Mobile Messaging Solutions Proposal

Brand Name:
Company Name:
Company Address:
Contact No.:
TIN:
Date:
CE#:

This contract (referred to as the “Contract” or “CE”), pertains to the provision of Telerivet (TR)
platform and Yondu SMS API connectivity connection to ________ (“Client”) for SMS telco
broadcast of the latter’s content (the “Service”) with the corresponding amount payable to
Yondu Inc. for such Service hereunder specified (the “Service Fee”):

One-Way (MT) Rate

SMS Unit Price (Php)* Total Cost
1 Message Part 0.37 N/A
One Time Set Up Fee 10,000 WAIVED
Sender ID / Routes 10,000 WAIVED
* Price inclusive of VAT

Message Part Count (MT):

Character Length Message Part

1-160 1
161-306 2
307-459 3
460-612 4

PAYMENT DETAILS

● Payment options
o USD Account
▪ Bank: Union Bank
▪ Account name: Yondu, Inc.
▪ Account Number: 131910000054
▪ Swift code: UBPHPHMM

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 o Peso Account
▪ Bank: Union Bank
▪ Account name: Yondu, Inc.
▪ Account Number: 001910000570
▪ Swift code: UBPHPHMM
o Cheque Payments should be addressed to Yondu Inc.

TERMS AND CONDITIONS:

The following terms and conditions (“Terms and Conditions”), as well as all applicable laws,
govern all use of the Yondu SMS Gateway, Telerivet website and all content, services and
products available at or through the Telerivet website and Yondu SMS Gateway (both
collectively, the “Service”). The Service Platform is owned and operated by Telerivet, Inc., and
the SMS Gateway is owned and operated by Yondu, Inc. (both entities hereafter referred to
as “the Service Providers”). The Service offered is subject to your acceptance without
modification of all of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, the Service Providers’ online Privacy
Policies and Manuals and online Terms of Service) and procedures that may be published from
time to time by the Service Providers (collectively, the “Service Policies”).

Please read these Terms and Conditions carefully before accessing or using the Service. By
accessing or using any part of the Service, you agree to be bound by these Terms and
Conditions. If you do not agree to all the Terms and Conditions, then you may not access or
use the Service. If these Terms and Conditions are considered an offer by the Service
Providers, acceptance is expressly limited to these terms. The Service is available only to
individuals who are at least 18 years old.

Your Account. If you create or register an account on the Service, you shall be responsible for
maintaining the security of your account, and you shall be fully responsible for all activities
that occur under the account. You shall not describe or assign keywords to your content in
any misleading or unlawful manner, including in a manner intended to trade on the name or
reputation of others. The Service Providers reserve the right to change or remove any

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description or keyword that it considers inappropriate or unlawful, or otherwise likely to
cause the Service Providers liability. You shall immediately notify the Service Providers of any
unauthorized use of your account, your mobile services, or any other breach of security. The
Service Providers, their suppliers, directors, officers, employees and/or successors-in-interest
shall not be liable for any and all acts or omissions committed by you or your representatives,
including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you register an account, post material to the chosen SMS
campaign Service, post links on the Service, or otherwise make (or allow any third party to
make) any material available by means of the Service (any such material, “Content”) or other
services, you shall be entirely responsible for the content of and any harm resulting from that
Content. The same shall apply without regard to whether the Content in question, or any
portion thereof, constitutes texts, graphics, audio file, or computer software. By making the
Content available, you represent and warrant that:
● the downloading, copying and use of the Content does not infringe the proprietary
rights, including but not limited to, the copyright, patent, trademark or trade secret
rights, of the Service Providers or any third party;
● if your employer or any person has rights to intellectual property you created, you
have either (i) received permission from your employer or such person to post or
make available the Content, including but not limited to, any software, or (ii)
secured from your employer or such person a waiver of its or his claims as to all
rights in or to the Content;
● you have fully complied with any and all necessary licenses relating to the Content,
and have done all things necessary to successfully pass the Content or any required
terms through and/or to end users;
● the Content does not contain or will not in any way install any viruses, worms,
malware, Trojan horses or other harmful or destructive content;
● the Content is not spam, is not machine- or randomly-generated, and does not
contain unethical or unwanted commercial content designed to drive traffic to
third party sites or boost the search engine rankings of third party sites, or to

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 further unlawful acts (such as phishing) or mislead recipients as to the source of
the material (such as spoofing);
● the Content is not pornographic, libelous or defamatory, does not contain threats
or incite violence towards individuals or entities, and does not violate the privacy
or publicity rights of any third party;

If you delete the Content or any part thereof, the Service Providers and their suppliers will
use reasonable efforts to remove the same from the Service, but you acknowledge that
caching or references to the said deleted item may not be made immediately unavailable.
Without limiting any of those representations or warranties, the Service Providers have the
right (though not the obligation), in their sole discretion, to: (i) refuse or remove any Content
that, in The Service Providers’ reasonable opinion, violates any Service Policy or is in any way
harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any
individual or entity for any reason. The Service Providers shall have no obligation to provide
a refund of any amounts previously paid.

Term. You agree to execute a twelve (12) month Contract Term agreement with Yondu, unless
a different term is stated in a separate agreement covering custom developed services or any
special arrangement. You may opt to upgrade your service agreement to any other contract
agreement that the Service Providers are offering for sale at any time during your contract
term. In the case of an upgrade, you shall be charged the amount representing the difference
in the cost of the two contracts over the remainder of the original contract term. At the end
of the contract initial term, the contract shall automatically renew for the same duration until
explicitly cancelled. Cancellation must be done through notice duly sent via Yondu’s support
addresses. Any cancellation shall be done at least thirty (30) days prior to the intended
effectivity of contract termination to allow for adequate processing time.

Fees. In consideration of the services and/or products provided by the Service Providers, you
shall agree to pay one hundred percent (100%) of the billed amount for any development or
monthly fees or costs, whichever is applicable, within fifteen (15) days from receipt of the

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billing or Statement of Account without need of prior demand. Any late payment shall be
subject to a penalty of one percent (1%) of the amount due per month of delay, provided
that, non-payment of any billing for a continuous period of fifteen (15) days shall entitle the
Service Providers to terminate this Agreement.

Dispute of any item in the billing may be done by sending a notice to Yondu within three (3)
days from receipt of the billing. Any dispute shall be resolved within five (5) days from receipt
of the notice. If the charge is thereafter found to be validly made, you shall pay the same
within fifteen (15) days from receipt of the notice resolving the dispute and, further, you may
be permanently blacklisted and barred from use of the Service.

Subscriptions/ Product/Service Launch. You shall agree to the existing subscription

approaches offered by the Service Providers for the Service. The Service to be launched will
be based on the rates you agree to avail of, as well as the terms and conditions of the custom
developed services or any special arrangement contained in a separate agreement (if any).

Responsibility of Service Visitors. The Service Providers and its suppliers have not reviewed,
and cannot review, all of the material, including computer software, posted to the Service,
and cannot therefore be responsible for that any material’s content, uses or effects. By
operating the Service, the Service Providers and its suppliers do not represent or imply that
they endorse the material there posted, or that it believes such material to be accurate, useful
or non-harmful. You are responsible for taking precautions as necessary to protect yourself
and your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The material posted on the Service may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Service may also contain material that violates
the privacy or publicity rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. The Service Providers and their suppliers disclaim

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any responsibility for any harm resulting from the use by Users and/or visitors of the Service,
or from any downloading by those Users or visitors of any Content there posted.

Content Posted on the Services. We have not reviewed, and cannot review, all of the
material, including computer software, made available through the Services and webpages to
which the Service links, as well as those that link to the Service. Moreover, the Service
Providers do not have any control over Non-Service-related services and webpages. As such
the Service Providers, their suppliers, directors, stockholders, officers, employees and/or
successors-in-interest shall not be held responsible for the aforementioned material, their
contents and/or their use. By linking to non-Service websites or webpages, the Service
Providers do not represent or imply that they endorse such websites or webpages. You are
thus solely responsible for taking precautions as may be necessary to protect yourself and/or
your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
content. It is understood and you agree that the Service Providers, their suppliers, directors,
stockholders, officers, employees and/or successors-in interest shall not be liable for any
harm resulting from your use of non-Service websites and webpages.

Copyright Infringement and DMCA Policy. As the Service Providers ask others to respect its
intellectual property rights, it respects the intellectual property rights of others. If you believe
that material located on, or linked to by the Service or any of the Service Providers’ social
network or mobile applications, violates your copyright, you are encouraged to notify the
Service Providers in accordance with the Service Providers’ Digital Millennium Copyright Act
(”DMCA”) Policy. The Service Providers shall respond to all such notices by providing the
appropriate remedy, including, if the circumstances require it, removing the infringing
material or disabling all links to the infringing material. In the case a visitor infringes or
repeatedly infringes, or has the tendency to infringe, on the copyrights or other intellectual
property rights of the Service Providers or others, the Service Providers may, in their sole
discretion, terminate or deny access and/or use of the Service to such visitor. In the case of
such termination or denial of access, the Service Providers shall have no obligation to provide
a refund of any amounts previously paid to the Service Providers.

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Intellectual Property. These Terms and Conditions herein do not transfer, and shall not be
construed as allowing any transfer, of any intellectual property owned by the Service
Providers or third parties. It is understood that any right, title and interest in and to such
intellectual property will remain (as between the parties) solely with the Service Providers or
their suppliers. All service marks, graphics and logos used in connection with the Service are
trademarks or registered trademarks of the Service Providers and/or their licensors and/or
their suppliers. As such, your use of the Service shall not in any way grant you the right or
license to reproduce said marks. Neither does your use of the Service allow you to reproduce
or otherwise use any trademark belonging to a third party.

Changes. The Service Providers reserve the right, at their sole discretion, to modify or replace
any part of these Terms and Conditions. It shall be your responsibility to check these Terms
and Conditions periodically for changes. Your continued use of or access to the Service
following the email notification and posting of any changes to these Terms and Conditions
signifies that you have been properly notified of and you have accepted those changes. The
Service Providers may also, in the future, offer new services and/or features through the
Service (including, the release of new tools and resources and modification as well as
termination of released features). Such new features and/or services shall likewise be subject
to these Terms and Conditions unless otherwise stated.

Termination. You may cancel this Agreement with or without cause by sending a notice to
Yondu via Yondu’s support addresses at least thirty (30) days prior to the intended date of
termination (or by simply discontinuing the use of the Service). On the other hand, the Service
Providers may immediately terminate your access to all or any part of the Service at any time
and without prior notice, even if without cause or for any causes such as, but not limited to:
a. Non-payment of any amount due for a continuous period of fifteen (15) days;
b. Violation of any of the terms or warranties provided in this Agreement or the proposal;
c. Termination of the Agreement is done as part of the general shut down of the Service,
or the happening of any event (whether the same may be caused by force majeure or

7
 act of man) which prevents the Service Providers from delivering any of the Services
provided herein.

All provisions of these Terms and Conditions, which by their nature should survive
termination of the Service, including, but not limited to, ownership provisions, warranty
disclaimers, indemnity and limitations of liability, shall survive such termination.

Chargeback / Refund Policy. If you cancel the Services, your cancellation shall take effect on
your next billing cycle. Any and all fees paid prior to the said effectivity of cancellation shall
be forfeited in favor of Yondu. No credit card or billing information shall be collected to initiate
a trial account, and charges made herein shall only be applied after explicit account purchase.
If you have a question about charges made to your account, please contact us immediately.
If any charges were made in error, Yondu shall immediately credit your account or credit card
account the appropriate amount charged in error upon confirmation made after an
immediate investigation. Be informed that Yondu has a zero-tolerance policy for charge
backs. Thus, should you dispute any charge that is later on found to be validly made, you shall
be permanently blacklisted and barred from use of the Service.

Disclaimer of Warranties. The Service is provided on an “as is” basis. The Service Providers
and their suppliers and licensors hereby disclaim all warranties of any kind, express or implied,
including, but without limitation, the warranties of merchantability, fitness for a particular
purpose and non-infringement. Neither the Service Providers, nor their suppliers and
licensors, make any warranty that the Service herein provided will be error free, or that access
thereto will be continuous or uninterrupted. Further, the Service Providers and their suppliers
make no warranty or representation as to the accuracy, correctness or completeness of any
information furnished or made available through the Service. You understand that any
information, data, content or services downloaded or otherwise obtained from or through
the Service are thus downloaded or obtained at your own discretion and risk.

8
Limitation of Liability. In no event shall the Service Providers, its suppliers or licensors, or
their respective stockholders, directors, officers, employees or successors-in-interest be held
liable with respect to any matter subject of this agreement under any contract, negligence,
strict liability or other legal or equitable theory for: (i) any special, incidental or consequential
damages; (ii) the cost of procurement or substitute products or services; (iii) interruption of
use or loss or corruption of data; (iv) loss of profits or trading losses; or (v) any amounts that
exceed the fees paid by you to the Service Providers under this agreement during the twelve
(12) month period prior to the cause of action. The Service Providers, their suppliers,
stockholders, directors, officers, employees or successors-in-interest shall have no liability for
any failure or delay due to matters or causes beyond its reasonable control. The foregoing
shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. By accessing and/or using the Service, you represent
and warrant that (i) your access and/or use of the Service is and shall be made in strict
compliance with the Service Providers’ Privacy Policies and Manuals, Terms of Service, these
Terms and Conditions, and with all applicable laws, rules and regulations (including, but
without limitation, any local laws or regulations of the country which you are a national or a
resident, or of the state, city, or other governmental area where you are staying, regarding
online conduct and acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the Philippines or the country in which you
reside) and; (ii) your use of the Service does not and shall not infringe on or misappropriate
the intellectual property rights of any third party. As such, you shall be held solely responsible
for any access and/or use of the Service in violation of the aforementioned laws, rules and/or
regulations. Should the Service Providers, their suppliers, stockholders, directors, officers,
agents, employees and/or successors-in-interest be held liable for any claim or damages
arising from any of your acts, you hereby agree to indemnify the Service Providers and their
suppliers for any and all amounts paid therein.

Indemnification. You agree to indemnify and hold harmless the Service Providers, their
suppliers, directors, officers, employees, its contractors and licensors, and their respective

9
directors, officers, employees and agents from and against any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Service, including but not limited to
your violation of these Terms and Conditions.

Severability. Whenever possible, each provision of this Terms and Conditions will be
interpreted in such a manner as to be effective and valid under applicable law. However, if
any provision of this Agreement is held to be prohibited by or invalid under applicable law,
such provision will be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision of the remaining provisions of this Agreement.

Assignment. You shall not assign or transfer any of your rights and obligations under your
Agreement with the Service Providers without the prior written consent of the Service
Providers. For avoidance of doubt, you shall not subcontract or transfer voluntarily or
involuntarily any of your rights, duties or obligations under this contract without the express
written consent of the Service Providers.

Miscellaneous. These Terms and Conditions contained and as specifically incorporated herein
constitute the entire agreement between the Service Providers and you concerning the
subject matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of Yondu, or by the posting by Yondu of a revised version of these Terms
and Conditions. The Terms and Conditions herein shall be governed by the laws of the
Philippines and the proper venue for any disputes arising out of or relating to any of the same
will be the courts located in the Philippines, specifically and exclusively the courts in Makati
City Philippines. Except for claims for injunctive or equitable relief or claims regarding
intellectual property rights (which may be brought in any competent court without the
posting of a bond), any dispute arising hereunder or in relation herewith shall be finally settled
in accordance with the arbitration rules of the Philippine Dispute Resolution Center, Inc.

CONFORME

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By signing below, you agree to the items listed in this document along with the incorporated
and accompanying terms and conditions set for the delivery of the Service(s).

Prepared by: Approved by:

Name Name
Position Position
Yondu Inc. Company

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Annex A – Data Privacy Policy
This document (“Data Privacy Policy”) details how the Service Providers manage Personal
Data, subject to Republic Act No. 10173 or the Data Privacy Act of 2012 (“the Act”), relevant
regulations, any amendments/revisions thereto, and other applicable privacy laws (the “Data
Privacy Laws”). This Data Privacy Policy will let you know and understand the purposes for
which we collect, use, disclose, and process your Personal Data, in accordance with the Act’s
general principles of transparency, legitimate purpose, and proportionality.

By interacting with us, submitting information to us, or signing up for any Products and
Services offered by us, you agree and consent to Yondu, Inc. and Telerivet, Inc. (including their
related corporations and business units) (collectively, the "Companies"), as well as their
respective representatives, employees and/or agents (collectively referred to herein as "the
Service Providers", "us", "we" or "our") collecting, using, disclosing, transferring, storing,
processing, and sharing amongst themselves your Personal Data, and disclosing such Personal
Data to the Companies' authorized service providers and relevant third parties in the manner
set forth in this Data Privacy Policy.

1. Personal Data
1.1 This Data Privacy Policy explains and informs you how your Personal Data is collected,
utilized, processed, and stored by the Service Providers, in accordance with the relevant Data
Privacy Laws. Personal Data, as provided in this Policy, shall include Personal Information and
Sensitive Personal Information which you may provide us.

1.2 In this Data Privacy Policy, “Personal Data” shall mean Personal Information and Sensitive
Personal Information.

1.2.1 Personal Information refers to any data provided about an individual wherein (i)
the identity of an individual is apparent or can be reasonably and directly ascertained;
or (ii) when put together with other information, would directly identify an individual.

1.2.2 Sensitive Personal Information means any Personal Information that: (i) pertains
to an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations; (ii) pertains to an individual’s health, education,
genetic or sexual life, or to any proceedings in court; (iii) is issued by government
agencies peculiar to an individual, e.g., social security numbers and health records; or
(iv) is specifically established by an executive order or an act of Congress to be kept
classified.

1.3 Examples of such Personal Data you may provide to us include (depending on the nature
of your interaction with us) your name, TIN, passport or other identification number,
telephone number(s), mobile numbers, mailing address, email address, network data, credit
information and any other information relating to any individuals which you have provided
us in any forms you may have submitted to us, or via other forms of interaction with you.

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2. Collection of Personal Data
2.1 We collect Personal Data in the following ways:
(a) when you submit an application form or other forms relating to any of our Products
and Services (defined below);
(b) when you interact with our customer service officers, for example, via telephone
calls, letters, face-to-face meetings and emails;
(c) when you use some of our services, for example, websites and apps including
establishing any online accounts with us;
(d) when you purchase or obtain third party services through us;
(e) when you request that we contact you, be included in an email or other mailing list;
(f) when you respond to our promotions, initiatives or to any request for additional
Personal Data;
(g) when you are contacted by, and respond to, our marketing representatives and
customer service officers;
(h) when we receive references from business partners and third parties, for example,
where you have been referred by them;
(i) when we seek information from third parties about you in connection with
the Products and Services you have applied for;
(j) when you subscribe to our newsletters
(k) when you submit a job application through our channels which shall ask you to share
your personal information; and
(l) when you submit your Personal Data to us for any other reasons.

2.2 When you browse our website, you generally do so anonymously. Nevertheless, please
see the section below on cookies. We do not automatically collect Personal Data unless you
provide such information, subscribe to our newsletters, or login with your account
credentials.

2.3 If you provide us with any Personal Data relating to a third party (e.g. information of your
spouse, children, parents, and/or employees), by submitting such information to us, you
represent to us that you have obtained the consent of the third party to provide us with their
Personal Data for the respective purposes in accordance with this Policy.

2.4 You should check that all Personal Data submitted to us by you is complete, accurate, true
and correct. Failure on your part to do so may result in our inability to provide you with the
Products and Services you have requested. Nevertheless, you have the right to access the
Personal Information shared with us and correct your Personal Data as necessary.

3. Purposes for the Collection, Use, Disclosure, and Processing of Your Personal Data
3.1 Generally, the Service Providers collect, use, disclose, and process your Personal Data for
the following purposes:

(a) responding to your queries and requests;

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 (b) managing the administrative and business operations of the Service Providers and
complying with internal policies and procedures;
(c) facilitating business asset transactions (which may extend to any mergers,
acquisitions or asset sales) involving any of the Companies;
(d) matching any Personal Data held which relates to you for any of the purposes listed
herein;
(e) resolving complaints and handling requests and inquiries;
(f) preventing, detecting and investigating crime and analyzing and managing
commercial risks;
(g) providing media announcements and responses;
(h) monitoring or recording phone calls and customer-facing interactions for quality
assurance, employee training and performance evaluation and identity verification
purposes;
(i) legal purposes (including but not limited to obtaining legal advice and dispute
resolution);
(j) conducting investigations relating to disputes, billing, suspected illegal activities or
fraud;
(k) meeting or complying with any applicable rules, laws, regulations, circulars or
guidelines issued by any legal or regulatory bodies which are binding on the Service
Providers (including but not limited to responding to regulatory complaints, disclosing
to regulatory bodies and conducting audit checks, due diligence and investigations);
(l) processing your job application;
(m) administering benefits and payroll processing;
(n) organizing training and development of employees, and assessing their
performance; and
(n) purposes which are reasonably related to the aforesaid.

3.2 In addition, the Service Providers collect, use, disclose, and process your Personal Data for
the following purposes:

(a) If you are a customer, or an employee of an organization which is a customer of the

Service Providers:
(i) opening or continuation of accounts and establishing or providing you with
the Products and Services you subscribe to (including but not limited to service
activation, service operations, service delivery and order processing);
(ii) facilitating the continuation or termination of your subscription to our
Products and Services (including but not limited to administering subscription
arrangements, account maintenance, account closure, processing renewal of
contracts and customer relationship management);
(iii) facilitating the daily operation of the Products and Services (including but not
limited to billing, customer service, customer verification, technical support,
network maintenance and troubleshooting);
(iv) facilitating third party services if purchased, obtained, administered or
processed through us;

14
 (v) managing and executing our service-level agreements with you;
(vi) processing of payment instructions, direct debit facilities and/or credit
facilities requested by you;
(vii) enforcement of repayment obligations (including but not limited to debt
collection, filing of claims and retrieval of payments from losses made by service
partners);
(viii) administering and processing any insurance claims and payments arising
under the respective policies;
(ix) credit and internal risk management (including but not limited to performing
credit checks and disclosures to law enforcement agencies);
(x) generating internal reports (including but not limited to annual, operational
and management reports);
(xi) processing referral payments and commission fees to our external partners;
(xii) administering fee adjustments, refunds and waivers;
(xiii) analyzing your use of our Products and Services so as to help us improve,
review, develop and efficiently manage the Products and Services offered to you;
and
(xiv) purposes which are reasonably related to the aforesaid.

3.3 Furthermore, where permitted under the Act:

(a) The Service providers may also collect, use, disclose, and process your Personal Data
for the following “Additional Purposes”:

(i) analytics and tracking, including facilitating the sale of analytical data;
(ii) conducting market research and surveys to enable us to understand and
determine customer location, preferences and demographics to develop special
offers and marketing programs in relation to The Service Providers’ Products and
Services, and to improve our service delivery and your customer experience at
our touchpoints;
(iii) providing additional Products and Services and benefits to you, including
promotions, loyalty and reward programs from the Service Providers;
(iv) matching Personal Data with other data collected for other purposes and
from other sources (including third parties) in connection with the provision,
marketing or offering of Products and Services by the Service Providers;
(v) leads generation and management for marketing the Service Providers’
Products and Services;
(vi) administering contests, competitions and marketing campaigns, and
personalizing your experience at the Service Providers’ touchpoints;
(vii) communicating to you advertisements involving details of our Products and
Services, special offers and rewards, either to our customers generally, or which
we have identified may be of interest to you (including but not limited to
upselling, cross selling and telemarketing);

15
 (viii) organizing promotional events and corporate social responsibility projects;
and
(ix) purposes which are reasonably related to the aforesaid.

In addition, where permitted under the Act and subject to the provisions of any
applicable law, your Personal Data may be disclosed, for Additional Purposes, to the
vendors or other third party service providers in connection with promotions and
services offered by the Service Providers.

(b) The Service Providers may also collect, use, disclose, and process your Personal Data
for the following “Preferred Partners Additional Purposes”:

(i) conducting market research and surveys to enable us to understand and

determine customer location, preferences and demographics to develop special
offers and marketing programs with our preferred partners;
(ii) matching Personal Data with other data collected for other purposes and from
other sources (including third parties) in connection with the provision,
marketing or offering of products and services (including promotions) by our
preferred partners;
(iii) leads generation and management for marketing the products and services
offered by our preferred partners;
(iv) administering contests, competitions and marketing campaigns in connection
with the products and services offered by our preferred partners;
(v) sending you informational, recruitment and other notification messages
communicated by our preferred partners;
(vi) communicating to you advertisements involving details of the products,
services, special offers and rewards offered by our preferred partners, either to
our customers generally, or which we or our preferred partners have identified
may be of interest to you (including but not limited to upselling, cross selling and
telemarketing); and
(vii) purposes which are reasonably related to the aforesaid.

In addition, where permitted under the Act and subject to the provisions of any applicable
law, your Personal Data may be disclosed, for Preferred Partners' Additional Purposes, to the
vendors or other third party service providers in connection with promotions and services
offered by the Service Providers’ preferred partners. However, please be assured that we do
not disclose your Personal Data to our preferred partners for the purposes of the above unless
your consent is expressly obtained.

Whenever it shall be necessary to share your Personal Data with the Service Providers’
partners or to any other party as indicated in this Policy, the Service Providers ensure that
they shall execute a Data Sharing Agreement with its partner in accordance with the Act.
These partners or companies shall also be required to comply with the confidentiality

16
standards no less than what is set-forth in this Policy, and use these Personal Data only for
our purposes and as instructed by the Service Providers.

3.4 If you have provided your telephone or mobile number(s) and have indicated that you
consent to receiving marketing or promotional information via your provided telephone or
mobile number(s), then from time to time, the Service Providers may contact you using such
telephone or mobile number(s) (including via voice calls, text, fax or other means) with
information about our Products and Services or those products and services offered by our
preferred partners (including discounts and special offers).

3.5 In relation to particular Products and Services or in your interactions with us, we may also
have specifically notified you of other purposes for which we collect, use, disclose, or process
your Personal Data. If so, we will collect, use, disclose, and process your Personal Data for
these additional purposes as well, unless we have specifically notified you otherwise.

3.6 You have a choice to withdraw your consent for receiving marketing or promotional
materials/communication. You may contact us using the contact details found below.

3.7 Please be aware that once we receive confirmation that you wish to withdraw your
consent for marketing or promotional materials/communication, it may take up to 30 working
days for your withdrawal to be reflected in our systems. Therefore, you may still receive
marketing or promotional materials/communication during this period of time. Please note
that even if you withdraw your consent for the receipt of marketing or promotional materials,
we may still contact you for other purposes in relation to the Products and Services that you
hold or have subscribed to with the Service Providers.

3.8 If you withdraw your consent to any or all use of your Personal Data, depending on the
nature of your request, the Service Providers may not be in a position to continue to provide
its Products and Services to you, administer any contractual relationship in place, which in
turn may also result in the termination of any agreements with the Service Providers, and
your being in breach of your contractual obligations or undertakings. The Service Providers’
legal rights and remedies in such event are expressly reserved.

4. Disclosure of Personal Data

4.1 The Service Providers will take reasonable steps to protect your Personal Data against
unauthorized disclosure. Subject to the provisions of any applicable law, your Personal Data
may be disclosed, for the purposes listed above (where applicable), to the following:

(a) The Service Providers; related corporations and employees to provide content,
Products and Services to you, address your questions and requests in relation to your
customer accounts, subscription and billing arrangements with us as well as our
Products and Services, to activate, deactivate, install, maintain and operate our
systems and/or services;

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 (b) companies providing services relating to insurance and consultancy to the Service
Providers;
(c) agents, contractors or third party service providers who provide operational
services to the Service Providers, such as courier services, telecommunications,
information technology, payment, printing, billing, payroll, processing, technical
services, training, market research, call centre, security or other services to the
Service Providers;
(d) vendors or third party service providers in connection with marketing promotions
and services offered by the Service Providers or its preferred partners;
(e) commercial shops and retailers in relation to providing rewards and benefits;
(f) other telecommunications, content or other service providers to facilitate their
provision of content or services, or for interconnection, inter-operability, system
operation and maintenance and billing between service providers;
(g) any business partner, investor, assignee or transferee (actual or prospective) to
facilitate business asset transactions (which may extend to any merger, acquisition or
asset sale) involving any of the Companies;
(h) collection and repossession agencies in relation to the enforcement of repayment
obligations for debts;
(i) credit bureaus for the purpose of preparing credit reports or evaluation of
creditworthiness;
(j) external banks, credit card companies and their respective service providers;
(k) our professional advisers such as auditors and lawyers;
(l) relevant government regulators, statutory boards or authorities or law
enforcement agencies to comply with any laws, rules, guidelines and regulations or
schemes imposed by any governmental authority; and
(n) any other party to whom you authorize us to disclose your Personal Data to.

5. Storage, Retention and Disposal of your Personal Data

5.1 The Service Providers utilize several different methods in the storage and retention of
your Personal Data, including but not limited to cloud storage, physical and electronic files,
etc. The Service Providers ensure that they shall always maintain the security of your Personal
Data and will always act in accordance with this Agreement, as regards to the storage and
disposal of these information.

5.2. The Service Providers shall retain Personal Data (including but not limited to those
included in electronic documents) to the extent that the Companies are required to by law,
and only for as long as necessary for the fulfillment of the purpose(s) for which the Personal
Data has been collected or processed.

5.3. The Service Providers undertake to dispose of your Personal Data in a secure manner, in
accordance with Data Privacy Laws, and will ensure that the disposal shall prevent further
disclosure, sharing or processing to any other party.

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6. Use of Cookies
6.1 A cookie is a small piece of information that is placed on your computer when you visit
certain websites.

6.2 The Service Providers use cookies on their websites for the following purposes:

(a) enabling certain features and functions on our websites, eg. remembering your user-
id, browsing and other service preferences;
(b) building up a profile of how you and other users use the website;
(c) improving the efficiency of our website;
(d) administering services to you and to advertisers; and
(e) establishing usage statistics

6.3 Most internet browsers provide you the option of turning off the processing of cookies,
but this may result in the loss of functionality, restrict your use of the website and/or delay
or affect the way in which it operates.

6.4 Advertisements on the Service Providers’ websites may be provided by third party
advertisers and their agencies. These may generate cookies to track how many people have
seen a particular advertisement (or use the services of third parties to do this), and to track
how many people have seen it more than once. The Service Providers do not control these
third parties and their cookie policies and if you have questions about their cookie policies,
please contact the Service Providers and we will try our best to assist by providing you
information about these third party advertising agencies.

6.5 The Service Providers are not responsible for the Personal Data policies (including
Personal Data protection and cookies), content or security of any third party websites linked
to their websites. Please note that in accessing third party websites, it is advised that you
check its applicable privacy policy to know how it handles the information it collects from you.

7. Contacting Us – Withdrawal of Consent, Access and Correction of your Personal Data and
Data Breach Reports
7.1 If you:
(a) have any questions or feedback relating to your Personal Data or our Data Privacy
Policy;
(b) would like to withdraw your consent to any use of your Personal Data as set out in
this Data Privacy Policy;
(c) would like to obtain access and make corrections to your Personal Data records; or
(d) would like to report any threatened or actual breach of your Personal Data, please
contact the Service Providers as follows:

Email: dpo@yondu.com
Write in: Data Protection Office

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 Yondu, Inc
Lower Penthouse, Panorama Tower
34th Street corner Lane A, Bonifacio Global City,
Taguig City 1634
Philippines
Contact: +63 2 847 2732

7.2 Please note that if your Personal Data has been provided to us by a third party (e.g. a
referrer), you should contact that organization or individual to make such queries, complaints,
access and correction requests to the Service Providers on your behalf.

7.3 You also have the right to file a complaint directly with the National Privacy Commission
for any violation of your data privacy rights.

8. Management of Personal Data

8.1 The Service Providers maintain reasonable and appropriate organizational, physical, and
technical measures in order to protect your Personal Data from accidental or unlawful
destruction, alteration, disclosure, and other unlawful processing.

8.2 In accordance with the Data Privacy Act of 2012, a Data Protection Officer has been
appointed to manage and protect your Personal Data. Breaches shall be reported with
dispatch, and the Service Providers will endeavor to always ensure that their Privacy
Management Programs are always monitored and updated to be at par with future
developments.

8.3 In the event that the Service Providers verify that there has been an actual data breach,
or when there is reasonable belief by the Service Providers that a personal data breach
requiring notification has occurred, it shall notify the National Privacy Commission and the
affected data subjects of such data breach, in accordance with the Data Privacy Act of 2012
and other relevant Data Privacy Laws.

9. Governing Law
9.1 This Data Privacy Policy and your use of this website shall be governed in all respects by
the laws of the Philippines, including but not limited to the Data Privacy Act of 2012, together
with its implementing rules and regulations.

Miscellaneous
This Data Privacy Policy supplements but does not supersede nor replace any other consents
you may have previously provided to the Service Providers in respect of your Personal Data,
and your consents herein are additional to any rights which to any of the Companies may
have at law to collect, use, disclose, or process your Personal Data.

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The Service Providers may from time to time update this Data Privacy Policy to ensure that
this Data Privacy Policy is consistent with our future developments, industry trends and/or
any changes in legal or regulatory requirements. Subject to your rights at law, you agree to
be bound by the prevailing terms of the Data Privacy Policy as updated from time to time on
our website here. Please check back regularly for updated information on the handling of your
Personal Data.

By accepting, you confirm that:

● you are of legal age, and you have the capacity to legally bind yourself to the terms
of this Policy;
● you fully understand all the terms and conditions stated in this Policy; and
● you consent to the processing of your Personal Data in accordance with the terms of
this Policy.

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