data privacy policy

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 In accordance with the provisions of Republic Act No. 10173 known as the Data Privacy Act of 2012 (“DPA”) its Implementing Rules and Regulations (“IRR”), and other relevant policies, including issuances of the National Privacy Commission (“Commission”), this Privacy Notice is being sent to you about our collection and use of personal data, and your rights as a Data Subject. Please see below. 

In line with our commitment to provide excellent medical and health care products and services, we are ensuring that the confidentiality, integrity, accountability, availability if needed, and assurance is out utmost priority in dealing with your personal data and sensitive information in accordance with the Data Privacy Act of 2012, its Implementing Rules and Regulations, National Privacy Commission issuances, and other relevant laws. With the vision of the government in ensuring the excellent upholding your privacy, we incorporate it with OUR core vision:

• Personalized – we make your personal data and sensitive information as unique information of yourself as an individual.
• Predictive – we provide assurance that utmost security is given in order to maintain confidentiality and integrity of your data.
• Preventive – we are proactive in prevention of any security breaches by continuous research and development of our organization, technology, and system to ensure the confidentiality and sensitivity of your data.
• Participative – we make our client well involve and make available your personal and sensitive information to yourself only by providing an access under our system of security to provide assurance of confidentiality and integrity of your personal and sensitive information.
• Permanent – we are together with the government and with you as our clients in securing the confidentiality and integrity of your personal and sensitive information by our continuous monitoring and development of our system and process.
  
  This Privacy Notice is being sent to you about our collection and use of you personal and sensitive data, and your rights as a Data Subject. Please see below. 

Unless otherwise defined in this Privacy Notice, the capitalized terms used in this Privacy Manual shall have the same meanings as set forth in the DPA, IRR and other issuances of the Commission. These are the important terms that you must know as data subject under Data Privacy Act 2012.

Data subject refers to an individual whose personal, sensitive personal, or privileged information is processed;

Consent of the data subject refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of his or her personal, sensitive personal, or privileged information. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of a data subject by a lawful representative or an agent specifically authorized by the data subject to do so;

Data processing systems refers to the structure and procedure by which personal data is collected and further processed in an information and communications system or relevant filing system, including the purpose and intended output of the processing;

Data sharing is the disclosure or transfer to a third party of personal data under the custody of a personal information controller or personal information processor. In the case of the latter, such disclosure or transfer must have been upon the instructions of the personal information controller concerned. The term excludes outsourcing, or the disclosure or transfer of personal data by a personal information controller to a personal information processor;

Direct marketing refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals;

Filing system refers to any set of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible;

Personal data refers to all types of personal information;

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 the entity holding the information, or when put together with other information would directly and certainly identify an individual;

Profiling refers to any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;

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

Sensitive personal 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 individual, 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 is 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.

TopHealth Medical Clinics Inc shall collect personal and sensitive information of all doctors, nurses, employees, staff, applicants, medical assistants, clerks, prospective patients, patients, and apprentices, on-the-job trainees, independent contractors including their full name, home or business address, email address, contact number, together with other information necessary to complete the details or the purpose of the information.

Personal and Sensitive Information of the lawyers, applicants, employees, apprentices, and on-the-job trainees are collected by Human Resources Department of TopHealth Medical Clinics under Human Resources Supervisor and other authorized personnel of TopHealth Medical Clinics its subsidiaries, its affiliates, and shareholder companies to be used for employment, hiring, compensation benefits, employment promotion, human resources development, skill and education certification, contacting, evaluating, and other legitimate purposes.

Personal Information and Sensitive Information of prospective patients and patients are collected by TopHealth Medical Clinics, its subsidiaries, its affiliates, and shareholder companies. These are shared to third parties, doctors, medical staff, and third parties who provide medical and health care services to the clinics under TopHealth Medical Clinics. These pieces of information are stored or retained or destroyed by the Accounting Manager, the Records Management Service Manager, and the Finance Manager to be used for any of the following purposes:

• To provide health care and medical services that the patient needs;
• To provide holistic health care and medical services where there is a need for multi-disciplinary treatment;
• To provide immediate health care and medical treatment to other health and medical facilities if there is an urgent need or upon your consent;
• For contacting, billing, collecting fees;
• To liaise with Health Maintenance Organization as permitted by the contract and law;
• To your employer based on the contract and as permitted by law;
• Promotion and advertising of health care and medical services and products;
• To government agencies but not limited to Department of Health, Philhealth, and other government agencies for compensation, benefits, statistics, education, public health, and other legitimate purposes as permitted by the laws;
• Other legitimate purposes in line with the business as permitted by the laws.

Personal Information and Sensitive Information shall be shared without disclosure of the patient identity to the TopHealth Medical Clinics Management, for purpose of statistics, clinic operation, financial performance, medical training, marketing of health care and medical products and services, research, and education. These is done without disclosure of patient identity.

Personal Information of independent contractors or service providers is collected by the Office Manager to be used for contacting, procuring services, paying for services and other legitimate purposes.

 TopHealth Medical Clinics shall ensure that personal data under its custody are protected against any accidental or unlawful destruction, alteration and disclosure as well as against any other unlawful processing. TopHealth Medical Clinics will implement appropriate security measures in storing collected personal and sensitive information, depending on the nature of the information both electronically, on cloud, and physically. Such pieces of personal and sensitive information are securely stored in the facility of TopHealth Medical Clinics in the Philippines. All information gathered shall not be retained for a period longer than fifteen (15) years from termination of the doctor-patient relationship, or the termination of employment, or the termination of contract, or as otherwise provided by law, as the case may be. After fifteen (15) years, all hard and soft copies of personal information shall be disposed and destroyed, through secured means and in accordance with the provisions of the DPA and its IRR. 

Due to the sensitive and confidential nature of the personal data under the custody of TopHealth Medical Clinics, only the patient and the authorized representatives of the clinic shall be allowed to access such personal data, for any legitimate purpose, except for those contrary to law, public policy, public order or morals.

All employees and personnel of TopHealth Medical Clinics, its subsidiaries, its affiliates, and shareholder companies shall maintain the confidentiality, integrity, availability, accountability, and assurance of all personal data that come to their knowledge and possession, even after resignation, termination of contract, or other contractual relations. Personal data under the custody of TopHealth Medical Clinics shall be disclosed only pursuant to a lawful purpose, and to authorized recipients of such data.

Subject to the limitations provided in the DPA and its IRR, each Data Subject is entitled to the following rights:

1. Right to be informed.

The data subject has a right to be informed whether personal data pertaining to him or her shall be, are being, or have been processed, including the existence of automated decision-making and profiling.

The data subject shall be notified and furnished with information indicated hereunder before the entry of his or her personal data into the processing system of the personal information controller, or at the next practical opportunity:

• Description of the personal data to be entered into the system;
• Purposes for which they are being or will be processed;
• Basis of processing, when processing is not based on the consent of the data subject;
• Scope and method of the personal data processing;
• The recipients or classes of recipients to whom the personal data are or may be disclosed;
• Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized, including meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject;
• The identity and contact details of the personal data controller or its representative;
• The period for which the information will be stored; and
• The existence of their rights as data subjects, including the right to access, correction, and object to the processing, as well as the right to lodge a complaint before the Commission;
• Right to object.

The data subject shall have the right to object to the processing of his or her personal data, including processing for direct marketing, automated processing or profiling. The data subject shall also be notified and given an opportunity to withhold consent to the processing in case of changes or any amendment to the information supplied or declared to the data subject in the preceding paragraph.

When a data subject objects or withholds consent, the clinic shall no longer process the personal data, unless:

• The personal data is needed pursuant to a subpoena;
• The collection and processing are for obvious purposes, including, when it is necessary for the performance of or in relation to a contract or service to which the data subject is a party, or when necessary or desirable in the context of an employer-employee relationship between the collector and the data subject; or
• The information is being collected and processed as a result of a legal obligation.
• Right to Access.

The data subject has the right to reasonable access to, upon demand, the following:

• Contents of his or her personal data that were processed.
• Sources from which personal data were obtained;
• Names and addresses of recipients of the personal data;
• Manner by which such data were processed;
• Reasons for the disclosure of the personal data to recipients, if any;
• Information on automated processes where the data will, or is likely to, be made as the sole basis for any decision that significantly affects or will affect the data subject;
• Date when his or her personal data concerning the data subject were last accessed and modified; and
• The designation, name or identity, and address of the personal information controller.
• Right to Rectification.

The data subject has the right to dispute the inaccuracy or error in the personal data and have the clinic correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the personal data has been corrected, the clinic shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the retracted information by the intended recipients thereof: Provided, That recipients or third parties who have previously received such processed personal data shall be informed of its inaccuracy and its rectification, upon reasonable request of the data subject.

• Right to Erasure or Blocking.

The data subject shall have the right to suspend, withdraw or order the blocking, removal or destruction of his or her personal data from the personal information controller’s filing system.

• This right may be exercised upon discovery and substantial proof of any of the following:
• The personal data is incomplete, outdated, false, or unlawfully obtained.
• The personal data is being used for purpose not authorized by the data subject;
• The personal data is no longer necessary for the purposes for which they were collected;
• The data subject withdraws consent or objects to the processing, and there is no other legal ground or overriding legitimate interest for the processing;
• The personal data concerns private information that is prejudicial to data subject, unless justified by freedom of speech, of expression, or of the press or otherwise authorized;
• The processing is unlawful;
• The personal information controller or personal information processor violated the rights of the data subject.
• The personal information controller may notify third parties who have previously received such processed personal information.
• Right to damage

The data subject shall be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal data, taking into account any violation of his or her rights and freedoms as data subject.

• Right to Data Portability

This right of data portability informs the data subjects how the personal and sensitive information are obtained, moved physically or electronically. It allows the data subject to determine the free flow of the personal and sensitive information in the internet and the organization. This enables to demonstrate how the several organizations connected with TopHealth Medical Clinics uses the data proportionally to its legitimate purpose.   

• Right to Complain

The data subject has the right to complain about the misuse, maliciously disclosure, or improperly disposal, or that any of your data privacy rights have been violated, you have a right to file a complaint before the TopHealth Medical Clinics at 637-9661 local 101 and dpo@keralty.com.ph or before the National Privacy Commission at https://privacy.gov.ph/ 

For any concerns or requests, please e-mail our Data Privacy Officer at it@tophealth.ph

Frequently asked questions about the Data Privacy Act

Can a companion sign the Consent Form on the patient’s behalf?

A companion can sign the Consent Form on the patient’s behalf only after showing a Special Power of Attorney or Letter of Authorization from the patient stating that his/her companion has been given the authority to consent on his/her behalf. However, if processing is necessary to protect the life and health of the patient or another person, and he/she is not legally or physically able to express his/her consent prior to the processing, then consent may be given at a reasonable time after the fact.

What is the Data Privacy Act of 2012?

The Data Privacy Act of 2012 (“DPA”) acknowledges the rights of natural persons and corporations over their data and enforcing the responsibilities of these persons and corporations who process them. It took effect on September 8, 2012, while its Implementing Rules and Regulations took effect on September 9, 2016.

What is the purpose of the DPA?

It seeks to prevent and/or mitigate the risk of any data breach involving personal and sensitive personal information of data subjects.

What types of information are covered by the DPA?

The DPA covers Personal Information, Sensitive Personal Information, and Privileged Information (collectively, “Personal Data”).

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 the entity holding the information, or when put together with other information would directly and certainly identify an individual. In short, it is information which links you to your identity.

Sensitive Personal Information refers to 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.
5. Privileged information refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.

What does “processing” mean?

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.

Why is there a need to share my Personal Data to affiliates, partners and third parties?​

We need to share your Personal Data for us to be able to render medical care to you. The affiliates, partners and third parties include the doctors, High Precision which is in charge of laboratory services, Lasik Center for delivering eye care services to you and other natural persons or entities we partnered with in order to give you quality medical service.

Do I have rights over my Personal Data?

Yes. Under the DPA, your rights include the right to be informed; the right to object to the collection of the Personal Data to be collected; the right to reasonable access to your Personal Data upon demand; the right to correct or rectify any errors to your Personal Data; the right to block or remove your Personal Data from our systems; and the right to obtain a copy of your Personal Data. However, the exercise of these rights are subject to reasonable standards and procedures as well as other limitations provided by law.

Will my Personal Data be processed differently after I sign the Consent Form?

There is no difference as to how we treat Personal Data of the patients before the DPA took effect and after its effectivity. The Consent Form we are asking you to sign is for compliance with the DPA and for us to be transparent to you as regards how we process your Personal Data.

What if I don’t want to consent to some clauses indicated in the Consent Form?

We respect your decision and rest assured that your privacy is important to us. You may put a line through the clause/s you do not consent to and affix your signature immediately beside it.

Who should I contact if I want to know more about how my Personal Data is processed by TopHealth Medical Clinics?

For Data Privacy concerns, you may contact our Data Protection Officer at it@tophealth.ph

Cookies and cache policy

We use cookies in our website to provide the customers with the best possible online experience regarding medical and health care services.

What are cookies?

A cookie is a small text file or a block of data that is sent to user’s web browser and stored in the memory of the user’s device while visiting a website. It is useful to make the navigation in the site with efficiency. It is also useful because it enables to collect of user’s data for analysis on how the website is being used by the visitors, determination of repeat visits, browsing habits, and create the best possible customer experience.

Some cookies are deleted every time a browser is closed but other cookies remain in the user’s device until they expire or when the user deletes them from the device.

What are caches?

Cache is a temporary storage of web page resources stored in the user’s device for faster loading of web pages. The pictures, videos, clippings, audios, and others might take a considerable time before the entire website loads completely. By storing pictures, videos, clippings, audios, and others in the user’s device, the loading of the website shall be faster than the first access.

Why do we use cookies?

• to recognize your computer when you visit our website
• to enhance the website’s usability
• to visit the website with efficiency and rapidness
• to track the navigation in the website
• to analyze the usage of the website
• to use the data by providing quality medical and health care products and services through marketing and advertisements to the users

Accepting or rejecting cookies and cache

The users of this website has option to configure on user’s internet browser or devices to provide a warning every time a new cookie is about to be stored in order to decide whether to accept or reject it. If cookies and cache are already in the user’s system, the user’s has an option to delete them.