Privacy Notice
Version 20240311
Version 20240313
Introduction
Empyrion DC Pte. Ltd., Empyrion DC (Asia) Pte. Ltd., our respective related corporations and affiliates (collectively “Group”, “us”, “we” or “our”) form a next-generation digital infrastructure platform. As part of our businesses, we build, design, develop, manage and own data centres (collectively “Products & Services”).
We respect your privacy and are committed to safeguarding the personal information that you provide to us. Our Privacy Notice sets out terms on how we collect, use, disclose, process, transfer, retain and secure your personal information, as well as your rights and choices you have with respect to your personal information
Our Privacy Notice applies to all departments and business units across our Group. For the avoidance of doubt, to the maximum extent permitted under applicable laws, nothing in our Privacy Notice establishes any joint and several liability on the part of any member of our Group.
This Privacy Notice, which may be updated from time to time at our discretion, must be read together with our Terms of Use (hosted on our corporate website). Capitalised terms in our Privacy Notice shall bear the same meaning as those in our Terms of Use, unless the context requires otherwise or unless otherwise defined herein.
Personal Information
For the purposes of our Privacy Notice:
(a) “personal information” refers to data, whether true or not, about an individual who either (i) can be identified from that data, or (ii) from that data and other information to which we have or is likely to have access.
(b) “business contact information” refers to an individual’s personal information (e.g. name, position name or title, business telephone number, business address, business electronic mail address or business fax number and any other similar information about the individual), which was not provided by the individual solely for his/her personal purposes.
Depending on the nature of your interaction with us, the types of personal information provided to us may include without limitation:
(a) contact information, such as your full name, designation, email address, residential / office / shipping address, fax number, and telephone / handphone number;
(b) demographic information, such as your age, nationality, date of birth, education, and profession;
(c) financial information, such as bank details, payment card number, and billing address;
(d) identification information, such as your passport, national registration identity card, staff or student pass, visa or other government-issued ID;
(e) user account information, such as username, password, and user activities on our Sites;
(f) content such as photos, videos, comments, feedback, online posts and other content you provide;
(g) signature, which you may provide (e.g. when you sign an agreement or form);
(h) health information such as COVID-19 vaccination status, travel history and health declaration, which you may provide (e.g. when visiting our data centres or offices (collectively our “Premises”));
(i) employment information, such as employment history, education, training and skills, background check information, proof of eligibility to work in Singapore, military service, and any other information provided in connection with an application if you apply for a job with us;
(j) records of phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation, and identity verification purposes;
(k) any other information you or your representatives/agents provide to us; and
(l) sensitive information, such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, criminal convictions and offences (insofar as such information is capable of identifying individuals either directly or indirectly).
Applicability
Our Privacy Notice is governed by Singapore laws and subject to the exclusive jurisdiction of the Courts of Singapore
Unless you inform us expressly in writing, you shall be presumed to be citizen of and resident in Singapore. Without prejudice to the foregoing, kindly note that unless you expressly inform us in writing, you shall be presumed to be:
(a) a non-resident and a non-citizen of the European Union and the General Data Protection Regulation (GDPR) of the European Union does not apply to your personal information. As such, if you are a resident or a citizen of the European Union and/or GDPR applies to your personal information, you should inform us in writing as soon as reasonably possible; and
(b) a non-resident and a non-citizen of the People’s Republic of China; and data security laws (中华人民共和国数据安全法), personal information protection laws (中华人民共和国个人信息保护法) and cyber-security laws （中华人民共和国网络安全法）(collectively “PRC Data Laws”) do not apply to your personal information. As such, if you are a resident or citizen of the People’s Republic of China and/or PRC Data Laws applies to your personal information, you should inform us in writing as soon as reasonably possible.
Notwithstanding the above, if your personal information has been collected, used or disclosed by us in any particular jurisdiction which has specific requirements or exceptions regarding personal information, we will comply with the applicable data protection regulations in that jurisdiction insofar that they deviate materially from data protection regulations in Singapore.
Our Sites may contain plugins or links to websites that are owned and/or operated by third parties. The information practices of those third-party plugins and/or websites are not covered by our Privacy Notice. We are not responsible for the privacy notices, statements or policies of websites to which our Sites links. If you provide any information to such third parties, different rules regarding your personal information may apply. You should check such third parties’ privacy notices, statement or policies before providing any information to them.
Our Privacy Notice is written in English. Any translation into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English version prevails and take precedence always.
While we safeguard your personal information in the manner set out herein, no method of transmitting or storing electronic information is ever completely secure, and thus we make no warranty, express, implied, or otherwise, that your personal information will never be collected, used, disclosed, processed, transferred, retained or secured in a manner by any other third party that is inconsistent with our Privacy Notice. To the extent permitted by applicable laws, we shall not be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, any third party’s collection, use, disclosure, processing, transferring, retaining or securing of your personal information, regardless of whether such damages are based on contract, tort or other theories of liability; and liabilities owing by us to you under or in connection with the T&Cs shall be capped at no more than S$500 in total for all claims.
Your Responsibility
You should ensure and undertake that all information submitted to us is complete, accurate, true and correct.
Where any personal information of a third party is provided by you to us for any particular purpose, you must seek his or her appropriate consent before you provide us with such personal information. You represent and warrant that the collection, disclosure and/or transfer of such third party’s information to us, and the further collection, processing, storage and/or use of that information by us for the purposes in our Privacy Notice, is lawful. We may request for proof of such third-party consent obtained by you.
Collection
We generally collect your personal information using different ways and from various sources, including when you:
(a) access, use and/or visit our Premises and/or our Sites; and/or follow our social media accounts;
(b) register for, purchase and/or use any of our Products & Services;
(c) submit forms relating to any of our Products & Services;
(d) request to be included in an email or other mailing list;
(e) attend/participate in our activities/events; or any other events, talks, webinars, seminars or discussions which we are sponsors, hosts, organisers, exhibitors and/or speakers of (collectively our “Events”);
(f) respond to our marketing representatives and agents, for market surveys or otherwise;
(g) interact with our customer service officers or any of our staff through any means (including without limitation through face-to-face meetings, via email or telephone calls, or through our social media accounts);
(h) submit a job application;
(i) enter into agreements with us;
(j) have been referred to us by our or your agents/partners or other third parties;
(k) contact us or request that we contact you; and/or
(l) submit your personal information to us for any other reason.
In addition to the above, we may obtain information from other sources, including without limitation:
(a) publicly available information, such as name, contact information, content and online activity that we obtain from publicly available sources and social media platforms. If your profile is public, your information may be visible to anyone on our Sites and may also be accessed or shared by other users as well as third parties such as search engines, content aggregators and news sites;
(b) video, audio and other sensory information, such as images, video, and audio that may be collected or processed through our security cameras, closed-circuit television, recorded phone lines, voice recorders, and other technologies, where permitted by applicable laws;
(c) data from third-party sources, such as personal information we obtain from our third-party service providers (including background-check providers, data aggregators and data cleansing companies) and business partners;
(d) inferences drawn from any of the above information to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes towards our products and services; and
(e) your employer, employee, friends, family, agent/representative, or service provider.
Kindly also refer to our Terms of Use and our Cookie Policy for more information pertaining how we may also collect information from you on our Sites automatically through cookies, web beacons or similar technologies. Such information collected includes without limitation:
(a) technical information, such as your internet protocol addresses, browsing history, mobile carrier, time zone settings, geolocation data, identifiers for advertising purposes, the version of the app you are using, and the device you are using to access and/or use our Sites such as the model of your device, the device system, network type, device ID, your screen resolution and operating system; and/or
(b) behavioural information regarding your online activities, such as preferences you set for ease of use and accessibility of our Sites, how you engage with our Sites, including how you interact with content we show to you, the advertisements you view, videos you watch, and problems encountered.
Consent
By providing us, or authorising your authorised representative(s) to provide us, with your personal information, you are deemed to have agreed and consented to our (including our agents’ and representatives’) collection, disclosure, processing, storage, transfer and/or use, whether within Singapore or overseas/cross-borders, of your personal information by us for the purposes set out herein. Our Privacy Notice supplements but does not supersede nor replace any other consent(s) previously provided by you to us in respect of your personal information nor does it affect any rights which we may have under applicable laws in connection with your personal information.
For avoidance of doubt, by using our Sites, you are deemed to have consented to (a) our Cookie Policy, and (b) the collection, disclosure, processing, storage, transfer and/or use, whether within Singapore or overseas/cross-borders, of your personal information by us for the purposes set out herein. In particular, when you submit certain forms within our Sites or participate in our Events, you may opt-in to receive marketing materials, event collaterals as well as industry news and updates from us. If you opt-in to receive such information, you are deemed to have consented to our using your personal information for the aforementioned purposes herein, and disclosing and/or transferring, whether within Singapore or overseas/cross-borders, your personal information to marketing agents, partners and/or representatives to carry out marketing activities on our behalf.
By:
(a) participating in our Events,
(b) accessing, using and/or visiting our Premises, our Sites and our Products & Services,
you consent to be photographed, filmed and/or recorded, and you further consent to the use of any such film, image or recording for public transmission, including for security, advertising and promotional purposes. We may, without prior notice, use (A) images taken or videos recorded at our Events, and (B) any screenshot or screencast of any our Events (which are held online) with your photograph, name, image, likeness, voice, biography and abstract in any media (including publication within and outside Singapore) and for purposes set out herein, without identification, compensation or payment of any kind. As such, if you do not agree to be photographed, filmed or recorded, please do not allow yourself to do so by taking proactive steps, including without limitation leaving our Premises or our Sites, avoiding cameras and/or recording devices, turning off your microphone and webcam, and/or informing us or the relevant host/organiser accordingly.
How We Use Personal Information
General purposes. Personal information and business contact information may be collected, disclosed, processed, stored, used and transferred by us, whether within Singapore or overseas/cross-borders, for the following purposes:
(a) performing obligations in the course of or in connection with our provision of any of our Products & Services, including organising our Events;
(b) provision of access to our Premises;
(c) communicate with you, processing and responding to your requests, queries including media requests, applications, complaints and feedback from you;
(d) providing media announcements and responses;
(e) verifying your identity;
(f) processing information pertaining your credit card, bank account or payment details to process your registration and/or fulfil your purchases/orders;
(g) maintaining the safety and security of our Premises and/or our Sites;
(h) review, improve, enhance or develop our Products & Services, or methods or processes for our operations, including compiling data and conducting statistical, demographic and data analysis, and market research;
(i) sending you information, updates, invitations, feedback/surveys, outreach activities, marketing and advertising materials, information about our Events and any of our Products & Services;
(j) facilitating the provision of products and services by our third-party vendors, service providers, insurance providers and professional advisers;
(k) facilitating any proposed or actual business asset transactions, assignments or transfers in any of our rights or obligations in relation to your information;
(l) protect and enforce our contractual and legal rights and obligations;
(m) managing our infrastructure and business operations, and complying with our internal policies and procedures, and any applicable law, rules and regulations, codes of practice, guidelines, court order, legal processes or other requirements/instructions of any governing/statutory authority (including applicable stock exchange);
(n) audit requirements and/or general corporate requirements;
(o) resolving complaints and handling requests and enquiries;
(p) handling claims/disputes, conducting and facilitating investigations, proceedings, conducting checks to prevent, detect and investigate crime (including fraud and money-laundering), and/or analyse and manage other commercial risks;
(q) any other legitimate business or interest purposes relating to or in connection with the above, such as managing the relationship between you and us, facilitating internal business purposes; and/or
(r) any other purposes which you have provided the information for, which we have notified you or obtained your consent, or we reasonably deem you have consented to.
Our Sites. If you access and/or use any of our Sites or attend any of our Events, personal information and business contact information may be collected, disclosed, processed, stored, used and transferred by us, whether within Singapore or overseas/cross-borders, for the following purposes:
(a) processing your purchase or application for Products & Services or customer/user accounts;
(b) maintaining your customer/user account with us;
(c) verifying and processing your identity and process payments in relation to our provision of our Products & Services;
(d) providing you with our Products & Services;
(e) communicating with you for administrative matters;
(f) resolving complaints and handling requests and enquiries;
(g) conducting market research for statistical, profiling and statistical analysis for the improvement of our Products & Services;
(h) improvement, promotion and development our Sites;
(i) allowing you to participate in interactive features of our Sites;
(j) enabling you to share user content and interact/socialise with other users of our Sites;
(k) providing you with user support and administering our Sites;
(l) ensuring your safety and security when accessing or using our Sites;
(m) personalising the content you receive and providing you with tailored content on our Sites regarding our Products & Services that will be of interest to you; and/or
(n) for such other purposes related to the above described, or otherwise specified by us at the time of collection of your information.
Customers, tenants and licensees. If you are a customer, tenant or licensee, or a prospective customer, tenant or licensee, at any of our Premises, personal information and business contact information may be collected, disclosed, processed, stored, used and transferred by us, whether within Singapore or overseas/cross-borders, for the following purposes:
(a) conducting due diligence checks and security purposes;
(b) preparing, performing, execution and/or enforcement of agreements entered into between you and us;
(c) performing administration/management of the lease or licence;
(d) performing financial transactions, such as collection of payments;
(e) communicating with you for administrative purposes;
(f) insurance purposes;
(g) handling claims/disputes, conducting and facilitating investigations, and/or proceedings; and/or
(h) for such other purposes related to the above described, or otherwise specified by us at the time of collection of your information.
Vendors and contractors. If you are a vendor or contractor, a prospective vendor or contractor, personal information and business contact information may be collected, disclosed, processed, stored, used and transferred by us, whether within Singapore or overseas/cross-borders, for the following purposes:
(a) evaluating your proposal, your capabilities and your suitability to act as a vendor or contractor;
(b) conducting due diligence checks and security purposes;
(c) preparing, performing, execution and/or enforcement of agreements entered into between you and us;
(d) performing contract administration/management;
(e) performing financial transactions, such as payments;
(f) communicating with you for administrative purposes;
(g) insurance purposes;
(h) handling claims/disputes, conducting and facilitating investigations, and/or proceedings; and/or
(i) for such other purposes related to the above described, or otherwise specified by us at the time of collection of your information.
Employment.
(a) If you are our employee, or apply to us as a candidate for employment, personal information and business contact information may be collected, disclosed, processed, stored, used and transferred by us, whether within Singapore or overseas/cross-borders, for the following purposes:
(i) processing your application including pre-employment checks;
(ii) providing or obtaining employment references;
(iii) collecting information about your suitability for the position applied for;
(iv) conflict checks;
(v) organising training and staff development programmes;
(vi) assessing your performance;
(vii) administering benefits and payroll processing;
(viii) providing you with tools to facilitate or as required for you to do your job;
(ix) communicating with you to comply with our policies and processes, including for business continuity purposes;
(x) staff management and discipline; and/or
(xi) for such other purposes related to the above described, or otherwise specified by us at the time of collection of your information.
(b) If you are family member or dependant of our employee; personal information and business contact information may be used by us for the following purposes:
(i) conflict checks;
(ii) administering benefits; and/or
(iii) for such other purposes related to the above described, or otherwise specified by us at the time of collection of your information.
Marketing. If you have opted-in to receive marketing materials, event collaterals as well as industry news and updates from us, your personal information and business contact information may be collected, disclosed, processed, stored, used and transferred by us, whether within Singapore or overseas/cross-borders, for the following purposes:
(a) conducting market research and surveys to help us understand and determine customer location, preferences and demographics to develop special offers and marketing programmes in relation to our Events and/or our Products & Services;
(b) lead generation and management for the marketing/promotion of our Events and/or our Products & Services;
(c) communicating to you advertisements and/or marketing materials in relation to our Events and/or our Products & Services; and/or
(d) for such other purposes related to the above described, or otherwise specified by us at the time of collection of your information.
Do-Not-Call. We abide strictly to the Do-Not-Call provisions of the Personal Data Protection Act 2012 (Singapore Statutes). We will refrain from calling you or sending you messages for marketing purposes if you have registered your Singapore telephone number on the relevant Do-Not-Call registry, unless we are allowed to do so under applicable laws. However, if you have given us consent to call you or send you messages for marketing purposes, we may continue contact you using the telephone number that you have provided us until you withdraw your consent to us; and in this instance, kindly note that the manner in which we may contact you using your telephone number(s) includes without limitation via voice calls, SMS, fax, instant messaging or other means.
Derivative Data. We may anonymise, aggregate, combine, compile, de-identify, and/or merge personal information and business contact information collected from you with information from other third-party sources (including information collected on our Sites and information collected offline), and derive or generate secondary data (through human intervention or automatically using computer AI), to:
(a) help us improve our Events, our Premises, our Sites and/or our Products & Services;
(b) help us improve marketing, and communications with you;
(c) help us tailor our interactions with you and improve your customer experience; and
(d) for such other purposes related to the above described, or otherwise specified by us at the time of collection of your information.
How We Share Personal Information
All personal information and business contact information held by us will be kept confidential, but we may, where such disclosure is necessary for purposes set out herein, or a directly related purpose for which your information purpose was collected, share such information to the following persons who may be located in Singapore or elsewhere (i.e. cross-borders):
(a) other divisions or entities within the Group;
(b) our agents, contractors, suppliers, specialist advisers and third-party service providers who process your information (including for administrative, analysis and analytics, archival, audit, background and credit checks, data hosting or management, delivery/shipping, development, financial, identity verification, information technology services and support, marketing, market research, operational, payment, payroll, research, reservations, security, storage, telecommunications, ticket operations, and training);
(c) our advertising, marketing and promotion agents and representatives;
(d) banks, payment gateways, credit card issuing companies, credit bureau, or collection agencies necessary to establish and support the payment of any products and/or services due or requested;
(e) our lawyers, auditors, insurers, insurance investigators, credit providers, and other professional advisers;
(f) our joint venture and collaboration partners;
(g) our business partner, investor, assignee, transferee, or other third party, whether actual or prospective, to facilitate business asset transactions, in the event that (i) we sell or buy any business or assets, or (ii) we sell, buy, merge, are acquired by, or partner with other companies or businesses, or (iii) sell some or all of our assets (including in the event of a merger, acquisition, joint venture, reorganisation, divestiture, dissolution, or liquidation);
(h) government authorities, governing/statutory authorities, stock exchanges, law enforcement agencies, regulators, dispute resolution centres, and their representatives in compliance with applicable law, rules and regulations, codes of practices, guidelines, court orders and other legal processes or requirements;
(i) any person or company/organisation who is acting for, jointly or on our behalf, in respect of the purposes set out herein or a directly related purpose for which your information was provided; and/or
(j) other persons for which we have provided specific notice at the time of collection of your information and obtained your consent, to the extent required by applicable laws.
Our businesses may require us to transfer your personal information to, and store your personal information in external servers located in, Singapore and other countries outside of the country in which the information originally was collected (including the jurisdictions which our service providers, partners, collaborators or such other persons identified herein with whom we share your personal data with, are based in and/or operate in) that may not provide the same level of data protection as your home country. We will take appropriate safeguards to ensure that we protect your information in accordance with applicable laws including ensuring that the relevant recipients of your personal information are bound to duties of confidentiality and implement standard contractual clauses.
How We Protect Your Personal Information
We will use reasonable administrative, technical and physical measures and safeguards to protect your personal information against accidental, unlawful, or unauthorised destruction, loss, alteration, access, disclosure, or use.
In general, we will exercise commercially reasonable endeavours (without any guarantee) to procure organisations outside our Group (which handle or obtain your personal information as service providers to us) to:
(a) protect the confidentiality of personal information;
(b) undertake to comply with applicable data protection and privacy laws;
(c) regulate and safeguard your data protection rights; and/or
(d) use your information only for our purposes strictly in accordance with our directions and instructions,
and while we take reasonable care in our selection of our service providers, we are only responsible for our own compliance with applicable laws in relation to privacy or protection of personal information. Nothing herein shall be deemed as a guarantee, representation or warranty pertaining our service providers’ compliance with applicable laws in relation to privacy or protection of personal information.
Your Rights and Choices
You have certain rights and choices in connection with the personal information we obtain about you, such as how we use the information and how we communicate with you. To help protect your privacy and maintain security, we may take steps to verify your identity and request for further information before processing your request.
We will keep all personal information collected as accurate, complete and up to date as necessary, taking into account its intended use and the interests of the Group. Where possible, we will validate the personal information using generally accepted practices and guidelines.
You have the right to withdraw any consent you previously provided to us to collect, disclose, store, use, transfer and/or process your personal information (“Earlier Consent”) and request that we delete your personal information from our records (“Deletion Request”). However, your withdrawal of Earlier Consent or Deletion Request will not affect the lawfulness of our collecting, disclosing, storing, using, transferring and/or processing of your personal information for compliance with applicable laws or any such other legitimate grounds/purposes (if allowed under applicable laws). Further to the above, if you withdraw your Earlier Consent or submit a Deletion Request, do note that there may be a possibility that we would no longer be able to provide or continue providing certain Products & Services to you and you may also no longer be able to partake in our Events.
You have a right to verify, copy, and/or correct your personal information which was provided to us. In particular, subject to applicable laws, you may have the right to receive, in a structured, commonly used, and machine-readable format, the personal information that you provided us with, as well as the right to have this information transmitted to another organisation, where it is technically feasible.
To the extent permitted by applicable laws, a nominal charge may apply to your exercise of the rights described above, to cover our cost of verifying the request and locating, retrieving, copying, correcting, deleting or porting your personal information (as the case may be).
Contact Details
For any questions, comments, requests or complaints regarding our Privacy Notice, or to exercise your rights and choices in respect of your personal information, please contact us at:
(a) Post: Data Protection Officer
9 Raffles Place
#22-02 Republic Plaza
Singapore 048619
(b) Email: [email protected]