Privacy Notice


1. INTRODUCTION

Energy Development Corporation, including its affiliates and subsidiaries (collectively, the “Company”), values the confidentiality of your personal data. This Privacy Notice details how the Company uses and protects your personal data in accordance with the Data Privacy Act of 2012 (DPA), its Implementing Rules and Regulations (IRR), other issuances of the National Privacy Commission (NPC) and other relevant laws of the Philippines.

Personal data refers to any of the following:

1) Personal information –

“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”;

2) Sensitive personal information –

“Personal information about an individual’s race, ethnic origin, marital status, age, color, religious/philosophical/political affiliations, health, education genetic or sexual life, legal proceedings, government issued identifiers and other information specifically established by an executive order or an act of congress to be kept classified”; and

3) Privileged information –

“Any and all forms of information which, under the Rules of Court and other pertinent laws, constitute privileged communication.”

 

1. WHAT ARE YOUR RIGHTS UNDER THE DATA PRIVACY ACT?

As data subjects, you have the following rights:

Right to be informed that your personal data will be, are being, or were, collected and processed;

Right to object if the personal data processing involved is based on consent or on legitimate interest;

Right to access is your right to find out whether an organization holds any personal data about you and if so, gain “reasonable access” to them;

Right to rectify or correct erroneous data;

Right to block the use of, or erase, your personal data, on grounds provided under the DPA;

Right to secure data portability, allowing you to obtain and electronically move, copy or transfer your data in a secure manner, for further use;

Right to be indemnified for damages, if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as data subject; and

Right to file a complaint with the NPC, if your personal information has been misused, maliciously disclosed, or improperly disposed, or that any of your data privacy rights have been violated.

The Company’s decisions to provide such access or consider any request for correction, erasure, and objection to process your personal data as it appears in our records are always subject to any exceptions under applicable and relevant laws and/or the DPA, its IRR, and other issuances of the NPC.

 

III. WHY DOES THE COMPANY COLLECT YOUR PERSONAL DATA?

The Company collects, uses, processes, stores, and retains personal data when reasonable and necessary to perform its business processes effectively, safely and efficiently and in accordance with corporate policies.

In general, the Company is using your personal data for any of the following purposes:

To comply with legal and regulatory requirements or obligations;

To respond to specific complaints, enquiries, requests, or to provide requested information when you inquire on our website or email; and

Other general announcements or notification.

 

1.WHAT TYPE OF PERSONAL DATA DOES THE COMPANY COLLECT?

The types of personal data that the Company will collect from you depend on a particular purpose. The common type of data collected by the Company generally includes basic personal information such as name, address, telephone number, email, and other contact details. Sensitive personal information are collected by the Company when you submit your email for the mailing list or when you request for a copy of the BINHI Tree for the Future book.

 

1. HOW DOES THE COMPANY COLLECT, ACQUIRE, OR GENERATE PERSONAL DATA?

The Company collects personal data when you:

Disclose personal data through email or verbal communication with Company personnel.

 

1. WITH WHOM DOES THE COMPANY SHARE PERSONAL DATA?

The Company discloses your personal information to accredited/affiliated third parties or independent/non-affiliated third parties, whether local or foreign in the following circumstances:

As necessary for the proper execution of processes related to the declared purpose; and/or

The use or disclosure is reasonably necessary, required, or authorized by or under law.

The Company may, at its discretion, provide personal data to the following:

Our partner companies, organizations, or agencies including their sub-contractors or prospective business partners that act as our service providers and contractors;

Affiliates and subsidiaries of the Company; and/or

Law enforcement and government agencies.

 

VII. DOES THE COMPANY USE WEB ANALYTICS?

This website utilizes free analytics to see viewed pages and time and duration of site visits.

 

VIII. WHAT ABOUT LINKS TO THIRD PARTY WEBSITES?

From time to time, the Company website will provide links to third party websites or advertisements, which contain links to third-party sites. These links are provided as a service to you and we do not provide any personal data to these websites or advertisers, and therefore, we will not accept responsibility for their privacy practices. These sites are operated by independent entities that have their own privacy policies, which you should also review. The Company’s Privacy Notice does not apply to such other sites or to the use that those entities make of your information. The Company has no control over the content displayed on such sites, nor over the measures, if any, that are taken by such sites to protect the privacy of your information.

 

1. HOW DOES THE COMPANY PROTECT YOUR PERSONAL DATA?

The Company strictly enforces its privacy policy, which was crafted in accordance with the DPA. Moreover, the Company implements technological, organizational, and physical security measures to protect personal data from loss, misuse, unauthorized modification, unauthorized or accidental access or disclosure, alteration or destruction. The measures implemented by the Company to safeguard your personal data include, but are not limited to the following:

Secured servers and firewalls, encryption on computing devices;

Restricted access only for qualified and authorized personnel; and

Strict implementation of information security policies

 

1. WHERE AND HOW LONG DOES THE COMPANY KEEP PERSONAL DATA?

The Company stores your personal data in both local and off-shore facilities and document storage facilities. Data collected will be retained for such period of time as may be necessary for the accomplishment of the purposes mentioned above, unless you request your data to be deleted in our database.

 

1. WHAT IF THERE ARE CHANGES IN OUR PRIVACY NOTICE?

From time to time, it may be necessary for the Company to change this Privacy Notice. If we change our Privacy Notice, we will post the revised version here, which will take effect immediately. We suggest that you check our website for the most up-to-date version of our Privacy Notice. Rest assured, however, that any changes will not be retroactively applied and will not alter how we handle previously collected personal data.

 

XII. WHO SHOULD YOU CONTACT IN CASE OF DATA PRIVACY INQUIRY, FEEDBACK, OR COMPLAINTS?

Should you have any data privacy inquiries or complaints, and/or feedback on this Privacy Notice, you may reach the Data Protection Officer (DPO) through the following contact details:

Data Protection Officer

Energy Development Corporation

38/F One Corporate Centre, Julia Vargas corner Meralco Avenue,

Ortigas Center, Pasig City, 1605, Metro Manila

Tel: (632) 755-2332

Email: [email protected]

 

 

LEGAL DISCLAIMER

 

LEGAL TERMS

Your use of this website is subject to, and constitutes acknowledgement and acceptance of our Terms and Conditions of Use.

 

TERMS AND CONDITIONS OF USE

Legal Notices

Terms and Conditions of Use (the “Agreement”)

Please Read These Terms Carefully Before Using This Site

This website is provided by Energy Development Corporation (EDC) and may be used for personal, non-commercial, and informational purposes only. By using or accessing the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this Agreement. If you do not agree to abide by these terms and conditions please do not access, use the site or download materials from the site.

 

Limited License and Use

Subject to the terms and conditions set forth in this Agreement, EDC grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. This site does not, and it is not intended to provide any financial, legal, accounting or tax advice and should not be relied upon you in this regard.

EDC authorizes you to view and download the information (“Materials”) at this website (“Site”) only for your personal, non-commercial use. All information on this Site is protected under relevant copyright laws. Except as may be allowed by law, no one may copy, transmit, display, perform, license, create derivative works from, distribute, reproduce, sell or republish any information found on this site without the prior express written consent of EDC.

 

Intellectual Property Notice

Names, phrases, logos, icons, graphics, images or designs, used throughout the site may be tradenames, registered or unregistered trademarks or service marks of EDC, its subsidiaries or affiliates. The display of such tradenames, registered or unregistered trademarks or service marks on this site is not a license to any third party for their use. Any retransmission or alteration or any other form of unauthorized copying may be a violation of the law and such users may be subject to legal action.

 

Site Content

The information contained on the pages of this Site is subject to modification and update from time to time without notice. EDC does not guarantee or ensure either the accuracy, completeness, currency or authenticity of any site content, site functionality, or your transmission of any site content from the site.

 

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. EDC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. EDC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. EDC MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE. THIRD PARTIES MAY DESTROY OR ALTER DATA OR INFORMATION OR THE SITE ITSELF BY INFECTING IT WITH VIRUSES. EDC WILL NOT BE RESPONSIBLE FOR THE SAME.

 

Third Party Sites

For your convenience, EDC may provide, on this Site, links to Web sites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. EDC makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that EDC or this site’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, service mark, logo or copyright-protected information displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, service mark, logo or copyright-protected information of EDC or any of its affiliates or subsidiaries.

 

External Links to the Site

All links to the Site must be approved in writing by EDC, except that EDC consents to links in which: (i) the link is a text-only link containing only the name “BINHI”; (ii) the link “points” only to www.binhi.ph and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by EDC nor be such as to damage or dilute the goodwill associated with the name and trademarks of EDC or its Affiliates. EDC reserves the right to revoke this consent to link at any time in its sole discretion.

 

Limitations of Damages

IN NO EVENT SHALL EDC OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF EDC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Changes

EDC reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time. Changes in these Terms and Conditions of Use will be effective when posted on the Site. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of those changes.

EDC may terminate, change, suspend or discontinue any aspect of the BINHI Site, including the availability of any features of the Site, at any time. EDC may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. EDC may terminate the authorization, rights and/or licenses given above and, upon such termination, you shall immediately destroy all Materials and other information sourced from the Site.

 

International Users, Choice of Law and Venue

This Site is controlled, operated and administered by EDC from its offices within the Republic of the Philippines. EDC makes no representation that materials or information at this site are appropriate or available for use at other locations outside of the Philippines and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the Philippines, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the Republic of the Philippines.

These Terms and Conditions of Use constitute the agreement between EDC and you with respect to your use of and access to the Site. Any cause of action you may have with respect to your use of and/or access to the Site must be commenced within one (1) year after the claim or cause of action arises at the proper court sitting in Pasig City, Philippines, to the exclusion of all other tribunals. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.