- At CHERRY, we take your privacy very seriously. We are committed to complying with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, and its Implementing Rules and Regulations.
- In the course of providing you with the services or access to our website, we will be collecting, using, disclosing, storing, and/or processing data, including your personal data.
2.The Personal Data We Collect From You
- Personal Data 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 the information, or when put together with other information would directly, indirectly, and certainly identify an individual.
- During the course of your use of our website, we may collect Personal Data from you, which includes but is not limited to:
(a) identity data, such as your name, gender, profile picture, and date of birth;
(b) contact data, such as billing address, delivery address, email address, and phone numbers;
(c) account data, such as bank account and payment details;
(d) transaction data, such as details about orders and payments to and from you, and other details of products and services that you have purchased or obtained through our website;
(e) technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, and other information and technology on the devices you use to access our website;
(f) profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses, and other information you may provide when entering contests or giveaways;
(g) marketing and communications data, such as your preferences in receiving marketing from us and/or third parties and your communication preferences.
- During the course of your use of our website and the provision of the services, we may receive Personal Data from you in the following situations:
(a) When you create an account with us;
(b) When you apply for any of the services or purchase any products available on our website;
(c) When you use any of the features or functions available on our website or services;
(d) When you like posts;
(e) When you subscribe to our publications or marketing collaterals;
(f) When you enter a competition, promotion, or survey or send feedback;
(g) When you participate in any activity or campaign on our website;
(h) When you interact with us offline, including when you interact with our outsourced customer service agents.
- You must only submit Personal Data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the Personal Data you have provided to us. We shall have the right to request for documentation to verify the Personal Data provided by you as part of our user verification processes.
- You may access and update your personal information submitted to us at any time as described below.
3. Use and Disclosure of Personal Data
- The Personal Data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (including related companies, third-party service providers, and their service providers and related companies, companies located both inside and outside your home country, third-party sellers, and other users), for certain purposes, which include but are not limited to the following:
(a) To facilitate your use of the Services or access to the Platform;
(b) To respond to your queries, feedback, claims, disputes, troubleshoot problems, or product and customer service requests, whether directly or through outsourced customer service agents;
(c) To process orders you submit through our website;
(d) To deliver the products you have purchased through our website. We may pass your personal information on to a third party in order to make delivery of the product to you;
(e) To update you on the delivery of the products and for customer support purposes;
(f) To compare information and verify with third parties in order to ensure that the information is accurate;
(g) To improve the efficiency and operation of our website and/or services;
(h) To ascertain your identity for fraud detection purposes and prevent fraudulent transactions, monitor against theft, and protect against criminal activity;
(i) To generate a personal profile about you;
(j) To verify and carry out financial transactions in relation to payments you make online;
(k) To notify you of updates to the Platform;
(l) To send you newsletters and/or marketing or promotional materials about third-party sellers’ products and services from time to time and to offer new products, services, mobile applications, and/or recommendations to you; and
(m) To request feedback and contact you about your use of our website.
We may also conduct automated decision-making processes in accordance with any of these purposes.
- You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
- We may share your information with our affiliates, which include our parent company and any subsidiaries, joint venture partners, or other companies controlled by us or under common control with us.
We are not responsible for the actions of third parties with whom you share
personal or sensitive data, and we have no authority to manage or control
third-party solicitations. If you no longer wish to receive correspondence,
emails, or other communications from third parties, you are responsible for
contacting the third party directly.
- In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, to investigate or remedy potential or actual violations of our policies, to protect the rights, property, and safety of others, or for law enforcement purposes, or for fulfillment of legal and regulatory requirements and requests.
- We may share and/or permit the sharing of your Personal Data with third parties and our affiliates for any of the abovementioned purposes, including but not limited to facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, fraud protection and credit risk reduction, marketing, and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your Personal Data with them, we endeavor to ensure that the third parties and our affiliates keep your Personal Data secure from unauthorized access, collection, use, disclosure, processing, or similar risks and that your Personal Data be retained only for as long as needed in order to achieve the abovementioned purposes.
4. Rights of User
- As a user you have the right to:
(a) withdraw your consent to the continued use, disclosure, and/or processing of your Personal Data;
(b) request erasure or blocking of your Personal Data;
(c) request correction of inaccurate or erroneous Personal Data, unless such request is vexatious or unreasonable;
(d) request for reasonable access to your Personal Data; and
(e) request indemnification for damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of Personal Data.
- If you wish to withdraw your consent, or request for erasure or blocking of your Personal Data at any time, you may do so by contacting us at email@example.com.
- Please note that if you exercise any of your rights set out above, we may not be in a position to continue to provide the services to you or perform on any contract we may have with you, and we will not be liable in the event that we do not continue to provide the Services to or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
- If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
(a) noting your preferences at the time you register your account with the Platform;
(b) logging into your account settings and updating your preferences; or
(c) contacting us at firstname.lastname@example.org.
- If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
5.Updating Your Personal Data
- It is important that the Personal Data you provide to us is accurate and complete for you to continue using our website and for us to provide the Services. You are responsible for informing us of changes to your Personal Data, or in the event you believe that the Personal Data we have about you is inaccurate, incomplete, misleading, or out of date.
- We take steps to share the updates to your Personal Data with third parties and our affiliates with whom we may have shared your Personal Data if necessary for the aforementioned purpose.
6. Accessing Your Personal Data
- You may request information about your Personal Data which we have collected, or inquire about the ways in which your Personal Data may have been used, disclosed, stored, or processed by us within the past year. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.
- We reserve the right to charge a reasonable administrative fee for the retrieval of your Personal Data records. In any case, you shall be informed of the fee before any such request is processed.
- We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within twenty-one (21) business days from the date of your request, we shall inform you in writing. If we are unable to provide you with any personal data 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 applicable data protection laws).
7. Security of Your Personal Data
- To safeguard your Personal Data from unauthorized access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification, or similar risks, we have introduced appropriate administrative, physical, and technical measures such as:
(a) restricting access to Personal Data to individuals who require access;
(b) maintaining technology products and systems to prevent unauthorized computer access; and
(c) using encryption technology when processing your financial details.
- If you believe that your privacy has been breached by CHERRY, please contact us immediately.
- 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.
8.Retention of Personal Data
- We shall only retain your Personal Data for as long as either is required of us by law or is relevant for the purposes for which it was collected.
- We shall cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the Personal Data was collected and is no longer necessary for any legal or business purpose.
9. Collection of Computer Data
- When you visit our website through your computer, mobile device, or any other device with Internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website. This data may include:
(a) your computer or device’s IP address;
(b) browser type;
(c) webpage you were visiting before you came to the Platform;
(d) the pages within the Platform which you visit; and
(e) the time spent on those pages, items and data searched for on the Platform, access times and dates, and other statistics.
- This data is collected for analysis and evaluation in order to help us improve our Platform and the services and products we provide.
- Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalize the content to match your preferred interests more quickly, and to make the Services and the Platform more convenient and useful to you.
- You may be able to manage and delete cookies through your browser or device settings. For more information on how to do so, visit the help material of your browser or device.
- Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.
10. CHERRY’s Right to Disclose Personal Data
- You acknowledge and agree that CHERRY has the right to disclose your Personal Data to any legal, regulatory, governmental, tax, law enforcement or other authorities, or the relevant right owners, if CHERRY has reasonable grounds to believe that the disclosure of your Personal Data is necessary for the purpose of meeting any obligations, requirements, or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, investigation, and/or request of any nature made by such parties. To the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against CHERRY for the disclosure of your Personal Data in these circumstances.
11. Third-Party Sites
- Our website may contain links to other websites and applications of interest operated by other parties not affiliated with us, such as merchants or payment gateways. We are not responsible for the privacy and security practices and policies of websites, services, or applications operated by any third parties which may be linked to or from our website. You are advised to check on the applicable privacy policies of those websites, services, or applications to determine how those third parties will handle any information they may collect from you.
12. Contact Information
- You may reach us via the following email address: email@example.com.