Data Processing Addendum
Carousell leads report helps sellers to download a summary of leads generated from the platform. With just one click, this new feature will allow sellers to download the details input by potential buyers, including the date of inquiry and message. Sellers can now easily track all leads generated from Carousell. (“Subscriber Services”).
This Data Processing Addendum (“DPA”) forms part of the Property Service Agreement Form or other written or electronic agreement between you and Carousell Pte Ltd. or its relevant subsidiary, for the purchase of certain property related services from Carousell, including the Subscriber Services ((hereinafter defined as “Services”) (the “Agreement”) to reflect the parties’ agreement with regard to the Processing of Personal Data.
For ease of reference, each of Carousell Pte Ltd, its subsidiaries and its directors, officers and employees (collectively, “Representatives” and each a “Representative”) are referred to in this Addendums “Carousell”.
You acknowledge that In the course of providing the Services to you pursuant to the Agreement, Carousell may Process Personal Data on behalf of you and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
Capitalised terms used but not defined herein, shall have the respective meanings given to them in our TOS.
If you are using the Services for and on behalf of a registered business entity (“Entity”), the term “you” in this agreement shall mean the said Entity, unless the context does not otherwise permit.
1.1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.2. “Customer Data” means any and all information related to a Data Subject via Carousell’s platform for the purposes of the Services.
1.3. “Data Protection Laws and Regulations” means all laws and regulations, applicable to the Processing of Personal Data under the Agreement.
1.4. “Data Subject” means the identified or identifiable person to whom Personal Data relates.
1.5. “Personal Data” means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
1.6. “Process” or “Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
1.7. “Processor” means Carousell, the entity which Processes Personal Data on behalf of you as the Controller.
- Processing of Personal Data
2.1. Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, you are the Controller, and Carousell is the Processor and that Carousell may engage Sub-processors pursuant to the requirements set forth in Section 3 “Sub-processors” below.
2.2. Processing of Personal Data. You shall, in your use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. You shall also implement adequate technical and operational measures to ensure the security of the Personal Data during transmission from the Carousell platform to your own systems, servers and/or computers. For the avoidance of doubt, your instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. You shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which you acquired Personal Data. You specifically acknowledge that your use of the Services will not violate the rights of any Data Subject that has opted-out from sales or other disclosures of Personal Data, to the extent applicable.
2.3. Carousell Processing of Personal Data. Carousell shall treat Personal Data as Confidential Information and shall Process Personal Data on behalf of and only in accordance with your instructions for the following purposes:
2.3.1. Processing in accordance with the Agreement and applicable addendums;
2.3.2. Processing initiated by users in their use of the Services; and
2.3.3. Processing to comply with other documented reasonable instructions provided by you (e.g., via email) where such instructions are consistent with the terms of the Agreement.
2.4. Details of the Processing. The subject-matter of Processing of Personal Data by Carousell is the performance of the Services pursuant to the Agreement. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this DPA are further specified in Schedule 1 (Details of the Processing) to this DPA.
3.1. Appointment of Sub-processors. You acknowledge and agree that (a) Carousell’s Affiliates may be retained as Sub-processors; and (b) Carousell and Carousell’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services. Carousell or a Carousell Affiliate has entered into a written agreement with each Sub-processor containing data protection obligations not less protective than those in this Agreement with respect to the protection of Customer Data to the extent applicable to the nature of the Services provided by such Sub-processor.
3.2. Liability. Carousell shall be liable for the acts and omissions of its Sub-processors to the same extent Carousell would be liable if performing the services of each Sub-processor directly under the terms of this DPA, except as otherwise set forth in the Agreement.
- Limitation of liability
Carousell and all of its Affiliates’ liability, taken together in the aggregate, arising out of or related to this DPA, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the TOS, and any reference in such section to the liability of a party means the aggregate liability of that party and all of its Affiliates under the Agreement and all DPAs together.
For the avoidance of doubt, Carousell’s and its Affiliates’ total liability for all claims from you arising out of or related to the Agreement and all DPAs shall apply in the aggregate for all claims under both the Agreement and all DPAs established under this Agreement, id, in particular, shall not be understood to apply individually and severally to Customer and/or to any Authorized Affiliate that is a contractual party to any such DPA.
- Governing Law and Jurisdiction
You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
Schedule 1 (Details of the Processing)
Nature and Purpose of Processing
Carousell will Process Personal Data as necessary to perform the Services pursuant to the Agreement, and as further instructed by Customer in its use of the Services.
Duration of Processing
Carousell will Process Personal Data for the duration of the Agreement, unless otherwise agreed upon in writing.
Categories of Data Subjects
You may submit Personal Data to the Services, the extent of which is determined and controlled by you in your sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
- Your prospects, customers, business partners and vendors (who are natural persons)
- Your employees or contact persons of prospects, customers, business partners and vendors
- Your employees, agents, advisors, freelancers (who are natural persons)
- Your users authorised by you to use the Services
Type of Personal Data
Carousell may collect, use and Process Personal Data on your behalf and you may submit Personal Data to the Services, the extent of which is determined and controlled by You in its sole
discretion, and which may include, but is not limited to the following categories of Personal Data:
- First and last name
- Contact information (company, email, phone, physical business address)
- ID data
- Professional life data
- Personal life data