PRIVACY POLICY

 

This Privacy Policy explains how Xurpas Inc. ("Xurpas") and some of the companies it works with collect, use, share and protect information in relation to the Xeleb Live application (the "App") and any associated services, features, content or applications offered through the App (collectively including the App, the "Services"), and your choices about the collection and use of your information.

 

Our Policy applies to all visitors, users, and others who access the Services ("Users", or "you").

 

During our relationship with you, we may collect personally identifiable information ("Personal Information") from you. Examples of the types of Personal Information we may collect include your name, mobile number, email address, birthday, network and device data (including your IP address and device or advertising identifiers), social media account login credentials, voice recording (for customer service calls), and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us.

 

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (ex. Facebook, Twitter, Instagram) (each a "Third Party Service") that you elect to access through the Services or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

 

By (1) clicking "Yes" on our Privacy Policy pop-up or any web form referring to this Privacy Policy on any of our Services; (2) submitting your Personal Information to us when signing up for an account on the App; or (3) participating in the shows and other promotions and activities on the App, you are agreeing to the terms of this Privacy Policy.

 

We may update this policy as necessary to keep it responsive with data privacy requirements. You agree to be bound by the prevailing terms of this Privacy Policy as updated from time to time. We will endeavor to notify you by notice on the App of any material changes to this policy.  

 

Collection of Personal Information

 

We collect your Personal Information from you when:

 

1.       You provide information when you register an account on the App;

2.       You use any of our related services, such as subscribing to our newsletter and promotion notifications;

3.       You participate in the live game shows using the App;

4.       You browse or otherwise interact with the App;

5.       You accept our cookies on your device;

6.       You interact with our Customer Service team or other representatives, for example, via emails, telephone calls, letters, or face-to-face meetings;

7.       You interact with us on our accounts on third party social media platforms;

8.       You participate in our promotions, lucky draws, initiatives, or any request for additional Personal Information such as customer surveys;

9.       We receive references from business partners and third parties;

10.   Your authorized representative submits your Personal Information to us for any purpose reasonably authorized by you;

11.   Our third-party analytics and other service providers provide your Personal Information to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or

12.   When you voluntarily submit your Personal Information to us for any reason.

 

We may also collect your Personal Information in circumstances where such collection does not require consent under the Data Privacy Act of 2012 and its subsidiary legislations and regulations as amended from time to time (collectively, "Data Privacy Laws").

 

If you sign up for an account on the App using your account on a Third Party Service (such as your social media account login credentials), we shall collect and receive information about you which you have voluntarily provided under such Third Party Services in connection with providing the Services, but only if you expressly allow us to use such information. Such account information shall be covered by this Privacy Policy. However, you acknowledge that the Third Party Services shall be accountable under the law for the collection and processing of Personal Information and other information you shared to the Third Party Services.

 

Please ensure that all Personal Information submitted to us is complete, accurate, true and correct. Failure to do so may result in our inability to provide the Services.

 

Use and Disclosure of Personal Information

 

We may use and disclose your Personal Information for purposes necessary to provide you with the Services, including to:

 

1.       Register and maintain your user account and to verify your identity or age;

2.       Process your winnings and payment of prizes;

3.       Deliver or perform the Services, including our representatives calling or messaging you to obtain your instructions on claiming your prize;

4.       Provide you with supporting services and functions related to your user account;

5.       Communicate with you in relation to (i) your queries, requests and feedback; (ii) material changes to our Terms of Use, Privacy Policy or other terms and conditions, and (iii) matters relating to the operation of your account;

6.       Personalize and improve your customer experience when you use the App;

7.       Monitor and enforce compliance with our Terms of Use;

8.       Comply with any applicable law; and

9.       Ensure the App functions properly and to improve its performance, by carrying out activities such as debugging, statistical analyses for optimizing the App.

 

(collectively, the "Purposes")

 

In addition, we may use and disclose your Personal Information for the following purposes, to:

 

1.       Send you marketing communications in relation to our promotions, products and services;

2.       Send you marketing communications in relation to the promotions, products, services or promotions of our business partners;

3.       Deliver ads which are related to our products and services which may be of interest to you on the App or other websites, apps, or online platforms;

4.       Enable businesses to deliver ads which are related to their products and services which may be of interest to you;

5.       Provide you with our add-on or premium services;

6.       Invite you to our private customer events;

7.       Process your participation in our promotions, lucky draws, initiatives or any request for additional Personal Information such as customer surveys;

8.       Conduct market research and customer research, analysis or tracking;

9.       Promote our products and services on our products, services and platforms;

10.   Manage the administrative and business operations of Xurpas and complying with internal policies and procedures;

11.   Improve your customer experience across all touchpoints and training our customer service team, such as by recording and monitoring phone calls; and

12.   Any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page;

 

(collectively, the "additional Purposes")

 

We may also use your Personal Information (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such use does not require consent under Data Privacy Laws.

 

If you withdraw your consent for us to use and process your Personal Information for the Purposes or the Additional Purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.

 

When we Disclose Personal Information

 

In instances when we may need to share some of the Personal Information you have provided to us, we ensure that it is disclosed on a confidential basis, through secure channels, and only in compliance with Data Privacy Laws.

 

We do not engage in the business of selling your Personal Information to third parties.

 

In some instances, we may be required to disclose your Personal Information to our agents, subsidiaries, affiliates, business partners and other third party agencies and our service providers as part of our regular business operations and for the provision of our products and services. This means we might share your information with:

 

1.       Our service providers, contractors, and professional advisers who help us provide our products and services. This includes partner companies, organizations, or agencies, and their sub-contractors. For example: the telecommunications companies with whom we will partner in order to provide the Services;

2.       Our subsidiaries and affiliates with whom you have also signed-up with. We do so only for the improvement of each other"s business operations. For example: we share your account information to facilitate your use of our applications and platforms, resulting in faster and more convenient login;

3.       Other companies to whom you have also given consent for us to share your information with; and

4.       Law enforcement and government agencies, but only when required by laws and regulations and other lawful orders and processes.

 

We may also disclose your Personal Information (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent, the Additional Purposes; or (b) in circumstances where such disclosure does not require consent under Data Privacy Laws.

 

We do our best to minimize the disclosure of your Personal Information to the information necessary to perform the related Purpose of Additional Purpose. Our disclosure of your Personal Information shall be in accordance with Data Privacy Laws. You hereby acknowledge, agree and consent that we are permitted to disclose your Personal Information to such third parties for one or more of the above Purposes or Additional Purposes, and for the said third parties to subsequently collect, use, disclose and/or process your Personal Information for one or more of the above Purposes and Additional Purposes.

 

Withdrawal of Consent

 

You may communicate your objection to our continual use and/or disclosure of your Personal Information for the Purposes and Additional Purposes and in the manner stated above at any time by contacting us at our e-mail address below.

 

Please note that if you communicate your objection to our use and/or disclosure of your Personal Information for the Purposes and Additional Purposes and in the manner stated above, depending on the nature of your objection, we may not be in a position to continue to provide the Services to you or perform on any contract we have with you. Our legal rights and remedies are expressly reserved in such event.

 

Accessing and Updating your Personal Information

 

You can access or update your Personal Information anytime by accessing your account on the App. For Personal Information that cannot be accessed or corrected by logging in to your user account on the App, or if you do not have an account with us, you may request to access and update such Personal Information by submitting a written request to us by emailing our Data Protection Officer at the e-mail address below. We may need to request additional information from you to confirm your identity before providing the access or making the update. We reserve the right to charge a reasonable administrative fee for retrieving your Personal Information records.

 

We will do our best to respond to Personal Information access and update requests within 30 days. Where we are unable to meet this timeline, we will update you with the soonest possible time within which we can provide the information or make the update. Please note that certain types of Personal Information access and update requests may be exempt under Data Privacy Laws.

 

We take steps to share the updates to your Personal Information to third parties with whom we have shared your Personal Information if your Personal Information is still necessary for the Purposes and Additional Purposes.

 

Administration and Management of Personal Information

 

Your rights and freedoms as a data subject in accordance with Data Privacy Laws shall be respected. We will make reasonable efforts to ensure Personal Information likely to be used by us or disclosed by us to another organization is accurate and complete. However, you should update us of any changes in your Personal Information. We shall not be liable for relying on inaccurate or incomplete Personal Information you have not updated us of changes.

 

We will also place reasonable security arrangements to ensure that your Personal Information is adequately protected and secured. This includes putting in place reasonable security measures to prevent unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Information. We will not be responsible for any unauthorized use of Personal Information by third parties which is attributable to factors beyond our control.

 

When Personal Information in our possession is (i) no longer required for any reason connected to the purpose it was originally collected, (ii) retention by us is no longer necessary for any other legal or business purposes, or (iii) ordered blocked, removed, or destroyed by you, we will exercise measures to ensure such Personal Information is either destroyed or anonymized.

 

If Personal Information is transferred out of the Philippines, we will comply with Data Privacy Laws in doing so. This includes: (i) obtaining your consent, unless an exception exists under Data Privacy Laws or any other laws, and (ii) executing necessary data sharing or outsourcing agreement, unless an exception exists under Data Privacy Laws, and (iii) taking reasonable steps to ascertain whether the foreign recipient of the Personal Information is bound to comply with standards of protection that are at least comparable to the Data Privacy Laws.

 

Collection of Computer/Mobile Phone Data

 

We, or our authorized service providers, may use cookies, web beacons, and other similar technologies for storing information to help provide you with a better, faster, safer, and personalized experience when you use the Services.

 

When you use the Services, our company servers will automatically record information that your mobile device sends whenever you use the Services. This data may include:

 

-          Your mobile device"s Internet Protocol (IP) address

-          Your Mobile Device Identifiers/International Mobile Equipment Identity (IMEI)

-          The time you spend on the App

 

This information is collected for analysis and evaluation in order to help us improve our Services.

 

Cookies are small text files placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalize the content to match your preferred interests more quickly, and to make our Services and the App more convenient and useful to you.

 

Web beacons are small graphic images that may be included in the Services. They allow us to count users who have accessed the App so that we can better understand your preference and interests.

 

Changes to the Privacy Policy

 

We will regularly review the sufficiency of this Privacy Policy. We reserve the right to modify and change the Privacy Policy at any time. Any changes to this policy shall be published on our website at www.xeleblive.com and on the App.

 

By (1) clicking "Yes" on our Privacy Policy pop-up or any web form referring to the amended Privacy Policy on any of our Services, (2) submitting your Personal Information to us when signing up for an account on the App, or (3) participating in the shows and other promotions and activities on the App, you are agreeing to the terms of the amended Privacy Policy.

 

Contacting Us

 

For any questions relating to your Personal Information or about this Privacy Policy, if you have any complaint regarding the collection, use or handling of your Personal Information by us, or a question about how we are complying with Data Privacy Laws, you may contact our Data Protection Officer via the following methods:

 

a.       Philippines Telephone Number: +65 889 6467

b.      Email Address: dpo@xurpas.com

c.       Office Address: 7F Cambridge Centre Building, 108 Tordesillas Street, Salcedo Village, Makati City, Philippines

d.      Attention: "Data Protection Officer"

 

Emails and letters should clearly state that you are making a data protection query, request, or complaint in the subject line to ensure that the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.

 

Governing Law

 

This Privacy Policy and your use of the App and the Services shall be governed in all respects by the laws of the Philippines.

 

 

Last updated on: 26 November 2018