Privacy Policy

1. Introduction

Welcome to Booky. This policy explains how we handle and use your personal information in connection with your use of our digital ordering platform (“Website”) and your rights in relation to it. Scrambled Eggs Pte Ltd and its associated entities (together, “Booky”, “we”, “us”) is a company organized and existing under the laws of the Republic of the Philippines, with principal place of business at Unit D1 2/F 603 Rey-D Building, San Rafael Street corner Boni Avenue, Barangay Plainview, Mandaluyong City 1550.

Your privacy is important to us and we are committed to protecting your personal data and taking all reasonable steps to protect your information from misuse and to keep it secure in compliance with the Republic Act No. 10173 or "Data Privacy Act of 2012".

This policy applies to our digital ordering website (https://booky.ph/) and the services you can access through them.

Please read this policy carefully. This policy explains why and how we will use the personal information that we have obtained from you, with whom we will share it and the rights you have in connection with the information we use, or that you may provide when you:

• visit, access or use our Website or online applications that run on smartphones, tablets and other devices which provide dedicated non-browser-based interaction between you and our Website ("apps");
• communicate with us electronically and through other means be it written or verbal;
• view or click on our ads or other online content;
• interact with us through social media Website and other Website and apps

Scrambled Eggs Pte Ltd is the controller in relation to the processing activities described below. This means that we decide why and how your personal information is processed in connection with those activities listed. This policy is limited to information collected by Booky through its services in the apps, email, and other electronic communication that may be in written or verbal form. This policy does not cover information that you may directly provide to our merchant partners anytime.

Please see the section at the end of this policy for our contact and legal information.

2. Information We Collect About You

We receive personal information about you that you give to us (e.g. contact details and correspondence), that we collect from your use of the Website (e.g. device and website activity data) and that we obtain from other sources. We only collect personal information that we need and that is relevant for the purposes for which we intend to use it.

Personal Information You Give Us

This is information about you that you provide us by visiting our Website or other means. This information is provided by you entirely voluntarily. The information you give us can include your full name, contact details (such as mobile number and email address) and any personal information you include when corresponding with us, including your feedback on our website and services.

We may process health information about you in circumstances where you voluntarily provide such information, for example if you report any specific food allergies when placing an order on our customer-ordering platform.

If you do not provide this information to us we may be unable to resolve your queries or otherwise communicate effectively.

Information We Collect About You from Your Use of our Website

Depending on which of our services you use and how you interact with our Website and apps, we collect different kinds of information from or about you, including the below information.

Account Information

Contact Information that allows us to communicate with you. We obtain this information when you order or register for our products or services or our apps. This may include information such as your name, mobile number, email address and other identifiers by which you may be contacted online or offline.

Payment Information related to your financial relationship with us, such as the services and products we provide to you, your payment information, such as credit and debit card information (we do not store credit and debit card information on our system) and your payment history.

Profile Information that you may give us such as your date of birth, gender, general location.

Product/Service Usage Information related to the products and services we provide to you, including:

• Information about your redemption of our offers; and
• How you use your devices to access our Website and apps, including the screens you visit and searches you make

Third Party Partner Information related to how you use our third party partners, such as your reviews of our merchant partners, who you bookmark or where you visit.

Feedbacks or Surveys rating your experience with us and our third party partners.

Your Communications with Us by social media, e-mail, electronic messages and other electronic and non-electronic communications.

Your Networks and Connections made available to us, depending on the permissions you have granted, from your mobile and desktop devices.

Device and Settings Information from or about the computers, phones or other devices where you install or access our products or services, depending on the permissions you have granted us. We may collect your device attributes such as:

• The make and model (mobile phones only);
• The operating system, hardware version, device settings, file and software names and types, and device identifiers;
• Device locations, such as through GPS, Bluetooth or WiFi signals; and
• Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

Information We Collect About You from Other Sources

We may obtain certain information about you that is available publicly. We obtain this either directly from Websites published online or from third party data brokers who have themselves obtained your personal information from publicly available sources. We use this information in each case, only to the extent permitted by data protection law.

3. Use of Your Personal Information

We use your personal information for a variety of reasons. We rely on different legal grounds to process your personal information, depending on the purposes of our use and the risks to your privacy. You will always have the option to choose not to receive marketing communications from us and can opt-out of these at any time.

Data protection law requires us to have valid legal grounds (known as ‘lawful bases’) to process your personal information for each of the different purposes for which we use it. The purposes for which we use your personal information, which we have categorized by the legal grounds on which we rely, is as follows:

3.1 Where You Have Provided Consent

We may use and process your personal information to contact you with marketing communications that you have specifically requested from us on the grounds that you have consented for us to do so.

You may withdraw your consent for us to use your information in any of these ways at any time. Please see your rights over your personal information for further details.

3.2 Where Required to Comply with our Legal Obligations

We will use your personal information to comply with our obligations under the law including to keep a record relating to the rights you exercise in connection with our processing of your personal information.

3.3 Where Processing is Necessary for Us to Pursue a Legitimate Interest

We may use and process your personal information where it is necessary for us to pursue our legitimate interests as a business for the following purposes:

Processing necessary for us to promote our business

1. to contact you by email or by telephone with marketing information about our Website (other than where we have asked you for your consent). We will use your personal information to tailor or personalize the marketing communications you receive to make them relevant to you and also to send targeted marketing messages via social media and other third party platforms, which may involve sharing your personal information with those platforms; and
2. to create a profile of you and analyze this to obtain insight about market or industry trends or user behaviors which inform our marketing strategy, and to enhance and personalize your experience, including the marketing communications you receive from us.

Processing necessary for us to support enquiries from users of our Website

1. to correspond and communicate with you in connection with the Website;
2. to identify ways of improving your experience of the Website; and
3. to train and monitor our staff and to identify ways of improving your customer service experience;

Processing necessary for us to respond to changing market conditions and our customers’ needs

1. for market research, insight and intelligence in order to improve our understanding of our market and industry; and
2. to analyze patterns of use, determine where we should focus our efforts through processing anonymised and aggregated data and to monitor the features of the Website that have been used most frequently.

Processing necessary for us to operate the administrative and technical aspects of our business efficiently and effectively

1. to authenticate your access to the Website;
2. to resolve technical issues and provide the most-up to date version of the Website, with improved features;
3. to administer the Website and for internal operations, including troubleshooting, testing and statistical reporting purposes;
4. for the detection and prevention of fraud and other criminal activities and to apprehend offenders;
5. to verify the accuracy of information we hold about you and create a better understanding of you as a customer;
6. for network and information security purposes in order for us to take steps to protect your information against loss or damage, theft or unauthorized access;
7. to comply with a request from you in connection with the exercise of your rights (for example where you have asked us not to contact you for marketing purposes, we will keep a record of this on a suppression list to be able to comply with your request);
8. for the purposes of a corporate restructure or reorganization or sale of our business or assets;
9. for efficiency, accuracy or other improvements of our databases and systems e.g. by combining systems or consolidating records we hold about you;
10. to enforce or protect our contractual or other legal rights or to bring or defend legal proceedings; and
11. for general administration including managing your queries, complaints, or claims, to send service messages and to provide you with important information about our business.

4. Disclosure of Your Personal Information by Us

We only disclose your personal information outside our business in limited circumstances. If we do, we will put in place a contract that requires recipients to protect your personal information, unless we are legally required to share that information. Any contractors or recipients that work for us will be obliged to follow our instructions. We do not sell your personal information to third parties.

As the controller of your personal information, we decide why and how it is processed. Our responsibility for that processing extends to processing by our service providers if they process your personal information based on our instructions. We also work with other organizations in connection with some of the processing activities described in this statement, such as our group companies, social media platforms and certain suppliers.

Where that personal information is collected and sent to other organizations for a processing purpose that is in both our and their interests or where we make decisions together in relation to that particular processing, we will be “joint controllers” with the organizations involved. This includes, for example, disclosing your personal information to our customers (the “Merchant”) with whom you are placing an order so that you can be supplied with the relevant goods and services. Where this applies, we and the other organization will be jointly responsible to you under data protection law for this processing. If we pass your personal information to an organization that independently decides why and how to use your personal information (such as payment service providers and certain Merchants) then it will be separately responsible to you for that processing and use your personal information in the ways described in its privacy policy (and not ours).

We may disclose your information to our third party service providers for the purposes of providing services to us or directly to you on our behalf, including the operation and maintenance of our Website and social media pages. They can be categorized as follows:

We only disclose to them any personal information that is necessary for them to provide their services and only where we have a contract in place that requires them to keep your information safe and secure.

We may disclose the personal information to other third parties as follows:

1. any third party who is restructuring, selling or acquiring some or all of our business or assets or otherwise in the event of a merger, re-organisation or similar event; and
2. if we are under a duty to disclose or share your information in order to comply with any legal or regulatory obligation or request, including by the police, courts, tribunals or regulators

5. Use of Financial Information

If you use our Website to make purchases or other financial transactions (such as payment of invoices through the website for products you purchase from a Merchant), we may collect information about the purchase or transaction. This includes payment information, such as your credit card or debit card number (stored as a secure token), billing details and other account and contact information (Financial Information).

We will only collect Financial Information from you with your prior knowledge. You can access and browse our Website without disclosing Financial Information.

We use your Financial Information solely to process payments for products or services you request or purchase through the use of our Website. We only use and retain your Financial Information to complete payments you initiate, any Financial Information that is collected is solely for the purpose of transaction approval and the transfer of funds.

We provide data encryption throughout the payment process and only share your Financial Information with your credit card provider, third party payment processor or financial institution to process payments. The Financial Information we collect from you is strictly confidential and held on secured servers in controlled facilities.

We store your Financial Information against your verified phone number after the transaction is complete for your convenience, so you don’t have to type in your credit card each time you use our Website. You can contact us if you wish to remove your user account and/or card details from your database and we will do this immediately.

We may use third party agents to manage online payment processing. These agents are not permitted to store, retain, or use your Financial Information or other personally identifiable information, except for the sole purpose of payment processing on our behalf. Any third party agent used by us is not authorized to use your Financial Information in any way other than to process payments and is required to keep any Financial Information it uses or collects confidential.

6. Security and Links to Third Parties

We take the security of your personal information seriously and use a variety of measures based on good industry practice to keep it secure. Nonetheless, transmissions to and from our Website may not always be completely secure, so please exercise caution.

We employ security measures to protect the information you provide to us, to prevent access by unauthorized persons and unlawful processing, accidental loss, destruction and damage.

If you suspect any misuse or loss of, or unauthorized access to, your personal information, please let us know immediately.

If we suspect any misuse or loss of, or unauthorized access to, your personal information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your personal information. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with data protection law.

If we receive unsolicited personal information that we are not permitted to collect under this privacy policy, or within the confines of the law, we will destroy or de-identify the unsolicited personal information as soon as practicable if it is lawful and reasonable to do so. We will destroy or de-identify your personal information if we no longer require it to deliver our services as soon as practicable if it is lawful and reasonable to do so.

7. Do We Use “Cookies”?

When you use our Website, we may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data) to better understand your user experience. For example, we may collect information like the date, time and duration of visits and which websites are accessed.

When you access our Website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer or mobile device. This enables us to recognise your computer or device and greet you each time you visit our Website, without bothering you with a request to register or log-in. It also helps us keep track of products or services you view, so that we can send you news about those products or services.

We also use cookies to measure traffic patterns, to determine which areas of our Website have been visited, and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online services. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyze trends, administer the Website, track user movements, and gather broad demographic information.

This information is generally not linked to your identity, except where it is accessed via links in our emails to you, or where you have otherwise identified yourself. We may also collect anonymous data (which is not personal information) relating to your activity on our Website (including IP addresses) via cookies. We generally use this information to report statistics, analyze trends, administer our services, diagnose problems and target and improve the quality of our services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the data protection law does not apply and we may use this information for any purpose and by any means whatsoever.

8. The Periods for which We Retain Your Personal Information

We will not hold your personal information in an identifiable format for any longer than is necessary for the purposes for which we collected it. The periods for which we hold your personal information will depend on the type of personal information. These periods also apply where we share your information with suppliers who process your personal information on our behalf.

We retain your personal information for accounting purposes for up to 7 years from the date we no longer require it for the purposes listed above.

The only exceptions to the period mentioned above are where:

1. you exercise your right to have the information erased (where it applies) and we do not need to hold it in connection with any of the reasons permitted or required under the law (see further Your rights over your personal information);
2. we bring or defend a legal claim or other proceedings during the period we retain your personal information, in which case we will retain your personal information until those proceedings have concluded and no further appeals are possible;
3. your account is subject to an investigation of criminal or fraudulent activity; or
4. In limited cases, existing or future law or a court or regulator requires us to keep your personal information for a longer or shorter period.

We also retain an anonymised version of the submitted personal information for as long as we require it for reporting and other statistical and analytical purposes. Such anonymised information will not identify you and may be derived from personal information that was contained within accounts that have subsequently been deleted.

9. Your Rights Over Your Personal Information

You have a number of rights in relation to your personal information under data protection law. In relation to certain rights, we may ask you for information to verify your identity and, where applicable, to help us to search for your personal information. Except in rare cases, we will respond to you within one month after we have received this information or, where no such information is required, after we have received full details of your request.

You have the following rights, some of which may only apply in certain circumstances:

1. to be informed about the processing of your personal information (this is what this Privacy Policy sets out to do);
2. to have your personal information corrected if it is inaccurate and to have incomplete personal information completed;

The accuracy of your information is important to us and we are working on ways to make it easier for you to review and correct the information that we hold about you. In the meantime, if you change your name or email address, or you discover that any of the other information we hold is inaccurate or out of date, please let us know by emailing or writing to us at the address at the end of this policy.

• To Object to Processing of Your Personal Information

  Where we rely on our legitimate interests as the legal basis for processing your personal information for particular purposes, you may object to us using your personal information for these purposes by emailing or writing to us at the address at the end of this policy. Except for the purposes for which we are sure we can continue to process your personal information, we will temporarily stop processing your personal information in line with your objection until we have investigated the matter. If we agree that your objection is justified in accordance with your rights under data protection law, we will permanently stop using your data for those purposes. Otherwise we will provide you with our justification as to why we need to continue using your data.

  You may object to us using your personal information for direct marketing purposes and we will automatically comply with your request. If you would like to do so, please click on the unsubscribe message on our emails.

• To Withdraw Your Consent to Processing Your Personal Information

  Where we rely on your consent as the legal basis for processing your personal information, you may withdraw your consent at any time by contacting us, using the details at the end of this policy. If you would like to withdraw your consent to receiving any direct marketing to which you previously opted-in, you can also do so using our unsubscribe tool. If you withdraw your consent, our use of your personal information before you withdraw is still lawful.

• To Restrict Processing of Your Personal Information

  You may ask us to restrict the processing of your personal information in the following situations:

  where you believe it is unlawful for us to do so, you have objected to its use and our investigation is pending or you require us to keep it in connection with legal proceedings.

  In these situations, we may only process your personal information whilst its processing is restricted if we have your consent or are legally permitted to do so, for example for storage purposes, to protect the rights of another individual or company or in connection with legal proceedings.

• To Have Your Personal Information Erased

  In certain circumstances, you may ask for your personal information to be removed from our systems by emailing or writing to us at the address at the end of this policy. Unless there is a reason that the law allows us to use your personal information for longer, we will make reasonable efforts to comply with your request.

• To Request Access to Your Personal Information and Information About How We Process It

  You have the right to ask for a copy of the information that we hold about you by emailing or writing to us at the address at the end of this policy. We may not provide you with a copy of your personal information, if this concerns other individuals or we have another lawful reason to withhold that information.

• To Electronically Move, Copy or Transfer Your Personal Information in a Standard Form (Data Portability)

  Where we rely on your consent as the legal basis for processing your personal information, you may ask us to provide you with a copy of that information in a structured data file. We will provide this to you electronically in a structured, commonly used and machine readable form, such as a CSV file.

  You can ask us to send your personal information directly to another service provider, and we will do so if this is technically possible. We may not provide you with a copy of your personal information if this concerns other individuals or we have another lawful reason to withhold that information.

• Rights Relating to Automated Decision Making, including Profiling

  We do not envisage that any significant decisions will be taken about you using purely automated means, however we will update this policy if this position changes. To exercise these rights, please let us know by emailing or writing to us at the address at the end of this policy.

  You have the right to request that an independent person (usually the Data Privacy Officer) investigate where your personal information has or is being used in a way that you believe does not comply with data protection law. However, we encourage you to contact us before making any complaint and we will seek to resolve any issues or concerns you may have.

10. Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to our privacy policy, we will post the updated privacy policy on this page.

The effective date of the privacy policy is the "Last Modified" date identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this privacy policy to check for any changes.

11. Contact and Legal Information

You can contact us with your queries in relation to this policy or for any other reason at any time.

To contact us for any reason, including to exercise any of your rights in relation to your personal information, please email our Data Privacy Officer at dataprivacy@phonebooky.com or may contact us at (+63) 927 425 3496.