PRIVACY POLICY

GIGAMARE INC DATA PRIVACY STATEMENT


  1. DEFINITIONS

    1. Data Privacy Act or DPA refers to Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.
    2. Data Subject refers to an individual whose Personal Information, Sensitive Personal Information, or Privileged Information is processed.
    3. Company refers to GigaMare Inc.
    4. Personal Data collectively refers to Personal Information, Sensitive Personal Information, and Privileged Information.
    5. Personal Information refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
    6. Processing refers to any operation or set of operations performed upon Personal Data including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. Processing may be performed through automated means, or manual processing, if the Personal Data are contained or are intended to be contained in a filing system.
    7. Privileged Information refers to any and all forms of Personal Data, which, under the Rules of Court and other pertinent laws constitute privileged communication.
    8. Security Incident is an event or occurrence that affects or tends to affect data protection, or may compromise the availability, integrity and confidentiality of Personal Data. It includes incidents that would result to a personal data breach, if not for safeguards that have been put in place.
    9. Sensitive Personal Information refers to Personal Data:

      1. About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
      2. About an individual’s health, education, genetic or sexual life, or to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings;
      3. Issued by government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns.
  2. ORGANIZATIONAL SECURITY MEASURES

    • 2.1    DATA PROTECTION OFFICER

      A Data Protection Officer (“DPO”) shall be appointed by the Company. The DPO is responsible for ensuring the Company’s compliance with applicable laws and regulations for the protection of data privacy and security. The functions and responsibilities of the DPO shall particularly include, among others:

      1. monitoring the Company’s Personal Data Processing activities in order to ensure compliance with applicable Personal Data privacy laws and regulations, including the conduct of periodic audits and review to ensure that all the Company’s data privacy policies are adequately implemented by its employees and authorized agents;
      2. acting as a liaison between the Company and the regulatory and accrediting bodies, and is in charge of the applicable registration, notification, and reportorial requirements mandated by the Data Privacy Act, as well any other applicable data privacy laws and regulations;
      3. developing, establishing, and reviewing policies and procedures for the exercise by Data Subjects of their rights under the Data Privacy Act and other applicable laws and regulations on Personal Data privacy;
      4. acting as the primary point of contact whom Data Subject may coordinate and consult with for all concerns relating to their Personal Data;
      5. formulating capacity building, orientation, and training programs for employees, agents or representatives of the Company regarding Personal Data privacy and security policies;
      6. preparing and filing the annual report of the summary of documented security incidents and Personal Data breaches, if any, as required under the Data Privacy Act, and of compliance with other requirements that may be provided in other issuance of the National Privacy Commission.
    • 2.2    DATA PRIVACY PRINCIPLES

      All Processing of Personal Data within the Company should be conducted in compliance with the following data privacy principles as espoused in the Data Privacy Act:

      1. Transparency. The Data Subject must be aware of the nature, purpose, and extent of the Processing of his or her Personal Data by the Company, including the risks and safeguards involved, the identity of persons and entities involved in Processing his or her Personal Data, his or her rights as a Data Subject, and how these can be exercised. Any information and communication relating to the Processing of Personal Data should be easy to access and understand, using clear and plain language.
      2. Legitimate purpose. The Processing of Personal Data by the Company shall be compatible with a declared and specified purpose which must not be contrary to law, morals, or public policy.
      3. Proportionality. The Processing of Personal Data shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose. Personal Data shall be processed by the Company only if the purpose of the Processing could not reasonably be fulfilled by other means.
    • 2.3    DATA PROCESSING RECORDS

      Adequate records of the Company’s Personal Data Processing activities shall be maintained at all times. The DPO, with the cooperation and assistance of all departments involved in the Processing of Personal Data, shall be responsible for ensuring that these records are kept up-to-date. These records shall include, at the minimum:

      1. information about the purpose of the Processing of Personal Data, including any intended future Processing or data sharing;
      2. a description of all categories of Data Subjects, Personal Data, and recipients of such Personal Data that will be involved in the Processing;
      3. general information about the data flow within the Company, from the time of collection and retention, including the time limits for disposal or erasure of Personal Data;
      4. a general description of the organizational, physical, and technical security measures in place within the Company; and
      5. the name and contact details of the DPO, Personal Data processors, as well as any other staff members accountable for ensuring compliance with the applicable laws and regulations for the protection of data privacy and security.
    • 2.4    MANAGEMENT OF PERSONAL DATA

      The DPO, with the cooperation of the Company’s Integrated Management System (hereon IMS) team and departments, shall develop and implement measures to ensure that persons who have access to Personal Data will process such data in compliance with the requirements of the Data Privacy Act and other applicable laws and regulations. These measures may include drafting new or updated relevant policies of the Company and conducting training programs to educate Company employees on data privacy related concerns.

      The DPO, with the assistance of IMS Team and departments, shall ensure that Company shall obtain the Data Subjects informed consent, evidenced by written, electronic or recorded means, to:

      1. The Processing of his or her Personal Data, for purposes of maintaining the Company’s records; and
      2. A continuing obligation of confidentiality on the Company employee part in connection with the Personal Data that he or she may encounter during the period of stay with the Company.
    • 2.5    DATA COLLECTION PROCEDURES

      The DPO, with the assistance of the Company’s IMS Team and any other departments of the Company responsible for the Processing of Personal Data, shall document the Company’s Personal Data Processing procedures. The DPO shall ensure that such procedures are updated and that the consent of the Data Subjects (when required by the DPA or other applicable laws or regulations) is properly obtained and evidenced by written, electronic or recorded means. Such procedures shall also be regularly monitored, modified, and updated to ensure that the rights of the Data Subjects are respected, and that Processing thereof is done fully in accordance with the DPA and other applicable laws and regulations
    • 2.6    DATA RETENTION SCHEDULE

      Subject to applicable requirements of the DPA and other relevant laws and regulations, Personal Data shall not be retained by the Company for a period longer than necessary and/or proportionate to the purposes for which such data was collected. The DPO, with the assistance of the Company’s IMS Team and any other departments of the Company responsible for the Processing of Personal Data, shall be responsible for developing measures to determine the applicable data retention schedules, and procedures to allow for the withdrawal of previously given consent of the Data Subject, as well as to safeguard the destruction and disposal of such Personal Data in accordance with the DPA and other applicable laws and regulations.
  3. PHYSICAL SECURITY MEASURES

    The DPO, with the assistance of IMS Team and Company departments, shall develop and implement policies and procedures for the Company to monitor and limit access to cabinets, rooms and IT systems where Personal Data is processed, including guidelines that specify the proper use of, and access to, electronic media.

    The duties and responsibilities of individuals involved in the Processing of Personal Data shall be defined. Further, the rooms and workstations used in the Processing of Personal Data shall, as far as practicable, be secured against natural disasters, power disturbances, external access, and other similar threats.
  4. TECHNICAL SECURITY MEASURES

    The DPO, with the cooperation and assistance of IMS Team and departments, shall continuously develop and evaluate the Company’s security policy with respect to the Processing of Personal Data. The security policy should include the following minimum requirements:

    1. safeguards to protect the Company’s computer network and systems against accidental, unlawful, or unauthorized usage, any interference which will affect data integrity or hinder the functioning or availability of the system, and unauthorized access;
    2. the ability to ensure and maintain the confidentiality, integrity, availability, and resilience of the Company’s data processing systems and services;
    3. regular monitoring for security breaches, and a process both for identifying and accessing reasonably foreseeable vulnerabilities in the Company’s computer network and system, and for taking preventive, corrective, and mitigating actions against security incidents that can lead to a Personal Data breach;
    4. the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
    5. a process for regularly testing, assessing, and evaluating the effectiveness of security measures; and
    6. encryption of Personal Data during storage and while in transit, authentication process, and other technical security measures that control and limit access thereto.
  5. RIGHTS OF THE DATA SUBJECT

    As provided under the DPA, Data Subjects have the following rights in connection with the Processing of their Personal Data: right to be informed, right to object, right to access, right to rectification, right to erasure or blocking, and right to damages. Employees of the Company are required to respect and obey the rights of the Data Subjects. The DPO, with the assistance of IMS Team and departments shall be responsible for monitoring such compliance.

    • 5.1    RIGHT TO BE INFORMED

      The Data Subject has the right to be informed whether Personal Data pertaining to him or her shall be, are being, or have been processed.

      The Data Subject shall be notified and furnished with information indicated here-under before the entry of his or her Personal Data into the records of the Company, or at the next practical opportunity:

      1. description of the Personal Data to be entered into the system;
      2. purposes for which they are being or will be processed, including Processing for direct marketing, profiling or historical, statistical or business purpose;
      3. basis of Processing, when Processing is not based on the consent of the Data Subject;
      4. scope and method of the Personal Data Processing;
      5. the recipients or classes of recipients to whom the Personal Data are or may be disclosed or shared;
      6. methods utilized for automated access, if the same is allowed by the Data Subject, and the extent to which such access is authorized, including meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for the Data Subject;
      7. the identity and contact details of the DPO;
      8. the period for which the Personal Data will be stored; and
      9. the existence of their rights as Data Subjects, including the right to access, correction, and to object to the Processing.
    • 5.2    RIGHT TO OBJECT

      The Data Subject shall have the right to object to the Processing of his or her Personal Data, including Processing for direct marketing, automated Processing or profiling. The Data Subject shall also be notified and given an opportunity to withhold consent to the Processing in case of changes or any amendment to the information supplied or declared to the Data Subject in the preceding paragraph.

      When a Data Subject objects or withholds consent, the Company shall no longer process the Personal Data, unless:

      1. the Personal Data is needed pursuant to a subpoena;
      2. the Processing is for obvious purposes, including, when it is necessary for the performance of or in relation to a contract or service to which the Data Subject is a party, or when necessary or desirable in the context of an employer-employee relationship between the Company and the Data Subject; or
      3. the Personal Data is being collected and processed to comply with a legal obligation.
    • 5.3    RIGHT TO ACCESS

      The Data Subject has the right to reasonable access to, upon demand, the following:

      1. Contents of his or her Personal Data that were processed;
      2. Sources from which Personal Data were obtained;
      3. Names and addresses of recipients of the Personal Data;
      4. Manner by which his or her Personal Data were processed;
      5. Reasons for the disclosure of the Personal Data to recipients, if any;
      6. Information on automated processes where the Personal Data will, or is likely to, be made as the sole basis for any decision that significantly affects or will affect the Data Subject;
      7. Date when Personal Data concerning the Data Subject were last accessed and modified; and
      8. The designation, name or identity, and address of the DPO.
    • 5.4    RIGHT TO RECTIFICATION

      The Data Subject has the right to dispute the inaccuracy or rectify the error in his or her Personal Data, and the Company shall correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the Personal Data has been corrected, the Company shall ensure the accessibility of both the new and the retracted Personal Data and the simultaneous receipt of the new and the retracted Personal Data by the intended recipients thereof: Provided, That recipients or third parties who have previously received such processed Personal Data shall be informed of its inaccuracy and its rectification, upon reasonable request of the Data Subject.
    • 5.5    RIGHT TO ERASURE OR BLOCKING

      The Data Subject shall have the right to suspend, withdraw, or order the blocking, removal, or destruction of his or her Personal Data from the Company’s filing system.

      1. This right may be exercised upon discovery and substantial proof of any of the following:

        1. The Personal Data is incomplete, outdated, false, or unlawfully obtained;
        2. The Personal Data is being used for purpose not authorized by the Data Subject;
        3. The Personal Data is no longer necessary for the purposes for which they were collected;
        4. The Data Subject withdraws consent or objects to the Processing, and there is no other legal ground or overriding legitimate interest for the Processing by the Company;
        5. The Personal Data concerns private information that is prejudicial to Data Subject, unless justified by freedom of speech, of expression, or of the press or otherwise authorized;
        6. The Processing is unlawful; or
        7. The Data Subject’s rights have been violated.
      2. The DPO may notify third parties who have previously received such processed Personal Data that the Data Subject has withdrawn his or her consent to the Processing thereof upon reasonable request by the Data Subject.
    • 5.6    TRANSMISSIBILITY OF RIGHTS OF DATA SUBJECTS

      The lawful heirs and assigns of the Data Subject may invoke the rights of the Data Subject to which he or she is an heir or an assignee, at any time after the death of the Data Subject, or when the Data Subject is incapacitated or incapable of exercising his/her rights.
    • 5.7    DATA PORTABILITY

      Where his or her Personal Data is processed by the Company through electronic means and in a structured and commonly used format, the Data Subject shall have the right to obtain a copy of such data in an electronic or structured format that is commonly used and allows for further use by the Data Subject. The exercise of this right shall primarily take into account the right of Data Subject to have control over his or her Personal Data being processed based on consent or contract, for commercial purpose, or through automated means. The DPO and IMS Team shall regularly monitor and implement the National Privacy Commission’s issuances specifying the electronic format referred to above, as well as the technical standards, modalities, procedures and other rules for their transfer.
  6. DATA BREACHES & SECURITY INCIDENTS

    Company follows NPC Circular 16-03, dated 15 December 2016, Subject: Personal Data Breach Management.

    End of Document