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PRIVACY POLICY

1. PRIVACY NOTICE

1.1 This Privacy Notice (“Notice”) sets forth how the GENERAL HEAT CORPORATIONM (“Company”) manages, collects, uses, discloses or otherwise processes your Personal Data under Republic Act No. 10173 or Data Privacy Act of 2012 (“the Data Privacy Act”), its implementing rules and regulations, and the circulars and advisories of the National Privacy Commission of the Philippines, and other applicable laws. This Privacy Notice is designed to assist you in understanding how the Company manages, collects, uses, discloses and/or processes the Personal Data you have provided in order to assist you in making an informed decision before providing us with any of your Personal Data.

1.2 The Company recognizes the importance of your Personal Data and takes its responsibilities under the Data Privacy Act and other related laws seriously. The Company is committed to its responsibility to properly protect, manage, use and process your personal data and respect your data privacy rights. By using the Company’s online platforms and services, registering and submitting documents in the platform, ordering any product in the Company’s online platforms and/or pressing the “I Agree” and/or “Submit” button in the platform, as may be applicable, you acknowledge, agree and consent to the terms of this Notice and our privacy policies and practices as well as the collection, use, processing of your personal data in accordance with the law.

1.3 Please read and review this Notice thoroughly and carefully. We may also collect and process data which are not set out in this Notice when necessary under the circumstances. If you do not consent to the processing of your personal data as described in this Notice, please do not use our services or access our online platforms.

1.4 Under the Data Privacy Act, Personal Data refers to all types of personal information or any information, whether recorded in a material form or not, from which the identity of the 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.

1.5 We reserve the right to amend, revise and update this Notice at any time to ensure that it is consistent with the Data Privacy Act and other applicable laws, at our absolute discretion. If we change our Notice, all amendments, revisions, updates and additions will be posted in our online platforms. By using the Company’s online platform and services, you agree to be bound by the prevailing terms of the Notice.

1.6 If you have any questions regarding this Notice, our privacy policy and practices, please contact our Data Protection Officer on the contact numbers provided below.

2. COLLECTION METHOD

2.1 The Company will and/or may collect and process personal data about you through, but not limited to, the following circumstances:

(a) when you register and/or use or carry-out transactions through the Company’s online platforms and its services;

(b) when you provide and submit any form, including, but not limited to, Personal Data forms, or other forms relating to any of our products and services, whether online or by way of a physical form when applicable under the circumstances to us, our authorized representatives, or partner couriers and distributors;

(c) when you enter into any agreement or provide other documentation or information during any other interaction with us, or when you use any of our related services such as subscribing to our newsletter or product notifications;

(d) when you interact with us through our customer service team or other authorized representatives, such as through, but not limited to, the Company’s online platforms, telephone calls, letters, face-to- 1 face meetings, social media platforms and emails. This includes, information obtained through cookies which we may deploy when you access our online platforms;

(e) when you provide us with feedback or complaints through our online platforms or through any other means;

(f) when you register or participate in our promotions, contests, raffles and/or surveys;

(g) when you submit your Personal Data through your authorized representative(s) for any purpose authorized by you;

(h) when third parties and/or other service providers provide your Personal Data to which were collected and processed by them and disclosed to us pursuant to their privacy policies; and

(i) when you voluntarily submit your Personal data to us for any other reason or where such collection does not require consent under the applicable laws.

2.2 You shall warrant and ensure that all Personal Data you submitted to the Company is complete, accurate, true and correct. You shall indemnify and hold the Company free and harmless from and against all losses, damages, claims, suits, third party claims and legal proceedings, direct or indirect, arising from or in connection thereto.

2.3 The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.

3. PERSONAL INFORMATION THAT ARE COLLECTED

  • Full Name
  • Contact details such as telephone and mobile number
  • Billing, mailing and delivery addresses
  • Email address
  • Date of birth
  • Bank account, credit card and other payment information;
  • Gender
  • Interests
  • Recipient’s Full Name
  • Recipient’s Address
  • Recipient’s Contact Number
  • Network and device data
  • Internet Protocol (IP) address and device identifiers
  • Shopping or browsing habits or behaviors
  • Facial image
  • Voice recording
  • Information obtained through cookies
  • Any other Personal Data which you have provided us through any other means.

3.2 The Company may collect certain information by automated or passive means using a variety of technologies, which technologies may be downloaded to your device and may set or modify settings on your device. The information we collect may include, but not be limited to, the following:

  • Internet Protocol (IP) address
  • Computer/mobile device operating system
  • Browser type
  • Type of mobile device and the characteristics of the mobile device
  • Unique device identifier (UDID) or Mobile Equipment Identifier (MEID)
  • for your mobile device
  • Address of a referring web application, if any Pages you visit on our Online Platforms and the times of visit.

3.3 The Company may collect information about the location of your mobile device using technologies such as, but not limited to, GPS and Wi-Fi. You may withdraw your permission for us to acquire this information on your location through your device settings in your mobile devices. Please contact your mobile device manufacturer and/or your service provider or the device manufacturer if you have questions about how to disable your device’s location services.

3.4 If you do not want us to collect the foregoing information or Personal Data, you may opt out at any time by notifying our Data Protection Officer in writing about it through the contact details specified in this Notice. Note, however, that opting out or withdrawing your consent for us to collect, use or process your Personal Data may affect your use of the Company’s online platforms.

4. COOKIES

4.1 For the purpose of this section, “Cookies” are identifiers we transfer to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the services in the online platforms in the Company are used, the number of people who use the platform, and to track movements within our platform.

4.2 The Company may implement “cookies” or other features to allow us or third parties to collect or share information that will help us improve our online platforms and services and help us offer new services and features. We may link cookie information to personal data. Cookies also link to information regarding items you have selected for purchase and pages you have viewed. Cookies are also used to deliver content specific to your interest and to monitor your usage of our online platforms.

4.3 You may refuse the use of cookies by selecting the appropriate settings on your browser or devices. However, please note that if you do this you may not be able to use the full functionality of our online platform and services. You may deactivate cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser.

5. PURPOSES OF COLLECTION AND PROCESSING OF PERSONAL DATA

5.1 The Company may collect, use and/or process your Personal Data for the following purposes:

(a) to register, consider, maintain and/or process your application or transactions in the Company’s online platforms for the use of our services;

(b) to verify your identity and other personal identifiable information;

(c) to manage, operate, provide and/or administer your use of and/or access to our services through the Company’s online platforms and to facilitate the provision of our services through your shopping and browsing behaviors and preferences in order to display content according to such behaviors and preference;

(d) to ensure that the Company’s online platform and its services function properly and to improve their performance, by carrying out activities such as debugging, statistical analyses for optimizing the online platforms;

(e) to process your order for our products and services and your payment for the order or to deliver or perform the products or services you purchased, including disclosure of your Personal Data to our authorized representatives, partner couriers, and partner distributors for deliveries, or to process your returns or refunds, or to respond to, process, deal with or complete a transaction and/or to fulfill your requests for certain products and services, and to notify you of service issues and unusual account actions;

(f) to monitor and enforce compliance with our terms of use or any applicable end user license agreements;

(g) to protect personal safety and the rights, property or safety of others;

(h) to maintain and administer any software updates and/or other updates and support that may be required from time to time to ensure the smooth running of our services;

(i) to communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our online platforms, Notice or other terms and conditions, and (iii) matters relating to the operation of your account or to improve you customer experience when you visit our online platforms;

(j) to provide, or to deal with or facilitate customer service, carry out your instructions, deal with or respond to any inquiries given by (or purported to be given by) you or on your behalf;

(k) to contact you or communicate with you via call, text message, fax message, email and/or postal mail or any other means for the purposes of administering and/or managing your relationship with us or your use of our services, such as but not limited to the following purposes: (1) to produce statistics and research for internal and statutory reporting and/or record- keeping requirements; (2) to carry out due diligence or other screening activities; (3) to audit our services or the Company’s business to prevent or investigate any fraud, unlawful activity, omission or misconduct, whether relating to your use of our services or any other matter arising from your relationship with us, and whether or not there is any suspicion of the aforementioned;

(l) to conduct market and customer research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to analyze how you use our services, to improve our services or products and/or to enhance your customer experience;

(m) to allow for audits and surveys to, among other things, validate the size and composition of our target audience, and understand their experience with the Company’s online platform and services;

(n) to allow the Company to market its products and services as well as that of its partners, subsidiaries, affiliates, sponsors or advertisers or to promote a particular product or service as well as to enable them to deliver ads which are related to their products and services through sending alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, subsidiaries, affiliates sponsors or advertisers;

(o) to notify and invite you to events or activities organized by the Company, its partners, sponsors or advertisers;

(p) to process your registration to participate in or attend an event or activity of the Company, its partners, sponsors or advertisers and to communicate with you regarding your attendance at the event or activity through various modes of communication such as postal mail, SMS, phone call, email, or through any other means;

(q) to respond to legal processes or to comply with any applicable law, governmental or regulatory requirements of any relevant jurisdiction;

(r) to store, host, back up for recovery your Personal Data or for any other similar purposes, whether within or outside of your jurisdiction;

(s) to deal with and/or facilitate a business transaction or a potential business transaction, where such transaction involves the Company as a participant or involves only a related corporation, subsidiary or affiliate of the Company as a participant; and/or

(t) for any other purposes which are related to the foregoing and other purposes which we shall communicate to you to obtain your consent (collectively, the “Purposes”).

5.2 The processing of your personal information will depend on the circumstances. As such, other purposes for the processing of your Personal Data may not appear above. However, we will notify you of such other purpose at the time of obtaining your consent, unless processing of the applicable data without your consent is permitted by the applicable laws.

6. SECURITY MEASURES, STORAGE and RETENTION OF PERSONAL DATA

6.1 Organizational, physical and technical security measures are in place to ensure the security of your Personal Data in our systems. This includes putting in place reasonable security measures to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Data. However, we will not be responsible for any unauthorized use of Personal Data by third parties which is attributable to factors beyond our control.

6.2 Personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems.

6.3 The Company will retain personal data in accordance with the Data Privacy Act, its implementing rules and regulations and other related issuances and other applicable laws. The Company will dispose or anonymize your Personal Data, without prior notice to you subject to the requirements of the law, as soon as it is reasonable to assume that (i) the purpose for which that Personal Data was collected is no longer being served by the retention of such personal data and (ii) retention is no longer necessary for any legal or business purposes.

6.4 If you cease using the Company’s online platforms and services, the Company may continue storing, using and/or disclosing your personal data in accordance with this Notice and our obligations under applicable laws and as required by government authorities.

7. DISCLOSURE OF PERSONAL DATA and THIRD PARTY TRANSFER

7.1 In relation to our use of your Personal Data for the Purposes stated in this Notice, the Company may engage other companies, service providers or individuals to perform functions on its behalf, and consequently may provide access or disclose your Personal Data to such service providers or third parties. We will/may need to disclose your personal data to the following:

  • Third party service providers, including information technology (IT) service providers for infrastructure, software and development work, marketing research companies, professional advisors and external auditors, including legal advisors, financial advisors and consultants.
  • Governmental authorities to comply with statutory, regulatory and governmental requirements.
  • The Company’s subsidiaries, affiliates, partners, distributors, couriers, and sponsors.

7.2 You hereby acknowledge, agree and consent that we are permitted to disclose your Personal Data to such third parties (whether located within or outside the Philippines) for one or more of the above Purposes and for the said third parties to subsequently collect, use, disclose and/or process your Personal Data for one or more of the above Purposes.

7.3 Third parties may unlawfully intercept or access personal data transmitted to or contained on the Company’s online platforms or technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse your Personal Data through no fault of ours. The Company will deploy reasonable security arrangements to protect your personal data as required by the applicable laws. However, there is no guarantee of absolute security such as those arising from malicious and sophisticated hacking through no fault of ours. In case of breach of Personal Data, the Company shall report the same to the National Privacy Commission in accordance with the breach reporting procedures specified under the Data Privacy Act.

7.4 We may also disclose your Personal Data (a) for other purposes which are reasonably related to the Purposes or (b) in circumstances where such disclosure does not require consent under the applicable laws.

8. CROSS BORDER TRANSFER OF PERSONAL DATA

8.1 Your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than the Philippines such as in cases where servers are located outside the Philippines. You understand and consent to the transfer of your Personal Data out the Philippines as described herein.

9. PARTICIPATION OF DATA SUBJECT

9.1 If you wish to withdraw your consent to any marketing or promotional information provided by the Company, you may click on the link “Unsubscribe” which is embedded in the relevant email or by 5 contacting or emailing our Data Protection Officer at the contact details and email address provided below.

9.2 If you wish to revoke the consent that the Company has obtained from you for the Purposes stipulated herein, please notify the Company by contacting or emailing our Data Protection Officer at the contact details provided below.

9.3 You may withdraw your consent for the collection, use and/or disclosure of any of your Personal Data in our possession or under our control by contacting our Data Protection Officer or submitting a written request via email to our Data Protection Officer at the email address provided below. However, after such withdrawal, we may not be able to continue to provide you with some or all of our products or services. We will process such a request within a reasonable time from receiving notice from you of your withdrawal of consent.

9.4 You may request for access to and/or correction of your Personal Data, limit the processing of your Personal Data and/or make any inquiries regarding your Personal Data by contacting the Company’s Data Protection Officer in the contact details and email address stated below.

9.5 If you do not wish for your Personal Data to be collected via cookies on the online platforms, you may deactivate cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser.

10. THIRD-PARTY WEBSITES

10.1 The online platforms may contain links to third-party websites. Please note that the Company is not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. If you provide information directly to such sites, the privacy policy, notices and terms of service on those sites are applicable and the Company is not responsible for the information processing practices or privacy policies of such sites.

11. PERSONAL INFORMATION FROM MINORS AND OTHER INDIVIDUALS

11.1 As a parent or legal guardian, please do not allow minors under your care to submit Personal Data to the Company. In the event that such Personal Data is provided to the Company, you hereby consent to the processing of the minor’s Personal Data and personally accept and agree to be bound by this Notice and take responsibility for his or her actions.

11.2 In some circumstances that you may have provided Personal Data relating to other individuals (such as your spouse, family members or friends), you represent and warrant that you are authorized to provide their Personal Data to the Company and you have obtained their consent for their Personal Data to be processed and used in the manner as set forth in this Notice.

12. ACKNOWLEDGEMENT AND CONSENT

12.1 By accessing the online platforms and services, registering, communicating with the Company, using the Company’s services, purchasing products from the Company or by virtue of any other engagement with the Company, or by clicking the “I Agree” or “Submit” button, when applicable, you acknowledge that you have read and understood this Policy and agree and consent to the collection, use, storage, retention, transfer and processing of your Personal Data by the Company as described in this Notice.

12.2 The Company reserves the right to amend, revise and update this Notice at any time to ensure that it is consistent with the applicable laws at our absolute discretion. All amendments, revisions, updates and 6 additions which will be posted in the Company’s online platforms. Subject to your rights under the applicable laws, you agree to be bound by the prevailing terms of the Notice. By continuing to access the Company’s online platforms, communicate with the Company, use the Company’s services, purchase products from the Company or by your continued engagement with the Company, you signify your acceptance of such modifications, updates or amendments. Any amended Policy will be posted on our website and can be viewed at https://lagermaniaph.com/privacy-policy/.

12.3 By (1) clicking “Yes” on our Privacy Policy or Privacy Notice pop-up or any web form referring to the amended Notice on any of our online platforms, (2) submitting your Personal Data to us when signing up for an account on the Company’s online platforms, or (3) ordering any of our products and services, you are agreeing to the terms of the amended Policy.

12.4 You are encouraged to visit https://lagermaniaph.com/privacy-policy/ from time to time to ensure that you are well-informed of our latest policies in relation to Personal Data protection.

13. GOVERNING LAW

13.1 This Policy and your use of this online platform shall be governed in all respects by the laws of the Philippines.

14. DATA PROTECTION OFFICER

For any questions or complaints relating to your Personal Data or about this Notice, you may contact our Data Protection Officer via one of the following methods:

NAME OF DATA PROTECTION OFFICER: Julius Meko C. Libuit
a. Contact number : +63(2) 812-2540-47
b. Email address : dpo@generalheat.com.ph
c. Office address : 2262 Chino Roces Ave. Extn., Makati City, Philippines

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