WHO WE ARE

Our website address is: https://hicaps.com.ph

INTRODUCTION

HICAPS values the privacy of your personal data. To ensure your privacy, we are committed to complying with Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, its Implementing Rules and Regulations and other pertinent issuances of the National Privacy Commission and other relevant laws within our jurisdiction.

This policy shall apply to the Customer/User’s use of the Website. It shall cover personal information that HICAPS may collect in the course of Customer/User’s access and/or use of the Service provided therein and when Customer/User interacts with HICAPS, through the Website. The latter may be used and accessed without providing personal data. However, Customer/User shall be required to sign up and provide personal details to use the Service provided therein.

By means of this policy, Customers/Users shall be informed of how HICAPS collects, uses, discloses, and processes personal data in the course of one’s access to the Website and use of the Service provided therein. This policy may change from time to time in accordance with the changes in the requirements of the law and/or changes in the Website. If any such change occurs, notice shall be posted on the Website. In which case, Customer/User’s continued access and/or use of the Website and its Service shall constitute acceptance of the changes made in this policy.

PERSONAL DATA COLLECTED FROM CUSTOMERS/USERS

Personal information/data 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.

Use of Website and Service. In the course of Customer/User’s use and/or access of the Website and its Service, HICAPS may receive personal information consisting of (1) contact information, such as name, address, e-mail address, and phone/mobile number; (2) additional personal information, such as birthdays, genders, age, professional information; (3) payment information, such as credit or account information; (4) log-in information, such as username and password; (5) comments, queries, orders made in the course of the use/access of the Website and/or Service; and (6) such other identifying information gathered incidentally to the use/access of the Website and/or Service.

Obligations of Customer/User. By using and accessing the Website and its Service, it is understood that the Customer/User consents and accedes to the use, storage, disclosure, and processing of his or her personal data by HICAPS and its affiliates. It is hereby understood that Customers/Users have an obligation to provide and disclose personal information that is true and accurate. HICAPS reserves the right to require additional proof to verify any and all personal information provided as part of its verification process. Should Customer/User opt to not provide the necessary personal data for the use and/or access of the Website and its Service, HICAPS shall not be able to grant use and/or access to the Service.

In the event, a Customer/User provides personal data belonging to a third party, said Customer/User warrants that he/ she has obtained the consent of the third party and shall hold HICAPS free and harmless from any and all claims, injuries, damages, suits arising out of or in connection with the provision and use of personal data belonging to said third party.

Use of Disclosed Personal Data. HICAPS may use Customer/User’s personal information to (1) to allow use and/or access to the Website and its Service; (2) to process and complete orders submitted through the use of the Service; (3) to secure and cause delivery of Product/s purchased in the course of the use of the Service; (4) to facilitate payment of the orders made through the use of the Service; (5) to administer and manage Customers/User’s account in the Website; (6) to take action on any complaint or feedback in relation to the Website and its Service; (7) to send out promotional materials about Products offered or to be offered in the Website; (8) to identify users of the Website; (9) to store the same for subsequent transactions; and (10) to comply with governmental requirements when using or disclosure thereof is mandated by law. HICAPS may further use personal data as may be necessary to complete and process transactions through the Service with due regard to the privacy rights of Customer/User.

HICAPS may share and/or permit sharing of personal data with third parties and its affiliates as may be necessary to serve any of the purposes stated above.

Right to Disclose Personal Data. HICAPS reserves the right to disclose personal data to any regulatory or government authority or office or pertinent right owner, if there is reasonable ground to believe that the disclosure of the personal information is necessary to comply with an obligation imposed by law and/or pursuant to an order, investigation or request, to the extent allowed by law. Customer/User shall hold HICAPS free and harmless from any action, claim or suit arising from the disclosure herein contemplated.

RIGHTS OF CUSTOMER/USER

Customers/Users shall have the following rights:

(1) to access and update/modify personal data through the use of the Website;
(2) to delete or block personal data upon written request made to HICAPS through the e-mail address stated in its Terms of Use and Sale;
(3) to withdraw consent to the continued use, disclosure, and/processing of personal data;
(4) reasonable access, upon written demand, to the following:
(a) Contents of his or her personal information that were processed;
(b) Sources from which personal information was obtained;
(c) Names and addresses of recipients of the personal information;
(d) Manner by which such data were processed;
(e) Reasons for the disclosure of the personal information to recipients;
(f) Information on automated processes where the data will or likely to be made as to the sole basis for any decision significantly affecting or will affect the data subject;
(g) Date when his or her personal information concerning the data subject was last accessed and modified; and
(h) The designation, or name or identity and address of the personal information controller;
(5) be indemnified for any damages proven, in the course of legal proceedings, to be sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal information;
(6) dispute the inaccuracy or error in the personal information and have the personal information controller correct it immediately and accordingly unless the request is vexatious or otherwise unreasonable.

Any request made under item (4) may be subject to a reasonable administrative fee for retrieving personal records. In the event, HICAPS shall be unable to provide the requested information relative to any personal data the Customer/User shall be informed of the reason/s why the request cannot be granted.

SECURITY AND RETENTION OF PERSONAL DATA

Security of Personal Data. HICAPS has adopted measures to secure personal data, such as restricting access to personal data to Customer/User to which said personal data corresponds and using technology products to prevent unauthorized computer access. In the event there is reason to believe that the Customer/User’s privacy has been compromised, the report said breach immediately to HICAPS. It is hereby understood that no measure for digital data privacy is completely secure. Thus, while HICAPS cannot fully guarantee total security, it shall earnestly undertake to protect personal information by constantly reviewing and enhancing its information security measures.

Adoption and Use of the password. Customer/User must safeguard and keep private his/her password which should consist of unique numbers, letters, and special characters to ensure its security. Customer/User has the obligation to not share his/ her password with anyone. HICAPS shall not be responsible for any unauthorized access of Customer/User’s account through the use of an existing Customer/User’s password. Further, Customer/User may be bound by the transactions arising from the unauthorized use of his/her account. Thus, the Customer/User is advised to immediately notify HICAPS in the event that he/she has reason to believe that his/ her password has been compromised.

Storage of Personal Data. HICAPS shall only store personal data for as long as the same is necessary for the purpose for which it was collected or when required by law. HICAPS shall immediately delete or remove personal data as soon as the purpose for which it was collected has been fulfilled and its storage and retention shall serve no other legal or business purpose.

COMPUTER DATA

Information from Customer/User’s Device. As an incident to the use and/or access of the Website and/or Service, HICAPS may gather information about the Customer/User’s device, such as device type, browser type, IP address, operating system, and device identifier. The foregoing information is automatically collected from the device and web browser through cookies and similar technologies. The foregoing data may be used for data analysis and evaluation to aid HICAPS in improving its Website and Service.

THIRD PARTY SITES

Third-party privacy policy. The Website may contain links to the websites belonging to third parties, such as affiliates and payment gateways. HICAPS shall not be responsible for the privacy practices of said websites. Customer/User is advised to directly check the respective privacy policy of said websites to determine their privacy rights relative to their use and access to the websites.

CONSENT TO THIS POLICY

Notice and consent. By signing up on the Website, the Customer/User is deemed to have been notified of and understood the terms of HICAPS’ privacy policy. As such, Customer/User is deemed to have agreed to the collection, use, disclosure, and processing of personal information as set forth under the foregoing terms.

QUESTIONS OR FEEDBACK

If Customer/User has any question or concern regarding HICAPS’s privacy policy or any matter concerning data protection and privacy, he/she may get in touch with the email provided in the Terms of Use and Sale.

Version 11 June 2020.