Terms
Privacy Notice
Last Updated: 8 August 2022
Dear Visitor,
Your privacy is of utmost importance to us. Our Privacy Notice is presented in a format which is easy to read and navigate. If you seek further clarity or details on any specific matter, we urge you to contact us at data.privacy@jayasom.com.
Summary
• The Jayasom Group, comprising Jayasom Pte Ltd, as well as its affiliates, subsidiaries and related entities ("Jayasom Group" or “Jayasom”) and the wellness resorts and other properties we own or manage, use your personal information to process and facilitate bookings, product or service orders and deliveries, provide you with highly-individualised service at our wellness resorts or for delivery to your chosen location, respond to your requests for information, inform you of our products and services and other purposes as set out in this notice.
• Data is shared with companies in the Jayasom Group, third party service providers and professional advisers that may be located anywhere in the world.
• Where we rely on your consent, such as for marketing our products and services to you, use of cookies, and collection and use of your sensitive personal data, you may withdraw this consent at any time.
• Our website uses cookies to track visitors using our site, analyse trends and usage patterns for research and marketing purposes. You are not obliged to accept cookies. More information is set out in Section C of this Privacy Notice.
• You have certain rights to your personal information under applicable laws, including a right to object to some of the processing which Jayasom carries out. More information about your rights, and how to exercise them, is set out in Section F of this Privacy Notice.
A. Website Terms
By accessing, viewing or otherwise using this Jayasom website (the “Website”), you are deemed to have read and agreed to be bound by the terms set forth below. Should you object to any of these terms of use, your only recourse is to immediately discontinue access to, viewing of or otherwise using this Website.
PROPRIETARY INFORMATION AND COPYRIGHT
The entire contents, including without limitation, the information, text, data, graphics, images, sounds, animation effects, links, software and all other materials and software contained on this site (the „Information”) are the exclusive property of Jayasom Pte Ltd, its subsidiaries, affiliates and related entities (“Jayasom”). You may not reproduce, create hyperlinks to or from, distribute, transmit, display, broadcast, publish, license, modify, translate, create derivative works from, transfer, sell or otherwise deal in or with any of the Information by any means without the express prior written permission of Jayasom; provided, however, that the Information may be downloaded and reproduced solely for private non-commercial use.
TRADEMARK NOTICE
This Website includes the trademarks Jayasom, Wellness Wisdom and other valuable "Jayasom"-prefixed trademarks and business identifiers owned and used by Jayasom in its business (the “Trademarks”). Such Trademarks are proprietary to Jayasom and are protected from copying and usage by international laws. As such, you may not reproduce, copy or otherwise use these Trademarks without the prior explicit written consent of Jayasom, which may be unreasonably withheld.
DISCLAIMER
Every effort has been made to ensure that the Information, including room rates and availability, is accurate and reliable. But in the unlikely event that errors and/or omissions occur, Jayasom shall not be bound by any such errors and/or omissions which may occur and shall not be liable for any loss whatsoever which may result from such errors and/or omissions.
Jayasom does not make any representation or warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Information and this Website and any links thereto, including, without limitation, as to merchantability, completeness, non-infringement of intellectual property, fitness for any particular purpose or freedom from computer viruses or other corrupting or destructive codes or macros. Jayasom may from time to time revise the information and reserves the right to make such changes without any obligation to notify past, current or prospective visitors to this Website.
IN NO EVENT SHALL JAYASOM BE LIABLE FOR ANY LOSS, INJURY, COST, EXPENSE OR DAMAGES, EITHER DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF INFORMATION) (“THE LOSSES”) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE INFORMATION, THE MARKS, THIS WEBSITE OR ANY LINKS THERETO AND THEREFROM, WHETHER OR NOT SUCH LOSSES ARE DUE TO THE NEGLIGENCE OF JAYASOM‘S OFFICERS OR STAFF.
RESERVATION OF RIGHTS
Further to any other rights or remedies that may be available to Jayasom, Jayasom reserves the right to cancel / modify reservations made and to refuse entry / service to any persons in its sole discretion without notice and without any liability if it appears that such reservation or entry would be for any fraudulent or inappropriate purpose, or otherwise contrary to the interests of Jayasom.
COMMUNICATIONS
With respect to all communications made to Jayasom including, without limitation, feedback, questions, comments and suggestions (“Communications”): (a) any personal data included in such Communications is subject to Jayasom’s Privacy Notice; (b) no right of confidentiality shall apply to Communications and Jayasom shall have no obligation to protect Communications from disclosure or unauthorized interception by third parties; (c) Jayasom shall be free to reproduce, use, disclose and distribute Communications to others; and (d) Jayasom shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information. Customers who choose to send internet E-Mail messages to Jayasom that contain confidential, private or personal information do so entirely at their own risk.
LINKS
This site may contain links to other websites unconnected to Jayasom. The images, opinions and other links provided by these websites have not been investigated, verified or monitored. By providing these links, Jayasom is not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them. It is recommended that you exercise your own judgment in accessing such linked websites.
We reserve the right to disable links from any third party sites to our Website.
APPLICABLE LAWS AND JURISDICTIONS
Any disputes arising out of or relating to this Website shall be governed by and construed in accordance with the laws of Singapore and you shall agree to submit to the non-exclusive jurisdiction of the Singaporean courts.
Please direct all enquiries on the above to:
Jayasom Pte Ltd.
Legal Department
133 Cecil Street
#15-02
Keck Seng Tower
Singapore 069535
B. Privacy Notice
Jayasom Pte Ltd. (“Jayasom”, “we”, “us” and “our”) take the issue of safeguarding privacy seriously. Our Privacy Notice describes what information we collect from resort guests, residence owners, residence renters and exchange guests (collectively referred to as "Guests and Owners") as well as visitors to the Jayasom website and mobile App, and the way in which Jayasom uses this information to better serve your needs.
This Privacy Notice has been adopted by all of the distinct legal entities that manage and operate Jayasom branded wellness resorts and residential properties.
What personal information does Jayasom collect?
Personal information is any information that may identify or relate to you as an identifiable individual. The personal information that we collect about you could include:
i. Identity information – such as name, age, gender, passport information or data from government-issued identity cards;
ii. Contact information – such as your home address, zip/postal code, email address and phone number;
iii. Images – such as CCTV images, publicly available photographs and images captured at events or during your stay;
iv. Financial and payment information – such as your credit card details, itemized spending and transaction history;
v. Reservation information – such as the type and location of the rooms you reserve and the dates of your reservations;
vi. Medical and Health information – such as past and current medical conditions, responses given by health questionnaires, assessments made by our staff, medical information provided by our guests or owners before, during and after their stay;
vii. Preference information – such as special requests, service issues and other preferences for your stay;
viii. Public information – such as when we review public platforms to understand what you are saying about us or the hospitality industry;
ix. Technical information – such as information about the device you use to interact with us (including the unique device identifier, hardware model, IP address, geolocation, operating system and version, and mobile network information and unique device identifiers, in the case of our mobile App); and
x. Correspondence information – when you contact us, such as to send an enquiry or make a request, any correspondence or application may be kept and added to your personal information.
How is your personal information used by Jayasom?
For each of the categories of personal information described above, we use your personal information for the following purposes:
i. to enable you to use our Website and our mobile App;
ii. to help us recognize or identify you and any accounts you hold with us;
iii. to provide superior customer service to you;
iv. to provide personalised wellness guidance and advice
v. to assist us in making your reservation and providing the services you request at any of our properties;
vi. to process transactions through our website (including taking payment for purchases you may make through our website) and to assist in any inquiries about your transaction;
vii. for billing purposes in relation to your stay with us;
viii. to confirm prior transactions and reconcile statements or invoices;
ix. to contact you in relation to matters that arise from your stay with us;
x. to send you newsletters or marketing communications regarding our properties and to advise you of promotions or to inform you of offers or other information that may be of interest to you (if, where required, you separately provide your consent for us to do so);
xi. to personalize and enhance your online and guest experience;
xii. to conduct surveys or focus groups to receive your views of our properties and service delivery (if, where required, you separately provide your consent to this);
xiii. to respond to a specific "Information Request" from you about one of our wellness resorts or residential properties and deal with any other enquiries, correspondence, concerns or complaints you have raised;
xiv. for marketing, advertising and promotional purposes, such as through one of our on-line promotions or on third party social networks, consistent with your preferences and applicable law;
xv. if you become a residence owner, to create an owner profile that is stored in our property management systems;
xvi. to analyze customer trends and insights; and
xvii. to operate our business, including for internal purposes such as auditing, data analysis, statistical and research purposes and troubleshooting to help us improve our services.
Occasionally we will combine information from a number of Guests and Owners to better understand trends and your expectations. When this occurs, all identifiers are removed and the aggregate, anonymized information cannot be linked to any specific individual or household.
On what basis does Jayasom use your personal information?
We use your personal information on the following basis:
i. to comply with legal and regulatory obligations, including financial reporting requirements imposed by government regulators and our auditors;
ii. to enter into agreements with you, and to perform our agreement to provide services to you when you stay with us;
iii. for legitimate business purposes – using your personal information helps us to operate and improve our business and minimise any disruption to the services that we may offer to you. It also allows us to make our communications with you more relevant and personalised to you, and to make your experience of our services more efficient and effective;
iv. because you have given your consent – at times we may ask for your consent to allow us to use your personal information for one or more purposes. See the “Your rights” section for more information about the rights that you have if we process your information on the basis of your consent;
v. for purposes disclosed at the time you provide your personal information or as otherwise set forth in this Privacy Notice; or
vi. for the establishment, exercise or defence of legal claims or proceedings.
How and from what sources is personal information collected?
For each of the categories of personal information and purposes described above, we gather information when you provide it to us, or interact with us directly, for example:
• when you create a profile or sign in to access an existing profile on our website or App;
• when you make a purchase through our website;
• when you make a reservation online, by calling one of our central reservation office or by contacting a particular wellness resorts directly; and
• during your stay at a wellness resort or residence, including information provided during check-in, during wellness consultations and during the course of undertaking treatments and activities.
We also collect your personal information while monitoring our technology tools and services, including comment cards and email communications or other social media posts sent to and from Jayasom.
We may also receive information about you from other sources, such as our business partners and publicly available sources, or from other members of your traveling party or other individuals. We combine information that we have about you from various sources, including the information that you have provided to us.
Finally, we may collect your photograph from publicly available sources so that we can recognize you in order to provide you with superior customer service.
C. Cookies and other data
We collect information automatically from you through the use of cookies, pixel tags and similar technologies, when you visit our website or use our mobile App or read our emails, and we may use third party partners to collect this device and usage information. For example, we collect information about how you use our website and mobile App, such as the pages you visit or links you click and if you use multiple devices, and information about the device you use, such as the IP address, device type, operating system, and a unique ID that allows us to uniquely identify a browser, mobile device or account (including, e.g., a persistent device identifier or AdID), and other such information. If permitted by your device settings, we and our third party providers may collect location data through GPS, Wi-Fi or other methods to personalize and enhance your online experience and to improve the effectiveness of our website, mobile App, offers, advertising, communications and customer service. We collect analytics data, or use third party analytics tools to help measure traffic and usage trends and to understand more about the demographics and behaviors of our users.
We, or our third party partners, may use the data collected through cookies and similar technologies to remember information so that you will not have to re-enter it during your visit or the next time you visit the website or mobile App; provide custom, personalized content and information; identify and contact you across multiple devices; provide and monitor the effectiveness of our website and mobile App and perform analytics; diagnose or fix technology problems; detect or prevent fraud or other harmful activities, and otherwise to plan for and enhance our online properties and services.
We may also use third party advertising companies to serve advertisements regarding goods and services that may interest you when you access and use our websites and mobile App. To serve such advertisements, these companies place or recognize a unique cookie on your browser (including through use of pixel tags). By clicking “Accept”, you agree to the use of such cookies (or similar) and the sharing of your data with our affiliates.
D. Third-Party Websites
Our websites and online services may include links to third party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.
E. How do we protect Personal Information
We use a variety of physical, technical and administrative security measures and technologies to help preserve the integrity and security of your personal information, consistent with applicable data protection and privacy laws.
We endeavor to protect the privacy of your account and other personal information that we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized access or use, hardware or software failure, and other factors, may compromise the security of user information. Also, while we endeavor to put adequate contractual protections in place, we cannot guarantee the security of any personal information in databases hosted by third parties.
It is important to note that any e-mail communication is not secure. This is a risk inherent in the use of e-mail. Please be aware of this when requesting information or sending forms to us by e-mail (for example, from the “Contact Us” section of our website). We recommend that you do not include any confidential information (e.g. credit card information) when using e-mail. For your protection, our e-mail responses to you will not include any sensitive personal information.
Finally, to be prudent, please be sure to always close your browsers when you are done using a form or the reservation site. Although the session will terminate after a short period of inactivity, it is best to close your browsers immediately upon completion, especially when using a public computer.
Will personal information be provided to third parties?
For each of the categories of personal information, sources of information and purposes described above, we may share certain of your personal information with:
• other Jayasom wellness resorts and residences;
• agents, contractors or third party service providers of Jayasom who provide services to Jayasom or on our behalf, including as needed to better serve your needs as a Guest or Owner;
• others with your consent or at your direction;
• escrow agents, third party lenders and loan-servicing agents;
• a prospective buyer, investor or other third party in the event that we are involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of any business or assets or similar business transaction;
• online advertising partners, analytics and search engine providers that assist Jayasom in the improvement and optimisation of the website and our mobile App, or for advertising, analytics, attribution or research purposes (see our Cookie Notice to learn more);
• our professional advisors and auditors; and
• local or foreign regulators, governments, courts, law enforcement and national security authorities.
Where a third party engaged by Jayasom processes personal information on our behalf, Jayasom takes steps to contractually require these parties protect your personal information in a manner consistent with the principles articulated in this Privacy Notice.
In the case of third party residential property developers, please visit the particular developer's privacy notice to learn more about the personal information practices of the third-party developer.
If you have chosen to join a subscription list, please note that they are only used for internal purposes and we do not sell or rent our subscription lists to third parties for their direct marketing purposes.
If Jayasom suspects any unlawful activity is taking place, it may investigate and/or report its findings or suspicions to the police or other relevant law enforcement agency.
We may also disclose information as may be required by law or legal process, or if we reasonably believe such disclosure is necessary to comply with legal process or the reasonable requests of law enforcement or to exercise or protect the rights, property or personal safety of the Jayasom, our Guests or Owners, or others.
Transfers of your personal information outside your home country
Your personal information may be processed by Jayasom and its third party suppliers anywhere in the world, including in countries where data privacy laws may not be equivalent to, or as protective as, the laws in your home country.
In particular, your personal information will be stored in your guest profile and is available to all Jayasom properties. We will implement appropriate measures to ensure that your personal information remains protected and secure when it is transferred outside of your home country. These measures include data transfer agreements implementing standard data protection clauses.
F. Your Rights
Depending on applicable law, which may be determined by your country, region or state of residency, you may be able to exercise one or more of the following rights relating to our processing of your personal information. You may also have other rights under the laws of your jurisdiction of residence.
To protect your personal information, we may require that you prove your identity to us at the time your request is made. This may involve providing us with information which we hold on file about you (e.g. a home or business address), or we may require you to produce some form of photo or government issued identification.
Accessing, correcting or deleting your personal information
We understand that you may like to know what personal information we hold about you, or to correct or delete certain information we hold about you. We are happy to assist you with your request.
Jayasom reserves the right to decline a request to access, correct or delete your personal information under certain circumstances as permitted by applicable law. In particular, there may be a variety of legitimate business reasons why we may be unable to delete your personal information and where we are permitted to decline your request to delete your information.
Right to decline marketing communications
If you do not wish to receive marketing communications from Jayasom, you may indicate your wishes on your registration card when you stay with us or send an e-mail to: unsubscribe@jayasom.com. You will always have the ability to accept or decline any form of communication from Jayasom. You may unsubscribe from electronic marketing communications at any time by selecting the “unsubscribe” link included in such communications. Please note that you may not be able to opt out of service-related communications (e.g., account verification, transactional communications, technical and security and notices).
Other rights
You may also be entitled to:
• request the restriction of the processing of your personal information, or object to that processing;
• opt out from the processing or disclosure of your personal information for direct marketing purposes;
• withdraw your consent to the processing of your personal information (where Jayasom is processing your personal information based on your consent); and
• request the receipt or transmission to another organisation, in machine-readable form, of the personal information you have provided to Jayasom.
Where you are given the option to share personal information with Jayasom, you can always choose not to do so. If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. This could mean that we are unable to perform the actions necessary to achieve the purposes of processing described above (see ‘How do we use your personal information?’) or that you are unable to make use of the services offered by us. After you have chosen to withdraw your consent, Jayasom may be able to continue to process your personal information to the extent required or otherwise permitted by law.
G. Updates to this Privacy Notice
We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the "Last Updated" date at the beginning of this Privacy Notice and will provide any other form of notice as may be required by law. All changes shall be effective from the date of publication unless otherwise provided.
H. Contact us
If you have any questions or concerns regarding this Privacy Notice, please contact our legal department by writing to the following address:
Jayasom Pte Ltd.
Legal Department
133 Cecil Street
#15-02
Keck Seng Tower
Singapore 069535
Email: legal@jayasom.com
If you wish to delete or request a copy of your personal data, please contact us by writing to the following address:
Email: data.privacy@jayasom.com