Asia Pacific Medical Center-Aklan Inc. (APMCAI) is committed to protecting the privacy rights of its investors and maintaining the confidentiality and integrity of investor-related information. In accordance with the Data Privacy Act of 2012, APMCAI acts as a Personal Information Controller with respect to the Personal Data of its investors.
Investors are encouraged to review this Policy carefully. This Policy may be updated periodically, and investors are advised to check this page regularly for changes approved by the Board of Directors and the Company’s Data Privacy Committee.
Definitions
The following definitions shall apply to this Policy:
“Investor” means an investor in APMCAI, who may be an individual investor or an institutional (corporate) investor (direct or indirect).
“Personal Data” refers to any information, whether recorded in 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 combined with other information would directly and certainly identify an individual.
“Privileged Information” refers to any and all forms of data that, under the Rules of Court and other pertinent laws, constitute privileged communication.
Sensitive Personal Information
Sensitive Personal Information refers to personal information:
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About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical, or political affiliations;
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About an individual’s health, education, genetic or sexual life, or any proceeding for any offense committed or alleged to have been committed by such person, including the disposition of such proceedings or the sentence of any court in such proceedings;
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Issued by government agencies and peculiar to an individual, including but not limited to social security numbers, previous or current health records, licenses and their denial, suspension, or revocation, and tax returns; and
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Specifically established by an executive order or an act of Congress to be kept classified.
“You” and “Your” refer to a living individual, who may be:
- An investor or prospective investor.
- An employee, director, officer, trustee, beneficiary, representative, or intermediary of an investor or prospective investor.
The Types of Personal Data We Collect
The exercise of the rights, privileges, and benefits offered by APMCAI to its investors requires the Company to obtain Personal Data about you in order to provide relevant services. In connection with these services, APMCAI may collect Personal Data about you:
- Directly from you.
- From a third party acting on your behalf, for example, an intermediary, lawyer, or agent.
Such Personal Data May Include:
- Details of your name, age, date of birth, address, gender, nationality, citizenship, and contact information.
- Financial information or other information obtained as a result of your investment (such as banking details).
- For tax implications related to your financial activities, your social insurance, Medicare, social security number, other tax identification number, and details of tax residency.
- Data provided by you for background checks, anti-money laundering checks, regulatory and tax checks, and know-your-client checks (such as data included in identification documents and details of criminal records and sanctions).
- A file containing your current contact details.
- Information relating to the services, benefits, and privileges we provide to our Investors or prospective Investors and their beneficiaries and dependents.
- Information required by legal, tax, and regulatory requirements or internal policies.
Please note that if you do not provide certain Personal Data to APMCAI when requested (and, where relevant, provide your consent), we may not be able to provide you with some or all of our services (including those set out in this Policy or in other agreements we enter into with you).
How We Use Your Personal Data
Your Personal Data may be collected, stored, disclosed, and processed by APMCAI for the following purposes:
- To provide you with marketing communications and inform you about news and information relating to our business and services, including new product launches, product updates, and general business news.
- To understand your needs and interests and respond to your inquiries.
- To analyze and improve our services.
- For the management and administration of our business.
- To provide you with notices required by the Revised Corporation Code and the Securities and Exchange Commission, and facilitate the benefits and privileges granted to investors.
- To comply with, and assess compliance with, applicable laws, rules, and regulations (including tax reporting requirements pursuant to tax laws), industry codes, voluntary codes we choose to adopt, good practice standards, and internal policies and procedures.
- To detect, investigate, and prevent fraud and other crimes or malpractice.
- For the purpose of, or in connection with, legal proceedings (including prospective legal proceedings).
- To obtain legal advice or establish, exercise, or defend legal rights.
- For the administration and maintenance of databases storing Personal Data.
- To comply with our contractual obligations.
- For purposes otherwise set out in this Policy or as notified to you at the specific time of collection.
APMC Aklan may use your Personal Data for the purposes listed above based on the following legal grounds:
- APMCAI needs to do so in order to perform its contractual obligations to you (for example, to manage your investments and verify the information you provide).
- APMCAI has obtained your specific and informed consent (which may include written consent), unless an exemption under applicable law permits the use and disclosure of your Personal Data without your consent.
- APMCAI has legal or regulatory obligations that must be discharged.
- APMCAI may need to do so to establish, exercise, or defend its legal rights or for the purpose of legal proceedings.
- Certain exemptions under applicable laws may permit the use and disclosure of your Personal Data without your consent.
- The use of your Personal Data as described is necessary for our legitimate business interests or the legitimate interests of a third party, including the efficient administration of business operations, compliance with internal policies and procedures, monitoring the use of copyrighted materials, and internal research.
By accepting the terms of this Policy, you expressly consent to APMCAI collecting, using, storing, processing, and disclosing your Personal Data as set out herein. To the extent permitted by applicable law, we may record and/or monitor electronic communications (including email and telephone) to ensure compliance with legal and regulatory obligations, internal policies, and the purposes outlined in this Policy.
Sensitive Personal Information
APMCAI will not process your Sensitive Personal Information unless such processing complies with applicable data protection and privacy laws.
Disclosure of Your Personal Data to Third Parties
APMCAI may share or provide access to your Personal Data among its affiliates and business units, and with third-party agents, service providers, and contractors outside APMCAI, subject to an appropriate Data Sharing Agreement and applicable law:
- For the management and administration of APMCAI’s business.
- To facilitate the provision and enhancement of services to you (including the processing of your Portability Benefits).
- For the administration and maintenance of databases storing Personal Data.
- For APMCAI to receive services (for example, from accountants, administrators, auditors, service providers, custodians, depositories, third-party managers, paying agents, professional advisors, IT and communications providers, or any entity reasonably considered necessary for the purposes outlined above). These third parties are expected to be subject to confidentiality obligations (by contract, professional duty, or otherwise) requiring them to use your Personal Data only as described above.
- To the extent required by law (for example, if APMCAI is compelled by an obligation or duty to disclose your Personal Data where we believe it is necessary or appropriate to comply with legal obligations, rules, regulations, or internal APMCAI policies and procedures, including tax reporting requirements and other statutory reporting and disclosures to regulatory authorities), or to establish, exercise, or defend legal rights. This may include disclosure to regulatory bodies or government agencies.
- As part of a transaction, financing, or other business need (for example, if APMCAI sells any of its businesses or assets, applies for a loan, or opens bank accounts, in which case APMCAI may need to disclose your Personal Data to a prospective buyer, lender, or bank as part of due diligence processes).
- If APMCAI or any of its affiliates, divisions, or business units is acquired by a third party, including in the unlikely event of bankruptcy, in which case the Personal Data held by APMCAI about you may be accessed by, and transferred to, the third-party buyer.
APMCAI may share anonymous or aggregated data with third parties, such as service providers, in order to facilitate our business operations.
How We Safeguard Your Personal Data
APMCAI has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data and maintain the security of information and information systems relating to such data. Investor files are protected with safeguards appropriate to the sensitivity of the information contained therein.
Appropriate controls (such as restricted access) are placed on our computer systems and used where appropriate. Reasonable measures are taken to ensure physical access to Personal Data is limited to authorized employees.
As a condition of employment, APMCAI employees are required to follow applicable laws and regulations, including data protection and privacy laws. Unauthorized use or disclosure of confidential Investor information by an APMCAI employee is prohibited and may result in disciplinary action.
When you contact an APMCAI employee about your file, you may be asked to confirm some details relating to the Personal Data APMCAI holds about you. This type of safeguard is designed to ensure that only you, or someone authorized by you, has access to your file.
Retention and Destruction of Personal Data
The period for which APMCAI will retain your Personal Data will vary and will be determined by the following criteria:
- The purpose for which APMCAI is using it. APMCAI is required to retain Personal Data for as long as necessary to satisfy the purposes for which it was obtained, including applicable legal or regulatory requirements.
- Legal Obligations. Laws or regulations may set a minimum period for which APMCAI must retain your Personal Data.
APMCAI will take reasonable steps, in the circumstances, to destroy your Personal Data when there is no longer a lawful basis to retain it, or to ensure that the information is anonymized.
Your Rights
You have legal rights in relation to the Personal Data that APMCAI holds about you. These rights may include:
- The right to refuse to provide any Personal Data and the right to object at any time to the processing of your Personal Data. Please note that such refusal or objection may prevent us from providing services to you.
- The right to obtain information regarding the processing of your Personal Data, and access to the Personal Data that APMCAI holds about you (including available information as to the source of the Personal Data).
- Where consent was provided for certain processing activities, the right to withdraw your consent to the collection, processing, use, and/or disclosure of your Personal Data at any time. Please note, however, that this will not affect the lawfulness of any collection, processing, use, or disclosure undertaken before your withdrawal, and APMCAI may still be entitled to process your Personal Data if it has another legitimate basis (other than consent) or a consent exception for doing so. In some cases, withdrawing your consent to the collection, use, processing, or disclosure of some or all of your Personal Data may prevent us from providing services to you.
- In some circumstances, the right to receive certain Personal Data in a structured, commonly used, and machine-readable format and/or request that APMCAI transmit that data to a third party where technically feasible. Please note that this right applies only to Personal Data that you have provided to APMCAI.
- The right to request that APMCAI rectify your Personal Data if it is inaccurate or incomplete.
- In some circumstances, the right to request that APMCAI erase your Personal Data.
Please note that such a request may prevent us from providing services to you, and there may be circumstances where APMCAI is legally entitled to retain Personal Data regardless of such request.
- In some circumstances, the right to request that APMCAI restrict or block its processing of your Personal Data. Please note that such a request may prevent us from providing services to you, and there may be circumstances where APMCAI is legally entitled to retain Personal Data regardless of such request.
- Where applicable, the right to lodge a complaint with the National Privacy Commission if you believe that any of your rights have been infringed by APMCAI.
If you wish to exercise any rights applicable to you, you may contact our Data Privacy Officer using the contact details below.
Processing of Personal Data for Marketing Purposes
To the extent permitted by applicable law, we may contact you by mail, SMS/text, telephone, and other electronic means to provide information on products and services that we believe may be of interest, unless you object to receiving such information. If you do not want to receive these communications from us, please contact the Data Privacy Officer using the details provided above or use the opt-out facilities in the relevant marketing material.
Your decision not to receive promotional and marketing materials: (a) does not preclude us from corresponding with you by email or otherwise regarding your relationship with us (e.g., account status and activity, or responses to your questions or inquiries); (b) does not preclude us, including our employees, contractors, agents, and other representatives, from accessing and viewing your Personal Data for internal business purposes; and (c) does not preclude us from disclosing your Personal Data as described in this Policy for purposes other than sending promotional and marketing materials.
Questions and Concerns
If you have any questions or concerns regarding APMCAI’s handling of your Personal Data, or this Policy in general, please contact our Data Privacy Officer using the contact information below.
Data Privacy Contact Information
Department: Compliance and Investor Relations Section
Email:
Contact Number:
- 09190963082
- 09178146042
- (+032) 268-2320
- (+032) 500-0822
