REPUBLIC OF THE PHILIPPINES
CEBU CITY GOVERNMENT
DATA PRIVACY POLICY

I. Privacy Notice

This Privacy Notice (“Notice”) Is a policy on how the Cebu City Government (the “Cebu City Government”) and other government agencies, both local and national institutions, use your personal and sensitive personal information.

The Notice specifically states the kind of information to be gathered, processed, and stored, the extent and limit of its use, and the purposes to which the information is utilized. Moreover, the Cebu City Government guarantees to all data subjects the security of their information in its possession and provides available remedies in case of a serious breach.

Furthermore, the Notice enumerates the respective data privacy rights that every data subject possesses and the appropriate measures to address issues about data privacy and security.

The Cebu City Government, as the personal information controller, values data privacy and assures all users that information being voluntarily given is gathered, processed, and stored in line with the principles of transparency, proportionality, and legitimate purpose.

The Notice is crafted in compliance with the following laws and regulations:

·         Data Privacy Act of 2012 and its Implementing Rules and Regulations (IRR)

·         All corresponding circulars, memoranda, opinions, and other regulations issued by the National Privacy Commission (NPC)

The Cebu City Government reserves the right to amend the Notice following the legal developments in this jurisdiction without need of prior notice to every data subject.

In the event of any conflict between the English and other language versions of the Notice, the English version shall prevail.

II. Definitions

·         “Consent” refers to freely given, voluntary, specific, and informed indication of will by a data subject by written, electronic or recorded means in collecting and processing his or her personal and sensitive personal information.

·         “Data Subject” refers to a person whose personal and sensitive personal information is processed by the Cebu City Government. The term includes, but is not limited to, employees, agents/representatives, vendors, suppliers, clients, taxpayers, partners, contractors or service providers of the Cebu City Government.

·         “Personal Information” refers to any information from which an individual’s identity is apparent or can be reasonably determined by the Cebu City Government. It also refers to any information that would directly identify an individual when placed together with other information.

·         “Personal Information Controller” refers to the organization/department/office that controls the collection, holding, processing, or use of personal information, such as the Cebu City Government.

·         “Processing” refers to any operation performed upon personal and sensitive personal information such as the collection, recording, organization, storage, updating, modification, retrieval, use, consolidation, erasure or destruction of information.

·         “Partners” refer to parties with whom the Cebu City Government collaborates with for certain events, programs and activities.

·         “Privileged Information” refers to any information which constitutes privileged communications under the Rules of Court and other pertinent laws.

·         “Sensitive Personal Information” refers to the personal information enumerated below:

-          Individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

-          Individuals’ health, education, relations, or activities;

-          Government-issued information peculiar to an individual such as social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns;

-          Any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; and

-          Those specifically established by an executive order or an act of Congress to be kept classified.

·         “Software” refers to PASS’ technologies, website, and/or applications.

·         “User” refers to any person who accesses, downloads, registers, or utilizes PASS’ Software for purposes of availing its services.

III. Importance and Need of Consent

Data subjects are required to voluntarily signify their consent in providing their information to the Cebu City Government. The failure of the data subject to provide necessary information to the Cebu City Government will preclude the processing of his or her information and the use of services provided by the Cebu City Government.

Because the processing of sensitive personal information without consent is generally prohibited under the Data Privacy Act of 2012, the data subject consents to allow the gathering, processing, and storing the information for the purposes stated herein.

The data subject acknowledges to have read and understood the Notice and agree to the gathering, processing, and storing of personal information by the Cebu City Government through the use of services, product purchases, and other forms of communication and engagement by the data subject with the Cebu City Government.

The data subject consents to receive electronic communications that seek to inform users about the Cebu City Government, as well as administrative announcements from the sender to its existing users, subscribers, customers or clients.

The Cebu City Government may process information provided by the data subjects for the following activities:

·         Sending of alerts, newsletters, and other materials from the Cebu City Government, other government agencies and institutions, both local and national, and other partners;

·         Notifying the data subjects regarding updates, events or activities organized by the Cebu City Government and other government agencies and institutions, both local and national, and its partners;

·         Processing of such information for other lawful activities.

Persons who may provide any information about other persons in special circumstances warrant to the Cebu City Government that they obtained consent in disclosing such information and its processing for the purposes provided in the Notice.

While the Cebu City Government acknowledges that doubts in the interpretation of the provisions of the Data Privacy Act of 2012 may be resolved in favor of the data subject, consenting to this Notice binds the data subject in agreeing to the terms and conditions set herein.

IV. Processing of Information

The Cebu City Government gathers, processes, and stores fairly and lawfully any information provided by the data subject, including personal and sensitive personal information. The Cebu City Government obtains information mainly by the use of the data subject of its website and other software. The data subjects are allowed to rectify or supplement any inaccurate or incomplete information provided to the Cebu City Government.

The Cebu City Government collects information from the data subject specified and legitimate purpose only, as determined and declared before, or as soon as reasonably practicable after its collection. The Cebu City Government also retains such information only for as long as necessary for the fulfillment of the purposes for which the data was obtained.

The data subject consents to the transfer, processing, and storing of information obtained by the Cebu City Government in a jurisdiction other than the Philippines while using the Cebu City Government’s software and other services.

The data subject also agrees to the transfer of information to third parties, including partners of the Cebu City Government such as authorized government workers, for legal purposes or as required by law.

The Cebu City Government expressly denies any liability from the collection of information from the data subjects by third parties’ websites which may be linked to the Cebu City Government’s software and other services available online. Any contention about third party websites must be governed by their respective privacy notices.

The Cebu City Government is not precluded from outsourcing services of other juridical entities or individuals, including personal information processors, to gather, process, and store personal information obtained from the data subjects.

The data subject further consents to the sharing of information already in possession of the Cebu City Government in cases of official transactions.

V. Purposes of Information Processing

A.   The Cebu City Government gathers, processes, and stores information for the following general purposes:

·         Historical, statistical and scientific purposes;

·         Protecting vitally important interests, including life and health;

·         Responding to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate;

·         Eliciting feedback, suggestions, and comments;

·         Responding to questions;

·         Auditing, compiling of records, analyzing data, and other internal administrative purposes;

·         Preventing and prosecuting crimes;

·         Complying with obligations required by Philippine laws; and

·         Communicating with the data subject for purposes stated in the Notice.

B.   Specifically, information from the users are utilized for the following purposes:

·         Providing and processing services as requested or availed by the user, including any request to download and use the Cebu City Government’s Software such as the PASS application;

·         Providing benefits offered to users;

·         Processing information exchanges;

·         Processing participation in activities of the Cebu City Government such as research studies, contests, promotions, polls or similar events;

·         Analyzing customer needs and preferences and other customer-related matters;

·         Enhancing products and services; and

·         Processing of information for other legal and research purposes.

VI. Security of Personal Information

The Cebu City Government guarantees the data subjects the implementation of proper organizational, physical and technical measures to protect personal information against any accidental or unlawful destruction, alteration or disclosure, and other unlawful processing of information. The Cebu City Government assures the data subjects that measures are taken to safeguard personal information from natural and human dangers and recognizes its responsibility to determine the appropriate level of security to be maintained in dealing with various forms of information.

The Cebu City Government has implemented a security policy within its organization in dealing with the collected information. The Cebu City Government also accounts for foreseeable vulnerabilities in information collection, processing, and retention, monitors compliance with its security policy, and takes preventive measures to avoid a breach of rights of the data subjects.

The Cebu City Government undertakes to notify the National Privacy Commission (NPC) and the affected data subjects in case of the information breach and other events of similar nature for mitigating purposes.

The Cebu City Government mandates its employees, agents or representatives involved in the processing of personal information to hold information under strict confidentiality, with such obligation as a continuing one, even if they have officially severed their relations with the Cebu City Government.

User shall, by no means or circumstances, use the Services or Software to commit, cause, induce, promote, or support any illegal acts or violate the personal and property rights or privacy of any person including tracking, stalking, and harassing any person.

User shall, by no means, use the Services or Software to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any party.

User shall not take any action that may cause delay, damage, or destroy the operation of the Services or Software or the servers and network in which the Software is connected.

User shall make no attempts to undermine, impair, or damage the Cebu City Government’s online payment service or business, for example, by attempting to circumvent the Service or Software by contacting the User directly, or discouraging the User to use the Service or Software. The Cebu City Government reserves the full right to make its own determination of which action is analogous to the foregoing and recognize the same as a detrimental act.

User shall not commit any misrepresentation in the use of the Services or Software including acts of using the Services or Software in the name of another party. User shall also refrain from using the Software stored on device of any other person or allow another person to use his account.

User shall ensure custody of his device where the Software is installed at all times, as well as his username and password. User shall be responsible for any booking or activity done through his account and may not excuse himself from liability should a third party access the same without his consent. In the event that the User’s device was lost or stolen, he shall immediately inform the city of such and ensure that the data stored therein will not be illegally used or misappropriated.

VII. User’s Personal Data

User confirms that any personal data provided to the Cebu City Government’s online payment facility is true and up to date. Should there be any changes in the data provided, User confirms that he will inform the Cebu City Government of such change/s as soon as possible, in any case not later than [24 hours] after the change occurred.

User agrees to allow the Cebu City Government the use of his/her personal data (include but not limited to name, contact number, email, and address) and transfer such data to the User to provide the Services. User also grants the Cebu City Government the freedom and authority to compile, collect, store, and update his/her personal data to such extent, for and at such time period as may be necessary during the time the city provides the Services.

The Cebu City Government also invokes the principle of privileged communication over privileged information under the Rules of Court as to the information they lawfully control or process.

VIII. Rights of Data Subject

The Cebu City Government recognizes and takes responsibility for upholding every right of the data subject as mandated by the Data Privacy Act of 2012. The following are the recognized rights of the data subject:

·         To be informed whether his or her personal information shall be, are being or have been processed;

·         To access the information gathered, processed, or stored upon reasonable and valid demand;

·         To dispute the inaccuracy or error in the information;

·         To request the Cebu City Government to correct information immediately and accordingly;

·         To obtain from the Cebu City Government a copy of data undergoing process in an electronic or structured format;

·         To request to limit the processing of information; and

·         To make inquiries regarding the information gathered, processed, and used.

The Cebu City Government, however, reserves the right to refuse requests to access or rectify information for valid reasons, such as vexatious and unjustifiable requests.

IX. Supplemental Sources of Data Subject Information

The Sources of Information, other than those which the User directly provides to the Cebu City Government, may be gathered, processed and stored to wit:

·         Registration forms and other similar forms;

·         Publicly available sources;

·         Social media platforms, including the platforms directly managed by the Cebu City Government;

·         Credit reporting agencies;

·         Interactions and communications received by the Cebu City Government at events or activities;

·         Activities organized by the Cebu City Government;

·         Cookies from the data subject’s use of the Cebu City Government’s software; and

·         Other legally available sources of information

User agrees and acknowledges that the Cebu City Government’s online payment facility software compilation, collection, storage, use and transfer of his/her personal data is subject to the Cebu City Government’s Privacy and Personal Data Collection Policy (the “Private Policy”) as posted and periodically updated on the website and/or Software. User also acknowledges that he/she has read and understood the Privacy Policy before agreeing to the Terms and Conditions.

X. Cebu City Government’s Online Payment Facility Disclaimer

The Cebu City Government and its Services, including but not limited to its Services, Software, and customer service are provided to the User on an “as is” basis.

The Cebu City Government provides no warranty, assurance, or promise that its Services, Software, or customer service will work as the whole time as intended on User’s phone, computer, tablet or other device.

The Cebu City Government does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, or Software.

The Cebu City Government is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the User’s mobile device or any applications stored therein as a result of installation or use of Software.

The Cebu City Government is not liable for any losses or damages, including but not limited to any injury which the User or any person may suffer, any damage to property owned by or in the possession of the User or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Users, or the process of providing the Services.

In providing the Services, the Cebu City Government does not act as an agent or representative for any User and is not a party to the contract for hire between a User and another User.

The Cebu City Government reserves the right to terminate any engagement with User or User’s user account, created for or by the User to use or access the Services or Software should the Cebu City Government have reason to believe that the User violated these Terms and Conditions and any other agreement entered into pursuant to the Terms, including the Privacy Policy and the Referral Policy.

XI. Intellectual Property Rights

The Website, the Software, and all rights, title, and interest in and related thereto are the sole property of the Cebu City Government, its licensors, and are protected by Intellectual Property Laws.

Except for, when applicable, the limited licenses expressly granted to you in these Terms and Conditions, the Cebu City Government reserves for itself and its licensors all other rights, title to, and interest.

Third party materials, if any, and all rights, title, and interest pertaining thereto, are the sole property of the relevant third parties and are subject to any applicable licenses, conditions and/or reservations.

XII. Special Rule on User’s Personal Information

User confirms that any personal data provided to the Cebu City Government is true, correct, and updated. He or she must be responsible for informing the Cebu City Government within 72 hours as to any significant change to the information previously provided to the latter.

User consents the Cebu City Government to use his or her personal and sensitive personal information to be gathered, processed, and stored for the purposes set forth herein. The information may be readily available and transferred to User for purposes of coordination and transparency.

User grants the Cebu City Government the authority to compile, store, and update his/her personal information to a reasonable extent within the period that the Company provides its services.

User acknowledges that he or she has read and understood the Notice and consents the same by his or her continuous use of the services provided by the Cebu City Government.

XIII. User Submitted Content and Feedback

The Cebu City Government welcomes comments, and suggestions regarding the Services, the Software and Website. Please note however, that Cebu City Government does not accept nor consider creative ideas, suggestions, inventions or materials other than those which it has specifically solicited or requested.

If you submit feedback regarding the Software, Website or Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you proceed, despite this notice, in sending the Cebu City Government creative suggestions, ideas, drawings, concepts, inventions, or other content or information, you understand and agree that these submissions shall become property of the Cebu City Government. Further, by submitting the same, you irrevocably assign the right to these submissions and the Cebu City Government shall own exclusively all rights to these submissions and shall be entitled to the unrestricted use of these submissions for any purpose whatsoever, without compensation to you or any other person.

Without limitation on the foregoing, User may not reproduce, copy, modify, display, sell or distribute the Software, or any content displayed on the Software, or use them in any other way for public or commercial purpose without securing the consent of the Cebu City Government, and or the relevant third party. Violation of this provision would automatically terminate your permission to use the Software or access the Services, as such you must immediately destroy any and all copies you made of the Software or any content displayed therein.

Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider,” any web pages or any Services provided on the Software other than any search engine and search agents available from the Cebu City Government on the Software and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Opera, Chrome, etc.); and (c) aggregating, copying or duplicating in any manner any of the content or information available from the Software, without the express written consent of the Cebu City Government. The use of the content from the Software on any other website, intranet, or in a networked computer environment for any purpose is strictly prohibited.

User may visit Cebu City Hall Executive Building, MC Briones St., Cebu City for any question or concern regarding the privacy policy and practices of the Cebu City Government.

XIV. Miscellaneous

The Cebu City Government may amend these Terms and Conditions from time to time and it reserves the right to do so without prior notice. Any amendments of the Terms and Conditions shall be posted on the Cebu City Government’s website and/or Software.

The Cebu City Government may send any information regarding the Service or promotion to the User in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The User permits the Cebu City Government to send these electronic messages to the User via the contact channels provided to the Cebu City Government by the User at the time of registering its account, or any changes thereto communicated to the Cebu City Government.

User accepts fully and unconditionally the current form of the Terms and Conditions as represented on the Cebu City Government’s website and/or Software at each use of the Services.

These Terms and Conditions shall be governed by the laws of the Republic of the Philippines.