Today is September 16, 2019

PRIVACY NOTICE FOR REGISTRANTS OF CORPORATIONS
(ARTICLES OF INCORPORATION)

1. WHAT PERSONAL INFORMATION WE COLLECT

SEC collects from incorporators, stockholders, members, directors, trustees, officers, resident agents, notary public, and their representatives any or combination of the following personal information: Full name, signature, nationality, complete & specific residential address, Email address, mobile and fixed line telephone numbers of contact persons, Professional Regulation Commission number, roll of attorney number, passport number, taxpayer information number and other information.

2. IP ADDRESSES

The SEC does not collect information about computer (or mobile device), including internet protocol address, operating system and browser type.

3. COOKIES

The SEC does not use cookies to distinguish one user from other users of the facility.

4. HOW WE COLLECT

For this facility, SEC collects, uses and/or processes personal information through electronic or automated means. Subsequently, SEC collects, uses and/or processes personal information based on submitted paper documents related to registration and amendments.

5. WHY WE COLLECT INFORMATION

SEC is mandated by the Corporation Code and the Securities Regulation Code to regulate the corporate sector and the securities markets. The collected personal information will be utilized for regulatory purposes pursuant to our statutory functions to ensure full and timely disclosure of material information, protect the investors, and minimize if not eliminate fraudulent or manipulative devices and practices that create distortion in a free market.

Further, the SEC, as supervising authority, is mandated to assist the Anti-Money Laundering Council (AMLC) in effectively implementing the provisions of the Anti-Money Laundering Act, and to obtain, keep and make accessible information necessary to detect and prevent money laundering and terrorist financing in the country.

SEC is also mandated by Executive Order No. 2 (2016) or the Freedom of Information (FOI) regulation, to provide every Filipino access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. Thus, SEC treats the Articles of Incorporation (AOI), By-Laws, and related documents as public records which are available to the public.

SEC shares with and makes available the AOI, By-Laws, and related documents to interested parties in order to fulfill the aforementioned functions and mandate, for purposes such as:

a. complying with court orders, subpoenas and/or other legal obligations;
b. complying with requests from law enforcement agencies in the conduct of their investigations;
c. complying with requests from regulatory and administrative agencies in the conduct of their investigations, due diligence and policy and research studies;
d. sharing of information with domestic and international organizations and other researchers for their research initiatives;
e. complying with requests from investing public, prospective business partners and clients in the conduct of due diligence of companies and their stockholders and officers including their personal and financial information to enable them to form an informed investment and business decision;
f. determining the compliance of companies and their stockholders with foreign ownership limitations in cases where the entities are engaged in fully or partially nationalized activities;
g. monitoring the effect of the securities issue on ownership, on the mix of ownership, especially foreign and local ownership;
h. monitoring the companies’ implementation of good corporate governance practice of having board diversity in terms of gender, age, ethnicity, culture, skills, competence and knowledge;
i. complying with the requests from claimants against companies and their stockholders and officers in the enforcement of their legal claims through the addresses provided in the GIS;
j. complying with the Bureau of Internal Revenue requirement to reflect the valid Taxpayer Information Number of the companies and their stockholders and officers, and discourage and prevent the use of fake and multiple TINs in corporate and business transactions.
k. complying with legal mandate to provide true, correct, timely and complete information such that the filing is under oath.
6. HOW WE KEEP YOUR PERSONAL INFORMATION SECURE

Personal and other information collected from registrants are stored in a secure data facilities. The SEC has adequate security safeguards to protect information from loss, unauthorized access, use or disclosure. Only authorized SEC personnel and service providers are granted access to personal information collected by SEC.

7. RIGHTS OF THE DATA SUBJECT

Under the Data Privacy Act of 2012, data subject refers to an individual whose personal information is collected and processed. SEC is duly bound to observe and respect your privacy rights, including your right to information, right to access, right to correct, right to remove, right to damages and right to data portability.

8. AUTHORIZATION

By submitting to SEC, the personal information of the incorporators, stockholders, members, directors, trustees, officers, resident agents, notary public and their representatives, you attest that the aforementioned persons authorize the SEC to: (1) collect, process and store their personal information and related documents, for the period allowed under the applicable law and regulations, and; (2) share with and make available the AOI, By-Laws, and related documents to interested parties in order to pursue lawful purposes and legitimate interests, and comply with legal mandate.

You also attest that the company and the aforementioned persons authorized you to file with SEC this application for registration, and all the information provided herein are true, accurate, timely and complete.

You further attest that they are aware of their rights under the Data Privacy Act, including the right to be informed, to access, to object, to erasure or blocking, to damages, to file a complaint, to rectify and to data portability, and understand that there are procedures, conditions and exceptions to be complied with in order to exercise or invoke such rights.

FEEDBACK ON THE PRIVACY NOTICE

For more information, suggestion and feedback on this Privacy Notice, you may send your email to our Data Protection Officer at dpo@sec.gov.ph