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I. INTRODUCTION

Foundever Philippines Corporation (“Foundever”), an affiliate of the Foundever group of companies (the “Foundever Group”), has prepared this Data Protection Notice (the “Notice”) to outline its practices regarding the collection, use, storage, transfer and other processing of individually identifiable information about you (“Individual Personal Data”) and sensitive personal information (“Sensitive Personal Data”) during the course of the recruiting process and while you perform duties on behalf of Foundever (whether directly or through a third party vendor), as well as after you cease performing duties for Foundever. Foundever also may provide you additional notices from time to time, related to data protection or privacy, such as a computer use terms, etc.

II. DATA COLLECTION AND PURPOSES OF USE

Good employment practices and the effective running of our business require Foundever to collect, use, store, transfer and otherwise process certain Individual Personal Data and Sensitive Personal Data. Individual Personal Data and Sensitive Personal Data will be referred to collectively as “Personal Data”.

A. Individual Personal Data Collection

Foundever collects Individual Personal Data that is directly relevant to its business, required to meet its legal obligations, or otherwise permissible to collect under local laws. In particular, Foundever may collect the following categories of Individual Personal Data:

(1) Personal and family information, as applicable, and including but not limited to: name (s); contact information, information related to birth, citizenship, government issued identification cards/numbers, financial and banking information and dependents.

(2) Work related information, as applicable, and including but not limited to: results of recruiting and job-related assessments, job related information relating to your position and the organization, benefits, compensation and other pay related information, attendance, work performance, performance assessments, personal development plans, disciplinary records, training, background related information, information systems and electronic data from company systems, video and audio record/monitor, and contact information.

B. Sensitive Personal Data

Foundever may collect and process certain special or other significant categories of Sensitive Personal Data about you such as health condition (including drug screening and pre-screening) and union membership for purposes of complying with government reporting requirements and other legal obligations of Foundever and the Foundever Group, as applicable. Sensitive Personal Data will be used for the purposes described in this Notice and processed, disclosed, and transferred in the same manner as described in this Notice.

C. Personal Data Use and Processing

Foundever may use the Personal Data listed above for specific purposes, as applicable, and including but not limited to:

(1) Administering and managing your potential relationship with Foundever; (2) general administration; (3) human resources information systems and application support and development; (4) information technology and information security support (including firewall monitoring, anti-spam and virus protection); (5) management of internal business operations (including monitoring compliance with Foundever policies and procedures); (6) preparation, management, and use of an internal business telephone/e-mail directory; (7) payroll and compensation administration and processing (including compensation decisions); (8) tracking financial and compensation metrics; (9) compensation management; (10) budgeting; (11) benefits and insurance administration and management; (12) fostering career planning and growth; (13) complying with applicable government reporting and other local law requirements and other legal obligations; (14) defending, preparing for, participating in and responding to potential legal claims, investigations and regulatory inquiries (all as allowed by applicable law); (15) disciplinary actions/investigations (as allowed by applicable law); (16) training, advice and counseling purposes; (17) performance and productivity reviews/assessments and general performance management; (18) facilitation of improved recruiting activities, talent management and succession planning; and (19) authentication/identification (e.g., intranet); (20) client reporting.

III. MONITOR, VIDEO, SURVEILLANCE AND RECORD

Foundever reserves the right to monitor, video, conduct surveillance and record in any way it deems fit the workplace premises, including workstations, desks, cubicles and other locations within the company premises and at home (as applicable) that are used to conduct the Company’s business (“Monitoring Activities”).

There shall have no expectation of privacy in the workplace and particularly in relation to the areas covered by the Monitoring Activities.

The surveillance video of the Monitoring Activities can be viewed and stored by the Company and its clients.

Foundever may use, process, analyze and transfer information gathered during the Monitoring Activities, which includes my personal information, whether in real time or after recording, for the purpose of managing the business operations, business needs, client needs and human resource needs of the Company.

Foundever may share my personal information gathered from the Monitoring Activities within the Company, other Company affiliates, government authorities, service providers contracted by the Company to provide certain human resource support activities, and to Company clients.

IV. DISCLOSURES OF PERSONAL DATA AND INTERNATIONAL TRANSFER

Foundever may transfer the Personal Data to any of the affiliates of the Foundever Group and/or its parent company, as well as third parties acting on their behalf or under its assignment, which may derive in international transfer of Personal Data, since such affiliates or third parties may be located in the EU, USA and Canada, India and/or the Philippine (and such other countries as I may be notified from time to time in writing).

The disclosure of Personal Data or international transfer will be carried out as part of normal business operations, which includes but is not limited to human resources and payroll-related tasks (e.g., banks, insurance companies and other employee benefit providers). Foundever may also disclose Personal Data to third party service providers in connection with information technology support (e.g., software maintenance and data hosting) and human resources support (e.g., benefits and human capital management consulting), and for background checking purposes.

For purposes of these disclosures and/or international transfer of Personal Data, Foundever (i) exercises appropriate due diligence in the selection of such third party service providers, and (ii) requires via appropriate contractual measures that such third party service providers maintain adequate technical and organizational security measures to safeguard the Personal Data, and process the Personal Data only as instructed by Foundever and for no other purposes.

Foundever may also disclose Personal Data to governmental agencies and regulators (e.g., tax authorities), social organizations (e.g., the social security institute), human resources benefits providers (e.g., health insurers), external advisors (e.g., lawyers, accountants, and auditors), courts and other tribunals, and government authorities, to the extent required or permitted by applicable legal obligations.

V. DATA SECURITY AND DATA INTEGRITY

Foundever takes its obligations to protect my information seriously and will take reasonable steps to protect my information. For such purposes, Foundever maintains appropriate technical and organizational measures to protect against unauthorized or unlawful processing of Personal Data and/or against accidental loss, alteration, disclosure or access, or accidental or unlawful destruction of or damage to Personal Data.

VI. ACCESS TO PERSONAL DATA

You have the right to access, review, update, correct and request the deletion of your own Personal Data, as applicable according with the applicable laws and regulations. Also, you are responsible for informing Foundever if there are any changes or inaccuracies to your Personal Data. You should transmit any requests for access or updates to, or corrections or deletions of your own Personal Data to Foundever as specified below in Section VI.

VII. DATA STORAGE

The data will be stored in Foundever owned and third party systems and access to it is encryption protected.

VIII. DATA RETENTION

Personal information shall be retained for as long as it legally needed or as long Foundever has a legitimate need to retain it.

IX. DISPOSAL

When personal data is no longer required or needed for business purposes, it shall be disposed or discarded in a secured manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice the interest of the Foundever’s data subjects.

X. QUESTIONS ABOUT PROCESSING OF PERSONAL DATA

If you have any questions about this Notice or wish to (i) access, review, correct or request the deletion of your Personal Data or learn more about who has access to such information, (ii) make any other type of request, or (iii) report a concern related to Personal Data, you should your local Human Resources Manager.

XI. CHANGES TO THIS NOTICE

Should Foundever substantially modify the manner in which it collects or uses Personal Data, the type of Personal Data it collects or any other aspect of this Notice, it will notify you as soon as possible by reissuing a revised Notice, available through your Human Resources Manager and will be sent through email.


ACKNOWLEDGEMENT AND EXPRESS CONSENT TO THE NOTICE

I have read this Notice and I understand its contents and acknowledge the application of its terms, including those regarding the collection, processing and use of my Personal Data, including Sensitive Personal Data, by Foundever, and the international transfer of my Personal Data to jurisdictions where data protection laws may not provide an equivalent level of protection.