PRIVACY POLICY

DATA PROTECTION NOTICE 

This Data Protection Notice (“Notice”) sets out the basis which (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal information of our customers in accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, and its Implementing Rules and Regulations, other issuances of the National Privacy Commission and other relevant laws of the Philippines (collectively, “DPA”). We recognize the importance of your rights as a data subject under the DPA, as follows:

1. Right to be informed
2. Right to object
3. Right to access
4. Right to correct
5. Right to rectification, erasure or blocking
6. Right to damages
7. Right to data portability
8. Transmissibility of rights

This Notice aims to provide information on how we collect, use, manage, and secure your personal information. Any information you provide to us indicates your express consent to this Privacy Policy.

This Notice applies to personal information in our possession or under our control, including personal information in the possession of organizations which we have engaged to collect, use, disclose or process personal information for our purposes.

PERSONAL INFORMATION

1. As used in this Notice:
   “you” refers to the individual or customer who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may enter or has entered into a contract with us for the supply of any goods or services by us, or an individual on whose behalf, a person (e.g., parent, guardian or authorized representative) may enter or has entered into a contract with us; and

“personal information” means 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 such information, or such information, when put together with other information, would directly and certainly identify an individual.

2. Depending on the nature of your interaction with us, some examples of personal information which we may collect from you include your name, identification numbers, email address, mailing address, telephone number, gender, date of birth, and credit card information.
3. Other terms used in this Notice shall have the meanings given to them in the DPA (where the context so permits).

COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION

4. We generally do not collect your personal information unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorized by you to disclose your personal information to us (your “authorized representative”) after (i) you (or your authorized representative) have been notified of the purposes for which the data is collected, and (ii) you (or your authorized representative) have provided written consent to the collection and usage of your personal information for those purposes, or (b) collection and use of personal information without consent is permitted or required by the DPA or other laws. We shall seek your consent before collecting any additional personal information and before using your personal information for a purpose which has not been notified to you (except where permitted or authorized by law).
5. When you provide information other than your own, you certify that you have obtained the consent and authority of the owner of such information (such as your parents, spouse, children, dependent, or any other person) to allow us to disclose and process such information. You are responsible for ensuring that all personal information you submit to us are accurate, complete and up-to-date.
6. We may collect and use your personal information for any or all of the following purposes:

(a)  performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;

(b)  verifying your identity;

(c)  responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;

(d)  managing your relationship with us, including communicating our latest products, services, promos and events;

(e)  processing payment or credit transactions;

(f)  complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

(g) any other purposes for which you have provided the information;

(h) transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in the Philippines or abroad, for the aforementioned purposes; and

(i) any other incidental business purposes related to or in connection with the above.

7. We may disclose your personal information:

(a)  where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you;

(b)  to third party service providers, agents and other organizations we have engaged to perform any of the functions with reference to the above-mentioned purposes;

(c) to a government institution and other competent authorities which by law, rules or regulations require us to disclose your personal information; or

(d) to any person in order to carry out functions of public authority, and for collection and further processing pertaining to law enforcement, taxation or other regulatory functions.

8. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us has been altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).

WITHDRAWING YOUR CONSENT 

9. The consent that you provide for the collection, use and disclosure of your personal information will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal information for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
10. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within five (5) business days of receiving it.
11. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 9 above.
12. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal information where such collection, use and disclose without consent is permitted or required under the DPA and applicable laws.

ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

13. If you wish to make (a) an access request for access to a copy of the personal information which we hold about you or information about the ways in which we use or disclose your personal information, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
14. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
15. We will respond to your request as soon as reasonably possible. In general, our response will be within five (5) business days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the DPA or applicable laws).

PROTECTION OF PERSONAL INFORMATION

16. To safeguard your personal information from unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption, and disclosing personal information both internally and to our authorized third-party service providers and agents only on a need-to-know basis.
17. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

ACCURACY OF PERSONAL INFORMATION

18. We generally rely on personal information provided by you (or your authorized representative). In order to ensure that your personal information is current, complete and accurate. Please update us if there are changes to your personal information by informing our Data Protection Officer in writing or via email at the contact details provided below.

RETENTION OF PERSONAL INFORMATION

19. We retain your personal information:

(a) To the extent necessary in keeping track of your transaction and records.

(b) As may be agreed upon by the parties to a contract.

(c) For statistical, research and other purpose specifically authorized by law.

20. We may retain your personal information for as long as it is necessary to fulfillthe purpose for which it was collected, or as required or permitted by applicable laws.
21. We will cease to retain your personal information, or remove the means by which the data can be associated with you, as soon as you request your data to be deleted, or when it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected, or is no longer necessary for legal or business purposes.

TRANSFER OF PERSONAL INFORMATION OUT OF THE PHILIPPINES

22. We generally do not transfer your personal information to countries outside of the Philippines. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal information continues to receive a standard of protection that is at least comparable to that provided under the PDPA.

COOKIES AND RELATED TECHNOLOGIES

23. A cookie is a small piece of file which originates from a website and is transferred to the user’s hard drive to record the user’s browsing activity. Cookies were designed to remember pieces of information that the user has entered in a certain website. Essentially, cookies help in making the browsing of our site easier by, among other things, saving your name, addresses, passwords and other preferences.
24. Most web browsers are set to automatically accept cookies, but you have the option to refuse all cookies or indicate when a cookie is being sent. However, if you choose not to accept cookies, you may experience some delay in browsing our website or it will not function properly or may be considerably slower.

DATA PROTECTION OFFICER

25. You may contact our Data Protection Officer if you have any enquiries or feedback on our personal information protection policies and procedures, or if you wish to make any request, in the following manner:

Name of DPO : Rupert Musni

Email Address : rupert.musni@superpark.com.ph

Postal Address: 4F Eastwood Mall, Eastwood City, Quezon City, Philippines 1109
EFFECT OF NOTICE AND CHANGES TO NOTICE

26. This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
27. We may revise this Notice from time to time without any prior notice in order to adhere to new and existing laws affecting the DPA, including any change or improvement we establish to secure your personal information. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

Effective date: September 20, 2023