INTRODUCTION:

Thank you for choosing to use the Philippine Data Privacy Basics e-learning facility (hereinafter referred to as the “Service”).

The Service offers Users access to information and learning resources (hereinafter referred to as “Content”), allows communication with other Users and such other features integral to the Service. The Service is owned and operated by IDESS Interactive Technologies (IDESS IT) Inc., at Unit Nos. 6, 7, & 8 2nd Floor Amires Bldg. Lot No. 7B Subic Commercial & Light Industrial Park, Manila Avenue Corner Rizal Highway, Subic Bay Freeport Zone (hereinafter referred to as IDESS IT).

If you wish to make use of the Service, please read this “Terms and Conditions of Use Agreement and Privacy Policy” (hereinafter referred to as this "Agreement") carefully before using the Service and indicate your acceptance during the Registration process.

If you do not agree to these terms and conditions of use, you are not authorized to use the Service.

By using the Service, you confirm that you have read, understood and agree to the terms of this Agreement, whether you are a "Visitor" (which means that you simply browse the Service’s Website) or you are a "Registered User” (which means that you have registered with the Service).

You also agree to review this agreement periodically to be aware of any changes to the agreement that may be implemented by IDESS IT at any time. Your continued use of the Service will be confirmation that you agree to any changes to this Agreement.

If you do not wish to continue using the Service under a new version of the Agreement, you may terminate your use of the Service by contacting techsupport@idessinteractive.com.

DEFINITIONS:

In this AGREEMENT, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:

• “SERVICE” means the Data Privacy Philippines e-learning facility.

• “CONTENT” means the e-learning modules created by IDESS IT.

• “IDESS IT” refers to IDESS Interactive Technologies (IDESS IT) Inc., the owner of the Service and the Content.

• “USER” means any person who has completed the registration process and has been approved to use the Service and the Content.

• “USER PROFILE” means the e-learning and assessment record keeping facility for each User.

• “YOU” means an individual or an organization such as a company, that uses the Service.

FINANCIAL

• The Service quotes fees and issues invoices in Philippine Peso (PHP) only, and are exclusive of any Tax and Bank Charges. Any local taxes or GST or bank transfer charges shall be for User’s account only.

• Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.

• To become a User of the Service, the client must pay in full. Corporate clients may provide a purchase order before the start of the User registration process, and IDESS IT will raise the appropriate invoice before providing access to the Content. Invoices must be paid within 15 days of the date of the invoice.

• License fees are for a one time use of each e-learning module which ends once 100 percent completion is indicated in the User Profile. Each license for any module is valid for a period of one month from date of registration. Each license is valid for one person only and cannot be exchanged or shared.

• IDESS IT reserves the right to review and change their fees at their discretion without notice.

• Late payment may incur penalty charges including removal of any discounts.

• IDESS IT reserves the right to charge interest on late payments of invoices at a rate of 1.5% per month.

Refund and Cancellation.

Fees paid for access to the Service are not refundable. In the event you are dissatisfied with the Service, we would appreciate your comments which please send to techsupport@idessinteractive.com

PERSONAL INFORMATION

Registration.

When you register to be a User of the Service, you must provide contact information and general information about yourself. You are responsible for the accuracy and completeness of information and for the security of registration details.

Information collected in a User profile is used to better understand the individual’s use of the Service and to support related transactions made on the website. The Service may also occasionally notify Users about important functionality changes to the website, offerings and services, using the information in a User profile.

Password.

As part of the registration process, the system will generate a password and then prompt you to change it and enter your own password. You are entirely responsible for maintaining the confidentiality of your password.

You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify the Service immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

SECURITY.

User accounts are secured by user-created passwords. The Service takes precaution to ensure that your personal information stored within our database is kept private.

The Service implements a variety of standard web security measures to maintain the safety and security of User personal information. IDESS IT restricts access to User personal information to those of its employees who need access to perform their job functions, such as our customer service personnel and technical staff, and to pursue legitimate interests of IDESS IT as may be permitted by law.

It is recommend that, if you share a computer, or use a computer that is accessed by the general public (i.e., a school or library, etc.), that you should log-out from the Service and close the browser window when finished with a session. This will help to ensure that others cannot access your personal information

Please note that we cannot guarantee the security of your personal information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of User personal information at any time. For any additional information about the security measures we use on the Service, please contact us at techsupport@idessinteractive.com

Log Data. The Service automatically records information ("Log Data") which may include non-private personal information such as your IP address, browser type, the referring domain, pages visited, your mobile carrier, device and application IDs, and search terms created by your use of the Service. Other actions, such as interactions with our website and advertisements may also be included in the Log Data.

The Service keeps Users' records/logs and other information as required for legal and administrative purposes only.

We do not actively market to children, and we do not knowingly ask for and collect personal information from a child under eighteen (18) years of age (the “child”). Upon learning that a child has provided us with personal information, we unilaterally delete the information within a reasonable time and terminate the child’s account. However, except for personal information, other types of information collected in the course of the child’s use of our services may remain in the system. Also, there is no guarantee that the information provided by the child was not used prior to the deletion. If you become aware that a child has provided us with personal information without parental consent, please contact us at techsupport@idessinteractive.com.

PRIVACY POLICY

Privacy. By using or participating in the Service, Users consent to the collection, transfer, processing and storage of information given to IDESS IT, consistent with our Privacy Policy, which is incorporated into this Agreement by this reference.

We pledge to maintain your privacy while visiting our site. We will treat your personal data with the highest standards of safety, security and confidentiality. However, we cannot guarantee that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. For example, we may be forced to disclose information to government agencies or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications.

Information we collect. When you register, you provide some personal information, such as your name, username, password, birthdate, country, and e-mail address, to create a User account. All information that you voluntarily provide, is collected and tracked in a database accessible to authorized IDESS IT personnel for system maintenance purposes, and designated Subject Matter Experts for Quality Management purposes. In addition, your scores, completion data and other performance standards are collected. This data is also accessible to these same entities.

E-mail Address. The Service may also use e-mail addresses and other personally identifiable information to communicate with Users who initiate communications with the Service.

We may use your e-mail address to send you information about our Services or to promote additional programs and training opportunities.You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our website. If you e-mail us, we may keep your message, e-mail address and contact information, and computer details (if available) to respond to your request.

The Service does not sell e-mail addresses or other general information, provided by Users, to other parties. The Service will not share any email addresses or other general information with third parties.

When you submit personal information on this site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which IDESS Interactive Technologies (IDESS IT) Inc., its affiliates and subsidiaries maintain offices, including without limitation, the United States of America.

Cookies. The Service uses cookies to store User’s preferences and session information. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, recording your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. The use of Cookies is standard on the Internet and commonly used by other websites. Although most web browsers automatically accept cookies, a browser can usually be changed to prevent or provide notification whenever a cookie is sent. This gives the User the opportunity to decide whether or not to accept it. However, it is recommended that you enable cookies in order to use most functions of the Service.

NOTE: For some web pages that require an authorization, cookies are not optional. If Users decline to accept cookies they may not be able to access those pages which will prevent them from ordering or from maintaining an account on this website.

Links. The Service contains links to sites. The Service is not responsible for the contents of any site (including those the Service links to), and the privacy policies and/or practices on these sites. The inclusion of any link on the Service does not imply endorsement by IDESS IT of the site. Use of any linked site is at the User’s own risk. When linking to another site, a User should read the privacy policy stated on that site. Our privacy policy only governs information collected on the Service.

Any organisation that wishes their Users (employees, students, etc.) to take advantage of the Service’s learning resources are welcome, at no charge, to link to the Service’s website.

Changes in Our Privacy Policy. From time to time we may make changes to our privacy policy. If we make changes, we will post them in the Service’s website to make Users aware of what the changes are to ensure Users will always be aware of what information we collect, how we use it, and when we may disclose it. A User is bound by any minor changes to the policy when he or she uses the site after those changes have been posted.

SERVICE LIMITATIONS AND MODIFICATIONS

IDESS IT will make reasonable efforts to ensure that the Service remains operational.

However IDESS IT reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions or features of the Service and the Content with or without notice, all without liability to you.

You understand, agree and accept that IDESS IT has no obligation to maintain, support, upgrade, or update the Service or the Content.

INTELLECTUAL PROPERTY RIGHTS

The Service contains learning resources (“the Content”). IDESS IT is the exclusive owner of all rights, title and interest in the Service and the Content including without limitation, any and all rights of copyright, patent rights, trade secret rights, trademark and service mark rights, trade dress rights, character rights, and any and all other proprietary rights of any kind whatsoever associated with the Service and the Content.

LICENSE

IDESS IT grants you a limited, non-exclusive, revocable license to make use of the Service, and a limited, non-exclusive, revocable license for personal, non-commercial, educational use of the Content. You promise and agree that you are using the Content for your own personal, non-commercial, educational use and that you will not redistribute or transfer your license to use the Service or the Content.

DISCLAIMERS and LIMITATION OF LIABILITY

Users access the Service and the Content at their own risk. The Service is provided on an "as is, as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed.

The Content of this Service is distributed solely for training purposes and IDESS IT disclaims any and all liability for any actions or omissions exercised in reliance to the Content, the material contained therein and the accompanying material. No warranty is made that the Content and other materials appearing on this site are accurate, complete or current. The entire risk arising out of the use or performance of the Content, the material therein and the accompanying material remains with you. You should especially be aware that all factual situations you may encounter require individual evaluation on your part and you are solely responsible for your actions or omissions.

IN NO EVENT WILL IDESS IT, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOST PROFITS, LOST SAVINGS, SERVICE INTERRUPTIONS OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE THE CONTENT EVEN IF IDESS IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

IDESS IT’S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT PAID FOR THE CONTENT PURCHASE BY THE USER UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

The Service is also a distributor of information supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, or any User, are those of the respective author(s) or distributor(s) and not of the Service.

IDESS IT does not warrant or make any representations concerning the accuracy, likely results or reliability of the Service or the Content.

In addition, the Service allows content to be uploaded to the site for viewing by Data Privacy Philippines elearning Users. We cannot be held accountable for files uploaded by third parties that result in software problems or the transmission of viruses.

DISPUTE RESOLUTION

This Agreement and any matter arising from or in connection with it shall be governed by and construed in accordance with the laws of the Philippines.

Every effort shall be made to settle any dispute amicably.

In the event an amicable resolution is not achieved, any dispute, or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled by binding arbitration in accordance with the Singapore International Arbitration Centre rules in force at the time.

TRADEMARKS

IDESS IT, the IDESS IT logo and Data Privacy Philippines logo are registered trademarks of IDESS IT.

Other product names mentioned may be trademarks or registered trademarks of their respective companies and are hereby acknowledged.

CONTACT INFORMATION

IDESS IT welcomes your comments and concerns regarding this Agreement. If Users have questions or need more information, please contact IDESS IT at techsupport@idessinteractive.com.