WHEREAS, Company operates a website or application (collectively referred to as “Platform”) that collects and processes personal information from its users/clients; and
WHEREAS, User/Client desires to access and use the Platform and understands that the Company will collect, use, and disclose their personal information;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the parties agree as follows:
SECTION 1. Definitions
1. “Personal Information” shall mean any information that identifies or can be used to identify an individual, directly or indirectly, whether or not publicly available.
2. “Processing” shall mean any operation performed on Personal Information, including, but not limited to, access, collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, combination, restriction, erasure, or destruction.
SECTION 2. Collection and Use of Personal Information
2. User/Client acknowledges and agrees that the Company may use their Personal Information for purposes such as improving the Platform’s functionality, personalizing their experience, providing customer support, fulfilling requests, communicating important updates, marketing and promotional activities, and complying with legal obligations.
3. User/Client further acknowledges that as part of Company’s process in improving the Platform’s functionality, research, marketing and promotions, it uses Google Analytics or other third-party tools which may collect, track, and report data and website traffic from websites and apps of User/Client.
SECTION 3. User/Client Responsibilities
1. User/Client shall provide accurate and up-to-date Personal Information to the Company and shall promptly notify the Company of any changes or updates.
SECTION 4 Data Security
1. The Company shall implement reasonable measures to protect the Personal Information collected from unauthorized access, monitoring or surveillance, use, mis-use, disclosure, alteration, destruction, unsolicited commercial communications, or any Computer-related Fraud or Identify Theft, as defined under the law.
2. User/Client acknowledges that despite the Company’s best efforts, no method of data transmission or storage can be guaranteed to be 100% secure and agrees that they provide their Personal Information at their own risk.
SECTION 6. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Philippines. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the regular courts of Makati City, Philippines.
SECTION 7. Arbitration Clause
Arbitration proceedings shall be conducted and arbitrators shall be appointed in accordance with the applicable arbitration laws in the Philippines.
SECTION 8. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.