Effective Date: June 1, 2022
Last Updated: June 1, 2022
Cloudshop is being operated by MDS Call Solutions Inc. (MDSCSI), a business process outsourcing company specializing in contact center (call center) and digital solutions. We offer voice and digital services, on top of software and application development services to complete our clients’ business solutions and market strategies.
SCOPE AND LIMITATIONS
This Policy describes the manner how Cloudshop, as a data keeper, collects, process, records, use, and store Personal Information; how it safeguard Personal Information; and interact with merchants and third parties that may have access to Personal Information.
This policy shall apply to all merchants who obtained the services of Cloudshop as well as their customers and shall authorize Cloudshop to transfer, store, and use Personal Information in the Philippines.
TERMS OF SERVICE
By accessing or using the Sites in any manner, you also agree to be bound by Cloudshop Terms and Conditions. Please read the Cloudshop T&C carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Cloudshop T&C, please do not obtain our Services.
Through the customer’s purchase from the merchant’s website, we collect and store information. By completing the purchase, the customer consents to said collection. On the other hand, merchants’ consent to collection of information by obtaining our services.
We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
“Sensitive Personal Data” refers to a smaller subset of Personal Data which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation.
We obtain Personal Information from the following categories of sources:
Directly from our merchants and their agents. For example, from information that merchants put into their website.
Indirectly from our merchant’s customers or their agents. For example, through information they input on our merchant’s website.
Directly and indirectly from activity on our website. For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the web pages you visit.
From social media websites, such as Facebook, Twitter, and LinkedIn.
From third parties that assist us in providing certain transactions and services (e.g. payment processing, hosting), even though it appears that you may not have left our Site.
When Users use our Sites and Services, we may collect, use, and/or process Personal Data in the following circumstances:
Subscription and Registration for Cloudshop Products or Services
Merchants subscribing or registering or creating Cloushop accounts or websites will be required to provide certain personal information in order to create an account, including but not limited to: name, e-mail address, nationality, identification card number; bank account number, and office address.
While it is not mandatory to provide Personal Information, if you do not agree to provide the Personal Information marked as “required” and in the processing of the same, Cloudshop will be unable to provide the relevant services and the application for such services will be rejected. In providing Personal Information, the Customer or User agree to Cloudshop’s processing of the Personal Information.
Customers who shall purchase the merchants’ products through their website are required to provide their information, such as: name, email address, residential/office address, contact number, and credit card/debit card details.
Users, who shall disclose personal data relating to another individual or data subject, warrant to have secured the necessary consent from the data subject for the disclosure to and processing of the same by Cloudshop as required under the DPA.
As you evaluate whether Cloudshop Products or Services are the right solution for your company, you may choose to provide us with Personal Data about yourself, including your name, company name, phone number, billing address, payment card information, job title, industry, country of residence, and email address by completing forms on our website, upon requesting for a free trial.
In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Data about yourself when you report a problem or have a question about our Products or Services.
Use of Products, Services, or Sites
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on your devices. When you use our Site or your website, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.
When you choose to avail of any Products, or Services, we collect directly from you the following information:
Country of Residence
Date of Birth
Identification documents from school/college/university/institute
Personal Interest and Preferences
Educational or Professional Awards
Academic or Professional References
It should be noted that any interactions made with third parties using Cloudshop Sites may be read, collected, or used by other users, including any Personal Information disclosed during the interaction.
Use and participation with Cloudshop education opportunities may be linked and form part of the User’s profile. This shall include any assessment on the skills, ability, qualifications, or knowledge undertaken with Cloudshop.
Further Information may be collected from customers, devices, or other third parties including government agencies or professional recruitment firms for lawful purposes, including career matching, information verification, improvement of services and security, or fulfilment of legal or contractual obligations, or as required by law, or regulators.
Visit to Cloudshop Sites
We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google Analytics, Facebook Ads and similar partners.
Purpose and Use of Information
We use and process your Personal Information in ways that are compatible with the provision of Cloudshop services.
Unless and until the agreement between Cloudshop and the merchants are terminated and Cloudshop merchant accounts are deleted by the merchants themselves, customers may access the website of the merchants.
Other purposes for which your Personal Information may be used are as follows:
To present, operate or improve the Site and Services, including analysis of Site activity;
To authorize access to our Sites and Products or Services;
To provide, maintain, administer or expand the Products or Services for internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
To customize or tailor your experience of the Products or Services;
To administer content, promotion, surveys, voting polls or other Site features;
To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, and other offers or promotions, and to deliver pertinent emails;
To send you marketing information and other non-transactional communications via email, telephone calls, SMS, or push notifications about us as necessary for our legitimate interest in conducting director marketing or to the extent that you have provided prior consent;
With your consent as required by applicable law, we may send marketing and/or service-related text messages to your mobile device. You may opt out of receiving these messages by following the prompt in an individual message or updating your “Notifications” preferences under the website settings or the mobile application settings that control push notifications.
To improve our Site and Products or Services;
To secure our Products or Services, including to authenticate and verify User identities;
To verify academic and professional qualification by contacting school/college/university/ institute/ professional qualifying bodies;
To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
To respond to and support Users regarding their use of the Sites and Products or Services;
To comply with all applicable legal requirements;
To perform data analysis and testing;
To understand User browsing preferences to tailor content per User accordingly;
To resolve disputes;
To otherwise fulfill the purpose for which the information was provided.
Cloudshop shall only share Information and access to Information to clients/partners that assured through contractual obligation their observance with prevailing data privacy laws.
Cloudshop shall not be responsible, under this Policy, for the availability, accessibility, and storage of Information outside of Cloudshop site, nor Cloudshop a party to any agreement entered by its Users with third parties or client/partners.
Retention of Personal Information
We may retain your Personal Information for a period of time consistent with the original purpose for collection. For example, we keep your Personal Information for no longer than reasonably necessary for your use of our Services and for a reasonable period of time afterward. We also may retain your Personal Information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.
Privacy Rights and Choices
You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our Services, we aim to provide you with choices about how we use your Personal Data. We also aim to provide you with access to your Personal Data. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of personal information we maintain about you or you may update or correct inaccuracies in that information by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that personal information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the How to Contact Us section below.
Third Party Links
The Sites may contain links to web pages operated by parties other than Cloudshop. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. Cloudshop strongly recommends that each User review the third party’s terms and policies.
We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Data.
If we transfer your Personal Data out of your jurisdiction, we will implement suitable safeguards and rely on legally-provided mechanisms to lawfully transfer data across borders to ensure that your Personal Data is protected.
Rights of Data Subjects
The following are the rights of Data Subject in relation to personal information or data under the Republic Act No. 10173 or Data Privacy Act of 2012 (DPA):
Right to be informed – Data Subjects to be notified of the processing of personal information, including its description and amendment thereof; purposes, scope, and method of processing; period of retention thereof.
Right to access – Data Subjects shall have the right to access personal information in the portal or interface where available; and other information or data relating to its collection, source, processing, and disclosure.
Right to rectify or correct erroneous data – Data Subjects shall have the right to correct personal information or data if found to be outdated or inaccurate, unless request is vexatious or otherwise unreasonable.
Right to erase or block – Data Subjects shall have the right to request blocking, removal, destruction, or erasure of personal information or data such as it is no longer necessary to achieve legitimate business purpose.
Right to secure data portability – Data Subjects shall have the right to secure a copy of a personal information or data processed by electronic means in a commonly used electronic or structure format that will allow the Data Subject’s further use thereof.
Right to withdraw consent – Data Subjects shall have the right to withdraw authorization and consent for the additional personal information or data collected. But any withdrawal of consent will not affect the processing of information based on previous consent given prior to the withdrawal.
Right to indemnified for damages and Right to file a complaint – Data Subjects shall have the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.
How We Protect Personal Data
Cloudshop maintains administrative, technical and physical safeguards designed to protect the merchants and their customer’s Personal Data and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms. For example, we restrict access to personal information to Cloudshop employees, contractors, business partners and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.
If Cloudshop collects account information for payment or credit, Cloudshop will use the information only to complete the task for which the account information was offered.
In using Cloudshop Product or Services, or Sites, you consent to the collection and use of your personal information by Cloudshop in the manner and for the purposes provided herein unless and until you notify Cloudshop to the contrary and stop the use of such services, or sites.
MDS Call Solutions, Inc.
ATTN: Data Protection Officer
Email: [email protected]
1869 P. Domingo St., Brgy Kasilawan
Makati City 1226