Data Sharing Policy
Kalibrr Technology Ventures, Inc. (“Kalibrr”) is a technology company that provides recruitment and employment solutions to its clients. As an end-to-end recruitment solutions provider, Kalibrr respects the privacy of its clients through its commitment to protect information and personal data (collectively, “Information”) that it collects and processes. Our policies and practices on the protection of Information is guided by the Philippine laws on data privacy, Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 and its own internal Privacy policies. Kalibrr ensures that it remains transparent with its clients such that the publication and availability of this Data Sharing Policy (“Policy”) likewise is ensured.
Kalibrr may allow access to its subscribers that provide assurance on the implementation of security measures for the protection of personal data and uphold the rights of data subjects. It shall be understood that all data that are accessed through the platform are owned by and shall remain the property of Kalibrr. This Policy is in line with our Terms of Service and our Privacy Statement for the jobseekers.
Definition of Terms
Throughout this document, the following terms shall be interpreted to be defined as follows, consistent with the definitions provided in the Data Privacy Act of 2012 and its Implementing Rules and Regulations:
- Client – refers to either an individual jobseeker and a Recruiter which may be represented by an individual or team within said Recruiter.
- Candidate or Jobseeker – refers to a natural person (an individual) who uses the Platform with the main intent of finding a job. A jobseeker is identified by Kalibrr based on the an associated profile which is comprised of information disclosed by the individual. A jobseeker becomes a candidate when selected or identified to be suitable based on the requirements on an existing job post.
- Kalibrr Platform (“Platform”) – the combination of technology, tools, and user experience provided by Kalibrr to ultimately connect clients and close off their recruitment needs.
- Personal Data – refers to personal information, including sensitive personal information and privileged information. This also covers any information which can directly or indirectly identify an individual.
- Personal Information – refers to any information, whether recorded in a material form or not, that directly ascertains the identity of an individual. Examples are your name, residential address, mobile number, and email address.
- Sensitive Personal Information – includes a person’s marital status, age, ethnic origin, government identification numbers, health information, and court proceedings.
- Privileged Information – refers to information which, under the Rules of Court and other pertinent laws, constitute privileged communication.
- Profile – refers to the set of data, personal or otherwise, that are either declared by a jobseeker or generated by Kalibrr through those information, and are made accessible to recruiters. These may be in the form of a Jobseeker’s profile comprised of the full name, contact information (residential address, email address, and mobile phone number), date of birth or age, gender, photo, resume document, education information (educational institution, program completed, dates attended, scholastic records, recognition), work information (previous and current employer or business, position held, description of role/function, employment period, remuneration received, recognition), and affiliations with other organizations or entities. Disclosure of profile information in excess of what are required shall only be upon voluntarily submission and assumed risk by the jobseeker.
- Recruiter or Subscriber – refers to a natural or juridical entity, a partnership, company, or group of companies operating in the Philippines, and their respective elected user/s of the platform, that have contracted Kalibrr’s products and services to fulfill their human resource needs, or through the access to and use of the Platform. The subscriber may initiate communication with a jobseeker through an existing job post in the platform.
- Data Sharing – refers to the ability granted by Kalibrr to any third party other than a jobseeker to view, use, process, or otherwise gain access to the profile of jobseekers comprised of personal data.
Purpose of Data Sharing Policy
Through contractual or other reasonable means and meeting pertinent requirements of the law, Kalibrr grants its subscribers access to its pool of jobseekers for the purposes stated below, provided that said subscribers adhere to the privacy principles and certify that they employ appropriate and sufficient security measures for the protection of personal data:
- Search and discover candidates/jobseekers for the position they are trying to fill.
- To view, scan and review profile of interest in view of an existing or future job post in the platform.
- To bookmark, save, qualify or even download a copy of profile or profiles for hiring assessments.
- To engage and contact candidates/jobseeker for job interview/s.
- To discuss job offer and fill the vacant position.
- Under sufficient and reasonable grounds, for the fulfillment of legal or regulatory requirements or contractual obligations.
Description of Data
"Data" includes personally identifiable information such as the following but not limited to:
- Full name
- Contact Information such as residential address, email address, and mobile phone number
- Date of Birth or Age*
- Educational Background (educational institution, program completed, dates attended, scholastic records, recognition)
- Work Experience (employer or business, job title or role, employment period, remuneration received, recognitions)
- Trade or union affiliations
*In compliance with the Anti-Age Discrimination in Employment Act, employers are prohibited from requiring the disclosure of age or date of birth during application, and is not allowed to decline an application based on age.
This Policy shall be in effect and enforceable by Kalibrr and a recruiter through a provider-client relationship according to a period stipulated in a contract or other agreement instruments and means that is separate from this Policy.
Manner of Data Sharing
The data shall be provided in a manner and form as specified in a separate contract or agreement. Kalibrr and the recruiter shall take reasonable measures to protect the data from breach of the agreement or any part thereof or from accidental, unauthorized, unlawful disclosure to other parties. The following shall be observed in sharing data:
- the geographical location where data shall be collected and processed are defined, including whether cross border transfer is involved.
- data shall be provided only to the authorized recipients of data.
- Kalibrr may withhold or order to cease processing or sharing of data at any time if it deems that such processing or disclosure is contrary to applicable laws or adversarial to Kalibrr’s interests.
Data Security and Confidentiality
Through the collection and processing of data authorized and consented by the jobseekers and any data subject, processing shall occur only according to the declared valid and legitimate purposes through a consent collected prior to such collection or as soon as practicable. All Kalibrr clients are expected to maintain the confidentiality of any and all personal data obtained by reason of this Policy. This obligation extends to all its employees, directors, officers, consultants, and third party service providers insofar as client data of Kalibrr are accessed, used, processed, or transmitted. The confidentiality requirement shall survive the termination or expiration of the contract, and any supplements thereto, set by both parties outside of this Policy. The recruiter shall employ measures and observe standards that are at par with or meet the standards of Kalibrr to maintain the integrity, availability, and confidentiality of data against any incident or breach. To ensure the continued confidentiality and security of the student data processed, stored, or transmitted under this Policy, Kalibrr clients/customer shall establish a system of safeguards that uphold or complement the physical, organizational, and technical measures in place and, at minimum, include the following:
- Procedures and systems that ensure all data subject records are kept in secured facilities, whether in a physical filing system or digital systems and access to such records is limited to personnel who are authorized to access or process said data.
- Procedures and systems that shall require the use of secure passwords to access computer databases used to process, store, or transmit data provided under this Policy. Use of other technical security measures are encouraged so long as these are sufficient and appropriate.
- Procedures and systems, such as good practices for assigning passwords, shall be developed and implemented to maintain the integrity of the systems used to secure computer databases used to process, store, or transmit data provided under this Policy.
- Procedures and systems that ensure that all confidential student data processed, stored, and/or transmitted under the provisions of this Policy shall be maintained in a secure manner that prevents the interception, diversion, or other unauthorized access to said data. Under no circumstance shall any client data of Kalibrr be sold to any party.
- Access to and use of any personally identifiable information included in the data shall be restricted to those individuals with a legitimate need for access or use in order to carry out the purposes set forth above in this Policy. Violation of this provision on privacy of data shall subject the recruiter to sanctions and penalties outlined in the applicable laws on data privacy.
- Data are not allowed to be accessed or further disclosed, replicated, or transferred without the express prior written consent of Kalibrr, to any other party outside the contract or Agreement such as sharing with subsidiaries, affiliates, or any other third party, unless stipulated in said contract or agreement or allowed by law.
- Use of data shall be carried out with the protection of the privacy of the individual at all times. The recruiter acknowledges that unlawful processing of data or carrying out activities not in line with the international standards set for data privacy or as prescribed by the Data Privacy Act may compromise the protection of the privacy of the individual; as such, the erring party shall be accountable for any damages resulting from these activities.
Access to the Policy
A copy of this Policy may be accessed by any jobseeker from either of the Parties: Provided, that such may redact or prevent the disclosure of any detail or information that could pose a material threat its computer network or system, or expose to harm the integrity, availability or confidentiality of personal data under its control or custody.
By submitting content* to be posted on the platform or made available to the clients, you authorize Kalibrr to collect, use, and share such information, personal or otherwise, in relation to our provision of services, attainment of business goals, and with our declared purpose. Such information shall be interpreted to be validly disclosed by the recruiter by way of ownership; in accordance with the Philippine laws on e-commerce, labor laws, and other related laws; or such information are not adversarial to the interests of Kalibrr. Violation of this section of this Policy by a recruiter entitles Kalibrr to be indemnified for any damages resulting from such breaches and the recruiter shall be solely liable for any third party claims resulting from such violations.
*In compliance with Republic Act No. 10911, otherwise known as the Anti-Age Discrimination in Employment Act, employers are prohibited from publishing any notice for employment suggestions, preferences, or discrimination based on age.
Any entity who is found to have violated or committed breach through omission or gross negligence shall indemnify the aggrieved party for any and all losses and expenses arising out of any proceeding brought by either a third party or the Party at fault, or arising out of the erring Party's breach of its obligations, representations, warranties, or covenants under this Policy.
Return or Destruction of Data and Information
Upon the expiration of the earliest among: the effectivity this Policy; the termination of an Agreement that describes the engagement between Kalibrr and a recruiter; or a request of Kalibrr as the personal information controller, the recruiter, including all its authorized contracted third parties shall promptly return the Data and any other property, information, and documents, including confidential information, owned or provided by Kalibrr, and destroy all copies of such information, and deliver to Kalibrr a certificate affirming the recruiter’s compliance to the obligation for the expunction of data under this Policy.
Modification and Amendments
This Policy may be amended, modified, updated, or supplemented at any time by Kalibrr without prior notice, through independent initiatives, and to such extent that may be required by applicable law or policy issued by an appropriate regulatory authority. A copy of the most updated Policy shall be made available to its stakeholders in a timely manner through reasonably proportionate means. Continued availment of our services and products signifies your agreement to our Policy, including changes and updates thereto.
Kalibrr Technology Ventures, Inc.
2F BCC House 5046 P. Burgos St., Poblacion, Makati City, Philippines 1209
Telephone Number: +63 (02) 7508 0027 and ask to be directed to our Data Privacy Office