Privacy Notice

PLEASE READ CAREFULLY.

Section 1. Notice to Applicant

1.1. What Are Your Privacy Rights?

1.2. How Does EastWest Bank Collect, Use, Disclose, Retain, And Dispose Your Personal Data?

1.3. How Can You Access Your Personal Data?

1.4. What Security Measures Are In Place To Protect Your Personal Data?

Section 2. Updates on Privacy Notice

Section 3. Contact EastWest Bank’s Data Privacy Office



Section 1. Notice to Applicant

What are Applicant Records?

An Applicant record is a record of personal data, either in manual or electronic format, relating to the application. The record comprises personal data such as information about health condition, religious belief and criminal conviction, if applicable, and other information that may obtained from third parties in order to process the application for employment. Applicants’ records are confidential and kept in locked storage. The formal Applicant record exists within Human Resources.

What are your Privacy Rights?

1. Right to Request Special Privacy Protections. You have the right to request restrictions on certain uses and disclosures of your personal data by a written request specifying what information you want to limit, and what limitations on our use or disclosure of that information you wish to have imposed. If you tell us not to disclose information, we will abide by your request, unless we must disclose the information for reasons allowed by law. We reserve the right to accept or reject any other request, and will notify you of our decision.
2. Right to Inspect and Copy. You have the right to inspect and copy your personal data, with limited exceptions. To access your personal data, you must submit a written request detailing what information you want access to, whether you want to inspect it or get a copy of it, and if you want a copy, your preferred form and format. We will provide copies in your requested form and format if it is readily producible, or we will provide you with an alternative format you find acceptable, or if we can’t agree and we maintain the record in an electronic format, your choice of a readable electronic or hardcopy format. We will also send a copy to any other person you designate in writing. We will charge a reasonable fee which covers our costs for labor, supplies, postage, and if requested and agreed to in advance, the cost of preparing an explanation or summary. We may deny your request under limited circumstances. If we deny your request to access your Applicant records or the records of the individual you are representing because we believe allowing access would be reasonably likely to cause substantial harm to the Applicant, you will have a right to appeal our decision.
3. Right to Request Confidential Communications. You have the right to request that you receive your personal data in a specific way or at a specific location; i.e., you may ask that we send information to a personal e-mail account. We will comply with all reasonable requests submitted in writing which specify how or where you wish to receive these communications.
4. Right to Amend or Supplement. You have a right to request that we amend your personal data that you believe is incorrect or incomplete. You must make a request to amend in writing, and include the reasons you believe the information is inaccurate or incomplete. We may deny your request if we do not have the information, if we did not create the information, if you would not be permitted to inspect or copy the information at issue, or if the information is accurate and complete as is. If we deny your request, you may submit a written explanation of your disagreement with that decision, and we may, in turn, prepare a written rebuttal. All information related to any request to amend will be maintained and disclosed in conjunction with any subsequent disclosure of the disputed information.
5. Right to Revoke Authorization. Your consent is necessary before EastWest Bank can lawfully collect and process your personal data.
6. In case you already gave your consent by agreeing to the privacy notice, you can withdraw consent if the bank subsequently amends said notice. EastWest Bank shall notify you of changes to their privacy notice and must explicitly solicit your consent once again.
7. You may also revoke (take back) your consent at any time. For the avoidance of doubt, this does not invalidate any previous processing that has performed in accordance with consent originally given.
8. Right to Erasure or Blocking. You have the right to suspend, withdraw or order the blocking, removal or destruction of your personal data. You can exercise this right upon discovery and substantial proof of any of the following:
   1. Your personal information is incomplete, outdated, false, or unlawfully obtained.
   2. It is being used for purposes you did not authorize.
   3. The data is no longer necessary for the purposes for which they were collected.
   4. You decided to withdraw consent, or you object to the processing and there is no overriding legal ground for processing.
   5. The data concerns information prejudicial to the Applicant — unless justified by freedom of speech, of expression, or of the press; or otherwise authorized by law.
   6. The processing is unlawful.
   7. EastWest Bank, or its personal information processor/s, violated your rights as an Applicant.
9. Right to Be Notified of a Breach. You have the right to receive notifications of breaches of your personal data, as may be required by law. Aside from protecting you against unfair means of personal data collection, this right also requires EastWest Bank to notify you in a timely manner if your personal data has been compromised. If you have provided us with a current e-mail address, we may use e-mail to communicate information related to the breach.
10. Right to Claim Compensation. You may claim compensation if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as data subject.
11. Right to file a Complaint with the National Privacy Commission (NPC). If you feel that your personal data has been misused, maliciously disclosed, or improperly disposed, or that any of your data privacy rights have been violated, you have a right to file a complaint with the NPC. Formal complaints are made by filing a complaint-affidavit, together with copies of any evidence and affidavits of any witnesses at any NPC office. Complaints can also be made by electronic filing, by:
12. attaching these documents in a specific e-mail sent to complaints@privacy.gov.ph; or
13. submitting a portable electronic data storage device to any NPC office. Electronic documents must be digitally signed and in .PDF format (if practicable), on page sizes compliant with the Efficient Use of Paper Rule. If submitted in this digital format, the NPC may charge fees for printing. If submitting through a portable electronic data storage device, similar portable data storage devices containing the same files must also be given to any opposing party so named. One portable data storage device is equivalent to one copy. If the portable data storage device is infected with malware, the documents will not be considered as having been filed.
14. Right to a Paper or Electronic Copy of this Notice. You have a right to be notified of our legal duties and privacy practices with respect to your personal data, including a right to a paper copy of this Privacy Notice, even if you have previously requested its receipt by e-mail.
16. If you would like to have a more detailed explanation of these rights or if you would like to exercise one or more of these rights, please contact ewbdpo@eastwestbanker.com

Section 1.2. How does EastWest Bank Collect, Use, Disclose, Retain and Dispose your information?

Collection and Use.

Personal data will only be collected for purposes necessary to the functions and activities of EastWest Bank. These includes the following:

1. Selection of applicants, application, appraisal, training, discipline, remuneration of staff (e.g. salary, insurance, separation pay etc.), and company’s administrative activities (e.g Gym Activities, etc.), regulatory compliance (BSP, RPT). The selection process may involve the supply of further information, and we may obtain such information from third parties (including but not limited to, information from background check agencies.

EastwWest Bank will not use the information for a purpose other than that for which it was collected unless:

1. The Applicant to whom the information relates has consented to the use of the information for that other purpose;
2. The other purpose for which the information is used is directly related to the purpose for which the information was collected;
3. The use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual to whom the information relates or of another person; or,
4. If so directed by a court of law.

If EastWest Bank uses or discloses personal information (authorized above), it will make a written note of the use of disclosure and of the reason for its disclosure in the appropriate file maintained by Human Relations.

Disclosures due to Law and Enforcement

Access request from Police. Requests for information from the police will not be accepted over the telephone. Applicants receiving written requests for personal data from law enforcement agencies must direct the inquirer to EastWest Bank’ Data Privacy Officer. This procedure does not apply in cases where there is an imminent threat to life or safety; however, reasonable attempts should be made to immediately discuss the matter with the Data Privacy Officer. In most other circumstances, it may be assumed that EastWest Bank will require the issuing of a search warrant or subpoena. Records of all requests and disclosures of personal data to the law enforcement agencies will be kept in the appropriate file maintained by Human Relations.

Access request from Government. Agencies such as the Social Security System, Bureau of Internal Revenue, PAG-IBIG, and Philhealth sometimes have a lawful need to access personal data held by EastWest Bank in order to perform their legislated functions. Any government agency requiring personal data should be informed that EastWest Bank will supply personal data only in response to a formal notice issued pursuant to the agency’s mandate.

Access request through subpoenas and court orders. The personal data held by EastWest Bank may be required as evidence in court and tribunal proceedings. These may be matters which do not involve EastWest Bank, or litigation to which EastWest Bank is joined as a party. For all matters, the proper officer to be named in subpoenas and other orders is the Data Privacy Officer. Subpoenas received by EastWest Bank for personal data it holds must be directed to the office of the Data Privacy Officer.

Disclosure to Third Party

Your application information can be accessed by third party service providers of EastWest Bank for payroll processing, computation of insurance policy, and other purposes mentioned in Section 1.2 of this Privacy Notice. EastWest Bank ensures adherence of third parties to the Data Privacy Act of 2012 and will ensure that such third parties are contractually bound, as appropriate.

Retention. EastWest Bank will retain your personal data due to the following reasons:

1. For the fulfillment of the declared, specified, and legitimate purpose, until when the processing relevant to the purpose has been terminated;

1. For the establishment, exercise or defense of legal claims;
2. For legitimate business purposes, which must be consistent with standards followed by the applicable industry or approved by appropriate government agency; or
3. In any case provided by law.

Disposal. EastWest Bank will dispose of your personal data in a manner that the data will be unreadable (for paper) or irretrievable (for digital records).

How can you Access your Information?

Current and previous Applicants are entitled to know whether personal data about them is held by EastWest Bank, the nature of the information, the main purposes for which it is used, and their entitlements to gain access to it. Access to personal information includes opportunity for the Applicant to inspect records, take notes or obtain a photocopy or computer printout; however, this must be in the presence of a representative from Human Resources.

Access for the Individual. EastWest Bank will provide the Applicant access to his/her personal Applicant record upon written request by the Applicant, except:

1. In the case of personal data, providing access would pose a serious and imminent threat to the life or health of any EastWest Bank Applicant;
2. Providing access would have an unreasonable impact upon the privacy of other EastWest Bank Applicants;
3. The request for access is disturbing or vexatious;
4. Providing access would reveal the intentions of EastWest Bank in relation to negotiations with the Applicant in such a way as to influence those negotiations;
5. Providing access would be likely to prejudice an investigation of possible unlawful activity;
6. Denying access is required or authorized by or under law; or
7. Providing access would be likely to prejudice the outcome of an internal investigation.

Access to Applicant records is provided to the Applicant, his or her nominated supervisor, or Executive Team member for positions in their line of responsibility. If EastWest Bank is not required to provide the applicant with access to personal data because of one or more of (the above) reasons, EastWest Bank must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.

Access for others. EastWest Bank will not disclose personal data to anyone or any organization, unless:

1. The disclosure is related to the purpose for which the information was collected. There must be no reason to believe that the Applicant concerned would object to the release of the information;
2. The Applicant concerned was reasonably likely to have been aware, or had been notified, that the personal data is usually disclosed to the person or agency;
3. The disclosure is necessary to prevent or lessen a serious and imminent threat to life or health of any person;
4. In relation to some investigations and law enforcement process; or,
5. Where legislation recognizes lawful access by some government agencies, EastWest Bank will provide reasons for denial of access or a refusal to correct personal data.

EastWest Bank will respond to an Applicant's written and signed request for their personal data as soon as practicable. The time taken to respond to an Applicant's request for access may be influenced by various factors. These may include the method of communication, the type or amount of personal data requested, how the personal data is held, if a third party needs to be consulted, and how it is to be provided to the individual making the request.

What security measures are in place to protect your personal data?

EastWest Bank will take reasonable steps to protect the personal data it holds from misuse and loss and from unauthorized access, modification or disclosure. EastWest Bank must approve the use of personal computers in the workplace or for the copying or transferring of personal data onto personal computers. At the time of separation from EastWest Bank, EastWest Bank will take all appropriate steps to identify personal data stored on personal computers and direct and supervise the removal of such personal data.

This Privacy Notice is designed to promote and enhance the privacy and security of EastWest Bank Applicants’ personal data. A failure to comply with this notice will be viewed seriously and may, in line with the enterprise agreement(s) in place at the time, result in disciplinary action, including dismissal. Applicants must report breaches of this policy to the Data Privacy Officer.

EastWest Bank will use its utmost endeavors to protect applicants who, in good faith and with good grounds, report breaches of the privacy policy.

Section 2. Updates on Privacy Notice

2.1 Updates to this Privacy Notice. EastWest Bank reserves the right to amend this Privacy Notice at any time in the future. After an amendment is made, the revised Privacy Notice will apply to all personal data that we maintain, regardless of when it was created or received.

Section 3. Contact Data Privacy Office

3.1 Contact us. EastWest Bank’s Data Privacy Office provides support with any data privacy related questions, comments, concerns or complaints. You may contact us through the following information:

Address: 2281 Chino Roces Ave., Makati City, Philippines

Email address: ewbdpo@eastwestbanker.com

EastWest Bank’s Data Privacy Office will always use best efforts to address and settle any requests or complaints brought to its attention. In addition, you may also approach the competent data protection authority for any requests or complaints.

By clicking this box, you have read, understood and agreed to the above policy. You also hereby consent to the collection, processing, and disclosure of your personal data for the purposes declared in the notice.