This Privacy Notice ("Notice") states how, Buhay Platforms Inc. ("Buhay", "we", "us", "our"), a company incorporated under the laws of Philippines, processes personal data through its the technology platform ("Platform") to provide services to the user(s), including but not limited to facilitation of loan or credit applications through third party financial institutions ("Services") in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173) ("DPA"), its Implementing Rules and Regulations ("IRR") and any other applicable issuances of the National Privacy Commission ("NPC") (collectively, the "Privacy Laws"). We advise you to consult this Notice regularly when using our Services, as it may be necessary for us to amend this Notice from time to time. To the extent required by applicable laws, we will notify you of material changes made to this Notice and, where any change will rely on your consent as its lawful basis, obtain your consent thereto.
Buhay is a financial technology solution that facilitates access to loan products offered by duly registered lending and financial institutions (the "Lenders"), which may include banks and non-bank financial institutions, as authorized by the Bangko Sentral ng Pilipinas and/or the Securities and Exchange Commission, as applicable. The Platform enables users to electronically search, evaluate, and apply for loan products, obtain credit decisions directly from Lenders, and track the progress and status of their loan applications in real-time.
BUHAY DOES NOT, IN ANY MANNER, REPRESENT, WARRANT, OR HOLD ITSELF OUT AS A LENDER OR AS A FINANCIAL ADVISOR REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE BANGKO SENTRAL NG PILIPINAS. NOTHING CONTAINED ON THIS PLATFORM OR IN THESE TERMS SHALL BE CONSTRUED AS PROVIDING FINANCIAL, TAX, LEGAL, OR ANY OTHER FORM OF PROFESSIONAL ADVICE TO USERS.
This Notice will give you following information:
Buhay shall collect, use, store, disclose, and otherwise process the user's ("User(s), "you" and "your") personal data exclusively for legitimate, specified, and explicitly defined purposes. For the purposes of this Notice, "Personal Data" refers to personal information, sensitive personal information and privileged information which we collect from you, such as your (1) full name, (2) address, (3) birthday, (4) gender, (5) civil status, (6) email address, (7) mobile number, or (8) social media accounts. In addition we will also be collecting the following:
We may collect and obtain this Personal Data when you access, register, or sign in to the Buhay website, mobile application, or official social media pages, complete and submit application forms and other required documents through our Platform for products offered by our partner Lenders, communicate with our employees and authorized representatives through phone calls, emails, and other official channels. Personal Data may also be obtained from publicly available sources, government authorities, regulatory bodies, or other third-party sources, provided that such collection shall only occur once you have given your consent and where not otherwise restricted by applicable laws.
Your Personal Data shall be used by Buhay for the following purposes:
| Personal Data | Purpose | Lawful Basis |
|---|---|---|
| Name, ID Photo, Home Address, Provincial Address, Date of Birth, Gender, Mobile Number, Place of Birth, Civil Status, Spouse, Business Name and Address, Business Contact Number, Financial Information of Business, Information on Real Properties Owned, Information on Personal Properties owned, Loan Credit Facilities With Other Lenders, Name of Creditors, Name and Contact Number of Employer, Employer Address, Employment Status, Job Title/Position, Basic Monthly Salary, Monthly Allowance/Bonus, Net Take Home Income, Government-issued identification numbers, scanned IDs, Bank account details, cash-flow projections, Credit history, Financial statements, Income tax returns | To allow you, your representatives, and/or the business, entity, or organization you may represent to apply for and avail of the products and services offered by Buhay and/or financial institution partners (the "FIs"); To process the application for Buhay and/or FI products and services; To conduct background checks, credit scoring, and evaluate default risk; | Consent; Fulfillment of a contract; Legitimate interest |
| Signed Appointment Letters, Data Privacy Agreements, Terms and Conditions, Term sheets, Disbursement details, and Other instruments | To establish your formal agreements for the Services and define the terms of our contractual relationship, which allows you to use the services offered by Buhay; | Consent; Fulfillment of a Contract; Legitimate interest |
| Name, Email Address, Contact Information, Business Name and Address, Social media accounts | To respond to inquiries regarding Buhay's products and services; | Consent; Legitimate interest |
| Email Address, Contact Information | To send out marketing communications; | Legitimate interest |
| Name, Business Name | To use in marketing or advertising materials of Buhay; | Consent; Fulfillment of a contract; Legitimate interest |
In general, we may process your Personal Data as may be necessary for Buhay to comply with regulations issued by government agencies, as they may be applicable, in order to comply with legal obligations. We may also process your Personal Data to fulfill any other purposes directly related to the above-stated purposes.
In this regard, you may inform us of the specific personal data you do not want to be processed beyond the requested purpose. We will respect your request in so far as it is feasible to fulfill the purposes for which the personal data was collected, and to the extent allowed by law and regulations.
Buhay is the Personal Information Controller under the DPA, which means that it determines what purposes personal information it holds will be used for. It may also be that your personal data is disclosed to third parties pursuant to a data sharing agreement. In which case, such third parties are also the personal information controllers of your personal information.
We have implemented organizational, physical and technical security measures, policies, and procedures intended to reduce the risks of accidental destruction or loss, or the unauthorized disclosure or access to Personal Data which we collect and store on our systems. We may retain Personal Data only for as long as necessary to fulfill or complete the foregoing and other legitimate purposes. We will retain your documents while you remain a member of Buhay for a period of up to five (5) years from termination of your account.
Where personal data is necessary in order to comply with legal obligations, resolve disputes, and enforce agreements, we will retain the data until these matters are resolved.
Hardcopies of the forms you have submitted, if any, as well as all records that shall be relevant to your relationship with Buhay may be stored in Buhay premises in a secure cabinet or in an off site warehouse managed by a third-party service provider.
Personal Information provided to us shall be disposed of or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party, or prejudice your interests.
You have the right to be informed about and object to the processing of your Personal Data, to request access to it, and to rectify any error or inaccuracy thereto. You also have the right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Data that is incomplete, false, unlawfully obtained, processed or used for an unauthorized purpose, or prejudicial to you. You are entitled to be indemnified for damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Data, and you have the right to lodge a complaint before the NPC.
YOU HOLD BUHAY, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, RELATED COMPANIES AND THIRD PARTY SERVICE PROVIDERS, AS WELL AS THE DIRECTORS, OFFICERS, EMPLOYEES OF THEIR AUTHORIZED REPRESENTATIVES, RELATED COMPANIES AND THIRD PARTY SERVICE PROVIDERS, FREE AND HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM ANY USE, PROCESSING, VERIFICATION, COLLECTION, TRANSFER, DISCLOSURE OR SHARING OF INFORMATION MADE PURSUANT TO THE CONSENT YOU HAVE PROVIDED TO US.
You agree to inform us within reasonable time of any changes in your Personal Data or any information provided and ensure that you have obtained the consent to collect, process, use, transfer, share, disclose and retain your Personal Data or any information provided. You understand that suspension or withholding of your consent may restrict us to provide services, implement your transactions or take any action in respect to Services.
If you have any questions regarding the processing of your Personal Data or wish to exercise any of your rights, please contact our Data Protection Officer:
Data Protection Officer
Buhay Platforms Inc.
Unit 610 6/F, VGP Centre, Ayala Avenue, Makati City
Email: dpo.buhay@buhay.com.ph