“DPO-in-Box” TERMS OF USE

These terms of use (“ToU”) between the subscriber (“you”, “the Subscriber”) and Straits Interactive Pte Ltd (“Straits”, “we”, “our”, “us”) of our proprietary data protection management software-as-a-service tool called “DPO-in-Box” (hereinafter “Tool”) and Straits Interactive provides the Tool to you to Use on these ToU. ‘Use’ means you may use the Tool only for processing your own organisation’s data or, where you are a professional service provider, on behalf of your clients (“Subscriber Data”) for your own internal business purposes through a popular web-browser that is supported by Straits Interactive.
You accept these ToU when you either: (a) purchase one of the Tool’s subscription plans based on its respective terms (“Subscription Plans”) or (b) sign up for a Basic Plan on its terms (“Basic Plan Terms”) through our Website

BASIC PLAN (FREE)

Where you subscribe to the Basic Plan of the Tool, we will make the limited version of the Tool available to You to Use on the Basic Plan Terms (“Limited Tool”). All data that you enter into the Limited Tool will be permanently deleted after three (3) months of inactivity.

TERMINATION

Notwithstanding the Subscription Terms:

  • Straits Interactive may terminate these ToU (by terminating or suspending your access to the Tool) immediately and without prior notice or liability for any reason whatsoever, including if you breach the terms of this ToU and you can in effect terminate these ToU by simply ceasing to use the Tool.

SUPPORT AND AVAILABILITY OF THE TOOL

You acknowledge that:

  • while we will use reasonable endeavours to maintain availability of the Tool, we do not guarantee 100 percent availability and Straits will not have any liability to you for any unavailability of the Tool no matter what causes, or results in, such unavailability; and
  • we may make improvements to the Tool (“Improvements”) as we think fit and what we consider reasonable.
We may also provide reasonable support and guidance on the Improvements and/or the Tool to you.

USE AND RESTRICTIONS OF TOOL

Provision to you of the Tool is subject to the following conditions and restrictions. You must not:

  • use the Tool to transmit any junk mail, spam, chain letters or other unsolicited mass distributed email
  • use the Tool to collect or harvest personal data or other information about other users.
  • copy or duplicate the contents of any pages within the Tool, except for the purpose of using the Tool for your own internal business purposes (such as working with staff or your clients on data protection and reporting findings generated by the Tool to your or your client’s management).
  • use any web robots, spiders or other technologies to, or to attempt to, copy or duplicate the Tool or otherwise gain access to underlying language, programming or system logic.
  • translate, adapt, vary, modify, disassemble, decompile or reverse engineer and/or otherwise learn the underlying ideas, algorithms and/or any other proprietary ideas, concepts, content and/or property of the Tool.
  • republish or redistribute any part of the Tool.
  • sub-licence your right to use the Tool, permit any unauthorised person to use it (including by providing them with your log in credentials).
  • use the Tool to provide services to any third party and/or.
  • use the Tool in any way that causes, or may cause, damage to it or that impairs or may impair accessibility to it or its availability to other licensees of it.
In addition, you must not attempt to do any of the things that you are not allowed to do or permit any other party to do, or attempt to do, any of the things that you are not allowed to do.

INDEMNITY

You, shall indemnify, defend and hold harmless Straits Interactive and its officers, agents, members, employees, delegates and appointed personnel from and against any and all claims, demands, suits, actions, judgments, damages, costs, losses, expenses and other liabilities (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses on a full indemnity basis) arising from, in connection with or related in any way to, directly or indirectly, by your negligence, default or in your use of the Tool.

SUBSCRIBER DATA

Unless Straits agrees with you to the contrary, Straits Interactive, its employees, associates, agents, contractors (collectively “Straits Parties”) will have access to the Subscriber’s Data for the purpose of assisting you in the usage (including technical support and troubleshooting) of the Tool. Straits will not use any of your information for any other purpose. Straits will not disclose your information to any third party, except where Straits is ordered by a Court or other competent authority to disclose your information. In the unlikely event of this happening, Straits will if possible inform you before it makes any such disclosure so that you may have an opportunity to challenge the requirement with the Court or other competent authority.

PERSONAL DATA 


Personal Data has the meaning ascribed to it by the General Data Protection Regulation (the GDPR), being any information relating to an identified or identifiable natural person. Processing also has the meaning ascribed to it by the GDPR.
To the extent that the Subscriber Data includes Personal Data, you hereby agree that you shall be deemed to be the data controller and Straits shall be deemed to be the data processor as those terms are understood under the applicable data protection law.
Unless otherwise specifically agreed to by us, Subscriber Data may be hosted by Straits or its authorized third-party service providers. We shall:

  • process Personal Data only for the purpose of providing the services described in these ToU via the Tool and, where relevant, via the Straits Parties
  • ensure that only the Straits Parties and any other individuals who have a need to know and have committed themselves to binding confidentiality obligations in favour of Straits will be authorised to process any Personal Data
  • take all security measures for the protection of Personal Data that are required by Article 32 of the GDPR
  • take all security measures for the protection of Personal Data that are required by Article 32 of the GDPR
  • respect and comply with the conditions in the GDPR for engaging another processor (that is, as a sub-processor)
  • taking into account the nature of the Tool, assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subjects rights laid down in Chapter III of the GDPR
  • taking into account the nature of the Tool and the information available to Straits, assist you in ensuring compliance with your obligations for the security of processing of Personal Data, notification of a personal data breach to the relevant supervisory authority, communication of a personal data breach to the data subjects, carrying out a data protection impact assessment and any prior consultation with the relevant supervisory authority prior to you carrying out any data protection impact assessment
  • acknowledging your right under the GDPR to require it to delete or return to you all Personal Data after the end of the Subscription Plan or on earlier termination of these ToU and to delete existing copies of the Personal Data (unless applicable law requires storage of the Personal Data), delete all Personal Data and other Subscriber Data entered into the Tool approximately six (6) months after the end of the expiry period under the Subscription Plan Terms or on earlier termination of the Subscription Plan, and
  • upon your request provide to you information necessary to demonstrate compliance by Straits with the above obligations, which are laid down by Article 28 of the GDPR and allow for, and contribute to, audits, including inspections, conducted by you or another auditor mandated by you.

WARRANTIES 


The Tool is provided to you without any warranties whatsoever, whether express or implied, except for any warranties implied by law that may not be excluded.

GOVERNING LAW 


These ToU is governed by the laws of Singapore. You and Straits Interactive both hereby submit to the non-exclusive jurisdiction to the Courts of Singapore.