AGREEMENT

These Terms and Conditions, and the related Forms and web pages they reference, constitute a binding Agreement between You (the “End User”) and COSMIC TECH NOLOGIES INC. (the “Company”).

COMPLIANCE WITH APPLICABLE LAWS

By entering into this Agreement the End User expressly confirms that he/she is legally entitled to enter into this Agreement.

SERVICE DESCRIPTION

The Company shall make every effort to provide a high level of availability for its CHERRY Roam Service (the “Service”). However, the Company is unable to guarantee continuous, fault-free operation of its mobile data Service or certain transmission times or capacities. The Company reserves the right to service its mobile data Service at any time, which may result in temporary disruptions. No representations or guarantees are made in respect of availability, quality, operation or support for data communication on third-party networks. No guarantee may be given for absolute protection of the Company's Service against unauthorized access or interception. The Company shall assume no liability for any such occurrence. In addition, the Company may at any time adapt or interrupt its services. Lastly, the Company may engage at any time a third party to fulfill any of its obligations under this Agreement.

CHARGES

The End User will be charged with the Company’s standard rate for the Services availed of by the End User unless a different rate is agreed upon in writing by the Company and the End User. The Company’s Service operates on a pre-pay basis and the End User will be prompted to pay these rates in advance. A full list of the Company's rates for its standard Services is published at www.cherryroam.com.ph. These rates may be changed from time to time subject to the Company's sole discretion, as such, the End User should check the Company’s website regularly to determine if any changes have been made or announced. If the End User does not have any credit in his/her Account the End User will be unable to initiate a data session.

SUSPENSION OR TERMINATION OF SERVICES

If the End User should need assistance regarding the Company’s Service, please email “support@cherryroam.com.ph”. End Users can also follow any one of the Company’s social network accounts as shown below:

Facebook: CherryRoam

Instagram: Cherryroamph

E-mail: support@cherryroam.com.ph

If the Company reasonably believes that the information supplied to it has been given without the knowledge of the named End User or it is unauthorized or contains false particulars, the Company may delay, suspend, or terminate its Service. Under these circumstances, the End User will have no claim against the Company.

The End User’s account will appear to be inactive if it has not been used for at least eighty (80) days. The End User may contact the Company to reactivate his/her account if the End User needs to use it again.

REFUND POLICY

The End User may apply for a refund under the following circumstances: If the End User has encountered operational issues with Service hardware while traveling. The Service hardware must be returned to the Company. Details of the operational issues must be advised in writing, including examples of the issues encountered. The Company will use its discretion to identify the problem. If the problem relates to the Service hardware and its performance, a full refund for the Service hardware and credit purchased will be awarded. Please note that the quality and coverage of roaming networks vary by country. No representations or guarantees are made in respect of availability, quality, operation, or support for data communication on third-party networks or with third-party lines while roaming. If the problem relates to any other issue not related to the actual Service hardware performance, a refund will be given for the unused credit portion only. Every attempt will be made to identify the problem to give the End User the option of using the Service hardware on his/her next trip. To apply for a refund of the Service hardware and/or credit, the End User shall follow the following steps:

1. Send a detailed letter outlining the reasons for the refund request;

2. Enclose the Service hardware and send a letter to the below address: 901 Apacible St. corner Leon Guinto St., Ermita, Manila;

3. Allow ten (10) working days for refund to be processed;

4. The Company will reply to the request with an outcome by email; and

5. If a refund has been approved, the amount will be credited back to the credit card or PayPal which was originally used for purchase for pre-pay.

RETURNING FAULTY PRODUCTS

All devices are sold on a non-return basis and may only be returned for credit if found to be faulty within thirty (30) days from dispatch by the Company provided that the following conditions are fully met:

- All devices must be fully boxed and in AS NEW condition.

- ALL returns must be returned complete: Device, Box, and Manual.

(The Company reserves the right to reject returns for credit if returned goods are found not to meet these requirements, all goods will be returned to the End User at his/her own cost and NO Credit will be issued.)

- All devices returned need to be classified with a reason for return.

- IMEI match: IMEI on Device and Box must match.

( The Company also reserves the right to reject returns for credit of any devices where the IMEI does not match the box and device or the device is damaged or is in poor condition.)

- End User must ensure that all items are securely packaged.

Credit will only be issued upon completion of the above process and once the product has been returned to the Company.

The Company reserves the right to reject any No Fault Found (NFF) devices and the same shall be returned to the End User at his/her expense. NFF are units that when tested the reported fault or any fault could not be reproduced.

Please note that all returns will be sent to the Company’s quality department for testing.

Please note if returning goods, the Company requires the original invoice or the End User’s full name and address. Without this information, the Company will be unable to identify a returned package as belonging to the concerned End User and will not be able to process the return/refund.

When re-packaging the goods, the End User needs to ensure that he/she has included the complete set of product items (including accessories, instruction manual, and/or additional items that the Company originally sent to, including any free gift).

Please retain proof of posting. The goods remain under the End User’s responsibility until they are received by the Company.

ASSIGNMENT OF RIGHTS

End User may not assign the rights under this Agreement unless expressly agreed upon by the Company. The Company may assign its rights under this Agreement to any duly recognized affiliate of the Company or to any third-party entity duly contracted by the Company to assume its rights and obligations under this Agreement.

OWNERSHIP

The CHERRYRoam brand and its logo are duly registered trademarks of the Company in the Philippines.

PRIVACY

It's important for the Company to help its End Users retain their privacy when they take advantage of all the Internet has to offer. The Company believes the End User’s business is no one else's. As such, the End User’s privacy is important to the Company and it shall protect the information shared by the End User with it. To protect the End User’s privacy, the Company follows different principles by worldwide practices for customer privacy and data protection.

The Company won’t sell or give away the End User’s name, mail address, phone number, email address, or any other information to anyone.

The Company shall use state-of-the-art security measures to protect the End User’s information from unauthorized users.

NOTICE

The Company will ask the End User when it needs information that personally identifies the End User (personal information) or allows the Company to contact the latter. Generally, this information is requested when the End User creates a Registration ID on the site or when the End User downloads software, enters a contest, or order email newsletters. The Company uses the Personal Information for the following purposes:

To make the site easier for the End User to use by not having to enter information more than once.

To help the End User quickly find software, services, or information.

To alert the End User of product upgrades, special offers, updated information, and other new services from the Company.

CONSENT

If the End User chooses not to register or provide personal information, the End User cannot avail of the Services being offered by the Company.

ACCESS

The Company shall provide the End User with the means to ensure that the latter’s personal information is correct and current. The End User may review and update this information at any time at the Customer Centre where the End User may view and edit personal information previously provided to the Company.

Upon registration, the End User won't need to do it again. Wherever the End User goes on www.cherryroam.com, the registered information stays with the End User.

SECURITY

The Company has taken strong measures to protect the security of the End User’s personal information and to ensure that the choices for its intended use are honored. The Company takes strong precautions to protect the End User’s data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. The Company guarantees that the End User’s e-commerce transactions are 100% safe and secure. When the End User places an order or accesses his/her personal account information, the End User is utilizing a secure server software SSL, which encrypts his/her personal information before it's sent over the Internet. SSL is one of the safest encryption technologies available.

The Company strictly protects the security of the End User’s personal information and honors the latter’s choices for its intended use. The Company carefully protects the End User’s data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. The End User’s personal information is never shared outside the Company without the End User’s permission, except under the conditions explained above. Inside the Company, data is stored in password-controlled servers with limited access. The End User’s information may be stored and processed in the Philippines or any other country where the Company, its subsidiaries, affiliates, or agents are located.

The End User also has a significant role in protecting his/her information. No one can see or edit the End User’s personal information without knowing the latter’s username and password, so the End User must not share the same with others.

ENFORCEMENT

If for some reason the End User believes that the Company has not adhered to these principles, please notify us by email at support@CHERRYroam.com.ph, and the Company will do its best to determine and correct the problem promptly. Be certain the words Privacy Policy are in the Subject line.

ELECTRONIC PRODUCT REGISTRATION

When the End User buys and installs a new product, the Company may ask the End user to register his/her purchase electronically. When the End User does, the Company will merge his/her registration information with any information the End User has already left with the Company (End User profile). If the End User did not previously register with the Company, the Company shall create a personal profile for the End User from his/her product registration information. If the End User wants to review or update his/her profile information, he/she can visit the Profile Centre, click on Update Profile, and edit any of the Personal Information in his/her profile. If the End User has not already created a Registration ID, the Company will ask him/her to do so. This ensures that only the End User can access his/her information.

CUSTOMER PROFILES

As mentioned above, every registered End User has a unique personal profile. Each profile is assigned a unique personal identification number, which helps the Company ensure that only the registered End User can access his/her profile.

WHAT THE COMPANY DOES WITH THE INFORMATION SHARED BY THE END USER

The Company uses the information given by the End User to send updates about the latter’s order, questionnaires to measure the latter’s satisfaction with the Company’s service and announcements about new and exciting services being offered by the Company. When the End User avails of Company’s Service, the Company asks for the End User’s billing address, passport number, or ID. The Company uses this information only to bill the End User for the product(s) that the latter has ordered for that particular transaction. For the End User’s convenience, the Company saves the End User’s billing information in case the latter wants to order again.

The Company occasionally shall ask third party entities to provide limited services on its behalf, including packaging, mailing, and delivering purchases, answering customer questions about products or services, sending postal mail, and processing event registration. The Company will only provide the said third party entities with the information they need to deliver the service, and they are prohibited from using that information for any other purpose.

The Company shall disclose the End User’s personal information, without notice, only if required by law or whenever necessary to conform with the mandate of the law or comply with any legal process served upon the Company.

COMPLAINTS

For any complaints about the Company’s Service, the End User may address them via email to support@cherryroam.com.ph.

NO WARRANTY

While the Company endeavors to provide the service with minimum disruptions, it cannot guarantee a fault-free Service and the End User agrees to accept the Service on an “as is” basis. The Company reserves the right to suspend its Service for technical, operational, or other reasons. In addition, the Company reserves the right to withdraw its Service and any additional services at its sole discretion.

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND ITS USE OF THE SERVICE IS AT THE END USER’S OWN RISK. THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; TITLE OR NON-INFRINGEMENT; OR ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

The Company also reserves the right to make changes to these terms and conditions of this Agreement. The End User should check the Company’s website regularly to see if any changes have been made or announced. The Company shall endeavor to provide at least thirty (30) days advance notice of significant changes, either by posting such notice on its website, or by contacting the End User directly. If the End User does not notify the Company of any objections within thirty (30) days upon notification of the changes made, then the End User shall be deemed to have accepted the changes made to this Agreement.

LIMITATIONS AND EXCLUSIONS OF WARRANTIES AND LIABILITY

1. Exclusions of Certain Damages

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY WHATSOEVER), SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES THAT THE END USER MAY SUFFER FROM OR IN CONNECTION WITH THE LATTER’S USE OF, OR INABILITY TO USE, OF THE COMPNAY’S NETWORK OR EQUIPMENT, OR THE SERVICE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OR THEFT OF DATA; TRANSMISSION DELAYS OR FAILURES; SERVICE INTERRUPTIONS; UNAUTHORIZED ACCESS OR DAMAGE TO RECORDS, SOFTWARE PROGRAMS OR OTHER INFORMATION OR PROPERTY; LOSS OF PROFITS; COST OF COVER; OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN FORMS OF LIABILITY, SOME OR ALL OF THE EXCLUSIONS OUTLINED IN THIS AGREEMENT MAY NOT APPLY. IF ANY OF SUCH EXCLUSIONS ARE NOT ALLOWED UNDER THE LAWS OF A PARTICULAR STATE OR OTHER JURISDICTION FOR ANY REASON, THEN THE COMPANY'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES CONSERNING ITS NETWORK, EQUIPMENT, OR SERVICES SHALL BE LIMITED TO THE NUMBER OF MONTHLY SERVICE CHARGES PAID BY CUSTOMER TO THE COMPANY HEREUNDER FOR THE TWELVE (12) MONTH PERIOD BEFORE THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY.

Disclaimer of Third-Party Actions and Control

THE COMPANY DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES' NETWORKS TO WHICH IT MUST INTERCONNECT. THEREFORE, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.

ENTIRE AGREEMENT/SEVERABILITY

These Terms and Conditions and additional terms and conditions as explicitly identified on the Company’s website constitute the entire Agreement between it and the End User. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator, or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

FORCE MAJEURE

The Company shall not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

CHANGES IN REGULATION

Both the Company and the End User understand that regulators or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on the Company, it shall be authorized to make the necessary changes to this Agreement that reflect the new regulations and will post such changes on its website and may in addition send email/SMS notices to the End Users. The Company retains the right to pass on to the End User any new regulatory fees or taxes that may be imposed by law or regulation.

GOVERNING LAW

This Agreement is governed by the laws of the Philippines. Should a court of competent jurisdiction find any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

ELECTRONIC DOCUMENTS

Any references in the Agreement to any forms, documents, or instruments shall be deemed to refer to the same in both paper and electronic form.

COMPANY DETAILS

901 Apacible St. corner Leon Guinto St., Ermita, Manila

ADDITIONAL SERVICES, FEATURES AND TERMS

The Company may, from time to time, introduce additional services which the End User needs to sign up for on the web. These services will be covered by these terms and conditions but the End User may have additional terms and conditions to which the latter will need to agree before gaining access.

LANGUAGE

The Company may translate the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

FEES AND TAXES

The End User’s orders may be subject to the customs fees and import duties of the country where the End User is located. These charges are always the End User’s responsibility and are completely beyond the Company’s control.

Privacy Policy

1.Introduction to this Privacy Policy

- At CHERRY, we take your privacy very seriously. We are committed to complying with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, and its Implementing Rules and Regulations.

- In the course of providing you with the services or access to our website, we will be collecting, using, disclosing, storing, and/or processing data, including your personal data.

- This Privacy Policy exists to keep you informed about how we collect, use, disclose, store, and/or process the data we collect and receive during the course of providing the Services or access to the Platform to you, our user. We will only collect, use, disclose, store, and/or process your personal data in accordance with this Privacy Policy.

- It is important that you read this Privacy Policy together with any other applicable notices we may provide on specific occasions when we are collecting, using, disclosing, and/or processing personal data about you, so that you are fully aware of how and why we are using your personal data.

- BY CLICKING OR CHECKING “SIGN UP”, “I AGREE TO CHERRY’S PRIVACY POLICY”, “I AGREE AND CONSENT TO THE COLLECTION, USE, DISCLOSURE, STORAGE, AND/OR PROCESSING OF MY PERSONAL DATA FOR THE PURPOSE STATED IN, AND UNDER THE TERMS OF, CHERRY’S PRIVACY POLICY” OR SIMILAR STATEMENTS AVAILABLE ON THE CHERRY REGISTRATION PAGE, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF AND UNDERSTOOD THE TERMS OF THIS PRIVACY POLICY AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DISCLOSURE, AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OUR WEBSITE.

- We may update this Privacy Policy from time to time. Any changes we make to this Privacy Policy in the future will be posted on this page and notified to you, whereupon your consent to said changes, continued use of the services or access to our website, including placing orders on our website, shall constitute your acknowledgment and acceptance of the changes we make to this Privacy Policy. Please check back frequently to see any updates or changes to this Privacy Policy.

- This Privacy Policy applies in conjunction with other notices, contractual clauses, and consent clauses that apply in relation to the collection, storage, use, disclosure, and/or processing of your personal data by us and is not intended to override them unless we expressly state otherwise.

2.The Personal Data We Collect From You

- Personal Data means 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, indirectly, and certainly identify an individual.

- During the course of your use of our website, we may collect Personal Data from you, which includes but is not limited to:

(a) identity data, such as your name, gender, profile picture, and date of birth;

(b) contact data, such as billing address, delivery address, email address, and phone numbers;

(c) account data, such as bank account and payment details;

(d) transaction data, such as details about orders and payments to and from you, and other details of products and services that you have purchased or obtained through our website;

(e) technical data, such as Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, international mobile equipment identity, device identifier, and other information and technology on the devices you use to access our website;

(f) profile data, such as your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses, and other information you may provide when entering contests or giveaways;

(g) marketing and communications data, such as your preferences in receiving marketing from us and/or third parties and your communication preferences.

- During the course of your use of our website and the provision of the services, we may receive Personal Data from you in the following situations:

(a) When you create an account with us;

(b) When you apply for any of the services or purchase any products available on our website;

(c) When you use any of the features or functions available on our website or services;

(d) When you like posts;

(e) When you subscribe to our publications or marketing collaterals;

(f) When you enter a competition, promotion, or survey or send feedback;

(g) When you participate in any activity or campaign on our website;

(h) When you interact with us offline, including when you interact with our outsourced customer service agents.

- During the course of your use of our website and the provision of the services, you expressly consent to the transfer of your Personal Data from third parties to CHERRY for the purposes set out in this Privacy Policy or any other terms.

- You must only submit Personal Data which is accurate and not misleading and you must keep it up to date and inform us of any changes to the Personal Data you have provided to us. We shall have the right to request for documentation to verify the Personal Data provided by you as part of our user verification processes.

- We will only be able to collect your Personal Data if you voluntarily submit the Personal Data to us or as otherwise provided for under this Privacy Policy. Unfortunately, if you choose not to submit your Personal Data to us or subsequently withdraw your consent to our use of your Personal Data, we may not be able to provide you with the services or access to our website.

- You may access and update your personal information submitted to us at any time as described below.

- If you provide Personal Data of any third party to us, you represent and warrant that you have obtained the necessary consent, license, and permissions from that third party to share and transfer his/her Personal Data to us, and for us to collect, store, use, and disclose that data in accordance with this Privacy Policy.

3.Use and Disclosure of Personal Data

- The Personal Data we collect from you or via third parties may be used by us, or shared with or transferred to third parties (including related companies, third-party service providers, and their service providers and related companies, companies located both inside and outside your home country, third-party sellers, and other users), for certain purposes, which include but are not limited to the following:

(a) To facilitate your use of the Services or access to the Platform;

(b) To respond to your queries, feedback, claims, disputes, troubleshoot problems, or product and customer service requests, whether directly or through outsourced customer service agents;

(c) To process orders you submit through our website;

(d) To deliver the products you have purchased through our website. We may pass your personal information on to a third party in order to make delivery of the product to you;

(e) To update you on the delivery of the products and for customer support purposes;

(f) To compare information and verify with third parties in order to ensure that the information is accurate;

(g) To improve the efficiency and operation of our website and/or services;

(h) To ascertain your identity for fraud detection purposes and prevent fraudulent transactions, monitor against theft, and protect against criminal activity;

(i) To generate a personal profile about you;

(j) To verify and carry out financial transactions in relation to payments you make online;

(k) To notify you of updates to the Platform;

(l) To send you newsletters and/or marketing or promotional materials about third-party sellers’ products and services from time to time and to offer new products, services, mobile applications, and/or recommendations to you; and

(m) To request feedback and contact you about your use of our website.

We may also conduct automated decision-making processes in accordance with any of these purposes.

- You may unsubscribe from receiving marketing information at any time by using the unsubscribe function within the electronic marketing material. We may use your contact information to send newsletters from us and from our related companies.

- We may share your information with our affiliates, which include our parent company and any subsidiaries, joint venture partners, or other companies controlled by us or under common control with us.

- If we reorganize or sell all or any portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. In the event that we cease business operations or enter bankruptcy, your information shall become an asset to be transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor the commitments made in this Privacy Policy.

We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence,emails, or other communications from third parties, you are responsible for contacting the third party directly.

- In exceptional circumstances, we may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, to investigate or remedy potential or actual violations of our policies, to protect the rights, property, and safety of others, or for law enforcement purposes, or for fulfillment of legal and regulatory requirements and requests.

- We may share and/or permit the sharing of your Personal Data with third parties and our affiliates for any of the abovementioned purposes, including but not limited to facilitating your use of the Services, completing a transaction with you, managing your account and our relationship with you, fraud protection and credit risk reduction, marketing, and fulfilling any legal or regulatory requirements and requests as deemed necessary by us. In sharing your Personal Data with them, we endeavor to ensure that the third parties and our affiliates keep your Personal Data secure from unauthorized access, collection, use, disclosure, processing, or similar risks and that your Personal Data be retained only for as long as needed in order to achieve the abovementioned purposes.

- If you are located in the Philippines, we may transfer or permit the transfer of your Personal Data outside of the Philippines for any of the purposes set out in this Privacy Policy.

4.Rights of User

- As a user you have the right to:

(a) withdraw your consent to the continued use, disclosure, and/or processing of your Personal Data;

(b) request erasure or blocking of your Personal Data;

(c) request correction of inaccurate or erroneous Personal Data, unless such request is vexatious or unreasonable;

(d) request for reasonable access to your Personal Data; and

(e) request indemnification for damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of Personal Data.

- If you wish to withdraw your consent, or request for erasure or blocking of your Personal Data at any time, you may do so by contacting us at support@CHERRY.com.ph.

- Please note that if you exercise any of your rights set out above, we may not be in a position to continue to provide the services to you or perform on any contract we may have with you, and we will not be liable in the event that we do not continue to provide the Services to or perform our contract with you. Our legal rights and remedies are expressly reserved in such an event.

- If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:

(a) noting your preferences at the time you register your account with the Platform;

(b) logging into your account settings and updating your preferences; or

(c) contacting us at support@cherry.com.ph.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

5.Updating Your Personal Data

- It is important that the Personal Data you provide to us is accurate and complete for you to continue using our website and for us to provide the Services. You are responsible for informing us of changes to your Personal Data, or in the event you believe that the Personal Data we have about you is inaccurate, incomplete, misleading, or out of date.

- We take steps to share the updates to your Personal Data with third parties and our affiliates with whom we may have shared your Personal Data if necessary for the aforementioned purpose.

6.Accessing Your Personal Data

- You may request information about your Personal Data which we have collected, or inquire about the ways in which your Personal Data may have been used, disclosed, stored, or processed by us within the past year. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request.

- We reserve the right to charge a reasonable administrative fee for the retrieval of your Personal Data records. In any case, you shall be informed of the fee before any such request is processed. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within twenty-one (21) business days from the date of your request, we shall inform you in writing. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the applicable data protection laws).

7.Accessing Your Personal Data

- To safeguard your Personal Data from unauthorized access, collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification, or similar risks, we have introduced appropriate administrative, physical, and technical measures such as:

(a) restricting access to Personal Data to individuals who require access;

(b) maintaining technology products and systems to prevent unauthorized computer access; and

(c) using encryption technology when processing your financial details.

- If you believe that your privacy has been breached by CHERRY, please contact us immediately.

- You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

8.Retention of Personal Data

- We shall only retain your Personal Data for as long as either is required of us by law or is relevant for the purposes for which it was collected.

- We shall cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purposes for which the Personal Data was collected and is no longer necessary for any legal or business purpose.

9.Collection of Computer Data

- We or our authorized service providers may use cookies, web beacons, and other similar technologies for storing data to help provide you with a better, faster, safer, and personalized experiences when you access our website.

- When you visit our website through your computer, mobile device, or any other device with Internet connectivity, our company servers will automatically record data that your browser sends whenever you visit a website. This data may include:

(a) your computer or device’s IP address;

(b) browser type;

(c) webpage you were visiting before you came to the Platform;

(d) the pages within the Platform which you visit; and

(e) the time spent on those pages, items and data searched for on the Platform, access times and dates, and other statistics.

- This data is collected for analysis and evaluation in order to help us improve our Platform and the services and products we provide.

- Cookies are small text files (typically made up of letters and numbers) placed in the memory of your browser or device when you visit a website or view a message. They allow us to recognize a particular device or browser and help us to personalize the content to match your preferred interests more quickly, and to make the Services and the Platform more convenient and useful to you.

- You may be able to manage and delete cookies through your browser or device settings. For more information on how to do so, visit the help material of your browser or device.

- Web beacons are small graphic images that may be included on our Service and the Platform. They allow us to count users who have viewed these pages so that we can better understand your preference and interests

- Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted and implemented for us to follow in the future, we shall inform you about that practice in a revised version of this Privacy Policy.

10.CHERRY’s Right to Disclose Personal Data

- You acknowledge and agree that CHERRY has the right to disclose your Personal Data to any legal, regulatory, governmental, tax, law enforcement or other authorities, or the relevant right owners, if CHERRY has reasonable grounds to believe that the disclosure of your Personal Data is necessary for the purpose of meeting any obligations, requirements, or arrangements, whether voluntary or mandatory, as a result of cooperating with an order, investigation, and/or request of any nature made by such parties. To the extent permissible by applicable law, you agree not to take any action and/or waive your rights to take any action against CHERRY for the disclosure of your Personal Data in these circumstances.

11.Third-Party Sites

Our website may contain links to other websites and applications of interest operated by other parties not affiliated with us, such as merchants or payment gateways. We are not responsible for the privacy and security practices and policies of websites, services, or applications operated by any third parties which may be linked to or from our website. You are advised to check on the applicable privacy policies of those websites, services, or applications to determine how those third parties will handle any information they may collect from you.

12.Contact Information

You may reach us via the following email address: support@cherry.com.ph.