PENSHOPPE/OXGN/FORME/REGATTA/MEMO PERSONAL DATA PRIVACY PROTECTION POLICY
The Golden ABC, Incorporated ("us", "we", "our", or “GABC”), through this Personal Data Protection Policy (“Policy”), is committed to protect and respect your personal data privacy in compliance with the Philippine Data Privacy Act of 2012 (“the DPA”).
Please read and review this GABC Personal Data Protection Policy (“Policy”), which will inform you on the collection, use, processing, storage, and/or disclosure of your Personal Data. We trust that it will assist you in making an informed decision whether to provide us with any of your Personal Data.
1. DEFINITION OF TERMS
For the purposes of understanding the Policy, capitalized terms used in this Policy shall have the following meanings:
- “Applicable Laws” means the Philippine Data Privacy Act of 2012 and its subsequent related legislations and regulations, as may be amended from time to time.
- “Personal Data” or “Personal Information”means any Information, whether true or not, which is (a) about an individual who can be identified (i) from that data, or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time; or (b) defined as “personal data”, “personal information”, or “sensitive personal information” under Philippine Data Protection Law.
- “Platforms” means collectively PENSHOPPE/OXGN/FORME/REGATTA/MEMO’s Social Media and Website, and any other websites/pages or applications which we may create, own or operate from time to time.
- “Processing” refers to the collection, usage, storage, management, disclosure, alteration, destruction, and/or any other action upon or handling of the Personal Data.
- “Social Media” means PENSHOPPE/OXGN/FORME/REGATTA/MEMO’s pages and accounts on third party social media platforms such as Instagram, Facebook, Twitter, Pinterest and Google+.
- “Service Provider”means our service providers and other partners that provide their services to GABC, such as but not limited to the payment processing, shipping, and inventory management of our products. The Service Provider/s may have access to certain Personal Information/s only for the purpose of performing their functions on our behalf and are obligated not to disclose or use it for any other purpose.
- “Third-Party Apps” means add-ons that we may have integrated with our Platforms that allows GABC to cull information relating to customer behavior and for marketing purposes. These third parties may have access to certain Personal Information only for the purpose of performing their functions on our behalf and are obligated not to disclose or use it for any other purpose.
- “Website”means the PENSHOPPE/OXGN/FORME/REGATTA/MEMO website accessed at the following address penshoppe.com, www.oxgnfashion.com, www.formeclothing.com, www.regattalifestyle.com, www.memofashion.com.
- “PENSHOPPE/OXGN/FORME/REGATTA/MEMO, we, us, our, or GABC”means Golden ABC, Incorporated.
2. SERVICE DESCRIPTION
GABC, through its brands PENSHOPPE/OXGN/FORME/REGATTA/MEMO, may process your Personal Data, in accordance with the DPA, in pursuit of its vision of being the most admired Asian fashion brands company by creating and selling its own clothing, accessory, footwear, and personal care lines. These are produced, marketed, and retailed under a fast-growing, dynamic family of well-differentiated, proprietary brands: PENSHOPPE, OXYGEN, FORME, MEMO, and REGATTA.
GABC provides access to fashion to its multitude of customers by having more than 1000 strategically located sites, as well as being available online. It now has presence in the Philippines, Indonesia, Cambodia, Vietnam, Myanmar, Hong Kong, Malaysia, Taiwan, Singapore, Thailand, Brunei, Macau, Bahrain, and the Kingdom of Saudi Arabia.
To learn more about GABC’s proprietary brands, click the links below:
- PENSHOPPE – https://www.penshoppe.com/
- OXYGEN – https://www.oxgnfashion.com/
- FORME – https://www.formeclothing.com/
- MEMO – https://memofashion.com/
- REGATTA – https://www.regattalifestyle.com/
3. PERSONAL INFORMATION THAT ARE COLLECTED
During our relationship with you, we may collect Personal Data from you. The Personal Data we may collect from you include but not limited to the following:
- Contact details (including the mobile number, mailing and delivery addresses, and email address)
- Network and device data (including your IP address and device or advertising identifiers)
- Shopping or browsing behaviors
- Voice recording (for customer service calls)
- Information needed for payments/refunds of transactions (such as but not limited to bank account number/s and other payment options)
- Any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us, for the purpose of and in relation to your purchase of any GABC product/s.
(collectively, the “Collected Data”)
For transactions with our physical stores, your credit card information will only be viewed for comparison with your presented valid government issued identification to validate your identity. However, none of such information is stored by us.
If you provide us with Personal Data relating to a third party by submitting such Personal Data to us, you warrant and represent to us that you have obtained the necessary and informed consent of the third party to provide us with the Personal Data provided to us for the respective purpose/s for which it was submitted.
Please ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure to do so may result in our inability to provide you with the products and services you have requested.
4. COLLECTION METHOD AND TIMING OF COLLECTION
We collect Personal Data through the following methods and moments:
- You register an account on the Websites or the Apps;
- You purchase GABC product/s through the Websites, Platforms, and/or our physical stores;
- You visit our physical stores equipped with CCTV cameras installed for the safety and security of GABC patrons, shoppers, visitors, and employees
- You purchase, use, and/or receive gift certificates honored by GABC stores;
- You use any of our related services, such as subscribing to our newsletter, product notifications;
- You browse our products and services or otherwise interact with our Website and Apps;
- You accept our cookies on your device;
- You interact with our customer experience team or other representatives, for example, via our webform, emails, telephone calls, letters, or face-to-face meetings;
- You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media;
- You participate in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;
- We receive references from third partiy/es when such third party/ies purchases GABC product to be delivered to you, whether as a gift or otherwise;
- Your authorized representative submits your Personal Data to us for any purpose reasonably authorized by you, for example if such representative is purchasing our product or service to be delivered to you;
- Our third-party partners and other service providers provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
- When you voluntarily submit your Personal Data to us for any reason.
We may also collect your Personal Data in circumstances where such collection does not require consent under Applicable Laws. In this instance, we shall inform you of such instance prior to the collection of the Personal Data exempt from the consent requirement.
5. PURPOSES OF COLLECTED INFORMATION
We may use and disclose the Collected Data for purposes necessary to provide you with our products and related services, as follows:
- To register and maintain your user account and to verify your identity or legal capacity to enter into contracts;
- To process your order/transaction for our products or services, process or collect your payment for the order;
- To deliver or perform the products or services you purchased, including our couriers calling or messaging you to obtain your delivery instructions;
- To process your payments, returns or refunds in accordance with our Terms of Service;
- To provide you with supporting services and functions related to your user account, such as saved items in cart, wish list, brand or product notifications;
- To communicate with you in relation to (i) your queries, requests and feedback, (ii) material changes to our Platform/s’ Terms of Service, Policy or other terms and conditions, and (iii) matters relating to the operation of your account/s;
- To personalize and improve your customer experience when you visit the Website and the Apps, for example by prioritizing products and services appearing in your search results or feed;
- To send information about our products, promotions, and updates through email, phone, or other methods you have authorized us with by giving your consent;
- To monitor and enforce compliance with our Terms of Service, including dispute resolution;
- To comply with (i) internal risk controls, (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors, or (iii) any applicable law;
- To manage the administrative and business operations of GABC and complying with internal policies and procedures;
- To improve your customer experience across all touchpoints and training our customer experience team, such as by recording and monitoring phone calls; and
- To ensure our Website and Apps function properly and to improve their performance, by carrying out activities such as debugging, statistical analyses for optimizing our Website and Apps.
(collectively, the "Purposes")
In addition, we may use and disclose your Personal Data for the following purposes and by clicking Yes to our Policy pop-up or any web form referring to the amended Policy on any of our online platforms or your continued use of our Website and online platforms, you are giving your consent to provide you the following:
- To send you marketing communications in relation to our sales, products, services, promotions or the Platforms;
- To send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;
- To deliver ads which are related to our products and services which may be of interest to you on the Platforms;
- To enable businesses to deliver ads which are related to their products and services which may be of interest to you;
- To invite you to our private customer events;
- To process your participation in our promotions, lucky draws, initiatives or any request for additional Personal Data such as customer surveys;
- To process your participation in our business partners’ loyalty or point redemption programs;
- To conduct market and customer research, analysis or tracking;
- To promote our products and services on our Platforms; and
- To any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page.
(collectively, the “Additional Purposes”)
We may also use your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such use does not require consent under Applicable Laws. In case consent is not required, we may use the contact information provided to inform you of the use and/or disclosure of the collected Personal Data.
If you do not consent or withdraw your consent for us to use and process your Personal Data for the Purposes and/or the Additional Purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.
6. METHOD OF USE, STORAGE, LOCATION, AND TRANSMISSION OF PERSONAL INFORMATION
We use your Personal Information gathered in line with the Purposes and Additional Purposes as discussed in this Policy, including but not limited to clicks and scrolls in our Site, to provide us with anonymized data for customer insight and strategic marketing plans in line with the Secondary Purposes above.
We store personal information via our in-house order management system and through the cloud storage of our various Service Providers and Third-Party Apps. The processing in our in-house system is limited to the information necessary to fulfills your product orders. Our Service Provider and Third-Party Apps process your personal information in their own personal system.
CCTV captured photos and videos recorded and/or monitored (“CCTV Media”) for the security and safety of persons in our physical stores are stored in secure location/s and accessible only by duly authorized personnel for the purpose of ensuring the safety and security of persons in our physical stores and for any action/proceeding to assert GABC'. Such CCTV media may be shared with and/or proper government authorities for investigations and/or enforcement of public order/public peace.
We ensure the security of your data by putting in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. This includes putting in place reasonable security measures to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage, alteration or any other form of processing of your Personal Data. However, we cannot be liable for any unauthorized processing of Personal Data by third parties attributable to factors beyond our control.
7. THIRD PARTY TRANSFER
In relation to our use of your Personal Data for the Purposes or Additional Purposes, the following may have access and may process your Personal Data:
- GABC employees, consultants, temporary workers;
- payment processors, for the sole purpose of processing and facilitating your payment of GABC products in-store and/or on the Platform/s;
- logistics providers (i.e. courier services), for the purpose of delivering your order to you and/or the designated third person;
- business partners, for the purpose of separately maintaining an account with you for loyalty or point redemption programs (future);
- business partners or vendors in connection with the processing of any promotion, event or service you voluntarily entered into;
- professional advisers and consultants in case of any dispute or controversy arising from your transaction with GABC;
- agents, contractors or service providers who provide operational services to us, such as online cloud storage and processing, marketing optimization, information technology, telecommunications, security or other relevant services which requires their collection, use or disclosure of your Personal Data;
- government authorities as may be required by Philippine law and regulations; and
- any other party whom you authorize us to disclose your Personal Information to.
We may also disclose your Personal Data (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such disclosure does not require consent under the Applicable Laws. In case consent is not required, we may use the contact information provided to inform you of the use and/or disclosure of the Collected Data.
The disclosure of your Personal Data is limited to the information necessary to perform the Purpose and/or Additional Purpose/s subject to the consent you have provided and as may be necessary, and in accordance with Applicable Laws.
If Personal Data is transferred out of the Philippines, we will comply with laws applicable in such jurisdictions in doing so. This includes: (i) obtaining your consent, unless an exception exists under Applicable Laws or any other laws, and (ii) executing the necessary data sharing or outsourcing agreement, unless an exception exists under Applicable Laws, and (iii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Data is bound to comply with standards of protection that are at least comparable to the Applicable Laws.
Third Party Cookies
GABC uses the services of third-party platform/s, who may implement cookies on the Websites. Advertisements on the Websites may be provided by third parties. These advertisements may also generate cookies, for example, to track how many people have viewed the advertisement. The collection, use, and disclosure of information, including Personal Data, collected by such third-party cookies are subject to the privacy and data protections policies of the third-party vendors and are not under our control.
You may reject third party cookies through the settings on your browser. Note that this may result in the loss of Website functionality, restrict your use of the Website, or delay or affect the way in which the Website operates.
GABC uses certain Google Analytics functions. Please see this link for how your data is collected and this link for instructions on how to opt-out of any Google Analytics data tracking.
GABC may use Google Analytics features based on Display Advertising, including but not restricted to the following: Remarketing, Google Display Network Impression Reporting, DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. Using the Google Ads Settings, you can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
GABC may also use Remarketing with Google Analytics to advertise online; third-party vendors, including Google, may show PENSHOPPE/OXGN/FORME/REGATTA/MEMO ads on sites across the Internet. Golden ABC, Incorporated, our Platform, Third Party Apps, including Google, use first-party cookies and third-party cookies together to inform, optimize, and serve ads based on visitors’ past visits to the Website, as well as report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Website.
When you log on to the website, GABC with the help of Google Analytics may use your browsing behavior to connect it with any other data that has previously been provided by you, in accordance with this policy.
8. RETENTION PERIOD
When Personal Data in our possession is (i) no longer required for any reason connected to the purpose it was originally collected, (ii) retention by us is no longer necessary for the Purposes and/or the Additional Purposes, (iii) ordered blocked, removed, or destroyed by you, or (iv) mandated by law and regulations issued by the proper government authorities to be destroyed upon or within a prescribed period, we will exercise measures to ensure such Personal Data is destroyed. However, Personal Data previously anonymized will not be subject to destruction since anonymized data cannot be traced back to the data subject and we can no longer trace back such anonymized data.
9. PARTICIPATION OF DATA SUBJECT
In accordance with the Data Privacy Act and its regulations (Republic Act No. 10173) and its regulations, you, as the rights of data subject, are entitled to the following rights:
- Right to be informed of the fact, manner, and details of processing, automated decision-making (if any), and profiling;
- Right to object to the processing of the Personal Data, including the processing for marketing, automated processing, and/or profiling, and to the continued processing in case of any change or amendment to the processing of the Personal Data;
- Right to reasonable access, upon demand, to the Personal Data (including when it was last accessed and modified), its source, its manner of processing, the details of disclosure of the Personal Data (including the name and addresses of the recipients and the reason for the disclosure), the related information on automated processing (if any), the name and address details of GABC (as the personal information controller);
- Right to rectification to contest inaccurate or error in the Personal Data for immediate correction, unless such request is vexatious or unreasonable, and such rights includes the right to access to the new and corrected data and the simultaneous receipt thereof by the intended recipients;
- Right to erasure or blocking of the Personal Data, including the right to suspend, withdraw, or removal, destruction of the Personal Data in GABC’s system; and GABC may consequently notify third parties who previously received the processed data;
- Right to damages due to “inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data,” taking into consideration any violation of the rights and freedoms as data subject.
- Right to lodge a complaint before the National Privacy Commission.
For further information on your rights as data subject, kindly visit the National Privacy Commission’s official website.
In relation to the right to correct your personal data above, your rights and freedoms as a data subject in accordance with the Applicable Laws shall be respected. We will make reasonable efforts to ensure the Personal Data likely to be processed is accurate and complete. For any change in the Personal Data provided to GABC, you may update us of such changes in your Personal Data. Without such update, GABC shall rely on the Personal Data as provided to us and we will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of changes.
For Website/s users, you may access or correct your name, e-mail address, birthday, shipping and billing addresses and contact numbers by logging in to your user account on the Website under “Account Information” and clicking the “Edit” button under each relevant field.
For Personal Data that cannot be corrected by you by logging in to your user account on the Website, you may request to access and correct such Personal Data by submitting a written request to us by emailing our Data Protection Officer at email@example.com. We may need to request additional information from you to confirm your identity before providing the access or making the correction.
We will do our best to respond to Personal Data access and correction requests within 30 business days. Where we are unable to meet this timeline, we will update you with the soonest possible time within we can provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under Applicable Laws.
Subject to obtaining your consent and/or upon your reasonable request, we may send the corrected Personal Data only to specified Service Provider/s.
In relation to your right to erasure, 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 submitting a written request via email to our Data Protection Officer via firstname.lastname@example.org. Note that, depending on the nature of the consent 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. Once the processing is complete, we will no longer process your Personal Data, except to the extent we retain your Personal Data for compliance, regulatory or other legal purposes.
If you wish to withdraw your previously granted consent for us to send you sales, marketing or promotional information, please inform us as follows:
- To withdraw consent from promotional emails: please click on the Unsubscribe link in the promotional emails;
- To withdraw consent from receiving promotional material with your order package: please email our Data Protection Officer at the email address provided below.
Your rights and freedoms as a data subject in accordance with the Applicable Laws shall be respected. Once we receive notification that you wish to withdraw your consent for receiving marketing or promotional materials or communications, it may take up to thirty (30) days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials or communications during this period. If you withdraw your consent to receive marketing or promotional materials through a specific communication method, we may still contact you for the Purposes in relation to the products and services via other communication modes you have subscribed to.
In accordance with the Data Privacy Act, we note that, despite your withholding of consent, GABC may still process the Personal Data if:
- The Personal Data is necessary in accordance with duly issued orders of the proper government authorities;
- The collection and processing of the Personal Data are for the obvious purpose of performing and/or fulfilling a contract to which you are a party (such as the purchase of a GABC product); and/or
- The processing is required by Philippine law and regulations.
For persons whose Personal Data was collected (including those identified in the CCTV), they may request for a copy of their Personal Data by contacting the Data Privacy Officer at the email address provided below subject to providing the requirements under the applicable law.
For any questions relating to your Personal Data or about this Policy, if you have a complaint regarding the processing of your Personal Data by us, or a question about how we are complying with Applicable Laws, you may contact our Data Protection Officer via one of the following methods:
- Telephone number: +63 2 84222 952 (Mon-Fri, 9:00am-6:00pm)
- Email address: email@example.com
- Office address: GABC 1155, 1155 North EDSA, Quezon City, 1106, Philippines
- Attention: ‘Data Protection Officer’
Emails and letters should clearly state that you are making a data protection query, request or complain in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.
Update of the Policy
This Policy is an adjunction and does not substitute, nor replace, any other consents you may have previously provided to GABC with respect to your Personal Data. GABC may update this Policy to ensure that it is consistent with any changes in legal or regulatory requirements.
As part of our efforts to ensure that we properly manage, protect and process your Personal Data and to ensure that it is consistent with industry trends and/or any changes in legal or regulatory requirements, we will be reviewing our policies, procedures and processes from time to time. In this regard, GABC may update this Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements. We reserve the right to amend the terms of this Policy at our absolute discretion.
Any amended Policy will be posted on our website and can be viewed at following links:
- PENSHOPPE – https://www.penshoppe.com/pages/privacy-policy
- OXYGEN – https://www.oxgnfashion.com/pages/privacy
- FORME – https://www.formeclothing.com/pages/privacy-policy
- MEMO – https://memofashion.com/pages/privacy-policy.
- REGATTA – https://www.regattalifestyle.com/pages/privacy-policy
By clicking “Yes” on our Policy pop-up or any web form referring to the amended Policy on any of our online platforms or your continued use of our Website and online platforms, you are agreeing to the terms of this Policy.
You are encouraged to visit the above Website from time to time to ensure that you are well-informed of our latest policies in relation to Personal Data protection. We will also inform you of any update/s to the Policy by pop-up and/or email and secure your consent through the pop-up and/or other applicable means.
This Policy and your use of our Platform/s shall be governed in all respects by the laws of the Philippines.
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.