Aboitiz Construction, Inc's Data Privacy Statement
We would like to inform you of our Company’s commitment to compliance with the Data Privacy Act of 2012, its Implementing Rules and Regulations, and our Company data privacy and protection policies we have adopted internally. This Data Privacy Statement (“DPS”) informs you, how we collect, use, store, and process your personal data with us. We adhere to the data privacy principles of (1) legitimate purpose – we only process upon your consent, in compliance with law or contract; (2) transparency – we notify you about everything that happens to your data; and (3) proportionality – collection is limited based on purpose.
This DPS applies to our customers whether as: (1) current, past, and prospective customers as individuals or corporations; or (2) non-clients – services we provide; applicants, visitors or inquirers at offices, project sites and online channels; ultimate beneficial owners, directors or representatives of corporate clients; and such other persons involved in the services – and transactions with us or with our customers.
From time to time, it may be necessary for you to provide personal data in connection with your visits to our company website and portals, our offices, with your direct or indirect dealings with our Company, our officers and employees, and in your browsing activities through any of our website or mobile applications, as an investor, a shareholder, job applicant or in any relevant capacity.
THE PERSONAL DATA WE COLLECT
1. Identification Data: refers to Personal Data and Sensitive Personal Data we collect when you sign up or register to our services such as full legal name, gender, date of birth, nationality, civil status, permanent address, present address, tax identification number and other government-issued identification numbers, mobile number, home number, office contact details, company name, job position or rank, office address, and such other information necessary to conduct due diligence and comply with laws, rules and regulations.
2. Biometric Data: subject to limitations imposed by law, data processed for identity verification using: (1) facial recognition technology; (2) liveness detection mechanisms; and (3) fingerprint recognition applications.
3. Transactional Data: linkable information to your Personal Data such as (1) financial statements; (2) information when you contact us through our official channels such as branches, contact centers, web and mobile platforms;
4. Behavioral Data: this refers to your online behavior, segment, the internet protocol addresses of your devices used to access our applications, and supplier behavior we collect as part of due diligence, to prevent fraudulent conduct, and comply with laws, rules and regulations.
5. Audio Visual Data: for security and improvement of our services, we process audio and video recordings of your interactions with us and surveillance videos at offices and/or project sites, subject to limitations imposed by law.
6. Sensitive Personal Data: we may require the following Sensitive Personal Data: (1) your religion when you apply with us; (2) for verification, your government-issued identification numbers or cards such as passport or driver’s license ID; or (3) any information that is necessary, incidental to contractual agreement or in connection with a requested service.
7. Relevant Individuals: upon your authorization, we may collect information about family members, beneficiaries, attorneys, attorneys-in-fact, shareholders, beneficial owners whenever applicable, persons under any trust, trustees, partners, committee members, directors, officers or authorized signatories, guarantors, other security and other individuals.
The foregoing data are collectively referred to as “Personal Data.”
When you visit our websites, other information that may also constitute Personal Data, such as your browser type, operating system, IP address, domain name, number of times and dates you visited the website, and the amount of time you spent browsing through the website, may be collected via cookies and other tracking technologies, such as transparent GIF files. Aggregate Information, or non-personally identifiable and anonymous data, such as how many times you log onto our websites may also be collected.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Cookies allow websites to recognize your computer when you return, enabling it to display personalized settings and other user preferences. It also allows websites to respond to you as an individual. The websites and apps can tailor operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being visited. This helps us to analyze data about web page traffic and to improve our website in order to tailor it to your needs. We only use this information for statistical analysis purposes after which, the data is removed from the system.
In general, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
HOW WE USE THE PERSONAL DATA WE COLLECT
When necessary, we request for your Personal Data for us to understand your needs and provide you with a better service, and in particular for the following purposes:
1. Establishing your identity and qualification as a job applicant;
2. Complying with the due diligence requirements in transactions with lenders, creditors or financial institutions;
3. Complying with the reportorial obligations of the Philippine Contractors Accreditation Board (PCAB) and other self-regulating organizations that oversee the company;
4. Complying with the requirements of regulatory agencies and instrumentalities of the government including, but not limited, to the Securities and Exchange Commission (SEC) and Bureau of Internal Revenue (BIR);
5. Collecting and analyzing collective investor or shareholder data or information, and conducting statistical analysis to improve the services to be provided to you including the expeditious response to your concerns and queries, and to ensure that the services to be provided to you as an investor or a stockholder of record are based on accurate and appropriate information; and
6. Complying with and responding to legal processes or lawful orders of any judicial or quasi-judicial bodies.
SECURITY AND RETENTION OF PERSONAL DATA
We are committed to ensuring that your Personal Data is kept secure. We have implemented suitable and adequate organizational, physical and technical security measures, policies and procedures intended to reduce the risks of accidental destruction or loss, or the unauthorized disclosure or access to such information which are appropriate and adequate to the nature of the Personal Data we collect.
We may retain your Personal Data only for as long as necessary for legitimate business purposes, to comply with laws, regulations, or lawful court order, or to establish or defend a legal action.
DISCLOSURE OF PERSONAL DATA
We may share with or disclose your Personal Data to:
1. Any of our affiliate or subsidiary only for the purposes we have collected your Personal Data;
2. Any consultant, adviser, auditor, contractor, sub-contractor, or service provider we engaged to carry out functions or activities related to our legitimate business activities;
3. Any person to whom we propose to assign or transfer any of its rights and/or duties;
4. Any court of law or administrative agency of the government pursuant to a lawful order issued in relation to a pending case or proceeding before such court or agency;
5. Our lenders or creditors, underwriters, as well as the consultant, adviser or, auditor of the foregoing;
6. Your lawyer, attorney-in-fact, or duly authorized agent or representative, upon presentation of a duly executed special power of attorney;
7. Any regulatory, quasi-judicial or judicial authority, or as otherwise considered necessary or appropriate for our legitimate business purposes.
Any access to Personal Data will be limited to the person who require your Personal Data to perform the functions for which personal information has been collected, and as required or allowed by law. We do not sell, trade, or otherwise transfer your Personal Data to third parties. If shared, we will, at your request, provide you with details of the companies with whom we have shared your Personal Data.
NOTIFICATION OF CHANGES
We may amend or update this privacy statement from time to time as may be necessary. We recommend that you check this privacy notice every time we advise you of any change.
REQUESTS, ACCESS, RECOURSE AND QUESTIONS REGARDING THIS PRIVACY STATEMENT
You are entitled to request that we:
1. Provide you with a copy of your Personal Data that we hold and inform you of:
(a) the source of your Personal Data;
(b) the purposes and methods of processing;
(c) the data controller’s identity; and
(d) the entities or categories of entity with whom your Personal Data may be shared;
2. Cease processing your Personal Data, in whole or in part, as you direct us, for any purpose, save to the extent it is lawful to do so without consent under the Data Privacy Act of 2012;
3. Do not transfer your Personal Data to third parties for the purposes of direct marketing or any other purposes you have not consented to;
4. Correct any errors in your Personal Data; and
5. Update your Personal Data as required.
If you have questions, concerns or complaints regarding our compliance with the Data Privacy Act of 2012 or if you wish to exercise your rights to access, rectification, object, portability or deletion in instances allowed under the law, you may contact us through our Data Privacy Officer by way of any of the following channels:
Mail: Leah Lara M. Bardoquillo — San Miguel
Aboitiz Construction, Inc.
Aboitiz Corporate Center Gov. Manuel Ave
Tel. No.: (6332) 411 1800 local 21729
We will make every reasonable effort to correct, update and respond to your request promptly, unless we require further information from you in order to fulfill your request, and in each case, subject to legal and other permissible considerations. We will also investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal data in accordance with the Data Privacy Act of 2012, its Implementing Rules and Regulations, and other data privacy and protection policies we have put in place. You may bring to the National Privacy Commission any complaint that cannot be resolved with us directly.