Terms of Use and Privacy Policy

Definition of Terms

• "Account" means a Humble customer account, which you created to access our services and products.
• “Applicable Laws” means the Philippine Data Privacy Act of 2012, its Implementing Rules and Regulations (“IRR”), and its subsidiary legislations and regulations issued by the National Privacy Commission, as amended from time to time;
• “Personal Data” means any data, whether true or not, which is (a) about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or (b) defined as “personal data”, “personal information”, or “sensitive personal information” under any applicable Data Protection Laws.;
• “Platforms” mmeans collectively Humble’s Shopify website, Social Media accounts/pages, and any other websites or applications which we may own, operate, and/or develop.;
• “Social Media” means Humble’s pages and accounts on third party social media platforms such as Instagram, Facebook, and Tiktok.;
• “Terms”means this document containing Humble’s Terms of Use.;
• “Website” means collectively Humble websites accessed at the following address www.humblesustainbility.com and www.thriftbyhumble.com;

1. TERMS OF USE

   Acceptance of the Terms:

   By creating an Account with Humble, you acknowledge that you have read, understood and agree to be bound by the terms and conditions contained in these Terms and the Privacy Policy. These Terms govern your use of the Services that you are provided access to via the Account. Your access to the Websites is conditional upon your acceptance and ongoing compliance with these Terms.

   We may at any time and at our sole discretion (without any liability to you), amend, revise or modify these Terms. This may result in additional products and/or services being provided or some of the existing services being terminated.

   Although we may notify you of any such amendment, revision or modification by posting on the Website, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

   Humble reserves the right, in our sole and absolute discretion and without any liability to you, to make changes to our website from time to time.

   When creating an Account, you warrant and represent that:

   1. all information provided is true, accurate and complete to the best of your knowledge;
   2. you have the full right and authority to enter into these Terms and perform your obligations under these Terms;
   3. you have read and understand the terms and conditions contained within these Terms and the Privacy Policy and agree to be bound by them; and
   4. you will only use the Account and access the Websites for lawful purposes.

   You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account's username, passwords and other security features, confidential and secure to prevent unauthorized use of your Account. If you reasonably suspect that your Account’s security is compromised, you must notify us immediately. You agree to be solely responsible for any conduct associated with, or originating from, your Account.

   We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account's security.

   From time to time, you may change information relating to your Account. You undertake to update your Account details with true and accurate information at all times. We undertake to take reasonable care with any information you provide to us when creating, updating and accessing your Account in accordance with our Privacy Policy.

   Fair Use:

   Humble wishes to ensure that all subscribers benefit equally from our services. Therefore, we reserve the right to limit your use of the Websites where, in the opinion of Humble, your use of the Websites is excessive or unreasonable following our guidelines.

   There might be instances wherein Humble will not have control over the use of Websites by multitude of users at a time, as this takes place, Humble will ensure to sort and address requests following its internal prioritization process and at its own discretion.

   Term of Agreement:

   Your Account may be terminated by Humble:

   1. If you have committed any material breach of these Terms and Privacy Policy; and
   2. If we decide to no longer offer our services on any Websites.

   Humble will immediately disable your Account (including your user name and password) and consequently, deny you access to the Websites.

   Representation & Warranties:

   Subject to all applicable laws, the services and products that are provided, on an as is basis. We make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

   Intellectual Property:

   For the purpose of this clause:

   1. “Intellectual Property Rights” means all registered and unregistered intellectual property rights including in relation to present and future copyright, trademarks, designs, know-how and patents;
   2. “Third-Party Materials” means any third-party materials used in producing or in conjunction with the products posted on the Websites, including (without limitation) third-party images, designs and layouts.

   Notwithstanding any other provision in these Terms, Humble retains absolute ownership of all of its Intellectual Property Rights and Humble is in no way limited in its continued use of such Intellectual Property Rights including the use of such Intellectual Property Rights for any other customer.

   Exclusions & Limitations of Liability:

   To the extent permitted by law, Humble will not be liable for any loss or damages, costs or expenses, whether direct, indirect, incidental or consequential including those arising from:

   1. the creation of your Account;
   2. suspension or cancellation of your Account;
   3. your use of or any inability to use or access the Websites;
   4. any interruptions or delays in accessing the Websites; or
   5. circumstances beyond the reasonable control of Humble, whether in contract, tort (including negligence) or otherwise.

   All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.

   Indemnification:

   You agree to indemnify Humble from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or us or any claims whatsoever made against you or us.

   Notices:

   Any notice to be given by Humble under these Terms, or in relation to your Account, will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Websites. Such notice shall be deemed to have been given at the time the email was sent by Humble, or at the time the relevant information was posted on the Websites. Any notice to be given by you under these Terms, or in relation to the Account, will be in writing, and sent to your account email.

   Assignment:

   You shall not assign, transfer or sublicense any of your rights or obligations under these Terms, except with the prior written consent of Humble.

   Consent:

   By agreeing to these terms and conditions, you also consent to receive further electronic communications from us in relation to Humble’s business, including promotions and special offers. You may email us at any time to unsubscribe from receiving electronic commercial messages from us.

   General Provisions:

   If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

   All rights not expressly granted in these Terms are reserved.

   If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.

   Unless otherwise expressly stated in writing by Humble, these Terms constitute the entire agreement between the parties and supersedes all prior or contemporaneous writing, negotiations and/or discussions with respect to the subject matter.

   Governing Law:

   The laws of the Philippines govern these Terms.

2. PRIVACY POLICY

   This is the Humble Personal Data Protection and Privacy Policy (“Policy”) which sets forth how Humble manages, collects, uses and discloses your Personal Data, in accordance with the Philippine Data Privacy Act of 2012 and its Implementing Rules and Regulations (“the Act”). Humble may update this Policy to ensure that it is consistent with any changes in legal or regulatory requirements.When you submit information to us, or sign up as a customer on our Websites, or view any of the products or services offered by us, you agree and consent to the collection, use and processing of personal information, in the manner set forth in this Privacy Policy. Subject to your rights at law, you agree to be bound by the prevailing terms of this Policy as updated from time to time on our Websites.

   Introduction:

   Humble takes its responsibilities in relation to protecting your Personal Data and compliance with Applicable Laws very seriously. We are committed to properly managing, protecting and processing your Personal Data in accordance with this Policy, which shall apply to all Personal Data we collect from you through our Platforms.

   During our relationship with you, we may collect Personal Data from you. Examples of the types of Personal Data we may collect include your name, contact details, mailing and delivery addresses, email address, birthday, network and device data (including your IP address and device or advertising identifiers), your shopping or browsing behaviours, voice recording (for customer service calls) and any other personally identifiable information which you have provided us in any forms you may have submitted to us, or in the course of any other forms of interaction between you and us.

   If you provide us with Personal Data relating to a third party by submitting such Personal Data to us, you represent to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.

   We may update this Policy to ensure that it is consistent with industry trends and/or any changes in legal or regulatory requirements. You agree to be bound by the prevailing terms of the Policy as updated from time to time. We will endeavour to notify you by email or by notice on the Website of any material changes to the Policy.

   How do we collect your Personal Data?

   We collect Personal Data from you when:

   1. You register an account on the Websites;
   2. You use any of our related services, such as subscribing to our newsletter, product notifications;
   3. You browse our products and services or otherwise interact with our Websites;
   4. You accept our cookies on your device;
   5. You interact with our customer experience team or other representatives, for example, via our webform, emails, telephone/mobile calls, messages, letters, or face-to-face meetings;
   6. You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media;
   7. You participate in our promotions, initiatives or any request for additional Personal Data such as customer surveys;
   8. We receive references from business partners and third parties, for example, where they referred you to us to enjoy the benefits of a joint promotion or collaboration or to redeem a voucher you purchased through them;
   9. Your authorized representative submits your Personal Data to us for any purpose reasonably authorized by you, for example if such representative is purchasing our product or service to be delivered to you or as a gift;
   10. Our third-party analytics and other service providers provide your Personal Data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
   11. When you voluntarily submit your Personal Data to us for any reason.

   We will not collect your credit card details, whether to process your payment or for customer service purposes. Your credit card details are collected, processed and stored directly by our third-party payment processors pursuant to their terms of use and privacy policies. None of your credit card details are stored with us. However, there may be instances where we may collect your bank account details to process refunds.

   We may also collect your Personal Data in circumstances where such collection does not require consent under Applicable Laws.

   Please ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure to do so may result in our inability to provide you with the products and services you have requested.

   How will your data be used?

   We may use and disclose your Personal Data for purposes necessary to provide you with our products (collectively, the “Purposes”), including to:

   1. Register and maintain your user account and to verify your identity;
   2. Process your order for our products, and process or collect your payment for the order;
   3. Deliver the products you purchased, including our couriers calling or messaging you to obtain your delivery instructions;
   4. Process your returns or refunds in accordance with our Terms;
   5. Provide you with supporting services and functions related to your Account, such as saved items in cart, wish list, brand or product notifications;
   6. Communicate with you in relation to: (i) your queries, requests and feedback; (ii) material changes to our Websites, Terms, this Policy or other terms and conditions; and (iii) matters relating to the operation of your Account;
   7. Personalize and improve your customer experience when you visit the Websites, for example by prioritizing products and services appearing in your search results or feed;
   8. Monitor and enforce compliance with our Terms, including dispute resolution;
   9. Comply with: (i) internal risk controls; (ii) the terms of our access to payment processing, financial or banking services such as credit card disputes, fraud, billing errors; or (iii) any applicable law; and
   10. Ensure our Websites function properly and to improve their performance, by carrying out activities such as debugging, statistical analyses for optimizing our Websites.
   In addition, we may use and disclose your Personal Data for the following purposes, to:

   1. Send you marketing communications in relation to our sales, products, services, or promotions;
   2. Send you marketing communications in relation to the sales, products, services or promotions of business partners, including promotional mail together with your order;
   3. Deliver ads which are related to our products and services which may be of interest to you on the Platforms or other websites, apps or online platforms;
   4. Enable businesses to deliver ads which are related to their products and services which may be of interest to you;
   5. Invite you to our private customer events;
   6. Conduct market and customer research, analysis or tracking;
   7. Promote our products and services on our Platforms;
   8. Manage the administrative and business operations of Humble and complying with internal policies and procedures;
   9. Improve your customer experience across all touchpoints and training our customer experience team, such as by recording and monitoring phone calls; and
   10. Any specific purpose in relation to a particular product or service, which we may separately notify you on the product or service page;

   We may also use your Personal Data: (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent; or (b) in circumstances where such use does not require consent under Applicable Laws.

   Who will your Personal Data be shared with?

   In relation to our use of your Personal Data for the Purposes, we may disclose your Personal Data to our:

   1. Employees, consultants, temporary workers, professional advisers, and consultants;
   2. Humble third-party sellers, who supply and deliver the products or services you ordered through the Website or Apps;
   3. Payment processors, who process your payment on the Websites;
   4. Logistics providers, such as courier services which will deliver your order to you;
   5. Business partners or vendors in connection with the processing of any promotion, event or service organised by us;
   6. Agents, contractors or service providers who provide operational services to us, such as inventory management and processing, information technology, telecommunications, or other relevant services which requires their collection, use or disclosure of your Personal Data; and
   7. Any other party whom you authorize us to disclose your Personal Data to.

   We may also disclose your Personal Data: (a) for other purposes which are reasonably related to the Purposes and where we have obtained and maintain related consent; or (b) in circumstances where such disclosure does not require consent under the Applicable Laws.

   We do our best to minimize the disclosure of your Personal Data to the information necessary to perform the related Purpose. Our disclosure of your Personal Data shall be in accordance with Applicable Laws. In this regard, you hereby acknowledge, agree and consent that we are permitted to disclose your Personal Data to such third parties (whether located within or outside the Philippines) for one or more of the above Purposes, and for the said third parties to subsequently collect, use, disclose and/or process your Personal Data for one or more of the above Purposes.

   How can I access or correct my Personal Data?

   You may access or correct any Personal Data you agree to provide us by accessing your Account in our Websites and editing or updating relevant fields therein.

   For Personal Data that cannot be corrected by you by logging in to your Account on the Websites, you may request to access and correct such Personal Data by submitting an email to our Data Protection Officer at dpo@humblesustainability.com. We may need to request additional information from you to confirm your identity before providing the access or making the correction.

   We will do our best to respond to Personal Data access and correction requests immediately after we receive them. Where we are unable to meet this timeline, we will update you with the soonest possible time within which we can provide the information or make the correction. Please note that certain types of Personal Data access and correction requests may be exempt under Applicable Laws.

   Accordingly, we may send your corrected Personal Data to every other person or entity to which such Personal Data was disclosed by Humble and requires correction, but subject to obtaining your consent.

   Request to withdraw processing:

   If you wish to withdraw your consent for us to send you sales, marketing or promotional information, or for any Purposes, please inform us by emailing dpo@humblesustainability.com.

   Note that, depending on the nature of the consent withdrawal, we may not be able to continue to provide you with some or all of our products or services. Further, if you withdraw your consent for us to use and process your Personal Data the Purposes, we may no longer be able to provide you with the related products, services or benefits associated with our promotion.

   Your rights and freedoms as a data subject in accordance with the Applicable Laws shall be respected. Once we receive notification that you wish to withdraw your consent, it may take some days for your withdrawal to be reflected in our systems. Therefore, you may still receive marketing or promotional materials or communications during that period.

   You may:

   1. Withdraw your consent for the collection, use and/or disclosure of any of your Personal Data; or
   2. Make a request to delete your Personal Data in our possession or under our control by submitting a written request via email to our Data Protection Officer via dpo@humblesustainability.com.

   Once your request is completed, we will no longer collect, use and/or disclose your Personal Data, except for compliance, regulatory or other legal purposes.

   Administration and Management of Personal Data:

   Your rights and freedoms as a data subject in accordance with the Applicable Laws shall be respected. We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organization is accurate and complete. However, you should update us of any changes in your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of changes.

   We will also put in place reasonable security arrangements to ensure that your Personal Data is adequately protected and secured. This includes putting in place reasonable security measures to prevent any unauthorized access, collection, use, disclosure, copying, modification, leakage, loss, damage or alteration of your Personal Data. However, we will not be responsible for any unauthorized use of Personal Data by third parties which is attributable to factors beyond our control.

   When Personal Data in our possession is: (i) no longer required for any reason connected to the purpose it was originally collected; (ii) retention by us is no longer necessary for any other legal or business purposes; or (iii) ordered blocked, removed, or destroyed by you, we will exercise measures to ensure such Personal Data is either destroyed or anonymised.

   Contacting us:

   For any questions relating to your Personal Data or about this Policy, if you have a complaint regarding the collection, use or handling of your Personal Data by us, or a question about how we are complying with Applicable Laws, you may contact our Data Protection Officer via one of the following methods:

   1. Email: dpo@humblesustainability.com.
   2. Address: 664 Sgt. Bumatay St., Mandaluyong City or 6th Floor OPL Building, 100 C. Palanca St., Legaspi Village, Makati City

   Emails and letters should clearly state that you are making a data protection query, request or complaint in the subject line to ensure the matter is dealt with expediently. We will strive to deal with any query, request or complaint promptly and fairly.

   Governing Law:

   This Policy and your use of our Websites shall be governed in all respects by the laws of the Philippines.

   Updates and Acceptance:

   As part of Humble's efforts to ensure that we properly manage, protect and process your Personal Data, we will be reviewing our policies, procedures and processes from time to time. In this regard, Humble may update the Terms and this Policy to ensure that it is consistent with industry trends and any changes in legal or regulatory requirements. We reserve the right to amend the terms of the Terms and this Policy at our absolute discretion.

   Subject to your rights at law, you agree to be bound by the prevailing terms of the Terms and this Policy as updated from time to time on our Website. Any amended Terms and Policy will be posted on our Websites.

   By continuing to use your Account and our Websites, you are agreeing to the terms of the amended Terms and Policy.

   You are encouraged to visit our Terms and Policy on the Websites from time to time to ensure that you are well-informed of our latest policies in relation to Personal Data protection.