PRIVACY POLICY

Effective Date: 14-06-2019

Welcome to www.juul.ph the (“Site”), owned, operated and managed by Better for You Corporation (the “Company” or “BFY”), as the sole local distributor of the products of JUUL Labs Singapore HoldCo Pte. Ltd (“JUUL Labs”) in the Philippines. This Privacy Policy addresses how information is collected, stored, and utilized through the Site. By ticking the box below, you signify that you have read, understood and agreed to our collection, storage, use and disclosure of your Personal Information, as applicable, as described in this Privacy Policy and the Site’s respective Terms of Service.

The Company may change this Privacy Policy but shall notify you regarding these changes prior to its implementation. See the section captioned “Changes to this Privacy Policy” below.

STATEMENT OF POLICY

The information contained in this website has been prepared in accordance and in compliance with the laws of the Republic of the Philippines, and is for the exclusive use of Better For You Corporation Company” or “BFY, its assigns, affiliates, and related companies in the conduct of its business in the Philippines, as the sole distributor of the products of JUUL Labs.

This Statement of Policy sets out the policies of the Company, its assigns, affiliates, and related companies in relation to any and all types of personal information, including sensitive personal information, as defined under Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (hereinafter referred to as the “Data Privacy Act”), which may be provided by individuals, as visitors of the website with domain name www.juul.ph (the “Site”), and as prospective customers of the Company (the “User” or “Users”), for the collection and use of the Company, its assigns, affiliates, and related companies, and from which the identity of the individual may be apparent or can be reasonably and directly ascertained.

The Company values the privacy of its Users. The Company is committed to the protection of any and all personal information which may be provided by its Users or any Site visitor.

PERSONAL INFORMATION COLLECTED AND HANDLED

When a User creates or registers an account in the Company’s Site, uses the Company’s digital channel or software, signs up for the newsletter mailing list regarding JUUL Labs’ products distributed by the Company, or when a User engages the services of the Company, the Company may collect the following personal information (hereinafter referred to as “Personal Information”):

• Full name, permanent and residential address, contact number/s, e-mail address birth date and/or age, employment information, bank account details, financial account information, financial history and details of government-issued identifications (if necessary for verifying that the User is of legal age);
• other information from which the User’s identity may not be apparent or which may not reasonably and directly identify the User, such as, but not limited to, records of the User’s visits and information submitted when using the Site (e.g. User’s domain name, browser type, operating system, IP address);
• information from third parties, in each case with the consent and authority from the User; and
• traffic and usage information generated from the User’s visits and use of the Site (e.g., web pages viewed while visiting the Site, links clicked, length of time spent on the Site, reference website from which the User accessed the Site).

The Personal Information may be collected through the following means: cookies, flash cookies, general log information, User browsing behavior, User searches and transactions, referral information from third-party websites, web beacons, file information and similar technologies.

The Personal Information may be processed in behalf of the Company by personal information processors, in each case mindful of your rights and our obligations under the Data Privacy Act of 2012.

The Personal Information may be disclosed to the following: (a) the Company’s affiliates and subsidiaries, agents, and subcontractors, which are necessary for the conduct of the Company’s business and on a need-to-know basis; (b) JUUL Labs, its assigns, affiliates, and related companies, in relation to the conduct of its business as the supplier of the products marketed and distributed by the Company in the Philippines; (c) third party providers who require the information to facilitate the Company’s marketing and distribution of JUUL Labs’ products in the Philippines; (d) the government, regulatory agencies and other entities as may be required by law or as public interest may warrant, for the purposes identified in the next paragraph.

USE/PURPOSE

The Personal Information shall be collected, used, disclosed, stored and retained for the following purposes:

• to identify Users;
• to contact Users in relation to their registered account/s or requested information;
• to process registration of account/s to ensure that Users are of legal age;
• to operate, maintain, and provide to Users the features and functionality of the Site;
• to send Users service-related e-mails or messages (e.g., account verification, changes or updates on the features of the Site, technical and security notices);
• to maintain internal records;
• to carry out marketing, promotions, and distribution initiatives relating to the Company, its local affiliates and partners, and JUUL Labs’ products and services, whether by electronic means, by email and post, or by telephone, SMS or social media, or by sending newsletters (for example, for the Users to be updated on new products or features and to publicize events, contests, demonstrations, loyalty programmes, and other activities organized by the Company), also by using automated means. Such communications will relate to JUUL Labs’ products distributed by the Company in the Philippines. In addition, the Company will process your data for market research, statistical analyses, or other research to improve its products, and customer satisfaction analysis;
• to analyse User behavior and/or to conduct user profiling in order to better communicate and provide/suggest relevant products and services;
• to advance User’s online experience when visiting the Site, to improve accessibility, content, customer service, and overall User satisfaction with the Site;
• to assist with product development efforts, to respond to mandated legal notices, to inform the User about JUUL Labs’ products or the Company’s services in relation to the products of JUUL Labs, to notify the User about changes to the products and services; and
• to troubleshoot technical difficulties and errors in the User interface.

SHARING OF PERSONAL INFORMATION TO THIRD PARITES

Your Personal Information may be shared with the Company’s affiliates and subsidiaries, agents, and subcontractors (collectively, the “Company’s Group”) in the conduct of its business in the Philippine for processing as may be required in the maintenance and performance of its duties and responsibilities under the Site, in accordance with applicable laws, rules and regulations. The Company’s Group may, as necessary, be engaged by the Company as subcontractors or data processors in each case with respect to the purposes enumerated above.

Your Personal Information may also be shared with JUUL Labs, including its assigns, affiliates, and related companies (the “JUUL Labs Group”), for processing as may be required in the maintenance and performance of the Company’s duties and responsibilities under the Site, in accordance with applicable laws, rules and regulations. JUUL Labs and/or JUUL Labs Group may, as necessary, be engaged by the Company as data processors with respect to the purposes enumerated above.

Your Personal Information may likewise be shared to third parties who are engaged, used, or is otherwise authorized by the Company to provide any support or service with respect to any transaction concluded by the User and the Company through the Site. With your consent, such third parties may send you offers and information about products and servicesdepending on your generated User profile from our internal data analytics.

Your Personal Information may also be shared to other parties in connection with a Company transaction, such as a merger, corporate restructuring, sale of Company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of the Company’s business by another company or third party, or in the event of a bankruptcy or related or similar proceedings.

Your Personal Information may also be shared with third parties as required by law or subpoena or if such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) enforce the Company’s Terms of Service or to protect the security or integrity of the Company’s Site, products and/or services; and/or (c) exercise, investigate, or protect the rights, property, or personal safety of the Company, its Users, or others.

All data processing, subcontracting or data sharing agreements will be in accordance with the requirements under the Data Privacy Act of 2012, or applicable laws and regulations as may be hereafter passed and implemented. To the extent that such processing, subcontracting, or data sharing requires notice or consent, we will provide or request for such notice and/or consent, in each case, prior to any processing or sharing of your Personal Information.

SHARING OF PERSONAL INFORMATION WITH GOVERNMENT AGENCIES

The products advertised on the Site are highly regulated by various governing agencies. It may become necessary to share any collected information with such agencies to comply with laws, a judicial proceeding, court order, or other legal requests.

Collected information may also may also be disclosed when it becomes necessary, in the Company’s reasonable belief, to investigate, prevent, or take action regarding underage use or purchase of JUUL Labs’ products, illegal activities, suspected fraud and/or counterfeit, situations involving potential threats to the safety of any person, violations of our Terms of Service or Privacy Policy, or as evidence in litigation in which the Company is involved.

These third parties warrant that they have the necessary safeguard and security measures in place in order to protect your Personal Infomation and only use it for the purposes provided above and/or in compliance with applicable laws. In this regard, the disclosure or transfer of Personal Information as mentioned in this Privacy Policy shall generally be made upon your consent and, when required by law, in accordance with a data sharing agreement or outsourcing agreement between the Company and such third parties.

THIRD PARTY TRACKING AND ONLINE ADVERTISING

We may share, or we may permit third party online advertising networks and other third party services, to collect, information about your use of our service over time so that they may play or display ads that may be relevant to your interests on our Site. Additionally, the Sites utilizes third party sites to provide content to the Company’s Users/customers such as social media features. These third party sites may set cookies on your browser and/or obtain your IP address. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the Site, and other information. This information is used to display targeted ads on or through our Site or on other websites or apps, including on Facebook. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests. Depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. We do not permit third parties to collect your identifiable information from the Site unless you provide it to them directly.

AGE VERIFICATION

The products that are advertised, promoted, and marketed on the Site are highly regulated and age-restricted. We are required and committed to preventing sales to anyone under the legal purchasing age . We will only send you marketing materials and information that encourage or facilitate a purchase of our products after you have certified that: 1) you are of legal purchasing age for the product you wish to avail; 2) that you wish to be added to our mailing list for the purpose of receiving information you have requested or in relation to services we are providing to you; and 3) that you understand that providing false information may constitute to a violation of the law.

Before you can access the Site and our a product specific newsletter mailing list, we will verify your age through a non-affiliated third party company to perform an age and identity verification check for adherence to this requirement. We utilize these trusted verification services to verify the information that you provide and ensure that you qualify to access and purchase products from the Site, our products, and other services. This process has been developed with the User’s privacy in mind with detailed information neither shared nor accessible.

In some cases, we might not be able to verify your age and/or identity through our non-affiliated third party company’s verification service. If you are unable to verify your age with the requested information, you will be requested to upload a copy of your government-issuedID that our team can manually verify for your date of birth. Photo ID’s are uploaded to our third party partner’s secure database and the Company will simply process the result that they provide – we do not receive a file with your ID to be stored on our servers or database. This data processing will be in accordance with the requirements under the Data Privacy Act of 2012, or applicable laws and regulations as may be hereafter passed and implemented.

RETENTION OF YOUR PERSONAL INFORMATION

The Personal Information will be retained by the Company for the duration of your activities and transactions in connection with the products and services availed of in this Site and/or for such period of time required for legal and regulatory purposes, and will be disposed of in a secure manner that would prevent further processing, unauthorized access or disclosure to any other party or the public or prejudice your interest, provided that the Company may retain copies of your Personal Information in the Company’s archives for the purpose of determining its continuing obligations under this Agreement or pursuant to its bona fide record retention or data back-up policies, access to which shall be restricted on a need-to-know basis, as may be required under applicable laws and regulations.

SECURITY OF YOUR PERSONAL INFORMATION

The Company values the Personal Information collected, used, retained and stored through its Site, and will ensure that it is protected from possible threats, both online and offline. The Company has the necessary technical, organizational and physical measures to ensure that the Personal Information is kept safe and secure, as well as to prevent unauthorized access or disclosure of the collected and stored Personal Information.

ACCESS AND CORRECTION OF PERSONAL INFORMATION

If you wish to exercise your right to access, correct, cancel, transfer and objecton your personal information as described below, or for complaints and other inquiries, please send a registered letter with return receipt to Bryan Jake Detablan, Data Privacy Officer, at 40th Floor Robinsons Equitable Tower, ADB Ave. corner Poveda Road, Ortigas Center, Pasig City, 1605 Metro Manila, Philippines, call +63 25169800 or email Jake.Detablan@bfy.ph.

• to receive details of the source of the data, the purposes and methods of the processing, the logic applied to the processing, or if the latter is carried out with the help of electronic means, of the identity of data controller and data processors, the entities or categories of entity to which the data may be communicated and which may become aware of the data;

• to update, correct, supplement, or delete the data, to block or render anonymous data that have been processed unlawfully, including data whose retention is unnecessary for the purpose for which such data have been collected or subsequently processed; to have a certification that the operations requested have been completed, as also related to their contents, to the entities to which the data were communicated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected; to receive the personal data concerning you and copy or transmit it to another data controller (right to data portability); and

• to object, on legitimate grounds, to the processing of data, despite the data being relevant to the purposes for which they were collected or to object, also partially (e.g. only in relation to certain communication means), to the data being processed in order to send advertising materials or for direct sales, or market research, or commercial information, profiling purposes, or to receive communications by traditional means only.

INFORMATION COLLECTED VIA TECHNOLOGY

As you use the Site, certain information may also be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type, and operating system. We also use Cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on the Site you clicked. This type of information is collected to the Site more useful to you and to tailor your experience with the Site to meet your special interests and needs.

INTERNET PROTOCOL ADDRESS

An “Internet protocol address” or “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. For example, we, or our service providers, may track your IP Address when you access the Site to assist with [e.g. requests or purchases which were not completed or terminated in your last session].

LOG DATA

When a User or visitor visits the Site, the User’s or visitor’s browser may send the Company personal information which the Company collects for statistical and internal record-keeping purposes. The process of collecting this information is called “Log Data”, and may include information such as the computer’s Internet Protocol (IP) address, browser type, browser version, the visited pages of the Website, the time and date of the visit, time spent on the pages, and other statistics.

COOKIES

A cookie is a small file which asks permission to be placed on the visitor’s computer hard drive. Once the visitor agrees, the file is added and the cookie helps analyze web traffic or provides internet usage information. Information/data collected through cookies can be used to analyze and enhance the User’s experience when visiting the Site and to provide customized, personalized content and information, including targeted content and advertising to the User. These cookies do not contain or track sensitive information such as the User’s payment information.

A visitor can instruct his or her browser to refuse all cookies or to indicate when a cookie is being sent. However, if the visitor does not accept cookies, the visitor may not be able to use some portions of the website. A cookie in no way gives the Company access to the visitor’s computer or any information about the visitor, other than the data the visitor chooses to share with the Company.

CONTROL OVER YOUR PERSONAL INFORMATION
Users retain control over their Personal Information, and may amend their personal information registered in the Site database.

The User shall be responsible for maintaining the confidentiality of his or her own account and password, as well as any and all applications submitted, obligations agreed to or entered into and all other activities that occur under the said account. The User agrees to immediately notify the Company of any unauthorized use or disclosure of the User’s account or password, any unauthorized activities under the User’s account or any other breach of security.

The Company will not be liable for any loss that the User may incur as a result of a third party’s use of the User’s account or password, either with or without the User’s knowledge, without fault or negligence on the part of the Company. The User may be held liable for any damage or loss incurred by the Company in connection with or arising from a third party’s use of the User’s account or password, without fault or negligence on the part of the Company.

You can stop receiving email communications from the Company by clicking on the “Unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not be able to opt out of website or service-related communications (e.g., account verification, transactional communications, changes/updates to features of the service, technical and security notices) unless you decide to withdraw your consent to the processing of your personal data. If you exercise your right to withdraw your consent to processing, the Company may not be in a position to continue to provide services to you.

MINOR’S PRIVACY

The Company’s Site, products distributed, and services rendered are not intended for individuals under the legal age of 18. The Company does not knowingly collect or solicit any information from anyone under the age of 18 on this Site. In the event that we learn that we have inadvertently collected personal data from a minor, we will delete that information as quickly as possible. If you believe that we might have any information from a minor, please contact us at Jake.Detablan@bfy.ph. Protecting the privacy of minors and youth is very important to us. Thus, if we obtain actual knowledge that a User is under 18 years old, we will take steps to remove that User’s personal data from our databases. We recommend that anyone under legal age obtain their parent’s permission before submitting information over the internet.

USERS OUTSIDE OF THE PHILIPPINES

Your information collected through this Site may be stored and processed outside the Philippines where JUUL Labs or the JUUL Group maintain facilities. Please note that we may transfer information, including personal data, to a country and jurisdiction that does not have the same data protection laws as the Philippines, and you consent to the transfer of information to the United States of America or any other country in which JUUL Labs or its parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy. That said, we require these third parties to warrant that they have the necessary safeguard and security measures in place in order to protect your personal data and to execute the appropriate data sharing agreement or outsourcing agreement in compliance with the requirements of the Data Privacy Act of 2012.

THIRD PARTY WEBSITES

Our Service may contain links to websites operated by third parties. This Privacy Policy does not apply to these third party website or services. If you follow a link to any of these websites, please note that these websites have their own privacy policies and terms & conditions and that we do not accept any responsibility or liability for their policies. Links should be clicked at your own risk, and it is your sole responsibility to review the applicable privacy policy and terms and conditions of any third party website accessed.

SECURITY

We take the security of your information extremely seriously and employ organizational, physical, administrative, and technological safeguards required under the relevant data privacy laws and designed to preserve the integrity and security of all information collected through our website. Our Site supports the industry standard Secure Socket Layer (SSL) encryption which is applied to all data transmitted so it cannot be read by others. In addition, if you are using a shared computer to access the Website, we recommend that you log out of your account before ending your browser session. This will also ensure that your account will not be used by anyone other than yourself. Unfortunately, the transmission of information online is not completely secure. Although we do our best to protect all information collected through the Service, we cannot guarantee the security of your information collected and/or transmitted through the Services. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

SMS SHORT CODE AND PARTNER TECHNOLOGY PRIVACY POLICY

We collect information in the form of the content that you submit during your use of the Site, such as photos, comments, ratings and other information you choose to submit. We may also collect information about you and your friends, from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user ID or profile information that you have permitted to be displayed through the Site in order to display you as a friend or in association with your profile and collections. If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your email address and all related information. Additionally, we collect any information that you voluntarily enter, including personal data, into any postings, comments, or forums within the the Company and/or the JUUL Labs’ community. For each of these personal data collections, we will ask for your consent and provide you with clarity before making any such collections. Additionally, you will have the option to opt out of any of these collections at any time and we will stop collecting such data from you.

PERSONAL DATA FROM OTHER SOURCES

We may receive Personal Information about you from other sources with which you have registered, companies who we have partnered with (collectively, “Partners”) or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-MAIL AND E-MAIL ADDRESSES

If you send an e-mail to us, or fill out our “Feedback” form through the Site, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and email address when you send an email notification to a friend through the Site or the social network from which you have connected to the Site (such as in an invitation, or when sharing your content). Additionally, we use your e-mail address to contact you on behalf of your friends (such as when someone sends you a personal message) or notifications from a social network or other website with whom you have registered to receive such notifications. We may use this e-mail address to contact you, for things such as notifications or communications you have requested for and other related information. You may indicate your preference to stop receiving communications as further detailed below.

You understand that when you use the Site, certain information you post or provide through the Websites, such as your name, profile, comments, posts and ratings, may be shared with other users and posted on publicly available portions of the Site, including without limitation, chatrooms, bulletin and message boards, along with other public forums. Please keep in mind that if you choose to disclose Personal Data when posting comments or other information or content through the Site, this information may become publicly available and may be collected and used by others, including people outside the JUUL Labs community. We will not have any obligations with respect to any information that you post to parts of the Site available to others, and recommend that you use caution when giving out personal data to others in public forums online or otherwise.

CHANGES ON OUR PRIVACY POLICY

This Privacy Policy is in effect as of 14 June 2019, and shall continue to remain in effect unless otherwise amended.

The Company reserves the right to amend this Privacy Policy from time to time, upon due notification to its Users or visitors.

If significant changes to this Privacy Policy will affect certain Personal Information, the Company shall notify its Users through the email address provided or by posting a public notice on the Website.

CONTACT US

For any questions, concerns or clarifications about the Company’s Privacy Policy, please contact:

Bryan Jake Detablan
Data Privacy Officer
40th Floor Robinsons Equitable Tower, ADB Ave. corner Poveda Road, Ortigas Center, Pasig City, 1605 Metro Manila, Philippines
Phone: +63 25169800
E-mail: Jake.Detablan@bfy.ph