Privacy Informative Notice

(STUDIES, RESEARCH AND MARKET STATISTICS THROUGH CALL CENTERS/EMAILS/CHAT/ SMS ON MBE FRANCHISING NETWORK SERVICES)

Pursuant to Chapter III of the Republic Act 10173 “An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for this Purpose a National Privacy Commission, and for Other Purposes” (hereinafter also referred to as the “Data Privacy Act of 2012”) and its Implementing Rules and Regulations (IRR), we hereby provide the informative notice regarding the processing of personal data provided by you and/or collected via the website www. mbe.ph.

  1. Personal Information Controller

    Your Personal Data collected via the website will be processed by MBE PH.

    MBE PH – that is the entrepreneur that has entered into a franchising agreement with Mail Boxes Etc. and to which the Customer has requested the provision of one or more of the following services of the MBE franchising network such as; (a) shipment services; (b) domiciliation services; (c) graphic and printing services (hereinafter, “MBE Services“).

  2. Categories of personal information processed

    The following personal data provided by the Customer and/or otherwise collected by the Controller may be processed:

    • identification data of the Customer (company name, VAT number, address, city, as well as name, surname and e-mail of the Customer’s contact person);
    • telephone number and email address of the Customer
    • any other personal data communicated to the operator or staff of the Controller during the telephone call/email/chat/sms;
    • data relating to the services of MBE franchise network used by the Customer and communicated to the operator or staff of the Controller during the telephone call/email/chat/SMS during the call.
  1. Purposes, legal basis of the processing and consequences of the failure to provide personal data

    The personal data of the Customer may be processed for the activities indicated below.

    1. Contacting the Customer by telephone and conducting the interview

      Personal data of the Customer will be processed for the purpose of contacting the Customer at the above telephone number and conducting an interview to enable MBE to carry out the relevant study, research or market statistics on the services offered by the MBE’s franchising network.

      Depending on the case, the Customer’s personal data may also be processed to schedule a subsequent appointment with the telephone operator to postpone the interview or to schedule further interviews.

      The processing of data for this purpose is carried out on the basis of the consent already given by the Customer to the processing of personal data for general marketing purposes (i.e. to send the Customer, by any means of communication (fax, e-mail, sms, mms, paper mail, telephone calls with operator or other channels), advertising and information material of a promotional nature or, in any case, of commercial solicitation with regard to services, products or discounts of MBE, as well as to prepare studies, research and market statistic (hereinafter, “Commercial Communications”).

      The Customer may revoke the consent to the processing of its personal data for such purposes at any time, either during the telephone call or by sending an email, chat, sms or written notice to that effect to the contact details specified in paragraph 10 “Contacts for the exercise of rights of the data subject and for further information” below. In the event of a request not to receive further telephone calls, emails, chats or SMS on behalf of MBE PH, the telephone number, email address and cell phone number of the Customer will be included in the black-list of the Controller, i.e. the list of subjects that cannot be contacted by MBE PH for commercial purposes. Inclusion in the black-list corresponds to the best protection of the Customer’s interests and the related processing is carried out on the basis of the legitimate interest of the Controller to guarantee respect for the Customer’s intention not to receive future telephone calls, email, chat or SMS for commercial purposes. In such cases, the only consequence for the Customer will be the impossibility to receive Commercial Communications by telephone, email, chat or SMS.

    2. Other processing activities

      In case of processing in the event of any potential corporate events (sale of the company or business units), due diligence or in the case of defense of a legal claim and the related preliminary activities, such processing will be carried out on the basis of legitimate interests of the Controller in the continuation of its commercial activities and for the protection of its rights.

  1. Modalities of processing of personal data

    The processing of your personal data will be carried out with the assistance of both automated instruments and on paper suitable to guarantee the security and confidentiality of Personal Data. Processing herein means to collect, consult, store, manage, extract and transmit the Personal Data.

  2. Recipients of personal data

    Personal data – which will not be publicly disclosed – may be communicated under the following conditions.

    The Personal Data may be disclosed by the Controller solely and exclusively for the purposes indicated and where necessary, to the following categories of subjects:

    • employees, agents or collaborators of MBE PH that are located within the territory of the Philippines and/or country of destination of the MBE service;
    • subjects located within the territory of the Philippines and/or country of destination of the MBE service of whom or which MBE PH avails itself for profiling and marketing activities;
    • subsidiaries or associated companies
    • persons, companies or professional offices located within the territory of the Philippines/country of destination of the MBE services that engage in activities of assistance and consultation in accountancy, administrative, legal, tax and financial matters;
    • subjects, bodies or authorities to whom or which the communication of personal data is mandatory by virtue of provisions of law or orders issued by authorities.

    Subjects belonging to the categories listed above, may act, as the case may be, as data processors (and in this case they will receive appropriate instructions from the Controller) or as autonomous data controllers. In the latter case, the personal data will be communicated only with the express consent of the data subjects, except where the communication is mandatory or necessary pursuant to the applicable law or for the pursue of purposes for which the consent from the data subject is not required.

  3. Transfer of personal data outside PH

    Customer’s personal data (and/or third parties’ personal data, depending on the requested MBE Service), will not be transferred outside the Philippines by MBE PH unless it is necessary for the performance of that certain services (e.g. international shipments). In any case, each personal information or data controller has the right to transfer your Personal Data to third countries. Transfers of data outside the Philippines are still subject to Data Privacy Act of 2012, and are only made in respect of countries that ensure an adequate level of personal data protection, on the basis of an adequacy decision of the Commission or where adequate safeguards have been adopted, provided that the data subjects have enforceable rights and effective judicial remedies.

  4. Retention of personal data

    Personal Data will be stored, in compliance with the applicable law, for a term not exceeding what is necessary to pursue the purposes for which they are processed, save for the right to withdraw the consent at any time where it constitutes the legal basis for the processing.

    The criteria for determining the storage period of the Personal Data takes into account the allowed processing period and the applicable laws on the statute of limitation of rights and legitimate interests of the data subject where they are the applicable legal basis for processing.

    Subsequently, the Personal Data will be deleted, aggregated or anonymized.

  1. Exercise of rights by the data subject

    Pursuant to Section 16 of the Data Privacy Act of 2012, as well as pursuant to Section 34 (a), (b), (c) (d), (e) and (f) of its IRR, the Client is entitled to:

    • the right to be informed of the collection, procedures, period, scope and methods used in personal data processing, as well as the existence of your rights including the right to access, correction, and object to the processing, as well as the right to lodge a complaint before the National Privacy Commission;
    • the right to apply to the Data Process Controller for reasonable access to the personal data, the rectification or deletion of the same or restriction on the processing as concerns you, and to object to such processing, or to revoke consent, in addition to the right to portability of the data;
    • the right to lodge a complaint with the National Privacy Commission, following the procedures and instructions published on the official website of the same national privacy authority at https://privacy.gov.ph/filing-a-complaint/;
    • any rectification or deletion or restriction on processing done at your request, unless it proves to be impossible or entails a disproportionate effort, will be communicated by the Personal Information Controller (s) to each of the recipients to whom or which your personal data have been transmitted. The Personal Information Controller (s) may communicate such recipients to you should you expressly so request.

    The Customer shall also have the right to withdraw the consent to the processing of personal data (where given) at any time, without prejudice to the lawfulness of the processing based on consent before its withdrawal. Customer will have the possibility to opt-out from marketing via email by clicking on the relevant “unsubscribe” link.

    Should Customer request more than one copy of personal data or in cases of excessive or unfounded requests, the data controller may: (i) charge a reasonable expense, considering the administrative costs incurred to fulfil the request; or (ii) refuse to fulfil the request. In these cases, the data controller will inform the Customer of the costs before fulfilling the request.

    The data controller may ask for further information before fulfilling the requests if it needs to verify the identity of the person who has made them.

    In any case, the data controller is interested in knowing the reasons for the complaint and asks the Customer to use the contact methods below before turning to the authorities, in order to prevent and resolve any disputes, amicably and promptly, with the greatest courtesy, professionalism and discretion.

    The exercise of the rights is not subject to any formal restriction and is free of charge. For ease of reference, we reproduce below the text of Section 16 of the National Privacy Act of 2012:

    SEC. 16. Rights of the Data Subject. – The data subject is entitled to:

    • Be informed whether personal information pertaining to him or her shall be, are being or have been processed;
    • Be furnished the information indicated hereunder before the entry of his or her personal information into the processing system of the personal information controller, or at the next practical opportunity:
      1. Description of the personal information to be entered into the system;
      2. Purposes for which they are being or are to be processed;
      3. Scope and method of the personal information processing;
      4. The recipients or classes of recipients to whom they are or may be disclosed;
      5. Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized;
      6. The identity and contact details of the personal information controller or its representative;
      7. The period for which the information will be stored; and
      8. The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the Commission.

      Any information supplied or declaration made to the data subject on these matters shall not be amended without prior notification of data subject: Provided, That the notification under subsection (b) shall not apply should the personal information be needed pursuant to a subpoena or when the collection and processing are for obvious purposes, including when it is necessary for the performance of or in relation to a contract or service or when necessary or desirable in the context of an employer-employee relationship, between the collector and the data subject, or when the information is being collected and processed as a result of legal obligation;

    • Reasonable access to, upon demand, the following:
      1. Contents of his or her personal information that were processed;
      2. Sources from which personal information were obtained;
      3. Names and addresses of recipients of the personal information;
      4. Manner by which such data were processed;
      5. Reasons for the disclosure of the personal information to recipients;
      6. Information on automated processes where the data will or likely to be made as the sole basis for any decision significantly affecting or will affect the data subject;
      7. Date when his or her personal information concerning the data subject were last accessed and modified; and
      8. The designation, or name or identity and address of the personal information controller;
    • Dispute the inaccuracy or error in the personal information and have the personal information controller correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the personal information have been corrected, the personal information controller shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the retracted information by recipients thereof: Provided, That the third parties who have previously received such processed personal information shall he informed of its inaccuracy and its rectification upon reasonable request of the data subject;
    • Suspend, withdraw or order the blocking, removal or destruction of his or her personal information from the personal information controller’s filing system upon discovery and substantial proof that the personal information are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected. In this case, the personal information controller may notify third parties who have previously received such processed personal information; and
    • Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.

    For more information about the provisions contained in Section 34 (a)(b)(c) (d) (e) and (f) of its IRR, click on the following link: https://www.privacy.gov.ph/wp-content/uploads/2016/07/updated-draft-July-12-2016.pdf

  1. Contacts for the exercise of the rights of the data subject and for further information

    With respect to the exercise of the rights in relation to the purposes specified in paragraph 3.1 above and/or to obtain any type of information you may need in relation to the MBE PH pursuant to this privacy notice, you may send a written communication to the MBE PH registered office or an email to mbe001@mbe.ph.

    With respect to the exercise of the rights in relation to the purposes specified in paragraph 3.2 above and/or to obtain any type of information you may need in relation to MBE PH pursuant to this privacy notice, you may send a written communication to MBE PH, with registered office in 1953-55 M. Adriatico St., Malate, Manila or an email to mbe001@mbe.ph.