Introduction
Welcome to Brainprov.com’s Privacy Notice.
We respect your privacy and we are committed to protecting your personal data.
This Privacy Notice will inform you as to how Nigel Holdings Pte Ltd ("Brainprov.com", we, us, our) look after your personal data when using any of our products, services or applications (together the “Services”) or when visiting or using our website Brainprov.com (“Site”) or mobile application (“App”).
This Privacy Notice tells you about your privacy rights and how the law protects you. Please also use the Glossary to understand the meaning of some of the terms used in the text below.
1. Important information and who we are
Purpose of this Privacy Notice
This Privacy Notice aims to give you information on how we collect and process your personal data when you visit our Site, or through your use of the Services and any data you may provide when you register for or use the Services, sign up for alerts or newsletters, contact us with a question or request for help, participate in any renewals, promotions or surveys.
The Site and the Services are not intended for minors below the age of 15 years and we do not knowingly collect data relating to minors.
It is important that you read this Privacy Notice together with any other privacy policies or fair processing notices, we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements other policies and privacy notices and is not intended to override them.
Data Controllers
Nigel Holdings Pte Ltd, a company incorporated under the laws of Singapore, with a registered address: 360 Orchard Road 10-10 International Building Singapore 238869, is the controller and is responsible for handling your personal data related to the use of the site.
Data Protection Officer, Complaints and Contact details
We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this Privacy Notice.
If you have any questions or complaints about this notice, our privacy practices, or if you have a request to exercise your rights, please contact our DPO Team in the following ways: dpo@nigel.com.sg
Complaints
You have the right to make a complaint about the way we process your personal data to a supervisory authority.
Information about your supervisory authority could be found here: https://www.pdpc.gov.sg/Complaints-and-Reviews
We would, however, appreciate the chance to deal with your concerns before you approach a data protection regulatory authority, so please feel free to contact us in the first instance via this email: dpo@nigel.com.sg
Changes to the Privacy Notice and your duty to inform us of changes
We keep our Privacy Notice under regular review. This version was last updated on the date above written. If we change our Privacy Notice and you have already registered with us, we will let you know by email.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
The Site may include links to third-party websites, plug-ins and applications ("Third Party Sites"). Clicking on those links or enabling those connections may allow third parties to collect or share data about you.
We do not control these Third-Party Sites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every Third Party Site you visit or use.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use and store different kinds of personal data about you which we have grouped in categories as follows:
Identity Data - first name, maiden name, last name, username or similar identifier, date of birth, and gender.
Contact Data - billing address, delivery address, home address, work address, email address, and telephone numbers.
Financial Data - bank account, payment card details.
Transactional Data - details about payments to and from you, other details of any transactions you enter into using products and services you have purchased from us.
Profile Data - your username and password, requests by you for products or services, your interests, preferences, feedback, and survey responses.
Usage Data - information about how you use: our Site, products, and services.
Marketing and Communications Data - your preferences in receiving marketing from: us, our third parties, your communication preferences.
If you refuse to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you refuse to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you services).
In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact, and Financial Data by filling in forms via the Service, by email, or otherwise.
This includes personal data you provide when you:
• apply for our products or services;
• subscribe to our services or publications;
• make use of any of our Services;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.
4. How we use your personal data
We will only use your personal data when the law allows us to.
Most commonly, we will use your personal data in the following circumstances:
• For the provision of the Services.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.
Please refer to the Section Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.
Purposes for which we will use your personal data
We have set out below, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so.
We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.
i. To register you as a new customer
Type of data:
• Identity
• Contact
• Financial
Legal basis:
• Performance of a contract with you
• Necessary to comply with a legal obligation (e.g. to comply with Anti-Money Laundering requirements)
ii. To process and deliver our Services to you including: • Execute, manage and process any instructions or orders, you make
• Manage, process, collect and transfer payments, fees and charges
• Collect and recover money owed to us
Type of data:
• Identity
• Contact
• Financial
• Transactional
• Marketing and Communications
Legal basis:
• Performance of a contract with you
• Necessary for our legitimate interests (e.g. to prevent abuse of our Services and promotions)
iii. To manage our relationship with you which will include: • Notifying you about changes to our terms or Privacy Notice
• Asking you to leave a review or take a survey
• Keep you informed of our company's business and product development
Type of data:
• Identity
• Contact
• Profile
• Transactional
• Marketing and Communications
Legal basis:
• Performance of a contract with you
• Necessary to comply with a legal obligation
• Necessary for our legitimate interests (to keep our records updated, study how our customers use our products/services and how prospective customers respond to our marketing campaign)
iv. To manage risk and crime prevention including: • Detect, investigate, report, and prevent financial crime in a broad sense
• Obey laws and regulations which apply to us
• Responding to complaints and resolving them
Type of data:
• Identity
• Contact
• Financial
• Transactional
• Special Categories Data that you give us directly or that we receive from third parties and/or publicly available sources.
Legal basis:
• Performance of a contract with you
• Necessary to comply with a legal obligation
• Necessary for our legitimate interests
(to develop and improve how we deal with financial crime).
v. To administer and protect our business, our Site including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data
Type of data:
• Identity
• Contact
• Financial
• Transactional
Legal basis:
• Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
• Necessary to comply with a legal obligation
vi. To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Type of data:
• Identity
• Contact
• Profile
• Usage
• Marketing and Communications
Legal basis:
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy)
vii. To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences
Type of data:
• Usage
Legal basis:
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to form our marketing strategy)
viii. To make suggestions and recommendations to you about goods or services that may be of interest to you
Type of data:
• Identity
• Contact
• Usage
• Profile
• Marketing and Communications
Legal basis:
Necessary for our legitimate interests (to develop our products/services and grow our business)
ix. Relevant for individuals related to partnering companies
• Corresponding with partnering organizations
• Invoicing, billing, and other business inquiries related to the partnering organizations
• General management of relationships with partnering organizations
Type of data:
• Identity (partially)
• Contact (partially)
Legal basis:
• Performance of a contract with partnering organizations
• Necessary for our legitimate interests
(to develop our products/services and grow our business)
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Transactional, Usage, and Profile Data to form a view on what we think you may want or need, or what may be of interest to you.
This is how we decide which products, services, and offers may be relevant for you.
You will receive marketing communications from us if you have requested information from us or purchased from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
Where you opt-out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience, or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies or to alert you when websites set or access cookies.
Change of purpose
We will only use your personal data for the purposes for which we collected it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us: dpo@nigel.com.sg
5. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed.
In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:
a. organizational measures (including but not limited to staff training and policy development); and
b. securing ongoing availability, integrity, and accessibility (including but not limited to ensuring appropriate back-ups of personal data are held).
We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach where we are legally required to do so.
6. Personal Data retention
How long will you use my personal data?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements.
We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
For the purpose of defending our legitimate interests against possible legal claims, please note that correspondence (e.g. email addresses and content, chats with the customer service team, call recordings, etc.) will be kept up to 10 years.
Another example relates to our legitimate business need to prevent abuse of the promotions that we launch. We will retain a customer's personal data for the time of the promotion in order to prevent the appearance of abusive behavior.
Please note that under certain condition(s), you can ask us to delete your data: see your legal rights below for further information. We will honor your deletion request ONLY if the condition(s) is met.
In some circumstances, we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
7. Your legal rights
Under certain circumstances, you have rights under the data protection laws in relation to your personal data:
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to the processing of your personal data.
• Request restriction of processing your personal data.
• Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us: dpo@nigel.com.sg
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive.
Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
Please note that the law obliges us to use all reasonable measures to verify your identity when you request access to your personal data including a copy of your personal data.
We will apply all reasonable measures to verify your identity when you request the erasure of your personal data as a malicious request for erasure may put at risk your financial interests.
In our case, reasonable measures will be determined having regard to the fact that we operate in the mental health and education domain. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
8. Glossary
Lawful Basis
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience.
We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.
We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of a Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
9. Legal Rights Explained
You have the right to:
• Request access to your personal data (commonly known as a "Data Subject Access Request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
•
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
You also have the right to object to where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
o If you want us to establish the data's accuracy.
o Where our use of the data is unlawful, but you do not want us to erase it.
o Where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims.
o You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
