PLEASE READ THIS TERMS OF USE DOCUMENT CAREFULLY BEFORE USING BOLDRTECH’S SERVICES. By using this tool, you are agreeing to be bound by these terms of use. If you do not agree to these terms, then DO NOT use this service.
The Talk To Us (formerly SpeakApp) is an internally facing web application developed by Boldrtech. The Talk To Us Tool is a web-based application that enables our Employees to share their thoughts safely and with confidence, to our Impact and HR Teams. The system will handhold and help our Boldr Employees in submitting their thoughts and concerns .This web-based application aims to allow Boldr and Its executive teams to make IMPACTful decisions that will address concerns and create a better Boldr culture.
For the purpose of this agreement, the following terms are as defined by RA. No. 101731 as:
Data subject refers to an individual whose personal information is processed.
Information and Communications System refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.
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.
Personal information controller (PIC) refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The term excludes:
Personal information processor (PIP) refers to any natural or juridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of Personal Information and Sensitive Personal Information pertaining to a data subject.
Processing refers to any operation or 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.
Privileged information refers to any and all forms of data which under the Rides of Court and other pertinent laws constitute as privileged communication.
Sensitive personal information refers to personal information:
The Services may include Processing of Personal Information and Sensitive Personal Information(The Process) on Boldrtech’s Amazon Web Services Cloud Computing Platform (AWS Platform). Under the AWS platform, The PIC, PIP and Data Subject are also governed by the AWS Service Terms. Under this scenario, the Processing and Collection activities performed by the PIC and PIP are also governed by Boldrtech’s Non-Disclosure Agreement.
The purpose of this Data Processing Agreement is to regulate Boldrtech’s activities as both the PIP and PIC in processing of Personal Information on submitted using Boldrtechtech’s Services. For this agreement, the Processor will handle the private data collected through Talk To Us.
The purpose of this Data Processing Agreement is to regulate the parties’ responsibilities related to the use of Talk To Us service performed by Boldrtech’s personnel in relation to the procedures and protocols involved with the Employee Performance Management process.
This Data Processing Agreement governs the Boldrtech’s rights and obligations, in order to ensure that all Processing of Personal Information and Sensitive Personal Information is conducted in compliance with applicable data protection statutes, regulations and laws.
Processing of Personal Information and Sensitive Personal Information(as defined below) is subject to requirements and obligations pursuant to applicable law. Boldrtech is a legal entity established in the Philippines with relevant data protection legislation will include local data protection legislation and the present the Data Privacy Act (Republic Act Republic Act No. 10173).
Your Privacy is important to us here at Boldr. Please read our Data Privacy Policy as it discusses the categories of Personal Information and Sensitive Personal Information that we collect from you, how the data is captured and collected, and why it is important for Boldr to access this information, and the legal bases we have to process your data.
This agreement is valid from October 1st 2019.
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the services provided through www.Boldrtech.com website (the "Service") operated by Boldrtech ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
By agreeing to these Terms, you’re agreeing that, when using the applications and tools provided by Boldrtech through www.boldrtech.com you will follow the following terms:
If you violate the terms stipulated in this Code of Conduct, Boldrtech may, at its sole discretion, conduct the following or similar practices in order to protect itself, its employees, clients and stakeholders. Boldr reserves the right to take appropriate legal action/s against you, and other individuals and entities, both foreign and domestic, in order to protect it’s image, assets, client base, employees and stakeholders from damages that may arise from violating these terms.
Boldrtech, at its own discretion, have the right to stop providing any of its Services to you. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms
When investigating any alleged violations of the Code of Conduct, BoldrTech reserves the right to conduct a review of your activity and usage in order to resolve the issue, and you hereby authorize such review. However, whenever Sensitive Personal Information may be involved you may be notified, along with those entities such as clients and stakeholders, who may be directly or indirectly affected by said issue.
Website visitors are not required to register an account with Boldrtech through Talk To Us Web Application. Website visitors may still access the basic functionalities and content of Talk To Us anonymously.
The CSM Admin users will have their accounts and credentials generated and assigned by the Development Team. The team will use select private information that has been submitted to Boldrtech as part of one’s mandatory employment requirements.
To ensure that the sensitive data are securely handled and stored The CSM functionalities are locked only to the Client Success Managers of Boldr Inc. This restriction ensures that only authorized users will have access to the dump information submitted in the system. Each user will have a unique account assigned to them.
The Technology Solutions team reserves the right to review and correct this information during testing and development in order to achieve functionally.
As a user, YOU are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify the The Technology Solutions Team and Breach Response Team immediately upon becoming aware of any breach of security or unauthorized use of your account.
Talk To Us has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Talk To Us shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
In the event of a breach of this Non-disclosure Agreement, or a breach of obligations according, we may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon the end of your employment, we will terminate access to our Service immediately. For Resignations, the end of your access will coincide with your final day of employment with Boldrtech, as stipulated in your letter of resignation
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the Philippines, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
The PIC acknowledges and accepts that any Personal Information and Sensitive Personal Information that the PIC uploads as part of the Service, such as uploaded Personal Information and Sensitive Personal Information pertaining to the PIC’s own customers, employees, and stakeholders may be transferred to a third party (sub-processor) which will provide for hosting of the Service, including the provisioning of all hardware, infrastructure, data storage and communication lines. The obligations of the third party in regards to Personal Data are set forth in a separate data processing agreement between Processor and the third party within the framework of this Data Processing Agreement. All data in the Service are stored on AWS’s Global Infrastructure in North America, Brazil, South Africa, Europe, Asia and Australia.
The PIC shall comply will all provisions for the protection of Personal Information Personal Information and Sensitive Personal Information set ous in this Data Processing Agreement and in applicable data protection legislation with relevance for processing of Personal Information.
The PIP shall strictly comply with the instructions and routines issued by the PIC in relation to the processing of Personal Information and Sensitive Personal Information.
The PIP shall only Process Personal Information and Sensitive Personal Information on, and in accordance with the instructions from the PIC. The PIP shall not process Personal Information and Sensitive Personal Information without a prior written agreement with the PIP or without written instructions from the PIC beyond what is necessary to fulfil its obligations towards the Controller under the Agreement.
The PIP shall by means of planned, systematic, organizational and technical measures ensure appropriate information security with regard to confidentiality, integrity, and accessibility in connection with the Processing of Personal Information and Sensitive Personal Information in accordance with the information security provisions in applicable data protection laws and legislation.
The measures and documentation regarding internal information control and security shall be made available to the PIC, the Data Subject, and/or all authorize Entities (within reason) upon request.
Any use of the Information Systems and the Personal Information and Sensitive Personal Information not compliant with Boulders established routines, instructions from the PIC or applicable data protection legislation, as well as any security breaches, shall be treated as a Discrepancy.
The PIP shall have in place routines and systematic processes to follow up discrepancies, which shall include re-establishing of the normal state of affairs, eliminating the cause of the discrepancy and preventing its recurrence.
The PIP shall immediately notify the PIC of any breach of this Data Processing Agreement or of accidental, unlawful or unauthorized access to, use or disclosure of Personal Data, or that the Personal Information and Sensitive Personal Information may have been compromised or a breach of the integrity of the Personal Data. The PIP shall provide the PIC with all information necessary to enable the PIC to comply with applicable data protection Laws and statutes (such as the Data Privacy Act) and enabling the PIC to answer any inquiries from the applicable data protection authorities. It is the PIC`s responsibility to notify the applicable Data Protection Authority, including the National Privacy Commission of discrepancies in accordance with Republic Act 10173.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
The PIC shall keep confidential all Personal Data. The Processor shall ensure that each member of the staff of the Processor, whether employed or hired employee, having access to or being involved with the Processing of Personal Information and Sensitive Personal Data under the undertakes a duty of confidentiality and informed of and complies with the obligations of this Data Processing Agreement. The Individuals involved with the Development, Delivery and Operational Adoption of this application are expected to adhere to the Data Sharing Agreement & Non-disclosure Agreement.
Confidentiality is duly discussed as part of the Confidentiality and Non-disclosure Clause of the Employees Contract.
The duty of confidentiality shall also apply 5 years after termination of this Data Processing Agreement or any correlating Boldr Service Agreements.
As part of our Data Retention Policy, Boldr strictly adheres to maintaining data only as long as it remains a critical component in Boldr’s ability to operate. Boldr will retain all of its collected and processed Data for Five (5) Year. After a year if the data is unused, unnecessary and no longer relevant, it can be marked for complete deletion or archiving. A quarterly Data Retention Check will be conducted at the behest of Boldr’s Data Privacy team. This is to ensure that all employees, officers, and staff of Boldr strictly follow the Data Retention Policy and that unnecessary data will be removed from Boldr’s custody.
Any use of the Information Systems and the Personal Information and Sensitive Personal Information not compliant with Boldr’s established routines, instructions from the PIC or applicable data protection legislation, as well as any security breaches, shall be treated as a Discrepancy.
Boldrtech’s policy and procedures to handle Data Breach Incidents are documented within Boldrtech’s Data Breach Response Protocol. Data Breach Incidents can be reported directly to the Boldrtech team at tech@boldrimpact.com.
If you have any questions about these Terms, please contact us.at tech@boldrimpact.com.
Boldrtech’s Data Privacy policies and guidelines are guided by our Data Privacy Team. The Data Privacy Team’s objective is to:
If you are concerned that your personal information is at risk, is being used for an unauthorized purpose, or other concerns about How Boldr uses, treats, stores, and protects your data, you may contact Boldr’s Data Privacy Officers.
Boldr’s Data Privacy Officers are:
By using Talk To Us you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology, Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
By using Talk To Us you acknowledge that you have read and understand the terms and conditions stipulated within this document. You acknowledge that if you violate these terms of use through misuse of Talk To Us or any of Boldrtech’s Applications, then Boldrtech is not liable for damages to you or your assets.
These Terms cover the use of the products, tools, technologies and services (“Service”) provided by Boldrtech for both internal and external use. You accept these terms, as well as the terms and conditions stipulated in our Data Processing Agreement, and agree to the conditions upon any of the following scenarios:
By agreeing to this Terms of Use Document, I acknowledge that I am also consenting to the Privacy Policy and Cookie Policy of www.boldrtech.com.