SIMMONS (SOUTHEAST ASIA) PTE LTD – PRIVACY POLICY

Privacy Notice

Current notice effective as of 8 January 2024

Last modified: 8 January 2024

Simmons (Southeast Asia) Pte Ltd and our affiliates (hereinafter “SIMMONS”, “we”, “our” or “us”) as well as our trusted service providers respect your right to privacy.

This privacy notice for SIMMONS (“Privacy Notice”) applies when you visit any of our websites as follows:

• https://simmons.com.sg/
• https://simmons.com.my/
• https://simmons.com.ph/
• https://simmons.co.th/
• https://simmons.com.vn/
• https://simmons.co.id/
• Engage with us in any other way, including through sales, marketing, events, phone, email, mobile application survey or in-person interactions,

(each a “Site” and collectively, the “Sites”).

Simmons respects your privacy and are committed to protect it.  This Privacy Policy lets you know how your personally identifiable information that Simmons receives from the Simmons’ website available at site, is processed, disclosed and used.  When you use or visit any of these Sites, regardless of how accessed, you are consenting to the collection, use and disclosure of your personal Data/Information in accordance with this Privacy Policy. This Privacy Policy only governs the Sites and does not govern other website or off-line data collection, disclosure and usage practices of Simmons.

USERs outside Southeast Asia.

Simmons makes the site available for consumers located exclusively in the Southeast Asia.  Please do not use the site if you are located outside Southeast Asia, at the site’s personal information practices and the terms of this Privacy Policy may or may not comply with foreign laws.

By using or accessing the Sites, you signify your agreement to be legally bound by this Privacy Policy and our Terms of Use.  If you do not agree to this Privacy Policy or the Terms of Use, you should not access or otherwise use the Sites.  The Terms of Use and Privacy Policy apply to all our visitors, registered users and others who access or use the Sites.

1. Personal Data

Personal Data (“Personal Data”) include your name, residential address, email address, phone number, gender, age, credit or debit card data, and any other information you may supply us for identification purposes.

Our Site is designed and intended for those who are at least the age of majority in their jurisdiction of residence. We do not knowingly collect any Personal Data/Information from minor.  If you are a minor, please do not use the Site or provide us with any Personal Data/Information to any site.

If you provide us with Personal Data about another person, you represent and warrant to us that you have obtained all necessary consents from that other person to permit us to use that Personal Data as set forth in this Privacy Policy.

2. Collection of Personal Data/Information

We may ask you to provide Personal Data when you use the site, including when you voluntarily register or update your existing profile with us, subscribe to catalogues or newsletters, email us, use our customer services, answer surveys, enter promotional opportunities, post on our social networks’ message boards, or make any other submissions to our Site.

Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection).  In the event that you do not provide any Personal Data marked as mandatory, we may not be able to process your request, or provide you with our products or services.

We may use cookies or similar technologies on our website to help us manage your website experience, and allow for customization of the web pages presented to you when you return to the website.  We do not collect or store Personal Data from you under this circumstance.  You can opt to disable cookies or similar technologies at any time by simply modifying your browser’s configuration, but certain functionality may become unavailable if you do so.

3. Purpose of Collection

We collect and use Personal Data about you for the following purposes:

• To process your requests or orders and delivery services;
• To provide you with customer service and respond to your enquiries, feedback or claims;
• To keep track of and analyse your purchases, transactions, shopping patterns, account activity and payment history;
• To provide information about the Company and our products, such as newsletter, events, promotions or contests;
• To conduct surveys and analyse for research, statistical, product and service developments in an effort to improve your shopping experience (we may tailor our Site to your interests ad offer specific products to your accordingly); and
• To comply with legal requirements.

4. Management of Personal Data

We take reasonable steps to make sure that the Personal Data we collect is protected from any unauthorised access, disclosures, misuse or loss.  We will collect, use or disclose your Personal Data only with your knowledge and consent, as set out in the Privacy Policy unless otherwise required or permitted by law.

We are responsible for ensuring your Personal Data is protected and strictly used in accordance with Clause 3.

Please note that we cannot be responsible for any Personal Data you share or post by way of submissions to the public spaces of our Site.  These are public areas and may be consulted or viewed by anyone visiting these sections of our site, as such, falls outside this Privacy Policy.

5. Storage of Personal Data

We will keep your Personal Data as accurate, complete and up-to-date as necessary and reasonably possible for the purposes for which it is to be used in accordance with Clause 3.

We will only retain your Personal Data as long as necessary for purposes listed in Clause 3 or as required by law.  Please note that we shall not be liable for disclosure of our data due to errors or unauthorised acts of third parties.

6. Disclosure to Third Party

Personal Data will not be used or disclosed for purposes other than those listed in Clause 3, except with your consent/indication of no objection, or as required/permitted by law.

To fulfil the purposes in Clause 3, we may share your Personal Data with third party contractors or service providers (“Third Party”) who help with our business operations, such as logistics services, transportation, reward programs, purchase order management, customer service, fraud investigations, and/or analysis of any transaction made through the site.

Please be assured that we shall implement contractual or other appropriate means to ensure compliance by such Third Party with this Privacy Policy and all applicable privacy laws when we disclose your Personal Data to Third Party.

If we consider it necessary to share your Personal Data with Third Party other than for the reasons specified in this Clause, we shall limit the Third Party’s use of Personal Data/Information to that which is required to provide the services on our behalf.

In the event of suspected fraud, threat to personal safety, or violation against our Terms and Conditions or relevant laws, we shall take prompt and all appropriate measures to investigate and address such risks.

By providing Personal Data through the site or otherwise to us, you expressly authorise us to use and disclose your information as described.  Please do not proceed if you do not agree on the abovementioned Personal Data usage.

Please note that we shall not be liable for disclosure of your data due to errors or unauthorised act of third parties.

7. Changes to the Privacy Policy

We reserve the right, at our discretion, may make changes, modify, add or remove portion from or to this Privacy Policy from time to time.  We may update this Privacy Policy from time to time without prior individual notice. You should check our website frequently to view recent changes of our Privacy Policy.  The date on which this Policy was last amended is shown at the top of this Policy.  You are responsible for verifying whether the amendment has been made to this Policy.  If you object to any changes we make, you should stop using the Sites, otherwise you consent to these changes by continuing to use the Sites.

8. Updating Your Information

You may request access to your personal information in our records.  If you do so, we may request specific information from in you in order to allow us to confirm your identity and right to access.  Subject to any legal restrictions or rights of refusal, we will inform you of the existence, use and disclosure of personal information relating to you and give you access to that information.

If you have any questions regarding this Privacy Policy, or if you wish to access or change your Personal Data, or withhold from us, you may contact in writing to our email address: dpo@simmons.com.sg.

9. Rights of Third Parties

Notwithstanding the Contracts (Rights of Third Parties) Act 2001 and/or any comparable law in any jurisdiction, this Personal Privacy is personal to and is made solely for the benefit of you and us, and shall not create or give any rights to, or purport to confer any benefits on any third parties whatsoever.  The application of the Contracts (Rights of Third Parties) Act 2001, and/or any comparable law in any jurisdiction, giving to or conferring on third parties, the right to enforce any term of this Personal Privacy, is expressly excluded, and no term of this Personal Privacy is, or is intended to be, enforceable by any person not being a party to it.  The rights of the parties to terminate, rescind or agree any amendment, waiver, variation or settlement under or relating to this Personal Privacy, are not subject to the consent of any third party.

10. Links to Other Web Sites

This site contains link to other web sites (“Linked Sites”).  You should carefully and review any privacy policies on the Linked Sites; we are not responsible for the privacy practices or the content of the Linked Sites.  Please also consider that Simmons has no control over and is not responsible for any other aspect of the Linked Sites.  Simmons’ reference to or use of a Linked Site does not imply Simmons’ recommendation, approval, affiliation, or sponsorship of the Linked Site.  You agree that Simmons shall not be responsible or have any liability, directly or indirectly, for any damage or loss arising or loss arising out of or relating to your interactions with any Linked Site, including without limitation any content, property, goods or services available on any Linked Site.

11. Links to Third Party Sites are not Endorsements

This site contains links to third-party web sites.  The linked sites are under the control of Simmons, and Simmons is not responsible for the contents of any linked site.  Simmons provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Simmons.  Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Simmons cannot ensure that you will be satisfied with their products, services or business practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

12. Change in Control

If we experience a “Change in control” (defined below), we may revise our information practices as described in this Privacy Policy regarding any information you have provided to us through the Site that is then in our control.  These revisions could include additional uses or disclosures of your information, among other revisions.  “Change in control” means any of the following events:

• We undergo a reorganization, merger, consolidation, acquisition or other restructuring all or substantially all of our assets, by operation of law or otherwise;
• We become insolvent;
• We make a general assignment for the benefit of creditors;
• We suffer or permit an appointment of a receiver for our business or assets;
• We become subject to any proceedings under any bankruptcy or insolvency law, whether domestic or foreign; or
• We are liquidated, voluntarily or otherwise.

This privacy policy is drawn in English versions.  In case of any dispute between English language and other foreign language or languages, English language version shall prevail.