This Agreement sets out the terms and conditions pursuant to which Macondray Finance Corporation (“MFC”) may collect, handle, disclose, use or otherwise process any Confidential Information and/or Proprietary data secured, the guidelines, measures and covenants in safeguarding and protecting the Confidential Information and/or Proprietary Data, in accordance with all applicable laws, rules and regulations of the Republic of the Philippines, including, but not limited to, the Data Privacy Act of 2012 (Republic Act No. 10173) and its implementing rules and regulations (“DPA”).
In the course of its business operations and in compliance with applicable laws, rules and regulations, MFC shall have access to personal, sensitive and privileged information, not generally known to others, including but not limited to specialized information about employees, clients, applicants, specimen signatures and government identification details, financial information (such as income, expenses, balances, investments, tax, insurance, financial transaction history account activities, movements and interactions, and the like), employment details, legal information (cases/court of competent jurisdiction proceedings), business interests and assets, management research, information relating to inventions, discoveries, products, plans, calculations, computer programs, manuals, applicant test procedures and results, computerized records, customer lists, supplier identity, marketing and sales plans, business plans, costs, pricing information and all other concepts or ideas involving or reasonably related to the business or prospective business of MFC, or any and all other information received by MFC through verification with third party entities, including government regulators, judicial, supervisory bodies, tax authorities or courts of competent jurisdiction, various media channels, images via CCTV and other similar recording devices and processes which may be observed when visiting our offices or using our facilities, documents and information collected from you through meetings, correspondences, electronic and/or voice recordings of our conversations with you.
In compliance with the DPA and any other applicable laws and regulations, the undersigned employee (the “Employee”) hereby agrees and undertakes that he/she shall:
Parties hereby agree that all Confidential Information and/or Proprietary Data, whether in primary form, digital and/or any physical or electronic copy, notes, memorandums, electronic data, files and other similar repositories of information containing or relating in any way to Confidential Information and/or Proprietary Data, shall be and shall remain the exclusive property of MFC and shall not be removed from the premises of MFC without the express prior written consent of MFC. The obligation for confidentiality shall apply and remain in effect even after separation from service of the Employee from MFC, for whatever reason.
Failure to comply and adhere to MFC’s Data Privacy Statement, as well as the provisions of the DPA and its implementing rules and regulations, applicable legal and regulatory requirements, laws of the Republic of the Philippines, the laws on the prevention of money laundering, including without limitation the provisions of Republic Act No. 9160 (Anti Money Laundering Act of 2001, as amended) and the implementation of know your customer and sanction screening checks, shall result in necessary sanctions to be imposed by MFC in compliance with the aforementioned laws, rules and regulations and company policies and procedures signed separately from this Agreement.
provisions of this Agreement shall be severable for purposes of enforcement. If any provision or clause of this Agreement is unenforceable at law or in equity, such clause or provision shall be severed from the remainder of this Agreement, and the remainder of this Agreement shall continue to be enforceable according to its terms.
This Agreement shall be interpreted under and governed by the laws of the Republic of Philippines as applied to an agreement made and wholly performed within the country.
This Agreement supplements the [Employment Agreement] executed by MFC with the employee named hereunder.
No modification, amendment, termination or waiver of this Agreement shall be binding unless in writing and signed by a duly authorized officer of MFC.
Failure of MFC to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of such terms, covenants or conditions
This Agreement shall be effective on the date written below.
Signed this ________________________________, at _______________________________.
MACONDRAY FINANCE CORPORATION
Ma. LUISA P. JOSON
General Manager Name of Employee
SIGNED IN THE PRESENCE OF:
REPUBLIC OF THE PHILIPPINES)
City of _________________ ) SS.
Before me, a Notary Public for and in the City of _______________, Philippines, this ______ day of __________________________, personally appeared the following persons, with their government-issued proofs of identification, personally known to me to be the same person who executed the foregoing instrument and they acknowledged to me that the same is their free and voluntary act and deed, as well as that of the corporations named herein, to wit:
NameGov-Issued ID No.Date/Place Of Issue
Ma. Luisa P. Joson,
in her capacity as
General Manager of
Macondray Finance Corporation
This instrument refers to a Data Protection And Confidentiality Agreement consisting of ____________ (___) pages including this page where the acknowledgment is written, and signed by the parties and their instrumental witnesses on the signature page and on each and every other page hereof.
WITNESS MY HAND AND NOTARIAL SEAL on the date and in the place above written.
Doc. No. ______
Page No. ______
Book No. ______
Series of _______.
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