PoodTrip – Privacy Policy

For Users and Participating Drivers


Last updated on 29 April 2020


Capitalized terms used in this Privacy Policy - For Users and Participating Drivers (the “Privacy Policy”) shall bear the meaning provided under the Terms of Use for this Application.


The Company is committed to the secure processing of the personal data that the Company acquires from those who have installed the Application in their mobile devices, such as: (i) the Users, for their use of the Application, the Services and the web-site https://bahay.poodtrip.com/ (the “Website”) and (ii) the Participating Drivers, who have signed-up through Application or the Website and were accredited by the Company as part of a pool of drivers and who may be willing, at their sole discretion, to provide Private Carrier Services to the Users under the terms of the Contract entered into and between the User and the Participating Driver.


In this regard and in the Philippines, the Company shall ensure that its processing of such personal data is in accordance with the Data Privacy Act of 2012 (the “DPA”), its Implementing Rules and Regulations (the “DPA IRR”), issuances of the National Privacy Commission (the “NPC”) and other applicable laws and regulations on data privacy of the Republic of the Philippines.


Where applicable, and in such other countries where the Application is being provided by the Company, the Company shall ensure that its processing of such personal data is in accordance with the relevant laws, rules and regulations of such countries related to data privacy.


This Privacy Policy is in line with the Company’s commitment to the protection of privacy rights of the Users and the Participating Drivers.


This Privacy Policy outlines the terms under which the Company processes the personal data of the Users and Participating Drivers and how such personal data is stored, used, retained, shared and accessed. This Privacy Policy likewise informs the Users and Participating Drivers of their rights and remedies as data subjects, and the measures the Company undertakes for the protection of their personal information.


By agreeing to the terms and conditions of this Privacy Policy, simultaneous with their agreement and conformity with the Terms of Use for this Application, the User and the Participating Driver expressly consent to the collection, use, disclosure and all other forms of processing of his/her personal data as provided in this Privacy Policy.


This Privacy Policy and the contents of the Application and the Website are originally written in the English language. In the event of any conflict between the English and other language versions, the English versions of this Privacy Policy and the contents of the Application and the Website shall prevail.


1.Personal information collected or otherwise processed by the Company


The Company collects and processes personal data from or pertaining to the User and/or Participating Driver when the User and/or Participating Driver: (i) registers on the Website, (ii) downloads or registers through the Application, (iii) is accredited as a Participating Driver by the Company, or (iv) avails of the Company’s Services whether through the Website or the Application in order to avail of Private Carrier Services from the Participating Drivers or to provide Private Carrier Services to the Users.


Personal data from or pertaining to the Users in the Philippines and other countries are as follows:



1.1.Name;

1.2.Mobile or landline number;

1.3.Residential/office/billing address or location;

1.4.E-mail address;

1.5.Credit card or debit card number.


Personal data from or pertaining to the Participating Drivers from the Philippines are as follows:


1.1.Name;

1.2.Date of birth;

1.3.Civil status;

1.4.Mobile or landline number;

1.5.Residential/office/billing address or location of the Participating Driver through the tracking of the booked delivery vehicle(s);

1.6.E-mail address;

1.7.Driver’s license details;

1.8.Details of other relevant government-issued identification cards including but not limited to clearances from the National Bureau of Investigation and/or Philippine National Police;

1.9.Credit card or debit card number, if any.


Personal data from or pertaining to the Participating Drivers from other countries are the same as enumerated above, except that the clearances mentioned in Clause 1.8 shall be from the relevant government investigation agency and/or police force in such other countries.


The Users and the Participating Drivers accept that the Company and/or the Participating Merchants may use cookies to store information on the Users and the Participating Drivers in order to provide the Users and the Participating Drivers with a customized and more efficient experience in accessing or using the Website and/or the Application.


If the User and/or the Participating Driver provide(s) to the Company the personal data of a third party, the User and/or the Participating Driver warrant(s) that the required consent from the third party concerned was secured by the User and/or the Participating Driver prior to providing to the Company such personal data pertaining to the said third party.


2.Purpose of collection and other processing of personal information by the Company


The Company collects and otherwise processes the above personal data of the Users and the Participating Drivers for the following purposes:


2.1.To publish the proposal of the Users to engage the services of the Participating Drivers, for Private Carrier Services, for the pick-up and delivery of food/dish items from Participating Merchants to the Users; and for compensation in favor of the Participating Drivers in terms of delivery fees as indicated in the Application and under the terms and conditions so provided in the Contract;

2.2.To confirm or clarify the Orders;

2.3.To track the Participating Drivers who took the Order and to provide the Users updates on the status of their Orders;

2.4.To determine compliance with the Terms of Use and the Privacy Policy for the Application;

2.5.To address the complaints of the Users against the Participating Drivers concerned, if any;

2.6.To verify the truthfulness of the personal data so provided;

2.7.To facilitate the use by the Users of the Private Carrier Services and the provision by the Participating Drivers of the Private Carrier Services;

2.8.To facilitate the use of and the access by the Users and the Participating Drivers to the Website and/or the Application;

2.9.To administer the accounts of the Users and the Participating Drivers and to monitor their use of the Website and/or the Application;

2.10.To facilitate payment of the Users for their Orders and the receipt by the Participating Drivers of their eighty percent (80%) share of the total delivery fees from successfully completed Orders;

2.11.To carry out research on the demographics, behavior as consumer and individual preferences of the Users and the Participating Drivers;

2.12.To comply with the orders or regulations of enforcement agencies, judicial and quasi-judicial bodies, or other competent government authority;

2.13.To protect the Users and the Participating Drivers from fraud and illegal activities and to prevent the same;

2.14.To establish, exercise or defend legal claims in favor of or against the Company;

2.15.To provide information on promos or discounts and to market the Company’s Services; and

2.16.To accomplish such other purposes which are directly related to the above purposes.


3.The Company’s processing of the personal information of the Users and the Participating Drivers


Apart from collecting the personal data of the Users and the Participating Drivers, the Company shall engage in all other forms of processing, such as recording, organization, storage, updating, modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of personal data.


The Company’s processing may be performed manually or through automated means.


4.Sharing by the Company of the personal information of the Users and the Participating Drivers


4.1.The Company may share the personal data of the Users and the Participating Drivers to third parties for the accomplishment of any of the purposes enumerated above in Clause 2 or, in extraordinary circumstances, when the Company believes that the sharing of such personal data is necessary to prevent a threat to the life or health of another. Such third parties include, but are not limited to, the following:


4.1.1.Users and Participating Drivers;

4.1.2.Affiliates and/or other related companies of the Company;

4.1.3.Service providers who provide technical, operational and/or logistical support in any manner related to the business of the Company;

4.1.4.Courts, quasi-judicial agencies and tribunals, as a response to an order, subpoena or other legal processes;

4.1.5.Law enforcement personnel, government agencies and other regulatory entities in the exercise of their investigative or regulatory powers;

4.1.6.Entities engaged by the Company to assist in establishing, exercising or defending legal claims or protecting the Company’s rights and assets; and

4.1.7.Corporate and institutional business partners of the Company.


4.2.In all instances involving the personal data of the Users and Participating Drivers in the Philippines which are to be shared for commercial purposes, the Company shall ensure that the same is covered by a data sharing agreement with whom the personal data of the Users and Participating Drivers will be shared which shall require organizational, physical and technical safeguards for data privacy and security that are no less restrictive than those provided in this Privacy Policy, which in all instances shall comply with the DPA, the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy.


Where the personal data of the Users and Participating Drivers outside of the Philippines are to be shared for commercial purposes, the Company shall likewise ensure that the same is covered by a data sharing agreement with whom the personal data of the Users and Participating Drivers will be shared which shall require organizational, physical and technical safeguards for data privacy and security that are no less restrictive than those provided in this Privacy Policy, which in all instances shall comply with the relevant laws, rules and regulations of such countries related to data privacy.


Before a personal data of the User or the Participating Driver is shared, the Company shall obtain the consent of the User or the Participating Driver and provide the User or the Participating Driver with the following information:


4.2.1.Identity of third party to whom the personal information of the User and the Participating Driver will be shared;

4.2.2.Purpose of the data sharing;

4.2.3.Categories of personal data to be shared;

4.2.4.Intended recipients or categories of recipients of the personal data;

4.2.5.For the personal data of the User and the Participating Driver in the Philippines which are to be shared with third party, existence of the rights of the said User and the Participating Driver as data subjects under the DPA, the DPA IRR, issuances of the NPC, other applicable laws and regulations on data privacy and the data sharing agreement between the Company and the third party to whom the personal data of the User and the Participating Driver will be shared;

 

For the personal data of the User and the Participating Driver outside of the Philippines which are to be shared with third party, existence of the rights of the said User and the Participating Driver as data subjects under the relevant laws, rules and regulations of such countries related to data privacy and the data sharing agreement between the Company and the third party to whom the personal data of the said User and the Participating Driver will be shared; and

4.2.6.Other information that would sufficiently notify the User and Participating Driver of the nature and extent of the data sharing involved and the manner of the processing of their personal data.


5.The Company’s storage and retention of the personal data of the Users and Participating Drivers


The personal data of the Users and the Participating Drivers collected or otherwise processed by the Company shall be stored in secure online storage platforms, protected cloud infrastructure and/or on-site drives of the Company, which are only accessible to the Company and its authorized personnel. The Company uses industry-standard encryption to provide protection for the information and requires the Users and the Participating Drivers to verify their identity through their login username and password before they can amend personal information on their respective accounts.  Physical copies of the said personal data, if any, shall be stored in the Company’s offices in secure and monitored rooms accessible only to duly authorized personnel.


The Company will retain the personal data of the User and the Participating Driver for as long as the purposes for which they are being processed are not accomplished.


6.Access by the Users and the Participating Drivers to their personal information


Users and Participating Drivers who wish to access their personal data collected or otherwise processed by the Company may e-mail the Company’s Data Protection Officer (“DPO”), through his/her e-mail provided below, to request copies of said personal data or acquire information on the Company’s use, sharing, other disclosure or other processing of the said data within a particular period.


The Company shall, however, require proof of the identity of a User or Participating Driver before granting access to said information. The Company reserves the right to take reasonable measures to further confirm the identity of a User or a Participating Driver before granting access.


The Company reserves the right to charge a reasonable fee for the retrieval and reproduction of the personal data of the User or Participating Driver or for the requested information on the Company’s use, sharing, other disclosure or other processing of their personal data within the requested period.

 

7.Other rights of the Users and Participating Drivers as data subjects


The Users and the Participating Drivers have the right to correct, update or otherwise modify their personal data as collected and processed by the Company. The Users and the Participating Drivers may correct, update or otherwise modify such personal data by accessing their account through the Website or the Application.


The Users and the Participating Drivers also have the right to withdraw their consent to the processing of their personal data, object thereto and/or demand that said data be erased from the records of the Company. The Users and the Participating Drivers understand that the withdrawal of their consent, objection to the Company’s processing and/or demand for erasure may mean that the Company may be unable to provide its Services to the Users and/or the Participating Drivers withdrawing such consent, objecting to the Company’s processing or demanding erasure of their personal data from the records of the Company.


To exercise any of the above rights, the Users and/or the Participating Drivers may e-mail the Company’s DPO, through his/her e-mail provided below. If the Company is unable or unwilling to acknowledge these rights or give them due course, the Users and the Participating Drivers in the Philippines have the right to file a complaint before the NPC. For those Users and Participating Drivers outside the Philippines, they have the right to file a complaint before the relevant government agency in their countries which is equivalent to the NPC.


8.The Company’s protection of the personal data of the Users and the Participating Drivers


The Company implements the mandated organizational, physical and technical measures provided in the DPA, DPA IRR, issuances of the NPC and other applicable laws or regulations of the Republic of the Philippines on data privacy for the protection of the personal data of all the Users and the Participating Drivers in the Philippines and other countries. The Company believes that the implementation of the mandated measures on data privacy is at par with international standards. The Company restricts access of its personnel, other than those specifically authorized, to the personal information of the Users and the Participating Drivers.


The Company employs a dedicated information technology team to protect the personal data of the Users and the Participating Drivers. The Company maintains technological safeguards to prevent unauthorized access to the personal data of the Users and the Participating Drivers. The Company ensures that credit card information is processed by merchants/payment providers who are compliant with the Payment Card Industry Data Security Standard.


The Company undertakes to constantly assess and improve upon its data protection measures to ensure the safety and integrity of the personal data it processes.


For complaints, queries or concerns regarding the Company’s processing of the personal data of the Users and the Participating Drivers, Users or Participating Drivers may contact:

 

Rene Dulguime

Data Protection Officer

Audiowav Media Inc.

(+632) 8519-0001

rene.dulguime @wav.global

 

9.Update and/or Amendment - By agreeing to the Terms of Use and this Privacy Policy of the Application, the User and the Participating Driver agree that the Company may from time to time update and/or amend the Terms and Use and this Privacy Policy by posting such updatings and/or amendments and additional terms and conditions on the Website and/or by sending push notifications through the Application. The User and the Participating Driver agree that any such updatings and/or amendments to the Terms of Use and this Privacy Policy made by the Company shall be binding upon him/her, without the need of any confirmation from the User and the Participating Driver whatsoever.


- END -


Subscribe to our newsletter