GCash Porting
Terms & Conditions

The terms and conditions for Porting (“Terms”) serve as an agreement between you (“You”, “the User”) and G-Xchange, Inc. (“GCash”). By triggering the Porting of your data or Instructing GCash to send your data to a Designated Third-Party, who provides products, services, or platforms that operate separately and independently from the GCash App (“Third-Party Products or Services”), you accept and agree to be legally bound by these Terms.

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1. Definitions
   
   1. Designated Third-Party refers to the Party who receives the User’s Personal Data from GCash upon the Instruction of the User.
   2. Instruction refers to the order, command, or direction of the User to Port their Personal Data to a Designated Third-Party, pursuant to their right to Data Portability, prior to applying for, accessing, availing, or using Third-Party Products or Services.
   3. Personal Data refers to the same term as contemplated under Philippine Data Protection Law.
   4. Porting refers to the Process of submitting, forwarding, or sending of a copy of the User’s Personal Data by GCash to a Designated Third-Party in response to the Instruction of the User. The Porting Process is initiated when the User issues an Instruction to Port his/her Personal Data, which may be through an Instruction screen or any other means. The Porting Process is deemed complete upon the delivery by GCash of the User’s Personal Data to the Designated Third-Party.
   5. Process/Processing refers to the same term as contemplated under Philippine Data Protection Law. 
   6. Third-Party Products or Services refer to products, services, or platforms that operate separately and independently from the GCash App.
2. Porting
   
   1. The User confirms that he/she has provided his/her Instruction for GCash to share his/her Personal Data to the Designated Third-Party for the purpose of applying for, availing of, or accessing Third-Party Products or Services. The User further understands and confirms that the Porting of his/her Personal Data is being made upon his/her Instruction and, by virtue of the Instruction, GCash is merely complying with the order of the User to Port his/her Personal Data to the Designated Third-Party.
   2. The User understands and agrees that, under these Terms, GCash is obtaining the User’s Instruction solely for the purpose of Porting his/her Personal Data to the Designated Third-Party. 
      
      1. The User further understands and confirms that GCash is not obtaining his/her consent on behalf of the Designated Third-Party or for how the Designated Third-Party will Process his/her Personal Data subsequent to Porting. The User confirms and understands that GCash is not responsible nor liable for any Personal Data Processing that the Designated Third-Party may perform thereafter.
      2. The User confirms that transactions he/she has with the Designated Third-Party in relation to Third-Party Products or Services shall be subject to that Designated Third-Party’s own terms and conditions.
      3. The User confirms and understands that the Designated Third-Party shall be the responsible controller for all Processing activities subsequent to the Porting, continuing through and beyond the completion of the Porting Process. The User understands that GCash is acting solely as a facilitator of the data Porting and shall not retain any control over or responsibility for the Personal Data during transit or after the Porting. GCash expressly disclaims any role in determining the purposes or means of Processing the User’s Personal Data during transit or any Processing done by the Designated Third-Party subsequent to the Porting.
   3. The User confirms the accuracy and correctness of his/her Personal Data to be Ported at the time of Porting. The User further understands and agrees that GCash shall not be responsible and liable for any inaccurate, incomplete, or outdated information received by the Designated Third-Party.
   4. In the event the User provides Personal Data relating to natural third persons, including information relating to his/her family, dependents, or other persons related by consanguinity or affinity, for the purpose of applying for, availing of, or accessing Third-Party Products or Services, the User confirms that he/she has obtained their consent or are otherwise entitled to provide this information to GCash and share the same to the Designated Third-Party.‍
3. Governing Law and Venue of Litigation
   These Terms shall be governed by, and construed in accordance with, the laws of the Republic of the Philippines. The venue of all suits or legal actions arising in connection with this Agreement shall be exclusively in Taguig City or such other venue as may be solely determined by GCash, to the exclusion of all other venues.‍
4. Non-waiver of Rights
   Failure or delay on the part of GCash or User to exercise its rights or remedies under these Terms and applicable laws shall not operate as a waiver of the same.‍
5. Separability
   If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

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