PeSO DATA PRIVACY
Philippine eSports Organization (PeSO) is a local governing body for e-Sports, recognized by the Philippine Sports Commission and Philippine Olympic Committee as its eSports arm – and all its disciplines, which is established by, and consists of, its members, and is registered under the laws of the country where the Secretariat is based.
PeSO was incorporated in the Philippines and duly registered with the Securities and Exchange Commission (SEC) on July 17, 2014 with SEC Registration No. CS201425989. The registered principal office address of the Company is at 979 Westpoint V. Rama Avenue Guadalupe, Cebu City, Philippines.
The Company is primarily organized to encourage interest and awareness of electronic sports (“Esports”), as well as promote esports events, organize competition through tournaments and leagues, obtain marketing sponsorship for the competitions and to do and perform such other acts and things necessary or incidental to the accomplishment of the foregoing corporate business and objectives.
This Policy has been prepared under the provisions of the Philippine Republic Act 10173 or the Data Privacy Act of 2012 promulgated thereunder, and sets out the practices and policies for the protection of personal information (including sensitive personal data or information) collected, received, possessed, stored, dealt with or handled by PeSO.
Whereas, by using this website and Our services, you consent to the terms of this Policy and to our use and management of User Information for the purposes and in the manner herein provided.
Whereas, this policy is effective as of 1st day of November 2020
Whereas, any contract to provide any service under this Agreement by PeSO and or Our affiliates is not complete until complete consideration towards the product and/or service is received by PeSO or Our affiliates (as the case may be) from You.
Whereas, we reserve the right, in their sole discretion, to terminate the access to the websites and/or other mediums at any time, without notice to You, for general maintenance or for any reason whatsoever.
Whereas, we shall not be responsible for confirming transactions including whether the transactions are legal and valid as per the applicable laws.
Whereas, we, at our sole discretion, reserve the right to not to accept Your request without assigning any reason thereof.
NOW, Therefore, BY VOLUNTARILY PROVIDING PeSO WITH YOUR USER INFORMATION, YOU ARE CONSENTING TO OUR USE OF IT IN ACCORDANCE WITH THIS POLICY.
It is the policy of PeSO to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. PeSO recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.
This Policy describes Our policies and procedures on the collection, use, storage and disclosure of any information including, business or personal information provided by You while using Our website. This Policy specifically governs the collection and use of personal data and sensitive personal data or information provided by You and the processing of personal information and sensitive personal data or information provided by You while using Our website.
In the event of a conflict between the terms contained in the website documents and the terms contained in the agreements, as applicable to You, the terms of the agreements shall prevail unless specifically provided otherwise in the respective commercial agreement.
- Personal Information” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person and is not otherwise generally available in the public. For avoidance of doubt, examples of personal information include a person’s name, address, date of birth, voice, national identity number if any, driving license number, permanent account number.
- “Sensitive Personal Information” shall mean personal information, which consists of information relating to any to the following of an individual:
- physical, physiological and mental health condition;
- sexual orientation;
- medical records and history;
- biometric information (information derived from technologies that measure or analyse physical human characteristics such as voice patterns, fingerprints, facial patterns);
- financial information such as bank account or credit card or debit card or other payment instrument details.
- “User Information” shall mean, collectively, Your Personal Information and Sensitive Personal Information or data or any other information collected from You.
III. COLLECTION OF INFORMATION
PeSO will use User Information provided by You in accordance with the purposes described in this Policy.During Your use of website, PeSO may collect and process such information from You for our website or otherwise, including but not limited to the below mentioned:
- Information that You provide to Us by filling in forms on the website including Personal Information and Sensitive Personal Information;
- Information that You provide when You write directly to PeSO (including by e-mails or letters or any digital or electronic form);
- Information that You provide to PeSO over the telephone. (PeSO may make and keep a record of the information You share with PeSO);
- Information that You provide to PeSO through surveys, feedback and other documents of similar nature.
- In the event we collect photos of the User we shall take explicit permission when necessary.
PeSO will not collect Sensitive Personal Data or User Information from You unless the collection of such information or data is considered necessary for the purpose for which it is being collected and even in such a case, You will be made aware of the following:
- The fact that Your Sensitive Personal Information or data is being collected;
- The purpose for which the Sensitive Personal Information or data is being collected;
- The intended recipients of the Sensitive Personal Information or data.
IV. ACCESS TO USER INFORMATION
You shall have the right, upon request, to access and review Your Information provided to PeSO. You may decline to submit identifiable information through the website, in which case You may not be allowed to access certain features / parts of the website. If You are a registered user, You may update or correct Your information at any time by logging in to Your account. Alternatively, if You believe that any of Your information held by PeSO is inaccurate, You may write to PeSO at firstname.lastname@example.org It is Your responsibility to ensure that any information You provide to PeSO remains accurate and updated.
The Information collected by PeSO shall not be retained for longer than is required for the purpose for which the information may lawfully be used or is otherwise required under any other law for the time being in force.
Cookies are small files that reside on Your computer’s hard drive and generally contain an anonymous unique identifier and are accessible only by the website that placed them there and not any other sites (“Cookies”). Our website and services may also utilize Cookies and other tracking technologies to collect information about Your general internet usage.
Cookies enables PeSO to:
- Estimate Our users size and usage pattern;
- Store information about Your preferences, and allow PeSO to customize Our website according to Your interests;
- Speed up Your searches;
- Recognize You when You return to Our website;
- Recall Personal Information previously provided by you;
- Improve Our website and deliver a better and personalized service.
VI. USE OF INFORMATION
PeSO may also use the information provided by You in the following ways:
- Monitor, improve and administer our website,
- Conduct audit, research and analysis,
- Analyse how the website is used, diagnose service or technical problems, maintain security,
- Remember information to help you efficiently access the website;
- Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns;
- To confirm your identity in order to ensure that you are eligible to use the website;
- To ensure that content from our website is presented in the most effective manner based upon your interests;
- To contact you to ensure user satisfaction with respect to your use of the website;
- To provide you with information that you request from PeSO, where you have consented to be contacted for such purposes;
- To carry out our obligations arising from any contracts entered into between you and PeSO as well as between PeSO and third party service providers;
- To notify you about changes on our website:
- in relation to the functioning of any feature/service you access or have signed up for in order to ensure that we can deliver such features/services to you;
- in relation to any transaction entered by you on our website to subscribe to services;
- in relation to any issued query or requested information by You from PeSO;
- to enable PeSO to comply with Our legal and regulatory obligations.
VII. YOUR USE OF INFORMATION
- You may only use the site and mediums of Ours only for legitimate purposes and not for any inter-alia fraudulent or speculative reservations;
- You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing or selling any information, products or services acquired from PeSO through any means;
- We may provide You access to photographs, graphics, video or other material which may be protected by intellectual property laws. You shall not copy, modify, transmit or create derivative works of such material. You also agree to not copy, modify, transmit or create derivative works of any of the intellectual property registered by PeSO;
- You understand and acknowledge that any material obtained by You or your permitted assigns in relation to Our service shall be entirely at Your risk. You are solely responsible for any damage to Your computer systems or loss of data that results from the download of such material.
VIII. DISCLOSURE OF INFORMATION
- Except as provided for in this Policy, PeSO shall not disclose / transfer Your Sensitive Personal Information to any third party without Your prior consent, unless such disclosure / transfer:
- is necessary for performance of a contract between PeSO and You and You have authorized PeSO to share the Sensitive Personal Information, or
- is required to be shared under applicable laws or through a court order.
- PeSO may share Your Personal Information with third parties in the manner described below:
- When You place a request for services provided by PeSO on the website or otherwise through third parties, PeSO will share Your Personal Information with all such parties and their agents who are required for providing the services.
- PeSO may share your personal information with other PeSO entities, including those in different countries. When we do so, these other PeSO entities will use your information in a manner consistent with this Policy, any applicable Specific Privacy Statements, and all applicable privacy and data protection laws.
- In the event that PeSO sells or buys any business or assets, we may disclose Your Personal Information to the prospective seller or buyer of such business or assets. PeSO may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution.
- PeSO may disclose Your Personal Information to third-party service-providers, solely in the course of their provision of services to PeSO .
- PeSO may disclose Your Personal Information, if PeSO is under a duty to do so in order to comply with any legal obligation, or to protect our rights, property, or safety, or those of Our users, or other third parties.
- PeSO may disclose Your information, without Your prior consent, to governmental and/or other statutory bodies, who have appropriate authorization to access the same legally.
IX. CROSS-BORDER DISCLOSURE
Any personal data provided to PeSO may be transferred to, stored by or disclosed to an overseas recipient. For example, PeSO may use a server hosted overseas to store data, which may include your personal data.
Your personal data may also be processed by employees or by other third parties operating outside of the Philippines in countries like the United States of America or in the European Union, who work for 3MPI, or by the representatives and employees of 3MPI’s parent company and affiliates.
PeSO will take reasonable steps, in the circumstances, before your personal data is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal data.
X. STORAGE AND SECURITY
- PeSO endeavour to securely store all information we gather within databases controlled by PeSO. However, PeSO may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers.
- PeSO maintains reasonable safeguards to protect the confidentiality, security and integrity of your personal information. Although we use security measures to help protect your personal information against unauthorized disclosure, misuse, or alteration, as is the case with all computer networks linked to the Internet, we cannot guarantee the security of information provided over the Internet and will not be responsible for breaches of security beyond our reasonable control.
- Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, you agree and acknowledge that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while PeSO strives to use commercially acceptable means to protect Your information, PeSO cannot guarantee its absolute security.
- PeSO uses commercially reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.
- In using the website, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the website will be at Your own risk.
- PeSO assumes no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold PeSO responsible for any breach of security.
- In the event PeSO becomes aware of any breach of the security of Your information, PeSO endeavour to take appropriate action to the best of Our ability to remedy such a breach.
XI. RETENTION OF YOUR PERSONAL INFORMATION
How long we keep your personal information will vary and will depend on the purpose and use of information collected. There are legal requirements that we keep some types of data for specific periods. Otherwise, we will retain it for no longer than is necessary for the purposes for which the data was collected.
PeSO will keep confidential and protect any and all information provided by You except where disclosure is required or permitted by law. We provide access of Your information to employees, agents, advisors and consultants who We believe reasonably need to come into contact with that information to provide services to You or in order to do their jobs. The restrictions set out herein shall not apply to disclosure of information if and to the extent the disclosure is:
- Required by the applicable law of any jurisdiction;
- Required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law;
- Made, by PeSO, to its shareholders, managers, advisors and affiliates;
- Made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Policy.
You shall maintain confidentiality in relation to all information and agree to not disclose the same unless required by law. You hereby also authorize PeSO to contact You with offers through emails, calls, short messaging services (SMS) or any other mediums for any campaigns, promotional or like activities. You agree to indemnify PeSO, along with Our directors and employees against all types of losses and damages incurred by them due to any action taken by any other authority due to any erroneous complaint raised by You in this regard.
You agree to indemnify and hold PeSO, it’s employees, directors, shareholders and affiliates harmless from:
- Any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of any violation of the terms of this policy;
- Any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on your part;
- For fraud committed by you.
XIV. FORCE MAJEURE
PeSO shall not be liable for delays, injuries or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control (“Force Majeure”), such as acts of God, pandemics, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.
XV. CHANGES TO THE POLICY
We may update this Policy to reflect changes to Our practices. We encourage You to periodically review this page for the latest information on Our privacy practices. We are not obliged to share with You any such updates, whether material or otherwise and it shall be Your responsibility to keep yourself updated on any changes to the Policy. Our data storage, processing and security measures are constantly reviewed. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as guarding against any unauthorized access to systems where personal data is stored.
You expressly undertake to provide to PeSO, where applicable, information which is true, accurate and valid, and acknowledge that any default or deficiency would inter alia render the provision of the product or services by TierOne, inapplicable. You shall be responsible for ensuring compliance with the terms and any of Our other rules including the terms governing the service fees, or other rules. If You do not agree with any part of such terms, You must not avail of any of the services.
XVII. DATA CONTROLLERS INFORMATION/CONTACT
To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, you may reach PeSO through our Contact Us page. You can also contact our legal regarding your data privacy via email at: email@example.com
We will acknowledge and investigate any complaint about the way we manage Personal Data (including a complaint that we have breached your rights under applicable privacy laws).