The purpose of this policy is to protect the data or personal information acquired by FOTON MOTOR PHILIPPINES, INC. (FOTON Philippines) through its website from individuals or companies who visits the FOTON website for purposes of inquiry, transacting business with FOTON and browsing. This policy assures security of information gathered while ensuring free flow of information for effective and efficient transactions.
This applies to data or information whether personal, sensitive or business data acquired by FOTON Philippines.
The policy comprises the following:
a. The Data collected
b. How the data is collected
c. Purpose of gathering the data
d. What to do with the data gathered
e. Data storage, disclosure and sharing
f. Security of Information
g. Data Retention and Disposal
h. Control of Data
i. Data Privacy Officer and Contact Information
3. DEFINITION OF TERMS
a. FOTON Philippines – refers to FOTON MOTOR PHILIPPINES, INC., its employees, board of directors, stockholders, officers, affiliates and subsidiaries
b. Data Subject – refers to individuals or corporations whose personal, business, sensitive or privilege information is processed.
c. Data – refers to personal, sensitive or privilege information of Data Subjects.
d. Personal Data- refers to all types of personal information. This includes 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. It also includes but it not limited to pictures taken of the Data Subject.
e. Business Data – refers to all types of information regarding a corporation, its stockholders, directors and its business. This includes any information, whether recorded in a material form or not, from which the identity of the corporation is apparent or can be reasonably and directly ascertained. It also includes but is not limited to pictures taken of the Data Subject.
f. Business Information – refers to government issued documents as evidence of its corporate or company existence; and those issued by the company directors authorizing the act of its representatives.
g. FOTON One System - is all-in-one management software that FMPI and its programming partner XWARE I.T. Consultancy has designed and developed specifically for the needs of all FOTON Dealerships in their daily operations. It integrates transactions pertaining to Accounting, Purchasing, Unit Sales, Service and Warranty, and Parts Sales, thus, it provides for a streamlined recording of all activities done and in producing coherent and efficient reports.
h. Marketing Activities – refers to activities related to advertising or marketing and promoting the sale of FOTON Vehicles, Spare Parts and Services. It involves sending invitation for sales promotion, marketing event, product launches and posting to social media of pictures and events related to FOTON Products.
i. 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. This includes sensitive information.
j. Personal information controller (PIC) - refers to a natural or juridical person, or any other body who controls the processing of personal data, or instructs another to process personal data on its behalf. For this purpose, the Personal Information Controller is United Asia Automotive Group, Inc.
k. Personal Information Processor (PIP) – refers to any natural or juridical person or any other body to whom a personal controller may outsource or instruct the processing of personal data pertaining to a data subject. For this purpose, the Personal Information Process is the employee from each Division tasked with collecting personal information from clients, employees or third parties.
l. Processing - refers to any operation or any set of operations performed upon personal data including, but not limited to, the collection, recording, organization, storage, sharing, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. Processing may be performed through automated means, or manual processing, if the personal data are contained or are intended to be contained in a filing system;
m. Privileged information - refers to any and all forms of data, which, under the Rules of Court and other pertinent laws constitute privileged communication or those that the company considers as confidential information;
n. Sensitive personal information refers to personal information
• About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
• About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings;
• Issued by government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
• Specifically established by an executive order or an act of Congress to be kept classified.
o. Data Processing Officer (DPO) – is the person assigned to monitor internal compliance and ensure that the company processes personal data in compliance with applicable data protection laws and the Data Privacy Manual.
4. DATA PERTAINS TO THE FOLLOWING:
a. The Personal data:
iv. Civil Status
v. Contact Informations
vi. Social Security System (SSS) Information
vii. Tax Identification Number (TIN)
viii. Philhealth Information
ix. Home Development Mutual Fund (Pag-Ibig) Information
x. National Bureau of Investigation (NBI) Clearance
xi. Police Clearance
xii. Barangay Clearance
xiii. Birth Certificate
xiv. Marriage Certificate
xv. Birth Certificate of Children
xvi. Valid government I.D.
xvii. Pre-employment medical results
xviii. Family Background
xix. Educational Background
xx. Work Experiences
b. Business Data
i. Client’s Name
ii. Client’s Address
iii. Client’s Civil Status
iv. Client’s Age
v. Client’s Contact Information
vi. Client’s Tax Identification Number (TIN)
vii. Company Background
viii. Company Profile
ix. Name of stockholders
x. Name of Directors
xi. Name of Corporate Officers
xii. Name of Company Representatives
xiii. Business Permit
xiv. Department of Trade and Industry (DTI) Registration
xv. Articles of Incorporation and By Laws
xvi. Securities and Exchange Commission (SEC) Certificate
xvii. General Information Sheet (GIS)
xviii. Bureau of Internal Revenue (BIR) Registration
xix. List of clients
xx. List of suppliers
xxi. Financial Capacity
5. HOW DATA IS COLLECTED
The data is collected through the following:
i. When entering the FOTON Website
ii. When participating in FOTON Philippines’ marketing activities
iii. When communicating with FOTON PHILIPPINES
iv. Application for employment at FOTON PHILIPPINES
v. Upon product or service inquiry
vi. Upon request for company accreditation
vii. Endorsement of information from our accredited Dealerships
viii. During negotiations with FOTON PHILIPPINES
ix. Upon entering into sales or contractual relationship with FOTON PHILIPPINES
x. Upon entering into Business Transaction with FOTON PHILIPPINES
xi. Walk-in clients
xii. Those freely given by the data subject to FOTON PHILIPPINES
xiii. Upon entering FOTON PHILIPPINES’ company premises
6. PURPOSE OF GATHERING THE DATA
The gathering of data shall be for the following purpose:
a. Sales transactions
b. Service Transactions
c. Contractual Relationships
d. Business Negotiations
e. Purchase Transactions
f. Application for Employment
g. 201 Employment file
h. Marketing Activity
i. Supplier Accreditation
j. Invitation for FOTON PHILIPPINES’ events
k. For purposes of providing excellent customer service
7. WHAT TO DO WITH THE DATA GATHERED
a. Sales Transactions
i. Data gathered from browsing our website, communicating with FOTON Philippines, marketing activities, inquiries, walk-in clients, or those endorsed by FOTON Philippines’ accredited Dealerships shall be used by our sales agents for purposes of introducing and selling our products.
ii. Data gathered from browsing our website, communicating with FOTON Philippines, marketing activities, inquiries and walk-in clients may be endorsed to our Accredited Dealerships for purposes of introducing and selling our products to potential clients.
iii. Data gathered from our clients shall likewise be shared to FOTON Manufacturers and Assemblers and FOTON Distributors for purposes of providing the utmost customer service to its clients
iv. Data gathered may also be shared to bank partners, insurance companies or government agencies when necessary for processing of sales and service transactions, bank financing application, application for compulsory third party application for insurance and Land Transportation Office (LTO) registration.
b. Marketing Activity
i. Data gathered shall be used for marketing activities such as invitation for sales promotion, marketing events and product launches.
ii. Data gathered shall be used as client references and shall be endorsed to our authorized sales agents and accredited Dealerships for purposes of sales transactions with FOTON Philippines.
iii. Data gathered such as pictures of Data Subject during marketing events or business transactions may be used by FOTON Philippines in promotional activities.
c. Supplier Accreditation
i. Data gathered for purposes of supplier’s accreditation shall be used by FOTON Philippines in accrediting its suppliers for purposes of sales transactions, product inquiries, processing of payments, tax purposes and other related transactions.
d. Service Transactions
i. Data gathered shall also be used in service transactions such as After Sales Services.
e. Contractual Relationship
i. Data gathered shall be used in drafting contracts, memorandums, and other legal documents for purposes of entering into business transactions with FOTON Philippines.
f. Legal Matters
i. Data gathered shall likewise be used for establishment, exercise of FOTON Philippines’ legal claims or defense.
g. Business Negotiations
i. Data gathered may be used for negotiations for possible business transactions with FOTON Philippines.
h. Purchase Transactions
i. Data gathered shall be used for transactions entered into by FOTON Philippines other than the transactions above-mentioned.
i. Application for Employment and Employment at FOTON Philippines
i. Data gathered from FOTON Philippines’ employees shall be used for employee information to be submitted to government agencies in connection with their employment, client referrals in terms of sales transactions and services, background investigation and other third party transactions which require divulging employee information for legitimate purpose.
ii. The name and contact information of the unsuccessful applicants are stored in the FOTON PHILIPPINES’s data base for future reference.
8. DATA STORAGE, DISCLOSURE AND SHARING
Data gathered shall be stored at FOTON Philippines’ FOTON One System, FOTON Data Base and FOTON Hard Copy Files.
Personal or Business Data of clients, suppliers or those other than the employees of FOTON Philippines shall be disclosed and shared with FOTON Philippines’ authorized Sales Agents, accredited Dealerships, FOTON Assemblers and Manufacturers, FOTON Distributor, Bank Partners, Insurance Companies and to those providing shared services with FOTON Philippines, FOTON Philippines’ affiliates and subsidiaries.
Access to Personal Data of employees and applicants shall be restricted to Human Resource and Administration Division, Finance Division and Legal and Compliance Division. Access to Personal or Business Data of clients, suppliers or those other than the employees of FOTON Philippines shall be limited to Sales and Marketing Division, Dealer Development Division, Legal and Compliance Division and Finance Division.
The data to be disclosed and shared shall only be limited to such extent necessary to render effective the purpose for which the Data is gathered such as but not limited to transactions with FOTON Philippines, marketing activities or employment.
The data collected may also be disclosed to courts and government agencies pursuant to and in compliance with applicable laws and regulations, subpoena or court order.
9. SECURITY OF INFORMATION
FOTON Philippines is committed is ensuring the security of the data gathered from the data subject and FOTON Philippines undertakes to make the necessary actions and security measures in collecting, receiving, transmitting, sharing, storing and disposing of the data gathered.
FOTON Philippines likewise undertakes to gather the necessary consent forms in gathering data as well as entering into agreements such as but not limited to Data Sharing Agreement for the protection of the Data Subjects.
Should there be unauthorized access of data from FOTON Philippines, hacking, or breach in information, FOTON Philippines shall immediately inform the Data Subject about such breach as well as place security measures to impede the further leakage of Data or breach of information.
10. DATA RETENTION AND DISPOSAL
FOTON Philippines shall keep the data gathered only for as long as it is necessary. Client’s information are only kept for five (5) years from the time of its last transaction or communication with FOTON Philippines except when retention thereof for a longer period is necessary.
Personal Data and Business Data shall likewise be kept for purposes of establishment, exercise and defense on legal claims.
The Disposal of the Data shall be through deletion in FOTON One System, FOTON Data Base or shredding or burning of hard copy files.
11. CONTROL OF DATA
The Data Subject can request for a copy of his or her personal data or business data and the same may be updated or revised if the same is incorrect or inaccurate.
The Data Subject may likewise request for the deletion, revision and updating of his or her data or business data from our Data Privacy Officer.
12. DATA PRIVACY OFFICER AND CONTACT INFORMATION
Data Privacy Officer
4424076-78 loc. 5122
728 A. Bonifacio Ave. Balintawak, Quezon City
CHANGES TO POLICY
FOTON Philippines reserves the right to change, revise or modify this policy as necessary.