Privacy Policy & Terms of Use

iBay Digital Market Platform

Ibay is a digital market, online and mobile platform designed to help the residents of the host and adjacent municipalities to conduct online purchases of various products and ride hailing. Given the information provided by all stakeholders, there is a need to formulate a privacy policy designed to protect the participants and stakeholders.

Please read this privacy policy carefully.

By clicking or checking "sign up", "i agree to Ibay's privacy policy", you agree and consent to the collection, use, disclosure, storage, transfer and/or processing of your personal data for the purpose stated in, and under the terms of, Ibay's privacy policy" or similar statements available at the Ibay's registration page or in the course of providing you with the services or access to the platform, you expressly acknowledge that you have read and understood the terms of this privacy policy and that you have agreed and consented to the collection, use, disclosure, storage, transfer and/or processing of your personal data as described and under the terms herein.

1. Introduction to this Privacy Policy

1.1. Ibay handles your privacy seriously. Where applicable, this Privacy Policy should be read in conjunction with Republic Act 10173 or the Data Privacy Act of 2012.

1.2. In the course of providing you with the services or access to the Platform, we will be collecting, using, disclosing, storing and/or processing data, including your personal data. In this Privacy Policy, "Platform" shall also refer to the relevant seller platform(s).

1.3. This Privacy Policy exists to keep you informed about how we collect, use, disclose, store and/or process the data we receive in the course of providing the Services or access to the Platform to you, whether you are using our Platform as buyer, seller or service provider. We will only collect, use, disclose, store and/or process your personal data in accordance with this Privacy Policy.

1.4. It is important that you read this Privacy Policy together with any other applicable notices we may provide on specific or periodic occasions when we are collecting, using, disclosing and/or processing your personal data, so that you are fully aware of how and why we are using them.

1.5. We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be reflected on this page and material changes will be made known to you. Where permissible under applicable laws, your continued use of the Services or access to the Platform, including placing Orders on the Platform, or express consent thereto, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy. You agree that it is your responsibility to check back frequently to see any updates or changes to this Privacy Policy.

1.6. All of these terms apply to Ibay's users, whether buyers or sellers, unless otherwise stated specifically to apply only to buyers or only to sellers.

2. The Personal Data We Collect From You

2.1. Personal data means any information about an individual, whether recorded in a material form or not and whether true or not, who can be identified from that data (whether directly or indirectly), or from that data and other data to which we have or are likely to have access.

2.2. During the course of your use of the Platform and access to the Services, we may collect personal data about you, as follows:

(a) Where you are a Buyer:

(i) Identity data, such as your name, gender, profile picture, and date of birth;
(ii) Contact data, such as billing address, delivery address, email address and phone numbers;
(iii) Transaction data, such as details about orders, payments, place/s of availment, and other details of products and Services related to you;
(iv) Profile data, such as your username, orders related to you, your interests, preferences, feedback and survey responses;
(v) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
(vi) Marketing and communications data, such as your preferences in receiving marketing from us and your communication preferences;
(vii) Additional and other information we may request from you for due diligence or checkings as required for identity verification (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.

(b) Where you are a Seller or Service provider:

(i) Identity and contact data, such as your name, date of birth or incorporation, company name, address, email address, phone number, affiliations and other business-related information;
(ii) Transaction data, such as details about orders and payments, and other details of products and Services related to you or your business;
(iii) Profile data, such as your username, orders related to you, your interests, preferences, feedback and survey responses;
(iv) Usage data, such as information on how you use the Platform, products and Services or view any content on the Platform, including the time spent on the Platform, items and data searched for on the Platform, access times and dates, as well as websites you were visiting before you came to the Platform and other similar statistics;
(v) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to the Platform;
(vi) Marketing and communications data, such as your preferences in receiving marketing from us and your communication preferences;
(viii) Additional information we may request you to submit for authentication (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.

How we receive your personal data

2.3. During the course of your use of the Platform and our provision of the Services, we may receive personal data from you in the situations, as follows:

(a) When you create an account with us (as buyer, seller or service provider);
(b) When, as a seller or service provider, you list products and/or services for sale on the Platform and consider or conduct transactions with buyers in respect of the sale, provision/or and purchase of those products and/or services through the Platform;
(c) When you apply for, subscribe to or otherwise use any of the Services of Ibay;
(d) When you make a transaction regarding the products available on the Platform;
(e) When you use the chat or interactive features or functions on the Platform;
(f) When you participate in any activity or campaign on or through the Platform;
(g) When you log in to your account on the Platform or otherwise interact with us via an external service or application, such as Facebook or Google;
(h) When a third party lodges a grievance or complaint against you or the content you have posted on the Platform;
(p) When you interact with us offline, including when you interact with our staff, employees or representatives.

2.4. We may collect and store personal data from you, your representatives, third parties (including but not limited to, vendors, partners and any others who provide services to us, who collect your personal information and/or perform functions on our behalf, or with whom we collaborate, including but not limited to, government sources of data, delivery, marketing and other service partners), our affiliates, partners, or such data may be collected automatically when you access or use the Platform or the Services.

2.5. You must only submit and disclose personal data or information which is accurate, correct, true and not misleading and you must keep it up to date and inform us of any changes to the personal data or information you have provided us. We shall have the right to request for documentation and carry out the necessary checkings or investigation to verify the correctness, accuracy and truthfulness of the personal data provided by you as part of our user verification processes or as required under law.

2.6. We will only be able to collect certain categories of personal data if you voluntarily provide the personal data or information to us or as otherwise provided for under this Privacy Policy. If you choose not to provide your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with certain features or functionality on the Services or access, whether partial or complete, to the Platform.

2.9. If you sign up to be a user on our Platform using your social media account or link your Ibay's account to your social media account, we may access personal data about you which you have voluntarily provided in or through your social media provider in accordance with the provider's policies and we will manage your personal data in accordance with this Privacy Policy.

3. Disclosure and Use of Your Personal Data

Purpose of Use

3.1. The personal data we collect from you or via third parties may be used for certain purposes, as follows:

(a) Where you are a Buyer:

(i) Processing your order for products

To check and verify your identity
To take and process orders you submit through the Platform;
To deliver the products you have purchased through the Platform. We may pass your personal information on to a third party (e.g. delivery man/delivery app services) in order to deliver the product or provide the services to you;
To update you on the delivery of the products;
To provide customer support for your orders;
To verify and carry out payment transactions in relation to payments related to you and/or Services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers.

(ii) Providing Services

To facilitate your use of the Services or access to the Platform;
To administer your account (if any) with us;
To display your name, username or profile on the Platform (including on any reviews you may post);
To respond to your queries, feedback, claims, grievances or disputes;
To allow other users to identify you (via the "Find my friends" or any other similar function) as a user of the Service, to allow you to find other users and to connect with them on the Platform, and to support the social aspects or functions of the Services (where applicable);

(iii) Marketing and advertising

To provide you with information we think you may find useful or which you have requested from us;
To help us conduct marketing and advertising;
To promote the Services and use information that you give to us, such as user-generated content (including video content) that you can choose to upload or broadcast on our Platform and will be accessible on the Internet and may be shared by the public (the latter of which is not within our control),
As part of our advertising and marketing campaigns to promote the Platform, products or services offered in the Platform.

(iv) Legal and operational purposes

To ascertain your identity in connection with fraud detection purposes;
To compare information, and verify with third parties in order to ensure that the information is accurate, true and/or correct;
To process any claims, grievances, complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to the Platform;
To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
To store, host, back up your personal data;
To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our Services or any other matter arising from your relationship with us;
Where necessary to prevent a threat to life, health or safety.

(v) Analytics, research, business and development

To understand your user experience with the Services and the Platform;
To improve the layout or content of the pages of the Platform and customize them for users, merchants, service providers or riders;
To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
To conduct data analysis, testing and research, monitoring and analyzing usage and activity trends;
To further develop our products and services;
To know our users better.

4. Withdrawal of Consent to Continued Use, Disclosure, Storing and/or Processing of Personal Data

4.1. You may communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your personal data by contacting us using the contact details below, subject to the conditions and/or limitations imposed by applicable laws or regulations.

4.2. In the event that you withdraw your consent to our use, disclosure, storing or processing of your personal data or information for the purposes and in the manner as stated above, or exercise your other rights as available under applicable local laws, we may not be able to continue to give you further access to the Platform, provide the Services to you or perform any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, provide you access to the Platform or perform our contract with you. Exercise of our legal rights and remedies under any provision of law, rules or regulations are expressly reserved in such an event.

Marketing information

4.3. You may unsubscribe from receiving marketing information at any time in our mobile application settings or by using the unsubscribe function within the electronic marketing material.

5. Updating Your Personal Data

5.1. It is important that the personal data you provide to us is accurate, true, correct and complete for you to continue Accessing or using the Platform and for us to provide the Services. You are responsible for informing us of any changes to your personal data, relevant or not, or in the event you believe that the personal data we have about you is inaccurate, incomplete, false, misleading or out of date.

5.2. You can update or correct your personal data anytime by accessing your account on the Platform.

5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.

5.4. In providing your data, accessing or using the Platform, you expressly agree that the information you provide are true, correct, accurate and not misleading. In the event that the information you provide us is false, inaccurate or misleading, we reserve the right to terminate your access or use of the Platform without prior notice, and notify our accredited merchants, service providers and other users of such false, inaccurate or misleading information to caution them. This is without prejudice to any legal remedy we may avail under any provision of law, rules and regulations.

6. Accessing and Correcting Your Personal Data

6.1. You may request information about your personal data which we have collected, or inquired about the ways in which your personal data may have been used, disclosed, stored or processed by us via the personal account information setting on our Platform or by contacting us using the contact details below. You may also request correction of any error or omission in your personal data which we have collected in the same way. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request. We may refuse such correction requests if we deem it to be false, inaccurate, untrue, vexatious or unreasonable.

7. Security of Your Personal Data

7.1. 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 to prevent unauthorized computer access;
(c) implementing other security measures as required by applicable law.

7.2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. Accordingly, you hereby agree to waive and hold the Platform, the owners, shareholders, officers, directors, employees and representatives of Ibay and Ibaytech from any and all claims and liabilities arising out of, resulting from or occasioned by intentional breach, hacking, willful and unauthorized access or use of the Platform or your personal data or information caused or made by third parties, known or unknown, or those of which the Provider, its owners, shareholders, officers, directors, employees and representatives has no fault or negligence. Be that as it may, and 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

8.1. We will only retain your personal data for as long as we are either required or permitted to by law or as relevant for the purposes for which it was collected.

8.2. We will 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. Questions, Feedback, Concerns, Suggestions or Complaints

9.1. If you have any queries or complaints about this Privacy Policy or how we handle your personal data, please feel free to contact us via our online chat service or as follows:

Email: info@ibaytechnologies.com

Mobile No.: +63 9171274229

9.2. You may communicate your request to the blocking, removal or destruction of your personal data in the manner stated above at any time. Ibay may grant such request where allowed under the Data Privacy Act and other relevant laws.

9.3. Upon presentation of a valid decision, we recognize the rights of the data subjects to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, taking into account any violation of the rights and freedoms as a data subject.

9.4. Without prejudice to the other terms and conditions provided hereunder, your personal data shall be stored until your request to delete your personal data and/or deactivate your Ibay's user account with us.

10. Other Terms

10.1. Interpretation. This contract will be construed, interpreted, and applied according to the laws of the Philippines.

10.2. Arbitration. Any Dispute arising from this Privacy Policy and Terms of Use shall be settled by arbitration in accordance with the Laws/Rules on Arbitration of the Philippines. The arbitration shall be held in Metro Manila, Philippines. The arbitration proceedings shall be conducted, and the award shall be rendered, in the English language.

10.3. Venue. In the event of claim or litigation, you agree that the venue shall be in the proper courts of Iba, Zambales to the exclusion of other courts.

10.4. Severability Clause. In the event that any provision, clause or part of this Privacy Policy and Term of Use is declared to be invalid by any competent court, tribunal or agency, the remaining provisions, clauses or portions shall remain valid and in full force and effect.