Privacy Policy

KMC MAG Solutions, Inc.
DATA PRIVACY MANUAL

Introduction

KMC MAG Solutions, Inc. (KMC) respects and values data privacy rights, and makes sure that all personal data collected from employees, clients and vendors, are processed following the general principles of transparency, legitimate purpose, and proportionality. This Manual provides information on the KMC’s data protection and security measures and may serve as a guide for the exercising of a Data Subject’s rights under the Republic Act No. 10173, also known as the Data Privacy Act of 2012 (DPA) and when applicable, the European Union’s General Data Protection Regulation 2016/679 (GDPR).

Privacy laws aim to protect personal data in information and communications systems. Under the DPA and the GDPR, KMC is processing personal data and has policies, and implements measures and procedures that guarantee the safety and security of personal data under control
or custody, thereby upholding an individual’s data privacy rights. KMC takes reasonable and appropriate measures to protect personal data against dangers such as accidental loss or destruction, unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

To inform its personnel of such measures, KMC has prepared this Privacy Manual. This Manual guides personnel for compliance with the DPA, its Implementing Rules and Regulations (IRR), other relevant issuances of the National Privacy Commission (NPC) and if applicable, the GDPR. It also describes the privacy and data protection protocols to be observed and carried out for specific circumstances (e.g., from collection to destruction), to protect the rights of data subjects.

Definition of Terms

“Data Subject” – refers to an individual whose personal, sensitive personal or privileged information is processed by the organization. It may refer to officers, employees, consultants, vendors and clients of this organization.

“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.

“Processing” refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

Scope and Limitations

All personnel of this organization, regardless of the type of employment or contractual arrangement, must comply with the terms set out in this Privacy Manual.

This Manual shall be read in conjunction with the following:

1. Privacy Statement for Clients and/or Vendors; and
2. Privacy Statement for Human Resources.

Processing of Personal Data

A. Collection (e.g. type of data collected, mode of collection, person collecting information, etc.)

KMC collects the basic contact information of clients, vendors and employees, including their full name, address, email address, contact number, and other necessary personal information.

B. Use

Personal data collected shall be used by KMC for documentation purposes, compliance with
legal obligations and governmental regulations.

C. Storage, Retention and Destruction (e.g. means of storage, security measures, form of information stored, retention period, disposal procedure, etc.)

KMC will ensure that personal data under its custody are protected against any accidental or unlawful destruction, alteration and disclosure as well as against any other unlawful processing. KMC will implement appropriate security measures in storing collected personal information, depending on the nature of the information. All information gathered shall not be retained for a period longer than five (5) to ten (10) years. After the five (5) to ten (10) year period, all hard and soft copies of personal information shall be disposed and destroyed, through secured means.

D. Access (e.g. personnel authorized to access personal data, purpose of access, mode of access, request for amendment of personal data, etc.)

Due to the sensitive and confidential nature of the personal data under the custody of the KMC, only the client and the authorized representative of KMC shall be allowed to access such personal data, for any purpose, except for those contrary to law, public policy, public order or morals.

E. Disclosure and Sharing (e.g. individuals to whom personal data is shared, disclosure of policy and processes, outsourcing and subcontracting, etc.)

All employees and personnel of KMC shall maintain the confidentiality and secrecy of all personal data that come to their knowledge and possession, even after resignation, termination of contract, or other contractual relations. Personal data under the custody of KMC shall be disclosed only pursuant to a lawful purpose, and to authorized recipients of such data.

Security Measures

KMC implements reasonable and appropriate physical, technical and organizational measures for the protection of personal data. Security measures aim to maintain the availability, integrity and confidentiality of personal data and protect them against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination. This section generally describes those measures.

A. Organization Security Measures

1. Data Protection Officer (DPO)
   The designated Data Protection Officer is Atty. Patricia C. Velarde, who is concurrently serving as the Corporate Legal Counsel of KMC.
2. Functions of the Data Protection Officer
   The DPO shall oversee the compliance of the organization with the DPA, its IRR, and other related policies, including the conduct of a Privacy Impact Assessment, implementation of security measures, compliance with the GDPR and data protection laws, security incident and data breach protocol, and the inquiry and complaints procedure. 
3. Conduct of trainings or seminars to keep personnel, especially the Data Protection Officer updated vis-à-vis developments in data privacy and security
   The organization shall sponsor a mandatory training on data privacy and security at least once a year. For personnel directly involved in the processing of personal data, management shall ensure their attendance and participation in relevant trainings and orientations, as often as necessary.
4. Conduct of Privacy Impact Assessment (PIA)
   The organization shall conduct a Privacy Impact Assessment (PIA) relative to all activities, projects and systems involving the processing of personal data. It may choose to outsource the conduct of a PIA to a third party. 
5. Recording and documentation of activities carried out by the DPO, or the organization itself, to ensure compliance with the DPA, its IRR and other relevant policies.
   The organization shall sponsor a mandatory training on data privacy and security at least once a year. For personnel directly involved in the processing of personal data, management shall ensure their attendance and participation in relevant trainings and orientations, as often as necessary. 
   
6. Duty of Confidentiality
   All employees will be asked to sign a Data Consent Form and Non-Disclosure Agreement (NDA). All employees with access to personal data shall operate and hold personal data under strict confidentiality if the same is not intended for public disclosure. 
   
7. Review of Privacy Manual
   This Manual shall be reviewed and evaluated annually. Privacy and security policies and practices within the organization shall be updated to remain consistent with current data privacy best practices. 

B. Physical Security Measures

Physical security measures monitor and limit access to the facility containing the personal data, including the activities therein. It provides the actual design of the facility, the physical arrangement of equipment and furniture, the permissible modes of transfer, and the schedule and means of retention and disposal of data, among others. The following provisions are included to ensure that mechanical destruction, tampering and alteration of personal data under the custody of the organization are protected from man-made disasters, power disturbances, external access, and other similar threats:

1. Format of data to be collected.
   Personal data in the custody of the organization may be in digital/electronic format and paperbased/physical format.
   
2. Storage type and location (e.g. filing cabinets, electronic storage system, personal data room/separate room or part of an existing room).
   All personal data being processed by the organization shall be stored in a data room, where paper-based documents are kept in locked filing cabinets while the digital/electronic files are stored in computers provided and installed by KMC. 
   
3. Access procedure of agency personnel
   Only authorized personnel shall be allowed inside the data room. For this purpose, they shall each be given an exclusive access to the room. Other personnel may be granted access to the room upon filing of an access request form with the Data Protection Officer and the latter’s approval thereof.
   
4. Monitoring and limitation of access to room or facility
   All personnel authorized to enter and access the data room or facility must fill out and register with the online registration platform of the organization, and a logbook placed at the entrance of the room. They shall indicate the date, time, duration and purpose of each access.
   
5. Design of office space/work station
   The computers are positioned with considerable spaces between them to maintain privacy and protect the processing of personal data.
   
6. Persons involved in processing, and their duties and responsibilities
   Persons involved in processing shall always maintain confidentiality and integrity of personal data. They are not allowed to bring their own gadgets or storage device of any form when entering the data storage room.
   
7. Modes of transfer of personal data within the organization, or to third parties
   Transfers of personal data via electronic mail shall use a secure email facility with encryption of the data, including any or all attachments.
   
8. Retention and disposal procedure
   The organization shall retain the personal data of a client for five (5) to ten (10) years from the date of transaction. Upon expiration of such period, all physical and electronic copies of the personal data shall be destroyed and disposed of using secure technology.

C. Technical Security Measures

KMC implements technical security measures to make sure that there are appropriate and sufficient safeguards to secure the processing of personal data, particularly the computer network in place, including encryption and authentication processes that control and limit access. These include the following, among others:

1. Monitoring for security breaches
   KMC shall use an intrusion detection system to monitor security breaches and alert the KMC of any attempt to interrupt or disturb the system.
   
2. Security features of the software/s and application/s used
   KMC shall first review and evaluate software applications before the installation thereof in computers and devices of KMC to ensure the compatibility of security features with overall operations.
   
3. Process for regularly testing, assessment and evaluation of effectiveness of security measures
   The organization shall review security policies, conduct vulnerability assessments and perform penetration testing within KMC on regular schedule to be prescribed by the appropriate department or unit.
   
4. Encryption, authentication process, and other technical security measures that control and limit access to personal data
   Each personnel with access to personal data shall verify his or her identity using a secure encrypted link and multi-level authentication.

Breach and Security Incidents

KMC has developed and is implementing policies and procedures for the management of a personal data breach, including security incidents. This section describes or outlines such policies and procedures, including the following:

1. Creation of a Data Breach Response Team
   A Data Breach Response Team comprising of five (5) officers shall be responsible for ensuring immediate action in the event of a security incident or personal data breach. The team shall conduct an initial assessment of the incident or breach in order to ascertain the nature and extent thereof. It shall also execute measures to mitigate the adverse effects of the incident or breach.
   
2. Measures to prevent and minimize occurrence of breach and security incidents
   KMC shall regularly conduct a Privacy Impact Assessment to identify risks in the processing system and monitor for security breaches and vulnerability scanning of computer networks. Personnel directly involved in the processing of personal data must attend trainings and seminars for capacity building. There must also be a periodic review of policies and procedures being implemented in the organization.
   
3. Procedure for recovery and restoration of personal data
   KMC shall always maintain a back-up file for all personal data under its custody. In the event of a security incident or data breach, it shall always compare the back-up with the affected file to determine the presence of any inconsistencies or alterations resulting from the incident or breach.
   
4. Notification protocol
   The Head of the Data Breach Response Team shall inform the management of the need to notify the NPC and the data subjects affected by the incident or breach within the period prescribed by law. Management may decide to delegate the actual notification to the head of the Data Breach Response Team.
   
5. Documentation and reporting procedure of security incidents or a personal data breach
   The Data Breach Response Team shall prepare a detailed documentation of every incident or breach encountered, as well as an annual report, to be submitted to management and the NPC, within the prescribed period.

Inquiries and Complaints

Every data subject has the right to reasonable access to his or her personal data being processed by KMC. Other available rights include: (1) right to dispute the inaccuracy or error in the personal data; (2) right to request the suspension, withdrawal, blocking, removal or destruction of personal data; and (3) right to complain and be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data.

Accordingly, KMC has procedures for inquiries and complaints that will specify the means through which concerns, documents, or forms submitted to the organization shall be received and acted upon.

Data subjects may inquire or request for information regarding any matter relating to the processing of their personal data under the custody of the organization, including the data privacy and security policies implemented to ensure the protection of their personal data. They may write to the organization at [email protected] and briefly discuss the inquiry, together with their contact details for reference.

Complaints shall be filed in three (3) printed copies, or sent to [email protected] The data privacy team shall confirm with the complainant its receipt of the complaint.

Effectivity

The provisions of this Manual - Second Version are effective this 11th day of June 2018, until revoked or amended by KMC.

This Privacy Statement sets out how KMC MAG Solutions, Inc. (KMC) collects, uses, manages and protects the personal data or information (Personal Data) that it collects whether as a controller or processor.

Privacy Protection

KMC is committed in processing Personal Data in accordance with the required laws such as Republic Act Number 10173, otherwise known as the Philippine Data Privacy Act of 2012, Regulation (EU) 2016/679 otherwise known as the European Union General Data Protection Regulation (GDPR) and other personal data security and protection laws. Before using and providing Personal Data for the purposes set out in this Privacy Statement, KMC is required by law to obtain written consent, and in such cases, only after having obtained such written consent, KMC can use Personal Data in the manner specified.

Personal Data

KMC can collect and use Personal Data. For the purposes of carrying our business (including the verification of the identity to detect, prevent and address fraud, security or technical issues, the registration, activation and management of the Client and/or Vendor’s account with KMC, and the billing and charging of KMC’s services and complying with laws, rules, guidelines, regulations and/or requests issued by applicable government authorities, courts, law enforcement or other authorities or regulatory bodies, you may be requested to provide Data such as, but not limited to:

1. the name, date of birth and other details documented on your Passport or other government issued competent proof of identity;
2. contact details including name, address, phone number, mobile telephone number and/or email address;
3. Personal Data that you have shared with our app for guests entering our facilities;
4. payment details including account number and other electronic banking Data;
5. all Data requested by applicable government authorities, courts, law enforcement or other authorities or regulatory bodies to enable us to comply with or in connection with any law, rule, regulation, judgment or court order (whether within or outside the Philippines); and
6. any other Data as may be required, necessary and applicable on the corresponding availed Service Agreement.

In some instances, we may seek your consent to process the following “Sensitive Personal Information” (SPI) in order from KMC to further improve our Services and/or better tailor the type of information or content that we present to you and improve our business relationship:

1. age;
2. gender and ethnicity;
3. marital status;
4. employment details;
5. education and profession;
6. hobbies and leisure activities; and
7. family and household demographics.

Personal Data supplied by you will be held by one or more members of KMC’s Sales Team and/or the KMC team dealing with your Company that is working on a particular Service Agreement.

How We Collect Personal Data

We collect Data in a number of ways, including from:

1. you directly, for example, when you provide Personal Data by phone or via email, attend our functions, complete an agreement for one of our Services, or when you submit your Data through our website, or over any customer service hotlines, or when you contact us with a query or request, or during the ordinary course of our business relationship with you, or when we are legally required to do so; and/or
2. your participation in surveys or marketing promotions organized by us or on our behalf.

How We Use Your Personal Data

We may collect, retain and use your Personal Data for the following purposes:

1. to verify your identity;
2. to process your application to avail our Services;
3. to promote and market our Services to you;
4. to conduct credit checks and detect fraudulent activities in compliance with the Anti-Money Laundering Act and in relation to other compliance purposes;
5. to perform research or analyses so that we may improve and optimize the Services that can be made available to you;
6. to conduct surveys and marketing, promotional, behavioral scoring for business operations and/or planning purposes;
7. for vendors, to avail the Services that your Company would be providing to KMC;
8. to enforce KMC’s contractual rights;
9. to process any payment instructions;
10. to maintain, enhance and develop our products and service offerings; and
11. to comply with applicable laws in or outside the Philippines as may be required by applicable government authorities, courts, law enforcement, or regulatory or investigation bodies, in relation to the supply of Services/ availment of your Company’s Services, including to assist in the prevention, detection of crime or possible criminal activities.

Legal Basis for Using your Personal Data

KMC’s use of your personal data may be necessary for the performance of the Services that your Company may wish to avail. As for the vendors of KMC, the same is necessary for the availment of the Services that your Company may render. KMC may, to the extent permissible under applicable laws and regulations, disclose your Data to government and regulatory entities.

Importance of Safety of your Data

All required efforts are made to ensure that any Personal Data held by us is stored in a secure and safe place and is accessible only by our authorized employees.

When we pass your Data to third parties for them to process, we seek to ensure that they have appropriate security measures in place to keep your Personal Data safe and to comply with applicable principles in relation to data protection.

Retention of Personal Data

KMC will retain your Personal Data in accordance with KMC’s internal policies. Our policies are in compliance with the Data Privacy Act and the GDPR where applicable, and cover the following principles:

1. Data will only be retained for as long as is necessary to fulfil the original or directly related purposes for which it was collected, unless the Data is also retained to satisfy any applicable legal, regulatory or contractual obligations; and
2. Data are purged from our electronic, manual and other filing systems based on the above
   criteria and our internal procedures.

Right to Access, Correct and Delete Personal Data

KMC takes all reasonable precautions to ensure that the Personal Data we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of that Personal Data depends to a large extent on the Data you provide. You have a right to request access to, and correction of, your Data and we recommend that you:

1. let us know if there are any errors in your Data; and
2. keep us up-to-date with changes to your Data.

If you wish to access or amend any of your Personal Data that we hold, or request that we delete any of your information that is no longer necessary for the provision of our Services, you may contact us in the manner as set forth under the “How to Contact Us” section.

You may decline to share Personal Data with us and/or withdraw any consent which you may have provided, in which case, we may not be able to provide you with some of our Services or we may discontinue availing your Company’s Services.

At any time, you may object to us holding or processing your Data, on legitimate grounds, save and except as otherwise permitted by the applicable law.

How to Contact Us

For all issues and enquiries regarding KMC’s compliance with our obligations under the Data Privacy Act of 2012 and the GDPR, and any request for access to, correction or deletion of your Data, please contact us in writing at:

Data Protection Officer
KMC MAG Solutions, Inc.
25F Picadilly Star Building
4th Avenue Corner 27th Street
Bonifacio Global City, Taguig
Philippines

Or send an e-mail to: [email protected]

This Privacy Statement may be amended from time to time and the handling of Personal Data will be governed by the most recent version of this Privacy Statement.