Data Privacy Terms and Conditions

I. AYALA ENTERPRISE CIRCLE

Ayala Enterprise Circle is an initiative of Ayala Corporation (“AC” or “we” or “us” or “our”) intending to consolidate the efforts of AC and its subsidiaries and affiliates, including Ayala Land, Globe, Bank of the Philippine Islands (BPI), and AC’s associates as well as investee companies of AC, its subsidiaries, affiliates and associates (collectively, the “Ayala Group”) to engage, support, and drive value for its small and medium enterprise (SME) customers and suppliers, and to create a formal network to upskill, connect and enable SMEs. Through Ayala Enterprise Circle(“AEC”), we aim to:

  1. Enable SME owners on how to grow, scale, and optimize their businesses;
  2. Connect SMEs to potential partners and suppliers, experts, and mentors to support the SME growth opportunities; and
  3. Permit SMEs to have a better experience across the Ayala Group.

II. DATA PRIVACY

A. Scope

As customers, suppliers and their authorized representatives (“Data Subjects”) of Ayala Group, you acknowledge that your participation in AEC may involve the processing of Personal Information and Sensitive Personal information as defined in Section 3 of Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA) (collectively, “Personal Data”) that you provide to us when you sign up for AEC and use our services more particularly described in our Terms of Service (our “Services”).

B. Personal Data We Collect

We collect Personal Data to provide our Services, to communicate with you, or to make our Services better.

We collect information, including Personal Data, in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources.

Information You Provide Us

When you register for our Services, you need to provide data including your name, e-mail address, contact number, relationship to the company (for corporate accounts) and birthdate. We also collect information that may not be personal in nature relating to the business including relevant company data such as company name, company website, and business entity government identifiers, such as the Tax Identifier Number (TIN) of the business, SEC Registration Number or DTI Registration Number of the business, as well as identifiers within the Ayala Group including, but not limited to the business’ BPI account number and its Globe account or mobile number.

When you submit to us your company/business data, you represent and warrant that: (1) consent has been obtained from such company/business entity in accordance with this consent form and our terms of Service; (2) that you have been designated as having the authority to perform acts on behalf of the company/business entity including the authority to give instructions and to sign documents electronically; (3) that you have been duly authorized to submit the same to us for purposes stated herein; and (4) that the company/business entity you represent shall be legally bound by your actions hereunder.

For the avoidance of doubt, “consent” is used herein to refer to your consent, and to the consent of the representatives of the company/business entity and of the company/business entity itself you are representing and on whose behalf you have registered and/or signed up as member to avail of our Services, as may be applicable.

Information We Collect Automatically

We also collect some information automatically through our Services, including:

  • Log Information: This includes data on the way you use our services, such as the web pages you visit, the time and date of your visit as well as your internet protocol (IP) address.
  • Device and browser information: This includes data on your device and browser specifications, such as the type of operating system and version, browser type, and language settings.
  • Location Information: This includes the approximate location of your device from your IP address and information about your precise location via geotags in images you supply.
  • Cookie information: This includes our use cookies and other technologies to help us identify and track visitors, usage, and access preferences for our Services.

Information We Collect from Other Sources

We may also obtain other information, including Personal Data, from third parties and combine that with information we collect through our Services.

C. How We Use Your Data

We may collect, use, disclose and/or process your information, including Personal Data, for one or more of the following purposes:

  • To provide our Services, including, but not limited to, setting up and maintaining your account, processing and completing transactions, providing customer service and support, connecting you with AEC partners and other AEC members, providing you with promotions from across the Ayala Group and AEC partners, or as may be reasonably necessary to fulfil our AEC service obligations.
  • To further develop and improve our Services, e.g., by adding new features that we think our users will enjoy or will help them use our Services more effectively;
  • To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
  • To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of the Ayala Group and others, which may result in us declining a transaction or the use of our Services;
  • To communicate with you, for example through an email, about offers and promotions offered by AEC and others we think will be of interest to you, solicit your feedback, or keep you up to date on AEC and our products;
  • To personalize your experience using our Services, provide content recommendations, target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and serve relevant advertisements;
  • To comply with the requirements of the law and legal proceedings, such as court orders and legal obligations; and
  • For other legitimate business purposes.

D. Sharing of Information Collected

In line with the aim of AEC to connect SMEs to potential partners, suppliers, experts and mentors, you acknowledge that your Personal Data, including those pertaining to other representatives of the company/business entity that you represent as well as any information relating to the company/business entity which may be provided or submitted to us from time to time for the purposes stated herein, may be shared by us to enable us to perform our obligations under our Terms of Service and on the basis of our legitimate interest (“Shared Personal Data and Other Information”).

Sharing within the Ayala Group

Your Personal Data, may be shared within the Ayala Group by granting an access right to servers, databases, or storage devices where all or some of the Shared Personal Data and Other Information is stored and encrypted against unauthorized access. Electronic and/or physical copies of all or some of the Shared Personal Data and Other Information can also be sent or delivered to the members of Ayala Group. The Shared Personal Data and Other Information may likewise be used to contact you about any matter, including updates, future events, promotions and benefits, and to create your profile should you choose to avail any of the programs, services, promotions and benefits being offered.

In order to facilitate the provision of the Services, you and/or the company/business entity you are representing herein agree that AC may also collect and obtain from Bank of the Philippine Islands (BPI) relevant information about you and/or the company/business entity you are representing and on whose behalf you have registered and/or signed up as member to avail of our Services such as, where applicable, your company profile, BPI relationship status and credit profile (“BPI Profile Information”). For this purpose, you and/or the company/business entity you are representing herein expressly authorize BPI, from time to time, to disclose and share to AC your BPI Profile Information as appearing in BPI’s records, and for AC to process and use your updated BPI Profile Information obtained from BPI in accordance with these Terms and Conditions.

Sharing with other SMEs and Independent Contractors

We may share your Personal Data including the Shared Personal Data and Other Information with the following third parties to enable us to deliver our Services: Ayala Group partners, suppliers, distributors or resellers for further follow-up related to your interests, AEC partners and other AEC members that offer complementary products and services.

Sharing with Third Parties

We may share Personal Data, including the Shared Personal Data and Other Information, with the following third parties for a business purpose:

  • Third-party service providers (for example, analytics providers, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, and other similar service providers) in order for those service providers to perform business functions on behalf of the Ayala Group;
  • Relevant third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings);
  • As required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities outside your country of residence, for national security and/or law enforcement purposes.

E. Protection of Personal Data and Other Information

Ayala Group shall take appropriate measures to prevent risks of unauthorized access to your Personal Data, the Shared Personal Data and Other Information including implementation of appropriate physical, technical and organizational measures in compliance with the requirements of applicable privacy laws and regulations.

When third parties are given access to Personal Data, including the Shared Personal Data and Other Information, we will take appropriate contractual, technical and organizational measures designed to ensure that personal information is processed only to the extent that such processing is necessary, consistent with our Privacy Policy, and in accordance with applicable law.

F. Data Retention and Disposal

Your Personal Data, including the Shared Personal Data and Other Information, shall be retained only for as long as is necessary for the fulfillment of the declared, specified, and legitimate purposes provided above, or when the processing is relevant to such purposes, strictly in accordance with our records retention policy but should not exceed a period of five (5) years, unless otherwise extended by another agreement. After which, your Personal Data, including the Shared Personal Data and Other Information, shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interests.

G. Your Rights as Data Subject

  1. The Right to be Informed – We honor your right to be informed of the purposes, scope and methods of personal data processing involved in your registration for Ayala Enterprise Circle. Please note that we are constantly trying to improve and evolve the capabilities of Ayala Enterprise Circle to automate the validation, verification, and processing of Personal Data. This could involve changes to the purpose, scope and method of personal data collection and processing. To this extent, we shall endeavor to inform you of any such changes and, when necessary, ask you to review and accept supplemental terms covering new programs and services.
  2. The Right to Object – You have the right to object to the further processing and disclosure of your personal data at any time. You shall be informed of any changes to the Terms and Conditions and your consent obtained thereto, when appropriate.
  3. The Right to Suspend and/or Withdraw Consent Anytime – Whenever data processing is based on consent, you may suspend and/or withdraw your consent at any time. If you suspend and/or withdraw your consent, this will not affect the lawfulness of our collecting, using and sharing of your Personal Information up to the point in time that you withdraw your consent. Even if you suspend and/or withdraw your consent, we may still use your information if we have other lawful bases for processing (e.g., fulfillment of contractual obligations and for legitimate business interests) and such information that has been fully anonymized and does not personally identify you. Unless duly communicated to us in writing and which communication we have acknowledged, the consent you have given upon registration shall remain in full force and effect, and shall continue to authorize us to process your Personal Data, including the Shared Personal Data and Other Information, for purposes stated herein. You agree that suspension and/or withdrawal of consent shall not be presumed from non- use of our Services for any length of time.
  4. The Right to Access, Correction and/or Blocking – You have the right to request for a copy of any of your Personal Data processed under these Terms and Conditions. We may charge you reasonable fees to defray the costs of reproduction of the Personal Data being processed. Furthermore, you have the right to have it corrected if you think it is inaccurate or incomplete, subject to the submission of sufficient proof. Youhavetherighttosuspend,withdraworordertheblocking,removalordestructionofyour Personal Data should you: (a) discover that it is incomplete, outdated, false, unlawfully obtained, used for an unauthorized purpose, no longer necessary for the abovementioned purposes; (b) withdraw your consent thereto; or, (c) discover violations of your right as a data subject.

H. Use of Cookies

Ayala Enterprise Circle may from time to time implement identifiers that are transferred to your computer or mobile device that allow us to recognize your computer or device and tell us how and when the Services or website are used or visited, by how many people and to track movements within our website (“Cookies”) or other potential features that allow us or third parties to collect or share information that will help us improve our Site and the Services that Ayala Enterprise Circle will offer. We may link cookie information to your member profile. Cookies may also link to information regarding Services and/or products you have viewed or purchased. This information is used to keep track of your shopping cart, as an example, when we choose to launch more of our Services. We will use Cookies to also deliver content to deliver content specific to your interest and monitor website usage.

Refusal to the use of cookies can be enabled by selecting the appropriate settings on your web browser. However, this may result to not being able to use the full functionality of the Site and our Services

I. Google Analytics

Ayala Enterprise Circle may utilize certain Google Analytics functions. Please see this link for how your data is collected and this link for instructions on how to opt-out of any Google Analytics data tracking.

III. ACCEPTANCE OF THE TERMS AND CONDITIONS, AND RELATED OBLIGATIONS

Acceptance of these Terms and Conditions constitutes your express consent and the express consent of the company/business entity you are representing and on whose behalf you have registered herein to the collection, use, storage, disclosure and general processing of your Personal Data, the Personal Data of your company’s/business entity’s representatives including the Shared Personal Data and Other Information by Ayala Group for the purposes stated herein.

Your acceptance shall also be tantamount to you and/or the company/business entity you are representing herein taking full and sole responsibility over the truthfulness, accuracy and completeness of the Personal Data as well as the Shared Personal Data and Other Information you provide or caused to provide to Ayala Group for the stated purposes, and that you undertake to immediately notify AC or Ayala Group of any change thereto. The foregoing also constitutes your express consent as well as the express consent of the company/business entity you are representing herein under the applicable confidentiality and bank secrecy laws of the Philippines and other jurisdictions.

In case of violation hereof or any form of misrepresentation, you and/or the company/business entity you are representing and legally bound by your actions herein commit to defend, indemnify and hold free and harmless AC and the Ayala Group, their directors, officers and employees from any and all claims, suits, liability, loss, cost, damage and/or injury which may arise therefrom or in connection with the implementation and compliance with the authorization conferred by you under these Terms and Conditions .

These Terms and Conditions are supplemented by AC’s Privacy Policy (https://www.ayala.com.ph/privacy-policy), to the extent that the same is not in conflict with the provisions herein. In case of disagreement, these Terms and Conditions shall prevail.

If you have any questions, concerns, objections about this instrument, you may contact us directly through the following:

Office of the Data Protection Officer
Ayala Corporation
Contact Information Tel
(632) 7908-3346
Email: acdataprivacy@ayala.com.ph
Office Address 34/F Tower One and Exchange
Plaza, Ayala Triangle
Ayala Avenue, Makati City

Updated: August 2021