Last Modified: October 2021
End User Consent Regarding Personal Data Privacy and Protection
1. By using the software application and services licensed by XPlus Cloud Solutions, Inc. (“we”, “our”, “us”) (“Application”), you, the “User”, agree to the terms and conditions in relation to the collection, use and disclosure of your Personal Data (as defined below) (“T&Cs”). Please read the T&Cs carefully to confirm your acknowledgement and acceptance.
2. Collection of Personal Data
2.1 We initially received and collected your Personal Data-specifically your name, mobile number and email address- for registration with our system and use of the Application.
2.2 For the purposes of these T&Cs, “Personal Data” refers to any data, whether true or not, about an individual (including, but not limited to, the User) who can be identified from that data, or from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time. This may include data such as (a) your name, (b) email address (c) your phone number, (d) your screen, logs and operation history of the Application, (e) information which you enter into the Application, (f) your location from time to time derived from the Application and (g) any other Personal Data necessary for our Purposes (as defined in paragraph 4 below). No Sensitive Personal Information, as defined under the DPA shall be used, processed, or disclosed.
3. Disclosure of Personal Data
Your name, email and mobile phone number was disclosed to us by your company that we are under contract with for the sole purpose of registration with the XPlus system. Your Personal Data and other data as enumerated in section 2.2 are stored in and processed by Google Cloud Platform, a third-party service provider who, in compliance with data privacy laws, provide cloud hosting, storage and processing services for and on behalf of us. Your personal data may be disclosed to government authorities and departments, statutory boards, and law enforcement agencies as required by any applicable laws, rules, guidelines and regulations imposed by any government to bodies and authorities.
4. Use of Personal Data and Purposes
4.1 We may collect, use and disclose your Personal Data for the following purposes:
(a) verifying your identity for access to our application;
(b) fulfil your requests for, and enable your use of, our features, products and services;
(c) evaluation of the effectiveness of the Application and improvement of or other enhancements to the Application;
(d) conclusion and performance of our service contract with your company;
(e) communicate with you, to respond to your questions or comments;
(f) operations related requirements (including, but not limited to, security and risk management, internal audits and regulatory compliance);
(collectively, the “Purposes”).
5. In the Philippines, the collection, use and disclosure of Personal Data are subject to the Data Privacy Act of 2012 (RA 10173) (the “DPA”). We conduct our business in compliance with the DPA, in particular:
5.1 Transfer of Personal Data outside of the Philippines. We do not transfer your Personal Data to any organization outside of the Philippines except for data that are hosted and stored in Google Cloud with data center located in Ohio, USA. We will always strive to ensure that any Personal Data stored in Google Cloud are bound by legally enforceable obligations and are provided a standard of protection that is at least comparable to the protection under the DPA.
5.2 Withdrawal of User Consent. The User may withdraw consent to the collection, use and/or disclosure of his/her Personal Data by giving us reasonable notice. The User should be aware that the withdrawal of such consent, may result, amongst others, in the User being unable to continue using the Application or any other services under our service contract with your company.
The User’s request for withdrawal of consent can take the form of an email to your company that provided XPlus your name and personal data or to firstname.lastname@example.org or mail to unit 207, Fel-Ouano Center, National Highway, Maguikay, Mandaue City, Cebu.
5.3 Accuracy and Updating of Personal Data. We will strive to keep Personal Data accurate and complete. You warrant and undertake to us that all your Personal Data submitted to us is accurate, true and correct. You shall have the right to correct any inaccurate personal data in our system by written notice to the addresses stated in the previous section.
5.4 Security of Personal Data. Safeguarding and respecting the confidentiality of Personal Data is important to us. We will use all reasonable efforts to protect Personal Data to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks.
The Personal Data provided to us are stored on secure servers. We also have security measures in place to protect against unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks of Personal Data under our control. However, please note that, to the extent allowed under applicable laws, we will not be held liable or responsible for any loss, misuse or alteration of Personal Data that may be caused solely by third parties.
5.5 Retention of Personal Data. We will only retain Personal Data for only as long as there is a business or legal purpose as enumerated in paragraph 4. In the event that retention of Personal Data is no longer necessary for any business or legal purposes or when you or your company has advised us to remove you as a registrant in the XPlus system and authorized user of our Application, we will remove, destroy or anonymize your stored Personal Data.
5.6 Breaches of T&Cs. If you believe that we have not complied with these T&Cs, or any other applicable privacy or data protection laws or regulations which may apply to us, you could make a complaint in the first instance to your company that provided us your personal data during the registration process with XPlus. You can also make a complaint to us, without prejudice to your remedies under applicable laws. You should address your complaint in writing to our administrator at email@example.com and you should include as much detail as you can about the Personal Data affected, and the circumstances that you believe amount to a breach of these T&Cs or the applicable privacy or data protection law or regulation.
6. Changes to these T&Cs. We reserve the right to modify and update these T&Cs at any time to ensure it is consistent with industry trends and/or any changes in legal or regulatory requirements. We shall promptly notify you of any such updates or modifications before their effectivity.
7. Governing Law. This Data Protection Policy shall be governed in all respects by the laws of Philippines.