YOUR PRIVACY AND THE LAW
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. Sensitive Personal Information is any attribute of your personal information that can discriminate, qualify, or classify you such as your age, date of birth, marital status, government-issued identification numbers, account numbers, and financial information. Privileged Information is any and all forms of information which, under the Rules of Court and other pertinent laws, constitute privileged communication (i.e. lawyer-client, priest-confessor, doctor-patient).
Under the Data Privacy Act of 2012, you have the following rights: (1) Right to be informed – you may demand the details as to how your personal information is being processed or have been processed by the Bank, including the existence of automated decision-making and profiling systems; (2) Right to access – upon written request, you may demand reasonable access to your personal information, which may include the contents of your processed personal information, the manner of processing, sources where they were obtained, recipients and reason of disclosure; (3) Right to dispute – you may dispute inaccuracy or error in your personal information in the Bank systems through our contact center representatives; (4) Right to object – you may suspend, withdraw, and remove your personal information in certain further processing, upon demand, which include your right to opt-out to any commercial communication or advertising purposes from the Bank; (5) Right to data erasure – based on reasonable grounds, you have the right to suspend, withdraw or order blocking, removal or destruction of your personal data from the Bank’s filing system, without prejudice to the Bank continuous processing for commercial, operational, legal, and regulatory purposes; (6) Right to secure data portability – you have the right to obtain from the Bank your personal information in an electronic or structured format that is commonly used and allows for further use; (7) Right to be indemnified for damages – as data subject, you have every right to be indemnified for any damages sustained due to such violation of your right to privacy through inaccurate, false, unlawfully obtained or unauthorized use of your information; and (8) Right to file a complaint – you may file your complaint or any concerns with our Data Protection Office at 44/F
Union Bank Plaza, Meralco Avenue corner Onyx Road, Pasig City, 1600, Metro Manila, Philippines or email@example.com and/or with the National Privacy Commission through www.privacy.gov.ph
COLLECTION AND USE OF YOUR PERSONAL INFORMATION
As mandated by the Bangko Sentral ng Pilipinas, in the usual course of banking business activities, we collect the following personal information from you and about you, including, but not limited to: 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, source of funds, gross annual income, among others.
All the personal information we collect about you may be combined and processed to improve our products, services, and communications with you. The Bank ensures that only authorized employees and third party service providers, who have undertaken to satisfy our stringent corporate, legal, information security, and data privacy requirements, are allowed to process your personal information. Through your express consent, you agree that we may disclose your personal information to our third party service providers who perform business operations on our behalf or partners who collaborate with us to provide services to you and business partners that provide joint communications that we hope you find of interest.
By registering, signing in to, or using the Bank’s consent forms in our products, services, web platform and applications, you authorize and consent to the processing, sharing and/or transferring by the Bank of your Personal Information relating to your accounts with us for specified purposes which in all cases are in compliance with or pursuant to the Bank’s legal or contractual obligations:
1. Government regulatory agencies, credit information or investigation companies, financial institutions, credit bureaus, other banks, credit card companies, loyalty program partners, consumer reporting or reference agencies such as Credit Card Association of the Philippines, Bankers Association of the Philippines, Credit Information Corporation, and the Transunion Credit Bureau for the purpose of credit investigation, consumer reporting, or for reports of your credit history and account updates;
2. Third persons, correspondent banks, service providers and entities as the Bank deems necessary, to enable the Bank to service your account/s and to provide all the existing features of your account/s, the Bank’s products, services, facilities, and channels, and any future enhancements thereto or to assist the Bank in the processing of your data, including its collection, recording, organization, storage, management, protection, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction;
3. Third pares engaged by the Bank or by its subsidiaries or affiliates for the purpose of direct or indirect marketing to offer selected products and services which may interest you unless specifically instructed otherwise in wring;
4. Insurers, Insurance brokers, or providers of deposit or credit protection or protection against all kinds of risks;
5. Republic Act No. 9510 or the Credit Information Systems Act and its Implementing Rules and Regulations, which mandates the Bank to submit your credit data to the Credit Information Corporation (CIC) and share the same with other accessing entities and special accessing entities authorized by the CIC;
6. Bangko Sentral ng Pilipinas Circular No. 472 Series of 2005 as implemented by the Bureau of Internal Revenue Regulation No. 4-2005, which mandates the Bank to conduct random verification with the Bureau of Internal Revenue in order to establish authenticity of the Income Tax Return (ITR), accompanying financial statements and such other documents, information, and data;
7. National Internal Revenue Code, as amended, which mandates the Commissioner of Internal Revenue to inquire into the bank accounts of the following taxpayers: a) a decedent in order to determine his gross estate; b) a taxpayer who has filed an application to compromise his tax liability on the ground of financial incapacity; and c) a taxpayer, information on whose account is requested by a foreign tax authority;
8. Unexplained wealth under Section 8 of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act;
9. Cases under Republic Act No. 9160 or the Anti-Money Laundering Act of 2001, when there is probable cause that the deposits or investments involved are in anyway related to an unlawful activity or a money laundering offense;
10. Regulatory authorities when such other persons or entities the Bank may deem as having authority or right to such disclosure of information as in the case of regulatory agencies, government or otherwise, which have required such disclosure from the Bank and when the circumstance so warrant;
11. Other related and applicable laws and regulations, subject to your right to information under the Data Privacy Act, which legally mandate the Bank to obtain and disclose your personal information to government regulatory agencies and consumer reporting or reference agencies, subject to your right to information under the Data Privacy Act.
Your personal information you provided to the Bank shall only be used for the purpose of service and product delivery you consented to, subject to the Terms and Conditions you agreed to. With your express consent, you may agree and authorize the Bank to share your personal information with private entities subject to mandatory disclosure pursuant to government and public functions. In all instances, we process and/or disclose your personal information in accordance with the Data Privacy Act and its Implementing Rules and Regulations.
It is the policy of the Bank that all systems and storage medium or repositories that store customer data shall have completed the appropriate information security, risk, legal compliance, and privacy impact assessments. Your personal information shall only be stored in the Bank- managed environment. Physical copies of documents containing your personal information shall be stored in physical vaults in a sealed and secure manner. All systems or storage medium or repositories which are used and will be used in the future to store your personal information are and will be duly approved and registered with the Bangko Sentral ng Pilipinas and other regulatory agencies, as the case may be.
DATA ACCESS AND RETRIEVAL
Access refers to a user’s capacity to access or retrieve data stored within a database or other repository. Your personal information can only be accessed and retrieved by authorized personnel of the Bank and only pursuant to a legitimate business purpose, in accordance with the consent you have provided us. Remote connectivity to any Bank- managed environment is only through Virtual Private Network or Access Gateway technology solutions that will enable us to enforce security controls required to protect your personal information.
Regulation and legitimate bank business purpose and policy define the data retention period of your personal information. Pursuant to Section X808 of the Manual of Regulations for Banks issued by Bangko Sentral ng Pilipinas, transaction records shall be maintained and safely stored for five (5) years from the date of transaction except where specific laws and/or regulations require a different retention period, in which case, the longer retention period is observed. Pursuant to the Bureau of Internal Revenue Regulation 17-2013, documents pertaining to your billing statements, which indicate taxable transactions shall be preserved for ten (10) years.
Further, the Bank keeps your personal information as long as it is necessary: a) for the fulfillment of the declared, specified, and legitimate purposes provided above, or when the processing relevant to the purposes has been terminated; b) for the establishment, exercise or defense of legal claims; or c) for legitimate business purposes, which shall be in accordance with the standards of the banking industry.
The Bank has established mechanisms for secure disposal of data from the Bank’s systems after the data is no longer required by the business for any legitimate purpose and activity. After the defined retention periods, the Bank shall dispose your personal information in a secure manner in order to prevent further processing, unauthorized access, or disclosure to any other party.
PERSONAL DATA BREACH MANAGEMENT
Personal Data Breach refers to a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed. A Personal Data Breach shall be subject to notification requirements under the following conditions:
1. Compromised data involves personal data that may be used to enable identity fraud.
2. There is reason to believe that the information may have been acquired by an unauthorized person; and 3. The unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected data subject.
The Bank shall notify the National Privacy Commission and affected Customers in case of breach within 72 hours upon knowledge of or reasonable belief by the Bank or our third party processor that a personal data breach has occurred. If such event occurs, we shall notify you, through a secure means of communication, of the nature of the breach, your personal information possibly compromised, measures taken to address the breach and reduce negative consequences, contact details of government authorities concerned and our Data Protection Office who can assist you in mitigating the possible ramifications that can compromise you and your right to privacy.
For inquiries, complaints, and other concerns, you may address them in wring to the Bank’s Data Protection Officer, Ms. Maria Francesca R. Montes; firstname.lastname@example.org