Data and Personal Information Protection Statement
Data and Personal Information Protection Statement
Personal Data Protection Act.
- This Clause shall apply where Party B undertakes any Processing of data, documents, materials or information in or from Singapore（as “Services”）.
This Statement applies when Party B processes any data, documents, materials, or information in or from Singapore (hereinafter referred to as Services) as instructed by Party A.
- Both [Party A]2 and [Party B]2 acknowledge and agree that with regard to the Processing of Personal Data, [Party B] is a Data Intermediary (as defined in the PDPA) acting on behalf of [Party A], and [Party B] Processes any Personal Data disclosed by [Party A] to [Party B] for and on [Party A]’s behalf and that this Agreement constitutes contract evidenced or made in writing for such purposes. [Party A] agrees and undertakes that it is fully responsible for complying with applicable law, requirements and obligations, including under the PDPA, in relation to any Personal Data which it may require Party B to Process pursuant to this Agreement, and any additional costs or expenses to be incurred by Party B in connection with meeting any requirements arising under the PDPA shall be borne exclusively by Party A.
Both [Party A] and [Party B] agree and confirm that, regarding the processing of personal data, [Party B] acts as a Data Intermediary (as defined by the PDPA) on behalf of [Party A], and [Party B] processes personal data disclosed by [Party A] exclusively for [Party A] and on its behalf. This Statement serves as a written agreement for these purposes. [Party A] agrees to take full responsibility for complying with relevant laws, requirements, and obligations, including the PDPA, concerning any personal data it requires [Party B] to process under this Statement. Any costs or expenses incurred by [Party B] to meet requirements arising from the PDPA will be borne solely by [Party A].
- Without limiting the generality of the foregoing, [Party A] acknowledges and agrees that in its use of the [Services]:
Without limiting the generality of the foregoing, [Party A] acknowledges and agrees that in its use of the [Services]:
（a）where [Party A] discloses Personal Data to [Party B], [Party A] has the sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which [Party A] acquired Personal Data, and [Party A] represents and warrants to [Party B] that [Party A] has obtained all necessary consents and/or notices under applicable law, including the PDPA, from each individual to whom the Personal Data relates for the disclosure of such individual’s Personal Data to [Party B] and for [Party B]'s collection, use, disclosure and/or Processing, and that such consents and/or notices have not been withdrawn;
where [Party A] discloses personal data to [Party B], [Party A] has the sole responsibility for the accuracy, quality and legality of personal data and the means by which [Party A] acquired personal data, and [Party A] represents and warrants to [Party B] that [Party A] has obtained all necessary consents and/or notices under applicable law, including the PDPA, from each individual to whom the personal data relates for the disclosure of such individual’s personal data to [Party B] and for [Party B]’s collection, use, disclosure and/or processing, and that such consents and/or notices have not been withdrawn;
（b）[Party A] represents and warrants to [Party B] that [Party A] has at all times complied with and will continue to comply with the requirements of the PDPA, in respect of the collection, use, disclosure, Processing and/or other handling of Personal Data, including complying with any applicable requirement to provide notice to individuals of the use of [Party B] as Data Intermediary;
[Party A] represents and warrants to [Party B] that [Party A] has at all times complied with and will continue to comply with the requirements of the PDPA, in respect of the collection, use, disclosure, processing and/or other handling of personal data, including notifying individuals of the use of personal data with [Party B] entrusted as Data Intermediary and complying with any applicable requirement;
（c）Personal Data received via or from Singapore, may be transferred to, and collected, used, disclosed and/or Processed in the country in which [Party B], its affiliates and/or its sub-contractors maintain facilities for the [Services], and [Party A] represents and warrants to [Party B] that [Party A] has obtained all necessary consents and/or notices under applicable law, including the PDPA, from each individual to whom the Personal Data relates for the transfer of Personal Data out of Singapore in connection with [Party A]’s use of the [Services], and that such consents and/or notices have not been withdrawn.
Personal data received from or via Singapore may be transferred to and collected, used, disclosed, and/or processed in the country or region where [Party B], its affiliates, or its sub-contractors have facilities for the [Services]. [Party A] guarantees that it has obtained all necessary consents and/or provided required notices under applicable laws, including the PDPA, from each individual whose personal data is concerned, to authorize the transfer of such data out of Singapore for [Party A]’s use of the [Services]. These consents and/or notices have not been withdrawn.
- [Party A] represents, warrants and undertakes not to transmit and/or upload, in its use of the [Services] any data, documents, materials or information which is or may be (a) subject to any controls, restrictions or prohibitions relating to its communication, dissemination or export from Singapore, including without limitation, under the Official Secrets Act 1935, the Strategic Goods (Control) Act 2002, nor (b) defamatory, abusive, obscene, threatening, malicious or otherwise objectionable or illegal or in breach or violation of any applicable laws, regulations, licensing requirements or codes of conduct, or which infringes the rights of any party, including without limitation, contractual, moral and/or privacy rights. Party A shall fully indemnify Party B against any loss, claim, penalty or damage Party B may suffer on account of any breach of this Clause.
[Party A] guarantees and commits not to transmit or upload, in its use of the [Services], any data, documents, materials, or information that (A) is subject to controls, restrictions, or prohibitions on communication, dissemination, or export from Singapore, including but not limited to the Official Secrets Act 1935 and the Strategic Goods (Control) Act 2002, or (B) is defamatory, abusive, obscene, threatening, malicious, objectionable, illegal, or in violation of any applicable laws, regulations, licensing requirements, or codes of conduct, or infringes any party's rights, such as contractual, moral, or privacy rights. Party A shall fully indemnify Party B against any losses, claims, penalties, or damages that Party B may incur due to a breach of this Clause.
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In this Clause, unless the context otherwise requires:
Unless otherwise agreed by both parties, definitions referred to in this Statement are as follows:
"Party A"| is referring to the
enterprise user| |
"Party B"| is referring to
Baidu AI Cloud| |"PDPA"| means the
Singapore Personal Data Protection Act 2012| |"Personal Data"|
means data, whether true or not, about an individual who can be identified either from that data or from that data when combined with other information to which an entity has access or is likely to have access. |