Privacy Notice

PRIVACY NOTICE

Registered Business Name, a corporation duly organized and existing under Philippine laws, with business address at Registered Business Address (including its affiliates and subsidiaries, “Fruits in Ice Cream”) is committed to protecting your privacy and developing technology that gives you a powerful but secure and safe online experience.

This Privacy Notice (the “Privacy Notice”) applies to and governs data collection, recording, updating, modification or corrections, usage, sharing, storage, retention and destruction or disposition (collectively, “data processing”) by Fruits in Ice Cream in the websites owned and/or operated by Fruits in Ice Cream, including the website you are currently accessing (the “Website”). You are hereby requested to accept and consent to the data processing rules and practices described in this Privacy Notice so that you may continue to use and enjoy the Website.

Insofar as Fruits in Ice Cream processes your personal data for purposes of using and enjoying the Website, Fruits in Ice Cream shall comply with its obligations on data privacy, as specified in Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, its implementing rules and regulations, and all other relevant data privacy laws. Where applicable, Fruits in Ice Cream shall likewise comply with relevant data privacy laws of the country or territory where you are a citizen, a resident or otherwise accessing the Website.

Fruits in Ice Cream encourages you to review the privacy statements or policies of websites you choose to link to from the Website (the “Linked Sites”) so that you can understand how these Linked Sites collect, use and share your information. Fruits in Ice Cream is not responsible for the privacy statements or policies or other content on websites downloaded from the Website and other websites operated by third parties.

I. Data Processing

Fruits in Ice Cream’s activities, procedures and objectives in relation to data processing are guided by, consistent with and pursuant to the principles of transparency, legitimate purpose and proportionality as provided by law.

A. Data Collection:

1. Personal Information you provide to Fruits in Ice Cream:

To allow you to access and/or use the Website, including the creation, registration or maintenance of a user account specific to you (the “Account”), Fruits in Ice Cream may ask you to provide certain contact and personal identifiable details, such as your name, e-mail, home, work or some other address, telephone numbers (landline or mobile), as well as sensitive personal information, such as nationality, birthday, marital status, gender, educational attainment, occupation, religious, philosophical or political affiliations, family background, government-issued data like social security number and passport details. Fruits in Ice Cream also collects anonymous demographic information, which is not unique to you, such as your ZIP code, preferences, interests and favorites. Please note that providing additional information about yourself may reveal your identity even when using the Website as “Anonymous” user.

Further information may be collected when Fruits in Ice Cream exchanges communications with you, for example, if you submit a request, contact Fruits in Ice Cream’s support team, or report a violation or complaint to Fruits in Ice Cream’s Data Privacy Officer at email address of DPO in accordance with your rights as provided below.

Any such information you provide Fruits in Ice Cream is used for its internal purpose only and/or in connection with the Website, and will be treated with utmost confidentiality.

Any false, incorrect, or outdated information may impair Fruits in Ice Cream’s ability to provide you with the Website and to contact you when necessary. Fruits in Ice Cream will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to continue to use the Website.
Content or materials you upload and any other information you submit in the Website will be posted along with other personally identifiable information. Therefore, you must exercise caution and common sense when submitting these content, materials or information. At the very least, you should demonstrate the same degree of caution as when publishing personal information by means other than the Internet and cellular services.

2. Account Log-in Details you will use

In the event that you are required to log-in to your Account to access certain features of the website, you must use your username and password that you have selected for your Account (the “Account Log-in Details”). Fruits in Ice Cream may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Website or for accessing certain features or designated sections of the Website.

Please note that the Account Log-in Details will be used to identify you when you use the Website. Your username will be included along with any information you submit for posting. It will therefore be visible to others.

Your Account Log-in Details are under your responsibility. You are fully accountable for any use or misuse of your Account and personal information as a result of conveying your Account Log-in Details to someone else. You must maintain your Account Log-in Details in absolute confidentiality and avoid disclosing them to others. We encourage you to change your password frequently and at least once every six (6) months.

3. Meta-data that Fruits in Ice Cream collects from your use of the Website and view of sponsored Content

Fruits in Ice Cream keeps track of your surfing and browsing of the Website and its Linked Sites, collects information about your use of the Website, and may collect information about the services that you use and how you use them, like when you visit different parts of the Website or view its sponsored content, and what selections you make.

Fruits in Ice Cream may also automatically collect certain technical information such as:

(a) Device information. Fruits in Ice Cream may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile information if you use a mobile device to access the site);

(b) Log information. When you use the services or view content provided by Fruits in Ice Cream, Fruits in Ice Cream may automatically collect and store certain information in server logs. This information may include: details of how you used our service, such as your navigation paths and search queries;
mobile related information if you access the Website using your mobile device; internet protocol address; device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL; and cookies that may uniquely identify your browser or your account.

For example, Fruits in Ice Cream may record the frequency and scope of your use of the Website, the duration of your sessions, the web pages that you visit, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties, the Internet Protocol (IP) address and the name of the domain that serve you to access the Website, and the geographic location of the computer system that you are using to log-in. Such data is usually automatically collected and stored among others in log files of the Website’s computer servers.

(c) Location and/or Route Information. Whether as “Anonymous” or as registered user, when you use your Mobile Phone with a copy of the Website, Fruits in Ice Cream collects your location and route information. Fruits in Ice Cream uses that information to provide you and other users with the Website. Fruits in Ice Cream may make further use of your location and route information by providing you information about sites, shops and other places and attractions in your close vicinity.

4. Cookies

Fruits in Ice Cream may install “cookies” to help you personalize your experience with the Website. A “cookie” is a HTTP file that is placed on your browser by a web page server. Cookies cannot be used to run programs or deliver viruses to your device. Cookies are uniquely assigned to you, and can only be read by the web page server of the Website that issued the cookie to you.

You can accept or decline cookies by modifying your browser setting to decline cookies if you prefer. Unless you have modified your browser setting to decline the cookie, if you continue to use the Website, the cookie will be automatically installed. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website or the Linked Sites you visit.

One of the primary purposes of cookies is to provide a convenience feature to save you time by informing the web server that you have returned to a specific page. For example, if you personalize the website pages, or register with Linked Sites or services, a cookie helps the Website to recall your behavioral information on subsequent visits. When you return to the Website, your behavioral information from your previous visits can be retrieved, so the Website and its features can be customized based on your data.

For more information on our Cookie Policy, click here (link).

5. Information collected by the government

You acknowledge that, pursuant to Republic Act No. 10175, or the Cybercrime Prevention Act of 2015 (the “Cybercrime Law”), law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

Pursuant to the Cybercrime Law, the integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

B. Data Usage:

1. Performance of services

The information gathered by Fruits in Ice Cream about you is used to operate the Website and deliver the services you have requested.

2. Behavior Tracking for Customer Customization

Fruits in Ice Cream keeps track of your surfing and browsing of the Website and its Linked Sites, essentially logging information about the sections and web pages that you visit and the actions you take. Fruits in Ice Cream monitors these connections in order to determine what Fruits in Ice Cream services are most popular and use this data to deliver customized content and advertising within the Website to customers whose behavior indicates that they are interested in a particular subject area. Generally, Fruits in Ice Cream monitors your browsing behavior to give you – the customer – the most efficient service and the most satisfactory experience that Fruits in Ice Cream can provide.

If you do not wish Fruits in Ice Cream to track your behavior in our Website, your option is limited to closing the Website.

3. Marketing, Promotions and Surveys

Fruits in Ice Cream also uses your personal data to inform you of other products or services available from Fruits in Ice Cream, its affiliates, subsidiaries and external business partners. Thus, Fruits in Ice Cream may contact you for any or all of the purposes below:

(a) to market, promote and advertise our products, services, events, initiatives and activities;
(b) to customize our advertising, promotional and marketing activities;
(c) to conduct research, surveys and perform statistical analyses of user behavior in order to measure relative consumer interest in our various products, services and activities; and
(d) to promote and manage our customer loyalty program(s).

From time to time, Fruits in Ice Cream may also contact you to participate in surveys on your opinion of current services or of potential new services that may be offered by Fruits in Ice Cream, its affiliates, subsidiaries or partners. Your participation in the survey is optional and not a condition for the continued use or access to the Website.

4. Aggregated Data and Analytics

Fruits in Ice Cream may also use collected data to create aggregated anonymous data and to use and share such data with its affiliates, subsidiaries, external business partners and Trusted Contractors (as defined below), for research, analysis and evaluation to improve Fruits in Ice Cream’s performance and delivery of services. Fruits in Ice Cream shall make commercially reasonable efforts to remove or obscure your personally identifiable information that are used for aggregated and analytics purposes.

C. Data Sharing:

1. Cross-Promotions with Fruits in Ice Cream, Affiliates, Subsidiaries, and External Business Partners

Fruits in Ice Cream may, from time to time, contact you on behalf of its affiliates, subsidiaries and external business partners about a particular offering that may be of interest to you. In these cases, your unique personally identifiable information is not transferred to the affiliate, subsidiary or external business partners.

2. Services of Trusted Contractors engaged by Fruits in Ice Cream

Fruits in Ice Cream has contracted and may further contract trusted third party service providers to perform certain activities on behalf of Fruits in Ice Cream, to help Fruits in Ice Cream in delivering the services to you, or to help Fruits in Ice Cream in performing statistical analysis, sending you email or postal mail, providing customer support or arrangement for deliveries (“Trusted Contractors”). These Trusted Contractors may have access to, process, record, use, store, retain, or destroy, your personal data for the purposes stated in this Privacy Notice. All such Trusted Contractors are prohibited from using your personal data except to provide these services to Fruits in Ice Cream, and are required to keep and maintain the confidentiality of your data. Fruits in Ice Cream shall be responsible to you for safeguarding your personal information, unless you have entered into an agreement with such Trusted Contractor that would directly allow them to use and disclose your personally identifiable information.

Please note that Fruits in Ice Cream shall never sell, rent or lease its customer lists to third parties.

3. Disclosures

Except as otherwise expressly provided in this Privacy Notice or in the Terms of Use of the Website or as otherwise expressly authorized by you, Fruits in Ice Cream will not give any of your personal information to any third party. However, Fruits in Ice Cream does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties. Further, you hereby acknowledge that Fruits in Ice Cream may have to disclose such information to its authorized agents or representatives, employees, consultants, and personnel on a need-to-know basis in any and all instances when such disclosure is necessary for the execution of efforts geared towards overall customer satisfaction, which include information dissemination through marketing or telemarketing of Fruits in Ice Cream and its subsidiaries’ and affiliates’ products and other means, facilitating services requests and maintenance work, and the like. Furthermore, Fruits in Ice Cream can (and you authorize us to) disclose any information about you to private entities, law enforcement agencies or government officials, as Fruits in Ice Cream, in its sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries, or as otherwise required by law, regulation, legal process or governmental request or in order to comply with an investigatory, legal, regulatory or administrative proceeding (including a subpoena, civil investigative demand or similar process) or a court order, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fruits in Ice Cream’s sole discretion.

Nonetheless, Fruits in Ice Cream does not disclose sensitive personal information without your explicit consent.

4. Community Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Community Services”). Fruits in Ice Cream has no obligation to monitor the Community Services. You agree to use the Community Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree to be responsible for any personally identifiable information or personally sensitive data that you disclose through the Community Services, which may be collected and used by any third party.

5. Integration with social networks

You may choose to share information between your Account and your social network accounts (such as Facebook, YouTube, Instagram, Twitter). Through this option, you may choose to have personal information and other content about you available from social networks, transmitted and shared through the Website. Similarly, you may choose to have personal information and other content about you available from Fruits in Ice Cream, including your location and route information, transmitted to and shared through your social network account if you choose to share this information.

When you connect to the social network account through the Website for the first time or otherwise make the Website interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Website. Fruits in Ice Cream collects your information from your social networks account only in accordance with your privacy settings you have set up under your social networks accounts. Accordingly, Fruits in Ice Cream only collects such information which you allowed the social network(s) to share with third parties (such as your name, email address, list of friends, profile picture, other information you make publicly available via the applicable social network and/or other information you authorize us to access by authorizing the social network to provide such information) subject to the privacy settings that you have set in such social network accounts. You understand that the Website may access, make available and store (if applicable and as permitted by the third party social network and authorized by you) the information in your social network accounts so that it is available on and through your Account with Fruits in Ice Cream.

By setting your Account to integrate with social networks including by signing onto Fruits in Ice Cream through your social network accounts, you agree to share information (including personally identifiable information) between Fruits in Ice Cream and these social networks, for the purposes provided under this Privacy Notice and such social networks’ privacy notice.

The social network’s use of information made available by Fruits in Ice Cream is governed by that social network’s privacy notice and controlled by the social network, not by this Privacy Notice or Fruits in Ice Cream.

Please note that certain information which you have defined as private on your third party social network accounts may become public to other Fruits in Ice Cream users through the Website if you have defined such information to be public on the Website.

D. Data Storage, Protection, Retention:

1. Storage

Your personal data are stored in Fruits in Ice Cream database and systems located in its principal office, or in corporate subscribed cloud storage, or data storage facilities, such as servers, located in the Philippines and the United States of America. The database is controlled and can be accessed electronically only by select administrative staff of Fruits in Ice Cream or its duly authorized Trusted Contractors.

2. Security Measures

Fruits in Ice Cream implements reasonable and appropriate organizational, physical, and technical security measures to protect any data, such as personal information, meta-data or otherwise, that Fruits in Ice Cream collects from you.

These security measures aim to maintain the confidentiality, integrity and availability of your personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing. Fruits in Ice Cream uses commercially reasonable methods, technology and tools to secure your personal data from unauthorized access, use or disclosure. Fruits in Ice Cream secures the personally identifiable information you provide in the Website in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal data (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Fruits in Ice Cream also has stringent protocols, policies and procedure for the collection, processing, and storage of personal data, including but not limited to ensuring that office spaces and work station shall provide privacy to anyone processing your personal data, encrypting your personal data during storage and while in process, restricted access protocols, authentication procedures and regular scanning, testing and upgrading of its security measures against data breaches

3. No Liability for Other Users’ Conduct

Fruits in Ice Cream takes great measures to provide you with the best experience you can have while using the Website. However, Fruits in Ice Cream has no control over the conduct of any user, and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made.

Participating in any user’s activities as a result, directly or indirectly, from using the Website, is entirely at your own risk. Fruits in Ice Cream is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulations or any other duty. Fruits in Ice Cream does not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, the Website or the use thereof.

4. Retention

Fruits in Ice Cream will retain your personal data for the duration it deems necessary for its reasonable business needs to ensure full delivery and performance of the services you require or for as long as necessary to fulfil the purposes Fruits in Ice Cream collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, or for complying with any applicable law, regulation, legal process or governmental requests.

To determine the appropriate retention period for personal data, Fruits in Ice Cream shall consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which Fruits in Ice Cream process your personal data and whether Fruits in Ice Cream can achieve those purposes through other means, and the applicable legal requirements.

Thereafter, your personal data may be anonymized or destroyed. When anonymized for research or statistical purposes, your personal data will and can no longer be associated with you, in which case Fruits in Ice Cream may use this information indefinitely without further notice to you. Fruits in Ice Cream may at all times review, retain and disclose any other information as Fruits in Ice Cream deems necessary to satisfy any applicable law, regulation, legal process or governmental request and Fruits in Ice Cream’s needs and necessities. By doing so, Fruits in Ice Cream does not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such communications.

III. Your Rights under this Privacy Notice

A. Rights to your Personal Data

Fruits in Ice Cream recognizes and adheres to your rights to your personal data as provided under relevant data privacy laws. At any time you may deem necessary or convenient, you may correct, edit, modify or update the personal information or sensitive personal information that you provided in the Website.

Further, you have the right to:

(a) access, retrieve, copy, and otherwise be informed about your personal data that was processed, manner by which such data were processed, date when your personal data was last accessed and modified;
(b) dispute the inaccuracy in your personal data;
(c) suspend, withdraw, or order the blocking, removal, or destruction of your personal data from Fruits in Ice Cream’s system;
(d) be indemnified for any damages you may have sustained due to such inaccurate, incomplete, false, unlawfully obtained or unauthorized use of your personal data attributable to Fruits in Ice Cream fault or negligence; and/or
(e) object to the processing of your personal data, including processing for direct marketing, automated processing or profiling.

Should you wish to exercise any of the foregoing rights, please contact us, by sending an email to DPO email address. Fruits in Ice Cream shall endeavor to reply to or otherwise act on your concerns without undue delay and in any event within one (1) month from our receipt of your email. That period may be extended by a further period of two (2) months where necessary, taking into account the complexity and number of requests. Fruits in Ice Cream will inform you of any such extension within one (1) month of receipt of your email, together with the reason for the delay.

B. Changes to this Privacy Notice

Fruits in Ice Cream may amend this Privacy Notice at any time in its sole discretion. Any amendments or modifications to this Privacy Notice may be effected by Fruits in Ice Cream through announcements made through the Website and/or written notice, advice or material sent to you.

C. Contact Information

Fruits in Ice Cream welcomes your comments, questions and suggestions regarding this Privacy Notice. You may contact Fruits in Ice Cream at DPO email address. Fruits in Ice Cream will use commercially reasonable efforts to promptly reply to your comments and/or questions.

D. Opting out

At all times you may de-register or cancel your Account or discontinue the use of the Website. By discontinuing the use of the Website, Fruits in Ice Cream will not be able to collect any further location based information from you, or provide you with location based information about sites, shops and other places and attractions in your close vicinity.

In some circumstances, you can ask us to delete your personal data. If you wish to remove personally identifying details from Fruits in Ice Cream’s servers, please contact DPO email address for the facilitation of the request.