Privacy Policy - SwiftMark

By accepting these Terms, you acknowledge and agree that Swiftmark Consultancy Pte. Ltd. (Swiftmark) may collect, use and disclose your Personal Data (as defined below) as provided in these Terms, or (if applicable) obtained by Swiftmark’s organization, subsidiaries, affiliates, officers, agents or other partners, and employees as a result of the usage of our services, in accordance with the Personal Data Protection Act 2012 (No. 26 of 2012) and as may be amended or supplemented from time to time (the “Act”).

In doing so, the Company will ensure compliance by its staff to the strictest standards of security and confidentiality with respect of all personal information and data submitted by users via www.swiftmarkco.com, its sub-domains, and any other websites, media platforms, or applications operated by the Company (hereinafter collectively referred to as the “Channels”) and the Company will not release such information to anyone without the prior consent of the relevant user(s) of the Channels (whether registered or not) (the “User” or the “Users”), except to the authorized persons listed in Clause 4.1 below.

Users are strongly recommended to read this Privacy Policy carefully to understand the Company’s policy and practices with regard to the treatment of personal information and data provided by Users on the Channels. This Privacy Policy is applicable to both registered and non-registered Users, and the provisions herein may be updated, revised, varied, or amended from time to time as the Company deems necessary.

If Users have questions or concerns regarding this Privacy Policy, they should first contact the Customer Service Representative of the Company’s Customer Service Department at hello@swiftmarkco.com.

If you are under 18, please do not send any personal data about yourself to us.

Collection of Personal Data

1. Swiftmark may collect the following information (“Personal Data”) from you or your authorized representatives, from third parties, or publicly available sources through Swiftmark in the following ways:

The information you provide Swiftmark about yourself by filling in forms or questionnaires on Swiftmark or by corresponding with Swiftmark;
Information that you provide by filling in forms on our site www.swiftmarkco.com (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material, or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;
The information you provide Swiftmark using credentials from third-party platforms and applications (e.g. Facebook, Google). You authorize us to collect your authentication information, such as your username and encrypted access credentials. We may collect other information available on or through your third-party application account, including but not limited to your profile picture, country, hometown, email address, date of birth, gender, friends” names and profile pictures and networks;
Any Personal Data relating to a third party (e.g. information of your spouse, children, parents etc.) that you provide to us on the basis that you represent that, by submitting such information to us, you have obtained the consent of the third party to provide us with their Personal Data;
Your information that Swiftmark receives from other third-party sources; and
Where you contact us, a record of that correspondence may be kept for our internal training and quality assurance purposes.
Only duly authorized staff of the Company will be permitted to access the User’s personal information and data, and the Company shall not release such personal information and data to any third parties save and except for the circumstances listed out under the Clause 4.1.

2. Purposes of the Collection Personal Data

2.1 In the course of using the Channels, Users may disclose or be asked to provide personal information and/or data. In order to benefit from and enjoy the various services offered by the Channels, it may be necessary for Users to provide the Company with their personal information and/or data. Although Users are not obliged to provide the information and/or data as requested on the Channels, the Company will not be able to render certain services on the Channels if Users fail to do so.

2.2 Generally, we may use and/or disclose your Personal Data to our affiliates and subsidiaries, and their officers, directors, employees, business partners and agents for the following purposes, where permitted by the Act:

To improve your browsing and user experience by personalization;
To enable your use of the Services;
Where you have enabled integration with third-party platforms and applications (e.g. Facebook, Google), we may use your public information to promote the Services. Your information may be used to notify others including within Swiftmark, via email and through the third-party platforms and applications, about your use of the Services;
To provide to you the Services you have specifically requested;
To respond to your queries and requests and acting on complaints, suggestions, and/or submission of form(s) on Swiftmark;
To manage our infrastructure and business operations and comply with internal policies and procedures;
To verify your identity or any submitted Content;
To match any Personal Data held which relates to you for any of the purposes listed herein;
To provide media announcements and responses;
To perform analytics and tracking, and conduct market research;
To monitor or record phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation and identity verification purposes;
To conduct audits, reviews, and analysis of our internal processes, action planning, and managing commercial risk;
To comply with any applicable rules, laws and regulations, codes of practice or guidelines, or to assist in law enforcement and investigations by relevant authorities; and
Purposes which are reasonably related to the aforesaid.

2.3 The Company strives to collect only personal data which is necessary and adequate but not excessive in relation to the purposes set out above.

2.4 If the User is under the age of 18, the Company strongly recommends that he or she seeks prior consent from a parent or guardian, who may contact the responsible personnel of the Company at hello@swiftmarkco.com to register the User as member of the Channels.

2.5 If the Company requires the User’s personal data for a purpose other than those set out hereinabove, the Company may request the User’s prescribed consent to the same. If the User is a minor, the prescribed consent should be given by his or her parent or guardian.

3. Uses made of the information

3.1 The purposes for which information may be used by us in and outside Singapore include:

Ensuring that content from our site is presented in the most effective manner for you and your computer;
Providing you with alerts, newsletter, education materials or information that you requested or signed up to;
Carrying out our obligations arising from any contracts entered into between you and us;
Allowing you to participate in interactive features of our service, when you choose to do so;
Designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;
Complying with laws and regulations applicable to us or any of our affiliates in or outside Singapore;
Legal proceedings, including collecting overdue amounts and seeking professional advices;
Researching, designing and launching services or products including seminars/events/forums;
Promoting and marketing services and products subject to your exercise of the opt-out right or
Purposes directly related or incidental to the above.

3.2 We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

Your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;
The following classes of services, products and subjects may be marketed in direct marketing:
Services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);
Reward, loyalty or privileges programs, promotional offers and related services; and
Invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.

3.3 We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.

4. Disclosures of Personal Data

4.1 We will keep the personal data we hold confidential but may provide information to:

Personnel, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;
Our overseas offices, affiliates, business partners and counterparts (if any);
Persons under a duty of confidentiality to us;
Persons to whom we are required to make disclosures to under applicable laws and regulations in or outside Singapore; or
Actual or proposed transferees or participants of our services in or outside Singapore.

4.2 The Company agrees to take all practicable steps to keep all personal information and data of Users confidential and/or undisclosed, subject to the following conditions.

4.3 Generally speaking, the Company will only disclose and/or transfer the User’s personal information and/or data to the Company’s personnel and staff for the purpose of providing services to the User. However, the Company may disclose and/or transfer such information and/or data to third parties under the following circumstances:

Where the information and/or data is disclosed and/or transferred to any third-party suppliers or external service providers who have been duly authorized by the Company to use such information and/or data and who will facilitate the services on the Channels, under a duty of confidentiality;
Where the information and/or data is disclosed and/or transferred to any agents or associates of the Company who have been duly authorized by the Company to use such information and/or data;
Where the Company needs to protect, and defend its rights and property;
Where the Company considers necessary to do so in order to comply with the applicable laws and regulations, including without limitation compliance with a judicial proceeding, court order, or legal process served on the Channels; and
Where the Company deems necessary in order to maintain and improve the services on the Channels.

4.4 Personal data collected via the Channels may be transferred, stored, and processed in any country in which the Company operates. By using the Channels, the User is deemed to have agreed to, consented to, and authorized the Company to disclose and/or transfer his or her personal information and data under the circumstances stated above, as well as to any transfer of information (including the Information) outside of the User’s country.

5. Usage of Cookies

5.1 Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

5.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

5.3 We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

5.4 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

5.5 Our website uses Google Analytics, a web traffic analysis service provided by Google Inc. (“Google”). Please refer to http://www.google.com/policies/privacy/partners to find out more about how Google uses data when you use our website and how to control the information sent to Google

5.6 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

5.7 Furthermore, you can prevent Google’s collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).

5.8 The Company does not collect any personally identifiable information from any User whilst they visit and browse the Channels, save and except where such information of the User is expressly requested. When Users access the Channels, the Company records their visits only and does not collect their personal information or data. The Channels’ server software will also record the domain name server address and track the pages the Users visit and store such information in cookies, and gather and store information like Internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data in log files. All these are done without the Users being aware that they are occurring.

5.9 The Company and third-party vendors engaged by the Company use the Company’s cookies and third-party cookies, such as the Google Analytics cookies, together to inform, optimize, and serve marketing materials based on the Users’ past visits to the Channels.

5.10 The Company does not link the information and data automatically collected in the above manner to any personally identifiable information. The Company generally uses such automatically collected information and data to estimate the audience size of the Channels, gauge the popularity of various parts of the Channels, track Users’ movements and number of entries in the Company’s promotional activities and special events, measure Users’ traffic patterns, and administer the Channels. Such automatically collected information and data will not be disclosed save and except in accordance with the Clause 4.1.

5.11 We may collect or analyze anonymized information from you (“cookies”) when you visit Swiftmark and/or when you integrate your Swiftmark Account with third party platforms and applications (e.g. Facebook, Google). Most websites like ours use cookies to enhance your online experience. Swiftmark uses cookies on Swiftmark for the follow purposes:

To provide you with a better user experience while using Swiftmark, as well as improve Swiftmark. This enables certain features and functions on our website, such as remembering your Swiftmark Account information, or browsing preferences for the Services;
To improve the efficiency of Swiftmark;
To administer services to you and to advertisers;
To establish usage statistics; and
To allow business partners to collect information about your online activities through the cookies and other Technology when you use Swiftmark and the Services. The information gathered by these business partners are personally non-identifiable information which is used to make predictions about your interests, characteristics, or preferences and to personalise advertising you may encounter on Swiftmark and on other websites.

5.12 You may disable the collection of cookies associated with the above by changing the setting on your browser. You acknowledge that this may materially affect your usage of Swiftmark.

5.13 We will take reasonable technical precautions to prevent the loss, misuse or alteration of your Personal Data. We will store all Personal Data on secure servers.

5.14 Swiftmark may, from time to time, contain links to and from websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that Swiftmark does not accept any responsibility or liability for any policies or for any personal data that may be collected through these websites or services, such as your contact and location data. Please check these policies before submitting any personal data to these websites or using these services.

5.15 Parties to these Terms shall comply with the Act and all other successor legislation and regulation in the performance of the obligations set out under these Terms.

6. Subscription to Newsletter, Promotional Materials, or Marketing Materials

6.1 The Company may from time to time send to members and Users of the Channels newsletters, promotional materials, and marketing materials based on the personal information and data that they have provided to the Company. The Company may use the User’s data in direct marketing and the Company requires the User’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

The name, login ID and password, contact details, age, sex, date of birth, country of residence, nationality, education level, and work experience of the User held by the Company from time to time may be used by the Company and/or its authorized personnel or staff in direct marketing;
The following classes of services, products, and subjects may be marketed:
Products and services offered by the Company and its advertisers (the names of such entities can be found in the relevant advertisements and/or promotional or marketing materials for the relevant products and services, as the case may be); or
Donations and contributions for charitable and/or non-profit making purposes;
The above products, services, and subjects may be provided or (in the case of donations and contributions) solicited by the Company and/or;
Third party service providers providing the products, services, and subjects listed in Clause 6.1(ii) above; and
Charitable or non-profit marking organizations;
In addition to marketing the above services, products, and subjects itself, the Company also intends to provide the data described in Clause 6.1(i) above to all or any of the persons described in Clause 6.1(ii)(b) above for use by them in marketing those services, products, and subjects, and the Company requires the User’s written consent (which includes an indication of no objection) for that purpose; and
The Company may receive money or other property in return for providing the data to the other persons in Clause 6.1(ii)(b) above and, when requesting the User’s written consent as described in Clause 6.1 above, the Company will inform the User if the Company receives any money or other property in return for providing the data to the other persons.

6.2 Suitable measures are implemented to make available to such members the options to opt out of receiving such materials. In this regard, Users may choose to sign up or unsubscribe for such materials by logging into the registration or user account maintenance webpage, or by clicking on the automatic link appearing in each newsletter/message, or by contacting the Customer Service Representative of the Company at hello@swiftmarkco.com.

7. Access

7.1 Any User is entitled to request access to or make amendments to his or her own personal information and data kept with the Company by contacting the Customer Service Representative of the Company at hello@swiftmarkco.com.

7.2 In the event that a User wishes to access or amend his or her personal information and data, the Company may request him or her to provide personal details in order to verify and confirm his or her identity. An identity card number or passport number or company registration number cannot be amended unless such data is proved to be inaccurate. The Company is required to respond to a User’s request within seven (7) days of his or her request and will endeavor to do so wherever possible.

8. Google Analytics

8.1 Google Analytics Advertising Features (“Features”) are implemented on the Channels. The Features which the Company has implemented are based on Google Analytics Demographics and Interest Reporting.

8.2 Google Analytics is a web analysis service provided by Google which utilises the data collected to track and examine the use of the Channels to prepare reports on the Users’ activities and share them with other Google services. Google may use the data collected to contextualise and personalise the marketing materials of its own advertising network.

8.3 Users can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

9. Withdrawal of Consent

9.1 You may withdraw consent in respect of any collection, use, or disclosure of your Personal Data or make corrections to your Personal Data records by notifying Swiftmark’s Customer Service Representative or Personal Data Protection Officer in accordance with Privacy Policy Clause 14.2.

9.2 Where your Personal Data has been received from third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies), you should contact such party directly to make any queries, feedback, and access and correction requests to Swiftmark on your behalf.

9.3 Please note that if you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, Swiftmark may not be in a position to continue to provide its products or services to you or administer any contractual relationship in place, and this may also result in the termination of any agreements with Swiftmark and your being in breach of your contractual obligations or undertakings, and Swiftmark’s legal rights and remedies in such event are expressly reserved.

10. Security

10.1 All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

10.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk and you agree not to hold us responsible for any breach of security while accessing the internet that is out of our control. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

10.3 The security of Users’ personal information and data is important to the Company. The Company will always strive to ensure that Users’ personal information and data is protected against unauthorised access. The Company has implemented appropriate electronic and managerial measures in order to safeguard, protect, and secure Users’ personal information and data.

10.4 All personal data and information provided by Users is only accessible by the authorised personnel of the Company or its authorised third parties, and such personnel shall be instructed to observe the terms of this Privacy Policy when accessing such personal information and data. Users may rest assured that their personal information and data will only be kept for as long as is necessary to fulfill the purpose for which it is collected. Registered Users should safeguard their unique usernames and passwords by keeping them secret and confidential and by never sharing these details with anyone.

10.5 The Company uses third-party payment gateway service providers to facilitate electronic transactions on the Channels. Regarding sensitive information provided by Users, such as credit card numbers for completing any electronic transactions, the web browser and third-party payment gateway communicate such information using secure socket layer technology (SSL).

10.6 The Company follows generally accepted industry standards to protect the personal information and data submitted by Users to the Channels, both during transmission and once the Company receives it. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while the Company strives to protect Users’ personal information and data against unauthorised access, the Company cannot guarantee its absolute security.

11. TERMINATION

11.1 We may terminate your Account immediately without prior notice under certain circumstances at our own discretion, such circumstances shall include (but is not limited to):

Breaches or violations of the Terms or other incorporated documents, guidelines or rules;
Request by law enforcement or other government agencies;
Self-initiated account deletions;
Infringement of intellectual property rights of others;
Discontinuance or material modification to Swiftmark’s Services, or part thereof;
Unexpected technical or security issues or problems; or
Extended periods of inactivity.

11.2 The user has the right to delete all personal data collected by the app by sending an account deletion request email to hello@swiftmarkco.com.

11.3 Termination of your Account shall result in:

Removal of access to and barring of further use to all of Swiftmark’s Services that are associated with such your Swiftmark Account; and
Deletion of your password and all related information, files and content associated with or inside your Swiftmark Account (or part thereof).

11.4 Termination of your Swiftmark Account shall be without prejudice to any other rights or remedies we may be entitled to under the Terms, at law or in equity and shall not affect any accrued rights or liabilities nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

11.5 The Terms of Service will continue to apply until terminated by either you or us as follows.

11.6 You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.

11.7 We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:

You have violated these Terms of Service or
You create risk or possible legal exposure for us; or
Our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

11.8 In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

12. GENERAL TERMS

Death (for individuals only): Any Swiftmark Account that you may have with us is not transferrable and any rights to such account will terminate upon your death. Upon receipt of a copy of your death certificate, your account will be terminated and all content that you have generated in your account will be permanently deleted.

Waiver: Swiftmark’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. No waiver by Swiftmark of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Severance: If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this agreement.The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Indemnity: You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

Several users: If there are two or more persons adhering to these Terms of Service as user, their liability under the Terms of Service is joint and several, and their rights are joint.

Data transfers: We may hold your data on servers in Singapore and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at Clause 4.1 a. above, who may be located in or outside of Singapore.

No Partnership or Agency: Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

Third Party Rights: A person who is not a party to these Terms shall not have any rights to enforce its terms.

Languages: This agreement is drafted in the English language. If this agreement is translated into any other language, the English language version shall prevail.

Governing Law & Jurisdiction: The Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

13. Your consent and rights

13.1 By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.

13.2 Under the Personal Data Protection Act (the “PDPA”), individuals have the right:

To check whether we hold personal data about you and to access such data;
To require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;
To ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and
To object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.

13.3 You may exercise opt-out right by notifying us if you wish to object to the use of your personal data for direct marketing purposes. Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to:

13.4 In accordance with the terms of the PDPA, we have the right to and may charge a minimum fee for processing any data access request.

14. NOTICES

14.1 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, shall be in writing and made by Swiftmark:

Via a posting circulated through the App or Website; and/or
Via the email address you provided when registering for your Swiftmark Account (where applicable).

14.2 All notices to Swiftmark pursuant to these Terms shall be given:

Via email to hello@swiftmarkco.com; or
Via the hotline at +65 8882 3909;
Via post to Swiftmark Consultancy Pte Ltd
7 Temasek Boulevard
#12-07 Suntec Tower One
Singapore 038987
For notices made by email, the date of receipt will be deemed the date on which such notice is successfully sent.
The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.