Privacy Policy

We at Napa Gapa Beverages Corp. (hereinafter referred to as “ENGKANTO” or the “Company”), are committed to protecting and respecting the data privacy of our Users by collecting and processing your Personal Information and Sensitive Personal Information (“Personal Data”) in accordance with the applicable data privacy laws and regulations, including Republic Act No. 10173 otherwise known as the Data Privacy Act of 2012 (“DPA”) and its Implementing Rules and Regulations (“DPA IRR”)

The Company developed this Privacy Policy to explain how we may collect, use, store, access, and disclose your Personal Data when you use the Website, including any components and updates thereto (the “Service”).

This Privacy Policy was last updated on July 27, 2019. We reserve the right to amend this Privacy Policy from time to time to reflect changing legal requirements or our processing systems and internal operations. Any such changes will be posted on the Website and will be effective upon posting. You are therefore encouraged to verify any such changes to this Privacy Policy from time to time to ensure that you are kept updated of the manner by which we collect and process your Personal Data. By using or accessing the Website, you acknowledge that you have read, understood and agree to be bound by all the terms of this Privacy Policy.

I. Collection of Personal Data

ENGKANTO collects and processes Personal Data in connection with the Services such as the User’s name, age, phone number, email address and delivery/billing address, and, subject to the encryption technology of our third-party service providers, payment data.  Such information is collected through any of the following:

a. Electronic forms filled out and submitted in connection with the availment of the Services;

b. Log-in credentials and/or information inputted to sign-up for the Services;

c. Any electronic mail sent to us to inquire about the Services; or

d. Information disclosed in the creation of your account profile upon registration for the availment of the Services.

II. Use and Disclosure of Personal Data

ENGKANTO only collects, uses and stores Personal Data in connection with the Services and for the purpose of administering account creation, processing orders and payments, delivering products, supporting customers, providing information on additional products or services, and analyzing Website sales and traffic for ENGKANTO’s internal business use.

ENGKANTO will not disclose Personal Data collected online with third parties, except in the case of relevant information being passed onto its third-party payment processing and logistics providers as necessary, to process orders, payments and delivery. The processing of the Personal Data by ENGKANTO’s

third party payment processing and logistics providers is covered by the appropriate outsourcing or subcontracting agreements to ensure the confidentiality, integrity and availability of the Personal Data processed, prevent its use for unauthorized purposes, and generally, comply with the legal requirements on data privacy and protection.

III. Retention of Personal Data

ENGKANTO shall endeavor to limit the amount and type of personal data collected and/or processed to only that necessary for the purposes enumerated above and shall only retain such personal data for as long as necessary for the fulfillment of the purpose for which it is collected.

Subject to any specific regulations subsequently adopted, we will permanently destroy, erase, or anonymize your personal data when it is no longer required to fulfill the purpose for which it has been collected.

IV. Rights as a Data Subject

The User may exercise any such rights pertaining to the privacy and processing of his or her Personal Data through the contact information indicated hereunder. The User shall treat the Personal Data relayed to the Website with confidentiality and shall not cause its disclosure to unauthorized third parties. The User accepts and agrees that ENGKANTO shall not be held liable for the misuse of or unauthorized processing of passwords and other Personal Data without any fault on the part of ENGKANTO.

A. Right to be Informed - The User has the right to be informed whether his or her Personal Data shall be, are being, or have been processed, including whether automated decision-making and profiling will be involved in the processing.

B. Right to Object – The User can object to processing of his or her Personal Data, including processing for direct marketing, automated processing, or profiling.

C. Right to Access – The User has the right to view, update or delete Personal Data already provided to ENGKANTO by logging on to the account created by the User. Upon demand, the User has the right to reasonable access to the following:

a. Contents of his or her Personal Data that was processed;
b. Sources from which Personal Data was obtained;
c. Names and addresses of recipients of the Personal Data;
d. Manner by which such Personal Data was processed;
e. Reasons for the disclosure of the Personal Data to recipients, if any;
f. Information on automated processes where the User's Personal Data will, or is likely to, be made as the sole basis for any decision that significantly affects or will affect the User;
g. Date when the User's Personal Data was last accessed and modified.

D. Right to Rectification – The User has the right to dispute the inaccuracy or error in his or her Personal Data, unless the request is vexatious or otherwise unreasonable.

E. Right to Erasure or Blocking – The User has the right to suspend, withdraw or order the blocking, removal or destruction of his or her Personal Data from the Company's filing or storage systems, under the circumstances allowed under the law. ENGKANTO may be unable to fully render its services as a result of such withholding, withdrawal or objection.

F. Right to Damages – The User has the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your personal data.

G. Right to Portability – The User has the right to obtain a copy of such Personal Data in an electronic or structured format, which is commonly used and allows for the User's further use, in case the Personal Data was processed through electronic means and in a structured and commonly used format.

V. Security of Your Personal Data

ENGKANTO shall implement reasonable and appropriate organizational, physical, and technical security measures for the protection of its Users’ Personal Data. ENGKANTO shall ensure that the security measures being, and to be implemented shall maintain the availability, integrity, and confidentiality of Personal Data against any accidental or unlawful destruction, alteration, disclosure or any other unlawful processing.

VI. Minor

The Website is neither directed to nor intended for use by individuals under 18 years of age.  By accepting this policy, the User warrants that he or she is at least 18 years of age. Any person under the age of 18 should not provide Personal Data using the Website.

VII. Collection of Computer Data

When using the Website, ENGKANTO may record browsing information, such as but not limited to, the IP address, type of browser, referring site or page, pages visited within the Website, access dates and time, or operating system. This information is collected to help customize or improve the Website and User experience.

ENGKANTO may implement or install "cookies" to assist in further improving the Website.  A “cookie” is a file that is placed on your web browser or mobile device to track activities in our Website, but is not used to run programs or deliver viruses to computers or mobile devices. The User may allow or refuse cookies by modifying the browser settings, provided that certain functionalities in the Website may also be disabled when the User opts to decline the use of cookies. 

VIII. ENGKANTO’s Right

ENGKANTO reserves the right to update this Privacy Policy to reflect changes to its measures and practices in the processing of Personal Data. In case of amendments, ENGKANTO shall notify the User by email nominated in the User’s account or by means of a notice on the Website prior to the change becoming effective.

IX. Contacting Engkanto

ENGKANTO may be reached through its Data Protection Officer at 2288 Pasong Tamo Extension, Makati City or through dataprivacy@engkanto.com.ph, 0917 835 7743.

X. Acceptance

By accepting this Privacy Policy, the User agrees and accepts that all Personal Data provided through the Website are true, accurate and current. The User shall inform ENGKANTO of any changes in the same, which may be done by logging in the User account.

The User likewise acknowledges that he or she have read this Privacy Policy, understood its contents and consents to the processing of his or her Personal Data pursuant to the purposes described above. By accepting this Privacy Policy, the User agrees that his or her consent does not preclude the existence of other criteria for lawful processing of personal data, and does not waive any of my rights under the Data Privacy Act of 2012 and other applicable laws.

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