PRIVACY POLICY

This Privacy Policy was last updated on May 13, 2024.

For the purposes of this Privacy Policy, the following interpretation and definitions of words and acronyms are used:

· “PDPA”, refers to PHILIPPINE DATA PRIVACY ACT OF 2012 (R.A. No. 10173)

· “JSDS”, refers to J-CODE SOFTWARE DEVELOPMENT SERVICES, a DTI registered company under Business Name No.5363620.

As defined by JSDS: The developer and legal owner of KapitBahay®.

As defined by PDPA: “Personal Information Processor” refers to any natural or juridical person or any other body to whom a Personal Information Controller may outsource or instruct the processing of personal data pertaining to a data subject.

· “KapitBahay®”

As defined by JSDS: It is a Windows computer desktop application software for automating all the transaction of a typical Filipino-style homeowner association. The data is secure and highly accessible because it is saved in the cloud. The installation file can be downloaded at www.kapitbahay.org . JSDS offers a Free-Use-For-Six-Months, All-Features-Unlocked, No-Credit-Card-Needed free trial to Subscriber who voluntarily created a unique account in order to use KapitBahay® and access its cloud database.

When the free-trial use expires, a monthly subscription fee is collected if the Subscriber wants to continue the use of KapitBahay®.

As defined by PDPA: “Data processing systems” refers to the structure and procedure by which personal data is collected and further processed in an information and communications system or relevant filing system, including the purpose and intended output of the processing.

· “Subscriber”

As defined by JSDS: An organization or association of homeowners or individuals who pay JSDS for a legal use of KapitBahay®.

As defined by PDPA: “Personal Information Controller” refers to a natural or juridical person, or any other body who controls the processing of personal data, or instructs another to process personal data on its behalf. The term excludes:

1. A natural or juridical person, or any other body, who performs such functions as instructed by another person or organization; or

2. A natural person who processes personal data in connection with his or her personal, family, or household affairs; There is control if the natural or juridical person or any other body decides on what information is collected, or the purpose or extent of its processing.

· "Personal Information"

As defined by PDPA: Is any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.

Introduction

This Privacy Policy describes JSDS policies and procedures on the collection, use and disclosure of Personal Information when Subscriber use KapitBahay® and tells about privacy rights and how the law protects.

“JSDS ensures that the processing of Personal Information shall be done with utmost adherence to the principles of transparency, legitimate purpose and proportionality.” (Source: sec 11, PDPA).

“This Policy affirms that the Subscriber and JSDS agrees that the former gave its consent, freely, voluntarily, and no coercion by the latter, on the Processing of the personal Information.” (Source: sec. 12 (a), PDPA)

“This policy also affirms that the Subscriber agrees and understands the importance of the processing of the Personal Information is for the purposes of the legitimate commercial interests pursued by the Personal Information Controller or by a third party or parties to whom the data is disclose which entails.” (Source: sec. 12 (f), PDPA)

By using KapitBahay®, Subscriber agree to the collection and use of Personal Information in accordance with this Privacy Policy.

Collecting and Using Subscriber Personal Information

Types of Data Collected

Personal Information

While using KapitBahay®, JSDS shall ask Subscriber to provide JSDS with certain Personal Information that can be used to contact or identify Subscriber. Personal Information may include, but is not limited to:

• First name and last name
• Email address
• Phone number
• Property location
• and other pertinent information as desired by JSDS upon notification of Subscriber.

“In a future event that JSDS may need Sensitive Personal Information and Privileged Information, such as: individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations, individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns, specifically established by an executive order or an act of Congress to be kept classified, necessary for the protection of lawful rights and interests of natural persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.

The Subscriber give its consent to JSDS, provided that JSDS shall ask the consent to the Subscriber only on Sensitive Personal Information and Privileged Information. The Subscriber gives its full trust to the Subscriber in matters of keeping the Sensitive Personal Information and Privileged Information.” (Source: sec 3 (l), sec 13 PDPA)

Use of Subscriber Personal Information

JSDS may use Subscriber Personal Information for the following purposes:

• To monitor the Subscriber’s usage of KapitBahay®.
• To manage Subscriber account registration as a user of KapitBahay®. The Personal Information that the Subscriber provided can give access to different functionalities of KapitBahay® that are available for a registered user.
• To contact Subscriber by email for KapitBahay® push notifications regarding updates related to the functionalities, security updates, when necessary or reasonable for their implementation.
• To manage and reply Subscriber requests to JSDS.
• JSDS may use Subscriber Personal Information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of JSDS promotional campaigns and to evaluate and improve JSDS marketing strategy.

JSDS may share Subscriber Personal Information in the following situations:

• JSDS may share Subscriber Personal Information with KapitBahay® cloud database provider and subscription payment processor.
• JSDS may disclose Subscriber Personal Information for any other purpose only with Subscriber consent.

Retention of Subscriber Personal Information

JSDS will retain Subscriber Personal Information only for as long as it is necessary for the purposes set out in this Privacy Policy. JSDS will retain and use Subscriber Personal Information to the extent necessary to comply with JSDS legal obligations (for example, if JSDS are required to retain Subscriber data to comply with applicable laws), resolve disputes, and enforce JSDS legal agreements and policies.

Disclosure of Subscriber Personal Information

Business Transactions

If JSDS is involved in a merger, acquisition or asset sale, Subscriber Personal Information may be transferred. JSDS will provide notice before Subscriber Personal Information is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, JSDS may be required to disclose Subscriber Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

JSDS may disclose Subscriber Personal Information in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of JSDS
• Prevent or investigate possible wrongdoing in connection with KapitBahay®
• Protect the personal safety of Subscriber of KapitBahay® or the public
• Protect against legal liability

Security of Subscriber Personal Information

The security of Subscriber Personal Information is important to JSDS, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure.

“In an event of fortuitous event, acts of God and natural disasters that are uncontrollable and unusual to the JSDS course of business, the subscriber is aware of any breach of security of JSDS system and understood that JSDS done its earnest and extraordinary diligence in protecting the information of the Subscriber.”

Detailed Information on the Processing of Subscriber Personal Information

JSDS third-party cloud database providers may have access to Subscriber Personal Information. These third-party service providers may collect, store, use, process and transfer information about Subscriber activity on KapitBahay® in accordance with their own Privacy Policies.

Analytics

JSDS may use third-party services providers to monitor and analyze the use of KapitBahay®.

Email Marketing

JSDS may use Subscriber Personal Information to contact Subscriber with newsletters, marketing or promotional materials and other information that may be of interest to the Subscriber. Subscriber may opt-out of receiving any, or all, of these communications from JSDS by following the unsubscribe link or instructions provided in any email send or by contacting JSDS.

Payments

JSDS may use third-party services for payment processing (e.g. payment processors).

JSDS will not store or collect Subscriber payment card details. That information is provided directly to JSDS third-party payment processors whose use of Subscriber Personal Information is governed by their Privacy Policy. These payment processors adhere to the standards set by a joint effort of brands like Visa, Mastercard, etc. of requirements that will help ensure the secure handling of payment information.

“In an event of problems in payment may occur, the Subscriber is aware that JSDS has no access nor control to the payment processor. The Subscriber is aware that JSDS will rely to the information of the payment processor. JSDS efforts of asking of proofs of payments (e.g,: electronic or manual receipts, transaction receipts and the like), is for mere verification, but not binding of the fulfillment of the obligation of payment by the Subscriber. The information and confirmation of payment processor shall be the basis of the fulfillment of payment obligation by the Subscriber. JSDS will assist to fasten the record of the Subscriber.”

Changes to this Privacy Policy

JSDS may update this Privacy Policy from time to time. JSDS will notify Subscriber of any changes by posting the new Privacy Policy on this page.

JSDS will let Subscriber knows via email a prominent notice on KapitBahay®, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

Subscriber are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact JSDS

If Subscriber has any question about this Privacy Policy, Subscriber can contact JSDS:

• By sending an email to support@kapitbahay.org

Mail JSDS

Subscriber may send a letter to:

KAPITBAHAY, 11th Floor, AppleOne - Equicom Tower, Mindanao Avenue corner Biliran Street, Cebu Business Park, Cebu City, Cebu, 6000