GOLDILOCKS BAKESHOP, INC.
CUSTOMER’s Privacy Protection
(ONLINE DELIVERY SERVICE)
of 18 January 2019)
Thank you for using Goldilocks’ Online
Delivery Service. Please be informed that Goldilocks Bakeshop, Inc. (‘We’
with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012.
To continue using our services, you (the ‘Customer’) will have to read our Privacy Notice below and click ‘I Agree’ if you consent to the continued processing of your personal information pursuant to the Privacy Notice below. Otherwise, Goldilocks will be unable to provide you services through our Online Delivery System.
Information We Collect
We collect and process the following pieces of Personal Information (collectively referred to as ‘Personal Information’):
1. Personal Information
c. Contact Information (Email Address, Landline Number and Mobile)
II. How We Use the Information
The above-mentioned personal information shall be processed for the following purposes:
1. To process registrations in GBI’s programs
facilitate the marketing efforts of the organization
To process online orders
4. To establish, exercise, or defend legal claims;
5. To fulfill any other purposes directly related to the above-stated purposes.
III. Why does Goldilocks Collect Your
We collect, record, organize, store,
update/modify, retrieve, consult, use, or consolidate your Information when you
agree to be part of our organization pursuant to the purposes stated above.
Note that, while your Personal Information is entered into automated systems, no automated processing as defined under the Data Privacy Act of 2012 takes place in the processing of your Personal Information
IV. Information Sharing and Disclosure
The Information of the Customer may be disclosed to
governmental entities and third-party service providers for the following
1. To carry out lawful business activities;
2. To comply with statutory requirements;
3. To comply with Goldilocks contractual responsibilities to its Customers, if any;
4. For digitization and storage;
5. Data collection and analysis; and
6. For the establishment, exercise, or defence of legal claims of Goldilocks.
When the processing of personal
information is outsourced by Goldilocks to a third party, the processing will
be subject to written agreements between Goldilocks and the third parties
processing the data, in accordance with the requirements of the Data Privacy
Act of 2012. 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 information of the Customer on the
specific written instructions of Goldilocks.
Goldilocks may also transfer the
personal information of the Customer to third parties as required by law or
legal instrument, to protect Goldilocks rights or assets, to facilitate
acquisition or disposition of Goldilocks businesses, and in emergencies where
the health or safety of a person is endangered.
Goldilocks will not sell, rent, share, trade, or disclose any personal information of the Customer to any other party without the prior written consent of the Customer, with the exception of entities within Goldilocks and any third-party service providers which Goldilocks has engaged whose services necessarily require the processing of the personal information of the Customer.
The Customer agrees that the
above-mentioned personal information will be retained or stored for as long as
the purposes for which they are being processed have not been satisfied.
Goldilocks will retain and use your personal information as necessary to comply
with its legal obligations, resolve disputes, and enforce its agreements:
Hardcopies of the forms the Customer
has submitted, as well as all records that shall be relevant to your tenure as
a Customer of Goldilocks, may be stored in the offices of Goldilocks or in an
off-site warehouse managed by a third-party service provider.
Forms and documents which contain the
information of the Customer will be digitized and stored on Goldilocks
information management system hosted by Goldilocks on-site or in the premises
of an authorized third-party service provider.
9. Goldilocks shall ensure, using contractual and other reasonable means, that the third-party service provider implements proper safeguards to ensure the confidentiality, integrity and availability of the personal data processed, prevent its use for unauthorized purposes, and comply with the requirements of the Data Privacy Act of 2012, its Implementing Rules and Regulations, and other applicable laws for processing of personal data, and other issuances of the National Privacy Commission.
Goldilocks has put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the Information we collect online. These safeguards vary based on the sensitivity of the Information that we collect and store.
VII. Acknowledgement of Rights.
Customer is aware of his/her rights under the Data Privacy Act, including the
1. The right to access his/her personal information
2. The right to make corrections to his/her personal information
3. The right to object to the processing of his/her personal information
4. The right to erasure or blocking of his/her personal information
5. The right to be informed of the existence of processing of his/her personal information
6. The right to damages
The right to lodge a complaint before
the National Privacy Commission
For a more exhaustive discussion of the rights of a data subject, please see Goldilocks Data Subject Rights Policy <www.goldilocksdelivery.com.ph>.
VIII. Complaints, Concerns, Access, and
The Customer understands that in case of complaints, concerns, or questions regarding the processing of his/her personal information, he/she may address them to:
Data Protection Officer
Goldilocks Bakeshop, Inc.
498 Shaw Boulevard, Mandaluyong City Philippine
Phone: (+63 2) 532-4050
Updates and Effective Date
This consent and authorization remains valid and subsisting for a limited period consistent with the purposes above or until otherwise revoked or cancelled in writing.
GENERATION AND USE OF INFORMATION
We will not collect or store any information unless you deliberately furnish us such information. All personal information generated through this website will be used to ensure your orders are processed efficiently in accordance with the highest level of customer satisfaction.
We may also collect demographic information such as your zip code, age, gender, preference, internet and favorites. If you provide us with demographic information, your responses are kept confidential and used for internal marketing and statistical purposes only.
We do not share the information we collect from you with other organizations for commercial purposes. We will not sell or trade or rent your personal information to outside parties other than Goldilocks Bakeshop, Inc. and its affiliates.
When you access, view and use our website, you acknowledge that you understand and accept to be bound by these Terms and Condition and you consent to the generation and use of the information by us.
When you use this site, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities and all the content you post and/or submit that is under your account and/or password.
You represent and warrant that any information or material you post or provide to us by means of this site, including, without limitation, as part of any registration or to gain access to or use any services offered on the site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith.
You agree not to use the site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating otherwise misrepresenting your identity or affiliation in any way; (ii) using the site for any fraudulent or illegal purpose; (iii) e-mailing, uploading or otherwise transmitting or using the site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethically or otherwise, objectionable material of any kind, and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the site.
PUBLISHED WEB CONTENT INFORMATION
The accuracy, comprehensiveness and usefulness of any opinion, advice, services or other information provided in this site are subject to your own assessment.
We cannot assure that all information will be accurate, complete and current at all times. Data and other pertinent information on this website may contain technical or typographical errors, and/or outdated information.
We may make modifications to the data, web content information, materials, products and services described in this site at any time, for any reason, without notice by posting the changes on the Site. Your continued patronage, viewing or use of this Site following any such modifications will signify your assent to any such changes or modifications.
Also, this website does not retain any information regarding credit card and/or transactions. Browser cookies only store items you have selected into your shopping cart and can be deleted by clearing the browser's cache.
We have endeavored to exert best efforts to implement security measures to help protect you against the risk of loss, misuse and alteration of any information under the Goldilocks Delivery Program's control. However, such security measures may not prevent all loss, misuse or alteration of information on the Site. We are not responsible for any damages or liabilities relating to any such security failures. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the internet.
This Site may occasionally contain links to other websites. Please be aware that we are not responsible for the privacy and policy practices of such other websites. We encourage you to read the privacy statements of every website that collects personal information.
Unless otherwise indicated, all content on this Site, including text, graphics, images, devices, logos, site designs, are properties of Goldilocks Bakeshop, Inc. and GBSI Management Corporation and is protected by Philippine and international copyright laws and regulations. Request to electronically copy and/or print hard copy portions of this Site may be granted. Provided; Such use shall be for the sole purpose of placing an order with the Goldilocks Delivery Program. Any other use of any and all materials from this Site, including, but not limited to, reproduction for reasons other than the above indicated purpose, modification, distribution, transmission, republication, or display of any of the content of this Site without prior written permission of Goldilocks Bakeshop, Inc. is strictly prohibited.
All trademarks, service marks, trade names, graphics, devices, logos identifying Goldilocks or its products and services (collectively the "Marks") are proprietary to Goldilocks Bakeshop, Inc. and GBSI Management Corporation.
LIMITATIONS ON LIABILITY
Your use of the site is at your own risk. Goldilocks shall not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Goldilocks has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You assume the sole risk of making use or relying on the information, materials, products, and services available on this site. We make no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information, materials, products, and services described or contained in this site for any purpose.
The content, services, information and access to the site are provided "AS IS" and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement.
We do not warrant that any part of the site will operate uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the site and access to the site will be uninterrupted, continuous or error free. Further, we do not warrant or make any representations regarding the use or the results of the use of the site in terms of its quality, correctness, accuracy, reliability, or otherwise. You should therefore, verify any information obtained from the site before acting on it. Except as otherwise expressly provided, we expressly disclaims any responsibility for the accuracy, content availability of information, products or services found on third party sites that link to or form the site.
We shall not be liable for any indirect, punitive, consequential, incidental, or special damages, arising out of or connected with the use of this site or with the delay or inability to use this site, for any information, materials, products, and services obtained through this site, or otherwise arising out of the use of this site, whether such damages are based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you. Notwithstanding the foregoing, your sole remedy for any liability related to the use of this site shall be limited to the amount you paid in connection with the subject matter in dispute.
When you visit our site and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of the electronic communications on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print all electronic communications.
We make no representation that materials in this site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this site are illegal is prohibited. Further, we make no representation that the products and services available for sale or use on this site are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from this site from other locations, you do so, on your own volition and are responsible for compliance with any applicable local laws.
CHOICE OF LAW AND CHOICE OF FORUM
The laws of the Republic of the Philippines will govern these Terms (without giving any effect to the principles of conflict of laws) as such laws are applied to contracts entered and to be performed entirely within the Philippines by its residents. Any action to enforce these terms and conditions will be brought in the Philippine courts presiding in Mandaluyong City, and all parties expressly agree to be subject to the jurisdiction of such courts.
You shall indemnify, defend and hold harmless Goldilocks Bakeshop, Inc. and its sponsors, affiliates, content providers, subsidiaries, related entities, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the site in violation of these terms or the infringement by you of any intellectual property rights of any person or entity.