PRIVACY POLICY | LISTA
Privacy Statement | Lista
Date Updated: [October 17, 2023]
I. INTRODUCTION
Welcome to LISTA BOOKKEEPING APP, INC.
Lista Bookkeeping App, Inc. (“Lista”, “our”, “us”, or “we”) and its various official partners (“Partners”) are committed to protect and respect your rights to your personal data, in compliance with Republic Act No. 10173 or “the Data Privacy Act of 2012”; related rules, regulations, and issuances of the National Privacy Commission (“NPC”); and with the adoption of constantly changing commercially acceptable standards for data protection (collectively, the “Law”).
Please read our Privacy Statement to know the “whys”, “whats”, “whens”, “hows”, and “who’s/’re”, among others, of our Statement for our community’s data protection.
By expressly providing your consent to our Privacy Statement and our Terms & Conditions, or by accessing, benefitting from, or using, our varied platforms, whether in print or via our online software systems, directly or indirectly, such as the latest official build of our Lista Website at https://www.lista.com.ph/ (“Website”) and the latest versions of our official mobile application (“App”) (collectively, “Platforms”) available on Google Play Store, Apple Play Store, and other similar platforms and other services including but not limited to recording credit/payment, communicating dues/balances via the site and application, any mobile or internet connected device or otherwise (collectively the "Lista Service"), you hereby acknowledge that you have read, understood, and agree to the terms of our Privacy Statement, Cookie Statement, Terms & Conditions, and any other documents that are referred in this Privacy Statement. You agree to having your data collected, corrected, transferred, stored, retrieved, used, retained, shared, deconstructed, and/or destroyed in the manner disclosed in this Privacy Statement and our Terms & Conditions. This Privacy Statement applies to all people and entities accessing our Platforms.
This Privacy Statement (together with our Terms & Conditions, our Cookie Statement, and any other documents referred herein) explains our Statement regarding the collection, use, retention, disclosure and transfer of your information by Lista. This Statement forms part and parcel of the Terms of Use for the Lista Services. Capitalized terms which have been used here but are undefined shall have the same meaning as attributed to them in the Terms of Use. Users (as defined hereinafter) are requested to read this Statement in conjunction with the Terms of Use.
The Application/Site facilitates the provision of an online digital ledger book/record book enabling Users to document their ledger entries in relation to their respective customers. Additionally, the Platform grants Users the ability to generate a payment link, which can be transmitted to their respective customers. By utilizing the payment link, customers are enabled to make payments to the Users, thereby fulfilling their obligations towards the Users. It is important to note that the term ‘Services’ encompasses any other prospective services Lista may offer or propose to offer.
We respect the privacy of the users of the Lista Services (“Users” or “you”) and are committed to reasonably protect it in all respects. The information about the User as collected by us are: (a) information supplied by Users; and (b) information automatically tracked while using a mobile device having Lista Services enabled (collectively referred to as “Personal
Information”).
By accessing the Site, App or otherwise using the Lista Services, or by clicking on the tick box, you consent to this Statement’s terms on the collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the Lista Services that we offer.
If you do not agree to be bound by all the terms of this Privacy Statement, Cookie Statement, Terms & Conditions, and Data Sharing Agreement, please exit and uninstall from your devices our Platforms and do not access, use, and/or receive benefit from any of our Platforms and our collection of Services.
We may, at any time and at our sole discretion, amend, and update this Privacy Statement. You are responsible for, among others, regularly reviewing this Privacy Statement.
II. DEFINITIONS
“SERVICE” means the Platforms operated by Lista.
“PERSONAL DATA” means any personal information and/or sensitive personal information as defined under the Law, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual from information either in our possession or likely to come into our possession.
“USAGE DATA” is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
“COOKIES” are small pieces of information (including but not limited to small text files) that can be transferred by the web server and/or stored in a web browser, computer hard drive, cellular phone, tablet, other personal communication devices, applications or web tools (“Device”). Small graphic images such as “pixel tags” or “clear GIFs”, or small computer files, computer programs, and similar technologies that store information on your Device or collect information or help us to identify you, your account or Device can also be included on our Lisa Platforms. Cookies are widely used to remember you and your preferences, either for a single visit or multiple repeat visits.
“DATA CONTROLLER” or “PERSONAL INFORMATION CONTROLLER” means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Statement, we are a Data Controller of your data.
“DATA PROCESSOR” or “PERSONAL INFORMATION PROCESSOR” means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
“DATA SUBJECT” is any living individual whose Personal Data is being processed pursuant to this Privacy Statement.
“USER” is the individual using our Service via our Platforms. The User corresponds to the Data Subject whose Personal Data is protected by the Law.
III. WHAT DATA WE COLLECT
Depending on your User type, we collect several different types of Personal Data for various purposes to provide and improve our Service to you.
You provide us with personally identifiable information such as your name, email address, and physical address through various media and/or forms, such as original, notarized, and/or stamped documents in print or copies in accessible, legible, and electronic format, as may be necessary. Other Personal Data that we do not expressly require of you but which you willingly provide to us are collected as well. The information we collect depends on the features, functionalities, products, and Services that you request through our Platforms. Such information, which may or may not include personally identifiable information, includes but are not limited to the following:
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Name (First Name, Middle Name, and Last Name);
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Personal photographs/images;
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Gender;
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Age;
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Nationality or Citizenship
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Birthdate;
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Place of Birth;
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Email address;
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Home Address;
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IDs Presented;
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Work Details;
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Business Name;
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Business Category;
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Mobile Number (including GCash Number);
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Credit Scoring Data and Reports
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Transaction Receipts (Merchant Name, Transaction Date, Amount, etc)
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Device information;
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Log Data;
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Computer Internet Protocol address (“I.P.”) address;
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Browser version;
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Visited Websites;
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Timestamps of Website Visits;
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Pages Viewed;
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Page response time;
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Valid government-issued identification cards (“IDs”) and details therein; and Cookies and Usage Data.
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Cookies and Usage Data; and
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Loan data & reports
The Personal Information provided by the Users is essential for the provision and enhancement of the Lista Services, with the aim of providing an optimal user experience. As part of our ongoing efforts to improve the Services, we may occasionally request additional Personal Information from Users, beyond what has been previously mentioned, through the Application and/or Site, subject to the User’s explicit consent. Rest assured that we do not disclose this data to any third party, except as outlined within the provisions of this Statement. We reserve the right to verify the information and documents provided by Users using reliable sources. Users authorize Lista and any financial partners and/or third-party service provider to process Know Your Customer (KYC) Documents and determine their eligibility, subject to Lista’s Privacy Statement and Terms. The permission granted by Users for financial partners and/or third-party service providers to access KYC Documents is governed by the providers' privacy policies. The personal information collected during the KYC process is used solely for legal and regulatory compliance purposes, such as anti-money laundering (AML) and counter-terrorism financing (CTF). Lista maintains the confidentiality and privacy of Users' information and only shares it with authorized parties such as its financial partners with the User's explicit consent or as required by law. Lista is dedicated to safeguarding Users' personal data in accordance with relevant data protection laws and regulations.
We reserve the right to utilize your Personal Data for the purpose of communicating with you through newsletters, marketing materials, promotional content, and other information that may be deemed relevant and of interest to you. However, you maintain the option to unsubscribe from receiving any or all of these communications by following the provided unsubscribe link.
To enhance the User experience and provide certain Services more efficiently, we seek the explicit consent of the Users to employ an Optical Character Recognition Reader (OCR). This technology enables us to extract relevant data from Users’ receipts, such as expense items, expense amounts, transaction dates, and expense types. The purpose of utilizing the OCR is to streamline the recording and management of financial information.
In addition, the consent of Users is also requested for the implementation of SMS Parsing functionality. This functionality scans the content of Users’ text messages (SMS) and extracts specific data necessary for the automated tracking of Money In Money Out transactions. The collected data includes details such as expense amounts, expense categories, transaction dates, merchant names, and bank names. It is important to emphasize that the SMS Parsing functionality exclusively scans SMS messages received from service providers and product vendors, including entities such as Credit or Debit Card Issuing Institutes, Banks, mobile carriers, utility companies and retail outlets. Personal SMS messages are not accessed or reviewed by the SMS Parsing functionality.
By granting consent to these technologies, Users enable us to provide a more efficient and comprehensive service that simplifies the management of their financial transactions.
Any Personal Information that you provide shall not be deemed as personal information if such information does not meet the definition of personal information under Republic Act No. 10173 or the Data Privacy Act of 2012. Moreover, it is important to emphasize that any reviews, comments, messages, blogs or similar content posted, uploaded, conveyed, or communicated by Users on the public sections of the Site or an application store (such as the App Store or Play Store) shall be deemed as published content. As published content, it is possible that such information will no longer be regulated as personal information in light of data privacy laws.
Upon registering with the Services, it is probable that we may periodically contact you to request updates or revisions to your Information. This is intended to ensure the accuracy and currency of your provided details.
IV. INFORMATION AUTOMATICALLY TRACKED WHILE USING THE APP OR SITE
Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access our Service by or through a mobile device (“Usage Data”). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access our Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Transaction Records
All business transaction records are securely stored in a cloud-based environment, utilizing the services of financial partners and/or third-party infrastructure service providers. The selection of these providers is conducted with utmost care to ensure the highest standards of data protection and security.
Customer Information
We maintain the contact information of your customers in our records. Additionally, we retain a comprehensive log of all credit and payment-related communications with the customers. These measures are implemented to ensure accurate record-keeping and facilitate effective communication regarding credit and payment matters.
Demographic and Related Information
In order to deliver more targeted communications and promotions, we reserve the right to utilize additional sources of demographic and other pertinent information. This allows us to enhance the relevance and effectiveness of our communications with you.
To monitor and analyze user behavior on the App/Site, as well as to continually improve our services, we employ various tools such as Google Analytics, Firebase, Smartlook, and other similar platforms. These tools provide valuable insights into user interactions and enable us to optimize our offerings.
Valuable Feedback
Your feedback improves our community and our Services. You consent to the collection of Personal Data whenever you transact with our customer service and support personnel. Such information collected includes but is not limited to your full name, email address, mobile number, residential address, orders made, and account numbers. Please tell us what we can do to improve our Services.
Tracking Cookies Data
In our efforts to enhance the responsiveness of the Site for our Users, we may employ the use of cookies or similar electronic tools. These tools enable us to collect information and assign each visitor a unique and random number, known as a User Identification (User ID). This User ID allows us to gain insights into the individual interests of Users by analyzing their interactions on the identified computer. By continuing to visit the App/Site, you are expressly agreeing to the utilization of cookies and similar technologies for the purposes outlined in this statement.
Cookies and other technologies are employed for the purpose of analyzing and optimizing our websites, as well as for marketing initiatives. It is important to note that our partners may also assign their own cookies to your browser. This process is beyond our control, and we cannot govern or regulate the activities of our partners in this regard.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our
Service.
Our policy on cookies is more comprehensively discussed below:
V. COOKIE POLICY
This Cookie Policy describes what cookies are and how the website operator uses them in the Lista Platform and how it affects its content or services.
This Cookie Policy provides the types of cookies we use, the information we collect, and how the information is used. Our Cookie Policy is part of our Privacy Statement. By accessing and/or using the Lista Platform, you agree with the use of cookies as described in this Cookie Policy. If you choose to use the Lista Platform without blocking or deactivating the cookie or choosing other technologies to avoid the cookie, you agree to the use thereof and to the collection of personal data in accordance with this Cookie Policy and our other privacy policies.
Why do we use Cookies?
When you visit Lista Platform, your “cookies” are used to customize, enhance, and optimize your browsing, user, and overall experiences. Some cookies are also stored in Lista’s Platform since they provide various functions and facilitate certain features, such as storage of certain information that can be retrieved by the web server which can make the internet surfing experience more comfortable and useful for all users.
Anyone who uses multiple accounts or devices (including computers with different browsers) has several sets of cookies. In addition, cookies do not distinguish between several users who share the same user or device account. If more than one browser is used on a computer, each usually has a separate cookie store. Cookies can have no expiration date and can remain stored on your device for months.
Cookies cannot be used to get data from your hard drive, retrieve email addresses or steal Personal Data about you. The only way you can make any Personal Data part of your cookie file is if your device provides that information to a web server.
For more information about cookies, see www.aboutcookies.org, or www.allaboutcookies.org. You can also refer to our Privacy Statement which explains how we protect your privacy in the use of information and data about you.
While the cookies that we use may change from time to time as we improve and update our Lista’s Platform, we use cookies for the following purposes:
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(a) It helps us verify your account and protect its security by detecting malicious activities. For example, we can identify and impose additional security measures when someone attempts to access your account without your authorization such as by rapidly guessing different passwords;
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(b) It helps us combat violations of our Terms and Conditions or otherwise degrades our ability to provide our Services;
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(c) It helps us provide you with the relevant content and Services through our Lista’s Platform administration. For example, we can show you ads and recommendations in relation to your business;
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(d) It distinguishes you from other users when you return to our Lista’s Platform which allows a maximum and convenient browsing experience. For example, cookies can tell us your language and communication preferences; and
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(e) It ensures and improves the performance of our Lista’s Platform in terms of user navigation and usability and helps us evaluate the effectiveness of our marketing efforts.
What Types of Cookies Do We Use?
If you want to know more about certain Cookies that we use, please refer to the information below:
Examples of Cookies we use:
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Session Cookies: We use Session Cookies to operate our Service.
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Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
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Security Cookies: We use Security Cookies for security purposes.
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Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests
How to Avoid and/or Deactivate Cookies?
You can decide on how your device will accept, limit or block cookies by configuring your preferences or choices through your web browser settings. In addition, you can also configure multiple devices to notify you when a cookie is being placed and thereafter decide whether you will accept the cookie. You can also request to activate “private browsing”, a function offered by most web browsers. Even though private browsing does not totally block cookies, this will allow you to delete all cookies specific to the browser and device every time you close the browser or activate private browsing on that particular device. Some applications or web tools (e.g., Flash Cookie) allow you to restrict or block cookies in different ways or through different processes.
Your device, application or web tool can or cannot include one or all of the above functions to allow you to set cookies. For more information about whether the function is available and how the functionality works, visit the help menu on your device, application or web tools. Functionality on your device, application or web tools can be set through a different interface than the one provided by your web browser.
If you only browse our Lista’s Platform and you are not a registered user, you may still be able to use the Lista’s Platforms without agreeing to our cookie. However, limiting or blocking cookies can affect the usability of the Lista Platform. For example, you might not be allowed to watch videos or view other Lista’s Platform content.
You may choose to change the settings of your online browsers to prohibit, restrict, or at least notify you of cookie collection. We inform you that disabling collection of cookies may affect or completely disable some features or portions of our Platform or prevent us from performing our Services.
VI. WHAT WE DO NOT COLLECT
We do not collect more than what is necessary.
The only Personal Data, if any, that we collect comes from you. We collect only the minimum amount and kind of information necessary for our Services and our Partners’ products.
VII. LINK TO FINANCIAL PARTNERS AND THIRD-PARTY SITES/AD-SERVERS
The Site may contain links to other websites such as advertisers, blogs, content sponsorships, vendor services, social networks, and more. While we strive to select reputable and reliable partners, it is important to exercise caution that these websites operate under their own distinct privacy statements, which are beyond our control. To further protect yourself, we recommend reviewing the privacy policies of these websites before providing any personal information. When you navigate away from our Site (which can be determined by checking the URL in your browser’s address bar), any information you provide is subject to the Privacy Statement of the respective website operator. We cannot provide any representation or warranty regarding how your information is stored or used on financial partners and third-party servers.
VIII. WHOM WE SHARE THE DATA WITH
The Information (including Personal Information) collected may be shared with our affiliates, financial partners, and group companies to the extent required for our internal business and/or administrative purposes and/or general corporate operations and to any third-party service providers including marketing partners, and the User hereby consents to the same. We will take reasonable steps to ensure that these third-party service providers are obligated to protect your personal information and are also subject to appropriate confidentiality/non-disclosure obligations and they comply with the applicable provisions of the data protection laws. These entities, with whom we share the Information, may market to you as a result of such sharing unless you explicitly opt-out.
The User consents that we may have access to your location and device information and we may request you to provide your PAN, Know-Your-Customer (KYC) details, and biometric data to check your eligibility for certain products/ services including but not limited to credit and payment products, etc., to enhance your experience and provide you access to the services being offered by us, our affiliates, financial partners, or other third-party service providers (including lenders). Biometric data is collected and processed, with the consent of the User and subject to the limitations imposed by law, only for User verification using facial recognition and liveliness detection mechanism.
Further, the User also consents to share Personal Information, including Sensitive Personal information, when it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offenses. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing the Terms of Use or for complying with the applicable laws and regulations. No Personal Information of an individual User such as name, contact number, email address, spending data, card details, etc. would be shared with any other User and/or third party unless explicitly approved by the concerned individual User himself/herself. We may also present Personal Information related to credit records, User spends, patterns, and User data tracked by us only in the form of aggregated statistics on data such as overall app usage by date, time, balances, etc. within our App/Site or to our partners.
By using the Lista Services and providing Personal Information to us, Users agree and consent to the disclosure, transfer, storage, and processing of the Personal Information, including the Sensitive Personal Information, by us in the Philippines and/or in other countries to its affiliates, financial partners, group companies, and third parties. While our primary motive is to protect the disclosure of Personal Information (except in accordance with the provisions of this Statement) of Users, Users may note that countries where their Personal Information may be stored, may not have data protection laws similar to the countries where they are located.
In our data sharing activities, the following shall be observed:
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The amount of information that shall be collected and processed is defined.
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The information shall be provided only to the authorized recipients to date.
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The information shall only be shared to entities located in countries with data protection laws that are similar or comparable to Philippine data privacy laws.
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We may withhold or order to cease processing or sharing of data at any time if it deems that such processing or disclosure is contrary to Law or adversarial to our interests.
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We may share anonymized or aggregated information internally and with third parties for any purpose. Such information will not identify you individually.
We may disclose Personal Data that we collect, or you provide for any of the following activities:
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Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
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Business Transaction. If we or our subsidiaries are involved in a merger, acquisition, or asset sale, your Personal Data may be transferred.
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Other cases. We may disclose your information also:
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3.1 to our subsidiaries and affiliates;
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3.2 to financial partners;
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3.3 to local lending company partners for the purpose of evaluating loan applications, granting loans, collection of loans and closure of loans;
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3.4 to contractors, service providers, and other third parties we use to support our business;
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3.5 to fulfill the purpose(s) for which you provide it;
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3.6 for the purpose of including your company’s logo on our website;
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3.7 for any other purpose disclosed by us when you provide the information;
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3.8 with your consent in any other cases;
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3.9 if disclosure is necessary or appropriate to protect the rights, property, or safety of Lista and our Users.
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IX. INFORMATION STORAGE AND BACKUP
Periodically, we perform data backups of User information on our cloud-based database. This practice serves the purpose of ensuring that Users can recover their data in the event of data loss or unavailability on their mobile devices, such as device malfunction, loss, or when transitioning to a new device. Additionally, these backups are utilized to generate valuable insights and information regarding Users' spending habits, including weekly spending patterns, behavioral trends, and other relevant metrics. Furthermore, we utilize the backup data to provide aggregated and anonymized statistics on User spending, such as expenditure by category, date, time, bank balances, and similar data points.
We shall retain User's Personal Information in our records for as long as it remains relevant to potentially offer our services to the User. However, once the provision of company Services is no longer applicable or pertinent to a specific User, we shall expunge all Personal Information associated with that particular User from our records.
X. INFORMATION SECURITY
We implement appropriate security measures to safeguard against unauthorized access, alteration, disclosure, or destruction of data, including accidental or intentional manipulation, and loss from unauthorized parties. These measures encompass internal assessments of our data collection, storage, processing practices, and security protocols. We employ suitable encryption and physical security measures to protect against unauthorized access to systems where personal data is stored. All Personal Information collected on the Lista platform is securely stored within controlled databases. Access to these servers is password-protected and strictly limited.
Our security measures undergo regular reviews and updates to align with technological advancements. While we take all reasonable steps to ensure the security of Personal Information, it is important to understand that no transmission of data over the internet or any other public network can be guaranteed to be 100% secure.
We strive to comply with applicable data protection laws to safeguard User privacy and Personal Information. We have implemented physical, electronic, and procedural safeguards that align with the laws of specific jurisdictions to protect User Personal Information. By accepting the terms of this Statement, you acknowledge that the standards and practices we have in place are reasonable and adequate for the protection of your personal information.
In the event of a breach of security, confidentiality, or integrity resulting in the unauthorized access or disclosure of your unencrypted electronically stored Personal Information, we will promptly notify you via email or any other feasible means without undue delay, to the extent consistent with the legitimate needs of law enforcement. We will take all necessary measures to investigate and remediate the breach, and restore the reasonable integrity of the data system
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XI. PURPOSE OF DATA PROCESSING
We will only collect and process Personal Information about you when we have a lawful basis to do so. The primary purpose of collecting your information, including Personal Information, is to provide you with personalized access to Lista and its various features, as well as for other lawful purposes as deemed necessary. It is important to note that if you choose not to provide consent for the collection of your Personal Information, it is possible that we may be unable to fulfill our contractual obligations to you. By "perform the contract," we are referring to the Terms of Use that govern your use of the Lista Service. Consequently, your access to certain features of the Lista Service may be restricted or we may be unable to provide you with the Lista Service in its entirety.
For example, we use your information where we need the Personal Information to perform the contract with you (for example, to provide the Platform or our services to you) so as to:
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(a) Register you on our Platform;
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(b) Provide you with customer or technical support including addressing support queries related to, but not limited to, payment processing, or to diagnose any problems with our servers etc.;
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(c) Send you transactional emails/SMS or to provide you with information, direct marketing, online and offline advertising and other materials regarding products, services and other offers from time to time in connection with the Lista Service or its parent, subsidiary and affiliated companies ("Platform Entities") and its joint ventures;
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(d) Determine your geographic location, to provide you localized content including advertisements, personalized recommendations, allow you to continue watching/ using previous content at another time, and to determine your Internet service provider to troubleshoot a technical issue, and help us quickly and efficiently respond to inquiries and requests;
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(e) To provide you with a personalized service and experience; we do this by linking some or all of your Personal Information such as transactions done with Lista with your activity on our Platform across all your devices and associating and storing this information with a unique platform generated identifier that is generated for each user (guest as well as registered user). When a guest user subsequently registers and creates an account, the information and data relating to such user's past activities gets added to and associated to the registered account;
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(f) Research, analyze and understand our audience and what content and advertising they may view, watch or otherwise engage with, in order to improve our service (including our user interface experiences and security features); evaluate your eligibility for certain types of offers, products or services and market such products or services to you; to perform analytics and conduct customer research, including general market research or surveying our customers' needs and opinions on specific issues, generating sales and traffic patterns, and to analyze advertising effectiveness, both on an anonymous basis (e.g., by aggregating data) or on an individual basis (if legally permissible), in combination with other information collected from tracking technologies and aggregate it with information collected from other Users using our Platform, to attempt to provide you with the Services and a better experience on the Platform. For example, one of the ways we use this information is to count the number of times an advert or other content is viewed because this might be the metric by which our advertisers pay us. This information is compiled and analyzed on an aggregated basis. Allow you to participate in interactive features such as Gameplay events on the Platform, providing you with relevant gameplay experience, determining and declaring winners and providing you with prizes; and
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(g) Analyze and measure how effective our advertising is by determining which media sources should be paid for delivering a desired action e.g. users who install our application or subscribe (also known as 'attribution'), so that we pay for demonstrated value and don't overspend.
We will use your Personal Information with your explicit consent as follows:
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(a) When you agree to share your precise location based on GPS data, we will combine this information with other Personal Information that you provide to us on the Lista Service to provide personalized content and advertisements with better accuracy basis your geographic location e.g. you may see more regional content recommendations or advertisements for local establishments, when you share your precise location based on GPS data;
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(b) When you agree to share information pertaining to the applications frequently used by you on your device, we will combine this information with other information that you provide to us on the Lista Service, to display advertisements that are more relevant to your interest areas.
XII. YOUR DATA PRIVACY RIGHTS
Under the Law, you are entitled to the following data privacy rights:
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the right to be informed whether your Personal Data shall be, are being, or have been processed;
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the right to object to the processing of your Personal Data;
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the right to reasonably access your Personal Data;
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the right to dispute the inaccuracy or error in your Personal Data and have us correct it immediately and accordingly;
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the right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Data from our records;
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the right to file a complaint with the NPC for any violation of your data privacy rights;
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the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Data not in accordance with this Statement;
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and the right to data portability of your Personal Data.
In respecting your data privacy rights, you may opt to tell us:
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not to share your information with our subsidiaries, affiliates, financial partners, or with other companies that we have business with provided that such information is not critical nor required by applicable laws and regulations in maintaining the Services that you have availed with us;
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to provide you with information that we currently have about you subject to restrictions applied to us as a company operating in the Philippines by certain laws and regulations;
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to update your Personal Data; and
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about your other concerns relating to how we collect, use, share, protect or dispose of your information.
XIII. ACCESSING AND UPDATING PERSONAL INFORMATION
To exercise your rights regarding access, correction, or deletion of the Personal Information you have provided, you may contact us via email:
Data Protection Officer
Email: dpo@lista.com.ph
Address: 168 Alfonso XII Clairemont Hills Corazon De Jesus, City Of San Juan, Second District, NCR, 1500
Phone: +63 09171163169
Please include relevant details and specific instructions regarding your request to facilitate the efficient handling of your inquiry or request. We may request certain Personal Information from you, including government-issued identification documents, for the limited purpose of validating your identity and good faith standing as a Data Subject to make the query or request. Once your identity is validated, we will delete the information so collected, unless we hold a lawful basis to further process this information.
When Users utilize the Site (including any sub-sites) or the App, we diligently strive to fulfill Users' requests for access to their Personal Information, provided such requests are made in good faith. Furthermore, we are committed to rectifying any identified inaccuracies or deficiencies in Personal Information or Sensitive Personal Information to the extent feasible, unless retention of such information is required by law or for legitimate business purposes.
To facilitate the processing of access, correction, or removal requests, we kindly ask individual Users to authenticate themselves and specify the particular Personal Information they wish to access, correct, or remove. We reserve the right to decline requests that are unreasonably repetitive or systematic, entail disproportionate technical effort, compromise the privacy of others, or prove to be impractical in nature (such as requests pertaining to Personal Information stored on backup tapes), or if access to such information is otherwise unnecessary.
Regarding the provision of Personal Information access and correction, we undertake this service free of charge, except in cases where doing so would require a disproportionate effort.
Please note that due to the nature of certain services, deleted Personal Information may persist in residual copies for a certain period of time before being completely eradicated from our active servers. It is possible that remnants of such information may also endure in our backup systems.
XIV. YOUR PART IN PROTECTING YOUR DATA
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
You agree that you too play a part in ensuring your personal data and the data of others are protected. By accessing our Platforms and/or using our Services, you declare, represent, and warrant that:
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You have been notified of the existence of, you have read, and you understand our Privacy Notice, this Privacy Statement, and our Terms and Conditions;
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You absolutely agree with our Privacy Notice, Privacy Statement, and Terms and Conditions, and all of its contents such as but not limited to your representations and warranties, your agreement with and related waivers concerning our and our Partners’ limitation of liabilities, and assumption of certain responsibilities in exercise of your data privacy rights;
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By accessing, benefitting from, using, and/or giving consent to our varied platforms, whether in print or via our online software systems, directly or indirectly, such as the latest official build of our Website and the latest versions of our official mobile application and/or through our Services, you agree to be bound to our Privacy Statement and Terms & Conditions. You agree to having your data collected, corrected, transferred, stored, retrieved, used, retained, shared, deconstructed, and/or destroyed in the manner disclosed in our Privacy Notice, this Privacy Statement, and our Terms & Conditions;
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You will keep yourself updated with any changes in our Privacy Notice, Privacy Statement, and Terms and Conditions, and your continued use of our Platforms and/or Services indicate your agreement with any additions, changes, subtractions, or modifications thereto;
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You represent and warrant that all information such as number of items in your inventory and availability thereof that you provide to us are accurate, given in good faith, lawful, and true.
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During account creation, information entered therein is true and correct to the best of your personal knowledge, and is not false, fabricated, misleading, for the purpose of any illegal activity, ill-will, nor information of persons, whether natural or juridical, other than yourself;
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During account creation, should you enter information in representation of another person, whether natural or juridical, you warrant that you have obtained his/her/their consent and/or authorization, as the case may be, and such was willingly given, without duress, force, intimidation, or violence, and not through strategy or stealth;
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At the time of account creation and thereafter, all copies of certifications, licenses, permits, and various government and non-government issuances that you submit or upload to our database, whether in print or electronic format, are issued by the pertinent authorities acting within their proper lawful jurisdiction, genuine, unaltered, and valid; and not in any way altered through digital software, not physically tampered with prior to scanning into electronic format, not issued by a government or non-government authority outside of its proper jurisdiction, not fabricated, false, or a spurious copy, and not created, issued, or a product of/pursuant to any illegal activities, schemes, or methods;
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Should there be any genuinely suspicious activity and/or legitimately objectionable features in our Platforms, instead of continuing the use of our Platforms and/or using our Services, you will alert or report us within twenty-four (24) hours from occurrence of said suspicious activity or encounter of the objectionable feature rather than proceeding with orders or continue use of our Platforms/Services. You agree that your failure to alert us and/or continued access and/or use of our Platform and/or Services within said time period of said suspicious activity and/or objectionable features constitutes as your absolute waiver of any causes of action, claim, damages, and/or liability, of whatever nature, arising from such activity, incident, feature, and/or occurrence, and as against Lista, its Board of Directors, officers, and/or employees; and/or its Partners;
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Should there be sufficient proof of a breach of your data privacy rights, as required under the Law, you will immediately inform us so that we could attempt to provide you with a proper response and/or reasonable redress within reasonable time from our receipt of our complete correspondence of your concern, compliant, or grievance;
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You access and/or use our Platforms and/or Services in accordance with law, public order, public policy, morals, or good customs, and without any ill intent or malice against us, other users, and merchants;
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By submitting the required Personal Data to us, you consent to such collection, disclosure and use thereof. You hereby expressly waive and unconditionally release us from any and all liability, claims, causes of action, or damages, of whatever nature, arising from our legitimate use of the submitted Personal Data;
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You agree, warrant, and represent that you will absolutely assume all of your liabilities, roles, and responsibilities as a distinct, independent, and separate Data Controller of Personal Data of your own data subjects, as may be applicable and/or necessary. You therefore irrevocably hold Lista, its Board of Directors, corporate officers, and/or employees and its Partners harmless from any cause of action, damages, and/or liability arising from, incidental to, or simultaneous with any data privacy law breaches insofar as its own capacity as Data Controller and/or its own set of data subjects.
XV. REVOCATION OF CONSENT
A User can revoke his consent to the processing of his Personal Information at any time with effect for the future. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose Personal Information where such collection, use, and disclosure without consent is permitted or required under applicable laws (e.g., other lawful criteria exist for the processing of personal information).
XVI. DISCLAIMER
In case any Personal Information is shared by you with us, which is not requested by us during registration, (whether mandatorily or optionally), we will not be liable for any information security breach or disclosure in relation to such information. If you have any questions regarding this Statement or the protection of your personal information, please contact our data protection officer.
XVII. REASONABLE TIME FOR OUR RESPONSE AND LAWFUL INTERRUPTION THEREOF BY FORCE MAJEURE.
You agree with our terms for a response within a reasonable time; lawful interruption thereof; and force majeure in relation to the exercise of your data privacy rights.
We shall exert our best efforts to address your concerns, complaints, or grievances, and these shall be examined with care, and professionalism, and within reasonable time from our receipt of your complete correspondence with us.
Such reasonable time depends on the circumstances of said concern, complaint, or grievance, and shall be deemed lawfully interrupted by certain events beyond the control of any party herein such as but not limited to: acts of God such as natural calamities, typhoons, tornado, volcanic eruption; acts of political instability such as revolution, civil war, insurrection, civil disobedience, riot, terrorism, economic sabotage; the threat of spread of mandatorily reportable communicable and infectious diseases such as but not limited to COVID-19, government declaration of public health emergency measures such as national and/or local quarantines and/or other management/employee restrictions; acts of authorities whether lawful or unlawful; prolonged suspension or unavailability of public transportation, telecommunication, and electric utilities; and other force majeure events (“Force Majeure Event”).
XVIII. SERVICE PROVIDERS
We may employ third-party companies and individuals (“Service Providers”) to facilitate our Service, provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
XIX. ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our Service.
XX. CI/CD TOOLS
We may use third-party Service Providers to automate the development process of our Service.
XXI. BEHAVIORAL MARKETING
We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.
XXII. LINKS TO OTHER SITES
Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Statement of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
XXIII. QUESTIONS/GRIEVANCE REDRESSAL
In the event you have any inquiries or grievances relating to the processing of Personal Information provided by you, you may contact:
Data Protection Officer
Email: dpo@lista.com.ph
Address: 168 Alfonso XII Clairemont Hills Corazon De Jesus, City Of San Juan, Second District, NCR, 1500
Phone: +63 09171163169
XXIV. UPDATES/CHANGES
This Privacy Statement is effective as of the date of its last modification and will remain in effect unless its provisions are changed in the future. Such a modified version will be in effect immediately after posting on this page dedicated to the Privacy Statement.
Lista reserves the right at any time to amend, change, add, or modify this Privacy Statement by posting the new/updated version, without prior notice to the users of the Lista App, and to add new or additional terms or conditions on use of the Services. You shall be promptly notified via e-mail of any changes. You will also be requested to indicate your consent to the updated Statement before you access the Lista App and its Services. You are strongly recommended to regularly review and read this Statement, as well as any updated Statement before you indicate your consent. Your continued access or use of the Lista App after the updated Statement is posted, confirms your acceptance and consent to be bound by the updated Statement.
XXV. MISCELLANEOUS
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These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The parties hereto submit to the exclusive jurisdiction of the courts of Makati City, Philippines.
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The Terms set forth herein shall remain effective and shall remain binding upon you, even following any discontinuation of use of the Lista App, to the extent permitted by law.
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You agree to indemnify, defend, and hold Lista, its affiliates, financial partners, shareholders, directors, employees, agents, service providers, suppliers, subcontractors, successors, and assigns, harmless from and against any and all claims, demands, actions, causes of action, damages, costs, and expenses, including reasonable attorney's fees and other expenses of litigation, penalties, fines, damages, and losses, made by any third party due to or arising out of your breach of the Terms stated herein and the documents they incorporate by reference, or by your violation of any law or the rights of a third party.
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Lista may subcontract any part or parts of the Services it provides to you at any time.
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Lista may assign or novate any part or parts of its rights under these Terms without your consent.
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Collecting any personally identifiable information from the Lista App, including the use of communication systems provided on the Lista App for any commercial solicitation purposes is not allowed. Distribution or publication of vouchers or codes, solicitation for any reason whatsoever to any users of the Lista App and hacking or scraping the Lista App are prohibited acts, which will be dealt with accordingly to the fullest extent available under the law.
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The Terms together with the Privacy Statement (and the respective amendments), and any undertaking you executed in relation thereto, shall constitute the entire agreement between you and Lista. In the event of any conflict between these Terms and any other term or provision on the Lista App, these Terms shall prevail.
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If any of the Terms shall be deemed invalid, illegal, or unenforceable, such term or condition shall be deemed not written and the remainder shall continue to be valid and in force.
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No delay or failure on the part of Lista to enforce its rights or remedies under these Terms shall constitute a waiver on its part of such rights or remedies unless such waiver is set forth and confirmed in writing by its duly authorized representatives.