MIDA FOOD DISTRIBUTORS, INC.
(Company & Owner of the brand Pacific Bay)
TERMS AND CONDITIONS
For Customers and Potential Customers
You are granted a non-exclusive, non-transferable, and revocable license to access the Website strictly in accordance with the following Terms and Conditions:
- The content of this Website is for your general information and use only. It is subject to change without prior notice.
- We do not warrant or guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be in any way liable. It shall be your sole responsibility to ensure that any products, services or information available through the Website meet your specific requirements. To the maximum extent permitted by applicable laws and regulations, all such products, services and information are provided “as is” without warranty or condition of any kind. For this purpose, you agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, and third parties, from any losses, costs, liabilities, and expenses, including attorney’s fees.
- The Website contains material which is our exclusive property. This material includes, but is not limited to, the design, layout, look, appearance and graphics, trademarks, copyrights, database rights and other intellectual property rights. You are prohibited from copying or modifying the Website or any part thereof.
- Unauthorized use of the Website may give rise to a claim for damages and/or criminal prosecution. As such, you agree and warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. For this purpose, you agree to indemnify, defend, and hold us harmless, our officers, directors, employees, agents, and third parties, from any losses, costs, liabilities, and expenses, including attorney’s fees, relating to or arising out of your violation of any of these Terms and Conditions, or your violation of the rights of third parties, or of any applicable laws, rules, or regulations.
- Your use of the Website and any dispute arising therefrom is subject to the laws of the Republic of the Philippines, without prejudice to the principles of Private International Law.
We may update our Terms and Conditions from time to time. Hence, you are advised to review this page periodically to verify whether or not any changes have been implemented. We will notify you of any changes by posting the new Terms and Conditions on the Website. Any changes implemented are effective immediately upon publication on the Website.
MIDA FOOD DISTRIBUTORS, INC. (Company) respects and values the privacy of its customers and employs reasonable measures to protect their Personal Data in accordance with the Data Privacy Act of 2012 (DPA), its Implementing Rules and Regulations, and related issuances from the National Privacy Commission (NPC).
- “Personal Information” or any information in the possession of, or likely to come into the possession of the Company, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the Company, or when put together with other information would directly and certainly identify an individual.
- “Sensitive Personal Information” or personal information: i) about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; ii) about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings; iii) issued by the government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; iv) specifically established by an executive order or an act of Congress to be kept classified.
- SERVICE DESCRIPTION
The Company is the sole provider of Pacific Bay products in the country and as such, it relies on Personal Data obtained not only from its customers, but also the parties it regularly deals with, such as its vendors or suppliers, service providers, and event participants, among others. It is only through collecting and processing the necessary Personal Data that the Company is able to provide its services and supply Pacific Bay products here in the Philippines.
- PERSONAL DATA COLLECTED AND PROCESSED
The Company collects Personal Data from its customers and potential customers necessary for it to offer products and services to the public, to fulfill its obligations under the purchase contracts executed, to attend to requests to the Company in the course of transactions, and to ultimately provide the goods and services ordered. The Company collects Personal Data in the following opportunities:
When the customer or potential customer voluntarily discloses the Personal Data
- Personal Data is required to be disclosed to the Company before a purchase may be made. In making a purchase, the potential customer must necessarily disclose the following Personal Data: name, home address, email address, contact information, as well as the purchase details.
- Personal Data may also be disclosed by a customer through the forms and documents he/she submits to the Company.
- Personal Data would be collected from customers once they agree to participate in Company surveys and researches. This would entail the disclosure of the following information: personal details, family details, government-issued identification, educational background, and employment information.
- Personal Data would likewise be collected in the event customers call the Company with requests for assistance, complaints or feedback.
When the customer or potential customer accesses any of the Company’s online services
- When the customer/potential customer opts to access any of the Company’s online services, such as choosing to contact the Company through the online “Contact Us” form or availing of the Company’s delivery service, Personal Data may be collected including: personal details, location details/address, contact details, order details, and any information provided in the message.
- The customer/potential customer may prefer to contact the Company through its social media accounts. In choosing to engage the Company through its social media accounts, the following Personal Data of the customer/potential customer may be collected: Personal Data on his/her account, personal details, contact details, location details/address, and other information that may be disclosed in the message.
- The Company operates the https://www.pacificbay.com.ph/ website. Personal Data may be disclosed by customers/potential customers to the Company on website, including the following: access details, IP address and other information about the system used to access the site.
From publicly available information or from third parties
- The Company may likewise collect Personal Data from third-party websites which are not affiliated with or connected to the Company, whether directly or indirectly. The information may include, but is not limited to, the user ID associated with the account that accessed the Company website or any of the services therein, access tokens necessary to access the service, any other information that the customer/potential customer may have permitted the third party to share with the Company, and any information that the customer/potential customer may have made public in connection with the service.
Data subjects may inform the Company of the specific Personal Data that they do not want to be processed beyond the requested purpose. The Company will respect the request of data subjects in so far as it is feasible to fulfill the purposes for which the Personal Data was collected.
Where data subjects have provided the Company with the Personal Data of individuals other than themselves, they warrant that they have obtained the necessary consent of these individuals for the disclosure, in accordance with the DPA.
- METHODS OF PROCESSING
Personal Data may be processed both by way of computer media and on paper, in compliance with the rules in relation to personal information protection, including those relating to data security. The Company collects information when provided directly by the data subjects or when acquired by the Company with the authorization by the data subjects, or through trusted third parties, or through technology such as “cookies”.
Personal Data, depending on the transaction or business with the Company, shall be processed for the following purposes:
- To fulfill the Company’s obligations, and enforce its’s rights, under its contracts with its customers, including but not limited to delivery of requested products and/or services;
- To communicate with customers, through any available means, regarding matters related to customer experience and other legitimate matters, including:
- customer feedback and perspectives, and possible participation in the Company’s market research activities;
- resolution of complaints;
- requests for assistance regarding technical and other product or service issues;
- customer demographics and preferences;
- improvement of sales and marketing activities, and overall customer satisfaction;
- alignment of the Company’s program or training with customer development needs;
- To prepare statistical analysis and technical reports;
- To solve website errors and possible problems;
- To fulfill legitimate business purposes;
- To comply with obligations under law;
- To establish, exercise, or defend legal claims; and
- To fulfill any other purposes directly related to the above-stated purposes.
The Company will not process the Personal Data of users in ways incompatible with the above-stated purposes.
- PERSONAL INFORMATION CONTROLLER
The Company is the Personal Information Controller of any Personal Data disclosed by data subjects as it determines the purposes for which the Personal Data is being collected and processed.
- TRANSFERS AND DISCLOSURES
Personal Data may be disclosed to the Company’s partners and third parties for the following purposes:
- To facilitate orders for goods and services;
- To settle possible disputes;
- To respond to law enforcement authority or other government regulatory bodies’ requests;
- To process and administer technical and sales support;
- To answer and resolve inquiries, concerns or complaints;
- To make promotional events or activities;
- To conduct audits, including operational, risk, compliance, financial, and anti-fraud and corruption audits, and/or investigate a Complaint or security threat;
- To comply with the Company’s business and management responsibilities and policies, which are necessary for the organizational functioning of the Company;
- To comply with statutory requirements;
- To establish, exercise, or defend legal claims; and
- Fulfill any other purposes directly related to the above-stated purposes.
When the processing of Personal Data is outsourced by the Company to a third party, the processing will be subject to written agreements between the Company and the third parties processing the Personal Data. These written agreements specify the rights and obligations of each party and will provide that the third party has adequate security measures in place and will only process the Personal Data on the specific written instructions of the Company.
The Company may also transfer Personal Data to third parties as required by law or legal instrument, to protect the Company’s rights or assets, to facilitate acquisition or disposition of the Company’s businesses, and in emergencies where the health or safety of a person is endangered.
The Company will not sell, rent, share, trade, or disclose any of the Personal Data it obtained to any other party without the prior written consent of the data subjects, with the exception of entities within the Company and any third-party service providers which the Company has engaged, whose services necessarily require the processing of Personal Data.
The following are the third parties to whom Personal Data may be disclosed:
- Regulatory bodies/agencies, law enforcement authorities, and other legal bodies;
- Service providers;
- Stockholders and business partners; and
- Potential investors or target companies in the context of an M&A deal.
- DATA RETENTION
Personal Data will be retained or stored for as long as the purposes for which they are being processed have not been satisfied. The Company will retain and use the Personal Data as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements, after which the Personal Data shall be deleted or anonymized.
- DATA PROTECTION MEASURES
The Company has put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the Personal Data collected. These safeguards vary based on the sensitivity of the Personal Data collected and stored.
Subject access requests may be made by emailing the data protection officer. The Company may take reasonable steps to confirm the requester’s identity as a data subject before granting access to the Personal Data and allowing updates thereto.
- DATA SUBJECT RIGHTS
Data subjects have the following rights under the DPA, which may be exercised at their discretion:
- The right to access Personal Data
Under the DPA, it is possible for individuals to request access to any of their Personal Data held by the Company, subject to certain restrictions. A request for disclosure of such information is called a subject access request. Any such requests should be addressed to the Data Protection Officer.
- The right to make corrections to Personal Data
The DPA requires the Company to take reasonable steps to ensure that any Personal Data it processes is accurate and up-to-date. It is the responsibility of data subjects to inform the Company of any changes to the Personal Data that they have supplied to the Company during the course of their engagement.
- The right to object to the processing of Personal Data
- The right to erasure or blocking of Personal Data
Data subjects have the right to suspend, withdraw or order the blocking, removal or destruction of their Personal Data from the filing system of the Company.
- The right to be informed of the existence of processing of Personal Data
Data subjects have the right to be informed whether Personal Data pertaining to them shall be, is being, or have been processed, including the existence of automated decision-making and profiling.
- The right to damages
Upon presentation of a valid decision, the Company recognizes the right of data subjects to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of Personal Data, taking into account any violation of the rights and freedoms as a data subject.
- The right to lodge a complaint before the NPC
- CHANGES TO THIS STATEMENT
- CONCERNS AND QUESTIONS
In case of complaints, concerns, or questions regarding the processing of Personal Data, or if data subjects wish to exercise their data subject rights, it may be addressed to:
Mida Food Distributors, Inc.
2219 Singalong Street
Malate, Manila 1004