PRIVACY POLICY

This Privacy Policy details how Cloud Panda (such as its brands toktokdeliveries, toktokmall, toktokpabili, toktokgo, toktokload, toktokbills, toktokfood, etc) and its subsidiaries, and associate companies use your Personal Data. This Privacy Policy applies to our consumers, users, vendors, suppliers, partners (such as driver, delivery, and merchant partners), contractors, and service providers.

DEFINITION OF TERMS

We collect several different types of information for various purposes to provide and improve our Service to you.

"Personal Data" refers to information recorded in a material form or not, from which the identity of individuals 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. Common examples of personal data could include name, identification number, and contact information.

"Consent of the data subject" refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to do so.

"Data subject" refers to an individual whose personal information is processed.

"Direct marketing" refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals.

"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.

"Processing" refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

"Privileged information" refers to any form of data that under the Rules of Court and other pertinent laws constitutes privileged communication.

"Sensitive personal data" refers to personal information:

1. About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical, or political affiliations;
2. About an individual’s health, education, the genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
3. Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
4. Specifically established by an executive order or an act of Congress to be kept classified.

"Public authority" refers to any government entity created by the Constitution or law, and vested with law enforcement or regulatory authority and functions;
Cloud Panda collects, use, disclose or otherwise process your Personal Data under this Privacy Policy with your consent, or in compliance with applicable laws, such as where:

1. it is required to comply with legal requirements;
2. it is required to enter into or perform a contract with you; and
3. for our legitimate interests or the legitimate interests of any other persons, including but not limited to the purposes outlined in this Privacy Policy.

Collection of Personal Data

We collect Personal information about you in the ways listed below:

In the course of accessing and using apps, Cloud Panda may collect the following data:

1. Processing your account and application;
2. Managing and control of your use and access to the site;
3. Enforcement of the terms of use, as well as the conditions of your transaction within the platform;
4. Contact data, such as billing address, shipping address, email address, and phone numbers;
5. Updating your profile, preferences, and setting;
6. For identification and communication purposes;
7. Processing, updating, and recording your past and present orders;
8. To verify your identity and for background checks;
9. To store and back up your data; and
10. Any other purposes which we notify you of at the time of obtaining your consent.

Used Services

Personal Data may be collected through the use of our Apps, Websites, and Services. Some examples are:

1. your location information;
2. feedback, ratings, and compliments;
3. transaction information (such as payment method);
4. information about how you interacted with our Apps, Website, or Services (such as features used and content viewed);

Sensitive Personal Data

Some of the Personal Data that we collect may be sensitive. This may include Personal Data about your race, ID information, religion, background information (like financial and criminal records, where legally permissible), health data, and marital status. We only collect sensitive Personal Data with your consent and in strict compliance with applicable laws. If you are required to furnish any documentation or information to us for any purpose which may contain such sensitive Personal Data (which is not required for that Purpose), you agree to redact such sensitive Personal Data before providing such documentation or information to us.

Children’s Policy

As a parent or legal guardian, kindly do not allow minors under your care to submit Personal Data to our apps. If the Personal Data of a minor was disclosed to our apps, it will be assumed that it was consented by you as a result of this consent to the processing of the minor’s Personal Data you accept and agree to be bound by this Policy and take responsibility for his or her actions.

USE OF PERSONAL DATA

This Privacy Policy details how Cloud Panda (such as its brands toktokdeliveries, toktokmall, toktokpabili, toktokgo, toktokload, toktokbills, toktokfood, etc) and its subsidiaries, and associate companies use your Personal Data. This Privacy Policy applies to our consumers, users, vendors, suppliers, partners (such as driver, delivery, and merchant partners), contractors, and service providers.

Safety and Security

We use your data to ensure the safety and security of our Services and all users. This includes:

1. To comply with a legal obligation.
2. To protect and defend the rights or property of Cloud Panda
3. To prevent or investigate possible wrongdoing in connection with the Service.
4. To protect the personal safety of users of the Service or the public
5. To protect against legal liability.

User support

We use Personal Data to resolve user support issues. For example, we may:

1. investigate and address concerns;
2. monitor and improve our user support responses;
3. respond to questions, comments, and feedback; and
4. inform you about steps taken to resolve user support issues.

Research and development and security

The Personal Data collected will be used for testing, research, analysis, and product development. Allowing us to understand and study your needs and wants, protect your data, improve and enhance the safety and security of our Services, provide new features, products, and services, and facilitate the development of insurance and finance solutions.

Legal purposes

The Personal Data we collected may be used for legal purposes, such as to investigate and resolve claims or disputes, detect/prevent/prosecute crime, or as allowed or required by applicable law. We may also use your data when it is necessary or requested to do so by our legal advisors or any local legal, regulatory, governmental, or any authority.

For example, we may use your Personal Data to

1. comply with court orders or other legal, governmental, or regulatory requirements;
2. enforce our Terms of Service or other agreements; and
3. protect our rights or property in the event of a claim or dispute.

Marketing and promotions

Your Personal Data may be used to send you marketing communications relating to customized products or services, or toktok’s partners’, sponsors’, and advertisers’ products, services, events, or promotions. For example, we may:

1. send you special offers that may be of interest or relevance to you across all of toktok’s service offerings;
2. send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings; and
3. Notify, invite and manage your participation in our events or activities.

We may communicate such marketing to you by various means, where applicable (including by SMS, push notification, call, and email).

User-Published Content

If you publish any review or comment on toktok’s platform, it will be shown publicly along with your data and other information you choose to include in your content.

DISCLOSURE OF PERSONAL DATA

We need to share Personal Data with various parties for Purposes. These parties include

Other users

For example:

1. If you are a passenger of driver partners, we may share your username, pick-up and drop-off locations with our driver-partner fulfilling your Service request;
2. If you are a driver partner, we may share your Data with your passenger including your name and photo; your vehicle make, model, number plate, location, and average rating;
3. If you are a delivery partner, we may share your Data with your selected merchant and user, including your name and photo; your vehicle make, model, location, and average rating;
4. If you are using our toktokdelivery Service, we may share your Personal Data with the recipient of your parcel, and vice versa, as well as the delivery partner in charge of fulfilling your service request;

With third parties

Related to your use of toktok Services

For example:

1. If you are a passenger of driver partners, we may share a vehicle’s location and driver’s and/or your name with third parties when you use the “toktokgo” feature
2. If you are a driver-partner, we may disclose your vehicle plate number or other personal data to the insurance company and/or to your passenger for submission of insurance claims..

With toktok’s service providers and business partners

We may provide Personal Data to our vendors, consultants, marketing partners, research firms, and other service providers or business partners. This includes:

1. payment processors and facilitators;
2. debt collectors;
3. credit bureaus, alternative credit scoring agencies, and any other credit reporting organizations;
4. background check and anti-money laundering service providers;
5. cloud storage providers;
6. advertising and marketing partners and platform providers;
7. data analytics providers;
8. research partners, including those performing surveys or research projects in partnership with toktok or on toktok’s behalf;
9. educational and training institute partners;
10. merchant partners;
11. insurance and financing partners;
12. third party intermediaries involved in the managed investment of funds, such as brokers, asset managers, and custodians;
13. service providers who perform identity verification services; and
14. vehicle solutions partners, vendors or third-party vehicle suppliers.

For example:

1. If you wish to avail of a service through a Cloud Panda partner or use a promotion provided by a Cloud Panda partner, we may share your Personal Data with that partner.

Legal advisors and Governmental Authorities

Your Personal Data may be shared with our legal advisors, law enforcement officials, government authorities, and other third parties. This may take place to fulfill the legal purposes, or any of the following circumstances:

1. where it is necessary to respond to an emergency that threatens the life, health, or safety of a person; or
2. where it is necessary for the public interest (e.g. in a public health crisis, for contact tracing purposes and safeguarding our community).

BUSINESS PARTNERSHIP

Personal Data may be shared with other parties, in relation to any joint ventures, financing, partnership or any other type of business transaction. Your Personal Data will however remain subject to our obligations made in any pre-existing Privacy Policy that you have agreed to.

RETENTION OF PERSONAL DATA

We keep your Personal Data for as long as it is needed to fulfill the purposes of this Privacy Policy unless a longer retention period is required or allowed by law. Once your Personal Data is no longer needed for the Services or Purposes, or we no longer have a legal or business purpose for keeping your Personal Data, we take steps to erase, destroy, remove or prevent access to use your Personal Data for any purpose other than compliance with this Privacy Policy, or purposes of safety, security, fraud prevention, and detection, following the requirements of applicable laws.

TRACKING & COOKIES DATA

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

1. Session Cookies. We use Session Cookies to operate our Service.
2. Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
3. Security Cookies. We use Security Cookies for security purposes.

TRANSFER OF DATA

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.

If you are located outside the Philippines and choose to provide information to us, please note that we transfer the data, including Personal Data, to the Philippines and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Cloud Panda PH Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

PROTECTION OF PERSONAL DATA

We will take reasonable legal, organizational, and technical measures to ensure that your Personal Data is protected. This includes measures to prevent Personal Data from getting lost or used or accessed in an unauthorized way. We limit access to your Personal Data to our employees on a need-to-know basis. Those processing your Personal Data will only do so in an authorized manner and are required to treat your information with confidentiality.

Nevertheless, please understand that the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through any online means, therefore, any transmission remains at your own risk.

YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA

In accordance with applicable laws and regulations, you may be entitled to:

1. inquire about the processing of your Personal Data and be provided with a copy of it;
2. in some cases, request the correction and/or deletion of your Personal Data;
3. in some cases, request the restriction of or object to the processing of your Personal Data;
4. withdraw your consent to the processing of your Personal Data (where we are processing your Personal Data based on your consent);
5. request receipt or transmission to another organization, in a machine-readable form, of the Personal Data that you have provided to us where we are using your Personal Data based on consent or performance of a contract; and
6. Complain to the relevant data privacy authority if your data privacy rights are violated, or if you have suffered detriment as a result of the unlawful processing of your Personal Data.

You are given the option to share your Personal Data with us, you can always choose not to do so. If we have requested your consent to process it and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

However, choosing not to share your Personal Data with us, withdrawing your consent to our use of it or to your agreement with our Privacy Policy could mean that we are unable to perform the actions necessary to achieve the purposes of processing described in Use of Personal Data or that you are unable to make use of the Apps or the Services.

After you have chosen to withdraw your consent, we may be able to continue to process your Personal Data to the extent required or otherwise permitted by applicable laws and regulations.

We will screen and verify all requests beforehand. To verify your identity and/or authority to make the request, we may require you to provide supporting information or documentation to corroborate the request. Once verified, we will give effect to your request within the timelines prescribed by applicable laws.

AMENDMENTS AND UPDATES

Cloud Panda may update or amend the terms in this Privacy Policy from time to time. The updated version will be posted on the website https://toktok.ph/. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

HOW TO CONTACT US

Your queries, suggestions, and feedback are important to us. If you have any questions or concerns regarding our online platform and its use, feel free to chat contact us at:

1. (02) 8424 8617
2. [email protected]
3. [email protected]
4. [email protected]
5. [email protected]
6. [email protected]
7. [email protected]

You can also contact us via chat:

1. toktok deliveries: toktok.ph
2. toktokgo: toktokgo.ph
3. toktokfood: toktokfood.ph
4. toktokwallet: wallet.toktok.ph