DATA PRIVACY STATEMENT
THM Distributors and Sales Corp., Magnacycle Sales Corp, Tres Hermanas Motors Corp., Prime Mover Leasing and Finance Corp., simply known as “THM Group of Companies”, its affiliates and subsidiaries, is committed to safeguard the personal and account information of our customers. In this regard, please be apprised of the regulatory requirements on data privacy and security.
Republic Act No. 10173 known as the Data Privacy Act (DPA) of 2012, issued by the National Privacy Commission (NPC) in August 2012, provides the guidelines on the implementation of this law. Upon consent, we shall continue to process the personal, sensitive, and privileged information (collectively known as Personal Data) of our clients (who are regarded as the Data Subjects), in the course of servicing our customers in accordance with applicable laws and regulations.
This Privacy Statement, hereafter referred to as “Statement”, explains how we collect, protect, use, and share your information when you access our websites and/or avail of our products and services.
This Statement outlines the general practices of THM Group in relation to our processes and content which are made available through our website and social media page. This Statement also covers the privacy practices for our customers who apply and obtain products and services from us, such as, but not limited to, sale of motorcycles, parts, accessories, service, offering of loans and basic motorcycle insurance, and other such products and services that we may offer from time to time.
A. Our Privacy Practices
The privacy practices described in this Statement are primarily intended for individuals in the Philippines and are designed to comply with the Data Privacy Act of 2012 (R.A. 10173) and its implementing rules and regulations. When accessing our website and/or availing of our services from outside the Philippines, you acknowledge and agree that your information may be transferred to and processed in the Philippines following legal and regulatory standards for data protection that may differ from your current or home jurisdictions.
It is our policy to respect and uphold data privacy rights, and to ensure that all personal data collected from clients and employees are processed pursuant to the general principles as stated in Data Privacy Act of 2012.
The following information is necessary for our clients to know and understand:
Types of Information:
- Personal information – any information, whether recorded in material form or not, that will directly ascertain the identity of an individual. This includes your address and contact information.
- Sensitive personal information – personal information that includes:
- About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
- About an individual’s health, education, genetic or sexual life of a person, usage of common ed drugs, like cialis or fildena or to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings;
- Issued by government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
- Specifically established by an executive order or an act of Congress to be kept classified.
- Privileged Information – any and all forms of information which, under the Rules of Court and other pertinent laws, constitute privileged communication, such as, but not limited to, information which a person authorized to practice medicine, surgery or obstetrics may have acquired in attending to a patient in a professional capacity.
B. Information We Will Collect from You
When you apply for or avail any of our product or service, we collect your personal information so that we may provide valuable and useful services that we believe you might find interesting and beneficial. Personal information is any data that can be used to identify a person. These may include your name, address, e-mail address and telephone number and financial information.
We may, as and when necessary, seek to verify or augment this information with third-party entities.
In the course of availing our products and services, we also collect information about your transactions and dealings which include your account activities, movements and interactions with third parties such as merchants and utility companies.
When you access our websites, we may provide information about us as well as information regarding our products and services. In the course of using our network of websites and electronic platforms, we may collect non-personal information such as those provided by your device which may include the IP address, operating system, browser type and version, and other machine identifiers. We may use web analytic tools, including those of third parties’,that use cookies to collect anonymous information and data gathered in connection with your activities when you visit the pages and our network of websites.
We may also collect, use and keep your personal opinions or comments made known to us via feedback or responses to surveys or any other interaction that you had with our employees, authorized representatives, agents and service providers.
C. How We Use Your Information
We use the information collected to deliver and provide the products and services that you are to avail:
- process applications and transactions for motorcycle retail products and other services offered;
- respond to queries, requests and complaints and to improve how we interact with you; send you statements, billings, notices and other such documents necessary for continued use of our products and services;
- conduct studies and researches to develop new or improve our existing products and services;
- perform profile analysis, modeling and analytics to better understand needs, preferences and market trends for the development of more suitable products and services;
- to reach out to you regarding products and services information, including offers, promotions, discounts, rewards; and to know your experience with us thru our various touchpoints such as branches, social media, and other channels that may be established by THM Group;
- determine the effectiveness and sufficiency of our marketing efforts and initiatives;
- provide location-based services such as finding the nearest branch to you, as well as reaching out our other services to you;
- perform certain protective safeguards against improper use or abuse of our products and services including fraud prevention;
- comply with our operational, audit, administrative, credit and risk management processes, policies and procedures, the terms and conditions governing our products, services, facilities and channels, legal and regulatory requirements of government regulators, judicial, supervisory bodies, tax authorities or courts of competent jurisdiction, as to the same may be amended or supplemental from time to time;
- comply with legal and regulatory requirements such as submission of data to credit bureaus, credit information companies, the Credit Information Corporation (CIC) (pursuant to RA No. 9510 and its implementing rules and regulations) responding to court orders and other instructions and requests from any local or foreign authorities including regulatory, governmental, tax and law enforcement authorities or other similar authorities;
- perform other such activities permitted by law or with your consent.
D. How We May Share Your Information
We may share your personal information with our subsidiaries, affiliates and third parties, under an obligation of confidentiality
- We may share personal information with various units within THM Group in order to better understand the way you use our products and services. This will allow us to improve our services and offer you opportunities to obtain such other useful products and services that may deliver greater value to you
- We may share your information with our subsidiaries and affiliates to likewise offer you additional products and services that we believe you might find interesting
- We may share with third parties that we engaged to support us in delivering our services to you. These may involve anonymous or aggregated information to help improve our products, services, and content.
- We may also engage third parties to help us operate our business. These include support in:
- Complying with legal requirements;
- Enforcing our terms of use including, among others, our rights as creditor to customers availing of our loan products, or such other applicable policies with respect to the services that we provide;
- Addressing fraud, security or technical issues, to respond to an emergency or otherwise to protect the rights, property or security of our customers or third parties; To carry out all other purposes set out above.
- All our engagements with third parties shall be fully compliant with our obligation of confidentiality imposed on us under the applicable agreements and/or terms and conditions or any applicable laws that govern our relationship with you.
E. How We Protect Your Information
We fully recognize the value of your personal information particularly as it may include sensitive personal information such as your age, government-issued IDs, etc. Appropriately, we strive to maintain the confidentiality, integrity and availability of your personal information by employing physical, technological and organizational safeguards. We train our employees to properly handle your information. Whenever we engage other companies to provide services to us, we require them to protect personal information aligned with our own security standards.
F. How Long Do We Keep Your Information?
Your personal information shall be retained for as long as the purpose for which it was collected, and such other purposes that you may have consented to from time to time, remains in effect until such time as it is no longer required nor necessary to keep your information for any other legal, regulatory or business purposes. You may ask us to stop collecting, using and disclosing your personal data at any time by contacting our Data Protection Officer (for contact details, see below). However, if you do not provide this personal data or ask us to stop collecting, using or disclosing it, we may not be able to maintain your registration with the website, fulfil your orders, process your payments, provide products and services to you, respond to your correspondence, or comply with applicable laws.
G. OUR ROLE
We commit to use your personal information in the course of our retail and commercial relationship with you. We shall use your information to determine what products and services we can provide you. Use of your information shall also be to comply with the legal and regulatory requirements of pertinent government authorities and our obligation to third parties. Non-identifiable data collected from our website visitors shall only be for tracking and servicing the users’ concerns, if any. We may also collect, process, store, and exchange your personal data in accordance with applicable laws and/or as per your agreement with us.
We ensure that your information with us is kept confidential. We shall safekeep and use your information confidential within the bounds of applicable Philippine laws (e.g. Republic Act No. 10173 re: Data Privacy Act; etc.). We shall provide only the needed information to government agencies, like the Bureau of Internal Revenue (BIR) or Land Transportation Office (LTO), and third parties when allowed by law and/or per your agreement with us.
We commit that the management of your personal information adheres to established security standards and procedures. Our continuously improving technology and information security framework shall prevent unauthorized access to your information which undergoes continuous assessment to improve securing your privacy.
H. Your Rights
As provided under the DPA, you have the following rights in connection with the processing of your personal data: right to be informed, right to object, right to access, right to rectification, right to erasure or blocking, and right to damages.
In respecting your rights to privacy, you may opt to tell us:
- Not to send you marketing materials via email;
- Not to share your information with our subsidiaries and affiliates or with other companies that we have business with provided that such information is not critical nor required by applicable laws and regulations in maintaining the services that you have availed with us;
- To provide you with information that we currently have about you subject to restrictions applied to us as a company operating in the Philippines by certain laws and regulations;
- To update your information;
- About your other concerns relating to how we collect, use, share, protect or dispose your information. We may charge a fee for processing your request/s for access and/or update. Such a fee depends on the nature and complexity of your request. Information on the processing fee will be made available to you prior to making the request.
I. YOUR ROLE
Protect your personal information.
We entice that you to be extra cautious in protecting your personal data by ensuring that your account and personal details are not disclosed to other people, nor written where it will be easily accessible to others. Likewise ensure that all data provided to us are accurate and updated.
Report any data breach.
If you think that your personal data was improperly handled in terms of confidentiality or integrity, or if someone tampered with your personal data without your consent, please contact us immediately thru our Data Protection Office. Details as follows:
Data Protection Officer
THM Distributors and Sales Corp.
5th Floor, Panorama Bldg., Rizal Ave. Extension, Caloocan City
Contact No: (02) 8 367 4774
Email Address: thmgcprivacyconcern@yahoo.com
Use secure means to contact us. For any queries, clarifications or requests on any aspect of this Statement, the exercise of your rights pertaining to your personal information, or to provide any feedback that you may have about our processing of personal information, please visit any of our branches or send us an email during office hours.
Changes to our Privacy Statement
We may modify or amend this Privacy Statement from time to time to keep up with any changes in relevant laws and regulations applicable to us or how we collect, use, protect, store, share or dispose of your personal information. Any relevant updates will be posted on the THM / Magnacycle websites and social media accounts
