User Agreement

Terms and Conditions

Last updated in September 2020

1. Registration and Acceptance or Subscription

You agree that by clicking “Subscribe”, “Join Now”, “Sign Up” or similar, registering, accessing or using our services, you are agreeing to enter into a legally binding contract with Babylon2k.org (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

2. Changes

We may make changes to the Contract

We may modify this Contract, based on our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will notify you through our Services, or by other means, for you have opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object/disagreed to any changes, you may close your account. Continuing our Service after the notification about the changes means that you are consenting to the updated terms as of their effective date.

3. Termination

You and Babylon2k.org may terminate the Contract at any time. Once our Contract is termination, you will lose the right to access or use our Services. The following shall survive termination:

Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
See Annex, refer to section of disclaimer
Any amounts owed by either party prior to termination remain owed after termination

4. Services Eligibility

We may make changes to the Contract

To use the Services, you agree that: (1) you must be the 18 years old (2) you will only have one (Babylon please update if necessary) account, must be under your real name. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

4.1 Your Account

Username and Password
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to:
(1) use a strong password and keep it confidential;
(2) not transfer any part of your account (e.g., connections) and
(3) follow the law and our BABYLON2K.ORG’s PRIVACY STATEMENT. You are responsible for anything that happens through your account unless you close it or report misuse

As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Recruiter seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

4.2 Payment

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. Refunds are subject to our policy.

If you buy any of our paid Services (“Premium/ Paid Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid
interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
All of your purchases of Services are subject to BABYLON2K.ORG refund policy.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase

4.3 Notice and Messages (on the changes)

You will be provided to be notified in the following ways if there are changes in the services: Sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit messages you receive from us, or you’re okay with us providing notices and messages to you through our websites, applications, and contact information. If your contact information is out of date, you may miss out on important notices

4.4 Information Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile, articles, group posts, news articles, job postings, messages and e-mail. Information and content that you share, or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information. For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

5. Service Availability

We may change or end any Service or modify our prices prospectively.

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

6. Disclaimer

These Terms of Use apply to www.babylon2k.org as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Use appears (collectively, the "Babylon2k.org Website") and apply to all visitors. These Terms of Use and any other terms that appear on the page from which you were directed to these Terms of Use govern your use of the BABYLON Website. By accessing the BABYLON Website, you agree to be legally bound by the Terms of Use then in effect. Please also refer to the relevant additional legal information applicable to your country. These Terms of Use as well as the information and materials contained in the BABYLON Website are subject to change at any time and from time to time, without notice. BABYLON may add features to or remove features from the BABYLON Website at any time and from time to time in our sole discretion. Continued access to the BABYLON Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified. If you do not agree to be bound by these Terms of Use, do not use the BABYLON Website.

7. Access Subject to Local Restrictions

The BABYLON Website and all information and functionalities contained within them are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant branch, subsidiary or affiliate office of BABYLON and such licenses or authorizations have not been obtained.

8. Services and Products

Products and services displayed on the BABYLON Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information. Any materials, information or reports published, distributed or otherwise made available on the BABYLON Website is published for information purposes and is subject to change at any time without notice. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or groups of BABYLON as a result of using different assumptions and criteria. BABYLON is not under any obligation to update or keep current the information contained herein nor to remove any outdated information from the BABYLON Website or to expressly mark it as being outdated.

9. No Offer

All information and materials published, distributed or otherwise made available on the BABYLON Website are provided for informational purposes, for your non-commercial, personal use only. No information or materials published on the BABYLON Website constitutes a solicitation, an offer, or a recommendation to sell services or products, to affect any transactions, or to conclude any legal act of any kind whatsoever. BABYLON does not provide legal or tax advice through the BABYLON Website and nothing herein should be construed as being financial, legal, tax or other advice. When deciding about your tax concerns, you should seek the advice of a tax professional or any eligible expert in the field of tax.

10. Forward Looking Statements

The BABYLON Website may contain statements that constitute "forward looking statements". While these forward-looking statements may represent BABYLON’s judgment and future expectations, several risks, uncertainties and other important factors could cause actual developments and results to differ materially from BABYLON’s expectations. BABYLON is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events, or otherwise.

11. No Warrant

Your use of the BABYLON Website is at your own risk. The BABYLON Website, together with all content, information and materials contained therein, is provided "as is" and "as available" ", without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the BABYLON Website is done at your own risk and BABYLON is not responsible for any damage to your computer systems or loss of data that results from the download of such material. BABYLON and its affiliates expressly disclaimer all representations or warranties of any kind, whether express or implied, with respect to the BABYLON Website, and all materials, information, content and functionalities contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, BABYLON does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the BABYLON Website or the information or results obtained from use of the BABYLON Website, or that the BABYLON Website will be available at all times, or is virus-free or error-free.

12. No Liability

To the fullest extent permitted by law, in no event shall BABYLON or our affiliates, or any of our directors, employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the BABYLON Website, or any links to third party websites. You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use the BABYLON Website and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). BABYLON specifically disclaims all liability for any tampering with any user's computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers. In no event will BABYLON or our affiliates, or any of our officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the BABYLON Website, its content, or the inability to use the BABYLON Website. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

13. Links

The BABYLON Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. BABYLON has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third-party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. BABYLON shall have no liability for third party content or websites or websites linking to or framing the BABYLON Website.

14. Social Bookmarks

The BABYLON Website may contain social bookmarks which are identifiable by means of their respective buttons. Social bookmarks allow users of certain social media platforms to post links to selected BABYLON web pages on their social media accounts in order to bookmark them or share them with their social media contacts. If you use social bookmarks, you will be sending personal identifying data to the respective social media platform. Any comments or activity made by or carried out by persons using social bookmarks is not controlled, endorsed or monitored by BABYLON, and BABYLON shall not be responsible or liable for such. Persons who share BABYLON communications via social bookmarks are not authorized to speak for or represent BABYLON and their views and opinions must be regarded as strictly their own and not BABYLON's. In addition, the provisions in these Terms of Use relating to Links also apply to social bookmarks.

15. Intellectual Property Rights

BABYLON, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the BABYLON Website. Individual pages and/or sections of the BABYLON Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the BABYLON Website for commercial or public purposes, without the prior written permission of BABYLON. Systematic retrieval of content from the BABYLON Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the BABYLON Website without the prior written permission from BABYLON is strictly prohibited. The key symbol and BABYLON are among the registered and unregistered trademarks of BABYLON. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of BABYLON for any purpose without the prior written permission of BABYLON.

16. Electronic Communication (E-Mail)

The Internet is a universally accessible medium. Ordinary e-mail messages sent over the Internet are neither confidential nor secure. They may be easily accessible by third parties and may entail a considerable amount of danger and risk including: (a) lack of confidentiality (e-mails and their attachments can be read and/or monitored without detection); (b) manipulation or falsification of the sender's address or of the e-mail's (or attachment's) content (e.g. changing the sender's address(es) or details); (c) system outages and other transmission errors, which can cause emails and. their attachments to be delayed, mutilated, misrouted and deleted; (d) viruses, worms, Trojan horses etc. may be spread undetected by third parties and may cause considerable damage; and (e) interception by third parties. You are therefore recommended to communicate with BABYLON by using a secure channel if such channel is provided by BABYLON. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data. Unless explicitly stated otherwise, BABYLON does not accept any orders or instructions sent by Email or any other electronic messaging system. BABYLON shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to BABYLON using ordinary E-mail or any other electronic messaging system. Please see our E-Mail Disclosure for more information about our e-mail practices and policy.

17. Privacy Statement

BABYLON has established a Privacy Statement, as modified from time to time, which explains how personal data is collected on the BABYLON Website and used. The Privacy Statement is part of these Terms of Use and is incorporated herein by reference.

18. Severability Clause

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

19. Conflict with Additional Terms

Certain web pages or areas on the BABYLON Website may contain additional terms, conditions, disclosures and disclaimers (collectively, the “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.

PRIVACY POLICY

Privacy Statement

Last Updated: 1 September 2020

Introduction

Integrity, Transparency, Independence and Confidentiality are among the many core values and pillars of our Profession and of Babylon2k.org (“Babylon” or the “Firm”). The Firm has always been dedicated in protecting the confidentiality of sensitive information. Being in a highly regulated industry, BABYLON is committed to comply with laws and regulations among which are Data Privacy Act of 2012, its IRR, NPCs Advisories, Circulars and Memoranda to protect individual’s (“data subjects”) privacy rights.

To learn more about the types of personal information that we collect, how we collect, use, process and update, protect, share and dispose, you may refer to our Privacy Statement. We highly encourage you to provide us any feedback on our privacy statement and notices.

Collection and Use of Data in General

We obtain and use personal data when a natural or juridical person (as applicable):

• submits an online inquiry or an online career application;
• undergoes recruitment process;
• becomes an employee, advisor, consultant, agent, supplier, or service provider of the Firm;
• offers products and services, sends proposals, requests, forms or other documents to the Firm;
• subscribes to our marketing, announcements and advisories;
• requests for proposals/quotations, for presentation, or for communication purposes;
• provides data during our seminar, networking or marketing events;
• becomes our client;
• provides us with personal data directly or indirectly to execute our contract or agreements, as part of legitimate business protocols and objectives;
• provides us with personal data directly or indirectly through other natural or juridical persons;
• has publicly made the personal data available; and
• participates in surveys, research, data gathering activities and company profiling.

Providing us with your personal data through the above-mentioned circumstances shall mean that you agree with our Privacy Policy. This supplements previously and subsequently provided consent obtained for a specific purpose.

Online Inquiry and Online Career Application

In general, we collect personal data that is voluntarily submitted thru online by individuals. This is either thru online inquiry at http://www.babylon2k.org/ or thru online career application sent to [email protected]. By voluntary submission of information, you are expressly agreeing to policies set forth in Privacy Statement. We only collect personal data that are relevant to fulfill its purpose.

For the online inquiry, only Name, Email and Phone number are collected. These are necessarily utilized only for the purpose of answering individual’s queries. Should there be a need for additional personal information, we shall request from you the necessary information at the point of collection. And for the online career application, this shall be utilized for Babylon’s’ recruitment and employment purposes only.

The information obtained shall not be used for any other purposes unless we obtain consent from you or otherwise required or permitted by law or regulation or professional standards.

Recruitment and Employment Process (For Employees & Specialists)

We obtain personal data from resumes submitted through voluntary online career application or thru referrals both from current and prospective employees/ specialists to initiate the employment/contracting application process. The collected personal data of any applicant, whether hired or not shall be stored in our database for two (2) years. Personal data of applicants/specialists who were not hired are retained for future selection process. For hired employees/ specialists, a contract shall be consummated after the interview. Resumes of those successfully employed/ contracted are stored in their respective 201 or equivalent files. In addition to personal data reflected on resumes, we request our new employees/ specialists to provide for their photos, medical certificates and government IDs (SSS, TIN, Philhealth, Pag-ibig and PRC IDs, if any). Only authorized personnel have access to their related files. Personal data are collected, used and processed to initiate, carry out and terminate employment/contracting agreement.

We share their personal data other than in the context of an employer-employee relationship when expressly authorized by law or when an applicant or an employee has given his/her consent or when the Firm’s name is given as reference. All personnel are duty bound to observe confidentiality.

Advisories / Announcement / Marketing thru E-mail

We shall ask your permission to provide personal data such as email address, name and company or affiliation, in order for you to receive tax and other regulatory advisories including upcoming events, services and seminars through e-mail which you are free to agree or decline. Any personal data will be kept on file by BABYLON’S and shall be used for introduction to certain range of BABYLON’s services as well. Our list of clients’ email addresses is password protected to prevent unsolicited emails from being sent to people on the list and details will not be passed on to unauthorized third parties. A request to remove your respective email address from our list at any time can be made by following the instruction included in each communication or simply replying back to the email sender such as [email protected] or writing to Babylon, U1805 Cityland Pasong Tamo Tower 2210 Chino Roces Ave., Makati City, 1231 Philippines and stating which lists and /or newsletters you wish to be removed from.

Sharing

Personal data collected shall be accessed and used by BABYLON’s authorized employees, specialists, and consultants. We do not share information with unaffiliated third parties except when required or permitted by law or professional standards or are necessary to execute your requests, for declared, specified and legitimate purposes, business and professional needs.

In certain instances, in order to achieve the purpose, BABYLON may share your personal data to other service providers or companies within the Philippines or across geographical borders even with other UHY International member firms which are working with us or working on our behalf. Information shared shall be on a need-to-know basis only. We shall require third parties to enter into confidentiality or nondisclosure agreements. We shall be obliged to disclose confidential information if the law and profession explicitly require us to do so.

BABYLON shall neither sell nor transfer your personal data to any third parties to be used for direct marketing.

Retention and Disposal

We shall retain the personal data collected for a period not longer than necessary. Necessary means for the fulfilment of the declared, specified and legitimate purpose or when processing relevant to the purpose has been terminated; for the establishment, exercise or defense of legal claims, which must be consistent with standards followed by the industry or approved by appropriate government agency or as provided by law. In some cases, personal data shall be stored in a database for at least 5 to 10 years after complaints, inquiries, requests are acted upon. For advisories, announcements and marketing thru email, related personal data shall be deleted upon notice of non-subscription. For every communication, a notice to the recipients shall be sent allowing them to unsubscribe.

We also have policies to ensure personal data is disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, which shall prejudice the interests of the data subjects. We also take reasonable steps to destroy or de-identify personal data if it is no longer needed for any purpose. We shred hard copies or permanently delete digital files or anonymized as deemed appropriate.

Supplemental

By communicating with Babylon, using Babylon services, purchasing products and services from Babylon or by virtue of your engagement with Babylon, you acknowledge that you have read and understood this Policy and agree and consent to the use, processing and transfer of your Personal Data by Babylon as described in this Policy.

Babylon shall have the right to modify, update or amend the terms of this Policy at any time by placing the updated Policy on the Websites. By continuing to communicate with Babylon, by continuing to use Babylon’s services, purchasing products/ services from Babylon or by your continued engagement with Babylon following the modifications, updates or amendments to this Policy, such actions shall signify your acceptance of such modifications, updates or amendments.

Personal Data Privacy Security Measures and Breach Management

Our Profession is bound on confidentiality unless required or authorized by law and professional standards. BABYLON implements reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information against any accidental and unlawful destruction, alteration and disclosure, misuse and against any other unlawful processing. These measures include periodic internal reviews of our personal data collection, use, storage, retention, processing and disposal policies and practices. We provide access of personal data to authorized personnel only and observe physical security measures as well.

Despite BABYLON’s best efforts, we could not absolutely guarantee the security against all risks or threats. We have exerted reasonable efforts to limit the access of personal data to those authorized to know. Individuals who were given access primarily our employees/ specialists/ contractors are bound to maintain confidentiality through their non-disclosure agreements.

We shall comply with the relevant provisions of Data Privacy Act of 2012, its IRR, NPCs circulars and advisories on handling personal data security breaches. Within forty-eight (48) hours from discovery, we shall notify the data subject or the involved party that there is an unauthorized use or disclosure of data. We shall require the same from third or external parties.

Data Subjects’ Privacy Rights

BABYLON highly values and protects your privacy rights relative to your personal data. Under most circumstances, you may exercise your right to access, correct any inaccuracy, update or remove your personal data. You may refer to our concerns and feedback for the contact details of our DPO. We shall be amenable within reasonable means to fulfill your requests within the bounds of law, moral or public policy.

Periodic Review and Amendment

BABYLON periodically reviews and if it warrants, modifies its privacy statement to comply with the recent privacy regulations and practices. Any changes shall be incorporated in the statement. When changes are incorporated, we shall also revise the “Last Update Date” portion. As we update it from time to time, you agree to be bound by the prevailing terms of this policy. Thus, we encourage you to take initiative in revisiting our Privacy Statement periodically.

Concerns and Feedback

Should you have questions or feedback or concerns about our privacy statements, our compliance and management of your personal information, feel free to contact our DPO at [email protected]. In the event of any conflict between the English and other language versions, the English version shall prevail.