Privacy Policy
I. POLICY STATEMENT
This General Data Privacy Policy (“Privacy Policy”) demonstrates Monde MY San Corporation’s (“MMYS’s”) commitment to protect and maintain the security and privacy of personal information provided by, or collected or processed from, MMYS’s employees, contract counterparties, distributors/sub-distributors, suppliers, service providers, applicants applying for employment with MMYS, or any other individuals who interact with MMYS in the regular course of business (each, a “Data Subject” and collectively, the “Data Subjects”).
As an organization that values compliance with law at all times, MMYS recognizes the paramount importance of data privacy and security, and adheres to the standards of data privacy and protection under Republic Act No. 10173, or the Data Privacy of 2012 and its implementing rules and regulations, and the various issuances of the Philippines National Privacy Commission and other relevant regulatory agencies (“Data Privacy Laws”).
This Privacy Policy will help you understand: (i) what personal information MMYS collects; (ii) how MMYS collects, holds, uses and discloses personal information collected; and (iii) how you, as a Data Subject, can exercise your rights under the Data Privacy Laws.
II. COVERAGE OF PRIVACY POLICY
This Privacy Policy applies to MMYS’s Data Subjects.
This Privacy Policy does not apply to any website, product or service of any third-party entity or organization even if the website links to (or from) MMYS’s website. It is always a good practice and habit to always review the privacy practices and policies of any third-party entity or organization when deciding whether to provide any personal information to such entity or organization.
III. HOW DOES MMYS COLLECT YOUR INFORMATION?
This section discusses MMYS’s “Personal Information Collection Methods”, or the general instances when MMYS collects your Personal Information:
a) when you visit MMYS’S website at https://mondemysan.com.ph/ and you contact MMYS by sending an inquiry, a comment, complaint or feedback, or when you submit your resume in connection with employment opportunities in MMYS;
b) when you enter into contracts, or perform transactions, with MMYS;
c) when you provide your personal information in any medium or form of communication with any duly-authorized employee or representative of MMYS;
d) when MMYS obtains verification information about you through trusted third parties (e., social media pages MMYS owns or controls); and
e) passively, through technology such as “cookies”.
IV. WHAT PERSONAL INFORMATION DOES MMYS COLLECT?
Through the Personal Information Collection Methods, MMYS may, at the minimum, collect the following Personal Information from you:
a) Name; and
b) Contact details (g., telephone or mobile number, email address, mailing address/location, social media username, etc.)
For specific transactions or projects other than the above general instances where your Personal Information is collected or processed by MMYS, please refer to the Privacy Notices and Consent Forms that MMYS provides you as a Data Subject customized for said transactions and projects taking into consideration the data privacy principles of legitimate purpose, transparency and proportionality.
For purposes of this Privacy Policy, “Personal Information” refers to any data (whether by itself or when linked with other information) in the possession of, or likely to come into the possession of, MMYS, which data can be used to identify a specific living person. Personal Information does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.
V. WHY DO WE COLLECT YOUR PERSONAL INFORMATION?
MMYS collects your Personal Information for any of the following purposes:
a) Employment-related –
- in fulfillment of MMYS’s obligations as an employer in relation to its employees;
- to process job applications from applicants.
b) Consumer service –
- to respond to inquiries, concerns, and complaints, or to provide feedback regarding the products MMYS distributes.
c) Marketing and promotional activities –
- maintaining communication with you regarding the products MMYS distributes, or generally to communicate to you our product campaigns or promotions, with your consent;
d) In order to perform MMYS’s contractual obligations with its contract counterparties (g., its distributors/sub-distributors, service providers, suppliers, or with any other individual or entity with a business relationship with MMYS);
e) Legal purposes –
- to assert or prosecute legal claims by, and defend claims against, MMYS;
- in case of a potential merger, consolidation, acquisition or capital raising activity involving the Company, we may share your personal information with the
counterparty or potential buyers or investors only to the extent the same is critical to said activity; or
- in compliance with regulatory or legal requirements;
- in response to subpoena or other regular and valid processes of a court of administrative agency with jurisdiction;
- to enforce, guarantee or maintain the safety, health and security of MMYS’s personnel and/or assets.
f) Other purposes ancillary to the above –
- Assessment or review of MMYS’s compliance with applicable laws and regulations (including accounting regulations), or with internal processes and procedures, or in relation to MMYS’s engagement with professional advisors such as legal counsel, audit firms/external auditors, or insurance agents.
VI. BASES FOR PROCESSING OF PERSONAL INFORMATION
MMYS processes your personal information for any of the purposes declared in this Privacy Policy, based on any of the following:
a) your consent as Data Subject;
b) fulfillment of contractual obligations;
c) fulfillment of statutory or regulatory obligations; and
d) MMYS legitimate interests.
VII. TRANSFER AND DISCLOSURE OF PERSONAL INFORMATION
MMYS’s may share, transfer, and disclose your Personal Information to the following:
a) MMYS’s third party suppliers and service providers, such as the following:
- Data entry services;
- Database management services;
- Payment processing services;
- Logistics providers;
- Data disposal services;
- Legal services;
- Audit services;
b) MMYS’s professional advisers (e.g., legal counsels, external auditors/auditing firms), law enforcement agencies, insurers, and regulators, both from the government and private entities, such as stock exchanges or market operators;
c) MMYS’s subsidiaries and affiliates; and/or
d) Potential joint venture partners, creditors, or investors.
VIII. WHAT ARE YOUR RIGHTS AS A DATA SUBJECT?
MMYS recognizes your rights as a Data Subject, as provided under the Data Privacy Laws:
a) Right to be informed
Through this Privacy Policy, MMYS notifies you what Personal Information is collected, the instances when Personal Information is collected, the means of and the purposes for the processing of your Personal Information, your rights as a Data Subject, and how MMYS protects your Personal Information.
b) Right to object
You have the right to object to the processing of your Personal Information, such as when processing is based on your consent or on MMYS’s legitimate interest. You shall be notified, and be given an opportunity to object and/or withhold consent to the processing of your Personal Information in case of any significant changes or any necessary amendment to the information you supplied or declared to MMYS, such as in the following instances: (i) change in the identity of the personal information controller; (ii) the purpose/s of processing; (iii) scope and method of processing; and (iv) other analogous instances. You also have the right to object if the processing of your Personal Information is for direct marketing, automated processing or profiling purposes.
c) Right to Access
You have a right to be given reasonable access to specific kinds of information identified in the Data
Privacy Laws upon your written demand. However, your right to access is only with respect to your own Personal Information (and other information you provided in accordance with the Data Privacy Laws) and not to information relating to any other individual. Your request to access certain kinds of information may also be denied by MMYS if: (i) what you seek to access relates to publicly-available information; (ii) in case of unreasonable requests especially of a repetitive and vexatious nature and which does not appear to be made in good faith; (iii) the request will entail MMYS having to exert effort and expend resources to retrieve or gather such information, in a manner and extent which are manifestly disproportionate to the kind of information requested and/or the purposes for which the information is being sought; and (iv) MMYS considers, after due consideration, that granting access to the information requested will endanger or compromise the safety or well-being of the Data Subject or any other person.
MMYS may, in certain instances, charge you a reasonable fee for the costs incurred by MMYS in connection with your request to access your personal information in MMYS’s system, such as when servicing your request would involve MMYS incurring unusual costs or harnessing resources.
You may use the Access Request Form attached to this Privacy Policy as Annex A to submit requests to MMYS pursuant to your right to access as described above.
d) Right to Rectification
You have the right to dispute any inaccuracy or error in your Personal Information that MMYS may be holding. In such cases, MMYS will accordingly correct any error(s) promptly, unless your request is found to be malicious or unreasonable. MMYS may also, in certain instances prescribed by law, require proper notice of the valid order of or process from a competent court or a government agency before making any changes or modifications to the Personal Information it holds.
You may use the Rectification Request Form attached to this this Privacy Policy as Annex B to submit requests to MMYS pursuant to your right to rectification as described in the above.
e) Right to Erasure or Blocking
You have the right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Information from MMYS’s data filing system, upon presentation of substantial proof that:
i) The personal data or private information is:
- incomplete, outdated, false, or unlawfully obtained;
- used for an unauthorized purpose;
- no longer necessary for the purpose/s for which they were collected; or
- prejudicial to the Data Subject, unless justified by freedoms guaranteed under the Constitution or applicable laws, or otherwise authorized by a court order;
ii) The Data Subject objects to the processing, and there are no other applicable lawful criteria for processing;
iv) In case of violation of the rights of the data subject.
You may use the Erasure Request Form attached to this Privacy Policy as its Annex C to submit requests to MMYS in the exercise your right to erasure or blocking.
f) Right to data portability
You have the right to receive Personal Information that you have provided MMYS in a structured, commonly used, and machine-readable format, for further use. You also have the right to request from MMYS that it transfers or transmits your data to another controller. Data portability allows you to manage your Personal Information on your private device.
g) Right to Damages
MMYS recognizes your right to receive damages which you may have actually incurred as a result of inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of Personal Information, following adjudication of such damages in your favor as stated in a final and executory decision of a court or quasi-judicial authority (as the case may be) with jurisdiction and rendered and enforced in accordance with prescribed procedure.
IX. HOW LONG DOES MMYS KEEP YOUR PERSONAL INFORMATION?
In accordance with the Data Privacy Laws and other applicable laws, MMYS will keep your Personal Information for as long as reasonably necessary to:
- fulfill declared, specified, and legitimate purposes, or when the processing of such information relevant to said purposes has not yet been terminated;
- establish, exercise, or assert MMYS’s legal rights, or to defend claims and actions against MMYS;
- pursue legitimate business purposes consistent with applicable industry standards, or as approved by regulator(s) or the relevant government agency;
- comply with MMYS’s statutory, regulatory and other good governance compliance obligations (e.g., fraud identification and protection, anti-money laundering regulations, tax compliance, and regulatory disclosures).
This Privacy Policy’s Annex D sets out the various data retention periods in connection with MMYS’s data processing activities.
MMYS will, after the applicable data retention period, dispose of or discard your Personal Information in a manner that is secure and which would prevent further processing, unauthorized access, or disclosure to any other party, or would otherwise cause prejudice to other persons.
X. HOW DOES MMYS PROTECT YOUR PERSONAL INFORMATION?
MMYS has put in place physical, electronic, and administrative procedures and safeguards designed to prevent unauthorized access, maintain data security, and for the correct usage of the Personal Information that MMYS collects through the Personal Information Collection Methods. These safeguards vary, depending on the sensitivity of the Information that MMYS collects and stores.
It must be emphasized that no data transmission or storage system is guaranteed to be 100% secure. If you suspect that a data breach concerning your Personal Information has occurred, please contact MMYS’s Data Protection Officer immediately. Please see Part XII of this Privacy Policy for the details on how to get in touch with MMYS’s Data Protection Officer.
XI. UPDATES TO CHANGES TO THIS PRIVACY.
MMYS may update or make changes to this Privacy Policy in its efforts to ensure continuing, proper, and timely compliance with all statutory and regulatory requirements. Please visit MMYS’s official website at https://mondemysan.com.ph/privacy-policy/ for any updates to this Privacy Policy. We will provide notification mechanisms for any updates or modifications to this Privacy Policy that will reasonably have the effect of significantly affecting your rights as a Data Subject.
XII. HOW CAN YOU REACH US?
If you have any questions or would like to provide feedback or suggestions concerning this Privacy Policy, or would like to exercise in good faith any of your rights as Data Subject, or if you have any complaints in connection with this Privacy Policy or regarding MMYS’s privacy practices, please write, call, or email MMYS’s Data Protection Officer using the following details:
The Data Protection Officer
Monde MY San Corporation
534 Gracia Street, Barangay Sto. Domingo,
Cainta, Rizal
Tel. No.: +63 9088132391
email: privacy.matters@mondemysan.com
XIII . EFFECTIVITY
This Privacy Policy takes effect on June 07, 2022 and supersedes and amends company policies or issuances relating to data privacy insofar as those contain provisions which may be inconsistent with this Privacy Policy. MMYS reserves the right to modify, amend, replace or revoke this Privacy Policy at any time.
Adopted by the unanimous vote of the Board of Directors on June 07, 2022.