Philippines
Privacy Notice and Consent Form
Last Updated June 8, 2023
- 1. Definitions
- 2. Personal Data Collected, Used, and Shared
- 3. Organizational Security Obligations and Measures
- 4. Technical Security Measures
- 5. Rights of the Data Subject
- 6. Data Breaches and Security Incidents
- 7. Dispute Resolution and Law
- 8. Outsourcing and Subcontracting
- 9. Summary of Processing Activities
- 10. How to Contact Us
Chapter V - Rights of the Data Subject
As Data Subjects, you have the following rights in connection with the Processing of your Personal Data: the right to be informed, right to object, right to access, right to rectification, right to erasure or blocking, and right to damages. Stockholders, directors, officers, employees, and agents of Brankas are required to strictly respect and obey the rights of the Data Subjects.
Section 5.1
Right to be Informed – You have the right to be informed whether your Personal Data will be, is being, or has been processed. You will be notified and furnished with the information indicated below before the entry of your Personal Data into our records:
- Description of the Personal Data to be entered into the system;
- Brankas identity as a personal data controller;
- Purposes for which they are being or will be processed, including Processing for direct marketing, profiling, or historical, statistical, or scientific purposes;
- Basis of Processing, when Processing is not based on your consent;
- Scope and method of Personal Data Processing;
- The recipients to whom the Personal Data are or may be disclosed or shared;
- Methods utilized for automated access, if you allow the same, 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 you;
- The period for which the Personal Data will be stored; and
- The existence of your rights as a Data Subject, including the right to access, correct, and object to the Processing.
Section 5.2
Right to Object - You have the right to object to the Processing of your Personal Data, including Processing for direct marketing, automated Processing, or profiling. You will also be notified and given an opportunity to withhold consent to the Processing in case of changes to the information supplied or declared to you in the preceding section.
When you object or withhold consent, we will no longer process your Personal Data, unless:
- The Personal Data is collected or processed under a legal process or needed to comply with a legal obligation; or
- The Processing is for obvious purposes, including when it is necessary for the performance of or concerning a contract to which you are a party, or when necessary or desirable in the context of an employer-employee relationship between you and us.
Section 5.3
Right to Access – You have the right to reasonable access to, upon demand, the following, if such information is available to us:
- Contents of your Personal Data that were processed;
- Sources from which Personal Data were obtained;
- Names and addresses of recipients of the Personal Data;
- Manner by which your Personal Data were processed;
- Reasons for the disclosure of the Personal Data to recipients;
- Information on automated processes where the Personal Data will, or is likely to, be made as to the sole basis for any decision that significantly affects or will affect you; and
- Date when Personal Data concerning you were last accessed and modified.
Section 5.4
Right to Rectification – You have the right to dispute the inaccuracy or rectify the error in your Personal Data, and we will correct it immediately and accordingly unless the request is vexatious or otherwise unreasonable. If the Personal Data has been corrected, we will ensure accessibility of both the new and the retracted Personal Data and the simultaneous receipt of the new and the retracted Personal Data to the intended recipients. In connection with this, recipients or third parties who have previously received such processed Personal Data will be informed of its inaccuracy and rectification upon reasonable request.
Section 5.5
Right to Erasure or Blocking/Delisting - You have the right to suspend, withdraw, or order the blocking, delisting, removal, or destruction of your Personal Data from our system. This right may be exercised upon discovery and substantial proof of any of the following:
- The Personal Data is incomplete, outdated, false, or unlawfully obtained;
- The Personal Data is being used for purposes not authorized by you;
- The Personal Data is no longer necessary for the purpose for which they were collected;
- The Personal Data concerns private information that is prejudicial to you or other Data Subjects unless justified by freedom of speech, expression, or authorized by law;
- The Processing is unlawful;
- You or other Data Subjects' rights have been violated; or
- You withdraw consent or object to the Processing, and there is no other legal ground or overriding legitimate interest for us to continue the Processing;
We will notify third parties who have previously received such processed Personal Data that you have withdrawn consent or objected to the Processing thereof upon reasonable request.
Section 5.6
Right to Object – The Data Subject reserves the right to object to decision-making actions based solely on the automated processing of a person’s profile(profiling).
Section 5.7
Right to Indemnification – The Data Subject reserves the right to sue and receive damages for the breach of his/her Personal Data in accordance with the provisions of the laws and regulations.
Section 5.8
Transmissibility of Rights of Data Subjects – Your lawful heirs and assigns may invoke your rights as the Data Subject at any time after your death, or when you become incapacitated or incapable of exercising your rights.
Section 5.9
Data Portability – When we process your Personal Data through electronic means and in a structured and commonly used format, you will have the right to obtain a copy of such data in an electronic or structured format that is commonly used and allows for your further use. The exercise of this right will primarily take into account your right to have control over your Personal Data being processed based on consent, for commercial purposes, or through automated means.