Data Privacy Policy

APPLICABILITY

It is the policy of Tier One to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth.

This Policy describes Our policies and procedures on the collection, use, storage and disclosure of any information including, business or personal information provided by You while using Our website. This Policy specifically governs the collection and use of personal data and sensitive personal data or information provided by You and the processing of personal information and sensitive personal data or information provided by You while using Our website.

Your use of the website will be governed by this Policy in addition to the Terms of Use as applicable to You. The Policy together with the Terms of Use are referred to as the website documents.

During the course of Your association with Tier One, You may be required to execute certain other agreements and such agreements and this Policy shall, together with the Terms of Use unless explicitly specified to the contrary, govern Your relationship with Tier One.

In the event of a conflict between the terms contained in the website documents and the terms contained in the agreements, as applicable to You, the terms of the agreements shall prevail unless specifically provided otherwise in the respective commercial agreement.

DEFINITIONS

COLLECTION OF INFORMATION

Tier One will use User Information provided by You in accordance with the purposes described in this Policy. During Your use of website, Tier One may collect and process such information from You for our website or otherwise, including but not limited to the below mentioned:

• Information that You provide to Us by filling in forms on the website including Personal Information and Sensitive Personal Information;
• Information relating to Your business provided by You or available to the general public as agreed to in the Terms of Use;
• Information that You provide when You write directly to Tier One (including by e-mails or letters or any digital or electronic form);
• Information that You provide to Tier One over the telephone. (Tier One may make and keep a record of the information You share with Tier One);
• Information that You provide to Tier One through surveys, feedback and other documents of similar nature.
• In the event we collect photos of the User we shall take explicit permission when necessary.

Tier One will not collect Sensitive Personal Data or User Information from You unless the collection of such information or data is considered necessary for the purpose for which it is being collected and even in such a case, You will be made aware of the following:

• The fact that Your Sensitive Personal Information or data is being collected;
• The purpose for which the Sensitive Personal Information or data is being collected;
• The intended recipients of the Sensitive Personal Information or data.

ACCESS TO USER INFORMATION

You shall have the right, upon request, to access and review Your Information provided to Tier One. You may decline to submit identifiable information through the website, in which case You may not be allowed to access certain features / parts of the website. If You are a registered user, You may update or correct Your information at any time by logging in to Your account. Alternatively, if You believe that any of Your information held by Tier One is inaccurate, You may write to Tier One at [email protected] It is Your responsibility to ensure that any information You provide to Tier One remains accurate and updated.

The Information collected by Tier One shall not be retained for longer than is required for the purpose for which the information may lawfully be used or is otherwise required under any other law for the time being in force.

COOKIES

Cookies are small files that reside on Your computer’s hard drive and generally contain an anonymous unique identifier and are accessible only by the website that placed them there and not any other sites (“Cookies”). Our website and services may also utilize Cookies and other tracking technologies to collect information about Your general internet usage.

You may refuse to accept Cookies by activating the setting on Your browser which allows You to refuse the setting of Cookies. However, if You select this setting You may be unable to access certain parts of Our website. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our system may issue Cookies when You log on to the website. The use of Cookies by Our partners, affiliates, advertisers or service providers or third parties is not covered by the Policy.

Cookies enables Tier One to:

• Estimate Our users size and usage pattern;
• Store information about Your preferences, and allow Tier One to customize Our website according to Your interests;
• Speed up Your searches;
• Recognize You when You return to Our website;
• Recall Personal Information previously provided by you;
• Improve Our website and deliver a better and personalized service.

USE OF INFORMATION

Tier One may also use the information provided by You in the following ways:

1. Monitor, improve and administer our website,
2. Conduct audit, research and analysis,
3. Analyse how the website is used, diagnose service or technical problems, maintain security,
4. Remember information to help you efficiently access the website;
5. Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
6. To confirm your identity in order to ensure that you are eligible to use the website;
7. To ensure that content from our website is presented in the most effective manner based upon your interests;
8. To contact you to ensure user satisfaction with respect to your use of the website;
9. To provide you with information that you request from tier one, where you have consented to be contacted for such purposes;
10. To carry out our obligations arising from any contracts entered into between you and tier one as well as between tier one and third party service providers;
11. To notify you about changes on our website:
    
    • in relation to the functioning of any feature/service you access or have signed up for in order to ensure that we can deliver such features/services to you;
    • in relation to any transaction entered by you on our website to subscribe to services;
    • in relation to any issued query or requested information by You from Tier One;
    • to enable Tier One to comply with Our legal and regulatory obligations.

YOUR USE OF INFORMATION

1. You may only use the site and mediums of Ours only for legitimate purposes and not for any inter-alia fraudulent or speculative reservations;
2. You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing or selling any information, products or services acquired from Tier One through any means;
3. We may provide You access to photographs, graphics, video or other material which may be protected by intellectual property laws. You shall not copy, modify, transmit or create derivative works of such material. You also agree to not copy, modify, transmit or create derivative works of any of the intellectual property registered by Tier One;
4. You understand and acknowledge that any material obtained by You or your permitted assigns in relation to Our service shall be entirely at Your risk. You are solely responsible for any damage to Your computer systems or loss of data that results from the download of such material.

DISCLOSURE OF INFORMATION

1. Except as provided for in this Policy, Tier One shall not disclose / transfer Your Sensitive Personal Information to any third party without Your prior consent, unless such disclosure / transfer:
   
   • is necessary for performance of a contract between Tier One and You and You have authorized Tier One to share the Sensitive Personal Information, or
   • is required to be shared under applicable laws or through a court order.
2. Tier One may share Your Personal Information with third parties in the manner described below:
   
   • When You place a request for services provided by Tier One on the website or otherwise through third parties, Tier One will share Your Personal Information with all such parties and their agents who are required for providing the services.
   • Tier One may share your personal information with other Tier One entities, including those in different countries. When we do so, these other Tier One entities will use your information in a manner consistent with this Policy, any applicable Specific Privacy Statements, and all applicable privacy and data protection laws.
   • In the event that Tier One sells or buys any business or assets, we may disclose Your Personal Information to the prospective seller or buyer of such business or assets. Tier One may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
   • Tier One may disclose Your Personal Information to third-party service-providers, solely in the course of their provision of services to Tier One .
   • Tier One may disclose Your Personal Information, if Tier One is under a duty to do so in order to comply with any legal obligation, or to protect our rights, property, or safety, or those of Our users, or other third parties.
   • Tier One may disclose Your information, without Your prior consent, to governmental and/or other statutory bodies, who have appropriate authorization to access the same legally.

CROSS-BORDER DISCLOSURE

Any personal data provided to Tier One may be transferred to, stored by or disclosed to an overseas recipient. For example, Tier One may use a server hosted overseas to store data, which may include your personal data.

Your personal data may also be processed by employees or by other third parties operating outside of the Philippines in countries like the United States of America or in the European Union, who work for 3MPI, or by the representatives and employees of 3MPI’s parent company and affiliates.

Tier One will take reasonable steps, in the circumstances, before your personal data is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal data.

STORAGE AND SECURITY

1. Tier One endeavour to securely store all information we gather within databases controlled by Tier One. However, Tier One may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers.
2. Tier One maintains reasonable safeguards to protect the confidentiality, security and integrity of your personal information. Although we use security measures to help protect your personal information against unauthorized disclosure, misuse, or alteration, as is the case with all computer networks linked to the Internet, we cannot guarantee the security of information provided over the Internet and will not be responsible for breaches of security beyond our reasonable control.
3. Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, you agree and acknowledge that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while Tier One strives to use commercially acceptable means to protect Your information, Tier One cannot guarantee its absolute security.
4. Tier One uses commercially reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.
5. In using the website, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the website will be at Your own risk.
6. Tier One assumes no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Tier One responsible for any breach of security.
7. In the event Tier One becomes aware of any breach of the security of Your information, Tier One endeavour to take appropriate action to the best of Our ability to remedy such a breach.

RETENTION OF YOUR PERSONAL INFORMATION

How long we keep your personal information will vary and will depend on the purpose and use of information collected. There are legal requirements that we keep some types of data for specific periods. Otherwise, we will retain it for no longer than is necessary for the purposes for which the data was collected.

CONFIDENTIALITY

Tier One will keep confidential and protect any and all information provided by You except where disclosure is required or permitted by law. We provide access of Your information to employees, agents, advisors and consultants who We believe reasonably need to come into contact with that information to provide services to You or in order to do their jobs. The restrictions set out herein shall not apply to disclosure of information if and to the extent the disclosure is:

• Required by the applicable law of any jurisdiction;
• Required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law;
• Made, by Tier One, to its shareholders, managers, advisors and affiliates;
• Made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Policy.

You shall maintain confidentiality in relation to all information and agree to not disclose the same unless required by law. You hereby also authorize Tier One to contact You with offers through emails, calls, short messaging services (SMS) or any other mediums for any campaigns, promotional or like activities. You agree to indemnify Tier One, along with Our directors and employees against all types of losses and damages incurred by them due to any action taken by any other authority due to any erroneous complaint raised by You in this regard.

INDEMNITY

You agree to indemnify and hold Tier One, it’s employees, directors, shareholders and affiliates harmless from:

• Any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of any violation of the terms of this policy;
• Any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on your part;
• For fraud committed by you.

FORCE MAJEURE

Tier One shall not be liable for delays, injuries or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control (“Force Majeure”), such as acts of God, pandemics, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.

CHANGES TO THE POLICY

We may update this Policy to reflect changes to Our practices. We encourage You to periodically review this page for the latest information on Our privacy practices. We are not obliged to share with You any such updates, whether material or otherwise and it shall be Your responsibility to keep yourself updated on any changes to the Policy. Our data storage, processing and security measures are constantly reviewed. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as guarding against any unauthorized access to systems where personal data is stored.

UNDERTAKING

You expressly undertake to provide to Tier One, where applicable, information which is true, accurate and valid, and acknowledge that any default or deficiency would inter alia render the provision of the product or services by TierOne, inapplicable. You shall be responsible for ensuring compliance with the terms and any of Our other rules including the terms governing the service fees, or other rules. If You do not agree with any part of such terms, You must not avail of any of the services.

DATA CONTROLLERS INFORMATION/CONTACT

To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, you may reach Tier One through our  Contact Us page. You can also contact our legal regarding your data privacy via email at: [email protected]

We will acknowledge and investigate any complaint about the way we manage Personal Data (including a complaint that we have breached your rights under applicable privacy laws).