Privacy Policy

Chikka Privacy Policy

# Data Privacy Statement

(Last Updated: 31 May 2017)

Our Approach to Privacy

To provide you with the best customer experience, Voyager Innovations, Inc. is committed to protecting your privacy and staying transparent with the way we handle your personal information. For this we have designed a privacy policy that will help you understand how we collect, use, store, share and protect the personal information you have entrusted us.

Privacy Policy

Our privacy policy values and protects your personal information under the Data Privacy Act of 2012 and the laws of the Philippines. Personal information simply means any information or data that can be used to distinguish, identify or contact you.
Our Privacy Policy explains:

1. Why we collect personal information

2. What kind information we collect

3. Where we get these information

4. Who we share your information with

5. How we protect your information

6. Your choices, including how you can check and update any personal information we have about you

7. What happens if there are changes in our privacy policy
As a condition for use of our products and services, you are consenting to the Privacy Policy of Voyager Innovations, Inc. (we, our, us) and its subsidiaries, affiliates, and subcontractors; and the collection, use, access, transfer, storage and processing of your personal information as described in this Privacy Policy.

1. Why we collect personal information

To improve our products and services, it is important that we collect, use, process and analyze your personal information when it is reasonable and necessary. When we can, we aggregate and anonymize this information such that you are never identified as an individual. [Aggregating simply means presenting information in segments or categories like age groups; anonymizing means removing personally identifiable information from the data].
In particular, we are using your information to:

1. Manage your account, provide customer care activities, monitor the quality and security of the network, train our staff, and provide services timely and efficiently;

2. Send commercial and promotional advertisements, loyalty and rewards offers, surveys, customer care and aftersales communications, and other broadcast push messages;

Share your personal data with third-party content providers or other third-party services for which you sign up;

3. Conduct analysis for research and marketing initiatives, including the generation of anonymized or non-personally identifiable location and mobility data to show footfall, location patterns, crowd density, and other information that may be relevant for marketing purposes;

4. Generate statistical insights based on usage/network information to assist the Government in planning for healthcare, disaster, and other similar initiatives;

5. Run credit scoring programs and initiatives, including but not limited to, providing information to the Credit Information Corporation in accordance to Republic Act No. 9501, otherwise known as the Credit Information System Act; and

6. Perform such other processing or disclosure that may be required under law or regulations.
In cases where your separate and full consent is given, we are also processing your personal data to:

1. Create your personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;

2. Share your personal profile based on your interests, preferences, and mobility patterns from physical locations that you may visit, to our business partners and third-party service providers;

3. Compute your credit score based on data collected internally within the PLDT Group and its subsidiaries and affiliates, and share your credit score to third-parties to whom you specifically instruct us to share your credit score; and

4. Send you information on offers, promotions, and advertisements from our business partners and third-party service providers.

2. What type of information we collect

We collect information to provide better services to all of our users. This may range from the most basic like being able to offer promos that best suites the user’s to more complex use cases like which related services and digital content a user might find interesting & useful. This includes information such as:

Who you are:

* Basic personal information like your name, date of birth, gender, nationality, address, and identity supporting documents such as social security, passport, or tax identification numbers. You can check what we know about you by making a request to the Voyager Data Privacy Compliance Officer through the contact details provided below;

* Your credit card, bank and payment details; and

Your contact details like billing address, telephone number, mobile phone number, email address;

What you use our products and services for:

* The device you use when to access our Products and Services (such as your mobile handset, your computer system and platform) to customize our service for you;

* Your transaction history in our apps and websites, including but not limited to the date and time of transaction, transaction type, item name, item category, amount, and payment method; and

* No, we don’t look at the content of your text messages and we don’t listen to your calls, unless you’re talking to our hotline.

3. Where we get these information

There are a few different ways we collect information.

Information that you personally give us

Most of the personal information we have are those that you have given us yourself. You provide us personal information when you:

* Sign up to use our products and services by creating an account in our web sites or applications;

* Apply for subscription to our services by filling out a Service Application Form or Customer Information Sheet or provide personal information to one of our TeleSales representative;

* Get in touch with us to ask about something, file a complaint or request for service;

Take part in our research and surveys;

* Sign up in our booth in trade shows or events; and/or

* When you apply for job with us.

Information we collect during our relationship with you

We also collect information as you use our products & services, like when you:

* Use our networks - whether it is mobile, Wi-Fi, or other channels;

* Pay your bill or purchase add-on products and services;

* Use our apps, websites and self-service channels;

* Purchase items from our apps and websites; and

* Join our promos, prize raffles or reward & loyalty programs
We also collect anonymous information to help us tailor our Web sites and Applications to visitor interests and concerns; we also use this to improve our Applications for overall user experience. We use 'cookies' to help us understand which parts of our Web sites and Applications are the most popular, where our users are going and how much time they spend there. The information that is gathered through cookies is used solely to assist in improving both our Web sites and Applications design and function. Our Web sites are functional without the retention of cookies. You may elect to block cookies from our Web sites through your browser settings.
We also automatically track certain information about you based upon your behavior on our Web site and Applications. We use this information to do internal research on our Users’ demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include browsing history and your IP address.

Information we collect from other sources

We also collect information from commercially or publicly available sources like published directories and public documents. We may also obtain your personal information from third parties (credit agencies) and from other sources which you have given consent for the disclosure of such information relating to you and where otherwise lawfully permitted.

4. Who we share your information with

We will never share, rent or sell your personal information to third parties outside Voyager Innovations, Inc. (or the group of companies of which Voyager Innovations, Inc. is part of) except in limited circumstances as noted in this policy. In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, partners and other third party agencies as part of business operations and the provision of our products and services. This means we might share your information with:
* Our partner companies, organizations, or agencies including their sub-contractors or prospective business partners that act as our service providers, contractors, professional advisers who help us provide our products and services, for example our couriers for bill delivery and our customer contact centers for our hotline operations;

* Other companies in the PLDT Group of companies;

* Law enforcement and government agencies; and

* Other companies whom you have also given consent to share your information

5. How we protect your information

The integrity, confidentiality and security of your information are particularly important to us. That’s why we strictly enforce our privacy policy within the company and we have implemented technological, organizational and physical security measures that are designed to protect your information from unauthorized access, use, alteration and disclosure. We also put in effect safeguards such as:
* We keep and protect your information using a secured server behind a firewall, encryption and security controls;

* We restrict access to your information only to qualified and authorized personnel who hold your information with strict confidentiality;

* We undergo regular audit and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected; and

* We let you update your information securely to keep our records accurate
We will retain your personal data throughout the subscription of our products and services, and for a maximum period of five (5) years afterward.

6. Your choices, including how you can check and update any personal information we have about you.

You are afforded certain rights in relation to your personal data under the Data Privacy Act of 2012, which includes the right to object to processing, the right to access your data, the right to modify of inaccurate data, and the right to erasure or blocking of data.
If you wish to have access to your personal information in our records; or you think that such personal information we have of you is incomplete, not up-to-date, or otherwise inaccurate, you may get in touch with our Data Privacy Officer through the contact details provided below.

Our Contact Details:

Data Privacy Compliance Officer

dpo@voyagerinnovation.com

7. What happens when there are changes in this policy

From time to time, Voyager Innovations, Inc. may change this privacy policy to comply with government and regulatory requirements; to adapt to new technologies and protocols; to align with industry practices; or for other legitimate purposes. You will always be provided notice if these changes are material and, if we are required by law, we will also obtain your consent.

Subsidiaries and Affiliates

Smart Communications, Inc.

PLDT

ePLDT

Digitel Mobile Philippines, Inc. (Sun Cellular)

Cignal TV

PayMaya Philippines, Inc. (formerly Smart eMoney, Inc.)

FINTQnologies Corp.

FINTQ Inventures Insurance Agency Corp. (Surelite Insurance Agency)

Takatack Technologies Pte. Ltd.

Takatack Holdings Pte. Ltd.

Terms and Conditions

End User License Agreement

IMPORTANT - PLEASE READ THE FOLLOWING TERMS AND CONDITONS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND BY USING THIS WEBSITE OR DOWNLOADING ANY MATERIAL FROM THIS WEBSITE, YOU ARE INDICATING THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS.

This End-User License Agreement ("Agreement") is a legal agreement between you, the individual user ("User"), and Chikka Philippines, Inc. for the Chikka API which this Agreement is attached to or is a part of ("Chikka API"). Chikka API includes any and all materials, printed or electronic, furnished together with or in conjunction with the Chikka API and shall include all modifications and versions thereof. Additional terms and conditions governing your rights and obligations regarding the Chikka API and your use thereof are specified in Chikka Terms of Service ("Chikka Terms of Service"). Any reference made in this Agreement to Chikka Philippines, Inc. shall be deemed to include, its subsidiaries, successors, assignees, affiliates and any company that controls Chikka Philippines, Inc., directly or indirectly, and any other subsidiary of such controlling company.

Acceptance of Terms and Conditions

Your use of the Chikka API shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement and the Chikka Terms of Service. If you do not fully agree with all the terms and conditions of this Agreement and the Chikka Terms of Service, please refrain from installing or using the Chikka API or accessing and using the services included therein.

Grant and Termination of License

Chikka Philippines, Inc. hereby grants User a license, on an "AS-IS, WHERE-IS" basis, for purely private personal use and with no right to sublicense, to install and use the Chikka API in accordance with the terms and conditions of this Agreement and the Chikka Terms of Service. User acknowledges and agrees that the license is being granted without consideration other than User's faithful compliance with such terms and conditions. Any use of the Chikka API in violation of or not in strict compliance with such terms and conditions shall constitute the automatic termination of the license and the Agreement and shall equally constitute a bar to User's access and use of the Chikka API and the Chikka Services. In addition, Chikka Philippines, Inc. may exercise any and all rights and remedies it may have. Upon such termination, User shall destroy his copies of the Chikka API.

Intellectual Property Rights

The Chikka API, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, are the exclusive intellectual property of Chikka Philippines, Inc. and are protected under intellectual property laws and treaties. Generally, User may not exercise any ownership rights over the Chikka API, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components and may not exercise any rights over the same other than as specifically granted by this Agreement. Specifically, User may not use in an unintended manner, copy, distribute, reverse engineer, decompile or disassemble the Chikka API, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components.

Availability, Modifications and Reduction of Software Functionalities

User acknowledges and agrees that Chikka Philippines, Inc. may, at its sole discretion, at any time, without prior notice and without liability to any user or third party, limit, deny, create varying priorities or access to different users or different levels of service, update, modify or terminate, temporarily or permanently some or all of the functionality of the Chikka API, and the Chikka Services. User acknowledges and agrees to assume all risks relating to or arising out of such acts by Chikka Philippines, Inc. to the exclusion of Chikka Philippines, Inc..

Use of Chikka API

User acknowledges and agrees that the license granted herein for the use of the Chikka API may include business, commercial or institutional activities or pursuits, provided that it shall be limited to the use allowed by Chikka Philippines, Inc. User shall not use the Chikka API, or any Chikka Services for purposes contrary to law, public policy, customs and morals.

Restrictions on Use of Chikka API

User agrees to comply with all terms and conditions of use that User uses or connects to through the Chikka API. This includes, but is not limited to, proper registration such as acquisition and use of a user name and password. The Chikka API may not be used to upload or transmit any items that are illegal, harmful, harassing, defamatory, vulgar, libelous or otherwise objectionable. User may not use the Chikka API to breach or misappropriate any intellectual property rights of a third person or for any illegal activities. All information, both publicly posted and privately transmitted, are the sole responsibility of the person who sends or posts such items. Users are responsible for all information uploaded, posted, transmitted, emailed or otherwise made available via the Chikka API. Chikka Philippines, Inc. shall have the right to monitor materials posted and shall have the right to remove any material that in its opinion violates any law or this Agreement. USERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THEY HAVE POSTED IN THE PUBLIC AREAS OF THE CHIKKA API AND TRANSMITED IN PRIVATE E-MAIL OR INSTANT MESSAGES.

No Unlawful or Prohibited Use

No user can use the Chikka API for any purpose that is unlawful or prohibited by this Agreement. Users may not use the Chikka API to: (a) promote or advertise any unlawful or illegal activity or purpose, including any activity that could give rise to criminal or civil liability; (b) infringe on the copyright, patent, trademark, service mark or any other rights of any person or entity; (c) cause harm to minors in any manner; (d) upload, e-mail, post or transmit any material that is unlawful, illegal, obscene, vulgar, defamatory, harassing, threatening, libelous, objectionable racially or otherwise, or invasive of the privacy of another; (d) carry out any unauthorized alteration of any data or information on or supplied by another user of the Chikka API; (e) upload, post, e-mail or transmit any junk mail, or any other unauthorized communication, advertisement, or promotion; (f) distribute or transmit any software viruses or other computer code designed to interfere with the functionality of any computer, hardware, software, server, network or other equipment or devices; (g) impersonate or misrepresent any person or entity or the origin of any Download; or (h) collect, store, transmit, exchange or otherwise distribute the personal information of any users.

You may not attempt to gain unauthorized access to any Chikka service, or computer systems or networks connected to any Chikka service through data mining, hacking, robots or any other means. You shall not use the Chikka API in any manner that could harm, immobilize, overload, or impair any Chikka service or interfere with any other party's use and enjoyment of any Chikka service. Chikka reserves the right, in its sole discretion, to terminate your access to the Chikka API and the related services at any time, with or without cause and without notice.

Public Areas of the Chikka API

By posting information, data and/or content to any public forum or area of the Chikka API, the User automatically grants the irrevocable, non-exclusive, fully-paid worldwide license and rights to Chikka Philipppines, Inc. to use, publicly publish, publicly perform, copy, display and disseminate said information, data and/or content. The use also grants the right to Chikka Philippines, Inc. to create derivative works of, or incorporate into other works, such information, data and/or content and to grant the sub-licenses of said information.

Copyright and Trademark Information

"Chikka" is a registered trademark of Chikka Philippines, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.

Indemnification

You agree to indemnify, defend and hold harmless Chikka Philippines, Inc. and its agents, employees, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, licensors and assigns from and against any and all liabilities, claims, actions, demands, causes of action, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising from or concerning (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

Termination and Cancellation of Services

You agree that Chikka Philippines, Inc. at its sole discretion, may at any time terminate this Agreement, suspend or discontinue your use of the Service and individual services provided via the Service, access to the Chikka API, or any portion thereof immediately and without prior notice and without cause. Reasons may include notification by third parties that a User's activities are infringing on third party rights or are illegal according to applicable jurisdictions.

Miscellaneous

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Chikka Philippines, Inc. regarding the Chikka API and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

You agree that the terms of this Agreement are severable. If any part of this Agreement is held invalid or unenforceable, that term or provision will not affect the remainder of this Agreement, the remaining portions shall remain in full force and effect. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to copy, distribute, sell or resell the use of the Chikka API or the Chikka Services or any portion thereof.

No waiver of any term of this Agreement shall be rendered effective unless it is in writing, and signed by a duly authorized representative of Chikka Philippines, Inc. The remedies of Chikka Philippines, Inc. under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any term of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

Disclosure of Risks by Chikka Philippines, Inc. and User's Assumption of Such Risks

The Chikka API, and the Chikka Services are intended to facilitate internet to mobile, and vice-versa communications. As with any internet-based facility, they are not intended, and Chikka Philippines, Inc. hereby disclaims any intimation, suggestion or representation to the contrary, to be a facility free of various security, privacy and reliability issues.

Thus, in addition to well-known risks attendant in any internet or internet-related use, any use of the Chikka API, and the Chikka Services for the transmission and reception of messages which contain confidential or any other content-sensitive matters or messages which if delayed or not received may result in damage is inherently risky. The User therefore is advised not to use and is warned from using the Chikka API, and the Chikka Services for such messages. If User uses the Chikka API, and the Chikka Services for such messages, User expressly and exclusively assumes the risks thereof to the exclusion of Chikka Philippines, Inc..

Charge for Use

The fees to be paid to Chikka Philippines Inc. are set forth on our website pricing page or communicated to Users via email. Chikka Philippines Inc. has the right to issue a price change without notice.

Payments and payment terms to be made by third parties to Chikka Philippines, Inc. for the Services are based on Prepay terms. Chikka Philippines, Inc. shall not be obliged to perform any Services under this Agreement if User has not provided payments.

  1. For FREE TRIAL accounts. The system will deactivate the Short Code of user's account and will make it available to other users 30 days after the expiration of user's free credits. The system will send an email reminder to users 1 week prior to the deactivation of the Short Code. Users who still sign in to the web site will be redirected to the purchase page/upgrade page.

    • User's Short Code will automatically be removed from his account on the 31st day following the deactivation and will be made available to other users should he fail to upgrade his free trial account within the grace period of 30 days;

    • Users will need to upgrade his free trial account before availing of another Short Code.

  2. For UPGRADED ACCOUNTS. User's Short Code that are inactive and have balance of 500 pesos and below will be deactivated after 30 days. User's Short Code will automatically be removed from user's account on the 31st day and be made available to other users unless user purchases additional credits or uses the account.

Revenue Share for Developers

  1. CHIKKA shall within thirty (30) days from receipt of the settlement reports from the relevant carriers and/or partners, prepare and submit to Client/Partner a report setting out the revenue share of Client/Partner from the Service in the preceding month. Client/Partner shall invoice CHIKKA monthly for its relevant share in accordance with CHIKKA's monthly report. CHIKKA shall settle the invoice within thirty (30) days from the date of receipt of the payment from the relevant wireless carriers and/or partners.

  2. For Check payments, a valid ID (Driver's License, Passport, Postal ID, SSS) and TIN is required upon claiming.

  3. For Paypal accounts, payment will be credited to the same account used for purchases on the site.

Disclaimer of Warranties

CHIKKA PHILIPPPINES, INC. MAKES NO AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CHIKKA API, AND THE CHIKKA SERVICES. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CHIKKA API, AND THE CHIKKA SERVICES TO THE EXCLUSION OF CHIKKA PHILIPPINES, INC..

Chikka Philippines, Inc. shall provide services that meet reasonable commercial standards. Chikka Philippines, Inc. does not warrant that the services will be fault-free, that it will be available continuously or that all accessible carriers will be reachable at all times.

Chikka Philippines, Inc. is not responsible in any way for any mobile telecommunications systems or networks, which it does not operate and in particular for the network of the Operators. Chikka Philippines, Inc. shall not be held liable for the acts or omissions of carriers (including suspension or termination of Chikka Philippines, Inc. connections and/or contracts with any Carrier) or for faults in or failures of their apparatus or network, and in general for any other technical reason attributable to Carriers.

Limitation of Liabilities

CHIKKA PHILIPPPINES, INC. WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, AVAILABIL!TY OR RELIANCE ON THE CHIKKA API, AND THE CHIKKA SERVICES NOTWITHSTANDING THE FACT THAT CHIKKA PHILIPPPINES, INC. SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES.

Amendment of Terms and Conditions

Chikka Philippines, Inc. may, at its sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of this Agreement and the Chikka Terms of Service. By maintaining usage of the Chikka API, and the Chikka Services for a period of thirty (30) days after such change is posted on the Chikka website, User is deemed to have agreed to amended, modified, varied or new terms and conditions.

Choice of Law and Forum

This Agreement, the Chikka Terms of Service and the use of the Chikka API, and the Chikka Services shall be governed by the laws of the Republic of the Philippines. User expressly agrees that any and all dispute relating to or arising out of this Agreement, the Chikka Terms of Service and the use of the Chikka API, and the Chikka Services shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of the Philippines.

Customer Support

Subject to the other provisions of the Agreement, Chikka Philippines, Inc. will help you with any queries or problems that you may have with the Chikka API and Service. Please send your inquiries through email to api@chikka.com.