PRIVACY POLICY
PROCESSING OF PERSONAL information

Weigand and Partners (“W&P Law”) collects, stores, uses and processes personal information about its clients and the

persons directly related to it (e.g. employees and/or representatives) in accordance with laws applicable to protection of personal information for, amongst others, the purposes of performing the Agreement, administering billing and accounting systems, maintaining its internal information systems, managing client relationships, complying with its legal obligations and for marketing purposes. W&P Law also processes personal information about you when you visit our website, subscribe to our newsletter or attend our events.

 

The conditions of our processing of your personal information and your personal rights in this connection are further described
below in accordance with the rules of Republic Act No. 10173, otherwise known as the Data
Privacy Act of 2012 (“DPA”).

CONTACT INFORMATION

As part of the rules regarding business operations of a law firm and as legal counsel, W&P Law is in many cases personal information controller of the processing of your personal information. This applies both in connection with advice, your visit to our website, when you

subscribe to our newsletter, attend our events, etc.

 

If you have any questions about W&P Law’s processing of your personal information or you wish to exercise your rights, you are always welcome to contact us:

 

Weigand and Partners

Penthouse B, GMA Lou Bel Plaza,

7514 Bagtikan St. cor. Chino Roces Ave.

San Antonio, Makati City

Attention: Esther M. Weigand

Landline: (+632) 8 359 7093

Email: dataprotection@wplaw.com.ph

CATEGORIES OF PERSONAL information, PURPOSE AND GOVERNING LAW

As part of the administration of our client and case management, we are processing personal information about you. In all relationships with clients, we are processing information with a view to establishing a relationship with the client, client management and performance of the business operations of a law firm. Below is specified the personal information processed in this connection.

 

Client management

 

In order to administer, manage and cultivate the relationship with our clients, we process personal information about you as a client or a potential client. As part of our client management, the following types of information are processed. The information is processed without regard to the field in which you are receiving advice from W&P Law.

 

• Personal information. These include identification information and contact information about clients, owners of the client and/or contact
  persons, as well as representatives of the client. Furthermore, we process information about our relationship with the client, including
  correspondence, and information about accounts receivable and outstanding amounts. In certain cases, we collect credit information about clients.

 

• Sensitive information. Personal information issued by government agencies such as but not limited to government-issued identification numbers, licenses or its denials, suspension  or revocation and tax returns.

 

• The legal basis for the processing is Section 12(b) of the DPA, according to which personal information can be processed if necessary and
  is related to the fulfillment of a contract, in this case, the task or the potential task. Further, personal information can be processed if necessary for the purposes of W&P Law’s legitimate interests, including the establishment and cultivation of a relationship with a client, as per Section 12(f) of the DPA; just as there might be situations where we store your personal information even if we do not enter into a
  consultancy agreement.

 

Money laundering and Terrorism Financing

 

In cases where W&P Law provides assistance in advising on or performing transactions or assisting in opening a clients’ account on behalf of a client, there is a number of legal requirements that W&P Law must meet. In order to meet these requirements for the prevention of money
laundering and financing of terrorism, we process personal information about you.

 

• Personal information. Including processing of information, such as name, contact information, the information is compared with a reliable and independent source, owner and control structure, beneficial owners, the day-to-day management,

 

• Sensitive information. Any proceeding for any offense committed or alleged to have been committed, the disposal of such proceedings, the sentence of any court in such proceedings, and personal information issued by government agencies such as but not limited to government-issued identification numbers, licenses or its denials, suspension  or revocation and tax returns.

 

• The legal basis for the processing is Section 12(c) of the DPA, according to which personal information can be processed when necessary for compliance with a legal obligation. In exceptional cases, sensitive personal information and privileged information can be processed, and such processing will be based on the exceptions in Section 13 of the DPA.

 

Case management

 

In connection with case management, W&P Law processes various categories of data.

 

• Personal information. Including processing of information, such as name, contact information, bank and payment information, financial matters, property records, contractual relationships, tax matters, staff matters, owner and control structure, beneficial owners, the day-to-day
  management, and other relevant information available.

 

• Sensitive information. Health, education, any proceeding for any offense committed or alleged to have been committed, the disposal of
  such proceedings, the sentence of any court in such proceedings, and personal information issued by government agencies such as but not limited to government-issued identification numbers, licenses or its denials, suspension  or revocation and tax returns.

 

• The legal basis for the processing is Section 12(b) of the DPA, according to which personal information can be processed if necessary and is related to the fulfillment of a contract, in this case, the task or the potential task, Section 12(f) of the DPA, according to which personal information can be processed if necessary for the purposes of W&P Law’s and the client’s legitimate interests, Section 12(c) of the DPA, according to which personal information can be processed when necessary for compliance with a legal obligation. In exceptional cases, sensitive personal information and privileged information can be processed, and such processing will be based on the exceptions in Section 13 of the DPA.

 

Marketing

 

W&P Law processes personal information in connection with marketing activities, including the provision of courses, events, etc., as well as sending out newsletters. Processing is necessary in order to provide services to interested parties.

 

• In this context, personal information are processed, including name, contact information and possible interests or preference for topics, as well as language.

 

• The legal basis for processing of personal information in connection with courses, events, sending out newsletters, etc. is W&P Law’s legitimate interests in marketing its business, as per Section 12(f) of the DPA.

 

• W&P Law sends out newsletters and other marketing material only if we have obtained your explicit consent. You can always withdraw your consent by contacting W&P Law via the above contact information or follow the instructions on our website or at the bottom of our newsletters.

 

Business operations of a law firm

 

In connection with W&P Law’s business operations as a law firm, we process personal information concerning our suppliers and business partners.

 

• In this connection, personal information are processed, including name, place of work and contact information, as well as information about the relationship and correspondence.

 

• The legal basis is W&P Law’s legitimate interests in managing and practicing law as per Section 12(f) of the DPA. In some cases, the legal basis is Section 12(b) of the DPA, according to which processing is necessary for the performance of a contract to which the data subject is a party.

 

 

Administration of companies

 

Basically, W&P Law is personal information processor in connection with the administration of companies, etc. on behalf of clients, but in some cases W&P Law may be a personal information controller of the data processed. In cases where W&P Law is a personal information controller, we process personal information in connection with the administration of companies, and associated board assignments, e.g. processing information about other board members and stockholders.

 

• personal information are processed in connection with the administration, including identification and contact information, information concerning financial matters, etc.

 

• Sensitive information in the form of data concerning government-issued identification numbers and tax returns and, in some cases, any proceeding for any offense committed or alleged to have been committed, the disposal of such proceedings, the sentence of any court in such proceedings, and health can be processed where necessary for the administration.

 

• In cases where W&P Law is a personal information controller, the legal basis for processing of information is W&P Law’s legitimate interests in practicing law, as well as the legitimate interests of the companies in outsourcing the administration as per Section 12(f) of the DPA.

 

• The legal basis for any processing of sensitive information is Section 13 of the DPA. You can always withdraw your consent by contacting W&P
  Law via the above contact information.

 

W&P Law’s website

 

When you visit W&P Law’s website, we collect and process information about you in connection with our use of cookies for marketing and statistical purposes, e.g. to optimize our website and target ads.

 

You can find an outline of the types of cookies used by W&P Law and how to delete them, etc. in our Cookie Policy[W&P Law1] .

 

• personal information are processed in the form of your IP address in connection with W&P Law’s use of cookies. In addition, we process the following information about you in an aggregate form (i.e. non-personally identifiable): demography, including gender and age, interests, geography and information about your browser, device and service provider.
• The legal basis is W&P Law’s legitimate interests in generating statistics and, by this processs, analysing the use of our website, e.g. to optimize it, as per Section 12(f) of the DPA.

 

Social media

W&P Law is active on several social media platforms, including LinkedIn and Facebook. When you interact with W&P Law on these social media platforms, you are making information available to W&P Law and the social media platforms, e.g. when you respond to our postings, comment on or share them, just like we process information that you ‘like’ W&P Law or follow us on the social media. In addition, information is processed about you in the form of, for example, identification information, contact information, your profile photo, etc. Furthermore, W&P Law will in some cases share, for example, a piece of news in which your identification information (name) is included. In these cases, we always request your prior consent. You can always withdraw your consent by contacting W&P Law via the above contact information. The purpose of the processing is branding and marketing of W&P Law.

 

• The legal basis for the processing is W&P Law’s legitimate interests in marketing us as a law firm on the social media and knowledge sharing in the form of sharing of articles, etc., as per Section 12(f) of the DPA.

 

• When using Facebook, Facebook makes use of information collected from W&P Law’s Facebook page, and W&P Law and Facebook can be considered as being joint personal information controllers of the processing of data. You can read more about joint data control with Facebook here[W&P Law2] .

 

• Information on the social media is deleted when W&P Law deletes a posting or when you delete your comment, share, reaction or indication that you ‘like’ or follow W&P Law.

 

SOURCES OF PERSONAL INFORMATION

In connection with client management, case management and legal advice, W&P Law primarily obtains information from the client but may also obtain information from publicly available sources, governmental authorities and opponents.

 

Information for the prevention of money laundering and financing of terrorism is generally obtained from the client but may also be obtained from your employer (our client) and governmental authorities.

 

We obtain information in connection with marketing from you as a data subject, and in connection with various events and courses, the information may be collected from the company where you are employed.

 

Please note that when you visit our website, you automatically submit information about your activities, usage, etc. on our website to W&P Law and third parties. Read more in our Cookie Policy.[W&P Law3] 

 

In connection with the business operations of a law firm, information is likewise obtained from the data subject (supplier, business partner, etc.), or from the company where the person is employed.

DISCLOSURE AND TRANSFER OF PERSONAL INFORMATION

Your personal information are disclosed only in connection with case management and legal advice, and only when W&P Law is
legally obliged to do so, or when you have given your consent.

 

You can always withdraw your consent by contacting W&P Law via the above contact information.

 

Data may be disclosed to the following parties:

 

• The parties to the case
• Governmental authorities, including the courts, the Securities and Exchange Commission, the Bureau of Internal Revenue, the Local Government Units, etc.
• banks
• In connection with auditing

 

In addition, W&P Law discloses your personal information to personal information processors, who are assisting W&P Law in our business operations.

 

In principle, W&P Law does not transfer your information to countries outside the Philippines. However, transfer may take place if you have given your consent. You can always withdraw your consent by contacting W&P Law via the above contact information.

 

In certain cases, W&P Law also uses personal information processors located outside the Philippines. Below is indicated in what situation transfer takes place, the personal information processors in question, and the basis of transfer.

 

In what situation	Personal information processor	Country	Basis of transfer
Publishing newsletters	MailChimp	USA	Section 21 of DPA
Cookies	Google LLC	USA	Section 21 of DPA

 

At your request, W&P Law can inform you where you can obtain a copy of the basis of transfer in question.

 

CONFIDENTIALITY

All W&P Law’s employees are subject to strict confidentiality, including the processing of personal information. Furthermore, all W&P Law’s lawyers are subject to the duty of confidentiality for lawyers pursuant.

 

ERASURE

W&P Law processes your information for as long as it is necessary to fulfil the purpose of the processing.

 

Client management, case management and money laundering

In connection with client management, case management and legal advice, W&P Law generally stores your information for five (5) years from the end of the year in which the case was closed, unless otherwise required according to legislation or in case of original documents, etc.

 

If no case has been created and we have registered information about you only in connection with creating a possible relationship, we will store your information for up to six (6) months after ending the correspondence.

 

Information for money laundering control purposes, etc. is stored for five (5) years after the case is closed pursuant to the money laundering legislation.

 

Business operations of a law firm

 

Information about you as a supplier or cooperating partner is stored for up to five (5) years after the end of the year during which the delivery took place or the cooperation was terminated.

 

Marketing and website

 

W&P Law stores your information for up to two (2) years after you have participated in an event or unsubscribed to our newsletter.

 

For deletion of cookies, please see our Cookie Policy[W&P Law4] .

 

RIGHTS

As a data subject, you have certain rights according to the DPA when your personal information are being processed. Below is a specification of your rights when W&P Law processes personal information about you.

 

If you want to exercise one or more of your rights as a data subject, you must contact W&P Law in writing via the e-mail address indicated above. Please state your full name and your e-mail address. You may be requested to provide further identification.

 

In general, you can exercise your rights at any time. However, exercising your rights must not affect the rights and freedoms of others and in such an event, W&P Law may therefore refuse to comply with your rights wholly or in part.

 

Right of access

 

As a data subject, you have the right to obtain access to your personal information being processed by W&P Law. By contacting W&P Law, you can obtain information about the categories of personal information that we as personal information controller are processing about you, the purpose of the processing, the recipients to whom the personal information have been disclosed, etc.

 

If you request further copies of the personal information undergoing processing, W&P Law may charge a fee. If the inquiry is manifestly unfounded or excessive, we may either charge a fee for providing the information or reject your request.

Right to rectification

 

You have the right to obtain rectification of your personal information if these are inaccurate or misleading. If W&P Law does not agree that the data are inaccurate, however, we are not obliged to correct them, but to add that you as a data subject do not think that the data are correct.

 

Right to erasure

 

In certain cases, you have the right to obtain erasure of your personal information if W&P Law no longer has a purpose in processing your personal information or you object to the processing of your personal information for the purposes of direct marketing. If W&P Law can demonstrate overriding legitimate grounds for the processing that override your interests, rights and freedoms, or the processing is necessary for a legal claim to be established, exercised or defended, however, W&P Law is not obliged to erase your personal information.

 

Right to restriction of processing

 

In certain cases, you have the right to obtain restriction of processing of your personal information, e.g. if you contest the accuracy of the personal information collected about you or if you have objected to the processing of your personal information based on legitimate interests pursuant to Section 12(f) of the DPA. In such an event, W&P Law will only store your personal information until your objection has been considered. If W&P Law lifts the restriction of our processing of your personal information, you will be notified in advance.

 

Right to object

 

On grounds relating to your particular situation, you have the right to object to W&P Law’s processing of your personal information, if the processing is based on legitimate interests as per Section 12(f) of the DPA. If you object to W&P Law’s processing of your personal information, we are no longer entitled to process your personal information, unless we can demonstrate overriding legitimate grounds for the continued processing that override your interests, rights or freedoms, or the processing is necessary for a legal claim to be established, exercised or defended.

 

You always have the right to object to the processing of your personal information if the processing takes place for the purposes of direct marketing.

 

Right to data portability

 

In certain cases, you have the right to receive your personal information in a structured, commonly used and machine-readable format and to
have those data transmitted from one personal information controller to another personal information controller.

 

Right not to be subject to a decision based solely on automated processing, including profiling

 

Your personal information are not subject to decisions based solely on automated processing, including profiling.

 

Right to withdraw your consent

 

To the extent that we process your personal information based on your consent, you can always withdraw your consent to any future processing. You can withdraw your consent by sending an e-mail to dataprotection@wplaw.com.ph

LODGE A COMPLAINT WITH THE NATIONAL PRIVACY COMMISSION

As a data subject, you can lodge a complaint with W&P
Law as personal information controller if you are not satisfied with the way
that we process your personal information. You can find our contact information
above.

 

You can always lodge a complaint with the Philippine
National Privacy Commission on their website https://privacy.gov.ph, by landline:
+632 8 234 2228, or by e-mail complaints@privacy.gov.ph.

 

CHANGES TO OUR PRIVACY POLICY

W&P Law’s Privacy Policy will be updated on an ongoing basis so that it is always up-to-date.

 

Below you can always find the date of the last updated version of the Privacy Policy.

 

Version 1.1 August 2023.