PRIVACY POLICY

The nature of our business means that our Clients trust that we take appropriate steps to maintain the security of data that we have been tasked to process. At ePerformax, we extend the same commitment to safeguarding your personal data in accordance with RA 10173 or the Data Privacy Act of 2012 (DPA). The purpose of this policy is to explain what type of information we collect, how we obtain that information, and the purpose of its collection. It also defines how ePerformax processes your personal data in terms of how it is stored, who has access to your information, how it is archived, as well as disposal and possible sharing with third parties. In addition, this policy is meant to advise you of your rights under the DPA.

We will occasionally update this policy in accordance with any changes in the law or in the way in which we conduct business or process your data. We encourage you to periodically review the latest version of this policy to stay informed on how ePerformax is protecting your personal information.

As a data subject, or a person from whom ePerformax collects, processes and stores data, you have certain rights as specified in RA 10173. We feel it is important that you are aware of and understand these rights as they apply to you, so what follows is an excerpt from the National Privacy Commission website:

• The right to be informed – your personal information is your personal property and it should never be collected, processed, and stored without your consent. You have the right to be informed anytime your personal data is collected and processed.
• The right to access – you have the right to find out if an organization has your personal data and the right to gain “reasonable access” to your data, as well as the purpose for which it is kept.
• The right to object – even if you have already consented to the collection and processing of your data, you may choose to withdraw consent if the terms in the privacy notice change.
• The right to blocking or erasure – you have the right to suspend, withdraw or order the blocking, removal or destruction of your persona data.
• The right to damages – you may claim compensation if you suffered damages due to inaccurate, outdated, false, unlawfully obtained or unauthorized use of your personal data.
• The right to file a complaint – if you feel that your personal information has been misused, maliciously disclosed, or improperly disposed, or that any of your data privacy rights have been violated, you have the right to fila a complaint with the NPC.
• The right to rectify – you have the right to dispute and have corrected any inaccuracy or error in the data a personal information controller holds about you.
• The right to data portability – you remain in full control of your data. This means you can obtain and electronically move, copy, or transfer your data in a secure manner for further use.

ePerformax collects the personal data of our employees, trainees, and candidates. This policy applies to all information we collect from you or about you, and we only collect it after obtaining your explicit consent to do so. The type of data requested from you may vary based on the position being filled, or the program or department assignment, but generally they will fall under the following categories:

• Data you submit in résumés / CVs, application forms, letters, writing samples, or other written materials.
• Data generated by interviewers and recruiters, based on their interactions with you or basic Internet searches. This includes information and results derived from tests and assessments used by ePerformax.
• Data provided by third-party job-search websites, where applicable.
• Recommendations provided on your behalf by others.
• Data about your prior employment, education, and where applicable, credit history, criminal records or other data revealed during background screenings. This includes data from government institutions such as the NBI, PNP, BIR, or LGUs.
• Data about your health or disability where it is relevant to your ability or availability to work or to a workplace accommodation, or where it is required by government institutions. This includes data collected from Pre-Employment Medical Exams, Annual Physical Exams, random / scheduled drug testing, and data from our HMO provider about how you and your dependents (if applicable) use our company HMO benefit.
• Data about race / ethnicity / religion / civil status / disability / gender and self-identified LGBTQ status, for purposes of government reporting where required, as well as to understand the diversity characteristics of the ePerformax workforce.
• Data about your family members as required by government institutions, or third parties such as banks, financial services companies, and our company health maintenance organization (HMO) provider.
• Data about your performance and conduct in all situations where you are recognized as ePerformax Trainees or Employees, including work-related situations outside company premises such as company events, conferences, etc.

As you embark and continue on your career development journey at ePerformax, data will be collected from you through various channels or methods. ePerformax may collect data about you from any or all the following sources:

• when you, submit resumes or other information online or through application forms, personal data sheets, and any other official company documents.
• From conversations with recruiters and interviews with hiring managers and other ePerformax personnel or representatives, some of which may be recorded (with your express knowledge and consent) as well as from Internet searches that these individuals may perform, or data that they may obtain from job search or professional networking websites (e.g. monster.com, LinkedIn, etc.) where you may have made data about yourself publicly available such as on social media (e.g. Facebook, Twitter, Instagram, etc.).
• From third-party websites through which you are introduced to ePerformax. Any resume or other candidate information submitted outside of established candidate submission guidelines (e.g. via email to any ePerformax employee) and without a written agreement or otherwise, will be deemed to be provided for ePerformax’s use, and no fee will be paid should the candidate be hired by ePerformax unless covered by existing referral bonus guidelines.
• From background checks, as applicable. Where permitted by law, ePerformax may contract with a third party to perform a pre-employment background screening. The content of background check information varies, but may include information gathered from publicly available sources, your former employers or colleagues, schools you have attended, credit reporting agencies, and criminal records databases. These types of information will only be collected with your prior consent, and you will receive more information about the nature of such a background check before it begins. Where required by applicable local law, you may be asked to provide certain background check information, (which may include sensitive data) directly to ePerformax.

ePerformax will process personal information from employees, trainees, and candidates for a number of business purposes. When you submit your data and sign the consent form, you allow us to use the data for the purposes specified below and allow us to verify that it is accurate.

You are not required to submit any information to ePerformax, but failing to do so may result in not being able to continue your application, training, or employment at ePerformax (whichever case applies). In addition, you also undertake that all data you have shared is true and correct to the best of your knowledge, and that you have not knowingly omitted any related information of an adverse nature.

ePerformax will use your data in the following ways:

• Recruiting will assess your suitability for employment for the role for which you are applying, as well as future roles that may become available. This includes recorded assessments employed and developed by ePerformax.
• Performance Management (this includes data related to various ePerformax policies such as the Attendance Policy, Code of Conduct, and Performance Management Policy), Training, and Career Development.
• Learning Development, including learning systems design, research, and development.
• Payroll, banking, and accounting.
• Benefits administration, including ePerformax specific benefits and government mandated benefits.
• Travel Management, such as for travel arrangements and visa information.
• Other purposes required and/or allowed by law or regulation.

In general, access to your personal data will be restricted to minimize the number of people in ePerformax’s international organization who need it in order evaluate your application for employment, perform functions supporting our Recruiting and Administrative / HR and IT teams, or to whom we are compelled to provide it by applicable law. This means only authorized personnel who need access to your data will be able to process it.

The following categories of individuals will have access to your personal data:

• Hiring managers, recruiters, and other interviewers, including trainers and assessment personnel who may be located in other countries.
• Individuals performing administrative / HR and IT support functions.
• Learning Development, including learning systems design, research, and development.
• Authorized personnel at our service providers, including:
  • Security and health personnel.
  • Companies contracted to perform background screenings, where applicable. These companies may obtain data from other countries where you have lived, worked or studied, as may be relevant as part of a background check. You will receive more information about any such check before it begins.
• Government officials where legal reporting requirements may exist, or law enforcement agencies or private litigants in response to valid law enforcement process (warrant, subpoena, or court order).

In cases where your information is shared with third parties, such as background / credit investigation providers, and / or employment websites and / or security and health personnel, ePerformax will ensure that the service providers are compliant with the regulations outlined in the DPA and are bound by Data Sharing Agreements that ensure they process your data to the same government mandated standards.

ePerformax takes reasonable precautions to keep your stored data secure and employs organizational, managerial, electronic, technical, and physical security measures in order to protect your data from breaches that would result in loss or misuse.

If you are given and accept an offer of training and / or employment by ePerformax, personal data collected during your pre-employment period will become part of your ePerformax personnel records, to be retained throughout and for a period after your employment with ePerformax. If you do not receive an offer of training or employment, we may nevertheless continue to retain and use personal data collected during the recruitment process in order to consider you for new positions, and, if appropriate, to refer back to an earlier application if you submit a resume or other information to ePerformax again in the future, as well as for system administration, or to perform research and analysis.

ePerformax maintains archiving and deletion procedures so that personal data is deleted after a reasonable amount of time relative to the purpose for which your information was collected and held. Should certain laws or government institutions such require that data be kept for a certain time, ePerformax will comply with all applicable rules and regulations.

If you have any questions or concerns, please direct them to dpo@eperformax.com and we will be more than happy to further discuss them with you.