npc logo National Privacy Commission

Effectivity Date: January 18, 2023

Note: Revision of official documents and forms is prohibited unless sanctioned by the Office of the Security Director/President.

Pursuant to Republic Act No. 10173 or the Data Privacy Act of 2012 and the implementing rules, regulations and issuances of National Privacy Commission (Privacy Laws)HGC takes the importance of privacy, and we are committed to the protection of the privacy in your employment and business dealings with HERSTAL GROUP of COMPANIES (HGC). This Privacy Policy describes what Personal Data (described further below) our company as well as all the subsidiary companies (SHSAI, HSAI-PDA, HGC Security Academy and HASAI) collects all your personal data as a present/current, prior or former employees and business partners.

This Privacy Policy covers what Personal Data we collect about you, how the Personal Data will be used and shared (if at all), how the Personal Data will be stored, and your rights in relation to the collection of your Personal Data during, before or after your employment and/or business dealings with HGC. It also describes how you can access, modify and if needed, request deletion of your Personal Data. This Privacy Policy also covers how your Personal Data is handled by our third-party data processors.

Article 1 – DEFINITIONS:

APPLICABLE COMPANIES: This Privacy Policy is applicable to all the Companies that belongs to HGC; HASAI, HSAI, SHSAI, HSAI-PDA, and HGC Security Academy )

COMPANY: For the purpose of this Privacy Policy, we will refer to the Company as “HGC”, we, our or us.

EMPLOYEE: This Privacy Policy applies to the Personal Data of all individuals who seek, are or were employed by HGC. These individuals shall be referred to as Employee or Employees. When we refer directly to you, as Employee, we’ll refer to you as you, as well as through second-person pronouns such as you and yours.

BUSINESS PARTNERS: An individual or entity or corporation duly registered with DTI or SEC conducting business with HGC as a customer, service provider or supplier.

PERSONAL DATA: “Personal Data” means information that we obtain from you in connection with your potential, current, or past employment with us that can identify as you. For the purpose of this Privacy Policy, Personal Data is any information about an identifiable Employee that seeks to be, is or was employee of HGC. Personal Data does not mean any data that is anonymized that cannot identify you in anyway.

Article 2 – CONTACT INFORMATION:

The best way to contact us is through our official email address: dpo@herstal-advanced.com /info@herstal-advanced.com

You may contact us for any questions you have about the handling and processing and access of your Personal Data or any other request. If you are unsatisfied with the handling of your Personal Data, you may make an official complaint with relevant Data Protection Authority, National Privacy Commission (NPC).

Article 3 – COLLECTION OF PERSONAL DATA:

We collect different types of Personal Data in different ways. Some of the Personal Data gathered is automatic (through technologies which give us information about you), and some of the information is given by you directly to us.

In order to ensure that we are meeting our responsibilities and duties as your employer and business partner, we collect, process and maintain different types of Personal Data in regards to those individuals who seek to be, are, or were employed and business partners of HGC, including, but not limited to:

  1. Gender,
  2. Marital status, for the purpose of ascertaining and distributing benefits such as health insurance,
  3. Dependent status, for the purpose of ascertaining and distributing benefits such as health insurance,
  4. Date of birth,
  5. General contact information, such as address, telephone/mobile number, email address,
  6. Personal Data Sheet (PDA) that you filled-up and provided to us,
  7. Your hiring date,
  8. Your job title,
  9. The location where you are deployed/posted
  10. Any training or education programs you undertake through us,
  11. Professional or personal references,
  12. Company policies and employment forms you signed,
  13. Payroll information: This includes, but is not limited to, tax forms such as W9, tax forms/TIN Number, SSS, PH, MID, bank information, and your photo ID. If at any point your payroll information changes, you will be required to fill out updated payroll forms. These forms will be kept in your 201 files along with any previous payroll forms that you have given HGC,
  14. Forms that contain any information relating to your personal employee benefits, health care, and insurance plans,
  15. Beneficiary information,
  16. The contact information of the individual that you listed in your PDS to be notified in the event of an emergency. This includes phone/mobile number, addresses, and any other personally identifying information for that individual,
  17. Assessments, evaluations, performance review, training completion rates, and training scores,
  18. Any monetary raises, bonuses, commissions, salary, overtime rates,
  19. Any requested time off, paid leaves, tardiness, and other requests on work schedule,
  20. Grievances, including complaints made by fellow employees, clients, or business partners, corrective action plans/punitive actions, and administrative cases and write-ups,
  21. Awards, including recommendations, and other recognitions for quality of work,
  22. Letter of resignation, if received by HGC,
  23. Letter of termination, if given/issued,
  24. Other relevant personal information you voluntarily provided to us.

Article 4 – USE OF PERSONAL DATA:

HGC uses all Personal Information collected to effectively run its core business, Security Services, to help us provide a pleasant, safe and productive work environment for all employees.

Other processes that use Personal Data collected:

  1. Endorsement to client for deployment and postings,
  2. Accurate payroll processes,
  3. Insurance enrollment,
  4. Management and business plans,
  5. Business mailings,
  6. Employee reviews,
  7. Handle internal disputes and grievances,
  8. Analyze your qualifications,
  9. Claims analysis and processing,
  10. Internal accounting,
  11. Work supervision,
  12. Work training and education,
  13. Applicable laws, rules, and regulations compliance.

As employer and business partner, Personal Data were processed pursuant to Data Privacy Act of 2012 or Republic Act 10173 to include employment Personal Data processing as the law required for legitimate business purpose, to protect HGC, its employees and business partner’s personal and vital interest, provided that a consent to process is warrantied. HGC may process Personal Data without the Data owner’s consent and knowledge, only if required by Law to do so, otherwise Personal Data processing will not commence without explicit consent.

HGC, to preclude fraud, will commence Personal Data processing to ensure security of its core business.

Article 5 – SPECIAL CATEGORIES OF PERSONAL DATA:

HGC may collect certain sensitive data, as defined under relevant applicable laws, rules and regulations. If required to provide these data categories, you may request for the purpose for which the data is required and have an option not to provide if so desired. These special categories of Personal Data are being collected and processed through voluntary disclosure for our legitimate business purposes, including to carry out legal obligations and responsibilities as needed and required;

  1. Racial origin,
  2. Ethnic origin,
  3. Religious or spiritual belief,
  4. Political opinion,
  5. Criminal background,
  6. Sexual orientation,
  7. Health data,
  8. Biometric data,
  9. Genetic data,
  10. Trade or union membership.

Collection of other sensitive data not listed above will be covered by an explicit written consent.

Article 6 – DATA SHARING:

Sharing of Personal Data is done with the individuals and entities connected in the fulfillment of HGC’s duties and responsibilities within the employee-employer relationship and other but not limited to legal business transactions only when required by applicable laws (Collectively, “CLIENTS AND BUSINESS PARTNERS”). These includes but not limited to personnel 201 files, local and national clearances, medical records, educational background and other relevant employment Personal Data.

Personal Data are also shared with other “Third-Party Service Providers” including, Online System Service Provider (HRIS), HGC website domain server host, HMO, insurance provider and other similar entities as a support in the employment relationship or official business transactions

“Third-Party Service Providers” in partnership with HGC are utilized for the improvement of our business operations, Personal Data being shared are limited to “IF NEEDED” basis, special Personal Data sharing must be covered by an explicit consent. Third-Party Service Providers warrants that all Personal Data shared were adequately protected in consistent with this Privacy Policy.

As needed, Personal Data may be shared with third-party without consent or prior knowledge with limitations to only as needed, disclosures is limited to the following circumstances;

  1. Legal rights protection of HGC,
  2. Compliance to Local and/or National laws and regulations,
  3. Response to request, such as discovery, criminal, civil or administrative processes, subpoenas, court orders or writs from law enforcement or other governmental or legal bodies,
  4. Filing of legal, criminal case against an employee who violated the law,
  5. Business transfer, sale or transfer of Company assets,
  6. Cooperation/coordination with any lawful investigation, inquiry about past, present or potential employee/s,
  7. Fraudulent activity within or in connection with HGC or any activity that may violate HGC’s ethics, guidelines or other applicable rules.

Article 7 – DATA TRANSFER:

HGC is based in 104 Dona Soledad Avenue, Don Bosco Paranaque City where all Personal data are stored on-site. Personal Data may be transferred off-site in a location hosted by the subsidiary companies as indicated above and a third-party service provider as described above, these locations, physical or otherwise can be located in any state or country, data transfer to these physical and virtual locations entails the possibility of risks to include data breaches and loss. HGC will continue to adopt present acceptable Data Transfer standards described herein, changes or update on Personal Data Processing to include international transfer of Personal Data, HGC will publish new standards and will seek updated “DATA PRIVACY CONSENT”.

Article 8 – DATA STORAGE AND SECURITY:

HGC actively store Personal Data as long as necessary for the benefits and protection of employer-employee relationship or until your separation from employment, HGC will retain your Personal Data as inactive for five (5) years and will delete the data afterwards as required by accounting record standards.

HGC employs organizational and technical security measures to protect your Personal Data, limiting access securing/encrypting data network. HGC ensures protection and unauthorized access of your Personal Data, free from disclosure or destruction by utilizing practices that are consistent with industry standard to protect the privacy of all employees, previous, present or prospective.

Note that no system involving the transmission of information via the Internet or electronic storage of data is completely secured, no matter what reasonable security measures are taken. HGC take the protection and storage of Personal Data seriously, taking all reasonable steps to protect Personal Data, HGC cannot be responsible for data breaches that occurs outside of its control and jurisdiction. In the event of Personal Data breaches, HGC will take reasonable measures to mitigate the impact of such and will notify all concerned of such breaches as soon as possible.

Article 9 – PERSONAL DATA OWNER’S RIGHT:

Personal Data owner have the right to access their data and to correct, amend (with prior concurrence and validation from HGC’s management)or request to delete the data if found inaccurate or has been processed in violation of this Privacy Policy, except when the burden or expense of providing access, correction, amendment or deletion would be disproportionate to the risks to your privacy, or where the rights of other individual would be violated. To exercise these rights, you may contact HGC’s DPO.

Concerned individual may also contact the DPO to restrict sharing of Personal Data to third-party entities if warrantied, in compliance with Republic Act 10173 of Data Privacy Act of 2012.

In the event that Personal Data collected covered by this Privacy Policy is to be used for any purpose materially different from the purpose hereto described or disclosed to a third-party not acting as HGC’s agent or business partner, in a manner contrary to this Privacy Policy, concerned individual may choose to opt-out of this materially different use or disclosure.

Article 10 – DATA PROTECTION OFFICER:

HGC have appointed or designated an official DATA PROTECTION OFFICER (DPO), hereto is the data and contact information for any concern or questions pertaining to this Privacy Policy;

Data Protection Officer: Mr. Erikson M. Ygloria

Mobile Number: +63917-703-9708

Email Address: emygloria@herstal-advanced.com / erikson.ygloria@gmail.com

Article 11 – MODIFICATIONS AND REVISIONS:

HGC reserves the right to modify, revise or otherwise amend this Privacy Policy at any time and in any manner. Any amendments will be published conspicuously in HGC’s head office and company's websites and all branches and posts bulletin boards to inform all concerned personnel. Unless an updated consent is specifically obtained, any changes to the Privacy Policy will only impact the information collected on or after the date of amendment.

Revisions:

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Privacy Policy