Updated Version : 31 March 2024

 aCommerce Group Public Co., Ltd. and its subsidiaries (collectively, the “Company”, “we”, “us”, or “our”) takes protection of personal data as an important matter in our businesses. This Privacy Policy (“Privacy Policy”) describes how we collect, use and disclose your personal data (“you” or “your”) in connection with the terms and conditions on the online platform, (“online platform”), tells you about data protection rights and how we use such personal data.

Your Personal Data is collected, used and disclosed by us because we have an existing contractual relationship with you. For example, you purchases our products or services or otherwise communicates with us in relation to online platform by accessing, using or viewing the applicable website or any of the services, functions or contents (including transmitting, caching or storing of any such personal data). For the purpose of this Privacy Policy, “Personal Data” means “any information about an individual, whether recorded in a material form or not and whether true or not, who can be identified from that data (whether directly or indirectly), or from that data and other data to which we have or are likely to have.”

We reserve the right to modify this Privacy Notice from time to time, so please review it frequently to see when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post the revised Privacy Notice on our website or application. We will provide additional notice of significant updates where required by law to do so. In case any modification deprives your rights of sensitive data in relation to this Privacy Policy, the Company will first obtain your consent, except as otherwise required by law. If you do not agree, please cease use of the relevant website(s) and/or service(s) and DO NOT provide any Personal Data to us.

• The Personal Data We Collect From You
  1.1. During the course of your use of online platform and its services, we may collect personal data about you, as follows:
  (i) Identity data, such as your name, gender, profile picture, and date of birth;
  (ii) Contact data, such as billing address, delivery address, email address and phone numbers;
  (iii) Biometric data, such as voice files when you use our voice search function, and facial and other bodily features and voice of yourself and/or another person featured in your video when you upload videos onto online platform;
  (iv) Account data, such as bank account details, bank statements, credit card details and payment details (such account data may also be collected directly by our affiliates and/or third party payment service providers);
  (v) Transaction data, such as details about orders and payments, and other details of products and Services related to you;
  (vi) Technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, cookies (where applicable) and other information and technology on the devices you use to access online platform;
  (vii) Profile data, such as your username and password, orders related to you, your interests, preferences, feedback and survey responses;
  (viii) Usage data, such as information on how you use online platform, products and services or view any content on online platform, including the time spent on online platform, items and data searched for on online platform, access times and dates, as well as websites you were visiting before you came to online platform and other similar statistics;
  (ix) Location data, such as when you capture and share your location with us in the form of photographs or videos and upload such content to online platform;
  (x) Marketing and communications data, such as your preferences in receiving marketing from us and our third parties, your communication preferences and your chat, email or call history on online platform or with third party customer service providers; and
  (xi) Additional information we may request you to submit for due diligence checks as required for identity verification (such as copies of government issued identification, e.g. passport, ID cards, etc.) or if we believe you are violating our Privacy Policy or our Terms of Use.
   
• How We Receive Your Personal Data
  2.1. During the course of your use of online platform and our provision of the services, we may receive personal data from you in the situations, as follows:
  (a) When you browse our website (both mobile and web versions);
  (b) When you create an account with us;
  (c) When you apply for, subscribe to or otherwise use any of the services;
  (d) When you make a transaction regarding the products available on online platform;
  (e) When you activate or use any payment-related functions available on online platform or provided by our third party service providers;
  (f) When you use any of the features, functions, or mini-apps on online platform;
  (g) When you record any user-generated content which is uploaded on online platform;
  (h) When you use the chat function on online platform;
  (i) When you subscribe to our publications or marketing collaterals;
  (j) When you enter a competition, promotion or survey;
  (k) When you participate in any activity or campaign on online platform;
  (l) When you log in to your account on online platform or otherwise interact with us via an external service or application, such as Facebook or Google;
  (m) When any other user of online platform posts any comments on the content you have uploaded on online platform or when you post any comments on other users’ content uploaded to online platform;
  (n) When a third party lodges a complaint against you or the content you have posted on online platform; and
  (o) When you interact with us offline, including when you interact with our outsourced customer service agents.
  
  2.2. We may collect personal data from you, third parties (including but not limited to agents, vendors, contractors, partners and any others who provide services to us, who collect your personal information and/or perform functions on our behalf, or with whom we collaborate, including but not limited to payment service providers, government sources of data, financial providers, credit bureaus, delivery, marketing and other service partners), our affiliates, or such data may be collected automatically when you use online platform or the services, as set out in this section. See also section 10 below on the collection of computer data.
  
  2.3. Where we collect personal data from third parties and/or our affiliates, we will only collect your personal data, where permitted by law, for or in connection with the purposes for which those third parties or our affiliates are engaged, for the purposes of our collaboration with the third parties or affiliates, or for the requirement to carry out verification or due diligence checks. During the course of your use of online platform and our provision of the services, you agree that you have provided your consent (whether to us, the third party or our affiliates) to the transfer of your personal data from third parties and/or our affiliates to aCommerce for the purposes set out in this Privacy Policy or any other terms.
  
  2.4. You must only submit personal data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the personal data you have provided to us. We shall have the right to request for documentation and carry out the necessary checks to verify the personal data provided by you as part of our user verification processes or as required under law.
  
  2.5. We will only be able to collect certain categories of personal data if you voluntarily provide the personal data to us or as otherwise provided for under this Privacy Policy. If you choose not to provide your personal data to us or subsequently withdraw your consent to our use of your personal data, we may not be able to provide you with certain features or functionality on the services or access to online platform.
  
  2.6. If you provide personal data of any third party to us, you represent and warrant that you have obtained the necessary consent, license and permissions from that third party to share and transfer his/her personal data to us, and for us to collect, store, use and disclose that data in accordance with this Privacy Policy.
   
• Use and Disclosure of Your Personal Data
  3.1. The personal data we collect from you or via third parties may be used for certain purposes, as follows:
  (i) Processing your order for products
• To process orders you submit through online platform;
• To deliver the products you have purchased through online platform. We may pass your personal information on to a third party (e.g. our logistics partner) or relevant regulatory authority (e.g. customs) in order to make delivery of the product to you;
• To update you on the delivery of the products;
• To provide customer support for your orders; and
• To verify and carry out payment transactions (including any credit card payments, bank transfers, offline payments, remittances, or e-wallet transactions) in relation to payments related to you and/or services used by you. In order to verify and carry out such payment transactions, payment information, which may include personal data, will be transferred to third parties such as our payment service providers.
•  
  (ii) Providing Services
• To facilitate your use of the services or access to online platform;
• To administer your account (if any) with us;
• To display your name, username or profile on online platform (including on any reviews you may post);
• To facilitate the use of the mini-apps available on online platform and purchases made via these mini-apps; and
• To respond to your queries, feedback, claims or disputes, whether directly or through our third party service providers.
•  
  (iii) Marketing and advertising
• To provide you with information we think you may find useful or which you have requested from us (provided you have opted to receive such information);
• To send you marketing or promotional information about our or third-party sellers’ products and services on our Platform from time to time (provided you have opted to receive such information);
• To help us conduct marketing and advertising; and
• To promote the services and use information that you give to us, such as user-generated content (including video content) that you can choose to upload or broadcast on online platform and will be accessible on the Internet and may be shared by the public (the latter of which is not within our control), as part of our advertising and marketing campaigns to promote online platform.
•  
  (iv) Legal and operational purposes
• To ascertain your identity in connection with fraud detection purposes;
• To compare information, and verify with third parties in order to ensure that the information is accurate;
• To process any complaints, feedback, enforcement action and take-down requests in relation to any content you have uploaded to online platform;
• To produce statistics and research for internal and statutory reporting and/or record-keeping requirements;
• To store, host, back up your personal data;
• To prevent or investigate any actual or suspected violations of our Terms of Use, Privacy Policy, fraud, unlawful activity, omission or misconduct, whether relating to your use of our services or any other matter arising from your relationship with us;
• To perform due diligence checks;
• To comply with legal and regulatory requirements (including, where applicable, the display of your name, contact details and company details), including any law enforcement requests, in connection with any legal proceedings, or otherwise deemed necessary by us; and
• Where necessary to prevent a threat to life, health or safety.
•  
  (v) Analytics, research, business and development
• To understand your user experience with the services and online platform;
• To improve the layout or content of the pages of online platform and customize them for users;
• To identify visitors on online platform;
• To conduct surveys, including carrying out research on our users’ demographics and behavior;
• To improve our current technology (e.g. voice recognition tech, etc) via machine learning or other means;
• To derive further attributes relating to you based on personal data provided by you (whether to us or third parties), in order to provide you with more targeted and/or relevant information;
• To conduct data analysis, testing and research, monitoring and analyzing usage and activity trends;
• To further develop our products and services; and
• To know our buyers better.
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  (vi) Other
• Any other purpose to which your consent has been obtained; and
• To conduct automated decision-making processes in accordance with any of the above purposes.
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  3.2. We may share (or permit the sharing of) your personal data with and/or transfer your personal data to third parties and/or our affiliates for the above-mentioned purposes. These third parties and affiliates, which may be located inside or outside your jurisdiction, include but are not limited to:
  (i) Service providers (such as agents, vendors, contractors and partners) in areas such as payment services, logistics and shipping, marketing, data analytics, market or consumer research, survey, social media, customer service, installation services, information technology and website hosting;
  (ii) Their service providers and related companies; and
  (iii) Other users of online platform or services.
  
  3.3. In disclosing your personal data to them, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, processing or similar risks and retain your personal data only for as long as your personal data is needed to achieve the above-mentioned purposes.
  
  3.4. We may also share personal data in connection with any proposed purchase, merger or acquisition of any part of our business, provided that we satisfy the requirements of applicable data protection law when disclosing your personal data.
  
  3.5. We may transfer or permit the transfer of your personal data outside of your jurisdiction for any of the purposes set out in this Privacy Policy. However, we will not transfer or permit any of your personal data to be transferred outside of such jurisdiction unless the transfer is in compliance with applicable laws.
  
  3.6. We may share your personal data with our third party service providers or affiliates (e.g. payment service providers) in order for them to offer services to you other than those related to your use of online platform or our services. Your acceptance and use of the third party service provider’s or our affiliate’s services shall be subject to terms and conditions as may be agreed between you and the third party service provider or our affiliate. Upon your acceptance of the third party service provider’s or our affiliate’s service offering, the collection, use, disclosure, storage, transfer and processing of your data (including your personal data and any data disclosed by us to such third party service provider or affiliate) shall be subject to the applicable privacy policy of the third party service provider or our affiliate, which shall be the data controller of such data. You agree that any queries or complaints relating to your acceptance or use of the third party service provider’s or our affiliate’s services shall be directed to the party named in the applicable privacy policy.
  
  3.7 We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.
   
• Withdrawal of Consent to Continued Use, Disclosure, Storing and/or Processing of Personal Data
  4.1. You may communicate the withdrawal of your consent to the continued use, disclosure, storing and/or processing of your personal data by contacting us using the contact details below, subject to the conditions and/or limitations imposed by applicable laws or regulations.
  
  4.2. Please note that if you communicate your withdrawal of your consent to our use, disclosure, storing or processing of your personal data for the purposes and in the manner as stated above or exercise your other rights as available under applicable local laws, we may not be in a position to continue to provide the services to you or perform any contract we have with you, and we will not be liable in the event that we do not continue to provide the Services to, or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.
  
  4.3. You may unsubscribe from receiving marketing information at any time in our mobile application settings or by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.
   
• Updating Your Personal Data
  5.1. It is important that the personal data you provide to us is accurate and complete for you to continue using online platform and for us to provide the services. You are responsible for informing us of changes to your personal data, or in the event you believe that the personal data we have about you is inaccurate, incomplete, misleading or out of date.
  
  5.2. You can update your personal data anytime by accessing your account on online platform.
  
  5.3. We take steps to share the updates to your personal data with third parties and our affiliates with whom we have shared your personal data if your personal data is still necessary for the above-stated purposes.
   
• Accessing and Correcting Your Personal Data
  6.1. You may request information about your personal data which we have collected, or enquire about the ways in which your personal data may have been used, disclosed, stored or processed by us via the personal account information setting on online platform or by contacting us using the contact details below. You may also request correction of any error or omission in your personal data which we have collected in the same way. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request. Where permissible under law, we may refuse such correction requests if deemed vexatious or unreasonable.
  
  6.2. Where permitted by applicable data protection laws, we reserve the right to charge a reasonable administrative fee for retrieving your personal data records. If so, we will inform you of the fee before processing your request.
   
• Security of Your Personal Data
  7.1. To safeguard your personal data from unauthorised access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks, we have introduced appropriate administrative, physical and technical measures such as:
  (a) Restricting access to personal data to individuals who require access;
  (b) Maintaining technology products to prevent unauthorised computer access;
  (c) Using encryption technology when processing your financial details; and/or
  (d) implementing other security measures as required by applicable law.
  
  7.2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
   
• Retention of Personal Data
  8.1. We will only retain your personal data for as long as we are either required or permitted to by law or as relevant for the purposes for which it was collected.
  8.2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the personal data was collected, and is no longer necessary for any legal or business purpose.
   
• Minors
  9.1. You hereby confirm and warrant that you are above the age of minority and you are capable of understanding and accepting the terms of this Privacy Policy. If you are a minor, you may use online platform only with the involvement of a parent or legal guardian.
  
  9.2. As a parent or legal guardian, please do not allow minors under your care to submit personal data to the webstore. In the event that such personal data of a minor is disclosed to aCommerce, you hereby consent to the processing of the minor’s personal data and accept and agree to be bound by this Privacy Policy and take responsibility for his or her actions.
  
  9.3. We will not be responsible for any unauthorised use of the Services on online platform by yourself, users who act on your behalf or any unauthorised users. It is your responsibility to make your own informed decisions about the use of the Services on online platform and take necessary steps to prevent any misuse of the Services on online platform.
   
• Collection of Computer Data
  10.1. We or our authorised service providers may use cookies, web beacons, and other similar technologies in connection with your use of the Services or access of online platform.
  
  10.2. When you visit online platform through your computer, mobile device, or any other device with Internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website, such as the technical data and usage data outlined in Section 2 above.
  
  10.3. This data is collected for analysis and evaluation in order to help us improve our website and the services and products we provide, as well as to help us to personalise the content to match your preferred interests more quickly. The data is also collected to make the Services and online platform more convenient and useful to you, and to provide more relevant advertising related to market products, services and features to you.
  
  10.4. Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognise a particular device or browser. Web beacons are small graphic images that may be included on our Services and online platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests.
  
  10.5. You may be able to manage and delete cookies through your browser or device settings. However, certain cookies are required to enable core functionality (such as adding items to your shopping basket), so please note that changing and deleting cookies may affect the functionality available on online platform or through our Services.
   
• Governing Law
  This Policy is governed by the laws of the Philippines. You agree to submit to the exclusive jurisdiction of the Courts of the Philippines in any dispute relating to this Privacy Policy.