Personal Data Protection Policy

Personal Data Protection Policy

Protection of your Personal Data is important to us. The CapitaLand Personal Data Protection Policy (Policy) outlines how we manage the Personal Data we hold. The Policy applies to all departments and business units across the CapitaLand Group. CapitaLand Limited (Registration Number 198900036N), and/or its related corporations and affiliates (referred to hereunder as “CapitaLand”, the ”CapitaLand Group”, “we”, “us” or “our”) collectively or singularly as the context requires, recognise the importance of protecting Personal Data.

We respect the confidentiality of Personal Data and privacy of individuals and are committed to complying with the Singapore Personal Data Protection Act (Act 26 of 2012) (PDPA) and other applicable data protection laws, including the European Union (EU) General Data Protection Regulation (GDPR), where applicable. Please read this Policy so that you know and understand the purposes for which we collect, use and disclose your Personal Data.

We adopt a pragmatic "Data-light, Data-tight" approach in our business conduct.

"Data-light" means that we collect Personal Data only for what is required in business or in activities conducted by our organisation and will properly destroy the Personal Data once there is no business or legal purpose. We do not collect Personal Data randomly or indiscriminately without purpose.

"Data-tight" means that we do not disclose your Personal Data unless prior consent has been obtained and we have administrative, physical and Information Technology (IT) security measures to protect your Personal Data.

This Policy supplements and does not supersede nor replace any other consents you may have previously provided to us in respect of your Personal Data. This Policy also does not affect any rights which any member of the CapitaLand Group may have at law in connection with the collection, use or disclosure of your Personal Data.

For the avoidance of doubt, to the maximum extent permitted under applicable law, nothing in this Policy establishes any joint and several liability on the part of the CapitaLand Group members.

Generally, we process your Personal Data for one or more of the specific purposes identified in this Policy based on your consent obtained. Where GDPR applies, the legal basis for our processing of your Personal Data could also be that it is necessary for the legitimate interests pursued by us, or a third party which is described in paragraph 3.8 of this Policy. These legitimate interests include providing services to you where you are our client, managing the relationship between CapitaLand and you and facilitating internal business purposes and administrative purposes. In some cases, the provision and processing of your Personal Data may be a statutory and/or contractual requirement, or may be necessary in order to perform any contract you have agreed with us or perform services that you have requested.

In addition, if your Personal Data has been collected, used or disclosed by us in a particular jurisdiction which has specific requirements or exceptions to the definition of Personal Data, including sensitive Personal Data, we will comply with those requirements under the applicable data protection regulations in that jurisdiction.

  1. Your Personal Data
    1. 1.1
      “Personal Data” refers to any data or information about you from which you can be identified either (a) from that data alone; or (b) from that data combined with other information. Examples of such Personal Data which you may provide us include (depending on the nature of your interaction with us):
      1. your name, national registration identification number, passport number or other identification number, telephone number(s), mailing address, email address, facial image in a photograph or video recording, fingerprint and any other information relating to you which you have provided us in any form you may have submitted to us, or in other forms of interaction with you;
      2. information about your use of our websites and services, including cookies, IP addresses, subscription account details and membership details;
      3. your employment history, education background, and income levels; and
      4. your payment related information, such as your bank account or credit card information, and your credit history.
  2. Collection of Personal Data
    1. 2.1
      Generally, CapitaLand collects your Personal Data in the following ways:
      1. when you submit forms relating to any of our products or services, or submit any online queries;
      2. when you register for or use any of our services on websites owned or operated by us or when you register as a member on any of our websites owned and/or operated by us;
      3. when you interact with our customer service officers, including during face-to-face meetings, business interactions in events and exhibitions, telephone calls, letters, online forms (such as any “Contact Us” forms on our websites), social media platforms and emails;
      4. when you use or purchase our services or products;
      5. when you establish any online accounts with us;
      6. when you request that we contact you;
      7. when you respond to our request for additional Personal Data;
      8. when you ask to be included in an email or other mailing list;
      9. when you respond to our promotions and/or other initiatives;
      10. when you respond to our market surveys;
      11. when you submit a job application or a scholarship application;
      12. when we receive references from business partners and third parties, for example, where you have been referred by them;
      13. when you submit your Personal Data to us for any other reason; and
      14. when you browse our website. Please refer to the Cookie Policy for more information.
        We may monitor or record phone calls and customer-facing interactions for quality assurance, employee training and performance evaluation, and identity verification purposes, and while receiving feedback, responding to your queries, requests and complaints and other related purposes. Such monitoring or recording will be done in accordance with applicable law.
    2. 2.2
      If you provide Personal Data of a third party (e.g. information of your dependent, spouse, children and/or parents) to us, you represent and warrant that the collection, use and disclosure of that Personal Data to us, as well as the further processing of that Personal Data by us for the purposes set out in this Policy, is lawful.
  3. How do we use this Personal Data and to whom may we disclose it?
    1. 3.1
      Our business is to understand and meet your needs and provide you with the products and services that you require. To do this effectively, we need to collect a range of Personal Data about you.
    2. 3.2
      In general, CapitaLand will, subject to applicable law, collect, use and disclose your Personal Data for the following purposes:
      1. to provide you with the products or services that you have requested;
      2. to help us review, develop, improve, manage the delivery of and to the extent this requires the use of Personal Data - enhance our products and services, including analysing future customer needs, conducting market research and data analytics (which does not involve automated profiling or result in automated decision-making activity which is regulated under the GDPR);
      3. to communicate with you and respond to your queries, requests and complaints;
      4. to provide ongoing information about our products and services which may be of interest to you;
      5. to handle disputes and conduct and facilitate investigations and proceedings;
      6. to protect and enforce our contractual and legal rights and obligations;
      7. to prevent, detect and investigate crime, including fraud and money-laundering, and to analyse and manage other commercial risks;
      8. to manage the infrastructure and business operations of CapitaLand and to comply with internal policies and procedures;
      9. to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving any CapitaLand Group entity; and
      10. 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.
    3. 3.3
      In addition, CapitaLand may collect, use and disclose your Personal Data for the following purposes, depending on the nature of our relationship with you:
      1. If you have a membership account with us (for example as a member of CAPITASTAR):
        1. to process your application for the account;
        2. to maintain your account with us;
        3. to verify your personal particulars and process payment requests in relation to provision of the services which you may be entitled to or which you may have requested for;
        4. to provide you with the goods and services which you have signed up for;
        5. to communicate with you changes and development to CapitaLand policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you;
        6. to resolve complaints and handle requests and enquiries;
        7. to conduct market research for statistical, profiling and statistical analysis for the improvement of services provided to you; and
        8. to process your Personal Data in relation to any of the purposes stated above.
      2. If you use download or use any of our mobile applications (apps):
        1. to process your application for subscription services if they are provided in the apps;
        2. to maintain your account with us;
        3. to verify and process your personal particulars and process payment requests in relation to provision of goods and services connected to the app;
        4. to provide you with the goods and services which you have signed up for;
        5. to communicate with you changes and development to CapitaLand policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you;
        6. to resolve complaints and handling requests and enquiries;
        7. to conduct market research for statistical, profiling and statistical analysis for the improvement of services provided to you; and
        8. to process your Personal Data in relation to any of the purposes stated above.
      3. If you are a prospective tenant or a tenant of any of our properties:
        1. to conduct appropriate due diligence checks;
        2. to prepare lease and/or licence documentation and any other documents as may be required;
        3. to perform administration of the lease and/or licence;
        4. to perform financial transactions such as rental payments;
        5. to communicate with you changes and development to CapitaLand policies, terms and conditions and other administrative information; and
        6. any other purpose related to any of the above.
      4. If you are a prospective user or a user of co-working space:
        1. conduct due diligence checks;
        2. prepare agreements and any other documents as may be required for your use of our co-working space;
        3. perform administration of agreements that you have with us, including access to our co-working space;
        4. perform financial transactions such as payments;
        5. communicate with you changes and development to CapitaLand policies, terms and conditions and other administrative information; and
        6. any other purpose related to any of the above.
      5. If you are a unitholder of our trusts:
        1. to administer the relationship, including the verification of your identity and/or the identity of your proxy (as may be applicable);
        2. to inform you of CapitaLand’s performance and the products and services that CapitaLand provides to our customers through circulars, reports, newsletters and communications;
        3. to communicate with you changes and development to CapitaLand policies, terms and conditions and other administrative information; and
        4. any other purpose relating to any of the above.
      6. If you are a vendor, a prospective vendor or a contractor:
        1. to evaluate your proposal;
        2. to conduct background checks on you;
        3. to communicate with your deployed staff, after award of contract, who are in our properties to carry out work or services, and for any emergency or/and security concerns; and
        4. any other purpose relating to any of the above.
    4. 3.4
      The above purposes are not exhaustive, and depending on the nature of your relationship with us (for example, if you are a member of CapitaStar), we may collect, use and disclose your Personal Data for additional purposes which you will be notified of, in accordance with applicable terms and conditions.
    5. 3.5
      When you apply for or hold a co-brand product which is offered jointly by CapitaLand and its co-brand partner(s), CapitaLand may also collect, use and disclose your Personal Data for the purpose of sharing your Personal Data with the co-brand partner(s) for offering, marketing and promoting to you any products, services, offers or events which the co-brand partner thinks may be of interest to you. We will only share your Personal Data with the co-brand partner(s) where permitted by applicable law. For avoidance of doubt, Personal Data collected by third party operators of our properties is not covered by this Policy.  Third party operators refer to operators who are not members of the CapitaLand Group.  These third party operators operate their business on these properties independently of the CapitaLand Group and the Personal Data of individuals such as vendors are collected by the third party operators for themselves. CapitaLand Group does not have access to such Personal Data.  Individuals should check directly with the third party operators on their data rights.
    6. 3.6
      Where you have provided us with specific consent, CapitaLand may also collect, use and disclose your Personal Data for the following purposes:
      1. provide services and extend benefits to you, including promotions, loyalty and reward programmes, and send you real estate market updates, property newsletters and other information on our products, services, offers or promotions which may be of interest to you and conduct market research to develop special offers, promotional and/or marketing programmes; and
      2. administer contests, competitions and conducting lucky draws, including, where necessary, announcing the results of these contests, competitions and lucky draws and identifying and contacting the winners.
    7. 3.7
      In relation to particular products or services or in your interactions with us, we may also notify or have specifically notified you of other purposes for which we collect, use or disclose your Personal Data. If so, we will collect, use and disclose your Personal Data for these additional purposes.
    8. 3.8
      Your Personal Data will be protected and kept confidential, but subject to the provisions of any applicable law, your Personal Data may, depending on the products or services concerned, be disclosed to the third parties set out below. Such disclosure may be subject to additional legal requirements under applicable law, depending on the nature of such transfer to third parties. Your Personal Data will, in each case, only be disclosed to the extent necessary and appropriate.
      The third parties are:
      1. other divisions or entities within the CapitaLand Group;
      2. CapitaLand’s joint venture/ alliance partners;
      3. agents, contractors, third party service providers and specialist advisers to CapitaLand who have been contracted to provide CapitaLand with administrative, financial, research, operational or other services, such as telecommunications, information technology, payment, payroll, training, market research, storage and archival;
      4. any third party business partners who offer goods and services or sponsor contests or other promotional programmes, whether in conjunction with CapitaLand or not, and where permitted by applicable laws;
      5. insurers or insurance investigators and credit providers;
      6. the Credit Bureau, or in the event of default or disputes, any debt collection agencies or dispute resolution centres;
      7. any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving the CapitaLand Group;
      8. our professional advisors such as our auditors and lawyers;
      9. relevant government regulators or authority or law enforcement agency to comply with any laws or rules and regulations imposed by any governmental authority;
      10. anyone to whom we transfer or may transfer our rights and obligations, including, for example, where we obtain the services of a third party organisation to handle any aspect of the processing of your Personal Data for the purposes notified to you in accordance with this Policy;
      11. banks, credit card companies and their respective service providers; and
      12. any other party as may be consented to by you, as specified by you or as may be notified to you by us in subsequent notices.
        In the event that your Personal Data is shared with a third party that acts with a member of the CapitaLand Group as joint controllers under GDPR, we will, to the extent required by law, provide you with additional information on the responsibilities of each joint controller, any particular means by which you can enforce your rights and the primary contact person for such requests in relation to your rights.
    9. 3.9
      We require that organisations outside CapitaLand which handle or obtain Personal Data as service providers to CapitaLand acknowledge the confidentiality of this data, undertake to respect any individual's right to privacy and comply with the PDPA. We also require that these organisations use this information only for our purposes and follow our reasonable directions with respect to this information.
  4. Transfer of Personal Data
    1. 4.1
      Your Personal Data may be stored in external servers located overseas. In addition, as described above, in carrying out our business, it may be necessary to share information about you with and between our related corporations and affiliates, and third party service providers, some of which may be located in countries outside your country of residence. We will take reasonable steps to ensure that your Personal Data transferred outside of your country of residence is adequately protected. In addition, we will ensure that such transfers comply with the requirements of the applicable data protection laws.
    2. 4.2
      In respect of our activities in EU, where your Personal Data is transferred to locations outside the European Economic Area, we have entered into a special type of contract (called European Commission Model Contractual Clauses) with the recipients of your Personal Data to ensure that they will provide adequate levels of protection for your Personal Data. If you wish, you may request for more information about the transfers of your Personal Data and/or a copy of the European Commission Model Contractual Clauses by contacting the relevant Data Protection Officer at the contact details provided in paragraph 11.1 below.
  5. Retention of Personal Data
    1. 5.1
      We may retain your Personal Data for as long as it is necessary for the purposes it has been collected, and (i) in most cases, up to 7 years; or (ii) in respect of our activities in the EU, up to 10 years, unless otherwise permitted by applicable law or in order to defend legal claims. Where we no longer require your Personal Data for those purposes, we will cease to retain such Personal Data in accordance with our internal retention policy.
  6. Your Rights
    1. 6.1
      You have the following rights, under applicable data protection laws (except where the exercise of these are restricted under applicable laws for example, due to judicial proceedings or the carrying out of investigations), which can be exercised by contacting the relevant Data Protection Officer at the contact details provided in paragraph 11.1 below:
      1. to obtain from us confirmation as to whether or not your Personal Data is being processed and request a copy of your information. Where legally required, we will provide your information in an easily accessible format and assist in transferring some of this information to third parties;
      2. rectification of your Personal Data. We endeavour to ensure that all Personal Data we have about you is accurate and up-to-date. We understand that this information changes frequently with changes of address and other personal circumstances. We encourage you to contact us as soon as possible to enable us to update any Personal Data we have about you. Incomplete or outdated Personal Data may result in our inability to provide you with products and services you have requested;
      3. where the processing of your Personal Data is carried out by automated means, you have the right to receive your Personal Data you have provided us in a structured, commonly used and machine-readable format or to demand transmission to another controller;
      4. in certain circumstances, you can request to have your Personal Data deleted or restrict the processing of it;
      5. if we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is necessary for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or by contacting us at the details provided in paragraph 11.1 below;
      6. prevent any processing of Personal Data that is causing or is likely to cause unwarranted and substantial damage or distress to you or another individual;
      7. be informed about any use of your Personal Data to make automated decisions about you where such decisions produce legal effects or have similarly significant effects on you, and to obtain meaningful information about the logic involved, as well as the significance and the envisaged consequences of this processing; and
      8. to lodge a complaint about the way in which your Personal Data is being used to a supervisory authority. If you are located in the EU, you can contact the supervisory authority in the EU member state of your habitual residence or place of work or where the relevant member of the CapitaLand Group which has used your Personal Data is located.
    2. 6.2
      Where we rely on your consent to use your Personal Data, you have the right to withdraw that consent at any time. This withdrawal will however not affect the lawfulness of processing based on your consent before your withdrawal.
      If you withdraw your consent to any or all purposes and depending on the nature of your request, we may not be in a position to continue to provide our products or services to you. Please note, however, that if you have provided us consent in respect of the use of your Singapore telephone number(s) for receiving marketing or promotional information, any such consent provided will not be affected by your withdrawal of your other consent in accordance with the terms set out in this Policy.  If you do not wish for your Singapore telephone number(s) to be used for receiving marketing or promotional information, please contact the relevant Data Protection Officer and specify that you wish to withdraw your consent for such purpose.
    3. 6.3
      Where we process your Personal Data based on the legitimate interests referred to above, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is necessary for legal reasons.
    4. 6.4
      Where mandated under the applicable data protection laws, your exercise of the rights described or referred to above shall be free of charge. In all other situations, we may charge a fee to cover the cost of verifying the request and locating, retrieving and copying any material requested.
  7. Management and Security
    1. 7.1
      We have appointed Data Protection Officers to oversee our management of your Personal Data in accordance with this Policy and the applicable data protections law. We train our employees who handle your Personal Data to respect the confidentiality of your Personal Data, and we regard breaches of all applicable data protection laws very seriously.
  8. Do Not Call Provisions
    1. 8.1
      For our policy on compliance with the Do Not Call provisions of the PDPA, please refer to the Telemarketing Policy.
    2. 8.2
      The Telemarketing Policy may be updated from time to time and we encourage you to check back regularly for updates from time to time.
  9. Use of Cookies
    1. 9.1
      The use of cookies on our website is governed by our Cookie Policy. The Cookie Policy may be updated from time to time and we encourage you to check back regularly for updates to the same.
    2. 9.2
      By interacting with us on our websites, you acknowledge the terms of our Cookie Policy. Should you wish to disable the use of cookies, you may do so by changing the settings on your browser. However, you may not be able to enter or use certain part(s) of our websites.
  10. Third-Party Sites
    1. 10.1
      Our website may contain links to other websites operated by third parties, such as our business partners. We are not responsible for the privacy practices of websites operated by third parties that are linked to our website. We encourage you to learn about the privacy policies of such third party websites. Once you have left our website, you should check the applicable privacy policy of the third-party website to determine how they will handle any information they collect from you.
  11. How to contact us
    1. 11.1
      If you have any questions about this Policy or any queries relating to your Personal Data, or you would like to obtain access and make corrections to your Personal Data records, please contact the relevant Data Protection Officers:
      All countries (except EU)
      Name: Dr Freddie Tan, Group Data Protection Officer, CapitaLand Limited
      Email: groupdpo@capitaland.com
      Number: + 65 6713 2705
      EU (including Germany)
      Name: Mr. Philippe de l’Espinay / Ms. Daniela Hartjes
      Email: dpo.eu@the-ascott.com
      Number: +33 1 4105 7879 / + 33 1 4105 7881
  12. Governing Law
    1. 12.1
      This Policy and your use of this website shall be governed in all respects by the laws of Singapore
      For the avoidance of doubt, the applicable data protection laws will apply to the processing of your Personal Data.
  13. Review of the Policy
    1. 13.1
      This Policy will be reviewed from time to time by CapitaLand. CapitaLand may also from time to time update this Policy to take account of new laws and technology, changes to our operations and practices and the changing business environment. If you are unsure whether you are reading the most current version, please contact us.
(As at 3 November 2020)