I. POLICY STATEMENT
As an organization that values compliance with law at all times, MNC 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”).
III. HOW DOES MNC COLLECT YOUR INFORMATION?
This section discusses MNC’s “Personal Information Collection Methods”, or the general instances when MNC collects your Personal Information:
a) when you visit MNC’S website at https://www.mondenissin.com/ and you contact MNC by sending an inquiry, a comment, complaint or feedback, or when you submit your resume in connection with employment opportunities in MNC;
b) when you enter into contracts, or perform transactions, with MNC;
c) when you provide your personal information in any medium or form of communication with any duly-authorized employee or representative of MNC;
d) when MNC obtains verification information about you through trusted third parties (i.e., social media pages MNC owns or controls); and
e) passively, through technology such as “cookies”.
IV. WHAT PERSONAL INFORMATION DOES MNC COLLECT?
Through the Personal Information Collection Methods, MNC may, at the minimum, collect the following Personal Information from you:
a) Name; and
b) Contact details (e.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 MNC, please refer to the Privacy Notices and Consent Forms that MNC 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.
V. WHY DO WE COLLECT YOUR PERSONAL INFORMATION?
MNC collects your Personal Information for any of the following purposes:
a) Employment-related –
- in fulfillment of MNC’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 MNC distributes.
c) Marketing and promotional activities –
- maintaining communication with you regarding the products MNC distributes, or generally to communicate to you our product campaigns or promotions, with your consent;
d) In order to perform MNC’s contractual obligations with its contract counterparties (e.g., its distributors/sub-distributors, service providers, suppliers, or with any other individual or entity with a business relationship with MNC);
e) Legal purposes –
- to assert or prosecute legal claims by, and defend claims against, MNC;
- 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 MNC’s personnel and/or assets.
f) Other purposes ancillary to the above –
- Assessment or review of MNC’s compliance with applicable laws and regulations (including accounting regulations), or with internal processes and procedures, or in relation to MNC’s engagement with professional advisors such as legal counsel, audit firms/external auditors, or insurance agents.
VI. BASES FOR PROCESSING OF PERSONAL INFORMATION
a) your consent as Data Subject;
b) fulfillment of contractual obligations;
c) fulfillment of statutory or regulatory obligations; and
d) MNC’s legitimate interests.
VII. TRANSFER AND DISCLOSURE OF PERSONAL INFORMATION
MNC may share, transfer, and disclose your Personal Information to the following:
a) MNC’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) MNC’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) MNC’s subsidiaries and affiliates; and/or
d) Potential joint venture partners, creditors, or investors.
VIII. WHAT ARE YOUR RIGHTS AS A DATA SUBJECT?
MNC recognizes your rights as a Data Subject, as provided under the Data Privacy Laws:
a) Right to be informed
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 MNC’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 MNC, 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 MNC 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 MNC 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) MNC 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.
MNC may, in certain instances, charge you a reasonable fee for the costs incurred by MNC in connection with your request to access your personal information in MNC’s system, such as when servicing your request would involve MNC incurring unusual costs or harnessing resources.
d) Right to Rectification
You have the right to dispute any inaccuracy or error in your Personal Information that MNC may be holding. In such cases, MNC will accordingly correct any error(s) promptly, unless your request is found to be malicious or unreasonable. MNC 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.
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 MNC’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;
iii) The processing is unlawful; or
iv) In case of violation of the rights of the data subject.
f) Right to data portability
You have the right to receive Personal Information that you have provided MNC in a structured, commonly used, and machine readable format, for further use. You also have the right to request from MNC 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
MNC 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 MNC KEEP YOUR PERSONAL INFORMATION?
In accordance with the Data Privacy Laws and other applicable laws, MNC 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 MNC’s legal rights, or to defend claims and actions against MNC;
- pursue legitimate business purposes consistent with applicable industry standards, or as approved by regulator(s) or the relevant government agency;
- comply with MNC’s statutory, regulatory and other good governance compliance obligations (e.g., fraud identification and protection, anti-money laundering regulations, tax compliance, and regulatory disclosures).
MNC 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 MNC PROTECT YOUR PERSONAL INFORMATION?
MNC 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 MNC collects through the Personal Information Collection Methods. These safeguards vary, depending on the sensitivity of the Information that MNC collects and stores.
XI. UPDATES TO CHANGES TO THIS PRIVACY.
XII. HOW CAN YOU REACH US?
The Data Protection Officer
Monde Nissin Corporation
Mailing Address: Felix Reyes St., Balibago, City
of Santa Rosa, Laguna, Philippines, 4026
Tel. No.: +63 9178396320
XIII . EFFECTIVITY
Adopted by the unanimous vote of the Board of Directors on March 1, 2021.
We, Monde Nissin Corporation (‘the Company’) provide a whole host of food-related services to our clients. In providing such support and services, we rely heavily on personal information, whether it be the information of our clients, our employees, or any other individual in connection with any matter that we handle.
Given the importance of privacy to all concerned parties, we are committed to the highest standards of privacy and data protection compliance and expect everyone in our Company to adhere to these standards. We demand highest standards of ethics and compliance with applicable laws and rules from our management, employees, and third-party suppliers and service providers.
This Policy applies to all of our facilities, as well as all the services that we offer.
This Policy does not apply to any website, product or service of any third-party organization even if the website links to (or from) our Website. Please always review the privacy practices of any third-party organization before deciding whether to provide any information.
By using our services, you accept the practices described in this Policy. If you do not agree with this Policy, you should immediately cease and desist from using our Services. Continued use of our Services will signify your acceptance of this Policy.
III. What information do we collect?
When you use our Services, we collect your Personal Information.
The term “Personal Information”, as used in this Policy, 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 the Company, that 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.
For a detailed list of the Personal Information that we do collect, please refer to the various Notices and Consent Forms that we use, with such Notices and Consent Forms classified according to the kind of data subject.
IV. Why do we collect your Personal Information?
We collect your Personal Information for the following purposes:
• To receive customer complaints or feedback;
• To allow MNC to take the necessary action in response to the complaint or feedback;
• To maintain constant communication with our clients;
• To manage the process of billing our clients for services rendered; and
• To assert and defend any legal claims by or against the Company.
Subject to the Data Privacy Act and with your consent, we may share, preserve, transfer, and disclose your Personal Information to the following:
• Third party suppliers and service providers that help us provide our services, to the extent needed to perform their duties and their functions; and
• Government authorities and such entities that may have a legitimate and legal interest in the information, in response to a legal request such as a search warrant, court order or subpoena, if we believe in good faith that we are required to do so under the law.
V. How do we collect your information?
Whenever you use our Services, we collect your Personal Information.
Broadly speaking, we collect information in three ways: (1) when you provide it directly to us, (2) when we obtain verification information about you or your company through trusted third parties, and (3) passively through technology such as “cookies”.
Specifically, we collect Personal Information from you through contracts, notes taken and prepared by our lawyers and staff, physical or electronic communication (e.g. electronic mail), verification information from trusted third parties, passive technologies (e.g. cookies), and documents or forms bearing your personal information that you submitted or was acquired by us with your authorization.
VI. What are your rights as a data subject and how do you exercise them?
As a data subject whose Personal Information will be collected and processed by us, you are entitled to the following rights, pursuant to Section 16 of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, and Section 34 of its Implementing Rules and Regulations:
1. Right to be informed
You have a right to be informed whether Personal Information pertaining to you shall be, are being, or have been processed, including the existence of automated decision-making and profiling.
2. Right to object
You shall have the right to object to the processing of your 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 the data subject.
3. Right to Access
You have a right to be given access to specific kinds of information identified in the Data Privacy Act upon reasonable written demand.
4. Right to Rectification
The data subject has the right to dispute the inaccuracy or error in the Personal Information and have us correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable.
5. Right to Erasure or Blocking
You shall have the right to suspend, withdraw or order the blocking, removal or destruction of your Personal Information from our filing system.
6. Right to Damages
Upon presentation of a valid decision, we recognize 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 data subject.
Please note that this is not an exhaustive discussion of your rights as a data subject. If you wish to know more, please see our Data Subject Rights Policy.
VII. What principles do we follow when we collect your information?
In compliance with the applicable laws and regulations, we pledge to observe the following principles:
1. Principle of Transparency
We are committed to ensuring that you know why we collect Personal Information, as well as how much of it we collect. As we seek to ensure the security of your Personal Information, we make sure that you know what risks are involved when we collect and use your Personal Information, as well as the measures we have established to ensure that those risks are lessened or eliminated.
2. Principle of Legitimate Purpose
We are committed to ensuring that your Personal Information will only be used for specified, legitimate purposes. No Personal Information shall be used for a purpose other than that which has been told to you and have been consented to by you.
No Personal Information shall be collected without your consent. If you wish to withdraw consent to the collection of your Personal Information, kindly give us reasonable written notice so we may have time to cease any and all processing
3. Principle of Proportionality
We are committed to ensuring that we do not collect Personal Information more than what is necessary from you. Personal Information shall be collected only to the extent that is needed for the purposes specified in this Policy.
4. Principle of Lawful Processing
We pledge that we shall uphold your right as a Data Subject. You shall have the right to refuse, withdraw, consent, or object to the use and collection of your Personal Information.
In the event that you refuse to give consent, your Personal Information shall no longer be processed, unless:
• The Personal Information is needed pursuant to a subpoena;
• The collection and processing are for obvious purposes, including, when it is necessary for the performance of or in relation to a contract or service to which the customer is a party; or
• The information is being collected and processed as a result of a legal obligation.
Any information to be provided by you shall always be in clear and plain language, to ensure that the information is easy to understand and access.
5. Data Retention
Whatever Personal Information given to us by you or pertaining to you shall only be retained for as long as necessary:
• For the fulfillment of the declared, specified, and legitimate purpose, or when the processing relevant to the purpose has been terminated;
• For the establishment, exercise, or defense of legal claims; or
• For legitimate business purposes, which must be consistent with standards followed by the applicable industry or approved by the appropriate government agency.
Personal Information provided to us by you shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party, or prejudice the interests of our customers.
For a more detailed discussion regarding the retention of your Personal Information, please refer to our Data Retention Policy.
VII. Why do we retain your personal information?
VIII. How do we protect your personal information?
The Company has put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the Information we collect online. These safeguards vary based on the sensitivity of the Information that we collect and store.
Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If the customer has reason to believe that his interaction with us is no longer secure (for example, if the customer feels that the security of his account has been compromised), please contact our Data Protection Officer immediately. His contact details are provided in Part XI below.
IX. What about changes to policy?
X. How can you reach us?
Data Protection Officer
Monde Nissin Corporation
21st Flr., 6750 Ayala Office Tower
Tel. No.: +63 9178524044
Email Address: firstname.lastname@example.org
Please note that you, as the requesting party, would have to pay the reasonable costs and expenses incurred by the Company for producing as well as revising the requested information.
Because email communications are not always secure, you are asked to not include credit card or other sensitive data (such as racial or ethnic origin, political opinions, religion, government IDs, health, or the like) in emails sent to us.
XI . Effectivity of the policy
This policy takes effect on June 21, 2019. The Company reserves the right to modify, amend, replace or revoke this policy at any time.