Privacy Policy
PACFAST (“PACFAST” ‘ PACFAST PH) is committed to the secure processing of the personal data it acquires from or pertaining to the users of its website (“Website”), mobile device software application (“PACFAST App”) and/or services (“Users” or, individually, “User”), as well as licensed drivers who install the PACFAST App on a mobile device, and have been accredited with PACFAST as part of a pool of drivers who may be willing, at their sole discretion, to provide pick-up, transportation of parcels, and delivery services as well as any add-on services (“Private Carrier Services”) to a User (“Participating Drivers”). In this regard, PACFAST shall ensure that its processing of such personal data is in accordance with the Data Privacy Act of 2012 (“DPA”), its Implementing Rules and Regulations (“DPA IRR”), issuances of the National Privacy Commission (“NPC”) and other applicable laws and regulations on data privacy. This Privacy Policy (For Users and Participating Drivers) is in line with PACFAST’s commitment to the protection of privacy rights.
This Privacy Policy (for Users and Participating Drivers) outlines the terms under which PACFAST processes the personal data of the Users and Participating Drivers and how such personal data is stored, used, retained, shared and accessed. This Privacy Policy (for Users and Participating Drivers) likewise informs the Users and Participating Drivers of their rights and remedies as data subjects, and the measures PACFAST undertakes for the protection of their personal information.
By agreeing to the terms and conditions of this Privacy Policy (For Users, Merchants and Participating Drivers), the User, Merchants and/or Participating Driver expressly consents to the collection, use, disclosure and all other forms of processing of his/her personal data as provided in this Privacy Policy (For Users, Merchants and Participating Drivers).
A. PERSONAL INFORMATION COLLECTED OR OTHERWISE PROCESSED BY PACFAST
PACFAST collects and processes personal data from or pertaining to the User and/or Participating Driver when the User and/or Participating Driver registers on the Website, downloads or registers through the PACFAST App, is accredited as a Participating Driver by PACFAST, or avails of PACFAST’s services whether through the Website or the PACFAST App in order to avail of Private Carrier Services from Participating Drivers or provide Private Carrier Services to Users.
Such personal data from or pertaining to the User, Merchant and participating drivers are as follows:
Contact Information: If you allow the PACFASTPH app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book such as Name, email address, address and phone number.
Location information: Upon using our services for the delivery of goods, we collect actual location data about the Pick-up and delivery of goods from PACFASTPH App. If you allow the PACFASTPH app to access location services though the permission system used by your mobile operating system, we may also collect the actual location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP Address.
Transaction Information: We collect transaction details related to your use of our Services including the type of transaction, date and time the services were provided, distance of delivery of goods, amount charged and other related information.
Other Information such as Mobile Device Information including its hardware and operating system, Call and SMS Data information which are the data received during the transaction including the date and time of actual transaction, and Server Log-in Information that will be collected once you will interact with services which may include your IP Address and, access dates and times, app features views, and other system activity information used before interacting with our service.
For our participating Stakeholders, other data such as Residential/office/billing address or location of the Participating Driver through the tracking of the booked vehicle(s). Driver’s License details, Government-issued ID details, Credit or Debit Card Number, Average monthly income and date of Birth will be collected.
Users and Participating Drivers accept that PACFAST or its authorized service providers, third party vendors, contractors, subcontractors, agents and corporate partners (“Third Parties”), as well as said Third Parties’ member companies, affiliates and/or service providers, may use cookies to store information on the Users and Participating Drivers in order to provide Users and Participating Drivers with a customized and more efficient experience in accessing or using the Website and/or the PACFAST App.
If a User and/or Participating Driver provides the personal data of a third party to PACFAST, the User or Participating Driver warrants that the required consent from the third party concerned was secured by the User and/or Participating Driver prior to providing the personal data pertaining to said third party to PACFAST.
B. PURPOSE OF COLLECTION AND OTHER PROCESSING OF PERSONAL INFORMATION BY PACFAST
PACFAST collects and otherwise processes the above personal data for the following purposes:
- To publish a User’s proposal to engage the services of a Participating Driver, which include Private Carrier Services of the User’s package/s, parcel/s, delivery item/s or part thereof (“Shipment”) for compensation to be determined in accordance with the prevailing rates on the Website or the PACFAST App (“Order”), depending on which platform is used to place the Order;
- To confirm or clarify an Order
- To track the booked vehicles
- To determine compliance with the User’s or Participating Drivers’ Terms and Conditions
- To address Users’ complaints against the Participating Driver concerned
- To verify the truthfulness of the personal data provided
- To facilitate the availment and monitoring of the discounted products and services, special promotions and other benefits (the “Benefits”) by Users or Participating Drivers from PACFAST and/or PACFAST’s corporate and institutional partners
- To facilitate Users’ use of the Private Carrier Services
- To facilitate Participating Drivers’ provision of the Private Carrier Services
- To facilitate Users’ and Participating Drivers’ use of and access to the Website and/or the PACFAST App
- To administer Users’ and Participating Drivers’ accounts
- To facilitate Users’ payment for their Orders
- To facilitate Participating Drivers’ receipt of their eighty percent (80%) share from successfully completed Orders
- To provide Users updates on the fulfillment of Users’ Orders
- To customize Users’ and Participating Drivers’ access to and use of the Website and/or the PACFAST App
- To carry out research on Users’ and Participating Drivers’ demographics, behavior as consumer and individual preferences
- To monitor Users’ and Participating Drivers’ use of the Website and/or the PACFAST App
- To comply with the orders or regulations of enforcement agencies, judicial and quasi-judicial bodies, or other competent government authority
- To fulfill the legitimate objectives of PACFAST as a duly registered corporation, including any and all contractual obligations that PACFAST may have entered into that are necessary or directly related to the services provided, the performance of which being at all times consistent with the DPA and the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy
- To protect Users and Participating Drivers
- To establish, exercise or defend legal claims in favor of or against PACFAST
- To prevent fraud and illegal activities
- To provide information on promos or discounts
- To market PACFAST’s services
- To fulfill any purpose directly related to the above purposes
C. PACFAST’S PROCESSING OF USERS’ AND PARTICIPATING DRIVERS’ PERSONAL INFORMATION
Apart from collecting Users’ and Participating Drivers’ personal data, PACFAST shall engage in all other forms of processing, such as recording, organization, storage, updating, modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of personal data.
PACFAST’s processing may be performed manually or through automated means.
D. SHARING OF PARTICIPATING DRIVERS’ PERSONAL INFORMATION BY PACFAST
PACFAST may share Users’ and Participating Drivers’ personal data to third parties for the fulfillment of any of the purposes enumerated above or, in extraordinary circumstances, when PACFAST believes that the sharing of such personal data is necessary to prevent a threat to the life or health of another. Such third parties include but are not limited to the following:
- Users and Participating Drivers
- Subsidiaries, parent company or other related companies
- Service providers who provide technical, operational and/or logistical support for all functions necessary, desirable to or in any manner related to the business of PACFAST
- Courts, quasi-judicial agencies and tribunals, as a response to an order, subpoena or other legal processes
- Law enforcement personnel, government agencies and other state entities in the exercise of their investigative or regulatory powers
- Entities engaged by PACFAST to assist in establishing, exercising or defending legal claims or protecting PACFAST’s rights and assets
- Users and Participating Drivers
- Corporate and institutional partners;
In all instances where the sharing of personal data is for commercial purposes, PACFAST shall ensure that the same is covered by a data sharing agreement which shall establish, or oblige the Personal Information Controller (“PIC”) or Personal Information Processor (“PIP”) to whom the User’s and Participating Driver’s personal data will be shared to establish, organizational, physical and technical safeguards for data privacy and security no less than those provided in this Privacy Policy (For Users and Participating Drivers), which in all instances shall comply with the DPA, the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy.
Before a User’s and Participating Driver’s personal data is shared, PACFAST shall obtain the User’s and Participating Driver’s consent and provide the Participating Driver with the following information:
- Identity of the PIC or PIP to whom the User’s and Participating Driver’s personal information will be shared
- Purpose of the data sharing
- Categories of personal data to be shared
- Intended recipients or categories of recipients of the personal data
- Existence of the User’s and Participating Driver’s rights as a data subject under the DPA, the DPA IRR, issuances of the NPC, other applicable laws and regulations on data privacy and the data sharing agreement between PACFAST and the PIC or PIP to whom the Participating Driver’s personal data will be shared; and
- Other information that would sufficiently notify the User and Participating Driver of the nature and extent of the data sharing involved and the manner of the processing of his/her personal data.
E. OUTSOURCING BY PACFAST OF THE PROCESSING OF USERS’ AND PARTICIPATING DRIVERS’ PERSONAL INFORMATION
PACFAST may engage a third party to process Participating Drivers’ personal data. Such engagement will be covered by an outsourcing agreement mandating said third party to put in place the organizational, physical and technical measures no less than those provided in this Privacy Policy (For Users and Participating Drivers), which in all instances shall comply with the DPA, the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy.
PACFAST guarantees that it will not sell Users’ and Participating Drivers’ personal data.
F. PACFAST’S STORAGE AND RETENTION OF USERS’ AND PARTICIPATING DRIVERS’ PERSONAL DATA
Users’ and Participating Drivers’ personal data collected or otherwise processed by PACFAST shall be stored in secure online storage platforms, protected cloud infrastructure and on-site drives of PACFAST. Users’ and Participating Drivers’ personal data collected or otherwise processed by PACFAST shall be stored in secure online storage platforms, protected cloud infrastructure and on-site drives of PACFAST which are only accessible to PACFAST employees. PACFAST uses industry-standard encryption to provide protection for the information and requires users and drivers to verify their identity through their login username and password before they can amend information on their accounts. Physical copies of said personal data, if any, shall be stored in PACFAST’s offices in secure and monitored rooms accessible only to duly authorized personnel.
PACFAST will retain Users’ and Participating Drivers’ personal data for as long as the purposes for which they are being processed are not accomplished.
G. USERS’ AND PARTICIPATING DRIVERS’ ACCESS TO THEIR PERSONAL INFORMATION
Users and Participating Drivers who wish to access their personal data collected or otherwise processed by PACFAST may e-mail PACFAST’s Data Protection Officer (“DPO”), through his/her email below, to request copies of said personal data or acquire information on PACFAST’s use, sharing, other disclosure or other processing of the said data within a particular period.
PACFAST shall, however, require proof of a User’s or Participating Driver’s identity before granting access to said information. PACFAST reserves the right to take reasonable measures to further confirm a Participating Driver’s identity before granting access.
PACFAST reserves the right to charge a reasonable fee for the retrieval and reproduction of the Participating Driver’s personal data or information on PACFAST’s use, sharing, other disclosure or other processing of the Participating Driver’s personal data within the requested period.
H. OTHER RIGHTS OF THE USERS AND PARTICIPATING DRIVERS AS DATA SUBJECTS
Users and Participating Drivers have the right to correct, update or otherwise modify their personal data as collected and processed by PACFAST. Users and Participating Drivers may correct, update or otherwise modify such personal data by accessing their account through the Website or the PACFAST App.
Users and Participating Drivers also have the right to withdraw their consent to the processing of their personal data, object thereto and/or demand that said data be erased from PACFAST’s records. The Users and Participating Drivers understand that the withdrawal of their consent, objection to PACFAST’s processing and/or demand for erasure may mean that PACFAST may be unable to provide its services to the Participating Drivers withdrawing such consent, objecting to PACFAST’s processing or demanding erasure of their personal data from PACFAST’s records.
To exercise any of the above rights, Users and Participating Drivers may e-mail PACFAST’s DPO, through his/her e-mail below. If PACFAST is unable or unwilling to acknowledge these rights or give them due course, Users and Participating Drivers may file a complaint before the NPC.
I. PACFAST’S PROTECTION OF USERS’ AND PARTICIPATING DRIVERS’ PERSONAL DATA
PACFAST implements the organizational, physical and technical measures provided in the DPA, DPA IRR, issuances of the NPC and other applicable laws or regulations on data privacy for the protection of Participating Drivers’ personal data. PACFAST restricts access of its employees, other than those specifically authorized, to Users’ and Participating Drivers’ personal data.
PACFAST employs a dedicated information technology team to protect its Users’ and Participating Drivers’ personal data. PACFAST maintains technological safeguards to prevent unauthorized access to Participating Drivers’ personal data. PACFAST ensures that credit card information is processed by PCI-certified merchants/payment providers.
PACFAST undertakes to constantly assess and improve upon its data protection measures to ensure the safety and integrity of the personal data it processes.
This Privacy Policy (For Users and Participating Drivers) may be updated from time to time. Please refer to this page to be informed of any changes to this Privacy Policy (For Users and Participating Drivers)