Data Protection Policy

2.1 We collect personal data to the extent that it is necessary for the transaction with you at hand, for us to discharge our business activities or arising from your interaction with us. We do not collect more personal data than is necessary.

2.2 Such personal data is collected by us because of :

1. the transaction or proposed transaction with you. It means our collection and processing of your personal data arises out of or related to the contract that has arisen from the transaction or in order for us to enter into the contract with you; or
2. your interaction(s) with us.

2.3 As we collect only such personal data as is necessary to achieve the matters highlighted in paragraph 2.2 above, your failure to provide us with personal data as requested would likely result in us being unable to carry out the matters highlighted in paragraph 2.2 above, such as our inability to enter into the transaction with you, our not being able to provide you with the information and/or services you have requested or otherwise fulfil the purpose(s) for which we have asked for the personal data, as the case may be.

3.1 TECL will/may collect, use, disclose and/or process your personal data for one or more of the following purposes:

1. evaluating and/or processing your membership application with TECL (such as Esplanade&Me or any other membership programme administered by TECL) whereby you will be given access to possible rewards, discounts, privileges, promotions, offers, services or products, offered by TECL, TECL’s related corporations or associated companies, as well as partners, merchants and/or third party organisations with whom TECL may collaborate, partner or tie up with (collectively the “Member Benefits”)( TECL’s related corporations or associated companies, as well as partners, merchants and/or third party organisations with whom TECL may collaborate, partner or tie up shall be referred to as “TECL Partners”);
2. administering, dealing with, managing and/or maintaining your membership with TECL including but not limited to administering and dealing with your Member Benefits, sharing your personal data with TECL Partners to administer and deal with Member Benefits, contacting you through various modes of communication such as via phone/voice call, text message and/or fax message, email and/or postal mail for such purposes, dealing in any matters relating to your membership (including the mailing of correspondence, statements, information, invoices, or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same), performing internal administrative, operational and technology tasks for the said purposes, storage and/or backup of your personal data;
3. processing and/or dealing with your interest in our products and/or services;
4. dealing with and/or carrying out administrative matters on your ticket purchases, processing your sign-ups/registrations for masterclasses, workshops, events, activities, mailing lists, etc.
5. considering, processing, dealing with and/or managing, your request/application for or your purchase of or your subscription for, our products and/or services (the “Transaction”);
6. facilitating, processing, dealing with, administering and/or managing Transaction(s) by or with you;
7. administering, facilitating, processing and/or dealing in any matters relating to your use of the Website (“Website” means our website(s) and/or any mobile apps that we may have);
8. monitoring, processing and/or tracking your use of the Website in order to provide you with a seamless experience, facilitating or administering your use of the Website, and/or to assist us in improving your experience in using the Website;
9. administering, facilitating, processing and/or dealing in any transactions or activities carried out by you on the Website;
10. for marketing purpose and in this regard, we would be providing you with marketing, advertising and promotional information, materials and/or documents relating to products, productions, shows, concerts, contests, services, Member Benefits and/or events (including products, productions, shows, concerts, services and/or events of third party organisations with which we may collaborate or partner with) that we (including our affiliates/related corporations) or such third party organisations may be selling, marketing, offering, organizing, involved in or promoting, whether such products, productions, shows, concerts, contests, services and/or events exist now or are created in the future, :
1. by way of postal mail, electronic transmission to your email address(es), and/or through other modes of communication that is not the 3 DNC Modes in compliance with the PDPA. You may opt out of this or withdraw from this at any time by sending an email to our Data Protection Officer. For the avoidance of doubt, unlike (2) below, the application of or your acceptance of or your consent to, this Policy, constitutes your consent to this subparagraph (1);
2. if you have separately expressly consented to one or more of the following 3 DNC Modes, by way of the 3 modes of communications of voice calls, text messages or faxes (the “3 DNC Modes”) to your Singapore telephone number, in compliance with the requirements of the PDPA; and/or
3. Notwithstanding (2) above, regardless that you have not separately provided express consent as aforementioned in (2) above, we reserve our right to send a specified fax message (as defined in Singapore’s Personal Data Protection (Exemption from Section 43) Order 2013) (the “Exemption Order”) and/or a specified text message (as defined in the Exemption Order) (i.e. a marketing fax message or marketing text message) to your Singapore telephone number, if :
1. there is an ongoing relationship between us and you and the purpose of the message is related to the subject of the ongoing relationship, pursuant to the requirements and conditions of the Exemption Order; or
2. the law permits.
11. dealing with or facilitating customer service, carrying out your instructions, or dealing with or responding to any enquiries given by you or on your behalf;
12. complying with or as required by any applicable law, governmental or regulatory requirements of Singapore or a non-Singapore country, including meeting the requirements to make disclosure under the requirements of any law (whether Singapore or non-Singapore law) binding on TECL or on TECL’s related corporations or associated companies, and for the purposes of any guidelines issued by regulatory or other authorities, whether in Singapore or elsewhere, with which TECL or TECL’s related corporations or associated companies is/are expected to comply;
13. carrying out due diligence or other screening activities (including background checks, anti-money laundering checks, know your client checks) in accordance with legal or regulatory obligations applicable to us (whether Singapore or other countries), the requirements or guidelines of governmental authorities which we determine are applicable to us (whether Singapore or other countries), and/or our risk management procedures that may be required by law (whether Singapore or other countries) or that may have been put in place by us;
14. to prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with conflict of interests; or dealing with and/or investigating complaints;
15. complying with or as required by any request or direction of any governmental authority (whether Singapore or other countries) which we are expected to or that is prudent for us to comply with; or responding to requests for information from public agencies, ministries, statutory boards or other similar authorities (whether of Singapore or other countries). For the avoidance of doubt, this means that we may/will disclose your personal data to the aforementioned parties upon their request or direction;
16. producing statistics and research for internal and statutory reporting and/or record-keeping requirements;
17. conducting research, analysis and development activities (including but not limited to data analytics, surveys, product and service development and/or profiling) to improve TECL’s services or products and/or to enhance your membership experience, via various modes of communication such as (a) postal mail to your postal address(es) and/or electronic transmission to your email address(es) (based on our records that we have of your postal address(es) and email address(es) or any new or amended postal or email address(es) that you may provide us with from time to time) and (b) via telephone/voice calls, SMS/MMS and/or facsimile to your telephone number(s) (based on our records that we have of your telephone number(s) or any new telephone number(s) that you may provide us with from time to time) with such telephone/voice calls, SMS/MMS and/or facsimile being sent in accordance with Singapore’s Personal Data Protection Act;
18. contacting you or communicating with you via phone/voice call, text message and/or fax message, email and/or postal mail for one or more of the Purposes stated herein. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;
19. carrying out your instructions or responding to any enquiry or complaint given by (or purported to be given by) you or on your behalf including responding to your enquiries and complaints; or responding to or dealing with your interactions with us or your requests; or responding to or dealing with your feedback, comments or reviews;
20. storing, hosting, backing up (whether for disaster recovery or otherwise) of your personal data, whether within or outside Singapore;
21. maintaining and/or developing our IT or business systems and infrastructure including testing and upgrading of these systems;
22. creating reports with respect to your Transaction(s) and/or transactions that we have with our customers;
23. facilitating, dealing with and/or administering external audit(s) or internal audit(s) of the business of TECL and/or of its affiliates/related corporations, Transaction(s), and/or our transactions with our customers and/or members;
24. dealing with and/or facilitating a business asset transaction or a potential business asset transaction, where such transaction involves TECL as a participant or involves only a related corporation or affiliated company of TECL as a participant or involves TECL and/or any one or more of TECL’s related corporations or affiliated companies as participant(s), and there may be other third party organisations who are participants in such transaction. “business asset transaction” means the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal or financing of an organisation or a portion of an organisation or of any of the business or assets of an organization;
25. record-keeping purposes and producing statistics and research for internal and/or statutory reporting and/or record-keeping requirements, of TECL or of its affiliates/related corporations;
26. TECL or TECL Group Companies’ reporting purposes including but not limited to reporting on TECL’s business performance (“TECL Group Companies” means TECL, its affiliates, related corporations and associated companies, if any);
27. to deal with the or as part of a bankruptcy, winding up, reorganization, restructuring, insolvency, receivership or an assignment for the benefit of creditors, of TECL; and
28. any other purposes that we notify you of at the time of obtaining your consent.

(collectively, the "Purposes" )

As the purposes for which we may/will collect, use, disclose or process your personal data depend on the circumstances at hand, such purpose 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 by law.

3.2 In order to conduct our business operations more smoothly and to fulfill the above-said Purposes, we may also be disclosing the personal data you have provided to us to our third party service providers, agents and/or our affiliates or related corporations, and/or other third parties whether sited in Singapore or outside of Singapore, for one or more of the above-stated Purposes. Such third party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. Without limiting the generality of the foregoing, such third parties include

1. our associated or affiliated organisations or related corporations, if any;
2. any of our agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres; and
3. third parties to whom disclosure by TECL is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.

3.3 Where we disclose your personal data to third parties, we will employ reasonable measures to ensure the protection of your personal data, such as imposing suitable contractual clauses on such third parties or disclosing only to reputable organisations.

4.1 We may use cookies to identify you from other users on our website.

4.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device.

4.3 You can block or deactivate cookies in your browser settings.

4.4 We use log-in cookies in order to remember you when you have logged in for a seamless experience.

4.5 We may use session cookies to track your movements from page to page and in order to store your selected inputs so you are not constantly asked for the same information.

4.6 Our website may use Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the Website and ways that we can improve your experience. These cookies may track things such as how long you spend on our website and the pages that you visit so we can continue to produce engaging content.

4.7 By continuing to use our Website, you are agreeing to the use of cookies on our Website as outlined above. However, please note that we have no control over the cookies used by third parties.

4.8 For further information on types of cookies and how they work visit www.allaboutcookies.org.

5.1 You may request to access and/or correct the personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. Hence, please submit your written request to dpo@esplanade.com.

5.2 For a request to access personal data, once we have sufficient information from you to deal with the request, we will seek to provide you with the relevant personal data within 30 days. Where we are unable to respond to you within the said 30 days, we will notify you of the soonest possible time within which we can provide you with the information requested. Note that the PDPA exempts certain types of personal data from being subject to your access request.

5.3 For a request to correct personal data, once we have sufficient information from you to deal with the request, we will :

1. Correct your personal data within 30 days. Where we are unable to do so within the said 30 days, we will notify you of the soonest practicable time within which we can make the correction. Note that the PDPA exempts certain types of personal data from being subject to your correction request as well as provides for situation(s) when correction need not be made by us despite your request; and
2. Subject to paragraph 5.4, we will send the corrected personal data to every other organisation to which the personal data was disclosed by TECL within a year before the date the correction was made, unless that other organisation does not need the corrected personal data for any legal or business purpose.

5.4 Notwithstanding paragraph 5.3(b), we may, if you so consent, send the corrected personal data only to specific organisations to which the personal data was disclosed by us within a year before the date the correction was made.

5.5 We may also be charging you a reasonable fee for the handling and processing of your requests to access your personal data. We will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

6.1 You may withdraw your consent for the collection, use and/or disclosure of your personal data in our possession or under our control by submitting your request to dpo@esplanade.com and using the online form set out therein. Opt Out from Marketing Information - any email communication we send to you will contain an easy automated one click unsubscribe link so that you can opt out of the subscription. For WhatsApp subscription service, you can WhatsApp ‘UNSUB’ to the mobile number provided to unsubscribe from the service.

6.2 We will process your request within a reasonable time from such a request for withdrawal of consent being made, and will thereafter not collect, use and/or disclose your personal data in the manner stated in your request.

6.3 However, your withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of your withdrawal of consent for us to process your personal data, it may mean that we will not be able to continue with your existing relationship with us.

6.4 Your withdrawal of consent will not affect the lawfulness of our processing of your personal data based on your consent before your withdrawal of consent.

7.1 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 TECL 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.

7.2 We will also put in place reasonable security 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 cannot assume responsibility for any unauthorised use of your personal data by third parties which are wholly attributable to factors beyond our control.

7.3 We will also put in place measures such that your personal data in our possession or under our control is destroyed and/or anonymized as soon as it is reasonable to assume that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; and (ii) retention is no longer necessary for any other legal or business purposes.

7.4 Where your personal data is to be transferred out of Singapore, we will comply with the PDPA in doing so. In this regard, this includes us taking appropriate steps to ascertain that the 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 Act. This may include us entering into an appropriate contract with the foreign recipient organisation dealing with the personal data transfer or permitting the personal data transfer without such a contract if the PDPA or law permits us to.

8.1 If you have any complaint or grievance regarding about how we are handling your personal data or about how we are complying with the PDPA, we welcome you to contact us with your complaint or grievance.

8.2 Please contact us through one of the following methods with your complaint or grievance:

1. Singapore telephone number : +65 68288227
2. E-mail: dpo@esplanade.com (Attention it to the ‘Data Protection Officer')
3. Office address: 1 Esplanade Drive Singapore 038981 (Attention it to the ‘Data Protection Officer')

8.3 We will certainly strive to deal with any complaint or grievance that you may have speedily and fairly.

9.1 As part of our efforts to ensure that we properly manage, protect and process your personal data, we will be reviewing our policies, procedures and processes from time to time.

9.2 We reserve the right to amend the terms of this Policy at our absolute discretion. Any amended Policy will be posted on our website and can be viewed at www.esplanade.com

9.3 You are encouraged to visit the above website from time to time to ensure that you are well informed of our latest policies in relation to personal data protection.

10.1 In addition to the foregoing paragraphs, the following sub-paragraphs in this paragraph 10 apply, if and to the extent that the GDPR is applicable to your personal data and/or to the activities which we are carrying out in relation to your personal data. Typically, this would be where (a) you are a European Union resident; and (b) when you are a resident in the European Union we process your personal data in relation to our offering of goods or services to you in the European Union.

10.2 In relation to the processing of your personal data by us, we are a data controller. If the GDPR applies to your personal data that is within our possession or control, you will have rights as set out in the GDPR.

10.3 We process your personal data based on one or more of the following legal basis :

1. Where you have provided us with your consent for the purposes of processing in question;
2. Where processing is necessary for the performance of a contract to which you are are party to or in order for us to take steps at your request prior to us entering into such a contract;
3. Where processing is necessary for us to comply with a legal obligation to which we are subject to;
4. Where processing is necessary in order to protect your vital interests or of another individual;
5. Where processing is necessary for the performance by us of a task carried out in the public interest or in the exercise of official authority vested in us; or
6. Where processing is necessary for the purposes of our legitimate interests, except where such interests are overridden by your interests or fundamental rights and freedoms. Our legitimate interests are :
1. responding to your queries;
2. providing products, services and/or information to you;
3. recruiting staff;
4. one or more of the purposes set out at paragraph 3.1 above; and/or
5. one or more of the purposes other than the purposes referred to at (iv) above which we notify you of at the time of obtaining your consent.

We consider that the risk to your data protection rights in connection with personal data that we process on the basis of our legitimate interests is not excessive or overly intrusive. We have also put in place protection for your rights by ensuring proper retention period(s) and security controls.

10.4 With respect to paragraph 3.2 above, Such third parties to whom your personal data is disclosed comprise :

1. our associated or affiliated organisations or related corporations, if any;
2. Google Inc. as our website uses Google analytics;
3. government agencies;
4. any of our agents, contractors or third party service providers that provide services to us, or that process or will be processing your personal data on our behalf, comprising mailing houses, marketing companies, recruitment companies, logistics companies, telecommunication companies, information technology companies and data centres;
5. third parties other than those specified above to whom disclosure by TECL is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes. Before we engage such category of third party to whom your personal data would be disclosed that is not one falling within subparagraphs (i) to (iv) above, we will notify you of the same by posting such new third party on our website or by posting an amended policy on our Website or by posting amendments to this policy on our Website – in this regard, we would urge you to check our Website regularly for any such changes.

10.5 One or more of the third parties mentioned at paragraph 10.4 are based outside of Singapore. Your personal data will be transferred by us from Singapore to them. The countries in which these third parties are based are : Malaysia, Hong Kong, Japan, South Korea, Australia, New Zealand, USA, Canada, UK, Germany and Austria. We will ensure that your personal data will be adequately protected by such third parties by executing data transfer agreements with such third parties to deal with such transfer of personal data and to ensure that your personal data will continue to be protected by such third parties.

10.6 Your rights

1. Right of access: See paragraph 5.1 above. Where the GDPR applies to you and you are exercising your right to access personal data under the GDPR, we will not charge you a fee for exercising your access rights (except where permitted by the GDPR), unlike for access rights under the PDPA.
2. Right to rectification: You can ask us to take reasonable measures to correct your personal data if it is inaccurate or incomplete. E.g. if we have the wrong name or address for you.
3. Right to erasure: This right enables you to request the deletion or removal of your personal data where there is no compelling reason for us to keep using it or its use is unlawful. There are exceptions to your exercise of this right. An example would be where we need to use your personal data in defence of a legal claim.
4. Right to restrict processing: This is a right that allows you to ‘block’ or suppress further use of your personal data. When processing is restricted, we can still store your personal data, but may not use it further subject to exceptions as provided in the GDPR.
5. Right to data portability: This is a right for you to obtain and reuse certain personal data for your own purposes across different organisations.
6. Right to object: You have the right to object to certain types of processing, on grounds relating to your particular situation, at any time insofar as that processing takes place for the purposes of legitimate interests pursued by us or by a third party. We will be allowed to continue to process your personal data if we can demonstrate “compelling legitimate grounds for the processing which override your interests, rights and freedoms” or we need this for the establishment, exercise or defence of legal claims. You can object to the processing by us of your personal data for marketing purpose. Please notify us by contacting our Data Protection Officer at dpo@esplanade.com.

You may exercise the rights above (if applicable to you), by contacting our Data Protection Officer at dpo@esplanade.com.
If the PDPA applies to you and not the GDPR, do note that one or more of the rights set out above are not available to you. In such a case, we will extend to you such rights as required by the PDPA.

10.7 In the event that the GDPR applies to us and you determine that we have done something that breaches the GDPR, you may choose to lodge a complaint with the relevant European Data Protection Authority, such as the Authority in the European Union member state in which you are residing in.

Use of Our Services and Websites may require you to register and provide certain personal information to access and/or download certain information and materials, and/or to sign-up for My Esplanade's mailing lists and/or WhatsApp subscription services. You may choose not to provide any personal information, but if you decline to provide any mandatory information required, you may not be able to complete the registration process.

In consideration of TECL permitting you to use the site, in registering and providing such personal information, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms on the site (the "Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TECL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TECL has the right to suspend or terminate your account and refuse any and all current or future access to and use of Our Services and Websites.

Upon registering, you will receive a password and user ID. You agree to be responsible for maintaining the confidentiality of the password and user ID, and to accept full responsibility for all activities that occur under your password or user ID. You may only maintain one user ID and password at any one time and may not use multiple user IDs or passwords. You are required to use your password for your own use only and not to permit others to use your password. You agree to (a) immediately notify TECL of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TECL cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You have read TECL's Data Protection Policy, the terms of which are incorporated herein and which are an integral part of the Terms and Conditions, and you agree that the terms of such policy are reasonable.

You consent to the use and processing of your Registration Data and other personally identifiable user information by TECL and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in TECL's Data Protection Policy.

You acknowledge and agree that the technical processing of Our Services, Websites and the transmission of transaction messages relating to the products and services on Our Websites may involve (a) transmissions of your Registration Data and other data collected and maintained by TECL with regard to you, over various networks and to various countries; and (b) changes to conform and adapt your Registration Data and other data collected and maintained by TECL with regard to you to technical requirements of connecting networks or devices.

If you use Our Services and Websites, you represent that you are of sufficient legal age to use Our Services and Websites and to create binding legal obligations for any liability you may incur as a result of the use of Our Services, Websites and of activities that occur under your account or password. You understand and represent that you are and are capable of being legally responsible for all uses of Our Services and Websites by you and those using your login information.