WEBSITE TERMS OF USE

Privacy Policy & Website Terms of Use

General

This document sets out the terms (“Terms”) of use of dmsgovernance.com/ and any sub-domain or sub-portal (the “Website”).  The Website is owned by DMS Governance Ltd.  Users of the Website (“Users”) shall be deemed to have read, understood, accepted and agreed to be bound by these Terms.  References to DMS throughout these Terms shall be deemed to include DMS Governance Ltd and each of its affiliated companies (“Affiliates”, together “DMS”), who shall be entitled to enforce all rights and benefits under these Terms.

These Terms shall be governed by and interpreted in accordance with the laws of the Cayman Islands and a User’s use of this website is an acknowledgement by that User that he or she shall submit to the exclusive jurisdiction of the Cayman Islands courts.  However, a User’s use of this Website may also be subject to the applicable laws and regulations of the User’s jurisdiction.

These Terms cover all use of this Website.  All products and services provided by DMS and its Affiliates have their own terms and conditions, which may be outlined in agreements between DMS and the User (“Product Terms”), DMS’ online services terms (“Online Services Terms”) and DMS’ General Terms of Business (“General Terms”).  Users who are clients of DMS must read these Terms in conjunction with any specific Product Terms, Online Services Terms and the General Terms.  To the extent that General Terms, Product Terms or Online Services Terms conflict with these Terms, the General Terms, Product Terms or Online Services Terms will prevail.

DMS reserves the right to make changes to the Website and these Terms, including the privacy statement, at any time and encourages Users to periodically review this page for changes.  A User’s continued use of the Website after any change in these Terms will constitute acceptance of such change.  In the event that any term or condition is deemed invalid, the enforceability of the remaining provisions of these Terms shall not be affected.

Disclaimer

The information (including products and services listed) on this Website is intended for general information purposes only. It does not constitute an offer to sell or a solicitation, a recommendation or offer to buy any securities or financial instruments, or investment advice, or recommendation or advice in respect of any such securities or other financial instrument or otherwise.  Should a User seek to rely on the Content of this Website, he or she does so entirely at his or her own risk.  Before a User makes any decision or takes any action that affects them, or their personal finances or business, they should always consult a suitably qualified professional advisor to obtain appropriate financial, legal, accounting, tax and other advice.

The information provided on this Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Website should not be considered as communicating any invitation or inducement to engage in banking or investment activity or any offer to buy or sell any securities or other instruments outside authorised countries, which are any jurisdictions where DMS is licensed or authorised to perform such activities.

Products discussed on this Website may not have been registered or authorised by any central bank, governmental or regulatory authority in the country of the User’s residence. Accordingly, Users may not have the benefit of protection from the relevant securities, banking or other laws and regulations of their country of residence with respect to products or services referred to on or through this Website.

No representation is given that any securities, products, or services discussed in or accessible through this Website are suitable for any User or any particular person. The User acknowledges that their use of this Website and any requests for information made as a result of visiting this Website are not the result of an offer made by DMS or any of its Affiliates and that the provision of any information through this Website shall not constitute or be considered to be investment, financial or other advice.

No Warranties

The following clauses exclude or limit DMS’ legal liability for the Website and Users should therefore read them carefully. These limitations apply only as far as the law permits, and in particular DMS does not exclude or restrict its duties and liabilities to any User under relevant laws.

Though DMS endeavours to ensure the information on this Website or in any publication is correct at the time of publication, any and all liability which may arise from the access or use of the Website or reliance on its contents is excluded.  Information is provided on an “as is”, “as available” basis and DMS does not give or make any warranty or representation whatsoever, whether express or implied. The use of the Website is at the User’s sole risk and DMS shall have no liability for any loss or damage whatsoever and howsoever arising as a result of any User’s use of or reliance upon the contents to the maximum extent permitted by law.

DB&T does not represent or warrant that the Website will be available and meet any User’s requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other destructive properties will be transmitted or that no damage will occur to the User’s computer system.   The User has sole responsibility for protection and back up of data and equipment and for undertaking reasonable precautions to scan for computer viruses or other destructive properties.

Third Party Websites

This Website may from time to time contain links to other sites on the Internet that are owned and operated by third parties and these are provided for information purposes only.  Users of this Website acknowledge that DMS has no responsibility whatsoever for the operation of or content located on or through any such third party site.  Following links to any other websites or pages shall be at the User’s risk and DMS shall have no liability for any damages or in other way in connection with linking.

DMS has not verified the content of any such websites. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on the Website.   When a User accesses or links to any other website, they should read the privacy and data protection statements or agreements issued by such other website to determine the policies that apply to information or data maintained by that website.

Links to downloadable software sites are provided for convenience only and DMS shall have no liability for any difficulties in or consequences of downloading.  Use of any downloaded software is governed by the terms of any license agreement which is provided with the software.  DMS makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.

For the avoidance of doubt DMS shall have no liability whatsoever for the actions of any third party.

Copyright

Unless otherwise specified all materials appearing on this Website including the text, site design, logos, graphics, icons and images as well as the selection, assembly and arrangement thereof (the “Contents”) are the sole property of DMS, its Affiliates and any third party website owner.  The Contents are protected by copyright.  DMS gives its consent to Users reading the Contents and making copies for their own personal use.  To make any other use of the Contents (including without limitation linking to or reproduction, storage, re-distribution of and incorporation into other materials or web pages) Users must receive DMS’s prior consent. Any unauthorised use of the Contents may violate copyright, trademark and other intellectual property laws and could result in penalties.

Privacy Policy

DMS respects its Users’ privacy and is committed to protecting any personal information that Users provide to DMS via the Website.  For the avoidance of doubt, by using this Website, and separately when it agrees to any Product Terms or Online Services Terms or the General Terms, the User hereby acknowledges and permits the transmission of data throughout the DMS group, and to any affiliates, agents and third party service providers in accordance with the below terms.

Use of Personal Data

Users are not required to provide any personal information to access public areas of our website.  However, DMS collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. DMS’ purpose in collecting non-personally identifying information is to better understand how DMS’ visitors use the Website. From time to time, DMS may release non-personally-identifying information in the aggregate.  DMS may also collect potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on blog posts. DMS only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

When a User contacts DMS or uses online services they may provide certain personal details including but not limited to their name, email address, address and phone number.  Personally identifiable information will only be collected from Users who voluntarily provide such information and DMS will only collect information that it believes to be relevant and required to understand the customer’s needs and to conduct DMS’ business.  In the event that a User enters into an agreement for products or services with DMS, more information may be collected in order for DMS to comply with its regulatory and legal obligations and to comply with its obligations under Product Terms, Online Services Terms or General Terms.

If a User communicates with DMS via the “contact us” form, DMS may add the information provided by the User and any additional information that is publically available to DMS’ contact database.  From time to time DMS may ask Users by email to review their contact details and mailing list preferences and update them as necessary, allowing DMS to keep the contact information up-to-date and send only information that the User has requested and/or is relevant to the User.

When a User sends DMS personal information DMS and its affiliates may use that information to: provide the User with a more tailored and effective customer service; personalise the User’s Website experience; comply with DMS’ legal obligations to any relevant competent authorities or regulators; carry out its obligations arising from any contracts entered into between the User and DMS; keep the User informed about DMS’ latest products and services; ensure that content from the DMS Website is presented in the most effective manner; provide subscription content; and notify the User of any changes to our terms and conditions.  If a User sends DMS a copy of their resume or curriculum vitae, DMS will use the information contained in that document to match the User with any relevant opportunity that may arise with DMS or an affiliate and assess the application.

DMS does not retain any more of the User’s personal information than it believe is necessary for any of these purposes and does not retain personal information for any longer than is reasonably necessary to do so.  If at any time a User no longer wishes to receive marketing information from DMS they may unsubscribe by emailing [email protected]sgovernance.com.

Disclosure of Personal Data

DMS may disclose a User’s personal information: to any employee, agent or member of DMS and their affiliates, or to any third parties with whom the User has expressly or impliedly authorised DMS to disclose their information; if DMS is under a duty to disclose or share the User’s personal data to any competent authority or regulator; to comply with any legal obligation; to enforce or apply these Terms, the Online Services Terms, Purchase Terms, General Terms and other agreements; to protect the rights, property, or safety of DMS, its customers, suppliers or others (this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction); in the event that DMS sells or buys any business or assets, in which case DMS may disclose a User’s personal data to the prospective seller or buyer of such business or assets; or if DMS or substantially all of its assets are acquired by a third party.

Cookies and IP Addresses

Our Website may use cookies to distinguish a User from other users of the Website.  This helps DMS to keep track of a User’s current browsing session.  This provides Users with a personalised experience when browsing the Website and also allows DMS to improve the Website.  DMS may collect information about a User’s computer, including where available the User’s IP address, operating system and browser type, for system administration. This is statistical data about DMS’ Users’ browsing actions and patterns, and does not identify any individual.  The Website may contain links to and from the websites of DMS’ partner networks, advertisers and affiliates. Users following links to any of these websites should note that these websites have their own privacy policies and that DMS does not accept any responsibility or liability for these policies or use of these websites.  Users should check these policies before submitting any personal data to these websites.

Transmission of Data

DMS secure servers protect its Users’ information using advanced encryption techniques and firewall technology to prevent unauthorised access.  Unfortunately, no transmission of information via the internet is completely secure and DMS cannot guarantee the security of data transmitted to our site.  Any transmission is at the User’s own risk and DMS and its affiliates disclaim any liability arising out of a security breach or malfunction of its security technologies and procedures.

Transfer of Personal Data

DMS reserves the right and by using the Website the User authorizes DMS to generate, obtain, transfer, store and use information that is provided to DMS which is personal data or that is information relating to the User, and, where relevant, the User’s business and its principals, affiliates, shareholders and directors, officers, employees and agents, whether confidential or not, either in original format, on DMS’ servers or by third party service providers (including but not limited to on external cloud storage or on external data servers) on DMS’ behalf, within or outside the Cayman Islands, including jurisdictions that may not have the data protection laws in place that are of a similar standard to those in the Cayman Islands.  The User explicitly agrees that DMS may store, process and transfer such data in and out of any such jurisdictions.  The User additionally acknowledges that DMS may be obliged to retain data for a period of time and expressly consents to such retention.

User Rights

A User has the right to apply for a copy of the information DMS holds about the User (for which DMS may charge a small administration fee) and to have any inaccurate information about the User corrected.

A User has the right to ask DMS not to process their personal data for marketing purposes by emailing [email protected]sgovernance.com.  Users may complain to the relevant Data Protection authority with jurisdiction over the processing of your personal data.

If a User would like DMS to update or correct his or her personal information, requires details of the personal information relating to them which is retained by DMS, or has any questions regarding these Terms, they should email DMS at [email protected]sgovernance.com and DMS will be happy to deal with any reasonable request.