INTRODUCTION
10Tacle is a cloud-based solution for physical access control.
Its purpose is to provide control of whether a particular user can enter a particular door or vehicle lane. For that to work, 10Tacle connects to each door or vehicle lane in the system via a locally installed internet device which controls the electric lock. 10Tacle website service (here also the Cloud Service), 10Tacle application (here also the App), 10Tacle internet devices (here also Controllers) and optional card readers and video analytic cameras, together as a whole provide the complete, end-to-end physical security solution (here also the Solution, or the System). 10Tacle website service is run at admin.10tacle.io by 10Tacle Pte Ltd (here also 10Tacle). The 10tacle.io domain name, the web site and web application software, the smartphone app and the controller’s design are all owned by 10Tacle.Contact information:10Tacle Pte Ltd 3014 Ubi Road 1, #02-276, Singapore 408702
Tel. +65 8926 4421
Email:
www.10tacle.io
IMPORTANT NOTE
10Tacle may be procured by End-users in two distinct ways:
A) Directly 10Tacle is provided as subscription-based online service directly to its users under a written purchase order and under individually negotiated terms and conditions from 10Tacle including such as fees, payments, guarantees, and refunds.
B) Through Partners 10TACLE may be also available to its users through third parties authorised by 10Tacle. In those cases, the service is provided under the Partner’s own terms of use which may vary from this Terms of Use. If you are procuring 10Tacle from the third party and not directly from 10Tacle , please refer to their terms and conditions.In either case, the General Terms of Use bellow apply as the default unless they have been explicitly overridden by the individual terms and conditions (above A) or by the Partner’s terms and conditions (above B). Whenever in contradiction, the General Terms of Use clause will get overridden by the particular Terms of Use clause, with one exception which always remains in effect: Use Through Partners, End-user Protection, see below.
GENERAL TERMS OF USE
10Tacle is reserving the right to amend or change the Terms of Use without prior notice. 10Tacle will, however, take reasonable steps to inform users about any such change and provide the easy-exit procedure in case of users wishing to terminate the agreement and leave the service at any time, for any reason.10Tacle is not responsible for the Cloud Service unavailability, data errors, inaccuracies or for any consequential damage caused by the use, or inability to use the Cloud Service. In no case other than those regulated by the law, will the liability for damages exceed the sum of the subscription paid for the previous 3 months, the net value received, exclusive of taxes.The Cloud Service may include integrations with web services made available by third parties (other than 10Tacle or its affiliates) that are accessed through the Cloud Service and subject to terms and conditions with those third parties. These third party’s web services are not part of the Cloud Service and the agreement does not apply to them.
USE THROUGH PARTNERS, END-USER PROTECTION
10Tacle does not engage in End-user vs. Partner disputes and will remain neutral in any such case. However, 10Tacle will do its best to ensure the continuity of the service for the End-user and protect the End-user against Partner lock-up.If such a dispute occurs resulting in major disruption or termination of the service, and if requested by the End-user organization, 10Tacle will provide emergency remote support directly. Such emergency support is limited to mission-critical operations and to a maximum of 60 days. During that time, 10Tacle will do its best to resolve the emergency as soon as possible by transferring the End-user to the alternative Partner. If such an arrangement is not available or not acceptable, 10Tacle will offer direct remote support long-term.
DATA SECURITY AND SAFETY
10Tacle allows its administrative users (admins) to store, process and manage the personal information of other users such as employees, temporarily hired workforce, subcontractors and other contributors of their time tracking information. User’s admins are responsible for protecting the privacy of the personal data they collect and manage with the Cloud Service. 10Tacle follows best business practices for protecting user data such as secure communication, data encryption, user identification and authorization, rights management, safe storage, and redundancy. All the user information is stored on servers in a secure operating environment. 10Tacle server software runs in a multi-tenant environment using logical tenant isolation in Alibaba Cloud infrastructure.
Although 10Tacle has taken all reasonable measures to minimize the risks of data loss, including the regular data backup, 10Tacle takes no responsibility for eventual data recovery failure or data loss in general. To help preserving the data in case of corruption, loss or the Service cancellation 10Tacle allows unhindered export of data during the time of active subscription. 10Tacle is committed to promptly inform the users about all security, privacy, and data safety incidents.The user is responsible for its data and entering it into the Cloud Service. User grants 10Tacle a nonexclusive right to process such data solely to provide and support the Cloud Service.At the end of the agreement, 10Tacle will delete the user’s data remaining on servers hosting the Cloud Service unless applicable law requires retention.
SUBSCRIPTION TERMS
The Cloud Service is paid by monthly or annual subscription. The subscription is billed at the beginning of the subscription period. Subscription is billed automatically according to the particular subscription agreement.With respect to the Cloud Service, the user will not:(a) disassemble, decompile, reverse-engineer, copy, translate or make derivative works, except to the extent such rights cannot be validly waived by law,(b) disrupt its operation or circumvent or diminish its security.
TECHNICAL SUPPORT
10Tacle provides technical support to the End-users who procured the Cloud Service directly.Technical support requests are communicated through our email. Such requests will be responded within the same or next business day. Business hours are 9:00 to 17:00 each day from Monday to Friday, except on officially declared bank holidays in Singapore.Technical support is provided on the “best-effort” basis and there are no guarantees regarding the response time, quantity, quality, performance or the outcome of the support.
WARRANTIES
10Tacle warrants that during the subscription term:
a) this agreement, and any documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of user’s data,
b) 10Tacle will not materially decrease the overall security of the Cloud Service,
c) the Cloud Service will perform materially in accordance with the applicable documentation,
d) registered intellectual property rights of 3rd parties will not be breached.For any breach of a warranty above, the user’s exclusive remedy is termination. 10Tacle shall not be held liable for any loss, including loss of profits, indirect or incidental loss, loss of data, non- function of the Cloud Service or its functionalities if:loss is not reproducible or not imputable to 10Tacle or in cases where the Cloud Service is not used in compliance with this Agreement;user has failed to properly perform its duty to collaborate or failure to take the advice of 10Tacle;if the loss is caused as a consequence of the force majeure. 10Tacle’s total liability for any damages or claims under this agreement is limited to the net value of the subscription fees paid in the last 3 months, except when such limitation is prohibited by law.
NON-PAYMENT
Payment terms are 8 days from the date of the invoice. If 10TACLE subscription is not paid one month after becoming due, 10TACLE service will still run but the user will be blocked from changing any settings and from having access to reports.If 10TACLE subscription is not paid 6 months after becoming due, 10Tacle reserves the right to discontinue the service in its entirety.
GOVERNING LAW
a) Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
b) Except as provide for in (a), any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties. Either party must initiate a cause of action for any claim(s) relating to this agreement and its subject matter within one year from the date when the party knew, or should have known after reasonable investigation, of the facts giving rise to the claim(s).
VALIDITY
Valid from: 01.10.2020
This version supersedes all previous versions.
DATA PROTECTION NOTICE
This Data Protection Notice (“Notice”) sets out the basis which 10Tacle Pte. Ltd. (“10Tacle”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”).
PERSONAL DATA
1. As used in this Notice:“customer” means an individual who (a) has contacted 10Tacle through any means to find out more about the services 10Tacle provides, or (b) may, or has, entered into a contract with 10Tacle for the supply of any services by 10Tacle; 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 10Tacle has or are likely to have access. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name, contact information such as your address, email address or telephone number and credit card information.
2. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA
3. 10Tacle generally does not collect your personal data unless (a) it is provided to 10Tacle voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to 10Tacle (your “authorised representative”) after (i) you (or your authorised representative) have been notified of the purposes for which the 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 (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. 10Tacle 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).
4. 10Tacle may collect and use your personal data for any or all of the following purposes:a. performing obligations in the course of or in connection with our provision of access to and carpark payment services requested by you;b. verifying your identity;c. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;d. managing your relationship with us;e. processing payment or credit transactions;f. 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;g. any other purposes for which you have provided the information;h. transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, in Singapore, for the aforementioned purposes.i. any other incidental business purposes related to or in connection with the above.
5. 10Tacle may disclose your personal data:a. where such disclosure is required for performing obligations in the course of or in connection with our provision of services requested by you; orb. to third party service providers, agents and other organisations 10Tacle has engaged to perform any of the functions listed in clause 4 above for 10Tacle.
6. The purposes listed in the above clauses may continue to apply even in situations where your relationship with 10Tacle (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 10Tacle to enforce our rights under any contract with you).
WITHDRAWING YOUR CONSENT
7. 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 via email to dpo@10tacle.io.
8. 10Tacle shall use its reasonable endeavours to process your request within fourteen (14) business days of receiving it.
9. 10Tacle may not be in a position to continue providing our 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 10Tacle in writing in the manner described in clause 7 above.
10. Please note that withdrawing your consent does not affect 10Tacle’s 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.
ACCESS TO AND CORRECTION OF PERSONAL DATA
11. If you wish to make (a) an access request for access to a copy of the personal data which 10Tacle holds about you or information about the ways in which 10Tacle uses or discloses your personal data, or (b) a correction request to correct or update any of your personal data which 10Tacle holds about you, you may submit your request in writing via email to dpo@10tacle.io.
12. Please note that a reasonable fee may be charged for an access request and 10Tacle will inform you of the fee before processing your request.
13. 10Tacle will use our best endeavours to respond to your request as soon as reasonably possible. If 10Tacle is unable to provide you with any personal data or to make a correction requested by you, 10Tacle will use reasonable endeavours to inform you of the reasons why 10Tacle are unable to do so (except where 10Tacle is not required to do so under the PDPA).
PROTECTION OF PERSONAL DATA
14. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, 10Tacle has 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 10Tacle, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
15. 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, 10Tacle will strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
ACCURACY OF PERSONAL DATA
16. 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 10Tacle if there are changes to your personal data by informing our Data Protection Officer in writing or email to dpo@10tacle.io.
RETENTION OF PERSONAL DATA
17. 10Tacle 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.
18. 10Tacle 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 serve the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
DATA PROTECTION OFFICER
19. 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 by email to dpo@10tacle.io.
EFFECT OF NOTICE AND CHANGES TO NOTICE
20. 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 10Tacle.
21. 10Tacle 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 10Tacle services constitutes your acknowledgement and acceptance of such changes.
