Policies

Privacy Policy

Article 1: Collection of Member’s Information

Auction.ph, heretofore known as The Company shall collect members’ information relevant to the maintenance of and activation of the user’s account with AdAuction. The Company may collect additional information but with prior notice to members, stating the purpose and use of such additional information.
The Company shall inform and explain the purpose and use of the information gathered; likewise, it shall also give information, details and purpose of third parties offered members’ information.
A member can always withdraw from the ‘Agreement’ to collect and offer information.
When a member offers private information, such information must be based on facts. In case of false information, the member is responsible for all consequences and incidents arising thereto.

Article 2: Offering of Member’s Information

The Company can offer information to third parties in the following cases:

1.1 When laws support the use and offer of information to third parties.

1.2 When it is needed to offer minimum private information (name, address, contact number) among transacting members for the delivery of purchased goods.

1.3 For the normal process of transactions among members and after sales service requirements of buyers, as needed.

Except above mentioned details, the Company shall not use information except in the course of normal service, expansion of service and for the purpose of collection and use as defined above; the Company will not offer any information to third parties without the member’s consent.
The group in charge of privacy information management in our Company:

Name: Information Security Team
E-mail: infosecure@auction.ph

Article 3: Management of Members’ Information

A member can always peruse his own private information and request the Company to correct errors. Upon receiving request for correction, the Company cannot use that information until it is corrected.
Access to a member’s information shall be limited to the Member and the Auction.ph Information Security Team.
Upon termination of this Agreement, it is a policy of the Company to delete all the information of the member. However, the Company can preserve a member’s information based on the following:

3.1. The Company can opt to maintain minimum information of the members, such as, but not limited to --- username, an individual name or a firm name, contact number, address, transaction history, remitted-account and degrees of credit whichever applies.

3.2. When there is reason to keep a member’s information in accordance with the E-Commerce Law of the Philippines.

3.3. To have basis for rejoining member whose membership was canceled or suspended by the Company. The Company shall keep minimum information up to five (5) years from termination of an Agreement.

3.4. To recover unpaid fees. The Company shall keep minimum information until the unpaid fees are settled.

The Company shall show the privacy policy for the protection and management of members’ information in the service site.

Article 4: Management of User Password

Every member shall be responsible for the management of his/her password; such cannot be lent or transferred.
If a member has knowledge of any stolen password, or being used by other people, it is his/her obligation to report it to the Company immediately.
The Company is not responsible for the loss due to exposure, transfer, lending of username and password arising from the carelessness or fault of the member.

Article 5: Modification of Members’ Information

It is the responsibility of a member to modifyand updatehis information to prevent loss or damage that may arise.

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Terms and Conditions

AUCTION.PH ADAUCTION

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE AUCTION.PH AdAUCTION PROGRAM. PARTICIPATION IN THE AUCTION.PH AdAUCTION PROGRAM INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU ARE NOT AMENDABLE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT PARTICIPATE IN THE AUCTION.PH ADAUCTION PROGRAM.

CONTENT

AUCTION.PH.CORPORATION reserves the absolute right to refuse participation of any member whose Website contains offensive or objectionable material(s)/content(s) (including direct links to content). This includes:

Indecent or Pornographic Material
Software Pirating or any site that violates third party intellectual property rights
MP3 files / sites that do not have the legal right to distribute MP3 files
Hacking or any other site invading the rights of computer users
Any subject matter(s) that appear to be illegal as may be determined by Auction.Ph in its sole discretion.

CONTENT PROTECTION

By participating in AUCTION.PH AdAuction Program, a member guarantees that all contents, products, and services that he/she advertises in the Website, where AdAuction Ads are to be displayed, are legal to distribute and that he/she owns or have the legal right to use any and all copyrighted material(s) posted, advertised or placed therein.

PROGRAM PARTICIPATION AND APPROVAL

Participation in the Program is open to all, provided he/she is 18 years old at the time/date of registration at AdAuction. Auction.ph reserves the right to refuse participation to any applicant or participant at any time in its sole discretion.

TERMINATION

AUCTION.PH reserves the right to terminate any member’s relationship with the AUCTION.PH AdAuction Program for any reason whatsoever. Termination notice may be provided via e-mail or any other public means and will be effective immediately.

A member may also terminate this Agreement with or without cause at any time by sending written notice of his/her desire to cancel such participation in the Program to adsupport@auction.ph. This Agreement will be deemed terminated within ten (10) business days from Auction.ph's receipt of such notice.

LIABILITY

A member is solely responsible for any legal liability arising out of or relating to the Website where he/she displays the AdAuction Ads. In this regard, a member agrees to indemnify, defend and hold harmless AUCTION.PH CORPORATION and its officers, directors, agents, affiliates and employees from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation arising out of any material breach by a member of any duty, representation or warranty under any agreement with AUCTION.PH.

Auction.ph ensures that the AdAuction Ad Code provided in the AdAuction website is sound and free from any malicious or dangerous malware. A member is solely responsible for any damages or losses incurred due to the improper placement, misuse, and modification of AdAuction Code in his/her Website.

APPLICABILITY

These terms and conditions, and if amended, shall apply to the member for as long as he/she is a member of the AUCTION.PH AdAuction Program and shall constitute the entire and only Agreement between the parties regarding membership in the AUCTION.PH AdAuction Program.

IMPLEMENTATION AND OPERATION OF ADS

Members agree to comply with the specifications provided for by Auction.ph from time to time, to enable proper delivery, display, tracking, and reporting of Ads, including without limitation, by not modifying the JavaScript or other programming provided to the member by Auction.ph in any way, unless expressly authorized in writing by Auction.ph (including by electronic mail). Moreover, a member agrees not to display on the same Web page any advertisement(s) that an end user of his/her Site(s) would reasonably confuse with an Auction.ph advertisement or otherwise associate with Auction.ph.

Members explicitly allow Auction.ph to track data pertaining to URLs, CTR (Click Thru Rate), and other such information necessary for the proper tracking and reporting of data on AdAuction ads and website traffic by use of Cookies, Javascript, and the like.

MEMBER RESPONSIBILITIES

No member will place ads on blank pages, on pages with no content, on top of one another so that more than two (2) ads are next to each other, or in such a manner that may be deceptive to the web surfer. However, members may provide related links and recommendations regarding an advertiser if such actions reflect sound business practices.
No member can alter, modify, sell, re-use, or divulge any AUCTION.PH AdAuction computer code. Nonetheless, a member may, with the prior approval of AUCTION.PH in certain instances, modify the AUCTION.PH AdAuction computer code for purposes of inserting certain pre-approved language above or below an advertisement provided by AUCTION.PH AdAuction. Requests for language approval should be sent to adsupport@auction.ph.
No member shall induce buyers to click on advertisements based on incentives unless with the prior approval of AUCTION.PH.
To insure timely payment, members must make sure the bank information/Auction.ph Member Information (when applicable) entered is correct and up to date. Auction.ph shall not be held liable for payment(s) not received due to erroneous information provided by the member.

REMEDY

If any member violates or refuses to partake in their responsibilities or commits fraudulent activity, AUCTION.PH reserves the right to withhold payment and take appropriate legal action to recover damages.

COMMUNICATIONS SOLELY WITH AUCTION.PH

As a member of Auction.Ph AdAuction Program, such a member agrees to direct to Auction.ph, and not to any advertiser, any communication regarding any Ad(s) displayed in connection with his/her Site(s).

CONFIDENTIALITY

A member agrees not to disclose Auction.ph Confidential Information without Auction.ph's prior written consent. "Auction.ph Confidential Information" include without limitation to: (a) all Auction.ph’s softwares, technologies, programmings, specifications, materials, guidelines and documentations relating to the Program; (b) any other information designated in writing by Auction.ph as "Confidential". However, a member may accurately disclose the amount of Auction.ph’s gross payments to him/her pursuant to the Program.

NO GUARANTEE

Auction.ph makes no guarantee regarding the level of successful transactions generated by the Ads, or the amount of any payment to be made to a member under this Agreement.

PAYMENT

A member shall receive payment related to the number of successful transactions (Validated payments on Items stemming from the clicks made directly from his/her ads), in each case as determined by Auction.ph for its participants in the Program. Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to a member shall be sent by Auction.ph upon request of pay-out subject to the existing rules and regulations governing pay-outs in the AdAuction User Agreement. In the event the Agreement is terminated, Auction.ph shall pay the earned balance of a member within approximately 10 days after the end of the calendar month in which the Agreement is terminated (following Auction.ph's receipt of the member’s written request, including by e-mail, to terminate the Agreement or by Auction.ph). In no event, however, shall Auction.ph make payments for any earned balance less than Php 500. Notwithstanding the foregoing, Auction.ph shall not be liable for any payment based on, or as a result of any breach of this Agreement by a member for any applicable pay period. Auction.ph reserves the right to withhold payment or charge back a member’s account due to any breach of this Agreement, pending Auction.ph’s reasonable investigation. In addition, if a member is already past due on any payment to Auction.ph in connection with any Auction.ph program (including without limitation the Auction.ph Market Service), Auction.ph reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to a member in connection with the Program by amounts owed by a member to Auction.ph. To ensure proper payment, members are solely responsible for providing and maintaining accurate contact and payment information associated with a member’s account.

13.a Commission Fee

Auction.ph shall remit the commission fee from the advertising fee paid for by the advertiser to the Publisher (member), for every successful transaction arising from clicks made from the AdAuction Ads displayed in the member’s website.

The commission fee is 60% of the existing advertiser’s fee. As of April 12, 2007, the applicable Advertising Fee is P10.00, for every successful transaction.

13.b Payout

Payouts can only be availed once the member’s cashable balance reaches a minimum of P500.00. This can be in the form of bank transfer or E-Money transfer. E-Money is the e-currency used in Auction.ph. For bank transfers, members must have an account with Authorized Bank Affiliates of Auction.ph. Bank fees shall be covered by member, when applicable.

PUBLICITY

A member agrees that Auction.ph may use his/her name and logo in presentations, marketing materials, customer lists, financial reports, web site listings of customers, Search Results Pages, and Referral Pages. If a member wishes to use Auction.ph's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), he/she may do so, provided it is with prior approval of AUCTION.PH and in compliance with this Agreement.

REPRESENTATIONS AND WARRANTIES

A member represents and warrants that (a) all of the information provided by him/her to Auction.ph to enroll in the Program is correct and current; (b) He/She is the owner of each Site or that he/she is legally authorized to act on behalf of the owner of such Site(s) for the purposes of this Agreement and the Program; (c) He/she have all the necessary right, power, and authority to enter into this Agreement and to perform the acts required of him/her hereunder; and (d) He/she have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in his/her performance of any acts hereunder. A member further represents and warrants that each Site and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories.

AUCTION.PH RIGHTS

A member acknowledges that Auction.ph owns all right, title and interest, including without limitation to all Intellectual Property Rights (as defined below), and to the Program (including Auction.ph's ad serving technology). As such, a member will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. A member will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Auction.ph services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. A member will not remove, obscure, or alter Auction.ph's copyright notice, or other proprietary rights notices affixed to or contained within any Auction.ph services, software, or documentation (including without limitation the display of Auction.ph’s Ads, as applicable). "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

INFORMATION RIGHTS

Auction.ph may retain and use, subject to the terms of the Auction.ph Privacy Policy (located at Privacy Policy, or such other URL as Auction.ph may provide from time to time), all information a member shall provide, including but not limited to site demographics, contact and billing informations. In addition, a member agrees that Auction.ph may transfer and disclose to third parties personally identifiable information about him/her for the purpose of approving and enabling his/her participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than his/her own. Auction.ph may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Auction.ph disclaims all responsibility, and will not be liable to a member. However, for any disclosure of that information by any such third party, Auction.ph may share non-personally-identifiable information about a member, including Site URLs, Site-specific statistics and similar information collected by Auction.ph, with advertisers, business partners, sponsors, and other third parties.

MODIFICATIONS

Auction.Ph reserves the right to change any conditions of this agreement at anytime. Members are responsible for complying with any changes to the AUCTION.PH AdAuction Terms and Conditions within 10 business days from the day of change.

GOVERNING LAW

The relationship between a member and Auction.Ph Corporation will be governed by, and construed in accordance with, the laws of the Philippines.

SEVERABILITY

If any provision of this agreement shall be held or made invalid or unenforceable by any court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby and shall continue in full force and effect.