DATA PROTECTION POLICY (DPP)
Data protection policy of Admiral Digital, a group of companies whose details are set out below:
- “Admiral Singapore” means Admiral Digital Pte Ltd (Company No. 201837558E), a private limited company incorporated in Singapore with its registered address at 10 Anson Road, #28-18 International Plaza, Singapore 079903;
- “Admiral Malaysia” means Admiral Digital Sdn Bhd (Company No. 1194782-M), a private limited company incorporated in Malaysia with its registered address at Q Sentral 22-12, Jalan Stesen Sentral, 2, 50470 Kuala Lumpur, Malaysia;
- “Admiral Belgium” means Admiral Digital BV (Company No. BE.1007.149.614), a private limited company incorporated in Belgium with its registered address at Hoge Weg 129, 2940 Stabroek, Belgium;
Collectively referred to as “Group Companies”, and individually referred to as “Admiral Digital”.
1. APPLICATION:
1.1. Admiral Digital provides digital marketing and technology consultancy and advisory services on an independent contractor basis.
1.2. Client desires to engage Admiral Digital on a project-by-project basis to provide advisory support and technical services (the “Services”).
1.3. Admiral Digital and the Client are collectively referred to as “Parties”, and individually referred to as a “Party”.
1.4 The terms and conditions under this data protection policy (the “Policy”) shall apply to the Agreement between the Parties.
1.5. Client shall be deemed to have accepted the Policy if Admiral Digital receives acceptance via signing the Agreement or SOW or notice in writing of acceptance via email. Client’s acceptance shall mean this Policy is final and accepted. This Policy shall be considered an executed counterpart of the Agreement. This Policy and the Agreement shall be read and construed as one document. In the event of any conflicts or inconsistencies between this Agreement and the Policy, the Agreement shall prevail to the extent of such conflicts or inconsistencies.
1.6 Unless otherwise defined in this Policy, terms used in this Policy shall have the meaning given to them in the Agreement.
2. INTERPRETATION AND DEFINITIONS
2.1 Unless the context requires otherwise, the following phrases shall bear the following meanings:
“Data Subject” means Client and any person whom Client may have any contractual or other legal relationship or dealings with, including but not limited to customers, clients, contractors, suppliers, vendors, employees, shareholders and directors;
“Data User” means any Group Company who processes Processed Information;
“Personal Data Law” means the applicable data protection laws in the jurisdiction which the relevant Data User is incorporated;
“Policy” means this Data Protection Policy as may be amended from time to time;
“process” means the collection, recording, holding or storing of Processed Information or carrying out any operation or set of operations on the Processed Information, including the organization, adaptation or alteration of Processed Information, the retrieval, consultation or use of Processed Information, the disclosure of Processed Information by transmission, transfer, dissemination or otherwise making available or the alignment, combination, correction, erasure or destruction of Processed Information;
“Processed Information” means all information that relates directly or indirectly to a Data Subject, who is identified or identifiable from that information or from that and other information in the possession of the Data User.
3. GENERAL PRINCIPLES
3.1 In the course of the Data User carrying on its business and other incidental activities from time to time, the Data User may be provided with, obtain or come into possession of Processed Information.
3.2 In furtherance to the carrying on of its business and activities as aforesaid, the Data User shall be entitled to process Processed Information for all lawful purposes or reasons on such terms and in such manner as the Data User deems fit in its absolute discretion, subject to this Policy. The Data User shall comply with its obligations under the applicable Personal Data Law at its own cost.
3.3 Without prejudice to the generality of the foregoing:
(a) the purposes may include, but are not limited to, any of the following: (i) performance of contractual obligations; (ii) conducting background checks and credit checks; (iii) performing risk management and assessment, (iv) performing internal audits and statutory audits; (v) making any statutory filings; (vi) performing data analysis, research & development and business development & marketing activities; (vii) obtaining insurance, professional advice and financing / funding; (viii) complying with or enforcing its legal obligations.
(b) some or all of the Processed Information may be transferred outside the jurisdiction which the relevant Data User is incorporated and/or shared or stored with or processed by third parties (whether in or outside the jurisdiction which the relevant Data User is incorporated), including but not limited to any Group Company, the contractors, suppliers, vendors, advisors and agents of the Data User or any Group Company and any regulatory authorities if and to the extent required by any law or pursuant to a court order. Any transfer to or sharing with third parties shall, as far as reasonably possible, be on a ‘need to know’ basis or to the extent required to facilitate the performance of the Data User’s obligations under the Agreement.
3.4 The Data User shall process all Processed Information subject to the following:
(a) in accordance with the Personal Data Law and all other applicable laws (if any);
(b) in accordance with relevant generally accepted industry best practices or standards (if any) or otherwise use reasonable measures and security arrangements to safeguard Processed Information from unauthorised processing, access or use.
3.5 The Data User shall:
(a) instruct the employees of the Data User to comply with this Policy;
(b) use reasonable efforts to procure any third party, to whom the Data User transfers any Processed Information, to give an undertaking to comply with this Policy mutatis mutandis;
(c) ensure that the Processed Information is accurate and complete, and permit the access of a Data Subject’s Processed Information following a written request from the relevant Data Subject;
(d) immediately notify the Data Subject when the Data User becomes aware of a breach of its obligations under this Policy and shall assist the Data Subject in law enforcement or investigations by any governmental and/or regulatory authority related to such breach; and
(e) indemnify Client and its officers, employees and agents, against all actions, claims, demands, losses, damages, statutory penalties, expenses and cost, in respect of:
(i) the Data User’s breach of its obligations under this Policy; or
(ii) any act, omission or negligence of the Data User that causes Client to be in breach of the applicable Personal Data Law.
4. CONSENT
4.1 By being provided with a copy of this Policy and furnishing any Processed Information to the Data User, a Data Subject shall be deemed to have agreed to this Policy (whether or not the Data Subject signs this Policy) unless the Data Subject otherwise expressly notifies the Data User in writing prior to the Data Subject furnishing any Processed Information to the Data User. In addition to the foregoing, any furnishing by a Data Subject to the Data User of Processed Information pertaining to another Data Subject shall amount to a representation and warranty to the Data User that the first mentioned Data Subject has obtained the consent of the second mentioned Data Subject to furnish the Processed Information on the terms of this Policy.
4.2 A Data Subject may, by giving notice in writing to the Data User, revoke the Data Subject’s consent as to the processing of all or any Processed Information or require the Data User to update or correct any Processed Information. Notwithstanding revocation of the Data Subject’s consent, the Data User shall be entitled to retain any Processed Information if and to the extent that the Data User may be required to do so under any applicable laws (including but not limited to tax laws), provided that such retention shall be limited to the extent required by applicable law and only for the purpose and duration required under applicable law.
4.3 The Data User may, amongst others, not be able to perform its obligations if it is unable to process or prevented from processing all or some Processed Information in the following circumstances:
(a) where processing is prevented by applicable laws; or
(b) a Data Subject revokes or refuses consent. In the above circumstances, the Data User shall not be held in breach of or to be liable for any of its obligations to any Data Subject to the extent that such breach liability is attributable, whether directly or indirectly, to the Data User being unable to process or prevented from processing any Processed Information.
5. MISCELLANEOUS
5.1 This Policy shall be governed by and construed in accordance with the law set out below. Any disputes arising out of this Policy shall be adjudicated at the dispute resolution forum set out below.
Where Admiral Singapore is the contracting entity with Client:
| Governing law | Singaporean law |
| Dispute resolution forum | Courts of Singapore |
Where Admiral Malaysia is the contracting entity with Client:
| Governing law | Malaysian law |
| Dispute resolution forum | Courts of Kuala Lumpur, Malaysia |
Where Admiral Belgium is the contracting entity with Client:
| Governing law | Belgian law |
| Dispute resolution forum | Courts of Antwerp, Belgium |
5.2 All notices to the Data User for purposes of this Policy shall be given through email at alec.vannoten@admiral.digital or otherwise in accordance with any provision for notices in any contract with a Data Subject. All notices from the Data User for purposes of this Policy shall be given in such a manner deemed appropriate by the Data User given the circumstances, which may be either or a combination of email, posting on its website or other digital platform or in accordance with any provision for notices in any contract with a Data Subject.
5.3 The Data User shall be entitled to amend this Policy from time to time by giving written notice.
