End­User License Agreement ("Agreement")

 

Last updated: 4/7/2017

Philsmile Inc. takes privacy seriously. The following principles underpin our approach to respecting your privacy:

Please read this End­User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Philsmile Student App.

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

1. License

As a student of a school client or an applicant to a school client, Philsmile Inc. grants you a revocable, non­exclusive, non­transferable, limited license to download, install and use the Application solely for your personal, non­commercial purposes strictly in accordance with the terms of this Agreement.

2. Personal Information

2.1 Purposes of personal information collection and processing

 In accordance to Data Privacy Act of 2012, Republic Act of the Philippines, No. 10173, your school as Personal Information Controller has mandated Philsmile Inc. as Personal information processor to collect, hold, process or use your personal information for the purpose of

1. Efficient administration of your application, admission, enrollment into the school.

2. Keeping track of your academic and medical records inside the school, assessing your needs and graduation        status, helping you achieve your career goals.

3. Issuing reports both internal and mandated to government agencies or other accreditation bodies.

4. Forecasting future needs of the school in terms of following academic year’s enrollment and finance and provide advanced analytic reports to schools as far as their operation is concerned.

5. Troubleshooting any issue with the system being offered and bringing ever increasing convenient system for the delight of its users 

2.2 Collect of Sensitive Personnel Information Permissions granted

By continuing to use the application, as a data subject, you consent to share all personal data to Philsmile Inc, including but not limited to:

1. Personal details (including but not limited to: full name, family member’s details and contacts, gender, race, religion, birth date, full address present and past, email and personal mobile numbers)

2. Prior Education and achievements

3. Attendance records

4. Grade and related academic records

5. Payment and dues

6. Medical Records

7. Other mandated records required by your school from time to time

8. Camera permission for accessing the camera or capturing images and video from the device. This enables the app to capture your picture and use it for the issuance of your student ID.

9. File permission for saving captured image on your device

10. SMS permission for accessing features related to the User's messaging including the sending, receiving and reading of SMS, notably to check PIN code coming from PhlSmile Inc. to verify that your account is connected to the right device.

11. Social media accounts permission for accessing the User's social media account profiles, such as Facebook and Twitter, if you choose to use your Facebook credentials to easily log in to PhilSmile Inc.’s application.

Any information given out to your school will be technically shared to Philsmile Inc., as the technical administration of the records is being performed by Philsmile Inc. Additional specific permission may be required as needs arise for special use and purposes.

Philsmile Inc. may collect usage data from its systems to keep improving them.

You have the right to update all personal information submitted at any time to reflect changes that may have occurred to your personal situation.

You have the right to block permission to any of the above permission at any time. However, if you choose to withdraw any of those consent, your school may not be able to let you continue your studies.

2.3 Sharing Access

 If the applicant or enrollee is of legal age, you as a student is the primary custodian of the record. Philsmile Inc. gives you the ability to share access to this account to 2 other persons. You are responsible for selecting carefully the access you grant. Granted access may be revoked in the future.

If the applicant or enrollee is not of legal age, you as a legal guardian is the primary custodian of the record. Philsmile Inc. gives you the ability to share access to this account to 2 other persons. You are responsible for selecting carefully the access you grant. Granted access may be revoked in the future.

 You have been granted a temporary access from the legal guardian of the records. This access may be revoked by the legal guardian of the records at any time in the future.

3. Restrictions

You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

 The Restrictions section is for applying certain restrictions on the app usage, e.g. user can't sell app, user can't distribute the app.

4. Warranties

Philsmile Inc. shall exercise diligence to ensure the integrity of the data and to prevent any unauthorized access beyond the ones provided to the authorized school administrators, teachers, the legal custodian of the records and his/her 2 optional additional shared accesses.

Access to servers shall only be done by bank-grade level SSL certificates. Data loss shall be prevented through redundancy of the database.

5. Limitation of Liability

Philsmile Inc. shall not be held liable if

1. Sensitive and/or confidential information are personally shared and/or disclosed by any of the authorized user, such a student sharing his/her grades on Facebook.

2. Authorized user discloses their credentials (login and password) to unauthorized third party, intentionally or per negligence.

 Negligence may range from leaving notes of their password to plain view of unauthorized user to leaving a session open on their computer and letting any stranger gain access to it.

 Philsmile Inc’s total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid by the school to PhilSmile Inc. for its services.

6. Modifications to Application

 Philsmile Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

7. Term and Termination

This Agreement shall remain in effect until terminated by you or Philsmile Inc.

Philsmile Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Philsmile Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. 

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

8. Severability

 If any provision of this Agreement is held to be unenforceable or invalid, such provision 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.

9. Amendments to this Agreement

Philsmile Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

10. Contact Information 

If you have any questions about this Agreement, please contact us through our compliance officer:

Mrs. Jann Mariel T. Lopez

privacy@philsmile.com

(02) 218 3528

Room 216, Thompson Square building,

165 Tomas Morato Avenue,

1103 Obrero, Quezon City,

Philippines.