Data Protection Policy

VISALY
Data Protection Policy
Last updated 14 December 2023

This Data Protection Policy (“Policy”) sets out the basis which Visaly (a service curated by Visaly Inc.) (hereinafter, “Platform”), Visaly Inc. and its affiliates (“we”, “us”, or “our”) may collect, use, disclose or otherwise process your Personal Data, through the Platform or otherwise, in accordance with the Personal Data Protection Act 2012 (“PDPA”). This Policy supplements the Platform Terms and Conditions, available at our Terms and Conditions page.

This Policy applies to Personal Data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process Personal Data for our purposes, through your use of our Platform.
This Policy is limited to information collected via our Platform. The Platform may contain links to other third party sites and service providers. We are not responsible for privacy policies of third party sites and service providers you engage with directly, and we encourage you to read the privacy statements of such third parties which may collect your Personal Data prior to entering such third party sites.
This Policy 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.

We may revise this Policy 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 Policy was last updated. Your continued use of our Platform constitutes your acknowledgement and acceptance of such changes.

Capitalised terms not otherwise defined herein shall have the same meaning given to them in the T&C.

1. Personal Data

1.1 “Personal Data” means data, whether true or not, about an individual 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. Other terms used in this Policy shall have the meanings given to them in the PDPA (where the context so permits).

1.2 Depending on your interactions with our Platform, some examples of Personal Data and other information we may collect from you include:

  • Account credentials such as username;
  • Profile information such as full name, email address, photos, photographic identification, gender, marital status, contact numbers, date of birth, residential or postal address;
  • Identification details including passport photos, and other identification numbers;
  • Travel details including origins, destination, flight details, hotel details, travel dates;
  • Communications between you and us, as well as communications with third parties involving your Transaction;
  • Device identification numbers.

2. Consent

2.1 By using our Platform, you confirm that you have read and agree with this Policy.

2.2 By interacting with our Platform, submitting information and documents to us, signing up for an account, or completing a Transaction, you agree and consent to us as well as our respective representatives and/or agents collecting, using, disclosing and sharing amongst themselves your Personal Data, and disclosing such Personal Data to our authorised service providers and relevant third parties in the manner set forth in this Policy and the T&C.

2.3 You acknowledge and agree that by completing a Transaction, we will be required to collect, use and disclose your Personal Data to third parties whether in Singapore or otherwise in order to provide the Services that you have requested in the Transaction. Subject to the provisions of the PDPA, we will use our best efforts to ensure that your Personal Data is protected at least to the standard under the PDPA. but there may be situations where Personal Data must be transferred or disclosed, such as to relevant authorities, in order to deliver the Services you have requested without us being able to ensure that the standard of protection is in place.

3. Collection of Personal Data 

3.1. We generally do not collect your Personal Data unless:

  • 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 (i) you (or your authorised representative) have been notified of the purposes for which the Personal Data is collected, and (ii) you (or your authorised representative) have provided written consent to the collection and usage of your Personal Data for those purposes, or
  • collection and use of Personal Data without consent is permitted or required by the PDPA or other laws.

3.2. 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).

3.3. Generally, we collect Personal Data in the following ways:

  • when you submit documents, information, or other forms relating to any of our Services;
  • when you interact with customer service support, for example, via chatbot (including live agents), email, social media and/or such other medium of interaction as may be changed by us from time to time, at our absolute determination without notice;
  • when you purchase or obtain third party services (such as courier services) through us;
  • when you request that we contact you, be included in an email or other mailing list;
  • when you respond to our promotions, initiatives or to any request for additional Personal Data;
  • when you are contacted by, and respond to, our marketing representatives and customer service officers;
  • when you authorize us to seek information from third parties including but not limited to governmental agencies and regulatory authorities about you in connection with the Services; and/or
  • when you submit your Personal Data to us for any other reasons, including when you sign up for as an affiliate or when you express your interest in any of our Services.
  • 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 the Services you have requested.

4. Disclosure of Personal Data

4.1 We may share your Personal Data for the purposes listed in Clause 5 below, including where such disclosure is required for performing obligations in the course of or in connection with our provision of the Services requested by you.

4.2 Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our websites, online services or apps; any transmission is at your own risk.

4.3 Additionally, we cannot assume responsibility for any unauthorised use of your Personal Data by third parties which are wholly attributable to factors beyond our control. If such disclosure involves transfer of your Personal Data outside Singapore, we endeavour to ensure a standard of protection that is comparable to that under the PDPA shall be provided unless such disclosure is necessary to provide you with the Services you have requested.

4.4 If you provide us with any Personal Data relating to a third party (e.g. information of your spouse, children, parents, employees, and/or group), by submitting such information to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes set out in this Policy.

4.5 We may also deploy cookies or other technology to enable our Platform to recognize your browsing patterns to improve your customer experience with us. We use cookies to remember your information, to link your activities to you.

5. Purposes for the collection, use and disclosure of your Personal Data

5.1 Generally, we collect, use and disclose your Personal Data for the following purposes:-

  • performing obligations in the course of or in connection with our provision of the Services requested by you;
  • opening or continuation of accounts and establishing or providing you with the Services you request for;
  • facilitating the continuation or termination of Services you requested for;
  • verifying your identity;
  • to respond to your queries and requests;
  • to manage our administrative and business operations and complying with internal policies and procedures;
  • to facilitate business asset transactions (which may extend to any mergers; acquisitions or asset sales) involving any of the companies within our group;
  • to resolve complaints and handle requests and enquiries;
  • to prevent, detect and investigate crime and analyse and manage any commercial risks;
  • to monitor or record customer-facing interactions for quality assurance, employee training, performance evaluation and identity verification purposes;
  • for legal purposes (including but not limited to obtaining legal advice and dispute resolution);
  • to conduct investigations relating to disputes, billing, suspected illegal activities or fraud;
  • to meet or comply with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on us (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);
  • any other purpose which we may notify you at the time of obtaining your consent;
  • facilitating our daily operations to provide the Services;
  • facilitating third party services if purchased, obtained, administered or processed through us;
  • enforcement of repayment obligations (including but not limited to debt collection, filing of claims and retrieval of payments from losses made by our service partners);
  • generating internal reports (including but not limited to annual, operational and management reports);
  • processing referral payments and commission fees to our affiliates;
  • administering fee adjustments, refunds and waivers; and/or
    21. analysing your use of our Platform and Services so as to help us improve, review, develop and efficiently manage the Platform and Services offered to you.

6. Additional Purposes

6.1 Furthermore, where permitted under the PDPA we may also collect, use and disclose your Personal Data for the following additional purposes:-

  • analytics and tracking;
  • developing and providing additional Services and benefits to you, including promotions and offers from us;
  • communicating to you advertisements involving details of the Services, special offers and rewards, either to our customers generally, or which we have identified to be of interest to you;
  • purposes which are reasonably related to any of the above purposes in this Clause 6 or for any other purpose which we may notify you at the time of obtaining your consent.
  • We may also collect, use or disclose your Personal Data without your consent for our legitimate interests or another person. In relying on the legitimate interests exception of the PDPA, we will assess the likely adverse effects on the individual and determine that the legitimate interests outweigh any adverse effect. Such legitimate interests may include:
    • fraud detection and prevention; and
    • detection and prevention of misuse of our Services.

6.3 The purposes listed in the above may continue to apply even in situations where your relationship with us 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 a contract with you).

7. Withdrawal of consent, access and correction of your Personal Data

7.1 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. If you would like to withdraw your consent to any use of your Personal Data as set out in this Policy, you may do so via relevant links in the email you receive or email us at support@visaly.com.

7.2 Upon receipt of your request, we will need some time to process your request, and it may take up to 30 days for your withdrawal to be reflected in our systems. In the meantime, you may still receive marketing or promotional materials/communication from us.

7.3 Please note that if you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, we may not be in a position to continue to provide the Services to you and you acknowledge and agree that we shall cease providing the Services to you and we cannot be held responsible to you or anyone else for the termination. All our rights and remedies in such event are expressly reserved.

7.4 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.

7.5 If you would like to obtain access and make corrections to your Personal Data, you may do so on our Platform. Otherwise, please contact us in writing as follows:

Data Protection Officer Visaly
Visaly Inc.
169 Madison Ave STE 11589
New York, NY 10016

7.6 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.
7.7 Please note that if your Personal Data has been provided to us by a third party (e.g. a referrer), you should contact that organisation or individual to make such queries, complaints, and access and correction requests to us on your behalf.

8. Protection of Personal Data

8.1 To safeguard your Personal Data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we adopt appropriate administrative, physical and technical measures such as authentication and access controls, encryption of data, up-to-date antivirus protection, regular patching of operating system and other software, web security measures against risks, security review and testing performed regularly, and other industry best practices.

9. Retention of Personal Data

9.1 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.

9.2 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.

10. Transfers of Personal Data Out of Singapore

10.1 Due to the nature of our Services, it is likely that we may need to transfer your Personal Data out of Singapore in order to perform our Services. We may not have any control or exercise any influence over such third parties especially if they are government authorities but such transfers may be nonetheless be necessary in order to deliver the Services requested by you.

10.2 By requesting for our Services and completing a Transaction, you expressly consent for the transfer to be made, and to the fullest extent possible 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.