I. PROTECTION OF YOUR DATA IS IMPORTANT TO US


bayanihan Technologies, Inc. (“bayanihan”, “bayanihan”, “our”, “us”, or “we”) and its various official partners (“Partners”) are committed to protect and respect your rights to your personal data, in compliance with Republic Act No. 10173 or “the Data Privacy Act of 2012”; Republic Act No. 11332 or the Law on Reporting of Communicable Diseases (“LRCD”); related rules, regulations, and issuances of the National Privacy Commission (“NPC”); and with the adoption of constantly changing commercially acceptable standards for data protection (collectively, the “Law”).


Please read our Privacy Policy to know the “whys”, “whats”, “whens”, “hows”, and “who’s/’re”, among others, of our policy for our community’s data protection.


By accessing, benefitting from, using, and/or giving consent to our varied platforms, whether in print or via our online software systems, directly or indirectly, such as the latest official build of our bayanihan Website (“Website”) and the latest versions of our official mobile application (“App”) (collectively, “Platforms”) and/or through our Services (as described below), you hereby acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, Cookie Policy, Terms & Conditions, and any other documents that are referred in this Privacy Policy. You agree to having your data collected, corrected, transferred, stored, retrieved, used, retained, shared, deconstructed, and/or destroyed in the manner disclosed in our Privacy Notice, this Privacy Policy, and our Terms & Conditions. This Privacy Policy applies to all people and entities accessing our Platforms.


This Privacy Policy (together with our Terms & Conditions, our Cookie Policy, and any other documents referred herein) is designed to help you understand how we collect, use, disclose and/or process the personal data that you have provided to us.


If you do not agree to be bound by all the terms of this Privacy Policy, our Privacy Notice, Cookie Policy, and our Terms & Conditions, please exit and uninstall from your devices our Platforms and do not access, use, and/or receive benefit from any of our Platforms and our collection of Services.


We may, at any time and at our sole discretion, amend, and update this Privacy Policy. You are responsible for, among others, regularly reviewing this Privacy Policy.


II. WHY WE COLLECT DATA


We celebrate, curate, and create our foodie community with you.


You ring it, we bring it! bayanihan wants to build a happy, hearty, and healthy community composed of aspiring cooks, displaced workers, and food lovers like you. The personal information you willingly provide, input, and consent to through your user profiles in our Platforms allows us to facilitate transactions among you, our Partners, entrepreneur chefs, and/or attentive riders for orders, purchases, pick-ups, and/or deliveries; share relevant advertisements, newsletters, promotions, and related updates; spark networking opportunities; propose relevant user information such as trending food fads; enhance the design of our Platforms’ user interface; improve our customer support processes; monitor the safety of our Partners, riders, and customers; prevent fraud and illegal activities; ensure compliance with legal requirements, rules, regulations, and/or orders of duly constituted authorities, agents, and/or institutions of the Philippine national government and local governments; analyze market trends; and provide other necessary, related, and incidental services (collectively, “Services”) which is possible only through the community we collectively build at bayanihan.


We want to personalize your experience with bayanihan.


bayanihan aims to personalize your bayanihan Platforms profile user experience. Analyzing the data you willingly provide to us, such as but not limited to your browsing and purchasing habits in-app, helps us accomplish our aim. When you create a Website or App account, the information that you willingly provide to us allows us to match our collected data to your personal purchasing preferences, needs, and wants. We believe personalized profiles make your bayanihan experiences more convenient, efficient, and enjoyable.


We value the support, security, and safety of our community.


The data that you provide to us allows us to ensure the support, safety, and security of our riders, our various partners, our partner merchants, and our valued customers like you.


Data is used for customer support features such as incident report investigation; monitoring of customer support responses; proper observance of company protocol in resolving business partner/rider/customer-reported issues; and updating concerned persons of positive steps taken by bayanihan to address your concerns.


Security and safety measures include data collection for documenting delivery transactions among busines partners, riders, and customers through audio, photo, and/or video footage or recordings; abnormal trip delivery variations; delays due to weather disturbances, local traffic incidents/accidents, or other emergencies due to force majeure; customer/rider/merchant due diligence checks; preventing, detecting, and cooperating with proper authorities in the prosecution of crimes and offenses; and observance of proper acceptable commercial behavior whether as a bayanihan business partner, rider, or customer.


III. WHAT DATA WE COLLECT


Personal information that you provide us.


Personal information is defined under Philippine law as “any information any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.”


Personal information is defined under Philippine law as “any information any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.”


You provide us with personally identifiable information such as your name, email address, and physical address through various media and/or forms, such as original, notarized, and/or stamped documents in print or copies in accessible, legible, and electronic format, as may be necessary and upon our and/or our Partners’ request. Other personal information that we do not expressly require of you but which you willingly provide to us are collected as well. The information we collect depends on the features, functionalities, products, and Services that you request through our Platforms. Such information, which may or may not include personally identifiable information, includes but are not limited to the following:


  1. 1. Name (First Name, Middle Name, and Last Name);
  2. 2. Personal photographs;
  3. 3. Gender;
  4. 4. Age;
  5. 5. Birthdate;
  6. 6. Email address;
  7. 7. Landline number;
  8. 8. Mobile Number;
  9. 9. Residential address;
  10. 10. Delivery address;
  11. 11. Geolocation;
  12. 12. Ratings (Business partners, riders, and/or customers);
  13. 13. Payment method;
  14. 14. Credit card information;
  15. 15. Debit card information;
  16. 16. Payment gateway account information;
  17. 17. Purchase history;
  18. 18. Device information;
  19. 19. Log Data;
  20. 20. Computer Internet Protocol address (“I.P.”) address;
  21. 21. Browser version;
  22. 22. Visited Websites;
  23. 23. Timestamps of Website Visits;
  24. 24. Pages Viewed;
  25. 25. Page response time;
  26. 26. Bank account information;
  27. 27. Corporate documents, including authorizations such as Board Resolutions;
  28. 28. Valid government-issued identification cards (“IDs”) and details therein; and
  29. 29. Valid government-issued certificates, licenses, and permits and details therein.;

Valuable Feedback.


Your feedback improves our community and our Services. You consent to the collection of personal information whenever you transact with our customer service and support personnel. Such information collected includes but are not limited to your full name, email address, mobile number, residential address, orders made, and account numbers. Please tell us what we can do to improve our Services.


Cookies


A cookie, according to Merriam-Webster, is “a small file or part of a file stored on a World Wide Web user's computer, created, and subsequently read by a website server, and containing personal information (such as a user identification code, customized preferences, or a record of pages visited)”. Our policy on cookies is more comprehensively discussed below.


IV. COOKIE POLICY


This Cookie Policy describes what cookies are and how the website operator (“bayanihan”, “bayanihan” “we”, “us” or “our”) uses them in the bayanihan’s Platforms and how it affects its content or services.


This Cookie Policy provides the types of cookies we use, the information we collect and how the information is used. Our Cookie Policy is part of our Privacy Policy. By accessing and / or using the bayanihan’s Platforms, you agree with the use of cookie as described in this Cookie Policy. If you choose to use the bayanihan’s Platforms without blocking or deactivating the cookie or choosing other technologies to avoid the cookie, you agree to the use thereof and to the collection of personal data in accordance with this Cookie Policy and our other privacy policies.


What is a Cookie?


A cookie, according to Merriam-Webster, is “a small file or part of a file stored on a World Wide Web user's computer, created, and subsequently read by a website server, and containing personal information (such as a user identification code, customized preferences, or a record of pages visited)”.


Cookies are a small piece of information (including but not limited to small text files) that can be transferred by the web server and/or stored in a web browser, computer hard drive, cellular phone, tablet, other personal communication devices, applications or web tool (“Device”). Small graphic images such as “pixel tags” or “clear GIFs”, or small computer files, computer programs, and similar technologies that store information on your Device or collect information or help us to identify you, your account or Device can also be included on our bayanihan Platforms. Cookies are widely used to remember you and your preferences, either for a single visit or multiple repeat visits.


Why do we use Cookies?


When you visit bayanihan’s Platforms, your “cookies” are used to customize, enhance, and optimize your browsing, user, and overall experiences. Some cookies are also stored in the bayanihan’s Platforms since they provide various functions and facilitate certain features, such as storage of certain information that can be retrieved by the web server which can make the internet surfing experience more comfortable and useful for all users.


Anyone who uses multiple accounts or devices (including computers with different browsers) has several sets of cookies. In addition, cookies do not distinguish between several users who share the same user or device account. If more than one browser is used on a computer, each usually has a separate cookie store. Cookie can have no expiration date and can remain stored on your device for months.


Cookies cannot be used to get data from your hard drive, retrieve e-mail addresses or steal sensitive or personal information about you. The only way you can make any personal information part of your cookie file is if your device provides that information to a web server.


For more information about cookies, see www.aboutcookies.org, or www.allaboutcookies.org. You can also refer to our Privacy Policy which explains how we protect your privacy in the use of information and data about you.


While the cookies that we use may change from time to time as we improve and update our bayanihan’s Platforms, we use cookies for the following purposes:


What Types of Cookies do we Use?


If you want to know more about certain Cookies that we use, please refer to the information below:


  1. a. Strictly Necessary Cookies

  2. This cookie is important for the feasibility of operating our bayanihan’s Platforms. This cookie allows you to move around our bayanihan’s Platforms and the bayanihan’s Platforms' features such as remembering previous actions when navigating back to a page in the same session. Cookie allows you to access parts of our bayanihan’s Platforms which are restricted to registered users. Without this cookie, you cannot enter or return to the bayanihan’s Platforms or move through various parts without having to continuously identify yourself by sending back your data (for example, an encrypted username or customer identification number). This cookie also helps us to protect the security of your account by notifying us when several people log in from the same device or account.

  3. b. Functionality Cookies

  4. This cookie is used in our bayanihan’s Platforms administration to:

  5. 1. Allow us to improve the user experience by enabling us to personalize our content for you, greet you by name, remember your preferences (for example, choice of language or region) and the type of information that you are interested in receiving when you visit certain sites (for example , if you choose the option “remember me on this computer”); and

  6. 2. Allows us to remember your related information during your current visit, and any future visits when you register with us or fill out our online form, provided that the cookie is not temporarily deleted.

  7. c. Targeting / Advertising Cookie

  8. This cookie records your visit to the bayanihan’s Platforms and our content that you have visited and the links that you have followed. We will use this information to interpret or conclude what interests you, display advertisements that are relevant to your interests, and build your profile and customize information about you. based on indicated preferences, other information we have about you as a user, and information available from external sources.

  9. d. Analytical/Performance Cookies

  10. This cookie allows us to collect statistical data for analysis to ensure that our bayanihan’s Platforms is functioning properly. It allows us to identify bayanihan’s Platforms’ errors or poor performance in terms of navigation and usability. It also helps us evaluate the effectiveness of our marketing efforts. The information we compile includes but is not limited to:

    1. i. the domain name and country of origin of the internet service provider;
    2. ii. the volume of traffic of our site or web pages viewed;
    3. iii. patterns of use of our bayanihan’s Platforms;
    4. iv. address of sites visited before and after visiting our bayanihan’s Platforms;
    5. v. referral page information to track the success of our marketing efforts in attracting people to our bayanihan’s Platforms;
    6. vi. user responses to various advertising campaigns and user activities;
    7. vii. “click stream” activities or the paths taken by visitors in a site as they navigate from one page to another, how the users move around our Website and the files that are downloaded;
    8. viii. transactional attributes in accordance with the information you have voluntarily provided while using our bayanihan’s Platforms;
    9. ix. and over-all bayanihan’s Platforms’ performance.

How to Avoid and/or Deactivate Cookies?


You can decide on how your device will accept, limit or block cookies by configuring your preferences or choices through your web browser settings. In addition, you can also configure multiple devices to notify you when a cookie is being placed and thereafter decide whether you will accept the cookie. You can also request to activate “private browsing”, a function offered by most web browsers. Even though private browsing does not totally block cookies, this will allow you to delete all cookies specific to the browser and device every time you close the browser or activate private browsing on that particular device. Some applications or web tools (e.g., Flash Cookie) allow you to restrict or block cookies in different ways or through different processes.


Your device, application or web tool can or cannot include one or all of the above functions to allow you to set cookies. For more information about whether the function is available and how the functionality works, visit the help menu on your device, application or web tools. Functionality on your device, application or web tools can be set through a different interface than the one provided by your web browser.


If you only browse our bayanihan’s Platforms and you are not a registered user, you may still be able to use the bayanihan’s Platforms without agreeing to our cookie. However, limiting or blocking cookie can affect the usability of the bayanihan’s Platforms. For example, you might not be allowed to watch videos or view other bayanihan’s Platforms contents.


You may choose to change the settings of your online browsers to prohibit, restrict, or at least notify you of cookie collection. We inform you that disabling collection of cookies may affect or completely disable some features or portions of our Platforms or prevent us from performing our Services.


V. WHAT WE DO NOT COLLECT


We do not collect more than what is necessary.


The only personal information and sensitive personal information, if any, that we collect comes from you. We collect only the minimum amount and kind of information necessary to deliver our Services and our Partners’ products to your doorstep.


VI. WHEN AND HOW WE COLLECT DATA


We collect your personal information only when you voluntarily provide it to us. These instances include but are not limited to:


  1. 1. Account profile creation;
  2. 2. Account profile identity verification;
  3. 3. Information verification and authentication;
  4. 4. Customer service support interaction;
  5. 5. Social media platform or through related Platforms;
  6. 6. Contest, event, raffle, or survey participation;
  7. 7. Order fulfillment process;
  8. 8. Order delivery process;
  9. 9. Order payment process;
  10. 10. Rider income remittance to personal bank accounts;
  11. 11. Transfer of funds from ewallets to Partners, riders, or customers; and
  12. 12. Refund and/or Product review procedures

In each instance of collection of personal information, we ask for the minimum information necessary to ensure proper delivery of our Services and collect it only once you have expressed your consent. Completion and/or use of our Services manifests your complete agreement with our Privacy Policy, Cookie Policy, Terms & Conditions, and grant of consent to data collection.


VII. HOW LONG WE RETAIN DATA


All information provided to us may be stored, processed, and/or accessed by us, for the purposes consistent with this Privacy Policy, and such other lawful purposes consistent with our Terms and Conditions, and the Law.


You agree that our Platforms retain your information for as long as you maintain a user account with us. Upon account deletion at your discretion, you agree that all collected data remains in our databases for a limited archiving period of six (6) months from account deletion. Unless you request us to immediately delete your personal information in our databases, we will apply the limited archiving period for purposes of allowing ease of account recovery should you wish to reactivate your account and use our Services within the said archiving period.


If we have no ongoing legitimate business need to process your personal information and upon the expiry of the above archiving period, we will either irreversibly delete or anonymize such information.


We may also retain your information as long as your email is subscribed to our newsletters, promotional materials, advertisements, etc. You understand that you may opt out from these communications from us at any time. Moreover, we may retain your information when required by Law.


You understand that you are, at any time, free to unsubscribe from our newsletters, delete your profile, uninstall our Platforms from your devices, and/or submit an official request for deletion of your data, subject to this Privacy Policy. Should you wish to have your Personal Information deleted and destroyed or you wish to withdraw your consent in the processing of your personal information, you may do so by contacting us.


VIII. WHO WE SHARE THE DATA WITH


bayanihan acknowledges its role and responsibilities as a personal information controller (“PIC”) under the Law, subject to the provisions of this Privacy Policy and contractual arrangements with its various business partners, riders, and customers. Due to the inherent software engineering design of its Platforms, bayanihan has little to no role in the actual processing of personal information for and on behalf of its various business partners, riders, and/or customers. Instead, bayanihan responsibly ensures the proper professional handling of personal data through its personal information processor/s (“PIP/s”), as may be necessary. In this regard, you acknowledge the limited liability of bayanihan, its Board of Directors, officers, and/or employees emanating from said software design, business arrangement, and your own warranties under this Privacy Policy.


Knowing such arrangements and continuing to access, browse, use, and/benefit from our Platforms and/or Services, you agree that all collected information is, may, and/or will be necessarily shared with our PIP/s, Partners, riders, and/or the duly constituted authorities, agents, and/or institutions of the Philippine government, whether national or local, for legitimate purposes as disclosed in this Privacy Policy, Cookie Policy, Terms and Conditions, and other corporate documents and as required by Law. Said information is shared for, among others, the proper storage of information; processing and delivery of your orders and/or purchases; and improvement of the bayanihan Platforms. You also agree that we may also share the information which you provide to us to your chosen third-party entity payment facilities.


We shall take reasonable measures to protect the data from breach of the agreement or any part thereof or from unauthorized and unlawful disclosure to other parties.


In our data sharing activities, the following shall be observed:



IX. HOW WE ENSURE FURTHER DATA PROTECTION


bayanihan’s Platforms, such as its Website, App, and other systems operate with confidentiality controls, safety features, and security measures such as but not limited to secure cloud infrastructure storage, industry-standard data encryption, anonymization/pseudonymization processes, and onsite physical data storage facilities. We constantly update, optimize, and improve our Platforms to protect your personal data. Those with the ability to access personal information provided by you are only a select few authorized personnel, following strict data privacy protocols.


You agree with our data protection approach and that no electronic method of data transmission or other forms of personal data handling is one hundred percent (100%) secure. Hence, you understand that while we strive to use the best commercially acceptable means for your data protection as embodied in this Privacy Policy, you understand that bayanihan, its Directors, officers, and/or employees, including its various Partners, cannot guarantee its absolute security. You thus agree that, insofar as you are concerned, bayanihan’s compliance with data privacy law is met by its observance of the Law, subject to this Privacy Policy.


You acknowledge that you — whether as guest user, mere browser, beneficiary of our Services and/or Platforms — are free to unsubscribe from our newsletters, delete your accounts, and formally request for the deletion of your personal data subject to the provisions of this Privacy Policy and our Terms and Conditions.


Deletion of personal data shall be honored within reasonable time from request and as long as it will not compromise, damage, injure, or make inefficient the entirety, integrity, confidentiality, and security of bayanihan’s and/or its Partners’ collected data, Platforms, and/or Services within such reasonable time from the time of complete correspondence.


We also acknowledge our users’ rights as data subjects under the Law, and will endeavor to address concerns, complaints, and other grievances by responding within reasonable time of receipt thereof.


X. YOUR DATA PRIVACY RIGHTS


Under the Law, you are entitled to the following data privacy rights:


  1. 1. the right to be informed whether your Personal Information shall be, are being, or have been processed;

  2. 2. the right to object to the processing of your Personal Information;

  3. 3. the right to reasonably access your Personal Information;

  4. 4. the right to dispute the inaccuracy or error in your Personal Information and have us correct it immediately and accordingly;

  5. 5. the right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Information from our records;

  6. 6. the right to file a complaint with the NPC for any violation of your data privacy rights;

  7. 7. the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Information not in accordance with this Statement;

  8. 8. and the right to data portability of your Personal Information.

In respecting your data privacy rights, you may opt to tell us:


  1. 1. not to share your information with our subsidiaries and affiliates or with other companies that we have business with provided that such information is not critical nor required by applicable laws and regulations in maintaining the Services that you have availed with us;

  2. 2. to provide you with information that we currently have about you subject to restrictions applied to us as a company operating in the Philippines by certain laws and regulations;

  3. 3. to update your Personal Information; and

  4. 4. about your other concerns relating to how we collect, use, share, protect or dispose your information.

XI. YOUR PART IN PROTECTING YOUR DATA


You agree that you too play a part in ensuring your personal data and the data of others are protected. By accessing our Platforms and/or using our Services, you declare, represent, and warrant that:



XII. REASONABLE TIME FOR OUR RESPONSE AND LAWFUL INTERRUPTION THEREOF BY FORCE MAJEURE.


You agree with our terms for response within reasonable time; lawful interruption thereof; and force majeure in relation to your exercise of your data privacy rights.


We shall exert our best efforts to address your concerns, complaints, or grievances shall be examined with care, professionalism, and within reasonable time from our receipt of your complete correspondence with us.


Such reasonable time depends on the circumstances of said concern, complaint, or grievance, and shall be deemed lawfully interrupted by certain events beyond the control of any party herein such as but not limited to: acts of God such as natural calamities, typhoons, tornado, volcanic eruption; acts of political instability such as revolution, civil war, insurrection, civil disobedience, riot, terrorism, economic sabotage; threat of spread of mandatorily reportable communicable and infectious diseases such as but not limited to COVID-19, government declaration of public health emergency measures such as national and/or local quarantines and/or other management/employee restrictions; acts of authorities whether lawful or unlawful; prolonged suspension or unavailability of public transportation, telecommunication, and electric utilities; and other force majeure events (“Force Majeure Event”).


XIII. CONTACT US


Should you have any questions about our Privacy Policy, please contact us through:


DATA PROTECTION OFFICER

bayanihan TECHNOLOGIES INC.

dpo@bayanihan.ph (Attention to Ranvel Rufino).


Any information you provide to us in this manner shall be deemed, unless otherwise expressly requested, non-confidential. You agree that we are free to use such non-confidential information on an unrestricted basis.


XIV. CHANGES TO OUR PRIVACY POLICY


This Privacy Policy is effective as of August 2020 and will remain in effect unless its provisions are changed in the future. Such modified version will be in effect immediately after posting on this page dedicated for the Privacy Policy.


We reserve the right to correct, change, modify, or update our Privacy Policy, without your consent and at any time pursuant to our commitment in adopting the constantly changing commercially acceptable data protection practices and in compliance with Philippine Data Privacy law.


You are responsible for regularly reviewing this Privacy Policy. Any such amendments, modifications and/or updates will be effective immediately upon posting on the Platform. Your continued access or use of the Platform after the posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Privacy Policy, as amended; provided, that when certain changes require your consent, we shall communicate the changes to you and ask for your consent.


Any such amendments, modifications and/or updates will be effective immediately upon posting on our Platforms. Your continued access, benefit from, and/or use of our Platforms and/or Services after the posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Privacy Policy, as amended; provided, that when certain changes require your consent, we shall communicate the changes to you and ask for your consent.