PRIVACY POLICY

 

This Privacy Policy is made to protect and maintain the privacy and confidentiality of the Personal Information, as defined below, of Platform Users. Users are expected to read this Privacy Policy carefully before providing any Personal Information to Us.

 

 

This Privacy Policy does not apply to any other websites or mobile applications which are not operated by Us that You may access via the Platform. Such services are governed by the privacy policies appearing on those sites and applications.

 

ARTICLE 1

DEFINITION

 

Other than stipulated in this Privacy Policy, the following terms shall have the definition, meanings, and interpretation as stipulated below:

 

Personal Data Law means or R.A. No. 10173 also known as the Data Privacy Act of 2012. 

 

Personal Informationor “Personal Data” means Personal information refers to 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. These may inlcude:

 

·         Information to identify you (e.g. first name, surname, government issued ID, facial image, birthday, marital status, nationality, gender)

·         Contact Information (e.g. mobile number, email, address, emergency contacts)

·         Employment Information (e.g. Employer name and address, business contact number, job industry, job position, job employment date, and monthly income)

·         Bank Information (e.g. Bank name, bank account number)

·         Mobile Device Information (e.g. phone settings, phone device information, mobile device location, contact list, web history, device accounts, media information, calendar information, storage information, call log information)

·         Web information (cookies, forms, location, IP address);

·         Information gathered from communicating with us (e.g. chat conversations with Atome via in-app chat, emails, phone, or other available channels)

·         Third Party Data (e.g. information provided by partners for identity and credit verification, external collections)

·         Any information requested by Us and/or provided from You through the Platform

·         Any other information or data as may be required by Us

 

Platformany websites (including any subdomains thereof), mobile applications and application program interfaces developed, maintained and operated by Us to facilitate the provision of the Services.

 

Services means the provision of services by Us to You in which You may use and is granted access to the Platform and any of its features and products for the purpose of performing a transaction via the Platform.

 

User or Users (as the context may require) means a party that uses Our Platform and/or Services, including but not limited to merchants and/or marketplace, potential borrowers, or other parties which has access to the Platform and/or Services. Throughout this Privacy Policy, the User may be referred as “You/Your” (as the context may require).

 

We or Us or “Our” (as the context may require) means Apaylater Philippines Inc., a company that is organized and existing under the laws of the Philippines, which operates and manages the Platform to access the Services.

 

 

ARTICLE 2

RECITALS

 

2.1         By accessing the Platform and/or providing Personal Information to Us, You acknowledge and agree that you have read and understood this Privacy Policy, and consents to the collection, use, processing, retention, and disclosure of your Personal Information as described in this Privacy Policy.

 

2.2         Without prejudice to any of the foregoing, if you provide the Personal Information of any other third party to us, you warrant and agree that such third party has fully read and understood this Privacy Policy, and has consented to your disclosing his/her Personal Information to us for the collection, use and disclosure by us as described in this Privacy Policy.

 

ARTICLE 3

PERSONAL INFORMATION

 

COLLECTION OF PERSONAL INFORMATION

 

3.1         We collect information about You when you use our website(s), website/IT portal(s)/mobile application(s), forms, surveys, and/or other channels and throughout other interactions, communications and services you have with Us.

 

3.2         Personal Information we may collect include but are not limited to:

 

a.     Information to identify you (e.g. first name, surname, government issued ID, facial image, birthday, civil status, nationality, gender)

b.     Contact Information (e.g. mobile number, home phone number, email, address, emergency contacts)

c.     Employment Information (e.g. Employer name and address, business contact number, job industry, job position, job employment date, and monthly income)

d.     Bank Information (e.g. Bank name, bank account number);

e.     Other information collected may include proof of income and financial details, photographs, videos and/or audio recordings collected from us through online (websites, emails, apps, etc.) or offline platforms (events, surveys, phone calls, etc).

 

3.3       We may collect and store certain information automatically when you visit our website(s) or use our website(s)/IT portal(s)/mobile application(s). Examples include the internet protocol (IP) address used to connect your computer or device to the Internet, connection information such as browser type and version, your operating system and platform, a unique reference number linked to the data you enter on our system, login details, the full URL clickstream to, through and from the website(s) or website/IT portal(s)/mobile application(s) (including date and time), cookie identifier and your activity on our website(s) or website/IT portal(s)/mobile application(s), including the pages you visited, the searches you made and, if relevant, the services you purchased.

 

3.4      We may receive information about you from third parties if you use any websites or social media platforms operated by third parties (for example, Facebook, Instagram, Twitter, etc.) and, if such functionality is available, you have chosen to link your profile on our website(s) or website/IT portal(s)/mobile application(s) with your profile on those other websites or social media platforms.

 

USE OF PERSONAL INFORMATION

 

3.5    You hereby consent to Us collecting, obtaining, storing, using and processing Your Personal Information, including for the following purposes:

 

(a)       To consider and/or process your application to be our customer/user and/or to process your account with us;

 

(b)       To facilitate, process, deal with and/or administer your account with us;

 

(c)       For the supply of any goods and/or services which we may offer to you or that you may request, obtain or purchase from us;

 

(d)       To deal with, process and/or administer your use of the online services at any of our website(s), website/IT portal(s)/mobile application(s) and/or through other digital or telecommunication channels;

 

(e)       For identification and verification purposes in connection with any of the goods and/or services that may be supplied to you by us or that you may request from us;

 

(f)         To carry out your instructions, respond to any enquiry or deal with any feedback given by (or purported to be given by) you or on your behalf, including contacting you via phone/voice call, text message and/or fax, email and/or postal mail regarding your instructions, enquiries and/or feedback;

 

(g)       To conduct research, analysis and development activities (including but not limited to data analytics, surveys, focus groups and/or profiling) to improve our services and facilities for your benefit, or to improve any of our marketing programmes or events;

 

(h)       To deal with, process and/or administer marketing campaigns conducted by us or on our behalf which you have consented to participate in;

 

(i)         To contact you or communicate with you via various modes of communication such as phone/voice call, text message and/or fax message, forms, email and/or postal mail for the purposes of administering, dealing with and/or managing your account with us. You acknowledge and agree that such communication by us could be by way of the mailing of correspondence, documents or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages;

 

(j)         To carry out due diligence or other screening activities (including security and background checks) in accordance with legal or regulatory obligations or our risk management procedures that may be required by law or that may have been put in place by us;

 

(k)       To prevent or investigate any fraud, unlawful activity or omission or misconduct, whether or not there is any suspicion of the aforementioned; dealing with and/or investigating complaints;

 

(l)         To comply with or as required by any applicable law, governmental or regulatory requirements of any jurisdiction applicable to us or our affiliates/associated companies, including meeting the requirements to make disclosure under the requirements of any law binding on us or our affiliates/associated companies, and/or for the purposes of any guidelines issued by regulatory or other authorities (whether of the Philippines or elsewhere), with which we or our affiliates/associated companies are expected to comply;

 

(m)      To comply with or as required by any request or direction of any governmental authority;

 

(n)       For marketing purposes with your consent where we send you news, information, materials and/or updates about events, marketing campaigns, products and/or services that we and/or our business partners provide, or on our behalf;

 

(o)       To facilitate and/or deal with payment for goods and/or services provided by us or our affiliates, and/or a third party on our behalf including verification of credit card details with third parties and additionally, using the Personal Information you provide to conduct matching procedures against databases of known fraudulent transactions (maintained by us or third parties);

 

(p)       To deal with, handle and/or conduct disciplinary, security and quality assurance processes, matters and/or arrangements;

 

(q)       To perform internal administrative, operational and technology tasks to facilitate, administer or manage your account with us;

 

(r)        To produce statistics and research for internal and/or statutory reporting and/or record-keeping requirements and performing our policy/process reviews;

 

(s)       To disclose to a third party to comply with any law, legal requirements, orders, directions or requests from any court, authority or government body of any jurisdiction, which may be within or outside the Philippines;

 

(t)         To help us improve our services to you; and/or

 

(u)       To store, host, back up (whether for disaster recovery or otherwise) of your personal data, whether within or outside the Philippines.

 

3.6    We may/will need to disclose your personal data to third parties, including banks, payment service providers and/or other payment gateways, whether located within or outside the Philippines, for any of the above purposes. In this regard, you hereby acknowledge, agree and consent that we may/are permitted to disclose your personal data to such third parties (whether located within or outside the Philippines) for any of the above purposes and for the said third parties to subsequently collect, use, disclose and/or process your personal data for any of the above purposes. Without limiting the generality of the foregoing, such third parties include:

 

(a)       our associated/affiliated entities or related corporations, including any entity within our group of companies;

 

(b)       any of our collaborative partners, agents, contractors or third party service providers that process or will be processing your personal data on our behalf including but not limited to those which provide administrative or other services to us such as courier companies, telecommunication companies, information technology companies, and data centres; and

 

(c)       third parties to whom disclosure by us is for any of the purposes and such third parties would in turn be collecting and processing your personal data for any of the purposes.

 

3.7    We can disclose Your Personal Information without obtaining your express consent, where:

 

(a)         it is required by laws, rules and regulations;

 

(b)         there is an ongoing or future legal proceeding taking place;

 

(c)         there is any actual or suspended breach of the prevailing laws including but not limited to fraud or money laundering crimes;

 

(d)         it is required by the authorized government agencies;

 

(e)         required by permitted third parties, including academic institutions for analytics and research purposes, or

 

(f)           we have already obtained written consent from You in accordance with this Privacy Policy or otherwise.

 

3.8    If You provide Us with false and inaccurate information, or We reasonably suspect that there is any fraud, We may record this matter in Your credit history and share that information with the appropriate legal entity or authorities and/or fraud prevention agencies.

 

PERSONAL INFORMATION STORAGE

 

3.9    All Personal Information that You provide and/or that We receive in accordance with this Privacy Policy is stored outside the territory of the Philippines and is protected with enough security and data protection standard to ensure that protecting your personal data complies with the applicable law and data protection requirements of the Philippines. Sharing of your information to any of the parties to whom we disclosed also provides safeguards to protect and process your personal information.

 

3.10  We will store Your Personal Information for as long as it is necessary to protect Our interests or as required by laws and regulations.

 

3.11  Your personal information will retain to our system as long as needed for the purposes that has been stipulated under this Privacy Policy. We may also retain your personal information for Us to comply with any legal obligation, for business purposes, and in some cases as authorized by law.

 

SECURITY OF PERSONAL INFORMATION

 

3.12      We will take all reasonable steps and actions to prevent the loss, misuse or unauthorized changes of Your Personal Information by unauthorized parties.

 

3.13      Regardless of the steps and precautionary actions that We take, unauthorized entry or use, and hardware or software failure, may happen and compromise the security of Your Personal Information. We hereby disclaim, to the fullest extent permissible by law, any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorized access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any Personal Information provided by You to Us.

 

3.14      When registering yourself on the Platform, You are requested to create Your own personal password. You are responsible for maintaining the confidentiality of this password. You should not share Your password with anyone.

 

RETURNING AND DESTRUCTION OF PERSONAL INFORMATION

 

3.15      Your Personal Information can only be destroyed if You request to do so, or You terminate Your use and access to the Services and/or close Your account, and You have no obligation, financial responsibility, debt or similar matters in conncection with the purchase of Services on the Platform. You hereby acknowledge that You understand that as a result of terminating your access to the Platform you will no longer have the ability to use Our Service.

 

However, such destruction shall not circumvent or waive Our rights to retain such Personal Information for as long as necessary for the fulfillment of the purposes for which such Personal Information was obtained or for the establishment, exercise or defense of Our legal claims, or for Our legitimate business purposes, or as provided by law.

 

3.16        The request for the return of Personal Information shall be sent to Us via e-mail at dpo@apaylater.com and attach Your valid proof of identity (copy of resident card or passport) along with the reasons for requiring the return of such Personal Information.

 

3.17        You have the right to request the deletion of Personal Information that We hold by giving at least ten (10) working days written notice before the proposed date of deletion by stating the type or form of Personal Information requested for deletion. Provisions for the elimination of this Personal Information must be carried out in accordance with the prevailing laws and regulations of the Philippines.

 

3.18        Destruction of Personal Information as referred to in Article 3.15 includes removing parts or all of the documents related to Your Personal Information that We hold so that the Personal Information cannot be re-displayed in Our electronic system unless You provide new Personal Information to Us.

 

CHANGE OF PERSONAL INFORMATION

 

3.19      We understand that You need to update or amend Your Personal Information from time to time. If You need to update or amend Your Personal Information. You can submit a written request via e-mail to Us and provide Us with the relevant details. We will help to update and/correct Your Personal Information for You if it is deemed necessary.

 

ARTICLE 4

USERS RIGHTS

 

4.1      Right to be informed

           We are committed to provide You on how We collect, use, store, and retain Your Personal Information including Our legal basis for doing so, where We obtained Your Personal Information, how We share Your information to Our partners, and how You can exercise your rights as a data subject. This information is provided in this Privacy Policy and can be accessed via the Platform.

 

4.2      Right to access

           You as a data subject may request for a copy of Your Personal Information that We hold, except in cases that may affect the rights and freedom of others especially with applicable laws which require Us not to comply with Your request.

 

4.3      Right to rectification

           In cases of inaccuracies to Your Personal Information provided to Us, You may ask Us to correct any of such information. This may require supporting proof or documentation which will help Us verify the accuracy and validity of Your request.

 

4.4      Right to remove

           You as a data subject may request to erase Your personal information or data if:

(a)     Retaining Your personal data in Our possession is no longer necessary;

(b)     Processing Your personal information or data has no legitimate reason;

(c)     Your personal information or data is being used unlawfully; or

(d)     Applicable laws require Us to erase Your personal information or data.

 

4.5      Right to restrict processing

           You as a data subject may request to stop using your personal information or data if:

(a)   It is inaccurate;

(b)   Your Personal Information is being used unlawfully;

(c)   There is a legal proceeding that restricts Us to use Your Personal Information; or

(d)   We do not have a legitimate reason to use Your Personal Information.

 

4.6      Right to data portability

           You may request Us to provide You with Your Personal Information in a structured, commonly used and machine-readable format.

 

4.7      Right to object

           You as a data subject have the right to object whenever We are using Your Personal Information in contradiction with the prevailing laws and regulations in the Philippines.

 

4.8      Right to file a complaint

           You as a data subject have the right to file a complaint if You think there is any violation of Your rights as a data subject with the National Privacy Commission and other government agencies that may be involved with Your complaint.

 

As part of our commitment, you can send an email at dpo@apaylater.com for your inquiries or complaint with regard to your personal data.

 

ARTICLE 5

FAILURE IN PROTECTING PERSONAL INFORMATION

 

5.1.       We will comply with the relevant provisions of rules and circulars on handling Personal Information security breaches, including notification to You or to the National Privacy Commission, where an unauthorized acquisition of sensitive personal information or information that may be used to enable identity fraud has been acquired by an unauthorized person, and is likely to give rise to a real risk of serious harm to the affected data subject. Please note that under applicable law, not all personal information breaches are notifiable.

 

5.2.       You agree not to seek redress against Us for violations, or non-compliance with the Privacy Policy or the protection of your Personal Information in the following situations:

 

(a)        Where an act of nature or an unexpected situation has occurred, resulting in damage or destruction of equipment and/or systems which are used to secure, store or process a User's Personal Information;

 

(b)        Where Personal Information is available or can be found by the public before such Personal Information has been conveyed by Us;

 

(c)        Where We have given our best effort to verify, secure and protect your Personal Information, and in the event of any unauthorized access, hacking, misuse, modification, change, interference;

 

(d)        For the accuracy (unless for Personal Information that has been verified by Us at our discretion), validity, legality and completeness of Your Personal Information; and/or

 

(e)        Where the misuse of Personal Information and information caused by acts of crime, fraud or any criminal act or illegal action of a third party that is not under Our control or instruction.

 

5.3.       We will give Our reasonable efforts to notify You in writing via e-mail if there is a failure in Our protection of your Personal Information during the management of the Platform, whether such failure occurred due to Us or a third party, with the following notification conditions:

 

(a)         by including the reason or cause of failure of the protection of Personal Information;

 

(b)         written notification via e-mail within seventy two (72) hours from our knowledge of the incident or breach;

 

(c)         providing a contact person who is easily contacted by You regarding the management of Personal Information.

 

ARTCILE 6

COOKIES

 

6.1         By visiting and using the Platform, You realize that cookies or similar technologies can be installed on Your device. Cookies are files that record information such as site search traces from a device or to collect internet log information and visitor behavior information. When You revisit this Platform, cookies will make it easier for Us to customize the content to suit Your needs. These cookies do not track individual user information, and all of Our cookies data are encrypted and cannot be read by other platforms.

 

6.2         Even though Your computer will automatically accept cookies, You can choose to make modifications through Your search site settings by choosing to reject cookies and deleting cookies installed on Your device at any time by configuring Your search site software. You may not realize the full benefit of some Services on the Platform if cookies are deleted or prevented from being installed in Your device.

 

ARTICLE 7

SOCIAL MEDIA ACCESS

 

7.1         In the framework of the provision of Services on the Platform, We may request You to allow Us to access social media accounts including but not limited to Twitter, Facebook, Google+ and/or LinkedIn. However, You are not required to give access to Your social media account.

 

7.2         In the event that You give Us access to Your social media account data, You must understand that We only use that data for the following purposes:

 

(a)         Identity verification;

 

(b)         Mitigating the risks of identity fraud;

 

(c)         Analytical / quantitative statistics;

 

(d)         Carrying out regulatory control;

 

(e)         Providing information and answering questions; and

 

(f)           Preventing fraud, money laundering, and other criminal activities.

 

ARTICLE 8

CHANGES IN PRIVACY POLICY

 

8.1         This Privacy Policy may be changed and/or updated from time to time. We will publish the latest version of this Privacy Policy on the Platform.

 

8.2         You are advised to read carefully and check this Privacy Policy from time to time so that you remain informed about the latest version of this Privacy Policy.

 

8.3         We may notify You of changes made to this Privacy Policy via e-mail to Your registered e-mail address.

 

8.4         By continuing to access and use the Platform and Services, You agree to any changes to this Privacy Policy.

 

ARTICLE 9

THIRD PARTY CONSENT FOR LOAN APPLICATION PROCESSING

 

You agree that We, whether directly or through Our partners, may collect, retrieve, process, use and store Your personal data such as name, age, photographs, fingerprints, other biometric data (e.g., facial recognition and voice recognition), mobile number/s, mobile phone usage data, employment details, income, financial data, financial profile, credit standing, loan payment history, and other information required in the application form for the purpose of reviewing and processing your loan application. You consent to the collection of Your personal data from Yourself, or from other personal information controllers such as, but not limited to, telecommunications companies, for credit scoring purposes. Your personal data such as mobile number, email address, and address, will be shared to a credit scoring service provider for credit investigation, credit scoring, data analytics, and data profiling, which includes the regular updating of your credit score. The personal data secured may also be used for direct marketing of products and services of partners.

Throughout the processing of your personal data, Your rights under the Data Privacy Act of 2012, such as the (1) right to be informed, (2) right to object, (3) right to access, (4) right to rectification, (5) right to erasure or blocking, and (6) right to damages, shall be upheld. Entities to whom we share your personal data will also respect the same rights.

 

ARTICLE 10

MISCELLANEOUS

 

This Privacy Policy is in accordance with the prevailing laws and regulations, including but not limited to the Personal Data Law.

 

ARTICLE 11

CONTACT

 

If there are any questions, comments or requests regarding this Privacy Policy, please contact dpo@apaylater.com.

 

 

 

Last updated on July 2021