Data Privacy Manual
Data Privacy Manual
Data Privacy Manual
Table of Contents
I. Introduction ............................................................................................................................................. 2
II. Definition of Terms ................................................................................................................................... 3
III. Scope and Limitations .............................................................................................................................. 4
IV. Processing of Personal Data .................................................................................................................... 4
A. Collection .................................................................................................................................................. 6
B. Use ............................................................................................................................................................ 6
C. Storage, Retention and Destruction ......................................................................................................... 6
D. Access ....................................................................................................................................................... 7
E. Disclosure and Sharing.......................................................................................................................... 7
V. Security Measures .................................................................................................................................... 7
A. Organization Security Measures ............................................................................................................... 7
B. Physical Security Measures ....................................................................................................................... 9
C. Technical Security Measures .................................................................................................................. 11
V. Breach and Security Incidents ................................................................................................................ 11
VI. Inquiries and Complaints ....................................................................................................................... 13
VII. Effectivity .............................................................................................................................................. 13
ANNEXES ..................................................................................................................................................... 14
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WEALTH SECURITIES, INC.
I. Introduction
This Privacy Manual of Wealth Securities, Inc. (“Company”) is hereby adopted in compliance
with Republic Act No. 10173 entitled “An Act Protecting Individual Personal Information in
Information and Communication Systems in the Government and the Private Sector, Creating for this
Purpose a National Privacy Commission, and for other Purposes” or otherwise known as the “Data
Privacy Act of 2012”, its Implementing Rules and Regulations, relevant policies, and issuances of
the National Privacy Commission (“NPC”).
The Data Privacy Act (“DPA”) and its Implementing Rules and Regulations (“IRR”) provide the
following:
This Company respects, values, and protects the data privacy rights of individuals and ensures
that all personal information and sensitive personal information (“Personal Data”) collected are
processed in adherence to the general principles of transparency, legitimate purpose, and
proportionality. The Company collects Personal Data from the following:
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d) Directors, officials, and pertinent employees of (i) Philippine Depository & Trust Corp.
(“PDTC”); (ii) Securities Clearing Corporation of the Philippines (“SCCP”); (iii) The
Philippine Stock Exchange, Inc. (“PSE”); (iv) Capital Markets Integrity Corporation
(“CMIC”); (v) Philippine Association of Securities Brokers Dealers, Inc. (“PASBDI”); (vi)
Securities Investors Protection Fund (“SIPF”); (vii) listed companies and other
corporations or entities that the Company may deal with; (viii) Trading Participants
(“TP); (ix) Securities and Exchange Commission (“SEC”); (x) Anti-Money Laundering
Council and its Secretariat; (ix) National Privacy Commission (“NPC”); (xi) Bureau of
Internal Revenue (“BIR”); (xii) other government agencies; and (xiii) representatives of
trade
This Privacy Manual provides the Company’s data protection and security measures and may
serve as guide in exercising rights of a data subject under the DPA.
Examples of Personal information are: name, home or office address, email address,
birth date, birth place, telephone number, place of work, gender, location of an
individual at a particular time, IP address, country of citizenship, citizenship status,
payroll and benefits information, and other identifying information.
c) “Personal Data” refers to both personal information and sensitive personal information.
d) “Personal data breach” refers to a breach of security leading to the accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access to, personal data
transmitted, stored, or otherwise processed;
e) “Personal information processor” refers to any natural or juridical person qualified to act as
such under this Act to whom a personal information controller may outsource the
processing of personal data pertaining to a data subject.
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f) “Processing” - refers to any operation or any set of operations performed upon personal
information including, but not limited to, the collection, recording, organization,
storage, updating or modification, retrieval, consultation, use, consolidation, blocking,
erasure or destruction of data.
g) “Privileged information” - refers to any and all forms of data which under the Rules of
Court and other pertinent laws constitute privileged communication.
h) “Security incident” is an event or occurrence that affects or tends to affect data protection,
or may compromise the availability, integrity and confidentiality of personal data. It
includes incidents that would result to a personal data breach, if not for safeguards that
have been put in place;
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged to have been committed by such
person, the disposal of such proceedings, or the sentence of any court in such
proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not
limited to, social security numbers, previous or current health records, licenses or its
denials, suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept
classified.
Examples of sensitive personal information are: banks and credit/debit card numbers,
websites visited, materials downloaded, any other information reflecting preferences
and behaviour of an individual, grievance information, and leave of absence reason.
The Company, in the processing of personal information, implements and observes the
following applicable provisions of Section 12 of the DPA which provides: “The processing of
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personal information shall be permitted only if not otherwise prohibited by law, and when at
least one of the following conditions exists:
In the processing of sensitive personal information, the Company implements and observes the
following applicable provisions of Section 13 of the DPA which states that: “The processing of
sensitive personal information and privileged personal information shall be prohibited, except
in the following cases:
a) The data subject has given his or her consent, specific to the purpose prior to the
processing, or in the case of privileged information, all parties to the exchange have
given their consent prior to processing;
b) The processing of the same is provided for by existing laws and regulations: Provided,
that such regulatory enactments guarantee the protection of the sensitive personal
information and the privileged information: Provided, further, the consent of the data
subjects are not required by law or regulation permitting the processing of the sensitive
personal information or the privileged information;
c) The processing is necessary to protect the life and health of the data subject or another
person, and the data subject is not legally or physically able to express his or her consent
prior to the processing;
d) The processing is necessary to achieve the lawful and noncommercial objectives of
public organizations and their associations: Provided, that such processing is only
confined and related to the bona fide members of these organizations or their
associations: Provided, further, that the sensitive personal information are not transferred
to third parties: Provided, finally, that consent of the data subject was obtained prior to
processing;
e) The processing is necessary for purposes of medical treatment, is carried out by a
medical practitioner or a medical treatment institution, and an adequate level of
protection of personal information is ensured; or
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f) The processing concerns such personal information as is necessary for the protection of
lawful rights and interests of natural or legal persons in court proceedings, or the
establishment, exercise or defense of legal claims, or when provided to government or
public authority.
A. Collection
The Company’s collection of Personal Data is done by lawful means and for lawful purpose and
is directly related and necessary to the nature, functions, and purposes of the Company as a
securities broker dealer.
As a securities broker dealer, the Company collects the following Personal Data:
(a) Client’s name, Tax Identification number, name of spouse, home and business telephone
numbers, business fax number, passport information or government issued Identification card
and such other information that the Company may see fit;
(b) Basic contact information of (1) officials and pertinent employees of PSE, CMIC, and SCCP;
(2) officials and employees of SIPF, PASBDI; (3) officials and pertinent employees of other TPs;
(4) chairman, commissioners, directors, and whenever necessary, officers/employees of SEC; (5)
officers and employees of applicable government agencies and LGU; (6) officers and pertinent
employees of LCs; (7) representatives of trade suppliers; and (8) individuals who transact with
the Company. The basic contact information consists of full names, addresses or email
addresses, place of work, gender, and contact numbers.
Likewise, the Company also collects Personal Data from its members of the Board of Directors,
officials, and employees, regardless of the type of employment or contractual arrangement,
including on-the-job trainees and applicants for vacant positions. Personal Data are collected
through documents submitted or gathered in relation to job application or.
B. Use
The Company uses Personal data collected for purposes of (a) complying with the laws, rules
and regulations issued by PSE, CMIC, SCCP, SEC, and other government agencies, (b) for
purposes of its operations as securities broker dealer, and (c) for documentation purposes.
The Company shall ensure that Personal Data under its custody, whether in paper or electronic
format, are protected against any accidental or unlawful destruction, alteration, and disclosure,
including against any other unlawful processing. The Company implements appropriate
security measures in storing collected Personal Data, depending on the nature of the
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information, and Personal Data whether in paper or electronic format will be safely destroyed
through secure means, after the lapse of the retention period provided by law, rules or
regulations, or as determined by the Company.
D. Access
Due to the sensitive and confidential nature of the Personal Data under the custody of the
Company, only the authorized representatives of the Company shall be allowed to access such
Personal Data for any purpose, except (a) for those contrary to law, public policy, public order
or morals, or (b) when access by others is required or allowed by law or rules and regulations of
the SEC, CMIC, or PSE, or (c) when required by exigency of the business and operation of the
Company as a securities broker dealer.
All employees, officers, and directors of the Company shall maintain the confidentiality and
secrecy of all Personal Data that come to their knowledge and possession, even after resignation
or termination of contract or other contractual relations, unless otherwise required to be
disclosed by law, its rules and regulations, or rules and regulations of the PSE, CMIC, or SCCP,
or with the consent of the Data Subject.
V. Security Measures
The Company designated Ms. Lita J. Dulfo as its Data Protection Officer (DPO), also
currently serving as Associated Person.
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The following are the functions of the DPO:
a. Monitor compliance of the Company with the DPA, its IRR, issuances by the NPC,
and other applicable laws and policies;
The Company shall sponsor a mandatory training on data privacy and security at least
once a year. For personnel directly involved in the processing of Personal Data, the
management, through the DPO, shall ensure their attendance and participation in relevant
trainings and orientations, as often as necessary.
The Company will keep a recording and documentation of activities carried out by the
DPO, or the Company itself, to ensure compliance with the DPA, its IRR and other
relevant policies or issuances of the NPC.
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4. Conduct of Privacy Impact Assessment
The Company shall conduct a PIA relative to all activities, projects and systems involving
the processing of Personal Data. The PIA may be conducted on a specific project or system
when deemed to be necessary. The Company may outsource the conduct of the PIA to a
third party.
5. Duty of Confidentiality
All employees and officers of the Company shall be required to sign confidentiality and
non-disclosure agreement. All Company’s employees and officers with access to Personal
Data shall operate and hold Personal Data under strict confidentiality if the same is not
intended for public disclosure or unless such disclosure is required under the law, rules
and regulations of the SEC, CMIC, or PSE or with the consent of the Data Subject.
This Privacy Manual shall be reviewed and evaluated annually. Privacy and security
policies and practices within the Company shall be updated to remain consistent with
current data privacy best practices.
Personal data in the custody of the Company are in digital or electronic format and paper-
based or physical format.
All Personal Data in paper-based documents being processed by the Company are stored
in designated storage areas or kept in locked filing cabinets while the digital or electronic
files are safely stored in computers provided and installed by the Company with
appropriate passwords which are changed on a regular basis.
Only authorized personnel shall be allowed inside the data room. For this purpose, they
shall each be given a duplicate of the key to the room. Other personnel may be granted
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access to the room upon filing of an access request form with the Data Protection Officer
and the latter’s approval thereof.
For purposes of ensuring privacy of Personal Data, the computers used by Company’s
personnel are positioned with considerable spaces between them to maintain privacy and
protect the processing of Personal Data. A nightly closing protocol requires employees
and officials of the Company to log out of all computers.
Transfers of personal data via electronic mail shall use a secure email facility with
encryption of the data, including any or all attachments. Facsimile technology shall not be
used for transmitting documents containing personal data, unless with the consent of the
data subjects.
The Company shall retain the Personal Data for a period allowed by law, rules and
regulations. Upon expiration of such period, all physical and electronic copies of the
Personal Data shall be destroyed and disposed of using secure technology.
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C. Technical Security Measures
The Company shall implement technical security measures to make sure that there are
appropriate and sufficient safeguards to secure the processing of Personal Data,
particularly the computer network in place, including encryption and authentication
processes that control and limit access. They include the following, among others:
The Company may use an intrusion detection system to monitor security breaches and
alert the Company of any attempt to interrupt or disturb the system. The Company installs
anti-virus software to computers and laptops that regularly access the internet and uses
firewalls and anti-virus/anti-spyware software to protect systems that are accessible from
the internet. The systems that are exposed to the Internet such as the web servers and their
software or servers supporting sensitive applications are removed or disabled of
unnecessary services and applications and with properly configured user authentication.
The Company regularly reads the firewall logs to monitor security breaches or any
unauthorized attempt to access the network of the Company.
The Company reviews and evaluates software applications before the installation thereof in
computers and devices of the Company to ensure the compatibility of security features
with overall operations and to ensure privacy protection of Personal Data stored in said
computers.
The Company reviews security policies, conduct vulnerability assessments, and perform
penetration testing within the Company on regular schedule to be prescribed by the
appropriate department or unit.
4. Encryption, authentication process, and other technical security measures that control
and limit access to personal data
The Company’s personnel with access to Personal data shall verify his or her identity using
a secure encrypted link and multi-level authentication.
The Company shall regularly conduct a Privacy Impact Assessment to identify risks in
the processing system and monitor for security breaches and vulnerability scanning of
computer networks. Personnel directly involved in the processing of Personal Data
must attend trainings and seminars for capacity building. There must also be a periodic
review of policies and procedures being implemented in the organization.
The Company shall always maintain a backup file for all Personal Data under its
custody. In the event of a security incident or data breach, it shall always compare the
backup with the affected file to determine the presence of any inconsistencies or
alterations resulting from the incident or breach.
4. Notification protocol
The Head of the Data Breach Response Team shall inform the management of the need to
notify the NPC and the data subjects affected by the incident or breach within the period
prescribed by law. Management may decide to delegate the actual notification to the head
of the Data Breach Response Team. Such notification shall be done within seventy-two (72)
hours upon knowledge of, or when there is reasonable belief by the Company that a
Personal Data breach requiring notification has occurred. A breach shall be subject to
notification requirements under the following conditions:
The Data Breach Response Team shall prepare a detailed documentation of all security
incidents and Personal Data breaches, including those not covered by the notification
requirements. In the case of Personal Data breaches, a report shall include the facts
surrounding an incident, the effects of such incident, and the remedial actions taken by
the Company. In other security incidents not involving Personal Data, a report
containing aggregated data shall constitute sufficient documentation. These reports shall
be made available when requested by the NPC. A general summary of the reports shall
be submitted to the NPC annually.
Every data subject has the right to reasonable access to his or her Personal Data being processed
by the personal information controller or personal information processor. Other available rights
include: (1) right to dispute the inaccuracy or error in the Personal Data; (2) right to request the
suspension, withdrawal, blocking, removal or destruction of Personal Data; and (3) right to
complain and be indemnified for any damages sustained due to inaccurate, incomplete,
outdated, false, unlawfully obtained or unauthorized use of Personal Data. Accordingly, there
must be a procedure for inquiries and complaints that will specify the means through which
concerns, documents, or forms submitted to the organization shall be received and acted upon.
The data subject may write to the Company at [email protected] to discuss the inquiry,
together with their contact details for reference.
Complaints shall be filed in three (3) printed copies or sent to [email protected] . The
concerned department or unit of the Company shall confirm with complainant its receipt of the
complaint.
VII. Effectivity
This Privacy Manual takes effect on 10 January 2019 until revoked or amended.
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ANNEXES
1. I hereby grant my consent to the collection, recording, retention, use, storage, updating,
modification, and processing by the Company of my personal and sensitive personal
information (“Personal Data”) which were provided by, or about, me, before or during the
course of my employment with the Company, for the purposes set out in the Privacy Policy,
and all other legitimate purposes that are necessary or incidental to the same, or are necessary
or related to my employment with the Company;
2. I hereby grant my consent to the (a) disclosure by the Company of my Personal Data to The
Philippine Stock Exchange PSE, Inc., Capital Markets Integrity Corporation, Securities Clearing
Corporation of the Philippines, Securities and Exchange Commission, and other government
agencies, third parties or entities identified or contracted by the Company and (b) their
processing of my Personal Data, for the purposes described in the Privacy Policy or Privacy
Manual, for Company’s business purposes as a securities broker dealer, and all other purposes
that are necessary or incidental to the same, or are necessary or related to my employment with
the Company, or are necessary or related to the operations and functions of the Company as a
securities broker dealer;
4. I hereby grant my consent to the storage and retention by the Company of my Personal Data
throughout the retention period prescribed by law, rules and regulations, or policy of the
Company, and to the proper and safe disposal and destruction by the Company of my Personal
Data, whether in paper or electronic format, upon expiration of the retention period;
5. I acknowledge and agree that the Company has put in place appropriate organizational,
physical, and technical security measures to protect the privacy of my Personal Data. I am also
aware that notwithstanding the said privacy protection measures that have been put in place by
the Company, there is a risk that my information may be subject to unauthorized disclosure,
processing or breach. I agree to hold the Company, its directors, officers, and employees free
and harmless from any damage, loss, liability or injury that I may suffer on account of any
unauthorized disclosure, processing or breach of my Personal Data, provided that there is no
bad faith or gross negligence on the part of the Company or any of its respective officials,
employees or agents who directly process my Personal Data;
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6. I also confirm that I will keep my Personal Data, as recorded with the Company, updated
whenever necessary.
7. This consent shall be effective for the entire duration of my employment with the Company
and for a period not exceeding _______ years from the termination of my employment unless
otherwise required by the functions and operation of the Company as a securities broker dealer.
IN WITNESS WHEREOF, I have set my hand this ___ day of ____, 2019, in Taguig City,
Philippines.
_________________________________
Name and Signature
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Annex “B” – Access Request Form
NAME: POSITION:
OFFICE:
Print name and sign Print name and sign Print name and sign Print name and sign
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Annex “C” – Request for Correction/Erasure Form
NAME: POSITION:
OFFICE:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Print name and sign Print name and sign Print name and sign Print name and sign
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