Legal Policy
1.0 Purpose
2.0 Scope
This applies to data or information whether personal, sensitive or business data acquired by FMPI.
The policy comprises the following:
The Data collected
How the data is collected
Purpose of gathering the data
What to do with the data gathered
Data storage, disclosure and sharing
Security of Information
Data Retention and Disposal
Control of Data
Data Privacy Officer and Contact Information
3.0 Definition of Terms
a. FMPI
- refers to Foton Motors Philippines Inc., its employees, board of directors, stockholders, officers.
b. FMPI affiliates and subsidiaries
- refers to the sister company of FMPI.
c. Consent of the data subject
- refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to do so.
d. Data subject
- refers to an individual whose personal information is processed.
e. Direct marketing
- refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals.
f. Filing system
- refers to any act of information relating to natural or juridical persons to the extent that, although the information is not processed byequipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular person is readily accessible.
g. Information and Communications System
- refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.
h. 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.
i. Personal information controller
- refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The term excludes:
(1) A person or organization who performs such functions as instructed by another person or organization; and'
(2) An individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or household affairs.
j. Personal information processor
- refers to any natural or juridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.
k. Processing
- refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.
l. Privileged information
- refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.
m. Sensitive personal information
- refers to personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) 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 person, the disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified. 1
n. 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 FMPI Dealerships, 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.
o. Brand App
- are applications created by FMPI and its programmers for its specific brands (FOTON, CHERY, MUTT), for its customers for proper identification of products, price, and services.
p. Marketing Activities
- refers to activities related to advertising or marketing and promoting the sale of FMPI 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 FMPI Products.
q. 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.
4.0 Personal Information shall include but not limited to the following:
a. Individual
Name
Address
Age
Civil Status
Contact Information
Social Security System (SSS) Information
Tax Identification Number (TIN)
Philhealth Information
Home Development Mutual Fund (Pag-Ibig) Information
National Bureau of Investigation (NBI) Clearance
Police Clearance
Barangay Clearance
Birth Certificate
Marriage Certificate
Birth Certificate of Children
Valid government I.D.
Pre-employment medical results
Family Background
Educational Background
Work Experiences
Data Subject’s Pictures
Medical Information or Results
b. Business/ Corporations
Corporate Name
Corporate Address
Representative’s Name
Representative’s Address
Representative’s Civil Status
Representative’s Age
Representative’s Contact Information
Representative’s Tax Identification Number (TIN)
Company Background
Company Profile
Name of stockholders
Name of Directors
Name of Corporate Officers
Name of Company Representatives
Business Permit
Department of Trade and Industry (DTI) Registration
Articles of Incorporation and By Laws
Securities and Exchange Commission (SEC) Certificate
General Information Sheet (GIS)
Bureau of Internal Revenue (BIR) Registration
List of clients
List of suppliers
Financial Capacity
Data Subject’s Pictures and Logo
5.0 How data is collected
The data is collected through the following:
When inquiring at FMPI’s brand website.
When participating FMPI’s marketing activities
When communicating with FMPI
Application for employment at FMPI
Employment at FMPI
Upon product or service inquiry
Upon request for company accreditation
Endorsement of information from our accredited Dealerships
During negotiations with FMPI
Upon entering into sales or contractual relationship with FMPI
Upon entering into Business Transaction with FMPI
Walk-in clients
Those freely given by the data subject to FMPI.
Upon entering FMPI’s company premises
Usage of FMPI App
6.0 Purpose of gathering data
The gathering of data shall be for the following purpose
a. Sales transactions
b. Service Transactions
c. Contractual Relationships
d. Business Negotiations
e. Business Transactions
f. Purchase Transactions
g. Application for Employment
h. 201 Employment file
i. Marketing Activity
j. Brand Promotions
k. Digital Marketing
l. Supplier Accreditation
m. Invitation for FMPI events
n. For purposes of providing excellent customer service
7.0 What to do with data gathered
a. Sales/ Parts/ After Sales Transactions or Services
i. Data gathered from browsing our website, communicating with FMPI, marketing activities, inquiries, walk-in clients, or those endorsed by FMPI’s accredited Dealerships shall be used by our Sales Department for purposes of introducing and selling our products and services.
ii. Data gathered from browsing our website, apps or communicating with FMPI, marketing activities, inquiries and walk-in clients may be endorsed to our Accredited Dealerships for purposes of introducing and selling our products and services to potential clients.
iii. Data gathered from our clients shall likewise be shared to FMPI’s Manufacturers and Assemblers and FMPI Suppliers 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 whennecessary 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 whether actual or virtual.
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 FMPI.
iii. Data gathered such as pictures of Data Subject during marketing events or business transactions may be used by FMPI in promotional activities, including digital marketing.
c. Supplier Accreditation
i. Data gathered for purposes of supplier’s accreditation shall be used by FMPI in accrediting its suppliers for purposes of sales transactions, product inquiries, processing of payments, tax purposes and other related transactions.
d. Contractual Relationship
i. Data gathered shall be used in drafting contracts, memorandums, and other legal documents for purposes of entering into business transactions with FMPI.
e. Legal Matters
i. Data gathered shall be used for establishment, exercise of FMPI’s legal claims or defense.
f. Business Negotiations
i. Data gathered may be used for negotiations for possible business transactions with FMPI.
g. Purchase Transactions
i. Data gathered shall be used for transactions entered into by FMPI other than the transactions above- mentioned.
h. Application for Employment and Employment at FMPI
i. Data gathered from FMPI 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. Personal Information gathered from employees or prospective employees may be used in legal claims and defense in cases filed by and against the company.
iii. Personal Information gathered from employees or prospective employees may be divulged to third parties conducting background investigations.
8.0 Data Storage, disclosure and sharing
Data gathered shall be stored at FMPI’s One System, Digital Data Base, Servers, Cloud, and Warehouses, Filing Cabinets and Vaults.
The name and contact information of unsuccessful employment applicants are stored in FMPI’s data base and filing cabinets for future reference. Personal Information of FMPI employees shall be stored in their 201 files Filing and AMS System. Personal information of FMPI separated employees shall be stored in FMPI Warehouse and AMS System.
Personal or Business/ Corporate Data of clients, suppliers or those other than the employees of FMPI shall be disclosed and shared with FMPI authorized Sales Teams, accredited Dealerships, Assemblers and Manufacturers, Suppliers, Bank Partners, Insurance Companies and to those providing shared services with FMPI, FMPI’s affiliates and subsidiaries. The personal information shall be stored FMPI’s One System, Digital Data Base, Servers, Cloud, and Warehouses, Filing Cabinets and Vaults.
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 FMPI, 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.
9.0 Access to personal data/information
Access to Personal Data or Information 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 FMPI shall be limited to Sales and Marketing Division, Dealer Development Division, Legal and Compliance Division and Finance Division.
10.0 Security of information
FMPI is committed is ensuring the security of the data gathered from the data subject and FMPI undertakes to make the necessary actions and security measures in collecting, receiving, transmitting, sharing, storing and disposing of the data gathered.
FMPI 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 or Non-Disclosure Agreement for the protection of the Data Subjects.
Should there be unauthorized access of data from FMPI due to hacking, unauthorized sharing of information or downloading of information, or any kind of breach in information, FMPI 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.
11.0 Data retention and disposal
FMPI shall keep the data only for as long as it is necessary.
Personal information are only kept for five (5) years from the time of its last transaction or communication with FMPI except when retention thereof for a longer period is necessary such as but not limited to after sales service or if there is an existing or possible legal claim against or by FMPI from the Data Subject.
The Disposal of the Data shall be through deletion in the ONE System, App, Digital Data Base or shredding or burning of hard copy files.
12.0 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, blocking, revision or updating of his or her personal information by writing a letter or email to our Data Privacy Officer.
13.0 Data privacy officer and contact information
Data Privacy Officer
84424076-78 loc. 5122
Email: dpo@FMPI.com
Lot Beside Bldg. 1055 Argonaut Highway, Subic Bay Freeport Zone
Feedback on our Privacy Policy
For questions or feedback about our Privacy Policy, you can email or contact us through the abovementioned contact information
Changes to Policy
FMPI reserves the right to change, revise or modify this policy as necessary.