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These terms and conditions (“Terms and Conditions”) apply to the Shiseido Ultimune #StrongSouls Campaign Site Photo Activity (the “Activity”) developed by Shiseido Travel Retail Asia Pacific Pte. Ltd. (referred to herein as “Shiseido” or “we” or “us” or “our”). By using this web application (“Platform”), you acknowledge that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1.1 You may participate in the Activity by uploading a photo of yourself via the Platform which may be selected for publication on a digital gallery (“Gallery”) for use by Shiseido and/or its affiliates. Upon launching the Platform, you will be prompted to upload a photograph of yourself.
1.2 Please do not upload any image which falls within any of the following:
(a) any image which does not relate to the campaign theme;
(b) any image taken by someone other than you;
(c) any image which is already or is scheduled to be published in other media;
(d) any image which includes material to which another person has copyrights such as character, illustration, creative object, text, etc. that was created by someone besides you;
(e) any image which captures the trademark, service mark, logo, etc. of an entity besides Shiseido;
(f) any image which will serve as an advertisement of an entity besides Shiseido;
(g) any image which includes a political or religious message;
(h) any image which includes an obscene image or language;
(i) any image which violates another person’s privacy;
(j) any image which includes libellous, defamatory or discriminatory language, etc.;
(k) any image which violates or has a risk of violating applicable laws, regulations or public order and morals; and/or
1.3 Once your photograph has been uploaded, you will be able to use the online image generator tool to edit the photograph. The online image generator tool includes functions for cropping and resizing the image, adding filters to the image and adding photo frames and icons to the image. Once your photograph is completed, you will be able to download or share the completed photograph on your social media accounts.
1.4 All users of this Platform must be above the age of 18. We do not, and do not intend to, transact through this Platform directly with anyone whom we know to be under the age of 18. If you are under the age of 18, you should use this Platform only with the supervision of a parent or guardian and should not provide any of your personal information to us or upload any photographs via this Platform. By using this Platform and/or uploading any photographs via this Platform, you declare and confirm that you are over the age of 18.
1.5 We reserve the right, at our sole discretion, to refuse participation in the Activity by any person without obligation to disclose any reason(s) for doing so.
1.6 We reserve the right to withdraw, suspend or terminate this Activity at any stage and at any time, if deemed necessary in our sole and absolute discretion, without notice or liability on our part.
2. Consent to the use of photographs and personal data
2.1 Photographs uploaded via this Platform may be selected for publication on the Gallery which can be accessed on global campaign sites maintained by Shiseido and/or its affiliates, and used for or in connection with our and/or our affiliates’ publicity and/or marketing campaigns across all media and platforms, whether now known or in the future invented, including without limitation in our printed publications, presentations, promotional materials and on our websites and social media accounts, and whether in its original or edited format. By proceeding with the Activity, you are deemed to have agreed and consented to the publication of such photographs on the Gallery and use of the same for and in connection with our our and/or our affiliates’ publicity and/or marketing campaigns across all media and platforms in accordance with these Terms and Conditions. You will also be deemed to have agreed to assign to Shiseido (including its affiliates) all of your right, title, interest including all copyrights and all other intellectual property rights in and to the photographs throughout the world, for the full duration of such rights and without further compensation to you.
2.4 Where there are images or personal information of other individuals appearing in or associated with the photograph that you upload via this Platform, you confirm that these individuals have consented and agreed to you uploading their images and personal information, and that Shiseido may use such images and personal information for the purposes as set forth in these Terms and Conditions.
3. Restriction on the Use of Images
3.1 You may download, save, use and share your photographs uploaded via the Platform, including on your personal websites and social media accounts. However, the photographs of other individuals which are published on the Gallery are for your personal viewing only.
3.2 You agree that you shall not reproduce, distribute, adapt, modify, republish, display, broadcast, hyperlink, frame or transmit in any manner or by any means any photographs of other individuals which are featured on the Gallery, in any medium or format and for any purpose without our prior written consent.
4. Disclaimer and Indemnity
4.1 Shiseido assumes no responsibility or liability for the following:
(a) any error, omission, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, destruction of or unauthorised access to or use of the photographs published on the Gallery or information transmitted by you via this Platform or any unauthorised alteration thereof; or
(b) any delay, injury or damage to the participant’s and/or any third party's property, computer, computer system, tablet, phone or apparatus relating to or resulting from access to this Platform, the Gallery and/or the participation in this Activity, including downloading or uploading of any material or information from or to the Platform or the Gallery, including without limitation to any server failure, lost, delayed or corrupted data or other malfunction.
4.2 You agree to indemnify and hold Shiseido and its subsidiaries, affiliates, officers, agents, partners and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties and costs (including, without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, arising out of or in connection with your breach of these Terms and Conditions, participation in the Activity and/or use of this Platform.
5. Intellectual Property
All content available on this Platform, including but not limited to texts, graphics, button icons, illustrations and software, and the compilation and arrangement thereof are the property of Shiseido and/or our affiliates, partners or licensors. Without limiting the generality of the foregoing, the trademarks, logos and service marks displayed on this Platform are the registered and unregistered marks of Shiseido and/or our affiliates, partners or licensors.
6. Changes in Terms and Conditions
We reserve the right to modify or amend these Terms and Conditions from time to time in our sole and absolute discretion.
7. Applicable Law and Jurisdiction
7.1 These Terms and Conditions, as well as all matters relating to the Terms and Conditions, shall be governed by the laws of Singapore.
7.2 In the event of any dispute regarding the Terms and Conditions, our decision will be final and you agree to be bound thereby.
(a) your name, personal identification number (e.g. NRIC or passport number), contact number, mailing address, email address, photograph and any other information relating to you which you have provided us whether in electronic or other forms;
(b) information about your use of this Platform and our services, including cookies, IP address, subscription account details and membership details, but only to the extent that we may identify you from such information;
(c) your age, nationality, employment history, and income level; and
(d) information about your usage of and interaction with this Platform and/or our services.
2. Collection and Use of Personal Data
Collection of Personal Data
2.1. Shiseido collects your Personal Data when you submit your Personal Data or upload your photograph via this Platform for the Shiseido Ultimune #StrongSouls Campaign Site Photo Activity. Generally, Shiseido may also collect your Personal Data in the following ways:
(a) when you contact us with a question or request for assistance;
(b) when you request that we contact you;
(c) when you are contacted by, and respond to, our marketing representatives and agents;
(d) when you respond to our request for additional Personal Data;
(e) when you ask to be included in an email or other mailing list(s); and
(f) when you submit your Personal Data to us for any other reason.
Accuracy and completeness of Personal Data
2.2. You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with products and/or services you have requested.
Personal Data of Third Parties
2.3. If you provide us with any Personal Data relating to any individual other than yourself (e.g. information of spouse, children, parents, employees and/or authorised representatives), you represent and warrant to us that:
(a) prior to disclosing such Personal Data to us, you had obtained the consent of these individuals, and that they have permitted you to disclose their Personal Data to us and permitted us to collect, use, disclose and/or process their Personal Data for the Purposes, as set out in paragraph 2.5 below;
(b) any Personal Data of individuals that you disclose to us is complete, accurate, true and correct; and
(c) you are validly acting on behalf of such individuals and have the authority of such individuals to provide their Personal Data to us and for us to collect, use, disclose and process such Personal Data for the Purposes.
2.4. We do not, and do not intend to, transact through this Platform directly with anyone whom we know to be under the age of 18. If you are under the age of 18, you should use this Platform only with the supervision of a parent or guardian and should not submit any Personal Data to us. By providing any Personal Data to us, you declare and confirm that you are over the age of 18.
Use of Personal Data
2.5. Generally, the Personal Data collected by Shiseido from you via this Platform will be used for the following purposes:
(a) the administration, conduct and management of the Shiseido Ultimune #StrongSouls Campaign Site Photo Activity and any programme, event or activity organised in connection therewith;
(b) communicating marketing promotions, advertising and updates in relation to our goods and services;
(c) responding to your queries and feedback;
(d) obtaining feedback on our products and services;
(e) carrying out market research and surveys, and generally to assist us in our marketing efforts;
(f) managing, developing and improving our business and operations;
(g) verifying your identity;
(h) protecting and enforcing our contractual and legal rights and obligations;
(i) preventing, detecting and investigating crime, including fraud and money-laundering, and analysing and managing other commercial risks;
(j) safeguarding the interests of Shiseido in the event of any claim, litigation, suits;
(k) meeting any legal or regulatory requirements relating to our provision of services and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to us or to our affiliates; and
(l) any other purpose relating to any of the foregoing purposes,
(collectively, the “Purposes”).
Collection and use of Anonymised Information
2.6. For the avoidance of doubt, you acknowledge and consent to Shiseido sharing anonymised information (i.e. information which does not identify any particular individual), including but not limited to in the following ways:
(a) we may share anonymised aggregate information about our customers with advertisers and marketing partners; and
(b) a third party may use technology to collect anonymised information about your use of this Platform so that they can provide advertising about products and services tailored to your interest. That advertising may appear either when you are using the Platform, or using the Internet or your mobile device to visit other websites.
Please note that the PDPA does not apply to anonymised data that does not identify an individual and the PDPA does not provide you with a right to object to an organisation handling or processing anonymised data.
3. Disclosure of Personal Data
3.1. Subject to the provisions of any applicable law, we may share your Personal Data with the following third parties, whether they are located in Singapore or overseas:
(a) Shiseido’s subsidiaries, business partners and affiliates that distribute and market Shiseido products or provide related services in connection with our services;
(b) our auditors, consultants, lawyers, accountants or other professional advisers appointed in connection with our services;
(c) our third party service providers, management companies, contractors, agents or other parties as may be deemed necessary by us to facilitate your dealings with us;
(d) any persons, government agencies, statutory authorities and/or industry regulators, for the purpose of complying with any applicable laws or regulations;
(e) anyone to whom we transfer or may transfer our rights and duties, including any actual or proposed assignee or transferee of the business of Shiseido, or a merged entity in the event Shiseido is merged to create such merged entity; and
(f) any other party to whom you authorise us to disclose your Personal Data.
4. Right to Withdraw Consent
4.1. You may at any time withdraw your consent to our continued use and disclosure of, or limit the processing of, your Personal Data currently in our possession or control. Should you wish to withdraw consent to the use and disclosure of your Personal Data or limit the processing of your Personal Data, you may do so by submitting your request via email to email@example.com. You may also withdraw your consent for specific forms of communication and on specific communications via the unsubscribe options as stated on our email or other marketing messages. We will process your request within a reasonable time from such request being made, and will subsequently not collect, use and/or disclose your Personal Data in the manner stated in your request, save to the extent that we are permitted to do so by the PDPA.
4.2. If your Personal Data has been provided to us by a third party, you should contact such party directly to make any queries, feedback, and access and correction requests to Shiseido on your behalf.
4.3. If you choose to withdraw your consent to any or all use of your Personal Data, you acknowledge that we may not be able to provide or continue providing certain goods and/or services to you, or administer any contractual relationship in place, and accordingly, we may cease the provision of such goods and/or services without liability. This may also result in the termination of any agreements with Shiseido, and/or result in you being in breach of your contractual obligations or undertakings in respect of such agreements. In such event, Shiseido’s rights and remedies are expressly reserved.
5. Right of Access and Correction
5.1. You may at any time request for access to, or correction of, your Personal Data currently in our possession or control, by submitting your request via email to firstname.lastname@example.org.
5.2. For a request to access Personal Data, once we have sufficient information from you to deal with the request, we will endeavour to provide you with the relevant Personal Data as soon as reasonably practicable. Please note that the PDPA exempts certain types of Personal Data from being subject to your request for access.
5.3. For a request to correct Personal Data, once we have sufficient information from you to deal with the request, we will endeavour to correct your Personal Data as soon as reasonably practicable. Please note that the PDPA exempts certain types of Personal Data from being subject to your request for correction. In addition, the PDPA also provides for circumstances where correction need not be made by us despite your request.
5.4. To help us maintain the accuracy of your Personal Data, please inform us whenever there are any changes to your Personal Data which you have provided us by submitting such new information via email to email@example.com. While we will take reasonable efforts to ensure that your Personal Data is accurate and complete, we will not be responsible for relying on inaccurate or incomplete Personal Data provided by you or due to your failure to update us of any changes in your Personal Data that you had initially provided us with.
6. Protection, Policies and Procedures
We will endeavour to take all reasonable measures to protect and secure your Personal Data against unauthorised collection, use, disclosure, modification, disposal or destruction. We strive to ensure that our systems are secure and that they meet industry standards. However, we cannot assume responsibility for any unauthorised use of your Personal Data by third parties which are wholly attributable to factors beyond our control. Notwithstanding our security measures for the protection of your Personal Data, please note that no data transmission over the Internet is completely secure, and by providing your Personal Data, you acknowledge that you are transmitting that information at your own risk.
7. Retention of Personal Data
Shiseido will retain your Personal Data for as long as you use our products or services and it is necessarily required or relevant for business or legal purposes. Any Personal Data retained by us shall be destroyed and/or anonymised as soon as it is reasonable to assume that (a) the purpose for which that Personal Data was collected is no longer being served by the retention of such Personal Data; and (b) retention is no longer necessary for any other business or legal purposes.
8.2. By accessing and using this Platform and services, you consent to the storage of cookies, other local storage technologies, beacons and other information on your devices. You also consent to the access of such cookies, local storage technologies, beacons and information by us or our representatives or agents.
9. Third-Party Sites
10. Contact us
10.1. Should you have any feedback or enquiry relating to your Personal Data or our privacy practices, please contact our Data Protection Officer via email at firstname.lastname@example.org.
10.2. For more information about PDPA in general, please visit the Personal Data Protection Commission’s website at http://www.pdpc.gov.sg/.