Privacy Policy

(For Users and Participating Drivers)

KuKu Express Solutions Inc.

KuKu Express Solutions, Inc. (“KuKu Express”) is committed to the secure processing of the personal data it acquires from or pertaining to the users of its website (“Website”), mobile device software application (“KuKu Express App”) and/or services (“Users” or, individually, “User”), as well as licensed drivers who install the KuKu Express App on a mobile device, and have been accredited with KuKu Express as part of a pool of drivers who may be willing, at their sole discretion, to provide pick-up, transportation of parcels, and delivery services as well as any add-on services (“Private Carrier Services”) to a User (“Participating Drivers”). In this regard, KuKu Express shall ensure that its processing of such personal data is in accordance with the Data Privacy Act of 2012 (“DPA”), its Implementing Rules and Regulations (“DPA IRR”), issuances of the National Privacy Commission (“NPC”) and other applicable laws and regulations on data privacy.  This Privacy Policy (For Users and Participating Drivers) is in line with KuKu Express’s commitment to the protection of privacy rights.

This Privacy Policy (For Users and Participating Drivers) outlines the terms under which KuKu Express processes the personal data of the Users and Participating Drivers and how such personal data is stored, used, retained, shared and accessed. This Privacy Policy (For Users and Participating Drivers) likewise informs the Users and Participating Drivers of their rights and remedies as data subjects, and the measures KuKu Express undertakes for the protection of their personal information.

By agreeing to the terms and conditions of this Privacy Policy (For Users and Participating Drivers), the User and/or Participating Driver expressly consents to the collection, use, disclosure and all other forms of processing of his/her personal data as provided in this Privacy Policy (For Users and Participating Drivers).

A. Personal information collected or otherwise processed by KuKu Express

KuKu Express collects and processes personal data from or pertaining to the User and/or Participating Driver when the User and/or Participating Driver registers on the Website, downloads or registers through the KuKu Express App, is accredited as a Participating Driver by KuKu Express, or avails of KuKu Express’s services whether through the Website or the KuKu Express App in order to avail of Private Carrier Services from Participating Drivers or provide Private Carrier Services to Users.

Such personal data from or pertaining to the User are as follows:

  1. Name;
  2. Mobile or landline number;
  3. Residential/office/billing address or location;
  4. E-mail address;
  5. Credit card or debit card number;

Such personal data from or pertaining to the Participating Driver are as follows:

  1. Name;
  2. Mobile or landline number;
  3. Residential/office/billing address or location of the Participating Driver through the tracking of the booked vehicle(s);
  4. Driver’s License details;
  5. Other relevant government-issued ID details including but not limited to NBI or Police Clearance
  6. E-mail address;
  7. Credit card or debit card number;
  8. Average Monthly Income
  9. Date of birth

Users and Participating Drivers accept that KuKu Express or its authorized service providers, third party vendors, contractors, subcontractors, agents and corporate partners (“Third Parties”), as well as said Third Parties’ member companies, affiliates and/or service providers, may use cookies to store information on the Users and Participating Drivers in order to provide Users and Participating Drivers with a customized and more efficient experience in accessing or using the Website and/or the KuKu Express App.

If a User and/or Participating Driver provides the personal data of a third party to KuKu Express, the User or Participating Driver warrants that the required consent from the third party concerned was secured by the User and/or Participating Driver prior to providing the personal data pertaining to said third party to KuKu Express.

B. Purpose of collection and other processing of personal information by KuKu Express

KuKu Express collects and otherwise processes the above personal data for the following purposes:

  1. To publish a User’s proposal to engage the services of a Participating Driver, which include Private Carrier Services of the User’s package/s, parcel/s, delivery item/s or part thereof (“Shipment”) for compensation to be determined in accordance with the prevailing rates on the Website or the KuKu Express App (“Order”), depending on which platform is used to place the Order;
  2. To confirm or clarify an Order;
  3. To track the booked vehicles;
  4. To determine compliance with the User’s or Participating Drivers’ Terms and Conditions (https://www.KuKu Express.com/en-ph-driver-terms);
  5. To address Users’ complaints against the Participating Driver concerned;
  6. To verify the truthfulness of the personal data provided;
  7. To facilitate the availment and monitoring of the discounted products and services, special promotions and other benefits (the “Benefits”) by Users or Participating Drivers from KuKu Express and/or KuKu Express’s corporate and institutional partners;
  8. To facilitate Users’ use of the Private Carrier Services;
  9. To facilitate Participating Drivers’ provision of the Private Carrier Services;
  10. To facilitate Users’ and Participating Drivers’ use of and access to the Website and/or the KuKu Express App;
  11. To administer Users’ and Participating Drivers’ accounts;
  12. To facilitate Users’ payment for their Orders;
  13. To facilitate Participating Drivers’ receipt of their eighty percent (80%) share from successfully completed Orders;
  14. To provide Users updates on the fulfillment of Users’ Orders;
  15. To customize Users’ and Participating Drivers’ access to and use of the Website and/or the KuKu Express App;
  16. To carry out research on Users’ and Participating Drivers’ demographics, behavior as consumer and individual preferences;
  17. To monitor Users’ and Participating Drivers’ use of the Website and/or the KuKu Express App;
  18. To comply with the orders or regulations of enforcement agencies, judicial and quasi-judicial bodies, or other competent government authority;
  19. To fulfill the legitimate objectives of KuKu Express as a duly registered corporation, including any and all contractual obligations that KuKu Express may have entered into that are necessary or directly related to the services provided, the performance of which being at all times consistent with the DPA and the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy;
  20. To protect Users and Participating Drivers;
  21. To establish, exercise or defend legal claims in favor of or against KuKu Express;
  22. To prevent fraud and illegal activities;
  23. To provide information on promos or discounts;
  24. To market KuKu Express’s services;
  25. To fulfill any purpose directly related to the above purposes 

C. KuKu Express’s processing of Users’ and Participating Drivers’ personal information

Apart from collecting Users’ and Participating Drivers’ personal data, KuKu Express shall engage in all other forms of processing, such as recording, organization, storage, updating, modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of personal data.

KuKu Express’s processing may be performed manually or through automated means.

D. Sharing of Participating Drivers’ personal information by KuKu Express

KuKu Express may share Users’ and Participating Drivers’ personal data to third parties for the fulfillment of any of the purposes enumerated above or, in extraordinary circumstances, when KuKu Express believes that the sharing of such personal data is necessary to prevent a threat to the life or health of another. Such third parties include but are not limited to the following:

  1. Users and Participating Drivers;
  2. Subsidiaries, parent company or other related companies;
  3. Service providers who provide technical, operational and/or logistical support for all functions necessary, desirable to or in any manner related to the business of KuKu Express;
  4. Courts, quasi-judicial agencies and tribunals, as a response to an order, subpoena or other legal processes;
  5. Law enforcement personnel, government agencies and other state entities in the exercise of their investigative or regulatory powers;
  6. Entities engaged by KuKu Express to assist in establishing, exercising or defending legal claims or protecting KuKu Express’s rights and assets;
  7. Corporate and institutional partners;

In all instances where the sharing of personal data is for commercial purposes, KuKu Express shall ensure that the same is covered by a data sharing agreement which shall establish, or oblige the Personal Information Controller (“PIC”) or Personal Information Processor (“PIP”) to whom the User’s and Participating Driver’s personal data will be shared to establish, organizational, physical and technical safeguards for data privacy and security no less than those provided in this Privacy Policy (For Users and Participating Drivers), which in all instances shall comply with the DPA, the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy.  

Before a User’s and Participating Driver’s personal data is shared, KuKu Express shall obtain the User’s and Participating Driver’s consent and provide the Participating Driver with the following information:

  1. Identity of the PIC or PIP to whom the User’s and Participating Driver’s personal information will be shared;
  2. Purpose of the data sharing;
  3. Categories of personal data to be shared;
  4. Intended recipients or categories of recipients of the personal data;
  5. Existence of the User’s and Participating Driver’s rights as a data subject under the DPA, the DPA IRR, issuances of the NPC, other applicable laws and regulations on data privacy and the data sharing agreement between KuKu Express and the PIC or PIP to whom the Participating Driver’s personal data will be shared; and
  6. Other information that would sufficiently notify the User and Participating Driver of the nature and extent of the data sharing involved and the manner of the processing of his/her personal data.

E. Cookies
Please refer to our Cookie Policy which can be obtained here.

F. Outsourcing by KuKu Express of the processing of Users’ and Participating Drivers’ personal information

KuKu Express may engage a third party to process Participating Drivers’ personal data. Such engagement will be covered by an outsourcing agreement mandating said third party to put in place the organizational, physical and technical measures no less than those provided in this Privacy Policy (For Users and Participating Drivers), which in all instances shall comply with the DPA, the DPA IRR, issuances of the NPC and other applicable laws and regulations on data privacy.  

KuKu Express guarantees that it will not sell Users’ and Participating Drivers’ personal data.

G. KuKu Express’s storage and retention of Users’ and Participating Drivers’ personal data

Users’ and Participating Drivers’ personal data collected or otherwise processed by KuKu Express shall be stored in secure online storage platforms, protected cloud infrastructure and on-site drives of KuKu Express. Users’ and Participating Drivers’ personal data collected or otherwise processed by KuKu Express shall be stored in secure online storage platforms, protected cloud infrastructure and on-site drives of KuKu Express which are only accessible to KuKu Express employees. KuKu Express uses industry-standard encryption to provide protection for the information and requires users and drivers to verify their identity through their log-in username and password before they can amend information on their accounts.  Physical copies of said personal data, if any, shall be stored in KuKu Express’s offices in secure and monitored rooms accessible only to duly authorized personnel.

KuKu Express will retain Users’ and Participating Drivers’ personal data for as long as the purposes for which they are being processed are not accomplished.

H. Users’ and Participating Drivers’ access to their personal information

Users and Participating Drivers who wish to access their personal data collected or otherwise processed by KuKu Express may e-mail KuKu Express’s Data Protection Officer (“DPO”), through his/her e-mail below, to request copies of said personal data or acquire information on KuKu Express’s use, sharing, other disclosure or other processing of the said data within a particular period.

KuKu Express shall, however, require proof of a User’s or Participating Driver’s identity before granting access to said information. KuKu Express reserves the right to take reasonable measures to further confirm a Participating Driver’s identity before granting access.

KuKu Express reserves the right to charge a reasonable fee for the retrieval and reproduction of the Participating Driver’s personal data or information on KuKu Express’s use, sharing, other disclosure or other processing of the Participating Driver’s personal data within the requested period.

I. Other rights of the Users and Participating Drivers as data subjects

Users and Participating Drivers have the right to correct, update or otherwise modify their personal data as collected and processed by KuKu Express. Users and Participating Drivers may correct, update or otherwise modify such personal data by accessing their account through the Website or the KuKu Express App.

Users and Participating Drivers also have the right to withdraw their consent to the processing of their personal data, object thereto and/or demand that said data be erased from KuKu Express’s records. The Users and Participating Drivers understand that the withdrawal of their consent, objection to KuKu Express’s processing and/or demand for erasure may mean that KuKu Express may be unable to provide its services to the Participating Drivers withdrawing such consent, objecting to KuKu Express’s processing or demanding erasure of their personal data from KuKu Express’s records.

To exercise any of the above rights, Users and Participating Drivers may e-mail KuKu Express’s DPO, through his/her e-mail below. If KuKu Express is unable or unwilling to acknowledge these rights or give them due course, Users and Participating Drivers may file a complaint before the NPC.

J. KuKu Express’s protection of Users’ and Participating Drivers’ personal data

KuKu Express implements the organizational, physical and technical measures provided in the DPA, DPA IRR, issuances of the NPC and other applicable laws or regulations on data privacy for the protection of Participating Drivers’ personal data. KuKu Express restricts access of its employees, other than those specifically authorized, to Users’ and Participating Drivers’ personal information.

KuKu Express employs a dedicated information technology team to protect its Users’ and Participating Drivers’ personal data. KuKu Express maintains technological safeguards to prevent unauthorized access to Participating Drivers’ personal data. KuKu Express ensures that credit card information is processed by PCI-certified merchants/payment providers.

KuKu Express undertakes to constantly assess and improve upon its data protection measures to ensure the safety and integrity of the personal data it processes.

For complaints, queries or concerns regarding KuKu Express’s processing of Users’ or Participating Drivers’ personal data, Users or Participating Drivers may find the contact details here.

This Privacy Policy (For Users and Participating Drivers) may be updated from time to time. Please refer to this page to be informed of any changes to this Privacy Policy (For Users and Participating Drivers). This Privacy Policy (For Users and Participating Drivers) was last updated on 11 September 2019 .