MAXIMUM 88 PRIVACY POLICY

Updated: 01 July 2024

MAXIMUM 88 CORPORATION (“M88”) respects your right to privacy under the Philippine Constitution. As such, and in full compliance with Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, we are entirely and sincerely committed to preserving and protecting your Personal Information collected.

This Privacy Policy explains how we collect, store, process, and protect your personal information and the way we might use your information. You must be of legal age to use the website service. If you are still a minor, you must have your parent or legal guardian’s permission to use the service.

By visiting our website, using any of our website services including our e-commerce platform (“ordering platform”), viewing or reading any of our posts, posting suggestions or comments to any of our posts, subscribing to any of our updates or letters, or voluntarily providing personal information to us through our e-commerce platform or upon registering an account with us as our distributor, you have deemed to give your consent to us, in collecting, storing and processing your Personal Information or data as outlined in our Privacy Policy.

If you do not agree to any of the provisions of this Policy, your sole and exclusive remedy is to discontinue your use of the M88 website.

I. WHAT WE COLLECT

Upon using this website or any of M88’s services, we collect your personal and sensitive personal information. Personal information refers to any information from which an individual’s identity is apparent or, when put together with other information, would directly and certainly identify an individual. Meanwhile, sensitive personal information refers to any attribute that can classify an individual from other people, such as race, ethnicity, age, health, or government-issued identification numbers.

1.1 Personal information you provide us

When you register or sign up as a distributor, we collect the following personal information you provide to us, such as:

• Your name;
• Your birth date;
• Your address;
• Your contact number;
• Your email address;
• Your username and password that you will be required to create; and
• The name of your sponsor and upline

You do not need to sign up or register as a member when you purchase any of M88’s products using our e-commerce platform. When you use our e-commerce platform to purchase M88’s products and services, we collect the following personal information and sensitive personal information such as:

• Purchaser or Receiver’s name
• Purchaser or Receiver’s address
• Purchaser or Receiver’s contact number
• Purchaser or Receiver’s email address

A Receiver is someone who will receive the products or services and who may be different from the Purchaser. When it comes to the recipient’s information, you confirm that you have the authorization or permission to provide us with the recipient’s personal information that you have. You also agree to take full responsibility for ensuring that the recipient understands, agrees to, and accepts this Privacy Notice and for safeguarding the privacy of the recipient’s personal information in your possession. We will not be held responsible for any privacy issues that arise from your sharing of the recipient’s information with us.

1.2 Personal Information we are required to collect

We collect personal and sensitive personal information as may be required under the laws or in compliance with our legal obligations. As a member of M88, we must collect your Tax Identification Number for withholding taxes, if applicable. When you use our e-commerce platform, we may be required to collect information from any government-issued identification for discounts, such as senior citizens or persons with disabilities.

1.3 Personal Information collected automatically

When you use our website services, we automatically collect and store information about your computer or mobile device and your activities. This information includes:

• Your computer’s IP address and mobile device identifiers
• Technical information about your computer or mobile device
• Your preferences and settings (time zone, language, etc.)
• The Uniform Resource Locator (URL) of the last web page you visited before coming to one of our sites and the URL you visit after leaving
• How long have you used the Services, which features have you used; and
• Other information automatically being sent by your web browser.

II. HOW AND WHY WE COLLECT AND USE

If you sign up as our distributor or a member of M88, create an account on us using our website, or use our e-commerce platform, we collect your personal and sensitive personal information for the following purposes:

1. To verify your qualifications if you will register your account as a distributor;
2. To process your orders or applications submitted using your account;
3. To process your orders or applications submitted without using an account;
4. To deliver all purchased products and services using the M88 website;
5. To provide customer care by responding to your queries, requests and other concerns;
6. To develop or create new products and services based on your comments, suggestions and personal interests;
7. To make special offers, keep you informed of our promotions, discounts, and events;
8. To provide you with a user-friendly website;
9. To perform our obligations as set out in our written agreement; and
10. To protect our legal interests, comply with our legal obligations, Other administrative matters and security purposes.

If you are just browsing any of our marketing websites, we do not collect any personal information from you.  However, we may collect cookies as referred to in IV. The Cookie Policy.

III. WITH WHOM WE SHARE

M88 will solely use your personal information to fulfill the purposes mentioned above. However, we may also share your personal information based on the following:

1. We may share your personal information with our regional hubs nearest your location to fulfil your delivery request.
2. We may share your personal information with our third-party payment gateway service provider to fulfill your order requests. However, the third-party service provider may also collect other personal information from you, which this Privacy Notice does not govern. We do not accept any responsibility or liability for the security or privacy of any personal information collected by our third-party service provider. We recommend you exercise caution and review their privacy notices.
3. We may also share your personal information with other service providers. These companies provide services on our behalf, including delivery services, payment processing services, web hosting services, web analytics services, customer support services, and marketing communications and research services. These companies are also required to treat the information according to confidentiality requirements. Our service providers are not authorized to use or disclose your personal information for any reason other than for the purposes they were engaged in. Please remember that we shall not disclose delicate and sensitive information, such as your bank account details, to others without your express consent.
4. We may also disclose your information with law enforcement, government agencies, and courts, when we believe in good faith that such disclosure is appropriate to investigate, prevent, or take action regarding possible illegal activities, potential threats to the physical safety of any person, violations of this Privacy Policy and/or to protect the rights and property of M88, our employees, other users and the public in general.
5. We may share or transfer your information in connection with, or during negotiations of, any merger, sales of company assets, financing, or acquisition of all or a portion of our business to another company. We shall inform you if any of these business transactions occur, and we will make reasonable efforts to ensure that the transferee handles your personal information per this Privacy Policy.

IV. COOKIE POLICY

M88 also uses cookies, web beacons, and similar technologies to collect and store the information we automatically collect about your computer, device, and service usage.

“Cookies” are small data files that our server sends to your web browser once you interact with a website’s contents. These files help us understand your preferences or interests. On the other hand, a web beacon is an often-transparent graphic image placed on a website to track the user’s activity while browsing the website.

You may change your browser settings to disable cookies from being stored on your computer. Please note that blocking cookies may interfere with certain website functionality.

By continuing to use this Maximum88 website www.”maximum88″.com (the “Site”) and other Maximum 88 online services, such as our e-commerce web application and other financial services mobile applications, you agree that we can store and place cookies on your computer and mobile devices to improve your online experience.

V. YOUR RIGHTS AS A DATA SUBJECT

5.1.       Under the Data Privacy Act of 2012, you have the following rights:

1. Right to be informed– you have the right to be informed that your personal information will be, are being, or were, collected and processed by M88.
2. Right to access– upon written request, you may demand reasonable access to your Personal information collected, the manner of processing, sources where they were obtained, recipients, and the reason for disclosure.
3. Right to object– upon demand, you may suspend, withdraw, and remove the personal information we have collected and processed. You also have the right to opt out of our marketing advertisements or communications.
4. Right to data erasure– you have the right to suspend, withdraw or order the blocking, removal or destruction of your personal information collected or processed without your consent or you deem as unlawful or if any of your rights have been violated.
5. Right to Rectify – upon written request, you have the right to dispute and correct any inaccuracy or error in any personal information collected or processed.
6. Right to data portability—You have the right to obtain any of your personal information from M88 electronically or in any other secure manner that is commonly used and allows the use of such collected information by a third party.
7. Right to be indemnified for damages– you may claim compensation if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.
8. Right to file a complaint– you may file your complaint or any concerns with our Data Protection Officer and the National Privacy Commission.

5.2.      Marketing Communications Opting Out and Exercising Your Data Privacy Rights

You can stop receiving our marketing communications and announcements by following the instructions in our emails or by contacting us directly. We shall process your request within 48 hours.

If you choose to exercise any of your rights listed above, we will process and decide on your request within two to three weeks of receiving your written request.

VI. SECURITY, STORAGE, AND RETENTION

6.1.       Security

The information you provide us is transmitted using Secure Socket Layer (SSL) encryption technology to our secured database server. Rest assured that we are implementing various security measures to protect your information against unauthorized access, destruction, or alteration. These safeguards vary based on the sensitivity of the information that we collect, process, and store and the current state of technology.

However, there is no impenetrable security system, and we cannot guarantee the security of our systems at all times. Suppose any information under our control is compromised as a result of a breach of data security. In that case, we will take reasonable steps to remedy it immediately or mitigate any damages to any of our users/distributors. We will promptly investigate the situation, notify those individuals whose information may have been compromised and prevent it from happening again.

6.2.      Storage

All information collected from our users, website visitors, and distributors is stored in a secure database that can only be accessed by authorized persons.

6.3.      Retention

All personal information collected or processed will be retained as long as your account is active or as long as necessary to fulfil the purposes mentioned above. We may also retain your personal information in compliance with any law, rules, or court order.

Suppose your account has been inactive for twelve (12) months. In that case, we will inform you of our plan to permanently delete all your information according to applicable laws, rules, or regulations and our internal guidelines. You must immediately log in to your account to make it active again or directly inform us if you object to such deletion.

6.4.      Data Disposal

After the expiration of the retention period, we dispose of personal data securely to prevent further processing, unauthorized access, or disclosure to others.

We might keep some personal information anonymous. We will store it to analyze aggregate metrics and trends for web user experience and marketing purposes.

VII.     CHANGES TO THIS PRIVACY POLICY

You also hereby acknowledge the right of M88 to change this Policy from time to time as we deem fit and necessary, even without your knowledge and conformity. We will place the date we last updated this Policy at the top of this page. We encourage you to check this Policy regularly. Your continued use of any of our services following the posting of changes to this Privacy Policy will mean you expressly accept those changes. We will notify you of material changes by appropriate means.

VIII.    CONTACT OUR DATA PROTECTION OFFICER

If you have any questions or concerns about this Privacy Notice, or you wish to exercise your data privacy rights, please contact our Data Protection Officer through email at: dataprotection@maximum88.com