By clicking the applicable button or proceed box to indicate your acceptance of this Policy and our Terms, or otherwise by creating an Account and using the Service, you (the User-Applicant) hereby represent and agree that you have read, understand, and agree to be bound by both this Policy and our Terms as binding agreements.
Legal and Regulatory Information
We thank you for reading the terms of our application and accepting them.
REGULATORY REFERENCES
Payborit is a registered trademark under DigitalPH Asia Corporation (DIGIPH), a Filipino-owned domestic corporation organized in accordance with law, existing rules and regulations pursuant to R.A. No. 11127 and BSP Circular No. 1049, the National Payment Systems Act (NPSA) and other BSP governing rules and regulations of its mandate relating to the third pillar of central banking - in the maintenance of a safe, efficient, and reliable payment and settlement systems, including Registration of Operators of Payment Systems.
RISK WARNING
Consistent with, and considering the Company’s enterprise risk management and execution risk management strategies and practices, including regulatory and ethical compliance monitoring, it follows from the foregoing that the User hereby agrees, confirms and understands that the company cannot be held directly or indirectly liable, particularly in the event of financial loss, regardless of the amount and data information shared and consented by the User to be shared and further processed.
GENERAL WARNING OF TRANSACTIONS AND RECOMMENDATION
By clicking the applicable button or proceed box indicates your (the User-Applicant’s) acceptance of this Policy and our Terms, or otherwise by creating an Account and using the Service, you (the User-Applicant) represent and agree that you (the User-Applicant) have read, understand, and agree to be bound by both this Policy and our Terms as binding agreements.
Updates in the Policies from time to time may be made and your (the User-Applicant’s) continued use of the Service gives us (DigiPH) your (the User-Applicant’s) consent and acceptance of the most updated version of the posted Policy and Terms of Use in-app and on our website. For notices to be provided for any material changes upon the continued use covered by the Policy and Terms of Use, you (the User-Applicant) is responsible for ensuring that an up-to-date, active, and deliverable email address is updated and submitted to Payborit on file for you (the User-Applicant), and you, (the User-Applicant) agree that your (the User-Applicant’s) use of the Service will be subject to any updated Policy posted to the Terms of Use.
INTERPRETATION AND CONFLICTS
Capitalized terms used but not defined shall have the respective meanings given to them in the Terms of Use which constitute “The Policy” to give you general guidance as you visit and use our Service. These covers how we collect, use, store, and share your information when you use our Service. All references to “we”, “us”, “our”, or “DigiPH” refer to DigitalPH Asia Corporation. All references to “you”, “your”, or “user” relates to the person or entity who registered an Account on DigiPH or DigitalPH Asia Corporation to use or access the Services.
SOURCES
Applicability
This Policy applies to the personal information we collect for the Service. It does not apply to any non-personal information or any information collected by any third party. As used in this Policy, “personal information” means information that can be used to identify any natural person either directly or indirectly.
Moreover, if you are a Customer, we may collect Customer Data either directly from you or the user using our Payment Gateway Services.
Personal Information We Collect
Personal Information You Voluntarily Provide to DigiPH as an Individual Merchant.
Personal Information You Voluntarily Provide to DigiPH as a Corporate Merchant.
Information We Collect Automatically from Customers.
Personal Information used to make the Service available to users and to comply with legal and necessary obligations and requirements under existing laws specifically R.A. No. 11127, BSP Circular No. 1049 and its implementing rules and regulations, and R.A. No. 9160, Anti-Money Laundering Act in relation to R.A. 10173, the Data Privacy Act, to continually strive to promote and improve our service as a compliant and competitive company in the market.
ASSUMPTIONS & COLLECTED INFORMATION
We may also use your personal information for any other purposes with your consent.
When you apply for an Individual Merchant Account, we require that you provide us with certain personal information about you. This may include, but is not limited to, your first and last name, e-mail address, and contact number. As part of the account registration and verification process, we may also ask you for certain other information, such as your tax identification number, and documents that include personal information about you, along with your business information/employment such as, but not limited to, your business name/employer, address, business tax identification number, and (if applicable) a copy of your business profile and permits. These documents may include, but are not limited to, government-issued identification card/s, including identification card/s containing a photo and signature, and proof of valid bank document.
When you apply for a Corporate Merchant Account, we require that you provide us with certain information about the beneficial owner/s and the business itself. This includes, but is not limited to, your first and last name, e-mail address, and the name of your business. As part of the account registration and verification process, we may also ask you for certain other information, such as your phone number and your business’s tax identification number, as well as documents that include personal information about you. These documents may include, but are not limited to, government-issued identification card/s, including identification card/s containing a photo and signature, documentation verifying the legal existence of your business and its beneficial owners and principals, and related banking information, and other financial documents to verify your identity and assess the risk associated with your business. The collection of this information is necessary to provide the functionality of the Service and/or to comply with applicable laws and regulations related to the Service’s product offerings.
Allowing you to register for an Account and use the Payment Processing Services;
Verifying your identity in compliance with our obligations under applicable law;
Identifying fraudulent or illegal activity;
Providing you with information, products, or services that you request from us;
Carrying out our obligations and enforcing our rights arising from any contracts entered into between you and us, including for billing and collection;
Notifying you about changes to the Service, such as updates to this Policy; and,
Understanding how our users interact with the Service to improve the Service and our product offerings.
DURATION OF USE OF THE APPLICATION
By continuing the use of this Application, the User hereby affirms and confirms to have read carefully with understanding and agreement with this Policy. By clicking the applicable button or proceed box to indicate your (the User/Applicant’s) acceptance of this Policy and our Terms, or otherwise by creating an Account and using the Service, you (the User/Applicant) represent and agree that you (the User/Applicant) have read, understand, and agree to be bound by both this Policy and our Terms as binding agreements.
LINKS TO THIRD PARTY WEBSITES APPLICATIONS
Any third-party entity to which we disclose your personal information is contractually required to comply with confidentiality standards and establish adequate safeguards for data privacy, undertake to respect your right to privacy and comply with applicable laws. We also require that these third-party entities use information shared with them only for authorized purposes and follow our reasonable directions with respect to this information respecting our consensual obligations and rights pursuant to and under existing laws and regulations.
PRIVACY
In accordance with law, and data privacy it is our on-going commitment to protect and preserve data and information. However, we may also use your personal information for any other purposes upon your consent. Thus, the following are our privacy guidelines on:
How We Share Personal Information pursuant to R.A. No. 10173 in respect and in relation to R.A. No. 9160 also known as Data Privacy Act of 2012 and Anti-Money Laundering Act, and its IRRs respectively.
Certain Disclosures
With our contractors and vendors who support aspects of the Service and our business including; services related to website hosting, data analysis, information technology, and related infrastructure, bank account identity and authentication, helpdesk and support, user identity verification, and fraud prevention;
With our banking partners, including Payment Method Providers and Acquirers, who enable the processing of Transactions via the Payment Processing Services;
With a buyer or other successor in the event of a merger, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred;
When we believe, in good faith, that disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service or any other applicable policies;
The User/Applicant may refer to the List of Third Parties for the list of said contractors and vendors;
for certain transfers, due notice to our users shall be given with your consent; and
kindly refer to the List of Third Parties for the list of said contractors and vendors.
Third-Party Obligations on Privacy of Transactions.
Any third-party entity to which we disclose your personal information is contractually required to comply with confidentiality standards and establish adequate safeguards for data privacy, undertake to respect your right to privacy and comply with applicable laws. We also require that these third-party entities use information shared with them only for authorized purposes and follow our reasonable directions with respect to this information.
Additionally, we may share your personal information as required to comply with any subpoena, court order, or similar legal process, which includes submission to the jurisdiction of any government agency or regulatory request with due notice to any person concerned to the extent permitted by law.
Finally, we may disclose anonymized, non-personal information about the Service and our users without restriction.
If you do not wish any of your personal information to be shared with any third party or for any of the indicated purposes, please contact us immediately at info@digiph.com
DATA SECURITY
We use commercially reasonable physical, technical, and administrative measures to secure your personal information from accidental loss and unauthorized access, use, and disclosure. For example, we (i) have implemented a strict data security policy, (ii) restrict access to personal information to employees, contractors, and other service providers on a need-to-know basis, (iii) use industry-standard encryption technology to secure data, (iv) train our personnel on privacy issues and have appointed a data privacy officer, (v) review the privacy practices of new products and services that we integrate into our Service, and (vi) require our personnel to sign confidentiality agreements that extend to your personal information. However, the transmission of information via the Internet is not completely secure. As we cannot guarantee the security of information transmitted to or from us, we are not responsible for any unauthorized access to and disclosure of any information you send, we are not responsible for any unauthorized access to and disclosure of any information you send or receive from us. Any transmission of personal information is at your own risk.
Please also keep in mind that the safety and security of your information also depend on you (the User). You (The User is) are responsible for keeping your (the User’s) account information, including your (the User’s) password, confidential. We ask you (the User) not to share your (the User’s) password with anyone. If you (the User has) have reason to believe that your data is no longer secure, please contact us immediately at the email address, mailing address, or telephone number listed at the end of this Policy.
DATA RETENTION
We may retain your personal information for the length of; (i) six (6) months after receipt of your request to delete your Account; (ii) the length of time required by law; (iii) the length of time required by our compliance program; or (iv) the length of time required by our banking partners, including Payment Method Providers and Acquirers. Please note that if you (the User) delete your (the User’s) Account, we may still retain your (the User’s) personal information as explained above. You (The User) may delete your (the User) Account through the Dashboard, or you (the User) may send an email request to the address provided at the end of this Policy.
AUTOMATED DATA COLLECTION TECHNOLOGIES
As you navigate through and interact with the Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, as further described in this Policy.
COOKIES AND ANALYTICS
We may use cookies and other technologies to automatically collect information about your use of the Service. You can learn more about these technologies below. We may use this information to provide you with a better user experience, comply with our legal obligations under anti-money laundering regulations, rules and related laws, protect you (the User) and detect irregular or suspicious account activities, customize our services and content for you (the User), and to better understand how our users interact with the Service.
Cookies. A cookie is a small file placed on your device when you visit certain websites. Cookies may be either first-party or third-party cookies, and they may be either permanent or temporary (i.e. session) cookies. It may be possible to refuse to accept cookies by activating the appropriate setting within your browser. However, if you disable or refuse cookies, please note that some parts of the Service may be inaccessible or may not function properly.
Other Technologies. We may use other third-party services that automatically collect information about you (the User) to better understand how you (the User) use and interact with the Service. For example, we may use third-party vendors to provide us with services surrounding analytics, advertising, and cybersecurity. The information collected through this process by the third-party service providers does not enable us or them to identify your (the User’s) name, contact details, or other personal information that directly identifies you (the User) unless you (the User) choose to provide these.
“DO NOT TRACK” SIGNALS
To the extent that we receive any Do-Not-Track signals, we will not comply with them.
THIRD-PARTY SERVICES
Any third-party services integrated with the Service shall be subject to the policies and practices of such third parties, and we are not responsible for how they collect, use, and share your personal information. We encourage you (the User) to review the privacy practices and policies of such third parties. We make no guarantees about and assume no responsibility for the information, services, or data privacy practices of third parties.
CONTACT US
To ask questions or comment about the Terms and Policy including our privacy practices, Kindly contact us at email address info@digiph.asia
INTELLECTUAL PROPERTY RIGHTS AND APPLICABLE LAWS AND JURISDICTION
Payborit is a registered trademark under DigitalPH Asia Corporation (DIGIPH), a Filipino-owned domestic corporation organized in accordance with law, existing rules and regulations pursuant to R.A. No. 11127 and BSP Circular No. 1049, the National Payment Systems Act (NPSA) and other BSP governing rules and regulations of its mandate relating to the third pillar of central banking - in the maintenance of a safe, efficient, and reliable payment and settlement systems, including Registration of Operators of Payment Systems. Payborit is duly registered with the IPO of the Philippines under Registration No. 4/2022/00501596.