Data Protection Policy

You agree and consent to IT MANAGERS INC. (“COMPANY”) as well as to our respective agents, authorized service providers and relevant third parties collection, use, disclosure and/or sharing of your Personal Data in the manner set forth in this Data Protection Policy.

This Data Protection Policy supplements but does not supersede nor replace any other consents which you may have previously provided to us nor does it affect any rights that we may have at law in connection with the collection, use and/or disclosure of your Personal Data.

Please note that this Data Protection Policy outlines how your Personal Data will be managed in connection with your project employment or prospective employment with COMPANY only. We may from time to time update this Data Protection Policy to ensure that this Data Protection Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements.

For the avoidance of doubt, if you are a project employee of COMPANY, this Data Protection Policy forms a part of the terms and conditions in your Project Employment Agreement (“Terms and Conditions”) and should be read in conjunction with such Terms and Conditions. In the event of any conflict or inconsistency between the provisions of this Data Protection Policy and the Terms and Conditions, the provisions of this Data Protection Policy shall prevail.

Your personal data

From time to time it may be necessary to supply us with Personal Data about yourself and other individuals for purposes in connection with your employment or your job application. If your application for employment is successful, Personal Data about you and other individuals may also be collected from you during the period of your employment with us.

1.1 Personal Data submitted for another individual

Where Personal Data is submitted by you on behalf of another individual or concerns another individual other than yourself, you represent and warrant to us that all the necessary consents (procured in accordance with all applicable data protection legislation, for such purposes stated in the relevant sections of this Data Protection Policy) have been obtained from the relevant individuals and that you have retained proof of these consents, such proof to be provided to us upon our request.

1.2 Meaning and examples of Personal Data

In this Data Protection Policy, “Personal Data” refers to any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from other information to which the organization has or is likely to have access. Examples of such Personal Data which you may provide to us include:

1. your name, ID or passport, telephone number(s), mailing address, email address and any other information relating to you which you have provided us; and
2. your employment history, education background, and income levels.

Collection of personal data

Generally, COMPANY may collect your Personal Data in the following ways:

1. when you submit forms or applications to us;
2. when you submit requests to us;
3. when you respond to our requests for additional Personal Data;
4. when you ask to be included in an email or other mailing list;
5. when you respond to our initiatives; and
6. when you submit your Personal Data to us for any other reason.

Purposes for the collection, use and disclosure of your personal data

Generally, COMPANY may collect, use and/or disclose your Personal Data for the any of the following purposes:

1. evaluation and assessment of suitability for hiring for particular positions;
2. providing employee references and for background screening/vetting;
3. determining, processing and reviewing salaries, incentives, discretionary remuneration and other benefits;
4. assessing your performance;
5. consideration for awards, promotion, training, secondment or transfer;
6. considering and processing applications for continuing skill development and training, including organizing training and staff development programs;
7. providing you with resources and assistance in connection with the performance of your duties (including without limitation making business-related travel arrangements on your behalf);
8. consideration of eligibility for and administration of staff loans and other benefits and entitlements (including medical benefits);
9. conducting internal investigations and proceedings;
10. monitoring compliance with our internal rules and policies;
11. responding to your queries and requests;
12. managing our infrastructure and business operations and complying with internal policies and procedures;
13. facilitating business asset transactions (which may extend to any merger, acquisition or asset sale;
14. matching any Personal Data held which relates to you for any of the purposes listed; purposes including analytical and statistical studies for our internal business processes;
15. preventing, detecting and investigating crime, including fraud and any form of financial crime, and analyzing and managing our commercial risks;
16. protecting and enforcing our contractual and legal rights and obligations;
17. complying with any applicable local or foreign statute, rule, law, regulation, judgment, decree, directive, sanctions regime, court order, or any other legal obligation;
18. to assist in any investigation where there is a reasonable suspicion of the commission of a crime under any written law in any jurisdiction in which COMPANY operates;
19. publishing in internal publications and broadcasts such as staff newsletters and email;
20. managing or terminating your employment relationship with COMPANY;
21. subject to applicable law, any other purpose set out in the Terms and Conditions; and
22. any other purpose reasonably related to the aforesaid or as COMPANY deems necessary.

Accuracy of submitted Personal Data

You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in delay or inability to process your application or request.

Disclosure of personal data

Personal Data will be protected and kept confidential but, subject to the provisions of any applicable law, may be disclosed, for the purposes listed above (where applicable), to any of the following parties:

1. COMPANY and its clients where the Project Employee will be deployed;
2. agents, contractors or third-party service providers who provide services such as telecommunications, information technology, payment, payroll, processing, training, storage and archival, to COMPANY;
3. companies providing services relating to insurance and/or reinsurance to COMPANY;
4. In the event of default or disputes, any debt collection agencies or dispute resolution centers;
5. any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving COMPANY;
6. anyone to whom we transfer or may transfer our rights and duties;
7. our professional advisors such as our auditors and lawyers;
8. third parties seeking employee references in respect of former employees of COMPANY;
9. any judicial, administrative or regulatory body, any government or public or government agency, instrumentality or authority, any domestic or foreign tax, revenue, fiscal or monetary authority or agency, court, law enforcement body or any agents thereof, having jurisdiction over COMPANY (collectively referred to as “Authorities” and each an “Authority”); and
10. any other person in connection with the purposes set forth above or any other person as COMPANY deems necessary.

Overseas transfers

In connection with the purposes set out in this Data Protection Policy, COMPANY may from time to time transfer your Personal Data to third parties who are situated overseas, and it may be necessary for these third parties to further disclose Personal Data onward to other third parties. You understand and agree that in some instances however your Personal Data may have to be disclosed to organizations in countries or territories which have less stringent data protection legislation than in the Philippines.

Retention of personal data

You understand and agree that COMPANY may retain documents containing your Personal Data for such period as COMPANY considers in its reasonable discretion necessary for legal or business purposes.

Rights of the data subject

You have the following rights under the DPA, which you may exercise at your discretion.

6.1 The right to access personal information

Under the DPA, it is possible for individuals to request access to any of their personal data held by COMPANY, subject to certain restrictions. A request for disclosure of such information is called a subject access request. Any such requests should be addressed to the Data Protection Officer.

6.2 The right to make corrections to personal information

The DPA requires COMPANY to take reasonable steps to ensure that any personal data it processes is accurate and up-to-date. It is your responsibility to inform us of any changes to the personal information that you have supplied to us during the course of your engagement.

6.3 The right to object to the processing of personal information

You have the right to object to the processing of his/her personal information, including processing for direct marketing, automated processing or profiling. You shall also be notified and be given an opportunity to withhold consent to the processing in case of changes or any amendment to the information supplied or declared to you in this Data Protection Policy.

Please note that some of the personal data you have provided to us is necessary for us to comply with statutory and regulatory requirements, as well as COMPANY’s administrative policies and is thus mandatorily required to be collected and processed. Withholding of your consent to the processing of certain personal data may prevent you from availing of certain benefits.

6.4 The right to erasure or blocking of personal information

You have the right to suspend, withdraw or order the blocking, removal or destruction of your personal information from our filing system.

6.5 The right to be informed of the existence of processing of personal information

You have the right to be informed whether personal information pertaining to you shall be, is being, or have been processed, including the existence of automated decision-making and profiling.

6.6 The right to damages

Upon presentation of a valid decision, COMPANY recognizes your right to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information, taking into account any violation of your rights and freedoms as a data subject.

The right to lodge a complaint before the NPC

You have the right to lodge a complaint before the NPC.