PRIVACY STATEMENT FOR EMPLOYEES
LRMC is committed to maintaining the accuracy, confidentiality, and security of your personal information. In this Privacy Statement, we explain how we ensure that your data privacy rights are respected and protected.
1. APPLICATION
LRMC has adopted a Privacy Policy with a series of Privacy Statements to address the privacy concerns of certain groups of individuals and some issues on the use of our website. These are all available in our website https://lrmc.com.ph/privacy.
This Privacy Statement in particular applies to all individuals who seek to be, are, or were, employed by LRMC (collectively, “employees”).
2. POLICY OF COMPLIANCE
It is our policy to comply with Republic Act No. 10173 or the Data Privacy Act of 2012 and its Implementing Rules and Regulations (“DPA”).
3. WHAT IS PERSONAL DATA?
Personal Data includes any information which identifies or can identify an individual. Personal Data does not include anonymous or non-personal information which cannot be associated with or traced back to a specific individual.
4. WHAT PERSONAL DATA DO WE COLLECT?
We collect and maintain different types of personal information of our employees, including the personal information (such as names, contact numbers, e-mails, residence address, among others) contained in:
- resumes, applications, and pre-employment checklists;
- references and interview notes;
- photographs, video, and surveillance cameras (CCTV);
- employee ID cards;
- background checks and authorizations;
- letters of offer and acceptance of employment;
- mandatory policy acknowledgement sign-off sheets;
- information needed for payroll, benefits and expenses purposes;
- forms for the request of tools and resources;
- training and evaluation forms (including those for salary deduction authorizations);
- wage and benefit information;
- records of holiday, sickness, and other absence;
- records related to your career history (such as training records, appraisals, and other performance measures);
- disciplinary and grievance records;
- meeting attendance sign-off sheets;
- waivers for attendance in LRMC events;
- exit interview forms;
- correspondence with or about you (for example, letters to you about a pay rise or, at your request, a letter to your bank confirming your salary);
- forms relating to the application for, or in respect of changes to, employee health, welfare and other benefits, including insurance, retirement benefits, car benefits, short and long term disability, medical and dental care, and availment of rail dependency passes; and
- beneficiary and emergency contact information.
Necessarily, you will be referred to in many of LRMC’s documents and records that are produced by you and your colleagues in the course of carrying out your duties and the business of LRMC.
We may keep information relating to your health, which could include reasons for your absence and clinical reports and notes. This information will be used to comply with our health and safety and occupational health obligations. These obligations include considering how your health affects your ability to do your job and making appropriate adjustments to your job, if necessary. We will also need this personal information to administer and manage statutory and company sick pay, health insurance, or life insurance policies.
We will always obtain your express consent when we process special categories of personal information relating to your racial or ethnic origin, political opinions, religious and philosophical beliefs, union membership, or sexual orientation. Your express consent may not be obtained when not required by law or the information is required for your protection in cases of emergency.
As a general rule, LRMC collects personal information directly from you. Some personal information, however, may come from other sources within LRMC, such as your manager; or in some cases, from sources outside LRMC, such as referees. In most cases where the personal information that we collect about you is held by a third party, we will obtain your consent before we seek out this information from such sources. Such consent may be given directly by you, or implied from your actions.
From time to time, we may use the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services. Where this is the case, we will take reasonable steps to ensure that such third parties have represented to us that they have the right to disclose your personal information to us.
When permitted or required by applicable law or regulatory requirements, we may collect information about you without your knowledge or consent.
5. WHY DO WE COLLECT PERSONAL DATA?
As your employer, we need to keep and process your personal information for employment purposes. Personal information we hold and process will be used for management and administrative uses only. We will keep and use it to enable us to run our business and to lawfully and appropriately establish, manage, or terminate your employment relationship, during your recruitment, while you are working for us, at the time when your employment ends and after you have left. These uses include:
- • determining eligibility for initial employment, including the verification of references and qualifications, and investigation of all data given in the employment application form and the employment contract itself;
- administering pay and benefits (including employee requests for salary deductions);
- processing employee work-related claims (g., worker compensation, insurance claims, and the like)
- establishing training and/or development requirements;
- conducting performance reviews and determining performance requirements;
- assessing qualifications for a particular job or task;
- gathering evidence for disciplinary action or termination;
- establishing a contact point in the event of an emergency (such as next of kin);
- complying with applicable labor or employment laws;
- ensuring health and safety in the workplace;
- compiling directories;
- ensuring the security of company-held information; and
- such other purposes as are reasonably required by LRMC.
As a company operating a public utility, we may sometimes need to process your personal information to pursue our legitimate interests, like prevention or detection of crimes.
6. MONITORING
Your work output, as LRMC employee, whether in print, computer file, or any other storage format, belongs to LRMC, and such work output and the tools used to generate such work output, are subject to review and monitoring by LRMC at all times.
In the course of conducting our business, we may monitor your activities including our premises and properties. To illustrate, some of our locations — in and around the Depot, passenger stations, treasury rooms, and ticket booths — are equipped with surveillance cameras. These cameras are generally located in high risk areas. When in use, surveillance cameras are installed for the protection of employees, customers, and third parties, and against theft, vandalism of, and damage to LRMC’s goods and property.
Generally, recorded images are routinely destroyed and not shared with third parties unless there is suspicion of a crime, in which case they may be turned over to the police or other appropriate government agency or authority. Recorded images may also be used by LRMC in gathering evidence for disciplinary action, or termination, of any employee. Please read our Privacy Statement of CCTVs for more information.
Pursuant to our policies on acceptable computer and mobile phone use available on the intranet, we have the capability to monitor all your computer and e-mail use. Please read LRMC’s internet, e-mail and computer usage policies for more information.
We also keep records of your hours of work by way of our clocking on and off system.
This section, however, is not meant to suggest that all your actions will be subject to constant surveillance. This merely seeks to bring to your attention that such monitoring may occur and may result in the collection of your personal information (e.g., through the use of LRMC resources). When using LRMC equipment or resources, you do not have any expectation of privacy with respect to the use of such equipment or resources.
7. HOW DO WE USE YOUR PERSONAL DATA?
We may use your personal information
- for the purposes described in this Privacy Statement; or
- for any additional purposes which we will tell you about and only do so if we get your consent, when your consent is required by law.
We may use your personal information without your knowledge or consent only when we are permitted or required by law or regulations to do so.
If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with details of such purpose and any other relevant information.
8. WHEN DO WE DISCLOSE YOUR PERSONAL DATA?
We will disclose your personal information to third parties only if we are legally obliged to do so or in compliance with our duties to you. For instance, we may need to pass on some of your personal information to our external payroll provider, pension or health insurance schemes.
Further, your personal information may be disclosed:
- when necessary to protect LRMC’s rights and property;
- when necessary to protect your safety or other person’s safety during emergency situations;
- when the personal information is publicly available; or
- with your consent, when such consent is required by law.
9. NOTIFICATION AND CONSENT
Privacy laws do not generally require us to obtain your consent before collecting, using, or disclosing your personal information for the purpose of establishing, managing or terminating your employment relationship. In addition, we may collect, use or disclose your personal information without your knowledge or consent, when we are permitted or required by law or regulations to do so.
Unless you advise us otherwise and to the extent that your consent is required, we will obtain your consent for the collection, use, and disclosure of your personal information for the purposes stated above and any other purposes stated or reasonably implied at the time such personal information was collected from you.
Where your consent was required for our collection, use, or disclosure of your personal information, you may at any time withdraw your consent, subject to legal or contractual restrictions and reasonable notice. All communications as to withdrawal or variation of consent should be in writing and addressed to our Privacy Officer.
10. HOW IS YOUR PERSONAL DATA PROTECTED?
We endeavor to maintain physical, technical, and procedural safeguards that are appropriate to the sensitivity of your personal information. These safeguards are designed to protect your personal information from loss and unauthorized access, copying, use, modification or disclosure.
11. HOW LONG IS YOUR PERSONAL DATA RETAINED?
Except as otherwise permitted or required by law or regulations, we endeavor to retain your personal information only for as long as we believe is necessary to fulfill the purposes for which your personal information was collected (e.g., meeting any legal, accounting or other reporting requirements or obligations). Instead of destroying or erasing your personal information, we may make it anonymous such that it cannot be associated with or traced back to you.
Our Human Resources Department normally retains employee records for five years from the termination of your employment with LRMC; while information pertaining to your health are retained for ten years after employment. Our Finance Department also keeps records for ten years. Surveillance camera footages are kept for 90 days, after which it is erased, unless there is an ongoing investigation needing the footage.
12. UPDATING YOUR PERSONAL DATA
It is important that your personal information found in our records is both accurate and up-to-date. If any of your personal information happens to change during the course of your employment with us, please keep us informed of such changes.
In some circumstances we may not agree with your request to change your personal information and will instead append an alternative text to the record in question.
13. ACCESS TO AND RECTIFICATION OF YOUR PERSONAL DATA
You have the right to see and access your personal information in our possession. You also have the right to request from us the rectification or deletion of your personal data, the right to restrict processing, the right to object to processing, as well as, in certain circumstances, the right to data portability (or to transfer your personal information from one controller to another).
If you wish to review, verify, delete, or correct your personal information, please contact the office of our Privacy Officer using the contact information set out below. Any such communication to our Privacy Officer must be in writing.
When requesting access to your personal information, you may be required to provide some information to enable us to verify your identity and to search for and provide you with your personal information. To access your personal information, we may charge you with a reasonable fee which you will be informed of in advance. If you require assistance in preparing your request, you may contact the office of our Privacy Officer.
Your rights with respect to your personal information are not absolute. There are instances when laws or regulations allow or require us to withhold from you some or all of your personal information. In addition, the personal information may also be destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons, subject to any legal or regulatory restrictions.
14. INQUIRIES OR CONCERNS?
If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact the office of our Privacy Officer by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address your issues and concerns. If you are unsatisfied with our response, you may make a written submission to the National Privacy Commission.
15. PRIVACY OFFICER
We have appointed a Privacy Officer to oversee compliance of our Privacy Policy.
You may contact our Privacy Officer through any of the following:
| Postal address: | Mezzanine, Engineering Building, LRTA Compound, Aurora Boulevard, Pasay City |
| Telephone number: | (02) 5318-5762 loc. 5726 |
| Email address: | dataprivacy@lrmc.com.ph |
16. REVISIONS TO THIS PRIVACY POLICY
We may, from time to time, make changes to our Privacy Policy to reflect changes in our legal obligations or in the manner by which we deal with your personal information. We will communicate any change made to our Privacy Policy.
Any change to our Privacy Policy will be effective from the time they are communicated. However, in cases where your consent is required, any change as to the collection, use or disclosure of your personal information will not apply to you, until we have obtained your consent to such change.
This Privacy Statement was last reviewed on December 3, 2018.
17. INTERPRETATION OF THIS PRIVACY POLICY
Interpretation of this Privacy Policy will be made by our Privacy Officer.
This Privacy Policy includes examples, but is not intended to be restricted in its application to such examples. Therefore, where the word “including” is used, it shall mean including without limitation.
This Privacy Policy does not create or confer upon any individual any right, or impose upon LRMC any right or obligation outside of, or in addition to, rights or obligations imposed by the DPA. Should there be, in a specific case, any inconsistency between this Privacy Policy and the DPA, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, the DPA.