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Columbian Autocar Corporation “Kia Philippines” Data Privacy Policy

1. Introduction

Welcome! Your privacy is important to Columbian Autocar Corporation (“CAC”, “Kia Philippines” or “we,” “our” or “us”). Given the vital role of information and communications technology, it is our company’s policy to protect the fundamental human right of privacy of communication while ensuring free flow of information to promote innovation and growth. This Data Privacy Policy (“Privacy Policy”) relates to the collection and use of information from you (Data Subjects), in compliance with the Data Privacy Act of 2012 (RA 10173), its Implementing Rules and Regulations (IRR) and all other circulars or issuances related thereto. This policy applies to all personal information collected by CAC and /or its affiliates, business partners, including all its authorized Kia dealerships. This policy explains how and why CAC collects your personal information, how it is used, and what rights you have over our use of it.

2. Who We Are

Kia Philippines is a distributor of Kia Motors Corporation (KMC), which is based in Seoul, South Korea. We distribute Kia-branded motor vehicles, parts, and accessories in the Philippines. Our “dealers” are independent companies that sell KMC vehicles, parts, and accessories, and are authorized/ accredited to operate such businesses using the trade names, trademarks, and service marks owned by KMC. Our “business partners” are independent companies that we contract with to provide you with or offer you other services and products. In this Privacy Policy, we refer to dealers, licensees, and business partners collectively as “Partners.” This Privacy Policy governs only Kia Philippines’ privacy practices. It does not govern the privacy practices of our Partners, even though you may connect to their websites from our services and even if their websites or communications are co-branded with Kia trademarks. To learn about the privacy practices of our Partners, please review the privacy policies of each of those Partners. However, if a Partner shares information with us (including when you purchase a vehicle from a dealer and when your Kia vehicle is serviced by a dealer), this Privacy Policy will apply to our collection and use of such shared information.

3. Definition of Terms

“Act” or “DPA” refers to Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012;

“Company” refers to Columbian Autocar Corporation or CAC or Kia Philippines, the main distributor of Kia vehicles, parts and accessories in the Philippines;

“Data Subject” refers to you, an individual whose personal, sensitive personal or privileged information is processed by the Company. It is not limited to clients and customers but may also refer to officers, employees, and consultants of this organization.

“Data Sharing” is the disclosure or transfer to a third party of personal data under the control or custody of a PIC: Provided, that a PIP may be allowed to make such disclosure or transfer if it is upon the instructions of the PIC concerned;

“Encryption Method” refers to the technique that renders data or information unreadable, ensures that it is not altered in transit, and verifies the identity of its sender;

“IRR” refers to the Implementing Rules and Regulations of the DPA;

“Partner” refers to CAC’s business partners, affiliates, dealerships and other third-party organization where CAC has a direct relationship with.

“Personal Information” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by CAC, or when put together with other information would directly and certainly identify an individual;

“Personal Information Controller” or “PIC” refers to the personnel of the Company that controls the processing of personal data, or instructs another to process personal data on its behalf.

“Personal Information Processor” or “PIP” refers to authorized personnel of the Company to whom a PIC may outsource or instruct the processing of personal data pertaining to a data subject;

“Privileged Information” refers to all forms of data, which, under the Rules of Court and other pertinent laws, constitute privileged communication;

“Processing” refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

“Sensitive Information” refers to personal information:
1. about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
2. about an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
3. issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
4. specifically established by an executive order or an act of Congress to be kept classified.

4. Types of Information Collected

CAC collects a range of information in the ordinary course of its business activities, which include personal, sensitive and privilege information. In the ordinary course of business, we collect information such as your residence, contact information, marital status, etc., and all other information relevant to the purposes mentioned above.

5. Purpose of Collection

The Company collects information because it is necessary for its business of providing products and services to its various stakeholders such as customers, business partners, and the general public. Kia Philippines only collects personal information if it is necessary for one or more of its functions or services. For example, personal information is necessary in the event of a product recall involving a vehicle that was sold to you. Another purpose includes the use of information for any upcoming and ongoing marketing promotional activities.

6. How Kia Philippines Collects Information

Kia Philippines gathers information in two ways:
  (1) Indirectly via the use of technology, for instance, via the placement of ‘browser cookies’ or other analytical tools on computers and devices used by you; and
  (2) Directly, for instance where:
    • you contact us (for instance; to obtain support or make an inquiry in respect of our products/services)
    • you submit your personal information when participating in any of our service & marketing activities (e.g. test drives, service promo, launch)
    • you submit your personal information including email address, name, phone number, VIN for inclusion in our database
    • you browse any of Kia Philippines’ active websites or domains
    • you use any of our Kia Mobile Applications
At or before the time we collect information, we will take reasonable steps to inform you about such collection, and draw your attention to this Data Privacy Policy.

7. How Information is Used and Shared

You acknowledge and consent that by providing your information to us, our affiliates, business partners and our authorized dealerships that:
  (1) we may collect and use your personal information for the following purposes: to order, supply and/or deliver services to you, to communicate with you, to better understand your needs or to comply with our legal obligations;
  (2) for these purposes, your personal information may be shared between Kia Philippines and its affiliates, business partners and our authorized dealerships, and may be disclosed on a confidential basis to our third-party contractors, agents or to our suppliers;
  (3) you represent to us that where you provide personal information to us about another person, you are authorized to provide that information to us, and that you will inform that person who we are, how we use and disclose their information, and that they can gain access to that information;
  (4) we may include your personal information in a database compiled by us for use in direct marketing by us and surveys conducted by third-party commissioned by us.
  (5) we do not share Personal Information with unaffiliated third parties (i.e., third parties who are not our Partners or Affiliates) for their own use except where you consent to such sharing or the sharing is necessary to comply with your request for information or services. We may share information we have collected, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

8. Disclosure of Information

Your information will only be disclosed to parties outside our business in the circumstances set out in this policy or as otherwise notified to you at the time of collection of the information. Kia Philippines reserves the right to disclose your information where:
  (1) we reasonably suspect that there is a threat to your safety or the public's health or safety; or
  (2) we reasonably suspect that unlawful activity has been, is being or may be engaged in, and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
  (3) such use or disclosure is required under or authorized by law.

9. Third Party Sources
Our website or other materials may contain links to websites owned and operated by third parties. Those third parties may collect personal information about you. Once you navigate away from Kia Philippines’ webpage(s), this Data Privacy Policy no longer applies, and Kia Philippines disclaims any responsibility for the privacy practices of such third parties, or the content they provide. Further, Kia Philippines disclaims responsibility for information which is collected by a third party, not affiliated with Kia Philippines, and subsequently provided to Kia Philippines with or without your consent. You should always protect your privacy by reviewing the privacy policies of each third party with whom you interact.

10. Cookie Policy

About Cookies

Cookies are very small files placed on to your computer as you browse the internet. The files capture certain information, and send this information back to the server each time you submit a page request. Cookies help our websites to remember who you are, and can be used to track things such as the type of browser you are using and your browsing preferences and patterns.
Typically, when you visit a website, the owner of that website will place a cookie on your machine; this is known as a ‘first party cookie’.
Some websites allow other, unrelated parties to place a cookie on your machine, often for the purpose of advertising; this is referred to as a ‘third party cookies’.
Cookies can either be session based, or persistent in nature. Session cookies are automatically deleted from your computer when you close your browser. Persistent cookies remain stored on your computer until deleted, or until they reach a pre-determined expiry date.
Kia Philippines only uses cookies which are reasonably necessary to ensure functionality of its products and improved user experience.
Kia Philippines does not use cookies to collect any personal information about you.
You may refuse the placement of cookies on your machine by changing your browser settings. Please consult your web-browser provider for further information.

11. Security, Storage, Transfer & Disposal

By accessing our corporate website or installing Kia Applications, accessing or using Kia Philippines’ products and/or services, you agree and consent to the transfer of information and/or data into a foreign jurisdiction, including any jurisdiction outside the Philippines. Further, you agree and acknowledge that such transfer and storage may be based on third party infrastructure leased by Kia Philippines from time to time.

The security of all information held by Kia Philippines is treated with great importance. Security measures are in place to protect against the loss, misuse or alteration of personal information under our control from any accidental or unlawful destruction, alteration or disclosure caused by either human or natural danger. Information is held on secure servers in controlled facilities. Information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.

All information gathered shall not be retained for a period longer than ten (10) years. After ten (10) years, all hard and soft copies of personal information shall be disposed and destroyed, through secured means.

Despite our efforts, no data transmission over the internet can be guaranteed to be 100 percent secure. Consequently, Kia Philippines cannot ensure or warrant the security of any information transmitted to it or from its websites, nor its online products or services. Users transmit all information at their own risk. Upon receipt of your transmission we make every effort to ensure its security on our systems.

Ultimately, you are solely responsible for keeping your passwords and/or account information secret. You should be careful and responsible whenever you are online.

12. Rights to Personal Information

You may contact us if you would like access to your personal information, how your personal data were used, any disclosures of your personal data, and/or the reason for the disclosure of your personal data to the intended recipients. You may likewise contact us to correct personal information that is inaccurate, incomplete, misleading or not up-to-date. Finally, should you wish to withdraw your consent to the collection, storage, and use of your personal information, please let us know and we will address your concern. Kia Philippines, within a reasonable time from receipt of request, exert reasonable efforts to resolve and/or address the requests for access and information changes.

Under and in accordance with the terms of the DPA, you have the right:
  • To be informed whether your Personal Data is being or has been processed. This includes processing through automated decision-making and profiling.
  • To require Kia Philippines to correct any Personal Data relating to you which is inaccurate.
  • To object to the processing of the Personal Data in case of changes or amendments to the Personal Data supplied or declared to you.
  • To access your Personal Data, which includes contents of your Personal Information that were processed, sources from which personal information were obtained, names and addresses of recipients of the Personal Information, manner by which such data were processed, reasons for the disclosure of the Personal Information to recipients, information on automated processes where the data will or likely to be made as the sole basis for any decision significantly affecting or will affect the data subject, date when his or her personal information concerning the data subject were last accessed and modified; and the designation, or name or identity and address of the personal information controller.
  • Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.
  • The data subject shall have the right, where personal information is processed by electronic means and in a structured and commonly used format, to obtain from the PIC a copy of data undergoing processing in an electronic or structured format, which is commonly used and allows for further use by the Data Subject.
  • To suspend, withdraw or order the blocking, removal or destruction of your Personal Data from Kia Philippines’ system. It is understood and acknowledged by you that where in the exercise of your right set out in this provision, Kia Philippines reserves its right to terminate its services;
  • Requests in relation to the above or for information regarding this Data Privacy Policy are to be addressed as follows:

Attention to: The Data Privacy Protection Committee
c/o the Columbian Autocar Corporation (Kia Philippines) Data Privacy Officer

Address: Columbian Autocar Corporation (Kia Philippines)
6F Pacific Star Bldg. Sen. Gil Puyat Ave. cor. Makati Ave., Makati City

b. Nothing in this Data Privacy Policy shall limit the entirety of your rights protected under the DPA and its IRR, which can be found in the link provided: https://privacy.gov.ph/data-privacy-act-primer/

13. Changes to Data Privacy Policy

If Kia Philippines decides to change its Data Privacy Policy, it will post changes on this Data Privacy Policy page so that users are always aware of what information is collected, how it is used and the way in which information may be disclosed. As a result, please remember to refer back to this Data Privacy Policy regularly to review any amendments.

14. Acceptance
You acknowledge and agree that your use of Kia Philippines’ websites/ mobile applications, services or products constitutes your acceptance of this Data Privacy Policy.