1. As used in this Notice:

   “customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and
   “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth, marital status, photographs and other audio-visual information, employment information and financial information such as credit card numbers, debit card numbers or bank account information.
3. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).

4. We generally do not collect your personal data unless
   1. it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after
      1. you (or your authorised representative) have been notified of the purposes for which the data is collected, and
      2. you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or
   2. collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
5. We may collect and use your personal data for any or all of the following purposes:
   1. performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
   2. verifying your identity;
   3. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
   4. managing your relationship with us;
   5. processing payment or credit transactions;
   6. sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;
   7. complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
   8. any other purposes for which you have provided the information;
   9. transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
   10. any other incidental business purposes related to or in connection with the above.
6. We may disclose your personal data:
   1. where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or
   2. to third party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 5 above for us.
7. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

8. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
9. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
10. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.
11. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

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

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

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

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

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

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

    Address:	Data Protection Officer Wizlearn Technologies Pte Ltd 1 Commonwealth Lane, #08-08, One Commonwealth, Singapore 149544
    Email:	dpo@wizlearn.com
    Tel:	+65 6776 2013

22. This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
23. We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
    Effective date : 22 January 2020
    Last updated : 15 March 2021

This Data Processing Addendum, together with its Exhibits (“DPA”), forms an integral part of the Data Protection and Privacy Policy and the Wizlearn Technologies Terms and Conditions of Service, as may be updated from time to time between the User and Wizlearn Technologies Pte. Ltd. (“Wizlearn”), as well as any other agreement between the User and Wizlearn that governs the User’s use of Wizlearn’s services (collectively, the “Agreement”).

In providing the Wizlearn services under the Agreement, Wizlearn may process Personal Data on the User’s behalf. This DPA sets out the terms on which such Personal Data is processed.

The parties agree to comply with the provisions below in relation to any Personal Data, acting reasonably and in good faith.

1. DEFINITIONS

   Capitalised terms not otherwise defined in this DPA shall have the meanings given to them in the Agreement. For the purposes of this DPA:

   • “Personal Data” and “Processing” have the meanings given in the PDPA, but are limited to the scope of processing activities described in Exhibit A to this DPA.
   • “Data Breach”, in relation to Personal Data, means:
     1. any unauthorised access, collection, use, disclosure, copying, modification, or disposal of Personal Data; or
     2. the loss of any storage medium or device on which Personal Data is stored, in circumstances where unauthorised access, collection, use, disclosure, copying, modification, or disposal of the Personal Data is likely to occur.
   • “Data Controller” means an organisation that determines the purposes for which and the manner in which Personal Data is processed.
   • “Data Subject” means any living individual whose Personal Data is collected, stored or otherwise processed by an organisation.
   • “PDPA” means the Personal Data Protection Act 2012 of Singapore, as amended from time to time.
   • “Platform” means the proprietary online systems and components developed, owned and maintained by Wizlearn, including any replacement systems or components and any related software, websites, URLs, reports, compilations and databases ancillary to the Wizlearn platform.
   • “Processor” means an organisation that processes Personal Data on behalf of a Data Controller.
   • “Service” means any software products, services, consulting services, or other services that Wizlearn makes available for purchase or use, including third-party services provided through or in connection with Wizlearn’s offerings.
   • “Subprocessor” means another Processor engaged by Wizlearn to process Personal Data, in whole or in part, on Wizlearn’s behalf.
   • “LMS” means the learning management system application through which certain Wizlearn services are provided to the User.
   • “User Email Address” means any email address associated with the User’s account with Wizlearn that is, at any given time, registered with Wizlearn as the email address of a user of the User’s account.
2. APPLICATION OF PDPA AND ROLES OF THE PARTIES
   2.1 Compliance with PDPA.

   Each party warrants that it, together with its staff and any subcontractors, will comply with its respective obligations under the PDPA throughout the term of this DPA (the “Term”).

   2.2 Roles.
   The parties acknowledge that their relationship is generally:
   • between User (as Data Controller) and Wizlearn (as Processor); or
   • where the User itself processes Personal Data on behalf of another Data Controller, between User (as Processor) and Wizlearn (as Subprocessor).
3. PROCESSING OF PERSONAL DATA
   3.1 User’s obligations.

   Where the User acts as a Data Controller, it instructs Wizlearn, as Processor, to process Personal Data in accordance with this DPA and the PDPA. The User is responsible for providing all required notices and obtaining all necessary consents, licences and other legal bases to permit Wizlearn to process Personal Data.

   Where the User acts as a Processor, it instructs Wizlearn, as Subprocessor, to process Personal Data in accordance with this DPA and is responsible for communicating the Data Controller’s documented instructions to Wizlearn prior to any Processing.

   3.2 User’s liability.
   The User is solely responsible for the accuracy, quality, and legality of the Personal Data it provides to Wizlearn and for the manner in which such Personal Data was obtained. Where the PDPA applies, the User is responsible for fulfilling its obligations as Data Controller, including:
   • informing Data Subjects about the processing of their Personal Data under this DPA;
   • obtaining any required consent; and
   • ensuring that both the User and Wizlearn are authorised to process the Personal Data for the purposes described in this DPA.

   Where the User acts as a Processor, it remains fully responsible to the Data Controller for the Personal Data processed by Wizlearn if Wizlearn does not fulfil its data protection obligations under this DPA.

   3.3 Wizlearn’s Processing of Personal Data.

   Details of Wizlearn’s processing of Personal Data relating to Users are described in Wizlearn’s Data Protection and Privacy Policy.

   3.4 Wizlearn’s obligations.
   To the extent required under the PDPA, Wizlearn agrees, warrants and represents that it will:
   1. ensure that all persons authorised to process Personal Data are subject to confidentiality obligations; and only permit access to Personal Data by personnel who need such access in order for Wizlearn to fulfil its obligations under the Agreement;
   2. implement reasonable measures to preserve the confidentiality of Personal Data and to ensure secure Processing, as further described in Section 4 and Exhibit B of this DPA;
   3. not sell, retain, or use Personal Data for any purpose other than those permitted by this DPA and the Agreement, and as set out in the Data Protection and Privacy Policy;
   4. process Personal Data solely in accordance with this DPA and the User’s documented instructions, unless otherwise required by applicable law;
   5. assist the User, taking into account the nature of the Processing and the information available to Wizlearn, in complying with its obligations regarding the security of Personal Data (as set out in Section 4), notification and communication in the event of a Data Breach (as set out in Section 6) and consultation with the Personal Data Protection Commission (PDPC), where required;
   6. make available to the User, on a reasonable basis, the information necessary to demonstrate compliance with the PDPA obligations applicable to Wizlearn under this DPA; and
   7. promptly inform the User if, in Wizlearn’s opinion, any instruction from the User is inconsistent with or infringes the PDPA.
4. SECURITY OF PERSONAL DATA

   Wizlearn has implemented measures which are reasonable in the circumstances to protect processed Personal Data from unauthorised access and to maintain the ongoing confidentiality, integrity, availability and resilience of its processing systems and services.

   4.1 Technical and organisational measures.
   Taking into account the costs of implementation, the nature, scope, context and purposes of Processing, as well as the risks to the rights and freedoms of Data Subjects, Wizlearn will implement the technical and organisational measures set out in Exhibit B.
   4.2 Review and updates.
   Wizlearn will review and, where appropriate, update these technical and organisational measures on at least an annual basis.
5. RIGHTS OF DATA SUBJECTS AND REGULATORY ACTION
   5.1 Information to Data Subjects.

   The User is responsible for providing Data Subjects with the information required under the PDPA regarding the processing of their Personal Data.

   5.2 Assistance with Data Subject rights.

   To the extent required by the PDPA and taking into account the nature of the Processing and the information available to Wizlearn, Wizlearn will, where reasonably possible, assist the User in responding to Data Subject requests to exercise their rights (including rights of access, correction, erasure, and withdrawal of consent).

   5.3 Regulatory engagement.

   Wizlearn will, without undue delay, provide reasonable assistance to the User in dealings with supervisory authorities in relation to the Processing of Personal Data under this DPA.

6. SUBPROCESSORS
   6.1 Authorisation.

   The User authorises Wizlearn to appoint Subprocessors to support the provision of the Wizlearn services.

   6.2 Subprocessor requirements.
   Wizlearn will:
   1. require each Subprocessor to be bound by data protection obligations equivalent to those imposed on Wizlearn under this DPA;
   2. ensure that appropriate safeguards are implemented in accordance with the PDPA before any international transfer of Personal Data to a Subprocessor; and
   3. remain responsible for the acts, errors and omissions of its Subprocessors as though they were Wizlearn’s own acts, errors or omissions.
7. DATA BREACHES
   7.1 Notification.
   Wizlearn will notify the User without undue delay upon becoming aware of a Data Breach that:
   1. is likely to result in significant harm or impact to the individuals concerned; or
   2. involves Personal Data relating to 500 or more individuals.

   Where a Data Breach is determined to be notifiable, and where required under the PDPA, Wizlearn will notify affected individuals as soon as reasonably practicable, at the same time as or after notifying the Commission (PDPC).

   7.2 Information and assistance.

   Wizlearn will provide the User with such information and assistance as the User may reasonably require to comply with its own obligations under the PDPA in relation to the Data Breach.

8. RETURN AND DELETION OF USER DATA
   8.1 Return and deletion.

   The procedures and conditions under which Wizlearn will return and/or delete Personal Data at the end of the Term are set out in Wizlearn’s Data Protection and Privacy Policy and the Agreement.

9. TERM AND AMENDMENTS
   9.1 Commencement.

   This DPA takes effect on the date the User first starts using the Wizlearn services.

   9.2 Duration.

   This DPA remains in force for as long as the User uses the Wizlearn services (the “Term”). Any provisions of this DPA that are expressly or by their nature intended to survive the Term shall remain in full force and effect.

   9.3 Amendments.

   The User acknowledges and agrees that this DPA may be amended in the same manner as amendments to the Agreement, including Wizlearn’s right to update the Agreement, its policies and this DPA from time to time, at Wizlearn’s discretion, subject to notice to the User at the Admin User Email Address.

10. LIABILITY
    10.1 Limitation of liability.

    Each party’s aggregate liability under this DPA is limited to the total fees paid by the User to Wizlearn for the services under the Agreement during the twelve (12) months immediately preceding the event giving rise to the liability.

11. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
    11.1 Governing law and jurisdiction.

    This DPA is governed by the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction to resolve any dispute arising out of or in connection with this DPA.

    11.2 Amicable resolution.

    If a dispute arises in relation to the interpretation, performance or termination of this DPA, the parties will first attempt to resolve it amicably. Following written notice by one party of the existence of a dispute, the parties will seek to reach an amicable settlement within thirty (30) days and may record any such settlement in a written agreement.

12. MISCELLANEOUS
    12.1 Order of precedence.
    In the event of any inconsistency between this DPA and the Agreement or other relevant documents, the following order of precedence shall apply:
    1. this DPA;
    2. the Agreement.
    12.2 Third-party rights.

    Except for affiliates of the parties, no person other than a party to this DPA shall have any right to enforce any of its terms.

    12.3 Entire agreement.

    This DPA constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions, understandings and agreements. Each party acknowledges that it has not relied on any statement or representation not expressly set out in this DPA.

Wizlearn is authorised to process, on behalf of the User, the Personal Data necessary for the provision of the Wizlearn services.

The purposes of the Processing and categories of Personal Data processed are further described in Wizlearn’s Privacy Policy and Terms and Conditions.

1. Physical access controls

   Wizlearn implements reasonable measures to prevent unauthorised physical access to facilities where Personal Data is processed or stored, such as using secured buildings and offices.

2. System access controls

   Wizlearn implements reasonable measures to prevent unauthorised use of systems processing Personal Data. Depending on the nature of the Processing, these measures may include password-based authentication, two-factor authentication, documented authorisation procedures, documented change management processes and logging of access at various levels.

3. Data access controls

   Wizlearn implements reasonable measures to ensure Personal Data is accessible and manageable only by authorised personnel, and that Personal Data cannot be read, copied, modified or removed without authorisation during Processing.

4. Transmission controls

   Wizlearn implements reasonable measures to ensure it is possible to verify to which entities Personal Data may be transferred via data transmission facilities, and to ensure that Personal Data cannot be read, copied, modified or removed without authorisation during electronic transmission or transport.

5. Input controls
   Wizlearn implements reasonable measures to ensure it is possible to verify whether, and by whom, Personal Data has been entered, modified or removed in processing systems. Wizlearn will also ensure that:
   1. the source of the Personal Data is under the User’s control; and
   2. Personal Data integrated into the Service is supplied through secure file transfer mechanisms from the User.
6. Data backup

   Backups of databases used in the Service are made on a regular basis, and such backups are secured and encrypted to protect Personal Data against accidental destruction or loss when hosted by Wizlearn.