I. Website Visitors
Like most website operators, DATOS collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. DATOS’s purpose in collecting non-personally identifying information is to better understand how DATOS’s visitors use its website. From time to time, DATOS may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
DATOS also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://www.facebook.com/datos.ph blog posts. DATOS only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
I. Gathering of Personally-Identifying Information From DATOS Website:
Certain visitors to DATOS’s websites choose to interact with DATOS in ways that require DATOS to gather personally-identifying information. The amount and type of information that DATOS gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://www.facebook.com/datos.ph to provide a username and email address.
I. Gathering of Personally-Identifying Information From DATOS App:
- The data we are processing.
- Identification data (e.g., first name, surname, date and place of birth, image capture);
- Data provided by you through your loan application (e.g., information and documents about your income or employment, your proposed use of your loan proceeds, your educational attainment, customer-provided information about your mobile device);
- Contact details (e.g., address, phone number, alternate phone number, email address);
- Government-issued identification data and documents (e.g., SSS ID, UMID, Voter’s ID, Passport, Driver’s License, Postal ID, PhilSys ID);
- Mobile device data (e.g., SIM, IMEI, or other device identifiers, type of device, device operating system, device settings, user account information for your mobile device or Google PlayStore account, the name and network information of your mobile network provider, device specifications (such as screen size, resolution, etc.), information about network proximity);
- Location data (e.g., mobile device location, time zone setting);
- Transaction data and financial information (e.g., loans, transfers, payments, loan requests, tax information);
- Phone data (e.g., contact lists, SMS logs, types and nature of mobile applications found on your mobile device);
- DATOS App usage (e.g., traffic volume data, information about your usage of the DATOS App);
- Data related to your communications with DATOS (e.g., your communications with DATOS via in-app chat, email, telephone or other channels);
- Data provided by you in relation to participation in special offers and promotional activities conducted by DATOS (e.g., waivers, promo codes, games, contests, discounts, and participation in by-invitation-only groups); and
- Certain third-party data (e.g., information provided to or from credit reference agencies or bureaus, external collections agencies, mobile network providers).
- How we process the data we collected? DATOS can Collect Data from:
- You, when you download the DATOS App and/or indicate that you want to apply for a loan;
- Your other interactions with us, including Information you may voluntarily share with our customer support team or other DATOS employees or agents;
- Your mobile device (e.g., mobile device data, location data, transaction data, DATOS App usage and/or phone data as more fully described above);
- Credit reference agencies (who may check your Information against other databases – public and private – to which they have access) or fraud prevention agencies; and/or
- Third parties and other publicly available sources, with your consent, when necessary (e.g. we may receive Information from financial rails (or other disbursement channel vendors) or other business partners (such as telecommunications companies and credit scoring service providers) that may assist us in providing services to you).
- Collection and processing of your Information by DATOS is necessary for the provision of DATOS’s products and services and to comply with applicable legal and regulatory requirements to which you and/or DATOS is subject. Apart from such cases, we do not collect Information without your specific prior consent.
- The purpose why we process the collected data:
- To assess your eligibility to use our retailers’ products or services (including, but not limited to, credit scoring and assessing your creditworthiness, determining whether you can afford a product or service you requested and/or determining whether you are eligible for additional benefits of an existing product);
- To service your loan with DATOS Retailers (including, but not limited to, by processing your transactions and processing disbursement of your loan and collecting repayment of your loan);
- To verify your identity and/or other information you’ve provided to us;
- To detect, combat and prevent fraud, attempted fraud, money laundering and/or other illegal uses of our retailers’ services;
- To analyze customer behavior;
- To administer our systems, maintain service quality and compile general usage statistics;
- To analyze and improve our services;
- To troubleshoot any problems you or other customers encounter with DATOS’s services;
- To comply with applicable laws, regulations, and rules, such as those relating to “know-your-customer” and/or anti-money laundering;
- To the extent you have not objected to the use of your information for direct marketing purposes after proper notification, to send you marketing or advertising notices or other promotional offers;
- To provide service updates;
- To provide staff training (where we may monitor or record customer interactions);
- To interface with credit reference or fraud prevention agencies;
- To provide customer service or support and to resolve disputes and complaints;
- DATOS’s Grounds to Process your Data:
- To carry out our obligations to you as a result of any contracts or agreements entered into between you and our retailers (i.e., where necessary for the adequate performance of our contract with you and/or to take steps requested by you prior to entering into a contract with you);
- To carry out our legal obligations under applicable law;
- In connection with our legitimate interest in (1) providing you with credit and/or other financial or technological products or services, (2) operating our business, (3) marketing our products and services to you and others and (4) administering our systems and keeping our records up to date;
- With your prior consent.
- Who do We (DATOS) Share Your Information?
- DATOS will not disclose any Information containing personal data (as defined under applicable law) to any third parties unless it is necessary and/or appropriate in order to provide DATOS’s products or services (provided, that, we may share limited personal data (as defined under applicable law) with select partners for research and development). Whenever practically feasible, DATOS will only share your Information with third parties in an anonymized format.
- You agree that we may, as necessary and/or appropriate for the purposes provided above, transfer and disclose your information to:
- a subsidiary, affiliate or parent company of DATOS;
- employees, subcontractors, agents, service providers, or associates of DATOS (including directors and officers);
- bank partners (e.g., Union Bank of the Philippines, BDO);
- intermediary, correspondent and agent banks, non-banks, quasi-banks or other financial institutions, clearing houses, clearing or settlement systems, market counterparties, upstream withholding agents, licensed electronic or mobile wallet providers, remittance and transfer companies, credit reference agencies or credit bureaus;
- service providers with contractual or fiduciary relationships with DATOS (e.g., to facilitate transaction processing, fraud prevention, cloud data storage or data transfer), which may be located outside the Philippines;
- telecommunication companies (e.g., Globe, TM, DITO, Smart, Talk&Text, PLDT, Sun Cellular);
- external collection agencies (to assist in the collection of any unpaid obligations to us);
- external counsel, external auditors, and consultants, when necessary to resolve disputes or complaints;
- a party in connection with any merger, acquisition or sale of all or substantially all of the assets of DATOS
- to other public or private third parties to the extent (1) we have a duty to disclose or share your information in order to comply with any legal obligation (e.g., the Credit Information Corporation, the Bureau of Internal Revenue), (2) necessary or appropriate to enforce or apply any agreement with you, and/or (3) necessary or appropriate to protect the rights or safety of DATOS, and/or our customers.
- Further, DATOS may also share your information with law enforcement or other government agencies in connection with a formal request, subpoena, court order, or similar legal procedure, or when we believe in good faith that disclosure is necessary to comply with the law, prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our agreements with you.
- To promote its products and services, DATOS administers and services a referral program for its current and future customers. If you choose to accept a referral from another DATOS customer and accept a DATOS loan in connection with that referral, DATOS will provide a bonus to the customer who refers you upon your successful repayment of your DATOS loan.
- Sharing of your Information in connection with the Referral Program will always be limited to the information described above and will always be anonymized – DATOS will never share identifiable or personalized data about your repayment status (or any other personal data (as defined under applicable law) with any other customer or user of DATOS App.
- Tenure of Your Information:
- Location Where We Process, Store or Transfer Your Information:
- DATOS may transfer your Information outside of the Philippines, either to the United States, or Singapore, and/or to the extent we provide prior notice to you, to jurisdictions that may have data protection laws that are less stringent than those of the Philippines. When we do so, we will ensure that adequate safeguards are in place in accordance with applicable law and/or the Philippines’ data protection requirements. The safeguards we will use will depend on the circumstances and the party to whom we transfer your Information. Your Information may be processed by any of the parties described above. DATOS will use all reasonable and appropriate efforts as required by applicable law to protect your Information.
- Your Rights as our Customer:
- Right to be informed
- Right to rectification
You may ask us to correct any Information which you believe to be inaccurate. We will promptly update any such information. In connection with your request, you may be required to provide supporting evidence or other documentation so that we may verify the accuracy of the request.
- How can the user request their data to be deleted?
You may ask us to erase your personal data by sending us an email at email@example.com (as defined under applicable law):
- If you believe it’s no longer necessary for us to retain such personal data;
- If you do not believe we have legitimate ground for processing it;
- If you think we are using such personal data unlawfully; and/or
- If you think applicable law requires that we do so.
- Right to restrict or object to processing
Where the processing of your personal data is based on your consent or our legitimate interest, you may ask us to stop using your personal data (as defined under applicable law):
- if you think such personal data is inaccurate;
- if you think it’s illegal for us to use such personal data;
- if you don’t want us to destroy such personal data because you need it for legal proceedings;
- if you’ve informed us that we don’t have a legitimate reason for using it and we’re considering your request.
- Right to data portability
- If we’re using your information on the basis of your consent or because we need it to carry out our contractual obligations to you, you can ask us to give you your personal data (as defined under applicable law) in a structured, commonly-used and machine-readable format or have it transmitted to another data controller.
- Right to damages
- You have a right to be indemnified if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as data subject.
- Right to file a complaint
- You have the right to file a complaint with the relevant government agencies for any violation of your rights as a data subject, including the National Privacy Commission of the Philippines.
- Please note that there may be occasions when you wish to exercise your rights and we’re unable to agree to your request (e.g., because we have compelling legitimate grounds for using or processing your information or because we need to retain your information to comply with a legal obligation).
- Right to be informed
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
VI. Links To External Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
VII. Protection of Certain Personally-Identifying Information
DATOS discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on DATOS’s behalf or to provide services available at DATOS’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using DATOS’s website, you consent to the transfer of such information to them. DATOS will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, DATOS discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when DATOS believes in good faith that disclosure is reasonably necessary to protect the property or rights of DATOS, third parties or the public at large.
If you are a registered user of https://www.facebook.com/datos.ph and have supplied your email address, DATOS may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with DATOS and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. DATOS takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
VIII. Aggregated Statistics
DATOS may collect statistics about the behavior of visitors to its website. DATOS may display this information publicly or provide it to others. However, DATOS does not disclose your personally-identifying information.
To enrich and perfect your online experience, DATOS uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.