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Platform Terms & Conditions Of Use

Overview
1. This online artificial intelligence and machine learning platform 8nalytics.com (“Platform”) is maintained and/or owned by Business Intelligence and 8nalytics Pte Ltd (“BIA8”) and its respective partners (individually and collectively, the “Licensor").
2. These Terms of Use form a legally binding agreement between you and Licensor, and govern your use of and access to the Platform and the Services (defined below). These Terms of Use highlight your respective legal rights and obligations when using and/or accessing the Platform and/or Services. Please read the Terms of Use carefully before using this Platform and/or Services. By using and accessing this Platform and/or Services, you agree to be legally bound by these Terms of Use. Please do not use or access this Platform and/or Services if you do not agree to any of these Terms of Use.
3. Services provided via this Platform include, without limitation:
  1. The use of Licensor’s various proprietary deep learning business analytic drag-and-drop modules, including:
    1. 360 Survey;
    2. Financial Modelling;
    3. Emotion and Gestures Analyzer ;
    4. Financial Performance Metrics Analyzer;

(individually and collectively, “Module(s)”), which are provided as a Software as a Service (SaaS), for the purposes of identifying and measuring qualitative and quantitative key performance indicators of a business;

1. 1. all other related services provided by Licensor and its agents and/or employees,

(collectively, the “Services”).

1. The terms “you” and “your” in these Terms of Use shall mean the business entity on whose behalf you are using the Services and/or entering into this Agreement (“Business Entity”) unless the context does not permit. By using the Platform, Modules, and/or Services, you hereby represent and warrant that you are duly authorised to act on behalf of your client or the Business Entity that you represent.
2. and that these Terms of Use are binding upon the Business Entity.
3. These Terms of Use are not exclusive from any other agreement on this Platform. Additional terms, conditions and notices may also be posted in such other areas or sections of this Platform, and together with these Terms of Use, govern your access and usage of the Platform and Services provided. These Terms of Use, together with such applicable additional terms and conditions, are referred to as this “Agreement”.
4. These Terms of Use apply to all users of the Platform and Services. Any breach of these Terms of Use by you may result in immediate termination or suspension of your User Account (defined below) without prior notification.

Licence
1. Subject to your compliance with these Terms of Use, Licensor hereby grants you a limited, revocable, non-exclusive, and non-transferable right to access the Platform via a designated web browser and use the Services including Modules and Reports through such access, solely for your internal and business purposes.

It is not necessarily just for business purposes only. It could be for personal competency and performance tracking purposes too) and for no other purposes.

1. In using the Platform and/or the Services, you agree:
  1. to comply with all notices, guidelines, rules and instructions pertaining to the use of the Platform and/or the Services as issued in writing by the Licensor from time to time, and any operating rules or policies that may be published from time to time by Licensor;
  2. to abide by all applicable rules, laws, regulations, or guidelines in connection with your access to or use of the Platform and/or Services;
  3. not to permit or grant access to the Platform and/or Services to any third party, other than as expressly permitted under this Agreement;
  4. not to, without the prior written approval of Licensor, copy or reproduce Platform and/or Services by any means or in any form, or modify, reproduce, adapt, or publicly distribute any materials or content on this Platform;
  5. not to reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Platform and/or Services;
  6. not to modify, translate, or create derivative works based on any element of the Platform or Services;
  7. not to rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Platform and/or Services;
  8. not to use the Platform for timesharing purposes or offer on a “pay-per-use” basis or otherwise for the benefit of any person or entity;
  9. to comply with all applicable data protection and privacy laws and regulations, including the Personal Data Protection Act 2012 (“Data Protection Laws”);
  10. that you have obtained all relevant and necessary consents before posting, providing, or submitting the personal data of third parties;
  11. not to attempt to obtain unauthorised access to the Platform and/or the Services, or to hack, compromise or tamper with the security or security features of the Platform and/or Services, including:
    1. not to deliberately interfere with or hamper the working and performance of the Platform and/or Services, or the access of any user, host, or network, including without limitation, hacking, transmitting any virus, overloading, flooding, spamming, denial-of-service attacks, or tampering with any aspect of the Platform and/or Services;
    2. not to use any cheats, exploits, hacks, bots, mods or third-party software designed to modify or interfere with the Platform and/or Services;
    3. not to avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Licensor to protect the Platform, Services, Modules, and/or intellectual property owned by the Licensor, or attempt to do any of the foregoing; and
  12. not to use the Platform or Services for any purpose other than the purposes for which they are provided by Licensor.
User Account and Passwords
1. To use the Services and certain functionalities of the Platform , you must have a valid Platform user account (“User Account”). The user login and password of each User Account is required for access and use of the Platform and Services, including any access and use by persons authorised by you (each an “Authorised User”). You are responsible for maintaining the confidentiality of all user logins and passwords and for ensuring that each user login and password is used only by the Authorised User to which it was issued. You shall restrict your Authorised User(s) from sharing passwords.
2. Upon signing up for a User Account, you shall be deemed to have read and accepted these Terms of Use as well as the Privacy Policy. Any breach of these Terms of Use by you may result in immediate termination and/or suspension of your User Account and cancellation of all transactions associated with the User Account, without prior notification.
3. You agree to be solely responsible for all online activities and communications conducted through your User Account and/or associated with the user logins and passwords of you and your Authorised Users. You agree and acknowledge that Licensor will deem all access and use of the Services and all transactions entered into and activities conducted under the user logins of you and your Authorised Users as transactions entered into and activities conducted by you, and you agree to be liable for all such transactions and activities. You agree that Licensor will not be liable for any loss, damage, liability, claims, demands, fees, costs and expenses (including legal and professional costs and expenses) (collectively “Loss”) arising as a result of or in connection with the unlawful, fraudulent or otherwise wrongful or unauthorised use of your User Account or any failure to comply with the terms set forth in this Clause 3.
4. You are solely responsible for, and bear the risk of, all activities carried out under or pursuant to the user logins and passwords assigned to you and your Authorised Users, whether or not such use is authorised by you. Licensor shall not be responsible for controlling or monitoring the use of user logins and passwords, or for any loss that may be suffered by you or any third party as a result of any unauthorised use of the user logins and passwords of you and your Authorised Users. To prevent any unauthorised use, you agree to take such actions as are necessary to maintain the confidentiality of the user logins and passwords of you and your Authorised Users. You agree to immediately notify Licensor of any unauthorised use of your User Account and/or login and password of you and/or your Authorised Users, or any other breach of security known to you.
Uploaded Data
1. By making available any text, data (including any EEG data), information, graphics, audio, video, images, photos, and any other content uploaded, transmitted, or submitted on or through the Platform (“Uploaded Data”), you hereby grant to us, for the purpose of operating the Platform, providing the Services, generating the Reports, and any other services to be provided by Licensor to you, a worldwide, non-exclusive, sublicensable, and royalty-free licence to use, modify, reproduce, and/or process any Uploaded Data in the Platform, whether now known or hereinafter developed, without the requirement to make any payment to you or to any third party, or the need to seek any third party permission. You undertake that you shall be solely responsible for maintaining updated backups of all data (including Uploaded Data) which you upload to the Platform.
2. In addition, you agree that Licensor shall have the right to use, modify, reproduce, and process Uploaded Data (other than personally identifiable information) in individual or aggregate form (a) to the extent and in the manner permitted by all applicable laws or regulations, including all Data Protection Laws, and (b) with your prior consent, for purposes of deep machine learning and improvement of artificial intelligence; data gathering, analysis; and service enhancement for the benefit of Licensor clients.
3. You acknowledge and agree that you are solely responsible for all Uploaded Data that you make available on or through the Platform and/or Services, including any Uploaded Data uploaded to be processed by any Module. Accordingly, you agree, represent, and warrant that:
  1. you are either the sole and exclusive owner of all Uploaded Data that you make available on or through the Platform and/or Services, or that you have all rights, licences, consents, and releases that are necessary to provide the Licensor with the Uploaded Data, including for use in performing the Services or to enable any other services to be provided to you hereunder by Licensor and its agents, contractors, and partners, including for the purposes set out in Clauses 4.1 and 4.2;
  2. any information you post to or transmit through the Platform (including any Uploaded Data):
    1. is truthful, accurate, valid, complete, up to date, not misleading, and offered in good faith, and that you have the right to post or transmit such information; and
    2. complies with all applicable laws, regulations, permits, and approvals, including all Data Protection Laws.
  3. the Uploaded Data, your posting, uploading, publication, submission, or transmission of the Uploaded Data (or any portion thereof) on, or via the Platform and/or Services do not contain any content, information, data and/or material that:
    1. is unlawful, infringing, or false;
    2. is an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law, intellectual property rights, or other rights of any third party;
    3. contains viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Platform or any computer; and
    4. without the relevant third-party owners’ permission, contains any links to third-party websites or use of any third party trademarks,

and you shall indemnify and keep indemnified Licensor and its respective servants and agents against any Loss arising from any breach of this Clause, including any claim by a third party that any part or whole of the Uploaded Data infringes any copyright or intellectual property or other rights of a third party.

Security
1. Licensor will deploy reasonable security precautions intended to protect against unauthorised access to any of your data (including any Uploaded Data) stored by Licensor in connection with your operation of the Platform. Licensor will exercise reasonable efforts to deploy corrections within the Platform for security breaches made known to Licensor. You may not circumvent or otherwise interfere with any user authentication or security of the Platform.
2. You acknowledge that, notwithstanding the security precautions deployed by the Licensor, the use of, or connection to, the Internet provides the opportunity for unauthorised third parties to circumvent such precautions and illegally gain access to the Platform and your data. Licensor cannot and does not guarantee the privacy, security, integrity or authenticity of any information transmitted over or stored in any system connected to or accessible via the Internet or otherwise or that any such security precautions will be adequate or sufficient.
Services and Reports
1. As part of the Services offered by us, Uploaded Data submitted by you onto the Platform can be processed using the Licensor’s various proprietary Modules, which enables you to process and analyze different types of data for business analytics and AI machine learning and analysis purposes. Each Module offered on the Platform may serve a different function and process different types of data (for example, speech or facial recognition based on voice and video data, or behavioral profile prediction based on EEG data).
2. Depending on the Module you have selected to process your Uploaded Data, with the use of machine learning algorithms, the Platform will generate and display smart reports, which may contain evaluative and/or analysis data based on the Uploaded Data submitted by you (“Reports”). You agree that the accuracy, quality and comprehensiveness of the Reports shall be dependent on the Uploaded Data submitted by you and the duration and amount of deep learning acquired by the Platform at the relevant time. Hence, Licensor provides no representations or warranties in relation to, and shall not be liable for, any Reports, or any information or conclusions contained therein.
Payment
1. Any fees, costs, and other amounts payable for the Platform and/or the Services under this Agreement as specified from Licensor (“Fees”), are payable as set out in this Clause 7 and such other terms as may be specified by Licensor on the Platform from time to time, and may be revised or modified by Licensor in its sole discretion from time to time.
2. Please note that all payments and related payment information shall be handled by our third-party payments service provider, Payment can be made via e-commerce credit card, PayPal or TT directly to us. They can pay either in USD or SGD whose website may be accessed at the following link: www.8nalytics.com. We will not store any payment information provided by you.
3. All Fees payable under this Agreement by you to Licensor shall be in Singapore Dollars or United States Dollars and shall be paid by credit card and such other mode of payment as may be designated by Licensor from time to time. All bank charges, if any, shall be borne by you. Any required currency conversion shall be made at the exchange rate prevailing at the time of accrual, as quoted by the bank, card company, or any other source as designated by the Licensor to you from time to time.
4. All taxes, including goods and services tax and value-added tax, in respect of any amounts due under this Agreement or any other payments which are to be made by you to Licensor, shall be borne by you.
5. Licensor reserves the right to cancel, terminate, or suspend your User Account and/or your access to and use of the Services in its sole and absolute discretion, in the event of any failure by you to make full payment of any sum(s) due from you to Licensor by their respective due dates as stated on Licensor’s invoices.
6. Please note that all Fees paid under this Agreement shall not be refundable for any reason (including but not limited to the termination, deletion, or suspension of your User Account).
Amendments and Modifications
1. Licensor has absolute and unfettered discretion from time to time, but shall not be obliged to:
  1. make upgrades, changes, alterations, enhancements, and/or modifications to the Platform, Modules, and/or Services, including the development of new features, designs, user interfaces, functions and capabilities, updates, patches, maintenance, upgrades and/or the procurement of new releases of any software; and
  2. modify, change, update, or revise these Terms of Use, including any Fee structure and other features;
  3. remove, discontinue, suspend, or terminate the whole or any portion of the Platform, Modules, and/or Services;
  4. impose restrictions on certain features or restrict your access to parts of the entire Platform, Modules, or Services,

(collectively, the “Changes”).

1. Licensor shall not be liable for any loss arising as a result of or in connection with any loss of or interruption in the access of the Platform and Modules, and/or use of the Services due to any Changes.
2. Any amendments to these Terms of Use will apply and take effect immediately at the time they are published on this website. It is your responsibility to remain updated on any changes that may be made to the relevant Terms of Use, which shall be updated on the following website from time to time. You shall be deemed to have accepted and affirmed the amended or modified Terms of Use by your continued use of the Platform and Services following any change to the Terms of Use. Licensor will not in any event be liable for any loss resulting from any amendment(s) or modifications to these Terms of Use.
3. Licensor shall be entitled to specify and update from time to time, the required configuration and specifications for hardware and software as it deems necessary or appropriate for your access and connectivity to the Platform or the use of the Services, and you agree to comply with such initial and updated configurations and specifications at your own costs, failing which you accept that you may not be able to obtain access and connectivity to the Platform and/or the use of the Services.
Intellectual Property
1. Any and all intellectual property rights embodied in or relating to or used in connection with the Platform, the Services, the Modules, the Reports, and all materials and works comprised in or relating thereto, with the exception of the Uploaded Data, including without limitation:
  1. all trademarks, service marks, logos, trade names, information, text, data, images, graphics, photos, links, maps, materials, data, software, music, audio-visual content, and/or other materials, produced and/or procured by Licensor, whether or not the aforesaid were incorporated into the Platform;
  2. HTML, WML, Java, CGI scripts, javascript and/or all other forms of computer code employed in the design, creation and posting of the Platform on the Internet, and all updates and derivative works thereto;
  3. all computer programs, modules, algorithms and/or tools relating to the Modules (including the source codes and the object codes, and all documentation, concepts, database, data and methodologies thereof);
  4. the graphical user interfaces relating to the Platform;
  5. the compilation, collection, arrangement and assembly of all data, information and content on the Platform and in the Reports; and
  6. any other proprietary designations or materials used in association with the Platform and the Services,

(collectively “Licensor Materials”), are the property of the Licensor, and/or its affiliates, (each an “Owner”) and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, designs law, patent law, international conventions, and other intellectual property laws. No part or whole of any Licensor Materials or the Platform may be copied, reproduced, published, modified, adapted, uploaded, posted, transmitted, distributed, or commercially exploited in any way without the prior written consent of the Owner.

1. Any and all intellectual property rights embodied in or relating to the Uploaded Data are the property of you, your licensors and/or your affiliates and are protected from unauthorised use, copying or dissemination by copyright law, trade mark law, design law, patent law, international conventions, and other intellectual property laws. No part or whole of any Uploaded Data may be copied, reproduced, published, modified, adapted, uploaded, posted, transmitted, distributed, or commercially exploited in any way without the prior written consent by you.
Indemnity
1. By using the Platform, Modules, and/or Services, and providing the Uploaded Data, you agree to indemnify, hold harmless, and defend Licensor, its affiliates, officers, directors, employees and agents, from and against any and all Loss incurred, arising out of or relating to:
  1. your access to, reliance on, and/or use of the Platform, Modules, Services, Reports, and/or Licensor Materials;
  2. any claims by any third parties, and any claim that your access to, reliance on, and/or use of the Platform, Modules, the Services, Reports, and/or Licensor Materials, caused Loss, damage, injury or death to a third party;
  3. the Uploaded Data, including without limitation any disputes or claims by any third parties in relation to the Uploaded Data for any reason;
  4. any violation of any third party right by you, including without limitation any intellectual property, or unauthorised disclosure of any proprietary information of Licensor;
  5. any actual or potential breach of any Data Protection Laws;
  6. any other liabilities incurred through your access to, reliance on, and/or use of the Platform, Modules, Services, Reports, and/or Licensor Materials; and/or
  7. any breach of this Agreement, including without limitation Clauses 3, 4, 12 and 13.
2. The above indemnification obligation will survive the expiry or termination of this Agreement, and your access to, reliance on, and/or use of the Platform, Modules, Services, Reports, and/or Licensor Materials.
Warranties
1. To the fullest extent permitted by applicable law, Licensor, its affiliates, and their respective directors, officers, agents, and employees (collectively, the "Licensor Parties") expressly disclaim all warranties or undertakings of any kind, whether express or implied, including, but not limited to:
  1. any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the Services, Modules, Platform, the Reports, or any information and materials provided through the same.
  2. any warranty, undertaking, or representation of any kind that the Platform, Modules, Services, and Reports will meet your requirements, expectations, or specifications, achieve any intended results, or be compatible or work with any other software, applications, systems or services. You acknowledge and agree that the Platform, Modules, Services and Reports are not intended to meet any of your specific requirements, and any such request for specific requirements shall be subject to separate terms to be agreed in writing with Licensor.
2. Licensor will use reasonable efforts to keep the Platform and Services operational. However, certain technical difficulties and/or maintenance may, from time to time, result in temporary interruptions or downtime. Neither the Licensor nor any other Licensor Party warrants uninterrupted use, operation, or availability of the Platform and/or Services, or that any submission or transaction request you attempt using the Platform or Services will be successful, uncorrupted, or completed within a reasonable amount of time or meet any performance or reliability standards. You acknowledge and agree that the Services and the Platform may have errors and may encounter unexpected technical problems from time-to-time, and that you may experience downtime and errors in the operation, functionality or performance of the Platform and/or the Services.
3. Licensor does not warrant, endorse, guarantee or assume responsibility for any third-party information, materials, content, or any other product or service produced or provided by a third party. Consequently, Licensor will not be responsible for any transaction between you and third-party providers of third-party products, and/or services, or for any acts or omissions of such third parties.
4. No advice or information, whether oral or written, obtained by you from Licensor or any other Licensor Party through or from the Services, will create any warranty regarding the Services that is not expressly stated in this Agreement.
5. You acknowledge and agree that:
  1. Your use of the Platform, Modules, and/or the Services, including, without limitation, your use of any Reports or intellectual property owned by the Licensor, is at your sole risk;
  2. the Platform, Modules, Services, all Reports and all Licensor Materials are provided on an "as is" and "as available" basis;
  3. Licensor endeavours to ensure but does not guarantee that the content displayed on the Platform or in the Reports will be accurate or up to date. In particular, you acknowledge and agree that the Platform and Modules rely on artificial intelligence processing and are highly dependent on the quality and accuracy of the Uploaded Data, and the duration and amount of machine learning acquired by the Platform at the relevant time. As such, Licensor shall not be liable for any Loss suffered arising out of or due to your reliance on any results or information provided by the Platform, Modules, Services, or any Reports;
  4. Licensor endeavours to ensure, but will not be able to ascertain the accuracy, quality, or reliability of any results, information, or materials posted on the Platform or in the Reports and will not be held liable for any loss suffered by you arising out of or due to any errors or inaccuracies on the Platform or in any Reports;
  5. Licensor is not liable for any viruses, spyware, defects, errors, or malfunctions to computers that arise out of your usage of the Platform or the Reports;
  6. Licensor is not liable for any reliance on any information, opinions or views expressed by Licensor on the Platform or the Reports;
  7. the above disclaimers and limitations are required for Licensor to provide you and other users with the full and complete Services requested and enable the Services to be provided to you.
Confidentiality

Each Party (“Recipient”) shall treat as confidential all data and information relating to the business and other operations of the other Party (“Owner”) and all other information whatsoever obtained by it pursuant to or by virtue of this Agreement in any form or medium (including written, electronic or verbal), including but not limited to all documents, materials, and information marked as "confidential" and whether or not such data and/or information is contained or embodied in the Platform ("Confidential Information"). For the avoidance of doubt, all data in and information relating to the Platform, the Services, Modules, the Licensor Materials, and including the terms of this Agreement, shall without any limitation, be included as the Confidential Information of Licensor, and you shall not use such Confidential Information for any purpose other than for internal reference, personal competency cum performance tracking purposes, internal business purposes, research, journal/article references using data in general with anonymity or benchmarking purposes.

Platform could also be used for other purposes eg:

recruitment and / or selection for succession planning or matching to vendors such as training providers etc.

2. The Recipient shall not divulge any Confidential Information to any person (except to its own employees and then only to those employees who need to know the same) without the Owner's prior written consent. Provided that this clause shall not extend to information which was rightfully in the possession of the Recipient prior to the commencement of the negotiations leading to this Agreement, or which is already public knowledge or becomes so at a future date (otherwise than as a result of the Recipient's breach of this clause). The Recipient shall not use any Confidential Information except for the purpose of performing any obligation or exercising any right under this Agreement.
3. The Recipient will establish and maintain sufficient security measures and procedures to provide for the safe custody of Confidential Information and to prevent unauthorised access thereto or use thereof.
4. The Confidential Information is hereby acknowledged as confidential by Parties, and may be disclosed by the Recipient if and only if:
  1. required by law or order of a court of competent jurisdiction or government department or agency with valid authority; or
  2. permitted under this Agreement,

and to such extent only as is necessary for the purposes contemplated by this Agreement, or as is required by law, and subject in each case to the Recipient using its best endeavours to ensure that the person in question keeps the Confidential Information confidential and does not use it except for the purposes for which the disclosure is made.

Data Protection
1. You shall comply with all applicable Data Protection Laws, and all data protection policies and procedures notified to you, with regard to the collection, processing, use, and disclosure of any personal data in the course of accessing the Platform, using the Services, and/or under this Agreement, including any personal data contained in the Uploaded Data, Reports, Licensor Materials and/or Confidential Information.
2. You undertake and warrant that you shall at all times collect, use, process and/or disclose all personal data strictly in accordance with lawful and valid consents obtained from the relevant individuals identified by such personal data, and in a manner that does not cause Licensor or Licensor Parties to be in breach of their obligations under any Data Protection Laws. You shall establish and implement your own procedures, standards and/or arrangements required for compliance with all Data Protection Laws.
3. In the event that you are aware of any threatened, suspected or actual act of unauthorised access, collection, use, disclosure, copying, modification, disposal or other similar act or compromise in respect of personal data, you shall promptly notify Licensor in writing of the same.
4. You undertake to ensure that each of your and/or your Business Entity’s directors, officers, shareholders, agents, employees, and representatives:
  1. comply with this Clause 13; and
  2. are contractually bound by the provisions of this Clause 13 by the incorporation of corresponding provisions of confidentiality and data protection in their employment and other applicable contracts,

and you shall forthwith inform Licensor of any breach of such provisions and Licensor shall take all necessary measures, including legal proceedings, to restrain such person from any further breach.

Termination : Notwithstanding any other provision in this Agreement to the contrary, Licensor reserves the right, without notice or cause and in its sole discretion, to terminate this Agreement. Licensor reserves the right to cancel, terminate, and/or suspend your access to and use of the Platform, Services, and/or your User Account at any time at its sole and absolute discretion without notice or justification, and/or terminate this Agreement, including without limitation in the event of unauthorised, or suspected unauthorised use of the Platform and/or the Services.

SECTION 1: INTRODUCTION

Effective: 1 August 2023
The purpose of this document ("Data Protection Policy") is to inform you of how Business Intelligence and 8nalytics "8nalytics" with its related corporations (collectively, the "Companies"), and their respective representatives and agents ("Representatives") collect, use and disclose Personal Data.

We may update or change this Data Protection Policy by publishing the latest version of our Data Protection Policy on our website. This ensures that our Data Protection Policy conforms with future developments, industry trends, and legal or regulatory changes. We may inform you of changes in how we process your Personal Data through appropriate means, such as by posting a notice or sending you a notification.

SECTION 2: PERSONAL DATA

In this Data Protection Policy, “Personal data” refers to information, whether true or not, about an individual who can be identified from (a) that data; or (b) from that data and other information to which Business Intelligence and 8nalytics Pte Ltd is likely to have access. It covers all forms of personal data, whether in electronic or non-electronic form. Personal data collected on the “Contact Us” and “Biodata” pages on https://8nalytics.com/ is considered business contact information as Business Intelligence and 8nalytics is a service provider.

The Personal Data you provide us depends on the nature of your interaction with us and the 8nalytics products and services you use. Some examples of Personal Data include:

1. Your full name;
2. NRIC, passport or other identification number;
3. Photograph or video image of an individual; 8nalytics
4. Mobile telephone number;
5. Contact details such as telephone number(s), mailing address, email address;
6. Your location;
7. Customer information
8. Account numbers, payment and transactional data; and
9. Information relating to any individuals which you provide to us.

SECTION 3: COLLECTION OF PERSONAL DATA

We will only collect your Personal Data when we have a valid reason to do so. Generally, we collect your Personal Data in the following ways:

1. Registration activity, such as visitor registration and customer registration;
2. Correspondence, such as emails, letters, faxes, and messaging services;
3. Voice communications, such as phone calls and voice recordings;
4. Photography or videography, such as during company or publicity events.
5. when you enter into any agreement, provide other documentation or information relating to your interactions and transactions with us, or when you use our services;
6. when you interact with us (including customer service officers for example, via telephone calls (which may be recorded), letters, online chat, fax, face-to-face meetings and e-mail);
7. when you are within our premises, or attend events hosted by us;
8. when you use services provided through our online and other technology platforms, such as websites and apps, including when you set up any online accounts with us;
9. when you ask us to contact you, include you in an e-mail or other mailing list, or participate in our promotions and other marketing initiatives;
10. when you send an employment application, provide documents or information (such as your resume) in connection with any appointment as an officer, director, representative or to any other position, or when you attend interviews with us;
11. when you interact with us via our websites and platforms, or use services on our websites and platforms;
12. when you respond to a request from us for additional Personal Data;
13. from third-party sources to which you have given your consent (such as our ecosystem partners) or if the collection of your Personal Data is necessary to comply with applicable data protection laws;
14. when you use our mobile and digital applications
15. when you give us consent to collect your Personal Data from your mobile device (e.g. location information); and
16. We may collect your information when you browse or use our website and platforms.
  
  If you provide us with any Personal Data of a third party (e.g. information on your customers, spouse, children, parents, and/or employees), you represent that, by sending such information to us, you have obtained the consent of such third party for you to provide us with their Personal Data for the respective purposes.
  
  You should ensure that all Personal Data sent to us is complete, accurate, true and correct. Failure on your part to do so may prevent us from providing you with the products and services you have asked for.

SECTION 4: PURPOSE OF THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA HELD BY BUSINESS INTELLIGENCE AND 8NALYTICS PTE LTD

We are transparent in how your Personal Data is used so that you can trust us. Generally, 8nalytics collects, uses and discloses your Personal Data for the following purposes:

1. responding to, processing and handling your complaints, queries, requests, feedback and suggestions;
2. establishing and verifying your identity;
3. managing our administrative and business operations;
4. requesting feedback or participation in surveys, conducting market research or analysis for statistical, profiling, or other similar purposes. These other purposes include the development, design and improvement of our products and services, and understanding customer behaviour, preferences, and market trends;
5. project management;
6. providing media announcements and responses;
7. marketing offers and promotions in relation to products and services (including co-branded products and services and organising promotional events);
8. in connection with any claims, actions or proceedings (including drafting and reviewing documents, transaction documentation, obtaining legal advice, and facilitating dispute resolution), and in protecting and enforcing our contractual and legal rights and obligations;
9. managing and preparing internal and external reporting;
10. training our employees to provide better products and services to you;
11. to determine service levels;
12. any other purpose relating to or reasonably necessary for any of the above.

SECTION 5: PROSPECTIVE CUSTOMER RELATIONSHIP WITH 8NALYTICS

In addition, 8nalytics collects, uses and discloses your Personal Data for the following purposes depending on the nature of our relationship:

1. evaluating your needs and providing recommendations to you;
2. assessing and processing any applications or requests made by you for products and services offered by 8nalytics; and
3. any other purpose relating to or reasonably necessary for any of the above.

SECTION 6: EMPLOYEES AND THIRD-PARTY RELATIONSHIPS WITH 8NALYTICS

Employees, Agents, third-party Vendors, Owners of a Referrer or other similar intermediaries

1. marketing and leads management;

2. processing commissions and remuneration; and

3. any other purpose relating to or reasonably necessary for any of the above.

SECTION 7: PARTIES TO A TRANSACTION

Parties or counterparties to a transaction (for example, a beneficiary of a fund transfer or payment)

1. providing cash, payment and transactional services (including the execution, settlement, reporting and/or clearing of the relevant transaction); and

2. any other purpose relating to or reasonably necessary for any of the above.

SECTION 8: PERSONS WHO APPLY FOR POSITIONS WITH US

This paragraph applies to candidates who send in applications for employment or representative positions, and independent contractors, interns and trainees who apply for (or are put forward for) positions with us.

1. conducting interviews;
2. processing your application which includes pre-recruitment or pre-engagement checks involving your qualifications and facilitating interviews.
3. providing or obtaining employee references and for background screening.
4. assessing and evaluating your suitability for employment or engagement in any current or prospective position.
5. verifying your identity and the accuracy of your personal details and other information provided; and
6. any other purposes relating to any of the above.

SECTION 9: EMPLOYEES, SUBCONTRACTORS, TEMPORARY STAFF, AND INTERNS WORKING WITH 8NALYTICS

The purposes listed below apply to you during your relationship with us. They may continue to apply even when your relationship with us has been terminated or altered in any way.

1. obligations under or in connection with your contract of employment or relationship with us, such as payment of remuneration and tax
2. reviewing salaries, remuneration and bonuses, conducting salary benchmarking reviews, staff appraisals and evaluations;
3. assessing and evaluating your suitability for employment or appointment, or continued employment or employment, and conducting appraisals and evaluations;
4. performing obligations in connection with the provision of our goods or services to our clients;
5. administrative, human resources related and support processes relating to your employment or relationship with us, including managing and terminating your employment or appointment, staff benefits, processing expense claims, administering insurance applications, leave administration, training, learning, resolving grievances and talent development;
6. ensure the safety, health and welfare of persons in our workplaces;
7. ensuring that operations function in a secure, efficient and effective manner (including examining or monitoring any computer software and hardware installed, your activities on such computer software and hardware, your internet access, your work e-mails and personal digital and storage devices);
8. investigating any acts or defaults;
9. providing and monitoring your use of tools that facilitate the performance of your duties;
10. administering cessation processes; and
11. any other purposes relating to any of the above.

SECTION 10: CONTACTING US
To contact our Data Protection Office regarding your Personal Data, our Data Protection Policy, please get in touch with us:

email: dpo@8nalytics.com; or
phone: 6255 5101

You may withdraw your consent for collecting, using and disclosing your Personal Data. If you withdraw your consent, 8nalytics may not be able to continue to provide its products or services to you, administer any contractual relationship already in place, or perform or conclude an existing or prospective agreement. This may result in the termination of any agreements you have with 8nalytics and your breach of contractual obligations or undertakings. In such an event, we reserve our legal rights and remedies.

SECTION 11: ASSESSMENT AND NOTICIATION OF BREACHES

8nalytics will conduct an assessment of data breach once there are credible grounds to believe that a data breach has occurred.

Reasonable and expeditious steps to assess whether the data breach is notifiable under the PDPA.

Assessments would be conducted within 30 calendar days upon realization of a breach.

SECTION 12: GOVERNING LAW

This Data Protection Policy and your use of this website shall be governed by the laws of Singapore.

Section 13: DATA PROTECTION NOTICE

This Data Protection Notice (“Notice”) sets out the basis which BUSINESS INTELLIGENCE AND 8NALYTICS PTE. LTD (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

PERSONAL DATA

As used in this Notice:

“customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and

“Personal data” means data, whether true or not, about a customer 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.

Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth, marital status, photographs and other audio-visual information, employment information and financial information such as credit card numbers, debit card numbers or bank account information.

Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).

COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except were permitted or authorised by law).

We may collect and use your personal data for any or all of the following purposes:

performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;

verifying your identity;

responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;

managing your relationship with us;

processing payment or credit transactions;

sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;

complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

any other purposes for which you have provided the information;

transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and any other incidental business purposes related to or in connection with the above.

We may disclose your personal data, where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or to third party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 5 above for us.

3. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

WITHDRAWING YOUR CONSENT

The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.

Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

ACCESS TO AND CORRECTION OF PERSONAL DATA

If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).

PROTECTION OF PERSONAL DATA

To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

ACCURACY OF PERSONAL DATA

We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

RETENTION OF PERSONAL DATA

We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

TRANSFERS OF PERSONAL DATA OUTSIDE OF SINGAPORE

We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.

DATA PROTECTION OFFICER

You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

EFFECT OF NOTICE AND CHANGES TO NOTICE

This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

Effective date: [01 August 2023]

Last updated: [01 August 2023]

Terms and Conditions