General

1. The Happy Child Foundation, Inc. (HCFI) is a non-profit organization focused on uplifting the overall condition of abandoned, neglected, abused and orphaned children aged zero to six years old by providing residential and caring programs and services. Its registered business address is at 3/F Strata 200 Bldg., Emerald Avenue, Pasig City, Philippines
2. Through its residential facility, HCFI promotes a holistic care for its children with a nurturing environment essential in securing its children’s welfare and future. The Residential Facility, My Happy Home, is located along Col. J.P. Guido Ave., Angono, Rizal.
3. HCFI may amend or modify this Privacy Policy from time to time as determined by Management.

Legal Framework

1. This Privacy Policy is subject to the following relevant privacy legislation (collectively the “Privacy Legislation”):
   1. The Philippine Data Privacy Act of 2012;
   2. Its Implementing Rules and Regulations; and
   3. All other applicable legislation regarding the protection of privacy and the processing of Personal Data.
2. “Personal Data” refers to 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 HCFI, or when put together with other information, would directly and certainly identify an individual. The following information forms part of Personal Data which may be processed by HCFI:
   1. complete name,
   2. address,
   3. email address,
   4. phone number,
   5. gender,
   6. civil status,
   7. profession,
   8. position, and
   9. employer’s name or business name.
3. “Processing” of Personal Data refers to any operation or any set of operations performed upon Personal Data including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, disposal, or destruction thereof. Processing may be performed by HCFI either manually or through automated means.

Purpose

1. HCFI will process your Personal Data in accordance with the Privacy Legislation and this Privacy Policy for the fulfilment of the following purposes (collectively the “Purpose”):
   1. achieve the objectives and exercise its activities as described in Article 1 of this Privacy Policy;
   2. provide data analysis and supplemental information such as progress updates, publications, emails, marketing materials, invitations to events and workshops and other information that may be useful to its funders and partners;
   3. conduct research, benchmarking analysis and impact evaluation measurements, knowledge sharing and monitoring and evaluation purposes;
   4. report to its stakeholders;
   5. better understand its resident-children’s strengths, challenges and requirements in order to adjust its products and services and related materials/deliverables; and
   6. comply with legal and other regulatory requirements.
2. When visiting our website, HCFI will process your Personal Data in accordance with the Privacy Legislation and this Privacy Policy for the fulfilment of the following Purposes:
   1. To provide and maintain our website, including to monitor the usage of our site;
   2. To manage your account, including managing your registration as a user of the website. The Personal Data you provide can give you access to different information, reports and functionalities of the website that are available to you as a registered user or as a donor or sponsor of the Foundation;
   3. To fulfil and confirm any donations placed through the website and screen payments for potential risk or fraud;
   4. For the performance, compliance and undertaking of a partnership or donor contract, for the rights and privileges you are entitled to as a party to that contract;
   5. To contact you, with your consent, by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation;
   6. To provide you with news, special offers and general information about other products, services and events which we offer that are similar to those that you are already entitled to or enquired about unless You have opted not to receive such information;
   7. To attend to and manage your requests and feedback;
   8. We may use your information for other purposes such as data analysis, identifying usage trends, determining effectiveness of our promotional campaigns and to evaluate and improve our website, products, services, marketing and your user experience.

Legal Basis and Applicability

1. HCFI shall obtain your written consent prior to the processing of your Personal Data, except where such consent is not required in accordance with the Privacy Legislation.
2. By signing the consent forms, providing your Personal Data to HCFI or entering into a contract with HCFI, you are expressly giving your consent for HCFI to process your Personal Data in accordance with the terms of this Privacy Policy.

Collection of Personal Data

1. HCFI may collect your Personal Data, and other information related to you through the following channels:
   1. Our Website;
   2. Our Customer Service Emails and Hotline;
   3. Registration Forms;
   4. Advertising Interactions;
   5. Contract signing; and
   6. Voluntary submission of any other documents.
2. We also receive Personal Data and other information about you from the following third-party sources:
   1. Your web browser;
   2. Third-party social networks; and
   3. Cookies.

Personal Data

1. By agreeing to this Privacy Policy, you guarantee that the Personal Data provided or will be provided are complete and correct.
2. In case you submit Personal Data of third parties to HCFI, you guarantee that (i) these Personal Data are lawfully obtained and (ii) you authorized to disclose these Personal Data to HCFI. You agree to indemnify HCFI against, hold HCFI harmless against and shall compensate HCFI for all claims that would result from non-compliance with the abovementioned guarantees and Privacy Legislation.

Disclosure of Personal Data to Third Parties

1. HCFI will not disclose your Personal Data to third parties, unless:
   1. There is a legal obligation to transfer and to do so based on law or a valid court order;
   2. To its authorized partners, for the achievement of the Purpose;
   3. To protect HCFI’s legitimate interests; or
   4. You have given your consent for HFCI to disclose your Personal Data.
2. Third parties to whom HCFI may, or is obligated to, transfer Personal Data, on the basis of the above categories, may be located within or outside the Philippines. HCFI shall not be held responsible regarding the transfer of Personal Data and shall not be liable for the further processing of the Personal Data by third parties.

Storage Period and Disposal

1. HCFI stores your Personal Data for as long as is necessary to achieve the Purpose.
2. Disposal of Personal Data will be done through any or a combination of the following:
   1. Return the copies of the Personal Data you provided; or
   2. Shredding or anonymization of documents containing your Personal Data;
   3. Deletion from HCFI’s servers of the electronic data which contain your Personal Data; and/or
   4. Such other means which HCFI may deem convenient and proper, subject to the requirements of the Privacy Legislation.

Rights of Data Subjects

1. The Privacy Legislation provides you with a number of rights in relation to your Personal Data. You have the right, free of charge:
   1. to have access to and receive a copy of your Personal Data;
   2. to have your Personal Data corrected or updated;
   3. to have your Personal Data erased in case:
      1. it is no longer necessary to achieve the Purpose;
      2. you withdraw consent and there is no other legal ground for the processing of the Personal Data;
      3. you object to the processing of the Personal Data and there is no other legal ground for the processing of the Personal Data; or
      4. there is a legal obligation to erase your Personal Data.
   4. to have the processing of your Personal Data restricted
   5. to have your Personal Data transferred to a third party
   6. to object against the processing of your Personal Data, in particular the processing in light of direct marketing purposes;
   7. to withdraw your consent pursuant to which HCFI is allowed to process Personal Data
   8. to lodge a complaint with the National Privacy Commission if you are of the opinion that the processing of Personal Data breaches the Privacy Legislation
2. In case you request for deletion, we may retain some of your Personal Data to satisfy our legitimate interests, legal and contractual obligations, but only to the extent permitted by the Privacy Legislation.

Security

1. HCFI commits to take all reasonable measures to its best ability to safeguard the protection of your Personal Data through technical safety measures and an appropriate safety policy, including the following:
   1. Maintaining adequate physical controls and password protection for any server or system in which Personal Data are stored or through which Personal Data are transferred;
   2. Ensuring Personal Data are electronically transmitted only with encryption;
   3. Ensuring that Personal Data are only used, accessed or disclosed, to the extent necessary, to their respective employees, representatives or agents who have a need-to-know the Personal Data; and
   4. Other measures reasonably necessary to prevent any use or disclosure of Personal Data other than as allowed under Section 3 of this Privacy Policy.
2. Data storage is done through external hard drives that are encrypted and password protected. The external hard drives are kept in a locked location within the office of HCFI. Data is also kept in secure cloud storage with assigned users – encrypted and password protected.
3. In the event of a Security Incident (event or occurrence that affects or tends to affect data protection, or may compromise the availability, integrity and confidentiality of Personal Data), HCFI shall:
   1. promptly notify you in writing, within 24 hours of occurrence, whenever HCFI knows or reasonably suspects a Security Incident has occurred.
   2. investigate the Security Incident, and document through written reports all necessary steps being taken to eliminate or contain the exposure, remediation efforts, damage mitigation and development and execution of a plan that promptly and strongly deters the Security Incident from recurring.
4. You acknowledge and accept that the transfer and storage of Personal Data is never without risk and consequently, the damage that you may suffer from the unlawful use of Personal Data by third parties can never be collected from HCFI.

Liability

1. HCFI can solely be held accountable for damages which directly results from the processing of your Personal Data proven to be due to a fault or negligence of HCFI.
2. HCFI cannot be held liable:
   1. in circumstances of force majeure;
   2. for any indirect or consequential damage and/or
   3. for damages that results from errors, faults or negligence by you or third parties.
3. HCFI’s liability will be limited to the amount of funds donated and other fees paid to HCFI until the date of confirmed breach, regarding this Privacy Policy or Privacy Legislation.

Data Privacy Officer