Privacy Policy Page
1. INTRODUCTION
1.1 Welcome to the Konstruk platform run by KonstrukTech Corp. and its affiliates
(individually and collectively, "Konstruk", "we", "us" or "our"). Konstruk takes its
responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously
and is committed to respecting the privacy rights and concerns of all Users of our
Konstruk website (the "Site") (we refer to the Site and the services we provide as
described in our Site collectively as the "Services"). We recognize the importance of the
personal data you have entrusted to us and believe that it is our responsibility to
properly manage, protect and process your personal data. This Privacy Policy (“Privacy
Policy” or “Policy”) is designed to assist you in understanding how we collect, use,
disclose and/or process the personal data you have provided to us and/or we possess
about you, whether now or in the future, as well as to assist you in making an informed
decision before providing us with any of your personal data. Please read this Privacy
Policy carefully. If you have any questions regarding this information or our privacy
practices, please see the section entitled "Questions, Concerns or Complaints? Contact
Us" at the end of this Privacy Policy.
1.2 "Personal Data" or "personal data" means data, whether true or not, about an
individual who can be identified from that data, or from that data and other information
to which an organization has or is likely to have access. Common examples of personal
data could include name, identification number and contact information.
1.3 By using the Services, registering for an account with us, visiting our website, or
accessing the Services, you acknowledge and agree that you accept the practices,
requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to
us collecting, using, disclosing and/or processing your personal data as described
herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS
DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR
ACCESS OUR WEBSITE. If we change our Privacy Policy, we will post those changes or
the amended Privacy Policy on our website. We reserve the right to amend this Privacy
Policy at any time.
2. WHEN WILL Konstruk COLLECT PERSONAL DATA?
2.1 We will/may collect personal data about you:
(a) when you register and/or use our Services or Site, or open an account with us;
(b) when you submit any form, including, but not limited to, application forms or other
forms relating to any of our products and services, whether online or by way of a
physical form; (c) when you enter into any agreement or provide other documentation
or information in respect of your interactions with us, or when you use our products
and services;
(d) when you interact with us, such as via telephone calls (which may be recorded),
letters, fax, face-to-face meetings, social media platforms and emails;
(e) when you use our electronic services, or interact with us via our application or use
services on our website. This includes, without limitation, through cookies which we
may deploy when you interact with our application or website;
(f) when you carry out transactions through our Services;
(g) when you provide us with feedback or complaints;
(h) when you register for a contest; or
(i) when you submit your personal data to us for any reason.
The above does not purport to be exhaustive and sets out some common instances of
when personal data about you may be collected.
2.2 When you visit, use or interact with our mobile application or the Site, we may
collect certain information by automated or passive means using a variety of
technologies, which technologies may be downloaded to your device and may set or
modify settings on your device. The information we collect may include, without
limitation, your Internet Protocol (IP) address, computer/mobile device operating
system and browser type, type of mobile device, the characteristics of the mobile
device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for
your mobile device, the address of a referring website (if any), and the pages you visit
on our website and mobile applications and the times of visit. We may collect, use,
disclose and/or process this information only for the Purposes (defined below).
2.3 Our mobile applications may collect precise information about the location of your
mobile device using technologies such as GPS, Wi-Fi, etc.. We collect, use, disclose
and/or process this information for one or more Purposes including, without limitation,
location-based services that you request or to deliver relevant content to you based on
your location or to allow you to share your location to other Users as part of the
services under our mobile applications. For most mobile devices, you are able to
withdraw your permission for us to acquire this information on your location through
your device settings. If you have questions about how to disable your mobile device's
location services, please contact your mobile device service provider or the device
manufacturer.
3. WHAT PERSONAL DATA WILL Konstruk COLLECT?
3.1 The personal data that Konstruk may collect includes but is not limited to:
• name;
• email address;
• date of birth;
• billing address;
• bank account and payment information;
• telephone number;
• gender;
• any other information about the User when the User signs up to use our Services or
website, and when the User uses the Services or website, as well as information related
to how the User uses our Services or website; and
• aggregate data on content the User engages with.
3.2 If you do not want us to collect the aforementioned information/personal data, you
may opt out at any time by notifying our Data Protection Officer in writing about it.
Further information on opting out can be found in the section below entitled "How can
you opt-out, remove, request access to or correct information you have provided to
us?". Note, however, that opting out of us collecting your personal data or withdrawing
your consent for us to collect, use or process your personal data may affect your use of
the Services. For example, opting out of the collection of location information will cause
its location-based features to be disabled.
4. SETTING UP AN ACCOUNT
In order to use certain functionalities of the Services, you will have to create a user
account which requires you to submit certain personal data. When you register and
create an account, we require you to provide us with your name and email address as
well as a username that you select. We also ask for certain information about yourself
such as your telephone number, email address, shipping address, photo identification,
bank account details, age, date of birth, gender and interests. Upon activating an
account, you will select a username and password. Your user name and password will
be used so you can securely access and maintain your account.
5. VIEWING WEB PAGES
As with most websites, your computer sends information which may include personal
data about you that gets logged by a web server when you browse our Site. This
typically includes without limitation your computer's IP address, operating system,
browser name/version, the referring web page, requested page, date/time, and
sometimes a "cookie" (which can be disabled using your browser preferences) to help
the site remember your last visit. If you are logged in, this information is associated
with your personal account. The information is also included in anonymous statistics to
allow us to understand how visitors use our site.
6. COOKIES
6.1 We may from time to time implement "cookies" or other features to allow us or
third parties to collect or share information that will help us improve our Site and the
Services we offer, or help us offer new services and features. “Cookies” are identifiers
we transfer to your computer or mobile device that allow us to recognize your computer
or device and tell us how and when the Services or website are used or visited, by how
many people and to track movements within our website. We may link cookie
information to personal data. Cookies also link to information regarding what items you
have selected for purchase and pages you have viewed. This information is used to
keep track of your shopping cart, for example. Cookies are also used to deliver content
specific to your interest and to monitor website usage.
6.2 You may refuse the use of cookies by selecting the appropriate settings on your
browser. However, please note that if you do this you may not be able to use the full
functionality of our Site or the Services.
7. VIEWING AND DOWNLOADING CONTENT AND ADVERTISING
As with browsing web pages, when you watch content and advertising and access other
software on our Site or through the Services, most of the same information is sent to us
(including, without limitation, IP Address, operating system, etc.); but, instead of page
views, your computer sends us information on the content, advertisement viewed
and/or software installed by the Services and the website and time.
8. COMMUNITY & SUPPORT
8.1 We provide customer service support through email, SMS and feedback forms. In
order to provide customer support, we will ask for your email address and mobile phone
number. We only use information received from customer support requests, including,
without limitation, email addresses, for customer support services and we do not
transfer to or share this information with any third parties.
8.2 You can also post questions and answer other User questions in our community
forums. Our forum and messaging services allow you to participate in our community;
to do so, we maintain information, such as your user ID, contact list and status
messages. In addition, these and similar services in the future may require us to
maintain your user ID and password.
9. SURVEYS
From time-to-time, we may request information from Users via surveys. Participation in
these surveys is completely voluntary and you therefore have a choice whether or not
to disclose your information to us. Information requested may include, without
limitation, contact information (such as your email address), and demographic
information (such as interests or age level). Survey information will be used for the
purposes of monitoring or improving the use and satisfaction of the Services and will
not be transferred to third parties, other than our contractors who help us to administer
or act upon the survey.
10. HOW DO WE USE THE INFORMATION YOU PROVIDE US?
10.1 We may collect, use, disclose and/or process your personal data for one or more
of the following purposes:
(a) to consider and/or process your application/transaction with us or your transactions
or communications with third parties via the Services;
(b) to manage, operate, provide and/or administer your use of and/or access to our
Services and our website, as well as your relationship and user account with us;
(c) to manage, operate, administer and provide you with as well as to facilitate the
provision of our Services, including, without limitation, remembering your preferences;
(d) to tailor your experience through the Services by displaying content according to
your interests and preferences, providing a faster method for you to access your
account and submit information to us and allowing us to contact you, if necessary;
(e) to respond to, process, deal with or complete a transaction and/or to fulfill your
requests for certain products and services and notify you of service issues and unusual
account actions;
(f) to enforce our Terms of Service or any applicable end user license agreements;
(g) to protect personal safety and the rights, property or safety of others;
(h) for identification and/or verification;
(i) to maintain and administer any software updates and/or other updates and support
that may be required from time to time to ensure the smooth running of our Services;
(j) to deal with or facilitate customer service, carry out your instructions, deal with or
respond to any enquiries given by (or purported to be given by) you or on your behalf;
(k) to contact you or communicate with you via voice call, text message and/or fax
message, email and/or postal mail or otherwise for the purposes of administering
and/or managing your relationship with us or your use of our Services, such as but not
limited to communicating administrative information to you relating to our Services. You
acknowledge and agree that such communication by us could be by way of the mailing
of correspondence, documents or notices to you, which could involve disclosure of
certain personal data about you to bring about delivery of the same as well as on the
external cover of envelopes/mail packages;
(l) to allow other users to interact or connect with you on the Platform, including
to inform you when another User has sent you a private message or posted a comment
for you on the Site;
(m) to conduct research, analysis and development activities (including, but not limited
to, data analytics, surveys, product and service development and/or profiling), to
analyze how you use our Services, to improve our Services or products and/or to
enhance your customer experience;
(n) to allow for audits and surveys to, among other things, validate the size and
composition of our target audience, and understand their experience with Konstruk’s
Services;
(o) where you give us your prior consent, for marketing and in this regard, to send you
by various modes of communication such as postal mail, email, location-based services
or otherwise, marketing and promotional information and materials relating to products
and/or services (including, without limitation, products and/or services of third parties
whom Konstruk may collaborate or tie up with) that Konstruk (and/or its affiliates or
related corporations) may be selling, marketing or promoting, whether such products or
services exist now or are created in the future.
(p) to respond to legal processes or to comply with or as required by any applicable
law, governmental or regulatory requirements of any relevant jurisdiction, including,
without limitation, meeting the requirements to make disclosure under the requirements
of any law binding on Konstruk or on its related corporations or affiliates;
(q) to produce statistics and research for internal and statutory reporting and/or record-
keeping requirements;
(r) to carry out due diligence or other screening activities (including, without limitation,
background checks) in accordance with legal or regulatory obligations or our risk
management procedures that may be required by law or that may have been put in
place by us;
(s) to audit our Services or Konstruk’s business;
(t) to prevent or investigate any actual or suspected violations of our Terms of Service,
fraud, unlawful activity, omission or misconduct, whether relating to your use of our
Services or any other matter arising from your relationship with us, and whether or not
there is any suspicion of the aforementioned;
(u) to store, host, back up (whether for disaster recovery or otherwise) of your personal
data, whether within or outside of your jurisdiction;
(v) to deal with and/or facilitate a business asset transaction or a potential business
asset transaction, where such transaction involves Konstruk as a participant or involves
only a related corporation or affiliate of Konstruk as a participant or involves Konstruk
and/or any one or more of Konstruk's related corporations or affiliates as participant(s),
and there may be other third party organizations who are participants in such
transaction. A “business asset transaction” refers to the purchase, sale, lease, merger,
amalgamation or any other acquisition, disposal or financing of an organization or a
portion of an organization or of any of the business or assets of an organization;
and/or
(w) any other purposes which we notify you of at the time of obtaining your consent.
(collectively, the “Purposes”).
10.2 You acknowledge, consent and agree that Konstruk may access, preserve and
disclose your Account information and Content if required to do so by law or pursuant
to an order of a court or by any governmental or regulatory authority having jurisdiction
over Konstruk or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) comply with a request from
any governmental or regulatory authority having jurisdiction over Konstruk; (c) enforce
the Konstruk Terms of Service or this Privacy Policy; (d) respond to any threatened or
actual claims asserted against Konstruk or other claim that any Content violates the
rights of third parties; (e) respond to your requests for customer service; or (f) protect
the rights, property or personal safety of Konstruk, its users and/or the public.
10.3 As the purposes for which we will/may collect, use, disclose or process your
personal data depend on the circumstances at hand, such purpose may not appear
above. However, we will notify you of such other purposes at the time of obtaining your
consent, unless processing of the applicable data without your consent is permitted by
the Privacy Laws.
11. SHARING OF INFORMATION FROM THE SERVICES
Our Services enable Users to share personal information with each other, in almost all
occasions without Konstruk’s involvement, to complete transactions. In a typical
transaction, Users may have access to each other’s name, user ID, email address and
other contact and postage information. Our Terms of Service require that Users in
possession of another User’s personal data (the “Receiving Party”) must (i) comply with
all applicable Privacy Laws; (ii) allow the other User (the “Disclosing Party”) to remove
him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to
review what information have been collected about them by the Receiving Party.
12. HOW DOES Konstruk PROTECT AND RETAIN CUSTOMER INFORMATION?
12.1 We implement a variety of security measures and strive to ensure the security of
your personal data on our systems. User personal data is contained behind secured
networks and is only accessible by a limited number of employees who have special
access rights to such systems. However, there can be no guarantee of absolute
security.
12.2 We will retain personal data in accordance with the Privacy Laws and/or other
applicable laws. That is, we will destroy or anonymize your personal data when we have
reasonably determined that (i) the purpose for which that personal data was collected is
no longer being served by the retention of such personal data; (ii) retention is no longer
necessary for any legal or business purposes; and (iii) no other legitimate interests
warrant further retention of such personal data. If you cease using the Platform, or
your permission to use the Platform and/or the Services is terminated or withdrawn, we
may continue storing, using and/or disclosing your personal data in accordance with
this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable
law, we may securely dispose of your personal data without prior notice to you.
13. DOES Konstruk DISCLOSE THE INFORMATION IT COLLECTS FROM ITS
VISITORS TO OUTSIDE PARTIES?
13.1 In conducting our business, we will/may need to disclose your personal data to our
third party service providers, agents and/or our affiliates or related corporations, and/or
other third parties, whether sited in Philippines or outside of the Philippines, for one or
more of the above-stated Purposes. Such third party service providers, agents and/or
affiliates or related corporations and/or other third parties would be processing your
personal data either on our behalf or otherwise, for one or more of the above-stated
Purposes. Such third parties include, without limitation:
(a) our subsidiaries, affiliates and related corporations;
(b) other users of our Platform for one or more of the above-stated Purposes;
(c) contractors, agents, service providers and other third parties we use to support our
business. These include but are not limited to those which provide administrative or
other services to us such as mailing houses, telecommunication companies, information
technology companies and data centers;
(d) a buyer or other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution or other sale or transfer of some or all of Konstruk’s assets,
whether as a going concern or as part of bankruptcy, liquidation or similar proceeding,
in which personal data held by Konstruk about our Service Users is among the assets
transferred; or to a counterparty in a business asset transaction that Konstruk or any of
its affiliates or related corporations is involved in; and
(e) third parties to whom disclosure by us is for one or more of the Purposes and such
third parties would in turn be collecting and processing your personal data for one or
more of the Purposes
13.2 This may require, among other things, to share statistical and demographic
information about our Users and their use of the Services with suppliers of
advertisements and programming.
13.3 For the avoidance of doubt, in the event that Privacy Laws or other applicable laws
permit an organization such as us to collect, use or disclose your personal data without
your consent, such permission granted by the laws shall continue to apply.
13.4 Third parties may unlawfully intercept or access personal data transmitted to or
contained on the site, technologies may malfunction or not work as anticipated, or
someone might access, abuse or misuse information through no fault of ours. We will
nevertheless deploy reasonable security arrangements to protect your personal data as
required by the Privacy Laws; however there can inevitably be no guarantee of absolute
security such as but not limited to when unauthorized disclosure arises from malicious
and sophisticated hacking by malcontents through no fault of ours.
13.5 Konstruk allows you to share videos from YouTube in the Konstruk Livestream
feature (“YouTube Content”). To facilitate this, Konstruk uses YouTube API Services
made available by YouTube. By using the sharing YouTube Content, you hereby agree
to be bound by the Google Privacy Policy.
14. INFORMATION ON CHILDREN
The Services are not intended for children under the age of 18. We do not knowingly
collect or maintain any personal data or non-personally-identifiable information from
anyone under the age of 18 nor is any part of our Site or other Services directed to
children under the age of 18. As a parent or legal guardian, please do not allow such
children under your care to submit personal data to Konstruk. In the event that
personal data of a child under the age of 18 in your care is disclosed to Konstruk, you
hereby consent to the processing of the child’s personal data and accept and agree to
be bound by this Policy on behalf of such child. We will close any accounts used
exclusively by such children and will remove and/or delete any personal data we believe
was submitted by any child under the age of 18.
15. INFORMATION COLLECTED BY THIRD PARTIES
15.1 Our Site uses Google Analytics, a web analytics service provided by Google, Inc.
("Google"). Google Analytics uses cookies, which are text files placed on your computer,
to help the website analyze how Users use the Site. The information generated by the
cookie about your use of the website (including your IP address) will be transmitted to
and stored by Google on servers in the United States. Google will use this information
for the purpose of evaluating your use of the website, compiling reports on website
activity for website operators and providing other services relating to website activity
and Internet usage. Google may also transfer this information to third parties where
required to do so by law, or where such third parties process the information on
Google's behalf. Google will not associate your IP address with any other data held by
Google.
15.2 We, and third parties, may from time to time make software applications
downloads available for your use on or through the Services. These applications may
separately access, and allow a third party to view, your identifiable information, such as
your name, your user ID, your computer's IP Address or other information such as any
cookies that you may previously have installed or that were installed for you by a third
party software application or website. Additionally, these applications may ask you to
provide additional information directly to third parties. Third party products or services
provided through these applications are not owned or controlled by Konstruk. You are
encouraged to read the terms and other policies published by such third parties on their
websites or otherwise.
16. DISCLAIMER REGARDING SECURITY AND THIRD PARTY SITES
16.1 WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER
INFORMATION THAT YOU PROVIDE ON THIRD PARTY SITES. We do implement a
variety of security measures to maintain the safety of your personal data that is in our
possession or under our control. Your personal data is contained behind secured
networks and is only accessible by a limited number of persons who have special access
rights to such systems, and are required to keep the personal data confidential. When
you place orders or access your personal data, we offer the use of a secure server. All
personal data or sensitive information you supply is encrypted into our databases to be
only accessed as stated above.
16.2 In an attempt to provide you with increased value, we may choose various third
party websites to link to, and frame within, the Site. We may also participate in co-
branding and other relationships to offer e-commerce and other services and features
to our visitors. These linked sites have separate and independent privacy policies as
well as security arrangements. Even if the third party is affiliated with us, we have no
control over these linked sites, each of which has separate privacy and data collection
practices independent of us. Data collected by our co-brand partners or third party web
sites (even if offered on or through our Site) may not be received by us.
16.3 We therefore have no responsibility or liability for the content, security
arrangements (or lack thereof) and activities of these linked sites. These linked sites are
only for your convenience and you therefore access them at your own risk.
Nonetheless, we seek to protect the integrity of our Site and the links placed upon each
of them and therefore welcome any feedback about these linked sites (including,
without limitation, if a specific link does not work).
17. WILL Konstruk TRANSFER YOUR INFORMATION OVERSEAS?
Your personal data and/or information may be transferred to, stored or processed
outside of your country. In most cases, your personal data will be processed in the
Philippines, where our servers are located and our central database is operated.
Konstruk will only transfer your information overseas in accordance with Privacy Laws.
18. HOW CAN YOU OPT-OUT, REMOVE, REQUEST ACCESS TO OR CORRECT
INFORMATION YOU HAVE PROVIDED TO US?
18.1 Withdrawing Consent
18.1.1 You may withdraw your consent for the collection, use and/or disclosure of your
personal data in our possession or under our control by sending an email to our
Personal Data Protection Officer at (applicable email address) and we will process such
requests in accordance with this Privacy Policy and our obligations under the Privacy
Laws and other applicable law. However, your withdrawal of consent may mean that we
will not be able to continue providing the Services to you and we may need to
terminate your existing relationship and/or the contract you have with us.
18.1.2 Where you share YouTube Content, in addition to withdrawing your consent by
emailing us pursuant to Section 18.1.1, you may also revoke Konstruk’s access to your
personal data via the Google security settings page.
18.2 Requesting Access and/or Correction of Personal Data
18.2.1 If you have an account with us, you may personally access and/or correct your
personal data currently in our possession or control through the Account Settings page
on the Site. If you do not have an account with us, you may request to access and/or
correct your personal data currently in our possession or control by submitting a written
request to us. We will need enough information from you in order to ascertain your
identity as well as the nature of your request so as to be able to deal with your request.
Hence, please submit your written request by sending an email to our Personal Data
Protection Officer at____________________
18.2.2 We will/may also be charging you a reasonable fee for the handling and
processing of your requests to access your personal data. If we so choose to charge,
we will provide you with a written estimate of the fee we will be charging. Please note
that we are not required to respond to or deal with your access request unless you
have agreed to pay the fee.
18.2.3 We reserve the right to refuse to correct your personal data in accordance with
the provisions as set out in Privacy Laws, where they require and/or entitle an
organization to refuse to correct personal data in stated circumstances.
19. QUESTIONS, CONCERNS OR COMPLAINTS? CONTACT US
19.1 If you have any questions or concerns about our privacy practices or your dealings
with the Services, please do not hesitate to contact us by email at
support@konstruktech.ph.