Profriends

Property Company of Friends, Inc. (Profriends) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. Should we ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy policy.

Profriends is committed to ensuring that your privacy is protected.

We have adopted the Data Privacy Principles (DPPs) as identified in Rule IV, Implementing Rules and Regulations of Republic Act No 10173 of the Data Privacy Act of 2012. The DPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Data Privacy Principles may be obtained from the website of The National Privacy Commission at privacy.gov.ph

This privacy statement describes how Profriends collects, uses, protects and shares the personal information of our customers. Customers include those who visit our project sites, use our websites and mobile apps, and otherwise interact with us.

What is Personal & Sensitive Information and why do we collect it?

Personal Information is information that identifies an individual. You may provide the following information to us:

personal details, such as your name, postal and email addresses, phone number, date of birth and other contact information;
transaction information, including information about the products you buy, prices, method of payment and payment details;
account information, such as your username or password (or anything else that identifies you) used to access our online services or to buy or use our products and services;
profile information, including products and services you like, or times you prefer to visit us; and
other personal information you choose to give us when you interact with us.

This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website buyersportal@profriends.com, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We do not guarantee website links or policy of authorized third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Sensitive information is defined in the Data Privacy Act of 2012 to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership in a political association, religious or philosophical beliefs, membership in a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent or where required or authorized by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

We do not share personal information with third parties for their own direct marketing purposes, unless you give us permission to do so. When we give you notice, and you consent, we will share your personal information as you direct us to.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

Third parties where you consent to the use or disclosure; and
Where required or authorized by law.

Security of Personal Information

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 10 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Profriends will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

If you have agreed to receive marketing communications from us, you can later opt out by following the opt-out instructions in the marketing communications we send you. You can also generally find your communication preferences with instructions on how to opt out in the profile section of the online services that you use. You may also have the ability to change your communication preferences using your device settings. You can also opt out by contacting us at the address, phone number or email address below. If you do opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you have opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you have opted in to receiving them.

We keep your information for the length of time needed to carry out the purposes outlined in this privacy statement and to adhere to our policies on keeping records (unless a longer period is needed by law).

You are in control of any personal information you provide to us through our online services. If, at any time, you would like to correct the personal information we have about you, please contact us at the address, phone number or email address below.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
Accomplishing your requests, orders, and processing payments for our products and services;
Updating you about your orders, purchases or accounts with us, requests, questions, and comments;
Developing new products and services, conduct consumer research, and assess the effectiveness of our sales, marketing, and advertising;
Protecting you against identify theft and preventing fraud and other crime, claims and other liabilities; and
Legal compliance

We may include the information you provide us with information that is collected though computerized methods and with information we receive from other sources such as other companies and organizations. We may also collect information that is publicly available such as when you interact with us through social media.

We may also use the information we collect about you in other ways not mentioned here, rest assured that we will tell you about it when we seek your consent.

We have the right to use or share information as needed to comply to any law, regulation or legal request, to protect our online services, to address any legal claims, to protect the rights, interests, safety and security of our company, our employees, or members of the public, or in connection with investigating fraud or other crime, or violations of our policies.

Controlling your personal information

You may choose to restrict the collection or use of your personal information.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

Maintaining the Quality & Security of your Personal Information

It is important to us that your Personal Information is up-to-date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up-to-date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

We are committed to taking appropriate measures designed to keep your personal information secure. Our technical, administrative and physical procedures are designed to protect personal information from accidental, unlawful or unauthorized loss, access, disclosure, use, alteration, or destruction. While we make efforts to protect our information systems, no website, mobile application, computer system, or transmission of information over the internet or any other public network can be guaranteed to be 100% secure.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or concerns about our Privacy Policy please contact us at:

Profriends Center

55 Tinio Street, Barangay Addition Hills

Mandaluyong City 1550

(02) 8640-6400

contact.privacy@profriends.com

Property Company of Friends, Inc. (Profriends) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information. Should we ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy policy.

Profriends is committed to ensuring that your privacy is protected.

We have adopted the Data Privacy Principles (DPPs) as identified in Rule IV, Implementing Rules and Regulations of Republic Act No 10173 of the Data Privacy Act of 2012. The DPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Data Privacy Principles may be obtained from the website of The National Privacy Commission at privacy.gov.ph

This privacy statement describes how Profriends collects, uses, protects and shares the personal information of our customers. Customers include those who visit our project sites, use our websites and mobile apps, and otherwise interact with us.

What is Personal & Sensitive Information and why do we collect it?

Personal Information is information that identifies an individual. You may provide the following information to us:

personal details, such as your name, postal and email addresses, phone number, date of birth and other contact information;
transaction information, including information about the products you buy, prices, method of payment and payment details;
account information, such as your username or password (or anything else that identifies you) used to access our online services or to buy or use our products and services;
profile information, including products and services you like, or times you prefer to visit us; and
other personal information you choose to give us when you interact with us.

This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website buyersportal@profriends.com, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We do not guarantee website links or policy of authorized third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Sensitive information is defined in the Data Privacy Act of 2012 to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership in a political association, religious or philosophical beliefs, membership in a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent or where required or authorized by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

We do not share personal information with third parties for their own direct marketing purposes, unless you give us permission to do so. When we give you notice, and you consent, we will share your personal information as you direct us to.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

Third parties where you consent to the use or disclosure; and
Where required or authorized by law.

Security of Personal Information

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 10 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Profriends will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

If you have agreed to receive marketing communications from us, you can later opt out by following the opt-out instructions in the marketing communications we send you. You can also generally find your communication preferences with instructions on how to opt out in the profile section of the online services that you use. You may also have the ability to change your communication preferences using your device settings. You can also opt out by contacting us at the address, phone number or email address below. If you do opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you have opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you have opted in to receiving them.

We keep your information for the length of time needed to carry out the purposes outlined in this privacy statement and to adhere to our policies on keeping records (unless a longer period is needed by law).

You are in control of any personal information you provide to us through our online services. If, at any time, you would like to correct the personal information we have about you, please contact us at the address, phone number or email address below.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
Accomplishing your requests, orders, and processing payments for our products and services;
Updating you about your orders, purchases or accounts with us, requests, questions, and comments;
Developing new products and services, conduct consumer research, and assess the effectiveness of our sales, marketing, and advertising;
Protecting you against identify theft and preventing fraud and other crime, claims and other liabilities; and
Legal compliance

We may include the information you provide us with information that is collected though computerized methods and with information we receive from other sources such as other companies and organizations. We may also collect information that is publicly available such as when you interact with us through social media.

We may also use the information we collect about you in other ways not mentioned here, rest assured that we will tell you about it when we seek your consent.

We have the right to use or share information as needed to comply to any law, regulation or legal request, to protect our online services, to address any legal claims, to protect the rights, interests, safety and security of our company, our employees, or members of the public, or in connection with investigating fraud or other crime, or violations of our policies.

Controlling your personal information

You may choose to restrict the collection or use of your personal information.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

Maintaining the Quality & Security of your Personal Information

It is important to us that your Personal Information is up-to-date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up-to-date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

We are committed to taking appropriate measures designed to keep your personal information secure. Our technical, administrative and physical procedures are designed to protect personal information from accidental, unlawful or unauthorized loss, access, disclosure, use, alteration, or destruction. While we make efforts to protect our information systems, no website, mobile application, computer system, or transmission of information over the internet or any other public network can be guaranteed to be 100% secure.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or concerns about our Privacy Policy please contact us at:

Profriends Center

55 Tinio Street, Barangay Addition Hills

Mandaluyong City 1550

(02) 8640-6400

contact.privacy@profriends.com

Welcome to the official Profriends Buyer’s Portal!

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Profriends’ relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please discontinue use of our website.

The term ‘Profriends’ or ‘us’ or ‘we’ refers to the owner of the website, while the term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

Profriends expressly reserves the right to change, to delete or temporarily not to publish the contents wholly or partly at any time and without giving notice.
Information or report in this portal is system generated. Every effort is made to ensure that the information or report given in this portal is correct at the time of posting.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Any information, document, and report obtained from this portal are strictly confidential and intended solely for the individual named.
Approved changes shall be reflected in the portal within two (2) working days.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of the Philippines.
For clarification, please call our Customer Service Hotline at (02) 8640-6400 or email us at customerservice@profriends.com

General Policies: Registration

Registrations are applicable to accounts reserved from 2014 - onwards and only buyers are allowed to register.
If buyer pays thru check, registration happens upon clearing of check.
Disclosure of access to anyone is a sole responsibility of buyers.
Profriends is not liable to any risk related to such act.
Uploading of account information in the Web Portal will take place within 24 to 48 hours.
Once account is cancelled, access to Buyer’s Portal shall automatically be deactivated.
In case of transfer of ownership, the new buyer needs to sign a new registration form.
In case of transfer of unit, the current buyer re-enrolls by accomplishing a new registration form.
The buyer with approved and maintained request to recon-different unit, buyer must be re-enrolled.
The buyer with approved and maintained request to recon-same unit, buyer’s account must be re-activated.

Terms and Conditions

1.1 SCOPE

Property Company of Friends, Inc. (“Profriends”) maintains for its Agents a data viewing website, or Agent’s Portal, including related features, products, and services. Profriends may provide access to Agent’s Portal pursuant to the terms and conditions of this Terms of Use Agreement (“Agreement”). You may only use the Agent’s Portal and its contents in accordance with the terms of this Agreement. This Agreement is effective as of the date that you first accept this Agreement by logging in to the Agent’s Portal.

1.2 ACCEPTANCE

In consideration of our agreement to provide Agent’s Portal, you agree to be bound by our Contract of Agency, all operational rules and general terms and conditions governing this portal, including without limitation to the provisions contained herein. You likewise agree to be bound by any and all sales policies, rules, regulations and official issuances applicable to Agent’s Portal, now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of facilities, benefits, products or services which we may make available to you in connection with Agent’s Portal.

1.3 ACCESS TO AGENT’S PORTAL

We have the absolute discretion to make Agent’s Portal available to you. We have the discretion from time to time to determine the scope of Agent’s Portal, set or change the daily cut-off time, modify, restrict, withdraw, cancel, suspend or discontinue any or all of the services without notice or responsibility to you and without giving any reason. You understand that by using Agent’s Portal after any modification or change has taken effect, you have agreed to any such modification or change. We will not be liable to you if you are unable to gain access to the Agent’s Portal. You understand that while Agent’s Portal is available 24-hours a day, some or all of the services may not be available at certain times due to maintenance and/or computer, telecommunication, electrical or network failure or any other reasons beyond our control.

You will be provided with a username and password to access Your Portal. You likewise understand that for your own protection, we will lock your Agent’s Portal Username should the wrong Password be entered three (3) times in one day. You may request us for a new Password by making a request to our Sales Support Services email address, APhelpdesk@profriends.com.

1.4 PERMISSIBLE USE

You may access, download, and use material displayed on Agent’s Portal for internal business use only in accordance with the terms of this Agreement. You may not make derivative works, distribute, modify or otherwise use Agent’s Portal content for public or non-business purposes without prior written permission from Profriends. Agent’s Portal contains names, logos, trademarks, service marks and other intellectual property which may not be used by you for any purpose without prior written permission from Profriends.

1.5 LAWFUL USE; PORTAL CONTENT

Your access to and use of Agent’s Portal is subject to all applicable national and local laws and regulations. You represent and warrant that you will not use Agent’s Portal in any manner or for any purposes that are unlawful or prohibited by this Agreement. Profriends may immediately suspend or terminate your access to Agent’s Portal if it determines that your use is or may be unlawful.

You agree that you are responsible for complying with applicable privacy, data transfer, and data security laws, and you agree to abide by such laws in connection with your use of Agent’s Portal.

You may use Agent’s Portal Content only for your own internal and informational purposes, and you may not copy, modify, reverse-engineer, translate, disassemble, or decompile any of the Agent’s Portal Content. You may not rent or lease the Agent’s Portal or use thereof. You may not print copies of Agent’s Portal Content or any other data available without the express written consent of Profriends. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit the Agent’s Portal, in whole or in part. You may not remove or alter any copyright or other notices on Agent’s Portal. You may not transfer, share, outsource, or distribute copies of Agent’s Portal Content to third parties.

You agree to refrain from placing on Agent’s Portal: (i) any offensive or unlawful material; (ii) any material unrelated to the projects and services of Profriends; (iii) any material containing any computer virus, worm, or other malicious code; and (iv) any material that infringes another person’s copyright, trade or service mark, patent, or other property right.

As the Agent’s Portal is designed to facilitate the exchange of information between Profriends and you, Profriends may delete all or a portion of Agent’s Portal Content or User Content, consistent with Profriends’ document retention policies or otherwise, at any time. Although Profriends may endeavor to provide you with advance notice of the deletion of all or a portion of Agent’s Portal Content, you should not consider the Agent’s Portal to be a storage, archival, or back-up location or tool with respect to any information arising from marketing and selling Projects and services of Profriends

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Agent’s Portals, its Content, or Technology or any business being conducted on the Agent’s Portal or any service offered, or to affect the images or data or access of any End User.

You hereby grant Profriends and its service providers permission to obtain and use User Content collected from you in connection with the operation of Your Portal and the performance of services for you.

1.6 SUSPENSION/CANCELLATION

Profriends may suspend or terminate your access to Agent’s Portal if you breach any of the terms and conditions in the Contract of Agency or any of the terms and conditions herein.

After suspension or cancellation, access to Agent’s Portal may be reinstated at our sole discretion and we reserve the right to impose a reinstatement charge as we deem fit. We likewise reserve the right to impose a fee for Agent’s Portal at our absolute discretion at any time without your prior consent.

You authorize us to act upon any instruction, which is identified by your Username, Password and your One Time PIN (OTP). Profriends may treat your Electronic Instructions as documents written and signed by you. We will be responsible for acting only on instructions sent through Agent’s Portal which we received and you agree that we do not assume any responsibility for malfunctions in communication facilities not under our control that may affect the timeliness or accuracy of the instructions sent.

Such instructions include those received via secured e-mail, which when received by us, will be implemented at our absolute discretion. We will be entitled to treat and consider any instruction given or agreement made with us through internet by any person using the Username, Password and your OTP as valid and binding on you. We will neither be liable for action upon such instructions sent nor be obliged to investigate the authenticity or authority of persons effecting your instructions or to verify the accuracy and completeness of your instructions. Such instructions will be deemed correct, complete, irrevocable and binding on you upon our receipt. You hereby accept full responsibility for all transactions executed via Agent’s Portal and in particular, in ensuring the accuracy and completeness of your instructions.

We will be entitled but not obliged to verify any instructions given through the use of your Agent’s Portal Username, Password and your OTP, by sending an e-mail online or via telephone or any other means.

You agree that we may, without notice and without stating the reason therefor, cancel or refuse to execute any of your instructions at any time without incurring any liability.

1.7 ONE-TIME PIN (OTP)

1.7.1 In this Agreement, "One Time PIN (OTP)" means each one-time personal identification number (PIN) delivered via email or Short Message Service (SMS).

1.7.2 An OTP is necessary for you to be able to transact on your Agent’s Portal.

To be able to receive an OTP via email or SMS, you must provide us with your email address or mobile phone number, as the case may be.

1.7.3 You acknowledge and agree that your receipt of any OTP may be delayed or prevented by factor(s) affecting your mobile device service provider(s) or internet service provider(s), and other factors outside our control. We do not guarantee the delivery or prompt delivery of your OTP. You agree to hold Profriends, its directors, officers, employees and agents free and harmless from any and all losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from:

A non-delivery, delayed delivery, or the misdirected delivery of an OTP; and
Your failure or inability to access Agent’s Portal as a result thereof.

1.7.4 You will comply with all requirements, instructions and specifications relating to the Agent’s Portal as may be prescribed by us at any time and from time to time in our sole and absolute discretion. Without prejudice to the generality of the foregoing, you will at no time (i) use a mobile device or email address other than your own, to generate an OTP and use said OTP for your Agent’s Portal account, or (ii) permit another person to access your account in the Agent’s Portal.

1.7.5 You are responsible for keeping your OTP, username and password in Agent’s Portal confidential. You will not reveal your OTP, passwords, and unlock code to any other party and will take all necessary steps to prevent disclosure or discovery of your OTP, passwords, and unlock code to/by any other party. You are likewise responsible for ensuring the security of your email account and mobile device and for keeping these protected from unauthorized use. You will at no time and under no circumstance permit your email account and/or your mobile device to fall into the possession or under the control of any other person.

1.7.6 You will immediately notify us (i) when your mobile device or access to your registered email is lost or stolen, or fails to function as intended, (ii) if you have any knowledge or reason for suspecting that the security or confidentiality of any OTP, unlock code, and password has been compromised, or if there has been any unauthorized use of any OTP, password, and unlock code, and/or (iii) of any replacement and/or change of email address or number of any mobile phone or device (as the case may be) used by you for the generation and/or reception of OTP. You will be solely responsible and liable for all losses and consequences arising from or in connection with any failure by you to comply with any of the foregoing.

1.8 TRANSACTION DATE

Any transaction done via Agent’s Portal after the daily cut-off time in Manila, Philippines, will be treated as a transaction of the next working day or such other day as we may at our absolute discretion determine, and will be subject to our usual processing time, as may from time to time be amended.

1.9 SALES COMMISSION

You can use Agent’s Portal to access your sales commission earned and released. The summary of your sales commission will be shown in Philippine Peso.

1.10 AGENT’S OBLIGATIONS

1.10.1 You are responsible for keeping your Agent’s Portal Username, Password and your OTP secret and confidential. It is understood that said username, password and OTP are known only to you and as such, any transaction effected using your password and/or OTP shall be conclusively presumed to be done by you or authorized by you.

1.10.2 You agree to take all steps necessary to prevent discovery of Agent’s Portal Username, Password and your OTP by any other person.

1.10.3 You will hold Profriends free and harmless against any and all liability, administrative, civil or criminal, including but not limited to, those relating to any laws or regulations (if any), should any of your account information be viewed or accessed by any persons other than you.

1.10.4 You will inform us as soon as reasonably practicable if you know or suspect that someone else knows your Agent’s Portal Username, Password, and/or your OTP, or that unauthorized transactions have taken place, or your Agent’s Portal Username, Password and your OTP has been lost, stolen or compromised; and if you fail to do so you will be liable for any transactions made on your account.

1.10.5 You will be liable for all losses prior to your reporting any discrepancies, omissions, inaccuracies or incorrect entries or if you act fraudulently or with negligence, including failing to properly safeguard your Agent’s Portal Username, Password and your OTP, or to immediately report the loss, theft or compromise of your account.

1.11 INDEMNIFICATION

We will not be liable for, and you agree to indemnify and keep us indemnified, against any and all proceedings, claims, losses, damages or expenses (including legal costs) arising from or in connection with the following:

Our action upon any instructions which are identified by any use of your Agent’s Portal Username, Password and your OTP;
The improper or unauthorized use of your Agent’s Portal Username, Password, and OTP;
Any access (or inability or delay in accessing) and/or use of any browser which we provide to allow access to Agent’s Portal;
Any errors or omissions in the information and materials contained in the Agent’s Portal;
Any delay or failure in any transmission, dispatch or communication facilities;
A non-delivery, delayed delivery, or the misdirected delivery of an OTP due to factors affecting your mobile phone service provider(s) or Internet service provider(s) and other factors outside our control, and your failure or inability to access your Agent’s Portal account as a result thereof.

1.12 SECURITY

We will use reasonable effort to ensure that Agent’s Portal is secure and cannot be accessed by unauthorized third parties. However, we do not warrant the security, secrecy or confidentiality of any information transmitted through any relevant Internet or mobile phone service provider, network system or such other equivalent system. You will notify us immediately upon receipt of any data or information which is not intended for you and you will delete such data or information from the customer terminal immediately.

1.13 INFORMATION

1.13.1 While Profriends tries to provide accurate and updated information through Agent’s Portal, you acknowledge that such information may contain errors or omissions and may not be current.

1.13.2 You hereby unconditionally and irrevocably agree to, and undertake to preserve and maintain in utmost confidence all Confidential Information contained in the Agent’s Portal and to use the Confidential Information only in the performance of services in accordance with our Contract of Agency.

1.13.3 Confidential Information” includes Agent’s Portal Content, trade secrets, proprietary rights, financial, sales and marketing data and any other information transmitted via Agent’s Portal. You agree that you will not disclose Confidential Information to any third party. You agree not to use or reproduce such Confidential Information without the prior written consent of Profriends except as otherwise permitted herein. You agree that you will limit access to Confidential Information to those of your buyers who have a need to know such Confidential Information. You agree that upon written request, you will return to Profriends any and all written or tangible materials (including all copies) of Confidential Information in your possession. You acknowledge that the Confidential Information is of a special, unique and extraordinary character, and that a breach of this Agreement by you will cause continuing and irreparable injury to Profriends for which monetary damages would not be an adequate remedy. In the event of a breach of this Agreement, in addition to any other legal remedies available, Profriends has the right to seek injunctive or other equitable relief.

1.14 INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all proprietary rights relating to or in connection with Agent’s Portal (including without limitation the Profriends’ website) and all updates thereof, including without limitation trademark, trade name, service mark, patent and copyright, will at all times vest and remain vested in Profriends.

1.15 CHANGE OF E-MAIL ADDRESS, MOBILE PHONE NUMBER, AND/OR LAND LINE PHONE NUMBER.

You will immediately notify Profriends of any change in your e-mail address or mobile phone number. We will not be responsible for the consequences of your inability to receive your OTP thru email or SMS as a result of your failure to timely notify us of the change in your e-mail address or mobile phone number. Neither will Profriends be responsible for the consequences of the OTP being sent to the wrong person, as a result of your failure to timely notify us of the change in your e-mail address or mobile phone number.

1.16 ELECTRONIC MESSAGE

You agree that we may communicate with you through SMS and/or email for prompts, reminders and notices concerning your account ("Electronic Message"). Electronic Messages are sent to you for convenience, information, notification or demand purposes. We do not guarantee the timely delivery or accuracy of an Electronic Message; it may not be current at the time of delivery due to delivery lag time. You agree that each Electronic Message may be sent to you without being encrypted and may include your personal and account information. It is your responsibility to ensure the security of your mobile phone, email account, and computer/electronic devices, and to inform us of any changes to your mobile phone number and email address in a timely manner.

You agree to hold us free and harmless against any and all liability, administrative, civil or criminal, including those that relate to any laws or regulations, if any Electronic Message is viewed or accessed by any other person, as well as against any liability resulting from your failure to update your mobile number or email address with us, rendering us unable to send Electronic Messages to you.

1.17 ELECTRONIC SIGNATURE

You agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

1.18 PRIVACY

By accessing and using the Agent’s Portal, you acknowledge and accept Profriends’ Privacy Policy, as amended from time to time.

You understand that Profriends, its Affiliates, its Subsidiaries and related companies hold certain personal information about you, including, but not limited to, name, home address and telephone number, date of birth, tax identification number, social insurance number or other identification number and details of sales commission.

Profriends will keep information relating or pertaining to you and including, but not limited to, any information on your accounts and transactions (the “Information”) confidential except that for purposes of these Terms and Conditions and in connection with Profriends, and its subsidiaries and affiliates’ (the “ Group of Companies”) (i) implementation, administration, facilitation and enhancements of the products, services, facilities and channels of any or all members of the Group of Companies, (ii) pursuit of their respective marketing, promotional, communication, commercial and research objectives, (iii) regular conduct of business, and/or (iv) compliance with the requirements of the Data Privacy Act of 2012, its Implementing Rules and Regulations and other issuances as mandated by the National Privacy Commission and/or government regulators or supervisory bodies, the Agent gives their consent to Profriends, its officers, employees, advisers, auditors, agents and representatives’ (collectively, the “Corporation”) and to the Group of Companies’:

collection, use, storage, consolidation and processing (collectively, “process” or “processing”) of personal and/or sensitive personal Information;
outsourcing of the processing of personal and/or sensitive personal Information to service providers, whether within or outside the Philippines;
retention of personal and/or sensitive personal information of data subject for a period of 10 years,
verification or validation of personal and/or sensitive personal Information from any and all sources and in any reasonable manner;
disclosure and sharing of personal and/or sensitive personal Information:
1. among and other members of the Group of Companies;
2. to service providers engaged by the Corporation, or by any member of the Group of Companies, or to participating merchants, payments technology company(ies), marketing, promotional, network, loyalty program and joint venture partners and other relevant external parties, whether based within or outside the Philippines ( collectively, the “Relevant Parties” ); and,
3. to such other persons or entities that the Corporation, or any member of the Group of Companies, may deem necessary or appropriate to facilitate the above-stated purposes or those that may relate to or arise there from, as and when required by the circumstances.

The foregoing constitutes your express consent under the applicable confidentiality and Data Privacy Act of 2012, its Implementing Rules and Regulations and other issuances mandated by the National Privacy Commission of the Philippines and other jurisdiction and agree to hold the Corporation, each member of the Group of Companies and the Relevant Parties, free and harmless from any and all liabilities, claims, damages and suits of whatever kind and nature, that may arise in connection with the implementation and compliance with the authorization conferred by you hereunder.

You agree that your authorization and consent as provided herein have been executed freely, voluntarily and with full knowledge of its consequences. It is intended to be the consent and/or permission required under the DPA IRR, RA 1405 or the Bank Secrecy Law and all other relevant laws for the purposes specified above. It is valid as an agreement signed by you and shall have continued effect throughout the duration of your contract of agency with Profriends, and/or until the expiration of the retention limit set by laws and regulations, and/or the period set until the destruction or disposal of records as mandated by relevant laws, unless he withdraws such authorization and consent in writing. You hereby render Profriends, its officers, employees and representatives free and harmless from any and all liabilities arising from the above use and disclosure of his information.

THIS TERMS OF USE AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF Profriends AGENT’S PORTAL. BY CLICKING THE BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BECAUSE THIS AGREEMENT IS SUBJECT TO CHANGE AND YOU WILL BE BOUND BY SUCH CHANGES, YOU SHOULD PERIODICALLY REVIEW THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT ACCESS OR USE Profriends AGENT’S PORTAL.

Profriends

Buyers