Introduction
Zybi Tech Inc., Doing business under the name and style of JuanCash ("Company", "we", "us", "our") is committed to secure Customer's data privacy and ensure that Customer's Personal Data are treated with utmost protection and confidentiality in accordance with R.A. 10173 otherwise known as Data Privacy Act of 2012 and its Implementing Rules and Regulations ("IRR").
When You access the Company's websites (www.zybitech.com; www.juancash.com; and www.juanexchange.com) and/or avail of the Company's services from outside of the Philippines, You acknowledge and agree that Your Personal Data may be transferred to and processed in the Philippines following legal and regulatory standards for data protection that may differ from Your current or home jurisdiction. This Data Privacy Statement is intended to comply with the Data Privacy Act of 2012 and its IRR.
Definition of Terms.
For purposes of this Data Privacy Statement, the following term shall have the following meaning:
1. Customer - Refers to JuanCash and JuanExchange users whose personal, sensitive personal, or privileged information is processed. The term "You" and "Your" shall refer to Customer.
2. Personal Data - refers to all type of personal information and sensitive personal information.
3. Personal Information - refers to 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 Company holding the information, or when put together with other information would directly and certainly identify an individual.
4. Privileged Information - refers to any and all forms of data which, under the Rules of Court and other pertinent laws, constitute privileged communication.
5. Processing - Refers to any operation or any set of operations performed upon personal data including, but not limited to, the collection, recording, organization, storage, updating, or modification, retrieval, consultation, use, consolidation, blocking, erasure or distraction of data.
6. Sensitive Personal Information - refers to personal information of customer's
Who we are?
Established on July 23, 2018, Zybi Tech Inc. Doing business under the name and style of Juancash, is a forward-looking Financial Technology ("FinTech") company that aims to provide financial services to the unbanked and underbanked; and to bridge the gap between virtual currency and the Filipinos by providing easy-to-use and cost—effective products and services.
On September 06, 2018, the Company initially secured its Provisional Certificate of Registration ("PCOR") from the Bangko Sentral ng Pilipinas ("BSP") to operate as a Remittance and Transfer Company ("RTC") with Virtual Currency Exchange ("VCE"). Then, on May 21, 2019, the Company secured another PCOR from BSP to operate as RTC with an Electronic Money Issuer ("EMI") with VCE.
On May 29, 2019, the Company unveiled JuanCash and JuanExchange in a soft launch in Makati City, Philippines. JuanCash functions the EMI; it is a mobile e-wallet application where the customers can transfer funds, send/receive remittance, perform cashless withdrawal, buy airtime load, and pay utility bills; while JuanExchange functions the VCE; it is a web-based platform that provides facility for, and engages in activities relating to, conversion or exchange of fiat currency to virtual currency or vice versa. The choice of the term "Juan" in the platforms, JuanCash and JuanExchange, is the personification of the Filipinos as the Company was founded by five (5) patriotic and nationalistic Filipino individuals.
On July 22, 2019, the Company formally introduced JuanCash and JuanExchange to the market in a grand launch at Century Park Hotel in Manila City, Philippines. On September 09, 2019, the BSP formally issued a Certificate of Registration ("COR) in favor of the Company.
Collection of Personal Data
The Company collects Personal Data that is material to Your account registration, KYC ("Know-Your-Customer") verification, and to conduct Services as request by You. Specifically, the Company collects the following Personal Data from You in the following cases:
i. JuanCash Registration.
When You create a JuanCash account, You voluntarily provide the following Personal Data:
1. Complete Name (Last Name, First Name, Middle Name, Suffix)
2. Date of Birth
3. Complete Address
4. Mobile Number
5. Email address
6. Nationality
7. Payment Password
8. Security Pattern
ii. JuanExchange Registration.
When You initiate your account registration via JuanExchange website, You voluntarily provide the following Personal Data:
1. Mobile Number
2. Email Address
3. Log-in Password
4. Transaction Password
iii. KYC Verification.
In compliance with R.A. 9160 otherwise known as Anti-Money Laundering Act of 2001 as amended, and its IRR, and other laws and regulations, You voluntarily provide the following information:
1. Present Address
2. Permanent Address
3. Contact Number (Cellphone Number)
4. Acceptable ID (ID Image)
5. Place of Birth
6. Specimen Signature
7. Selfie Picture
8. Liveness Clip
9. Source of fund (Salary, Remittance, Personal, others)
10. Employment type
11. Name of Employer
12. Mother's Maiden Name
In case of Juridical Entity, in addition to the foregoing, depending on the risk profile of You, the Company may request additional Personal Data, such as but not limited to:
1. Merchant Application Form (Contains Personal Data of the Customer)
2. SEC Registration
3. BIR Form 2303
4. Business Permit
5. Articles of Incorporation
6. By-Laws
7. Latest GIS
8. Board Resolution/Secretary Certificate/Authorization Letter
iv. Surveys, Feedback, and Comments
The Company also collects Personal Data when You participate in any Company survey or when the You provide comment and/or feedback to any platforms owned by the Company.
v. Log Data
Whenever the You visit the Company's website either via web browser or mobile application, the Company collects, stores, and processes Your log data, such as but not limited to the following:
1. Internet Protocol ("I.P.") address
2. Browser type and version
3. Operating system
4. Time and date of visits
vi. Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to Your browser from a web site and stored on the Your computer's hard drive. Like many sites, the Company uses "cookies" to collect information. You can instruct browser to refuse all cookies or to indicate when a cookie is being sent. However, if You do not accept cookies, You may not be able to use some portions of the Company's websites.
Processing of Personal Data
The Company's main purpose in collecting Your personal data is to provide You with a secure, informative, efficient and user-friendly experience of the Company's platform. The Company processes Your personal Data in order to:
i. Manage and operate JuanCash and JuanExchange platform and for customer's risk profiling;
ii. Comply with Anti-Money Laundering Act of 2001, as amended ("AML") and BSP rules and regulations and other existing laws and policies with respect to cross checking against United Nation's Sanction List;
iii. Provide services and customer support in a timely and efficient manner;
iv. Process transactions and send alerts about the same;
v. Discover and troubleshoot glitches, resolve disputes, collect fees;
vi. Detect, prevent, mitigate and investigate potentially fraudulent, prohibited or illegal activities;
vii. Send You with accurate reports about usage of JuanCash and JuanExchange;
viii. Deliver direct marketing, service update notices and promotional offers based on Your communication preferences;
ix. Compare gathered information for accuracy when needed to be verified with third parties; and
x. Any other purpose/s related or connected to the foregoing.
Non-Disclosure of Personal Data
All pertinent information You provide shall be treated with strict confidentiality and utmost protection. In this regard, we train and direct our employees, staff and affiliates to properly handle personal data aligned with our security standards. They are prohibited from disclosing Your personal data to any person or entity foreign to our company either during or after their employment, unless required by existing laws, rules and regulations.
Third-Party Disclosure
The Company works with third-party entities who help us provide and facilitate the Services. Here are the situations where You authorized us to disclosed Your personal data with a third-party:
i. To provide the Services. The Company shall process and share your personal data with a third-party to process Your requested transaction;
ii. Compliance with the Law. When required by law or where the Company believes that it is necessary to protect the Company's legal rights, interests and the interests of others, the Company will use and share Your personal data with a third-party in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business;
iii. Compliance with Law Enforcement. In exceptional circumstances, the Company may share information about you with a third party if the Company believes that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect the Company, or the Company's other customers or the public from harm or illegal activities, or (e) respond to an emergency which the Company believes in good faith requires the Company to disclose information to assist in preventing the death or serious bodily injury of any person.
iv. Safety and Security. The Company will use information about You and Your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies. In this regard, You authorized us to disclose Your personal data with the proper governmental authorities should the Company finds any unlawful activities and/or transactions in Your JuanCash and JuanExchange account.
v. Customer Service. The Company uses Your personal data to resolve technical issues You encounter, to respond to Your requests for assistance, to analyze transaction, and to repair and improve the Services. Furthermore, the Company uses Your personal data to send transactional communications via email or text and within the website, including responding to Your comments, questions and requests, providing customer support, and sending You technical notices, updates, security alerts, and administrative messages.
vi Marketing. The Company uses Your personal data to send You promotional communications that may be of specific interest to You, including by email or text, as well as social media platforms. These communications are aimed at driving engagement and maximizing what You get out of the Services we offer, including information about new features, survey requests, newsletters, and events we think may be of interest to You. The Company also communicates with You about new product offers and promotions. Notwithstanding the foregoing, the Company shall not sell Your personal data with any third-party for profit.
vii. Research and Development. The Company uses collective learnings about how people use our website and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services.
viii. Customer Consent. By accepting this Privacy Policy Statement, You gave Your consent and authorize the Company to share Your personal data with any third-party to process Your transaction and provide You with the Services.
Retention of Customer Data
In Compliance with the AML and its IRR, the Company shall store Your personal data You have shared with the Company for a period of FIVE (5) YEARS from the last transaction.
Contact Us
Should you feel that your Personal Data has been misused, maliciously disclosed, or improperly disposed, or any of your rights herein provided has been violated, you may immediately contact the Company's Data Privacy Officer at 8891-8080 or send an email to dconstantino@zybitech.com.