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Copyright ©Gava | Terms and Conditions | Privacy Policy
14F Centerpoint Bldg. Julia Vargas Avenue, Ortigas Center, Pasig City, Philippines
(02) 257-6430
These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Gava Technologies Inc. (”TraxionPay,” “we,” “our” or “us”) and govern your use of TraxionPay’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Section 18) and require individual arbitration for any potential legal dispute (see Section 21). You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us. You should read all of our terms carefully.
You agree to TraxionPay’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us.
You must open an account with us (a “TraxionPay Account”) to use the Services. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your TraxionPay Account, including for any actions taken by persons to whom you have granted access to the TraxionPay Account. We reserve the right to suspend or terminate the TraxionPay Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable
in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each
a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively.
Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised
Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the General Terms,
Additional Terms or Policies in place when the Dispute arose.
You agree to TraxionPay’s E-Sign Consent. We may provide disclosures and notices required by law and other information
about your TraxionPay Account to you electronically, by posting it on our website, pushing notifications through the Services,
or by emailing it to the email address listed in your TraxionPay Account. Electronic disclosures and notices have the same
meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received
by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time
emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving
electronic communications, contact TraxionPay Support. If we are not able to support your request, you may need to terminate
your TraxionPay Account.
You may not, nor may you permit any third party, directly or indirectly, to:
access or monitor any material or information on any TraxionPay system using any manual process or robot, spider, scraper,
or other automated means; except to the extent that any restriction is expressly prohibited by law, violate the restrictions
in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of
the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile,
disassemble or otherwise reverse engineer the Services; perform or attempt to perform any actions that would interfere
with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an
unreasonable or disproportionately large load on our infrastructure; copy, reproduce, alter, modify, create derivative
works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or
Services from TraxionPay; use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
transfer any rights granted to you under these General Terms; use the Services in a way that distracts or prevents you
from obeying traffic or safety laws; use the Services for the sale of firearms, firearm parts, ammunition, weapons or
other devices designed to cause physical harm; use the Services for any illegal activity or goods or in any way that
exposes you, other TraxionPay users, our partners, or TraxionPay to harm; or otherwise use the Services except as expressly
allowed under these General Terms and applicable Additional Terms. If we reasonably suspect that your TraxionPay Account
has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information
about you, your TraxionPay Account, and any of your transactions with law enforcement.
We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
The Services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions,
advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid,
transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute,
publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote
the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms.
You may modify or remove your Content via your TraxionPay Account or by terminating your TraxionPay Account, but your Content
may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services
any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening,
harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives
rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity,
privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises
products or services competitive with TraxionPay’s or its partners’ products and services, as determined by us in our sole
discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying
any portion of the Services, or which may expose TraxionPay, its affiliates or its customers to harm or liability of any
nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and
for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive,
indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or
damage to any of your Content.
We respect the copyright and trademark rights of others and ask you to do the same. We have adopted a Copyright & Trademark Policy regarding claims that third party material infringes the copyrights or trademarks of others. We respond to all valid notices of such copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss
and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties
will never be able to defeat those measures or use your personal information for improper purposes. You provide your
personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible mobile
devices and computer(s). You will immediately notify us of any unauthorized use of your password or TraxionPay Account or
any other breach of security. Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties
as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may
include termination or suspension of any TraxionPay Account subject to dispute) will be final and binding on all parties.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from TraxionPay at any time by texting STOP to 778273. You acknowledge that opting out of receiving communications may impact your use of the Services.
TraxionPay may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte
Services” and, together with the Subscription Services, “Paid Services”). TraxionPay has the right to change, delete, discontinue
or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you
to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you
agree to pay us the subscription fee and any applicable taxes as set forth in your TraxionPay Account settings or as otherwise
agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By
using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees”
and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by debit card, credit card, or deducted from your transaction proceeds. If you link a
debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card
or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees
by deduction from your transaction proceeds, the Balance (as defined in the Payment Terms) in your TraxionPay Account or
your linked bank account.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month
until cancelled. You may cancel a Subscription Service at any time from your TraxionPay Account settings. If you cancel
a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current
billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve
the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services
after notice of a change to our Subscription Fee will constitute your agreement to such changes.
We may terminate these General Terms or any Additional Terms, or suspend or terminate your TraxionPay Account or your access to any Service, at any time for any reason. We will take reasonable steps to notify you of termination by email or at the next time you attempt to access your TraxionPay Account. You may also terminate the General Terms and Additional Terms applicable to your TraxionPay Account by deactivating your TraxionPay Account at any time.
If these General Terms or your TraxionPay Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: 6 (Your Content), 7 (Copyright and Trademark Infringement), 12 (Effect of Termination), 14 (Ownership), 15 (Indemnity), 16 (Representations and Warranties), 17 (No Warranties), 18 (Limitation of Liability and Damages), 19 (Third Party Products), 20 (Disputes), 21 (Binding Individual Arbitration), 22 (Governing Law), 23 (Limitation on Time to Initiate a Dispute), 24 (Assignment), 25 (Third Party Service and Links to Other Web Sites), and 26 (Other Provisions).
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright
and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These
General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask
work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret
rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their
applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure
is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or
other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose
the Idea on a non-confidential basis or otherwise to anyone.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.
THE USE OF “TraxionPay” IN SECTIONS 17 AND 18 MEANS TraxionPay, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE
SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, TraxionPay SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TraxionPay DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET
YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE,
WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
TraxionPay does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered
by a third party. TraxionPay does not have control of, or liability for, goods or services that are paid for using the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TraxionPay BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE.
IN ALL CASES, TraxionPay WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL TraxionPay BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING,
OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR TraxionPay ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF TraxionPay IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF TraxionPay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION
OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. TraxionPay MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
“Disputes” are defined as any claim, controversy, or dispute between you and TraxionPay, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these General Terms, any Additional Terms, or the Services, or any other aspect of our relationship.
In the unlikely event that our customer service department is unable to resolve your complaint to your satisfaction, the parties each agree to resolve all those disputes or claims arising out of or in connection with this Terms and Conditions of Membership exclusively through binding one-man ad hoc arbitration in accordance with RA 9285 otherwise known as the Alternative Dispute Resolution Act of 2004, RA 874 Domestic Arbitration Law and the applicable implementing rules. As a condition precedent to arbitration, you must first avail of the in house remedies before proceeding to arbitration.
Arbitration can only be availed of after you have exhausted the remedies available in-house, that is, by first lodging a
complaint. This is to give us an opportunity to resolve your problems in the basic level. Nevertheless, the following
Arbitration is commenced by furnishing the other party with a Request for Arbitration pursuant to RA 876.
The arbitrator who shall resolve the dispute shall be appointed by the appropriate officer of The Integrated Bar of
the Philippines; The governing law of the arbitration shall be the laws of the Philippines. The procedure for arbitration
shall be governed by Chapter V Domestic Arbitration of Department of Justice Circular No. 98 “Implementing Rules and
Regulations of the Alternative Dispute Resolution Act of 2004” The place of arbitration shall be Pasig City. The language
of arbitration shall be English and Filipino.
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
You may be offered services, products and promotions provided by third parties and not by TraxionPay (“Third Party Services”). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by TraxionPay. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and TraxionPay regarding the Services. In the event of a conflict between these General Terms and any other TraxionPay agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
This Privacy Policy describes the information Gava Technologies Inc.(GTI) and our affiliates collect when a person or business signs up for a TraxionPay account.
By applying or signing up for a TraxionPay account, including through a computer or mobile device (“device”), you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your information as described herein, and for all other purposes permitted under applicable personal information privacy statutes, credit bureau reporting rules, anti-spam legislation, and consumer protection laws.
We may amend this Privacy Policy from time to time by posting a revised version and updating the “Last updated” date above. The revised version will be effective at the time we post it. We will provide you with reasonable prior notice of substantial changes in how we use your information via the email you provided. If these changes would cause material detriment to you, you may of course cancel your account at any time. We encourage you to review this Privacy Policy whenever you access or use in any manner any TraxionPay application, product, service, feature, technology, content, or website (collectively, “Services”) to stay informed about our information practices and the choices available to you and to contact us if you have any questions about these changes. Your continued use of our Services constitutes your acceptance of any amendment of this Privacy Policy.
Our Services can be used by a broad range of industries in connection with their products, services, activities and administrative functions, whether they are involved in government, retail, health, politics, human resources, technology or anything else. Accordingly, a broad range of information (including information about you) may be uploaded to or sent through our Services.
Without information about you, we may not be able to provide you with the Services or the support you request.
Our website and Services are not targeted or directed at children under the age of 13 and do not knowingly collect or store any personal information from children under the age of 13.
We collect information you provide when you apply or sign up for a TraxionPay account and when you provide information as part of our identity or account verification process. We collect information about you, including:
Identification information, such as your name, email address, mailing address, phone number, photograph, birthdate, passport, driver’s license, Social Security, Taxpayer Identification, or other government-issued identification number
Financial information, including bank account and payment card numbers
Tax information, including withholding allowances and tax filing status
Other historical, contact, and demographic information
We also collect information you upload to or send through our Services, including:
Information about products and services you sell (including inventory, pricing and other data)
Information you provide about you or your business (including appointment, staffing availability, employee, payroll and contact data)
Information you provide to a Seller using our Services, for example if you are an employee whose employer uses TraxionPay Payroll (including hours worked and other timecard data).
Some of the information we collect is collected to comply with applicable laws and regulations, including anti-money laundering laws.
We collect information you provide when you participate in contests or promotions offered by TraxionPay or our partners, respond to our surveys or otherwise communicate with us.
We collect information about you when you use our Services, including:
Transaction Information. When you use our Services to make, accept, request or record payments or money transfers, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions.
Location Information. Through our applications, we collect information about the location of your device. For more information and to learn how to disable collection of location information, please see “Your Choices” below.
Device Information. We collect specific information about your device when you access our Services, including your hardware model, operating system and version, unique device identifier, mobile network information, and information about the device’s interaction with our Services. We may also identify other software running on the device for anti-fraud and malware-prevention purposes (but will not collect any content from such software).
Use Information. We collect information about how you use our Services, including your access time, browser type and language, and Internet Protocol (“IP”) address.
We use various technologies to collect information when you use our Services, including sending cookies to your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. For more information and to learn how to block or delete cookies used in the Services, please see “Your Choices” below. We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, track the number of visits to our website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
We also collect information about you from third parties, including third-party verification services, credit bureaus, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number. By applying or signing up for a TraxionPay account, you authorize and consent to our obtaining from, and disclosing to, third parties, from time to time, any information about you in connection with the processing of any credit investigation, identity or account verification, fraud detection, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment and personal reporting agencies.
We may allow third-party service providers to deliver content and advertisements in connection with our Services and to provide anonymous site metrics and other analytics services. These third parties may use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information may be used by TraxionPay and third-party service providers on behalf of TraxionPay to analyze and track usage of our Services, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand how you use our Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.
This Privacy Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit https://www.aboutads.info/choices. To learn about how to manage cookies, please see “Your Choices” section below.
We may use information about you to provide, maintain, and improve our Services, such as:
Processing or recording payment transactions or money transfers
Displaying historical transaction or appointment information
Developing new products and Services;
Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages.
We may use information about you to improve, personalize and facilitate your use of our Services. For example, when you sign up for a TraxionPay account, we may associate certain information with your new account, such as information about other accounts you had or currently have with TraxionPay, and prior transactions you made using our Services. We also may use information about you to measure, customize, and enhance our Services, including the design, content, and functionality of our applications and websites, or to track and analyze trends and usage in connection with our Services.
We may use information you provide to connect you with people you already know. For example, you may upload contact information from your address book through the TraxionPay Cash mobile application. We will match the contact information you provide to the information provided by other users of TraxionPay Cash in order to provide and improve the TraxionPay Cash Service, including making it easier to find contacts to whom you may send or request payments using TraxionPay Cash.
We may use information about you to send you news and information, or to conduct surveys and collect feedback, about our Services and to communicate with you about products, services, contests, promotions, discounts, incentives, and rewards offered by us and select partners, based on your communication preferences and applicable law. We also may contact you to resolve disputes, collect fees, and provide assistance for problems with our Services or your TraxionPay account.
We may use information about you:
To protect our rights or property, or the security or integrity of our Services;
To enforce the terms of our General Terms or other applicable agreements or policies;
To verify your identity (e.g., some of the government-issued identification numbers we collect are used for this purpose);
To investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities;
To comply with any applicable law, regulation, legal process, or governmental request;
For any other purpose disclosed to you in connection with our Services.
We may,or we may not use third-party service providers to, process and store your information in the United States, Japan and other countries.
We may share information about you as follows:
With our group companies, including our parent company, TraxionPay, Inc., and other affiliates, for the purposes outlined above
With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services), as well as financial institutions, payment networks, payment card associations, and other entities in connection with the payment or money transfer process
With third parties that run advertising campaigns, contests, special offers, or other events or activities in connection with our Services
With other users of our Services with whom you interact through your own use of our Services. For example, we may share information when you make or accept a payment, appointment or money transfer using our Services
In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business;
If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities), (ii) to enforce or comply with the terms of our General Terms or other applicable agreements or policies, (iii) to protect our rights or property, or the security or integrity of our Services, or (iv) to protect us, users of our Services or the public from harm or potentially prohibited or illegal activities; or with your consent. We also may share aggregated information with third parties that does not specifically identify you or any individual user of our Services.
You may access, change, or correct information about you by logging into your TraxionPay account at any time or by making a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.
If you wish to deactivate your TraxionPay account, you may do so by logging into your TraxionPay account or by emailing us using the contact details provided below. TraxionPay generally retains information about you only as long as reasonably necessary to provide you the Services. However, even after you deactivate your TraxionPay account, we may retain archived copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our General Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.
In order to provide certain mobile applications, we may require location information, so if you do not consent to collection of this information, then you cannot use our corresponding Services. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function. You also may stop our collection of location information via mobile application by following the standard uninstall process to remove all TraxionPay mobile applications from your device.
We try to make your experience with TraxionPay simple and meaningful. When you access or use the Services, our web server may send a cookie to your device. Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.
We may use cookies to:
Remember that you have visited us or used the Services before. This means we can identify the number of unique visitors we receive, which allows us to make sure we have enough capacity to accommodate all of our users.
Customize elements of the promotional layout and/or content of our website or application.
Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.
Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.
You also can learn more about cookies by visiting https://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.
Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. We currently do not respond to DNT signals. We may continue to collect information in the manner described in this Privacy Policy from web browsers that have enabled DNT signals or similar mechanisms.
You may opt out of receiving promotional messages from TraxionPay by following the instructions in those messages or by changing your notification settings by logging into your TraxionPay account. If you decide to opt out, we may still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
The Republic Act 10173 also known as the Data Privacy Act of 2012 states that:
All personal information must be collected for reasons that are specified, legitimate, and reasonable. In other words, customers must opt in for their data to be used for specific reasons that are transparent and legal.
Personal information must be handled properly. Information must be kept accurate and relevant, used only for the stated purposes, and retained only for as long as reasonably needed. Customers must be active in ensuring that other, unauthorized parties do not have access to their customers’ information.
Personal information must be discarded in a way that does not make it visible and accessible to unauthorized third parties.
Unauthorized processing, negligent handling, or improper disposal of personal information is punishable with up to six (6) years in prison or up to five million pesos (PHP 5,000,000) depending on the nature and degree of the violation.
We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We hold information about you at our own premises and with the assistance of third-party service providers. We restrict access to personal information to those TraxionPay employees, contractors, and agents who need to know that information in order to transmit, store, or process it, who are subject to contractual confidentiality obligations consistent with this Privacy Policy, and who may be disciplined or terminated if they fail to meet these obligations. Our third-party service providers store and transmit personal information in compliance with this Policy and other appropriate confidentiality and security measures.
Nevertheless, TraxionPay cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws or regulations.
Please contact our Privacy Department with any questions or concerns regarding this Privacy Policy.
Gava Technologies Inc. 14F Centerpoint Bldg.
Julia Vargas St. Cor. Garnet St.
Ortigas Center,Pasig City Philippines
[email protected]
If you have any questions or concerns regarding our policy, or if you believe our policy or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We will keep records of your request and any resolution.