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Privacy policy

ANNEX TO TERMS OF SERVICE

INTRODUCTION

This Privacy Policy (the "Policy") is hereby adopted by MAXIM in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 ("DPA"), its Implementing Rules and Regulations ("IRR"), and other relevant policies, including issuances of the National Privacy Commission. MAXIM respects and values the User's data privacy rights, and makes sure that all personal data collected from the Users are processed in adherence to the general principles of transparency, legitimate purpose, and proportionality.

This Policy shall inform the Users of MAXIM's data protection and security measures, and may serve as a guide in exercising rights under the DPA.

DEFINITION OF TERMS

For all intents and purposes, the following terminologies used herein shall mean :

1. MAXIM - refers to Taxsee Philippines, Inc. operating under the name Maxim Rides & Food Delivery, its affiliates, partners, subsidiaries, employees, and other corporate entities related to Taxsee Philippines, Inc. Under this Policy, MAXIM shall act as a Personal Information Controller in behalf of the Users.

2. Client - refers to any individual subscribing, using, and utilizing the Service of MAXIM in order to place an Order to be performed by a Partner by voluntarily providing his personal and sensitive personal information to MAXIM.

3. Partner - refers to a person who has fully subscribed to the Terms and Policies of MAXIM's Services and has voluntarily agreed to provide courier, delivery, and transport and other services being offered by the Application to either the Client or his luggage or goods by voluntarily providing his personal and sensitive personal information to MAXIM.

4. User - refers to both the Client and/or Partner whose personal and sensitive personal information shall be processed by MAXIM.

5. Application - refers to both the mobile software application installed in the User's mobile device and the online ordering services available in the official website of MAXIM. The mobile application and online ordering service have been integrated with the software and programs of MAXIM which allows and permits the processing of the Orders of the Users. It shall serve as a platform for the collection of Information from the Users.

6. Service - refers to the receiving, processing, and transmission of information of the Client including, but not limited to, his or her Order, luggage, geolocation, and other personal information to the Partner. It shall also refer to the receiving, processing, and transmission of the information of the Partner including, but not limited to, his or her name, geolocation, vehicle information, and other personal information to the Client. The Service also includes the provision of means of communication, collection, and settlement between the Client and Partner through the Application.

7. Order – refers to an order or instruction, whether for a service for a transportation of passengers and luggage or any other service for a delivery of freights, services, and goods, including delivery of personal laundry, procurement of massage services, or other services being offered by the Application, placed by the Client in the Application which is to be processed and transmitted to the specific Partner completing and performing such order. This shall include Pre-Orders made by Clients.

8. Profile - refers to an account duly made and registered by the User in the system of MAXIM containing his or her personal information and details including, but not limited to, name, gender, address, location, and phone number. It shall also contain the statistical data of the services rendered by the Partners or the current status of the Client’s Personal Account, as the case may be. The Profile shall also display the Personal Account of the User indicating the total amount deposited by the User to his Personal Account including all the transactions including, but not limited to, advanced payments of the User and amounts of funds deducted as payment for the performance of the Order.

9. Personal Account - For Partners, it is an account wherein advance payments are recorded and from which funds are debited as a payment for Subscription Fees. For Clients, it shall refer to an account where Client's advanced payments and written off or deducted amounts for payment of a Partner's service are withheld.

10. Agreement - refers to the Terms of Service to which this Policy is made an annex to. The provisions and stipulations contained therein are deemed incorporated in this Policy.

11. Rating - refers to the score or grade of the User computed by the Application based on the accumulated ratings and reports made by other Users. This shall be made a basis for the frequency of the receipt of Order requests in the case of Partners and priority of the Order in the case of Clients.

12. Consent of the User - refers to any freely given, specific, informed indication of will, whereby the User agrees to the collection and processing of personal information about and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It shall be primarily made by the User, and subsequent use of the Application through the Profile or Personal Account shall be presumed as, for all intents and purposes of this policy, consent for the processing of all data associated, linked, and uploaded to the Personal Account or Profile.

13. Information and Communications System - refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.

14. Personal information - refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

15. Personal information controller - refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf.

16. Processing - refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

17. Privileged information - refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.

18. Sensitive personal information - refers to personal information:

A. About an individual's race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

B. 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 person, the disposal of such proceedings, or the sentence of any court in such proceedings;

C. Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and

D. Specifically established by an executive order or an act of Congress to be kept classified.

19. Information – shall refer to both personal and sensitive personal information of the User.

20. Website - refers to a complex of computer software and other existing data in the information system that can be accessed through the internet by the inputting of domain names and/or network addresses. The website address is: https://taximaxim.com, https://client.taximaxim.com.

21. Database - refers to an organized structure, both physical and electronic, constituting set of materials, technical facilities, software and hardware, as well as methods and algorithms or program codes designated to systematize, store, process, or transform the Information in accordance with the database algorithms. The Database materials can be accessed through the Application.

22. Cookies - refers to a cluster of data gathered through the use of the Application which shall be sent and stored to the platform being used by the User to access the Application. Such shall be used to store information about the User including his or her Information, activities on the site, and other information acquired through the use of the Application.

23. Geolocation - refers to the specific locational data of the User as provided by the GPS tracker of his or her mobile phone or device freely and voluntarily given by the User.

All definitions provided under the DPA and Agreement not specifically mentioned herein shall be adopted and deemed incorporated herein.

SCOPE AND LIMITATION

MAXIM, its staff, personnel, representatives, and employees are duty bound to abide, comply, and follow the Policy and all of its provisions and guidelines. Moreover, the Users are tasked to read and understand the Policy as their rights and entitlements are indicated and provided within this Policy.

It is understood that MAXIM, its Partners, and other entities needed for the performance of the Service share the relationship of independent contractors. As such, this Policy shall not apply to these Partners and other entities, and any information legally and lawfully provided by MAXIM to these Partners shall be subjected to their own rules, regulations, and guidelines in the handling of data they collected, stored, and processed.

PROCESSING OF PERSONAL DATA

MAXIM values the privacy rights of its Users and ensures that the Information of its Users are collected, processed, stored, and deleted lawfully and legally. As such, in the furtherance of good faith and public policy, a disclosure of the process flow of Information it has collected is provided. These are the steps and life-cycle of the Information collected from the Users:

I. Collection of Information

Being reliant to internet activity, MAXIM collects Information of its Users from various sources. These sources may include:

A. Registration by the User as a Client

In order to avail the Services, the User is mandated to create a Profile and register with the Application. The Application will ask the following information from the User, to wit:

i. Full Name

ii. Date of Birth or Age

iii. Cellphone Number

iv. Email Address

v. Gender

vi. Location

vii. Vehicle information

viii. Other pertinent personal information indicated in the registration of the User

B. Registration by the User as a Partner

As a requirement to start being a Partner of MAXIM, the User is required to submit a copy of his or her driver's license and official receipt and certificate of registration to MAXIM. Naturally, such documents contain personal and sensitive personal information of the Partner which are also processed and subsequently added to the Database.

C. Social Media Interaction and Participation in MAXIM-initiated events

A User may also provide personal information to MAXIM through interactions with MAXIM in several social media platforms such as, but not limited to, Facebook, Instagram, or Tiktok. Through such interactions, MAXIM shall be able to acquire and store personal information of the User publicly made available by these social media platforms.

Moreover, by participating in events sponsored or held by MAXIM, whereby pictures, videos, and other identifying data is submitted to MAXIM, the User voluntarily provides data to MAXIM which is subsequently processed and stored by MAXIM.

D. Legal Purposes

The User may be mandated to provide Information to MAXIM for the following legal purposes:

i. For compliance of legal orders from the courts of law or other governmental authorities;

ii. For the performance and fulfillment of obligations under contractual obligations;

iii. When the processing of the information is necessary to either protect vitally important interests of the User or in response to a national emergency; or

iv. When such processing of information is necessary for the purpose of the legitimate interests of MAXIM or its Partners.

In such instances, MAXIM reserves the right to collect, process, and store any information of the User without the need of any Consent from the User. The above notwithstanding, the rules on Privileged Communication shall still be followed and abided to.

E. Use of the Application

Once a User uses the Application to request an Order or comply with an Order, MAXIM shall also retrieve Information from the Users in order to properly perform the Service it is obligated to do. In like manner, MAXIM may incorporate recording capabilities in its Application to ensure the safety and well-being of its Users. Among others, the Information collected shall include:

i. Name

ii. Geolocation

iii. Vehicle Information

iv. Phone Number

v. Order details

vi. Identifying pictures, videos, or sound clips

vii. Other information provided to Users in relation to the Order

The Application also utilizes different Cookies to transmit information of the User to MAXIM's Database. Through this means, the User also provides additional Information about himself or herself to MAXIM.

Additionally, as a legal requirement to operate here in the Philippines, MAXIM Partner vehicles are required to be equipped with cameras and recording devices to protect both the passenger and drivers. The responsibility of handling, processing, and storing of Information retrieved through these means belongs to the Partners and not MAXIM and shall be beyond the scope of this Policy.

F. Others

When needed for the performance of the Service, MAXIM may also collect, retrieve, or accept Information about their Users from other sources of information. MAXIM ensures that the receipt of these Information was done legally and done in compliance with the DPA. These sources include: (1) Readily available public information, (2) Government provided Information, (3) Banking institutions or other similar agencies, (4) voluntarily given information from other Users, (5) other legitimate sources of information.

II. Use of Information

As a matter of principle, MAXIM will only use the Information collected to further legal and lawful purposes. As such, MAXIM will utilize, process, use, and consolidate your Information through MAXIM's Information and Communications system for the following reasons:

A. Performance of Service

In furtherance of the Service subscribed and availed by the User, MAXIM shall use their Information to:

i. Create and update the Personal Account and Profile of the User

ii. Allow Partners to accept and complete Orders

iii. Transmit relevant and necessary Information of a User to other Users

iv. Verify the Information provided for by the User

v. Update and display the needed Information on the Profile of the User

vi. Automate the experience of the User while using the Application by providing details automatically to the Application when the need to fill out a form is needed

vii. Storing previous transactions or Orders of Users and editing the Application to display such previous Orders or other similar orders the User might be interested in as determined by MAXIM

viii. Monitor the progress of the completion of the Order

ix. Determine the appropriate amount or fee to be paid for the Order

x. Validate the viability of the completion of the Order based on the Information

xi. Transmit the Information of a User to Partners who are capable of completing the Order as determined by MAXIM

xii. Determine the Rating of the User based on the Information provided

xiii. Adjust the frequency and priority of Orders

xiv. Provide a means of communication between the Client and Partner

xv. Verify eligibility of Users to promotions, benefits, or prizes offered by MAXIM

xvi. Conduct investigations and risk assessments

xvii. Internal control and security

xviii. Ensure the safety and security of the Users and their vehicles or equipment, as the case may be, while using the Application and availing the Service

xix. Monitor and fix any internal issues, bugs, or malfunctions of the Application

xx. Other duties and responsibilities as a Personal Data Controller contemplated under the DPA

B. Security Measures

To ensure the security and safety of all Users while using the Application, MAXIM may use the Information in the following manner:

i. Verify the identity of the User when logging in to the Application

ii. Ascertaining the viability, capability, and identity of the Partner prior to granting access to the Application as a Partner

iii. Detecting fraudulent transactions or misrepresentation made by Users and subsequently reprimanding such behavior

iv. Monitoring of violations committed by the Users

v. Prevention and prosecution of crimes or offenses made by Users

vi. Other uses to ensure the security and safety of the Users as determined by MAXIM

C. Feedback and Support

MAXIM may use the Information available to it to provide support and assistance to Users regarding their concerns and questions. MAXIM may also use this information to resolve issues Users may have regarding the Application, Order, Partners, or other MAXIM related concerns.

D. Marketing Purposes

MAXIM may use the Information to promote its new products, promotions, updates, or offered services to the Users. In line with this, MAXIM may also manage and determine the eligibility of the User to these promotions availed of by the User.

The User may receive emails or notifications in the Application or other communication platforms regarding these promotions or offered services and may unsubscribe to the receipt of these information by following the instructions contained in such email or notification.

E. Legal

Similar to the situations contemplated above, MAXIM shall use the Information for the following purposes:

i. For compliance of legal orders from the courts of law or other governmental authorities;

ii. For the performance and fulfillment of obligations under contractual obligations;

iii. When the processing of the information is necessary to either protect vitally important interests of the User or in response to a national emergency; or

iv. When such processing of information is necessary for the purpose of the legitimate interests of MAXIM or its Partners.

Moreover, MAXIM shall be entitled to use the Information in order to investigate and resolve conflicts, claims, and disputes between Users and determine the appropriate sanctions or solutions to be enforced as permitted by law.

MAXIM is also legally entitled to use the Information to ascertain and determine the existence of fraud or other crimes punishable under the law. Furthermore, MAXIM may use the Information for whatever legal purpose it may be including, but not limited to, corporate mergers, acquisitions, ventures, and sale of some or all of the corporate assets.

The above notwithstanding, the rules on Privileged Communication shall still be followed and abided to.

III. Storage, Retention, and Protection of Information

Once collected, the Information are then stored and safekept in an electronic Database awaiting processing by MAXIM’s automated Information and Communications systems.

Following Section 11 of the DPA and Section 19(d) of its implementing rules and regulations, MAXIM shall retain the Information for as long as necessary for the fulfillment of the purposes for which the data was obtained or for the establishment, exercise, or defense of legal claims, or for legitimate business purposes, or as provided by law.

Hence, once there exists no actual or legal basis to retain the User's Information, MAXIM will take the necessary and proper steps to erase, delete, and remove such Information from the Database and storage systems of MAXIM following Section 19(d) of the IRR. Regardless, should the User opt to cancel his or her subscription and personally delete his or her Personal Account, the Information provided by the User shall be automatically deleted and removed from the Database.

As it is MAXIM's priority to maintain the security and security of the Information, MAXIM shall perform the necessary, legal, and required steps to ensure that such Information is not improperly shared, stored, used, deleted, removed, processed, or disclosed to other entities without the User’s Consent or any legal basis.

All personnel, staff, or individuals tasked to handle the Information are instructed to keep such Information with strict confidence and trust, and access to such Information is limited and controlled by MAXIM. The Database is safeguarded by security protocols, internal control measures, and technical and organizational mechanisms to avoid and prevent any untoward data breach by MAXIM or its staff. Some security protocols and measures are as follows:

A. Identify the security threats in the system while processing the private data

B. Engage, employ, or install a security system for the premises that holds and keeps the Database

C. Provide adequate and sufficient storage and memory for the efficient functioning of the Database

D. Evaluate the employed measures currently in place and make the necessary adjustments after such evaluation

E. Make the detection of unauthorized access to the Information as swift as possible.

F. Exert the necessary effort to recover any Information that has been deleted or corrupted due to any unauthorized access

However, this Policy does not serve as a guarantee or warranty for the security of the Information from any unauthorized use or disclosure. Being that the registration and provision of Information is done electronically, the User is forewarned of the dangers thereof and shall bear the risk of such unwanted events and occurrences personally.

IV. Disclosures of Information

The Service of MAXIM entails the transmission of Information to other Users or Partners, as the case may be. However, the User's information maybe further disclosed to other individuals or entities in furtherance for the fulfillment of the obligations contemplated under the Agreement. Disclosures may be made to the following entities:

A. MAXIM

For the efficient performance of the Service, Taxsee Philippines, Inc. shares the Information to its affiliates, partners, subsidiaries, employees, and other corporate entities related to Taxsee Philippines, Inc.

B. Partners or other Users

As stated above, in order to complete the User's Order, several Information must be disclosed to Partners or Users who are related or associated with the completion of the Order. Information such as the User's name, geolocation, and contact number may be provided to these individuals for the efficient completion and performance of the Order.

C. Service Providers, other Third-Party entities related to the Service, and Government Agencies and Authorities

To further streamline and improve the performance of the Service, MAXIM may disclose your Information to other entities such as service providers, third-party marketing entities, and other service partners necessary for the performance of the Service, payment processors, marketing partners, legal and accounting consultation firms, and other entities related to the Service.

MAXIM and these entities are engaged as independent contractors. Hence, Information legally and lawfully provided to them shall fall beyond the scope of this Policy once received and processed by these entities and shall be subjected to their respective data privacy policies.

Similar to the reasons provided above, MAXIM may disclose the Information to government agencies or authorities for the following reasons:

i. For compliance of legal orders from the courts of law or other governmental authorities;

ii. For the performance and fulfillment of obligations under contractual obligations;

iii. When the processing of the information is necessary to either protect vitally important interests of the User or in response to a national emergency; or

iv. When such processing of information is necessary for the purpose of the legitimate interests of MAXIM or its Partners.

V. Deletion and Erasure of Information

Once the Information provided for by the User no longer fulfills the purpose they were collected for, the Information shall be deleted, removed, and erased by MAXIM in compliance with Section 19(d) of the IRR of the DPA by way of permanent deletion rendering such Information incapable of further processing, unauthorized access, recovery, or disclosure to any other party or the public, or cause prejudice the interests of the data subjects.

USER'S RIGHTS

The User is entitled and possess the following rights with regard to the Information they have provided MAXIM, to wit:

I. Be informed whether personal information pertaining to him or her shall be, are being or have been processed;

II. Be furnished the information indicated hereunder before the entry of his or her Information into the processing system of MAXIM, or at the next practical opportunity:

A. Description of the Information to be entered into the system;

B. Purposes for which they are being or are to be processed;

C. Scope and method of the personal information processing;

D. The recipients or classes of recipients to whom they are or may be disclosed;

E. Methods utilized for automated access, if the same is allowed by the User, and the extent to which such access is authorized;

F. The identity and contact details of the MAXIM or its representative;

G. The period for which the information will be stored; and

H. The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the appropriate agencies.

III. Reasonable access to, upon demand, the following:

A. Contents of his or her Information that were processed;

B. Sources from which the Information were obtained;

C. Names and addresses of recipients of the Information;

D. Manner by which the Information were processed;

E. Reasons for the disclosure of the personal information to recipients;

F. Information on automated processes where the Information will or likely to be made as the sole basis for any decision significantly affecting or will affect the User;

G. Date when his or her Information concerning the data subject were last accessed and modified; and

H. The designation, or name or identity and address of MAXIM.

IV. Dispute the inaccuracy or error in the Information and have MAXIM correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the Information has been corrected, MAXIM shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the retracted information by recipients thereof: Provided, that the third parties who have previously received such processed Information shall be informed of its inaccuracy and its rectification upon reasonable request of the User;

V. Suspend, withdraw or order the blocking, removal or destruction of his or her Information from MAXIM's filing system upon discovery and substantial proof that the Information are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected. In this case, MAXIM may notify third parties who have previously received such processed Information; and

VI. Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of Information.

The above notwithstanding, the rules on Privileged Communication shall still be followed and abided to.

The Consent of the User shall never be coerced, forced, or demanded from him or her. However, the User must understand that the processing of the Information is a key component to the performance of the Service by MAXIM. Hence, the User should take the implications and effects of the lack of Consent same in relation to the use and subscription to the Service before withholding or withdrawing the same.

VII. to request the deletion of their personal data in the application by contacting support service via their account (Menu - Support) or by sending the request of deletion to MAXIM after which the account and data will be deleted within 30 business days.

Should the User wish to exercise his/her rights, he or she may freely do so by sending, whether personally or through registered mail, or electronic mail, a written notice to MAXIM's address:

G/F, Cebu Daily News Building., Kaohsiung St., Cor. S. Osmena, Cebu Port Center, Brgy. Mabolo, Cebu City, Cebu, Philippines.

customer_ph@taximaxim.com

The notice must contain the following information: (1) User's name, (2) residence, (3) Personal Account number, (4) a narration of facts containing detailed information indicating that the User’s Information has been processed, and (5) the specific request of the User legally available and viable to him. Such notice must be duly signed by the User and must be accompanied by a copy any competent proof of identity. Notices not following the prescribed form shall not be entertained or accommodated.

COOKIE POLICY

MAXIM may use Cookies in its Application to facilitate, streamline, and enhance the productivity and efficiency of such Application in relation to the performance of the Service. The User reserves the right to block, delete, or enable Cookies by adjusting the settings found in their mobile devices or internet browsers.

In this regard, MAXIM may possess, use, utilize, and exploit the following Cookies in the Application:

I. Very necessary Cookies

Very necessary Cookies are needed to transmit and use the requested services in the Application. These Cookies are used when the User registers and/or enters the system. Such Cookies can be either transient or persistent and play a vital role in the overall performance of the Application as they are principal files of the system. Without these, MAXIM would be unable to perform the Service for the User would be unable to place any Order and the Application would not function properly.

II. Exploitation Cookies

Exploitation Cookies are used to collect data about website usage statistics. Specifically, these types of Cookies are used to obtain the Application's usage statistics and evaluate the effectiveness of the advertisements.

These Cookies do not collect or store the User's Information. All data collected by such Cookies are statistical and unidentifiable. Exploitation Cookies can either be persistent and transient, and they can also either be principal or secondary Cookie files.

III. Operational Cookies

Operational Cookies are used to process the Information of the User and store them in the Database. Specifically, these types of Cookies are used to store the previously made Order of the User in the Database for future reference or use and improve the User's experience while using the Application by saving the priorities and preferences of the User.

These Cookies use anonymous information and do not track the User's activities on other sites. They may be persistent and transient, as the case may be, and they can either be principal or secondary Cookies of the Application.

IV. Advertising Cookies

Advertising Cookies manage the advertising content found in the Application. These Cookies are principally used to protect and limit the User from inadvertently visiting advertisements shown in the Application and to evaluate the performance and effectivity of the advertisements in place.

These types of Cookies are placed by third party entities and may either be persistent or transient. Through the exploitation of these Cookies, MAXIM may disclose and share non-identifiable information about the User to these third-party entities. In like manner, third party entities may also collect Information from the User through the means of these types of Cookies.

CROSS-BORDER TRANSMISSION AND PROCESSING OF DATA

In furtherance of the performance of the Service, MAXIM may transmit and process the Information of the Users internationally.

Hence, MAXIM adheres to the Principle of Accountability and Extraterritorial Application found under the DPA. MAXIM is responsible for Information under its control or custody, including such Information that have been transferred to a third party for processing, whether domestically or internationally, subject to cross-border arrangement and cooperation. MAXIM is accountable for complying with the requirements of the DPA and shall use contractual or other reasonable means to provide a comparable level of protection while the information is being processed by a third party. MAXIM has designated individuals who are accountable for the organization’s compliance with the DPA, the identity of whom are readily available and accessible.

The DPA and its IRR will have application to the Information provided that: (1) the act, practice or processing relates to Information about a Philippine User and (2) such processing or act was committed by MAXIM entities stationed or located in the Philippines.

AMENDMENTS

This Policy may be amended, modified and supplemented in any and all respects by MAXIM without need of any intervention or notice to the User. The User will be updated or notified of such amendments or changes through the Application.

The User is responsible in reading and reviewing the updates, changes, or amendments to the Policy. The continued subscription and procurement of the Service of MAXIM shall be construed as acceptance and conformity to the updates made to the Policy.

INTERPRETATION AND SUPPLETORY APPLICATION OF TERMS OF SERVICE

It is understood that the provisions, rules, and stipulations contained herein shall primarily govern the processing of the Information of the Users. The Policy shall be liberally construed to carry out the objectives of the Agreement legally and equitably.

The provisions and stipulations in the Agreement, however, shall apply in a suppletory character.

In case of irreconcilable conflict between the interpretation, contents, and words of the provisions of the Policy and the Agreement, the interpretation favorable to the validity and legality of the Agreement shall prevail.