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Data Privacy Policy

PURPOSE
AP CARGO LOGISTIC NETWORK CORPORATION (“AP CARGO”) values our customers’ privacy and recognizes the need for relevant measures to safeguard and manage our customers’ personal information, in accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 and its Implementing Rules and Regulations (IRR). We are committed to staying transparent with how your personal data are handled and protected.
This Privacy Policy outlines the practices of AP CARGO in collecting, using, maintaining, and disclosing data collected from our customers.
SCOPE AND LIMITATION
This policy covers all employees and customers of AP Cargo
DEFINITION OF TERMS
Data Privacy – as defined by law, refers to the act of protecting the integrity, confidentiality, and availability of personal information that are collected, stored, and processed.
GUIDELINES
1. Collection and Processing of Customer’s Personal Data
  Collection and processing of personal information is allowed, subject to compliance with the requirements of the Data Privacy Act and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality.
  AP CARGO may collect information when you avail of any service that we offer or when you interact with our employees, authorized representatives, and agents.
  
  Personal data of our customers are collected thru the following methods:
  - 1. When a customer fill-out our company forms (e.g., transaction documents, customer feedback form, contracts, supplier accreditation form, etc.);
  - 2. When a customer discloses personal information through emails or phone calls, messaging apps, or verbal communication with our employees or authorized representatives;
  - 3. When a customer uses social media services and third-party websites (e.g., Jobstreet, LinkedIn);
  - 4. When a customer signs up for our web applications and other similar interfaces requiring a digital sign-up process.
  Data that may be collected by AP CARGO from you may include, but not limited, to the following:
  - 1. Name and personal details such as address, birthdate, contact numbers;
  - 2. Financial information (such as income, expenses, insurance, etc.);
  - 3. Employment information;
  - 4. CCTV footages and other similar recordings which may be observed when you visit our offices and/or using our facilities;
  - 5. Voice recordings of our conversations with you
  By providing any Personal Data to AP Cargo, you shall be deemed to have consented to the terms of this Privacy Policy, and to the manner AP CARGO collects, processes and discloses your Personal Data.
2. Retention of our Customer’s Personal Data
  Our customers’ personal information will be retained by AP CARGO for the period as the purpose for which it was collected, and such other purposes that our customer may have consented to from time to time. It will remain in effect and until such time as the information is no longer necessary nor required to keep your information for any other legal, regulatory or business purposes.
3. Disclosure of Customer’s Personal Information
  AP CARGO ensures that our Customers’ Data are protected from unauthorized disclosure. AP CARGO will not disclose the customers’ personal information to unaffiliated third parties unless required by law or in good faith and such action is necessary to comply with any law enforcement agency requirements, court orders, or legal processes or consent is given authorizing AP CARGO to disclose of your personal data.
  
  AP CARGO may disclose the customers’ personal information to the following parties, given our customer’s consent or as authorized by law:
  - 1. AP CARGO subsidiaries;
  - 2. AP CARGO’s agents, contractors and or third party service providers
  - 3. AP CARGO’s consultants and professional service providers (e.g., corporate lawyers, external auditors);
  - 4. Regulatory bodies and government offices in compliance with the applicable laws;
  - 5. Any person, who is under a duty of confidentiality and who has undertaken the responsibility to keep our customers’ information confidential; and
  - 6. Any other party to whom the customer has provided consent for disclosure.
4. Disclosure of Customer’s Personal Information
  The current version of our Privacy Policy can be found on AP CARGO’s website and related web applications and may be provided upon request.
  
  AP CARGO reviews and updates on a regular basis our corporate policies and processes to ensure compliance with the Data Privacy Act. The Privacy Policy may be amended or updated as the need arises to reflect changes in legislations, business structure, environment, practices and processes. AP CARGO will notify the public, whenever there is an update or amendment, on our Website and related web applications. Our customers are encouraged to periodically check for updates or amendments.
KAIZEN
The mandatory review of documents shall be imposed every 2 years and may be revised as necessary to secure and ensure that the documented processes are updated. The Document Control Officer shall coordinate with the document authors when the review will start, this may be reviewed as necessary and/or the ff. occurs:
1. Change in the organization structure
2. Legal requirements
3. ISO Standards
REFERENCE DOCUMENTS/LINKS
1. ISO 9001: 2015- Quality Management Systems- Requirements
2. APC-CBE-SP-001- Control of Documented Information

Terms and Conditions

BINDING EFFECT. Consignor/agent warrants that he/she understood and voluntarily agrees to these terms and conditions including freight charges and his/her agency relations with and authority to bind consignee to the same, which cannot be altered, changed or modified by AP Cargo’s employees.
TRANSPORT. Cargoes will be carried preferably by air subject to airline acceptance or by other modes at AP Cargo’s option, inclusive of routing/re-routing.
DELIVERY/FOLLOW-UP. No date is fix for cargo delivery. Delivery shall be done on best efforts. AP Cargo shall not be liable for any kind of damage, including but not limited to loss of profits or income, social humiliation or similar injury in relation to any claim. Consignor/agent is obliged to follow-up status of cargoes within seven (7) days from acceptance date.
PROHIBITED CARGO. a. The following prohibited cargoes are not acceptable: explosives, firearms, deadly weapons, gases, oxidizing or radioactive or corrosive materials, flammables, alcohol or derivatives, acids, toxic & infectious substances, illegal drugs, dangerous items, wet packages or possible to leak or emit odor of any kind, perishable goods, jewelry, cash, money orders, treasury warrants, cashier’s checks or the like, and other articles or materials prohibited by the airline/CAAP/government. b. Breakables, glass, chinaware, fiber glass, ceramics, casting, all items of brittle or fragile nature, unprotected pieces including demijohns of all kinds are acceptable at OWNER’S RISK, whether or not declared/indicated in the airway bill.
INSPECTION. AP Cargo is authorized to open & inspect suspected cargoes in the presence of consignor/agent to ascertain these are not prohibited and/or are properly declared.
REGULATIONS. It is the consignor/agent/consignee’s responsibility to know and comply with airline/CAAP or government regulations on cargo acceptance. Consignor/agent/consignee agrees that cargoes be subjected to inspection by any means by the airlines/CAAP/government; any resulting damage due to the inspection and/or nature of cargoes discovered upon inspection shall be exclusively borne by the consignor/agent/consignee as it is beyond AP Cargo’s control. AP Cargo shall not be responsible for cargo confiscation and/or any expense/penalty due to non-compliance of any regulation. Rejected cargoes, unless confiscated by authorities, shall be picked-up by the consignor/agent within 72 hours from notification, otherwise storage fees shall be imposed for a maximum of 30 days, thereafter said cargoes shall be disposed by auction sale to defray storage fees.
PACKING. Unless packed by AP Cargo, consignor/agent warrants that cargoes are properly/ adequately packed to withstand movement, vibration, pressure, friction, temperature and like conditions inherent in air/ground transport and the nature of cargoes; any damage due to improper/inadequate packing by the consignor/agent shall be borne by the consignor/agent/ consignee.
NON-DELIVERY. AP Cargo shall not be liable for non-delivery or consequential damage on cargoes in the following cases: a. Through no fault on its part, due to wrong/incomplete address or consignee is unknown or cannot be located and like circumstances; b. Any event beyond its control, such as, weather conditions, acts of God, force majeure, flight cancellation, strikes, riots, traffic and like circumstances. Unless agreed to be re-delivered, these cargoes will be kept by AP Cargo and must be picked-up by consignor/agent/consignee within 30 days from notification, subject to storage fees, otherwise the same shall be disposed by auction sale to defray storage fees. Cargoes which cannot be delivered on the first tender of delivery and has to be re-delivered shall be subject to an additional charge agreed upon by the parties.
LOSS OR DAMAGE. AP Cargo’s liability for loss or damages due to its fault shall be limited to:
1. Zero, for cargoes accepted at OWNER’S RISK, MISDECLARED/UNDECLARED and those subject to SHRINKAGE;
2. Refund of freight charges, for cargoes with NO DECLARED VALUE;
3. Payment of declared value as stated in air waybill, for cargoes with DECLARED VALUE OF P50,000.00 OR BELOW, provided the cargoes are properly packed/crated;
4. Payment of P50,000.00 only, for cargoes with DECLARED VALUE ABOVE P50,000.00, subject to these conditions:
  1. d.1. Cargoes are properly packed/crated;
  2. d.2. Insurance coverage for valuation over P50,000.00 must be taken by the consignor/agent at his/her expense. AP Cargo may assist facilitate the processing of said insurance coverage.
  3. d.3. Valuation over P50,000.00 without insurance coverage, will be accepted, provided that the loss/damage over P50,000.00 shall be at OWNER’S RISK.
PROOF OF DELIVERY (POD). POD will be made available 5 days or less from delivery upon request by the consignor/agent at AP Cargo’s branch office, after which POD copy may be disposed of.
INDEMNITY. Consignor/agent/consignee agrees to indemnify and hold harmless AP Cargo from any claims and liability arising out of consignor/agent’s violation of airline/CAAP/government regulations. Should AP Cargo be made liable therefore, consignor/agent/consignee shall be answerable to AP Cargo for any damage it may sustain, including attorney’s fees.
CLAIMS. Written notice of claim with legible photocopy of air waybill must be submitted to AP Cargo’s Claims Department at 124-D Durian Park, Domestic Airport, Pasay City within 15 days from receipt or non-receipt of the cargoes, otherwise the claim shall be denied.
NO OFFSETTING. Any claims shall not be offsetted or deducted from unpaid freight charges. AP Cargo is not obligated to act on any claim until freight charges are paid. The claim shall be deemed forfeited for failure to pay freight charges within 15 days from notice of claim.
STORAGE. P10.00 storage fees shall be charged daily per item on cargoes not picked-up after 72 hours from notification – for rejected cargoes; and, after 30 days from notification – for non-delivered cargoes. Thereafter, the cargoes shall be disposed by auction sale to defray all sums due.
LIENS. AP Cargo shall have a lien on cargoes for all sums due it and shall withhold such cargoes until the sum owed is paid, subject to storage fees and/or disposal by auction sale to answer for the sum due, with notice to consignor/agent/consignee at least 30 days prior to auction sale.
PRESCRIPTION. Any action against AP Cargo must be brought within two (2) years from date written notice is given of the denial/forfeiture of a claim, in whole or in part, otherwise the claim shall be barred by prescription or laches.
VENUE. Any action by consignor/agent/consignee against AP Cargo and/or its officers shall be filed only with the proper court of Pasay City to the exclusion of all other courts.
SEPARABILITY CLAUSE. Should any of the foregoing provisions be declared invalid, the rest of the unaffected provisions shall remain valid and enforceable between/among the parties.Ap-airwaybill-2016/hdj