WHEN IN BAGUIO APP Privacy Policy

Privacy Policy

WHEN IN BAGUIO, INC. PRIVACY POLICY for When In Baguio App, When In Baguio Rider App, and When In Baguio Merchant App
Updated February 22, 2023

This Privacy Policy “Policy” describes how WHEN IN BAGUIO, INC. “WIBI”, collect, use, process and disclose clients Personal Data through the use of the WHEN IN BAGUIO APP  “WIBA” , WHEN IN BAGUIO RIDER “WIBR”, and WHEN IN BAGUIO MERCHANT “WIBM”.

This Policy applies to all users, agents, vendors, merchants, suppliers, partners such as driver, delivery and merchant partners, contractors and service providers.

As provided by R.A. No. 10173 otherwise known as Data Privacy Act of 2012, 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.

Under the policy of WIBI, Personal Information (PERSONAL DATA) shall pertain to all information provided by the users of the WIBA, WIBR, and WIBM Mobile Application from which they can be identified. This include but is not limited to the following: name, address, contact number, date of birth, gender, nationality, marital status, email address, identification number, bank account details, credit card details, education background, financial background, occupation, and any other information provided by the user to the WIBA, WIBR, and WIBM mobile application.

Such Personal Data may be processed including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

R.A. No. 10173 provides that the processing of personal information shall be permitted, subject to compliance with the requirements of the Act and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality. WIBI processes the users Personal Data in accordance with this Policy with the users consent, and in accordance with applicable laws.

WIBI guarantees that the personal data of the users are:

a. Collected for specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection, and later processed in a way compatible with such declared, specified and legitimate purposes only;

b. Processed fairly and lawfully;

c. Accurate, relevant and, where necessary for purposes for which it is to be used the processing of personal information, kept up to date; inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted;

d. Adequate and not excessive in relation to the purposes for which they are collected and processed;

e. Retained only for as long as necessary for the fulfillment of the purposes for which the data was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law; and

f. Kept in a form which permits identification of users for no longer than is necessary for the purposes for which the data were collected and processed: Provided, That personal information collected for other purposes may lie processed for historical, statistical or scientific purposes, and in cases laid down in law may be stored for longer periods: Provided, further, That adequate safeguards are guaranteed by said laws authorizing their processing.

I. PROTECTION OF PERSONAL DATA

WIBI implements reasonable and appropriate organizational, physical and technical measures intended for the protection of the users personal data against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing of the users personal data. This covers natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

WIBI limits the access of the users personal data to its employees on a need to know basis. The processing of users Personal Data will apply only to persons duly authorized and they shall treat your personal data with confidentiality.

However, WIBI pleads users to understand and take in consideration that the transmission of personal data through the internet is not completely secured. WIBI will try as hard as one can to protect users Personal Data, but cannot guarantee the security of Personal Data transmitted through any online means, therefore, any transmission remains at your own risk.

II. USERS RIGHTS TO THEIR PERSONAL DATA

WIBA,WIBR, and WIBM Mobile Application users shall have the following rights over their personal data such as:

a. Be informed whether personal information pertaining to him or her shall be, are being or have been processed.

b. Be furnished with relevant information before the entry of his or her personal information into the processing system of the WIBA App. or at the next practical opportunity.

c. Any information supplied or declaration made to the user on these matters shall not be amended without prior notification. Provided, That the notification shall not apply should the personal information be needed when the information is being collected and processed as a result of legal obligation.

d. Reasonable access to, upon demand, the following:

i. Contents of his or her personal information that were processed;

ii. Names and addresses of recipients of the personal information;

iii. Manner by which such data were processed;

iv. Reasons for the disclosure of the personal information to recipients;

v. Information on automated processes where the data will or likely to be made as the sole basis for any decision significantly affecting or will affect the data subject;

vi. Date when his or her personal information concerning the data subject were last accessed and modified; and

vii. The designation, or name or identity and address of the personal information controller.

e. Dispute the inaccuracy or error in the Personal Data and have WIBI correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the personal information have been corrected, the WIBI shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the retracted information by recipients thereof: Provided, That the third parties who have previously received such processed personal information shall be informed of its inaccuracy and its rectification upon reasonable request of the data subject;

f. Suspend, withdraw or order the blocking, removal or destruction of his or her personal information from WIBA, WIBR, and WIBM filing system upon discovery and substantial proof that the personal data are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected. In this case, WIBA, WIBR and WIBM can notify third parties who have previously received such processed personal information; and

g. Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.

All requests shall require the verification of the users identity and/or authority to make the requests. Further, WIBA, WIBR, and WIBM are authorized to require supporting information to corroborate the requests. Once verified, we will give effect to your request within the timelines prescribed by applicable laws.

III. COLLECTION OF PERSONAL DATA

WIBI with the consent of its users collect Personal Data through its WIBA, WIBR, and WIBM Mobile Application during the course of its normal service operations. This includes Sensitive Personal Data pertaining to the user’s race, national ID information, religious beliefs, background information including financial and criminal records, where legally permissible, health data, disability, marital status and biometric data, as applicable.

Users may provide Personal Data of other individuals such as their family and/or friends. Users may add them as an emergency contact, when they use the in-app chat or add them as recipients or beneficiaries of any use of the services of WIBA. Providing Personal Data of other individuals to WIBA, WIBR, and WIBM warrants and consent WIBI to collect, use and disclose the same.

Personal Data of minors shall not be submitted to WIBA. In such case Personal Data of a minor is disclosed to WIBA, the user consents to the processing of the minor’s Personal Data and accepts and agrees to be bound by this Privacy Policy and shall further be responsible for such action.

IV. USE OF PERSONAL DATA

WIBI may use the Personal Data of users to:

a. provide, modify, maintain and improve WIBA Mobile Application.

b. ensure the safety and security of all users.

c. resolve user support issues.

d. investigate and address concerns;

e. monitor and improve user support responses;

f. respond to questions, comments and feedback; and

g. inform users about steps taken to resolve user support issues.

h. collect for testing, research, analysis and product development.

i. collect for legal purposes, such as to investigate and resolve claims or disputes, detect/prevent/prosecute crime, or as allowed or required by applicable law.

j. comply with court orders or other legal, governmental or regulatory requirements;

k. enforce our Terms of Service or other agreements; and

l. protect our rights or property in the event of a claim or dispute.

m. send you marketing communications relating to customized products or services

This allows us to understand and analyze your needs and preferences, protect your Personal Data, improve and enhance the safety and security of WIBA Services, develop new features, products and services, and facilitate development of insurance and finance solutions.

WIBR background location data to fetch and give the location of the rider to the customer and vice versa. This allows us to accurately and swiftly deliver or transport products to their intended destination. Rest assured that this information is solely for this purpose. 

V. DISCLOSURE OF PERSONAL DATA

WIBI may disclose the users Personal Data to the following:

a. Different parties provided it is used for legitimate purposes only

b. Third parties provided it be used related to the services of WIBA App

c. Subsidiaries and affiliates

d. WIBA service providers and business partners

e. With our legal advisors and governmental authorities

f. Other parties, in connection with any acquisitions, sales, mergers, joint ventures, consolidation, restructuring, financing or any other type of business transactions.

The user’s Personal Data will however remain subject to WIBI obligations made in any pre-existing Privacy Policy that you have agreed to.

VI.  RETENTION OF PERSONAL DATA

WIBI will retain the users Personal Data for the period necessary to fulfill the Purposes outlined in this Privacy Notice unless a longer retention period is required or allowed by law. Once your Personal Data is no longer necessary for the Services or Purposes, or we no longer have a legal or business purpose for retaining your Personal Data, we take steps to erase, destroy, or prevent access or use of such Personal Data for any purpose other than compliance with this Privacy Notice, or for purposes of safety, security, fraud prevention and detection, in accordance with the requirements of applicable laws.

VII.  COOKIES AND ADVERTISING ON THIRD PARTY PLATFORMS

WIBI may use cookies, web beacons, tags, scripts, local shared objects in connection with your use of the Websites and Apps, which may be persistent or stored only during an individual session on your browsers or devices.

Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. WIBI may allow third parties to use Cookies on the Websites and Apps to collect the same type of Personal Data for the same purposes WIBI does for itself. Third parties may be able to associate the Personal Data they collect with other Personal Data they have about you from other sources. We do not necessarily have access to or control over the Cookies they use.

WIBA Users have the right to choose to disable, block or deactivate cookies. Please note that however refusal or removal of some cookies could affect the availability, functionality or use of our Website, Services or Apps.

VIII. AMENDMENTS AND UPDATES

WIBI may modify, update or amend the terms in this Policy at any time. Such amendments shall be notified to you through the Apps and/ or other appropriate means at least five (5) business days before the effective date. It is the responsibility of the user to review the Policy regularly. Your continued use of the Apps, Websites or Services, or continuing to communicate or engage with WIBA following the effective date of the modifications, updates or amendments of the Policy, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

IX. CONTACT US

If you have any queries about this Policy or would like to exercise your rights set out in this Policy, please message us at support@wheninbaguio.com