or any other third party methods.

Certain components of our Online Content are provided by third parties. You further agree that your access to such services is also subject to and further conditioned on your accepting and abiding by the separate terms of use, privacy policies, and other policies posted on such third party sites.

Ownership and Copyright

You agree that all Content as well as any company names, trademarks, logos, trade names, is owned by or licensed to us and subject to copyright protection (collectively, the “Content”). All Content, including the manner in which the Content is presented or appears, and all information relating thereto, is owned by or licensed to us and subject to copyright protection. The Content may not be reproduced, duplicated, sold, transmitted or distributed, or otherwise exploited for any commercial purpose without our prior written consent.

You are granted a limited, non-sublicensable licence (revocable at any time) to access and use the site and the Content for non-commercial and personal use only. Such licence is subject to these Terms and further does not allow the use of any data gathering, harvesting or extraction methods whether automatic or manual. No framing of the site or creation of any hypertext links or deep links between the site and any other website is allowed except without prior written consent.

We reserve the right, without notice and in our sole discretion, to terminate your licence to use the site, and to block or prevent your future access to the site.

Where information/material is reproduced from elsewhere, copyright in respect of these works remain with their respective owners.

Acceptable Use

As a condition of use, you agree that you shall not use the site or any part thereof of it for any purpose prohibited by the Terms or applicable law. You shall not (and shall not permit any third party to):

  1. interfere with (or attempt to interfere with) the proper functioning of the site or use the site in any way not expressly permitted by the Terms; or
  2. engage in (or attempt to engage in) any potentially harmful or damaging acts directed against us or the site, including without limitation, violating any security features of the site, using such means (whether automated or manual) to access, ‘scrape’, or ‘crawl’ (or by any other similar means) any pages contained within the site, introducing viruses, worms or similar harmful or damaging software or code into the side, or interfere with the use of the site by any other use, host, or networks, including by means of ‘flooding’, ‘spamming’, or ‘crashing’ the site.
  3. User Content

Where you are able to and do upload, post, email or make available any information, data, text and/or other materials on any portion of the site (the “User Content“), you acknowledge and agree that you (and other users of the site) are wholly responsible for such User Content and that we are not liable for the deletion or accuracy of such User Content or for the failure to retain, transmit or receive transmission of such content.

In addition, we are not obliged to screen and/or filter User Content (including content made available by third parties on the site) prior to its availability on the site but we reserve the right in our sole discretion to refuse or remove any User Content or to remove any User Content that violates the Terms.

Indemnification

You agree to indemnify us in whole for any and all claims, losses, liabilities and expenses (including legal fees) arising from your use of the site or any violation of these Terms.

If you do not agree with the above, please direct your browser elsewhere immediately. For more information, please contact us at hello@emeraldlaw.com.sg.

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