Under the DPA, data subjects have the rights set forth below.
The rights mentioned under this Section are not applicable if personal data are processed only for scientific and statistical research purposes, and without being used as basis for carrying out any activity or taking any decision regarding the data subject. The rights of data subjects are also subject to other limitations provided by law.
The law requires data subjects to exercise their rights as described in this Policy in a reasonable and non-arbitrary manner, and with regard to rights of other parties.
All requests, demands or notices which data subjects may make under this Policy or applicable law must be made in writing, and will only be considered made and received if sent in accordance with Section VIII.
The Firm wishes to advise the data subjects that upon the passing of a data subject, or in case of a data subject's incapacity or incapability to exercise legal rights, the data subject's lawful heirs and assigns may invoke the data subject's rights in place of the data subject.
(1) Right to object
Data subjects have the right to indicate their refusal to the collection and processing of their personal data, including processing for direct marketing, automated processing, or profiling. They also have the right to be informed and to withhold their consent to further processing in case there are any changes or amendment to the information given to them. Once they have notified the Firm of the withholding of their consent, further processing of their personal data will no longer be allowed, unless:
- The processing is required pursuant to a subpoena, lawful order, or as required by law; or
- The collection and processing is undertaken pursuant to any lawful basis or criteria indicated under Section VII.
(2) Right to access
Upon the data subjects’ request, they may be given access to their personal data that the Firm collects and processes. They also have the right to request access to the circumstances relating to the processing and collection of their personal data, insofar as allowed by law.
(3) Right to rectification
Data subjects have the right to dispute any inaccuracy or error in their personal data and may request the Firm to immediately correct it. Upon their request, and after correction has been made, the Firm will inform any recipient of their personal data of its inaccuracy and the subsequent rectification that was made.
(4) Right to erasure or blocking
In the absence of any other legal ground or overriding legitimate interest for the lawful processing of the data subjects’ personal data, or when there is substantial proof that their personal data is incomplete, outdated, false, or has been unlawfully obtained, they may request the Firm to suspend, withdraw, or order the blocking, removal, or destruction of their personal data from the Firm’s filing system. The Firm may also notify those who have previously received their processed personal data.
(5) Right to damages
Data subjects have the right to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of their personal data, taking into account any violation of their rights and freedoms as a data subject, as provided by law.
(6) Right to data portability
Where the data subjects’ personal data is processed through electronic means and in a structured and commonly used format, they have the right to obtain a copy of their personal data in such electronic or structured format for their further use, subject to the guidelines of the National Privacy Commission with regard to the exercise of such right.