Privacy Policy : Updated as of December 22, 2020
Terms of Use and EULA : Updated as of December 22, 2020
Last updated on: December 22, 2020
The following privacy policy forms part of the Terms of Use and End-User’s License Agreement (“Agreement”) which you have agreed to by downloading and using the electronic Moncada application (eMoncada app).
A. Privacy Statement
The Municipality of Moncada, Tarlac values the right to privacy and shall ensure that all personal data collected from the users of the eMoncada app and processed by it or by its third-party developers are protected at all times in accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (“Data Privacy Act”). This Privacy Policy is issued to inform you of its personal data collection, processing, and storage activities, as well as disclosure of Personal Information we receive from users of the eMoncada app.
B. Scope
B.1. This document provides for the Municipality of Moncada’s organizational policy in relation to the collection, use, storage, sharing, and disposal of all personal data processed by it in accordance with the Data Privacy Act and related issuances by the National Privacy Commission.
B.2. The Municipality of Moncada shall have the right to amend or modify this document to comply with data privacy regulations or to reflect any changes in this privacy policy, or in its collection, processing, or sharing activities.
B.3. The rights and obligations stated in this policy shall refer only to the personal information collected, processed, and used for the eMoncada app.
C. Definitions
C.1. Data Sharing refers to the disclosure or transfer to a third party of personal data under the control or custody of a personal information controller. This term does not include outsourcing, disclosure, or processing of personal data by a personal information processor working under the supervision or control of the Municipality of Moncada as a developer of the eMoncada app.
C.2. 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.
C.3. Personal Information refers to any information 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.
C.5. Personal Information Controller refers to any 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.
C-6. Personal Information Processor 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 data pertaining to a data subject.
C-7. Sensitive Personal Information refers to personal information (i) about an individual’s race, marital status, age, and religious, philosophical or political affiliations; (ii) 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; (iii) 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 (iv) specifically established by an executive order or an act of Congress to be kept classified.
C-8. Personal Data collectively refers to all categories of personal information.
D. Collection and Use of Personal Data
D.1. The eMoncada app shall be used to collect and process the following types of data:
D.1.1. Contact information of users of the eMoncada app including phone numbers, address, and email address;
D.1.2. Name, gender, civil status, date of birth, address, proof of identification, filial relations, school attended, educational background, health information, applicable disabilities, and other personal details in relation to the personal status of a person;
D.1.3. Employment history and income information, SSS, TIN, and HDMF number;
D.1.4. Medical information that may be relevant in providing you or the community with relevant public services, such as, but not limited to blood type, current or previous illnesses, disabilities governed by Republic Act No. 10754 (The Act Expanding the Benefits and Privileges of Persons with Disabilities);
D.1.5. Information with regard to benefits entitlement;
D.1.6. Information about your use of the eMoncada app (includes your email account, information posted or shared on the app, or information you submit through the eMoncada app.
D.1.7. Location information, if this is made available to the eMoncada app.
D.1.8. Credit, banking, or payment application information for use in online payments.
D.1.9. Any information you provide directly to the Municipality of Moncada whether submitted personally, or through the eMoncada app.
D.2. What is done with your personal data and how is it processed?
The Municipality of Moncada will collect and collate the data you submit through the eMoncada app and will have sole decision on the information collected and displayed or distributed on the eMoncada app. Said data shall be stored and analyzed by the Municipality for the purpose of coming out with its public services to serve its constituents. Such public services shall include, but will not be limited to, providing aid, benefits, and services to senior citizens, persons with disabilities, persons in calamity areas, benefits under the 4Ps program, remote queueing system, permit application, online payment, mayor’s assistance, COVID tracing and reporting, household verification, student count, and other related local government services.
Your data may also be processed for aggregate studies and reporting to the local government, in which case, your names and identities shall not be identified. Where appropriate, your data will be anonymized or aggregated to eliminate individual identifiers.
When you disclose another person’s personal information, you attest that you have obtained their consent from them.
The security of your data is important to the Municipality of Moncada, and it shall strive to use commercially acceptable means to protect it, but cannot guaranty its absolute security, considering that no method of transmission over the internet or any method of electronic storage is 100% secure.
D.3. How is data shared with third parties?
The data collected by the Municipality of Moncada may be processed by the third party service provider of the eMoncada app, EZInnovation, Inc, also known as EZGov. Any data or information resulting from or generated in connection with such collected data during data processing shall be exclusively owned by the Municipality of Moncada and will not be used for any purposes outside this Agreement.
EZGov shall ensure protection of the data it processes by using sufficient software and hardware safeguards; conduct regular review, evaluation, and updating of security protocols; monitor the security and stability of the eMoncada app and related systems. EZGov shall likewise provide for security incident reporting, rectification, erasure, and blocking of data.
Only individuals directly involved in the processing of data shall be allowed access to the same.
Upon termination of the relationship between the Municipality of Moncada and EZGov, the latter shall turn over all the data used in the eMoncada app and its related systems and turn over the same in CSV format. EZGov will thereafter delete all data in its possession
Disclosure of data to other third parties will be made in conformity with a legal order from a court or government agency or instrumentality with proper jurisdiction to issue the same, as required by law.
The Municipality of Moncada will not disclose your personal data to unaffiliated third parties for consumer marketing purposes.
E. What are your data privacy rights?
E.1. Right to be informed – You have the right to demand and be informed of the details about the type of personal data, the purpose of processing, and how they are being processed, stored, and manner of disposal.
E.2. Right to access – You have the right to review and amend your personal data in case there are errors.
E.3. Right to dispute – You have the right to dispute inaccuracy or error in personal data.
E.4. Right to object – You have the right to reject further processing of your personal data, including the right to suspend, withdraw, and remove their personal data in possession of the Municipality of Moncada which are falsely collected or unlawfully processed.
F. Retention and Disposal of Data
The Municipality of Moncada shall keep the data it collects, and any the resultant after analysis for as long as necessary for purposes of public use, unless a longer period is required or permitted by applicable law.
G. Changes to the Privacy Policy
The Municipality of Moncada may amend this Privacy Policy from time to time. If any changes are made in the way that it shall collect or use your personal data, which will be different from that stated in this policy, you shall be notified to allow you the opportunity to consent or opt out of any new use or disclosure.
H. Who shall be contacted for inquiries with regard to this Privacy Policy?
The Municipality of Moncada’s Data Protection Officer (DPO) or its Compliance Officer for Privacy (COP) may be contacted for any inquiries or concerns regarding this Privacy Policy at:
Name of Officer: Engr. Arnold Aristotle A. Gabriel
Email: info@moncadatarlac.gov.ph
Phone number: +63912-151-7919
The following Terms of Use and End-User License Agreement (“Agreement”) is a legal agreement and shall serve as a binding contract between you (“you”) and the Municipality of Moncada (“Owner”), located at the Moncada Town Hall, McArthur Highway, Poblacion I, Moncada, 2308 Tarlac, Philippines.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING THE "I AGREE" BUTTON.
This Agreement was last updated on December 22, 2020. You will be notified of any changes to this Agreement. By clicking the "I Agree" button you agree to be bound by the terms and conditions of this Agreement. The terms of this Agreement include, in particular, the Privacy Policy, as stated here: http://legal.emoncada.ezgovph.net/.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button or make use of the eMoncada app. You will only be allowed to use the eMoncada app if you agree to ALL the terms of this Agreement.
This Agreement sets out the conditions for use of the app services and includes the Privacy Policy which shall the govern the collection, processing, and use of personal data. It governs your use of app, the services available, upgrades, patches, and related services.
1. License
1.1. The Municipality of Moncada (“Owner”) is the owner of the eMoncada app. Said Owner grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the eMoncada app solely for your personal use, strictly in accordance with the terms of this Agreement.
1.2. You acknowledge that this product is merely licensed to you, and that you do not own the app, or any part of its software. You agree not to directly or indirectly (i) sell, lease, license, or distribute the eMoncada app or any of its parts commercially; (ii) reverse engineer, decompile, adapt, reproduce, or create derivate works of the eMoncada app; or (iii) remove, alter, disable or circumvent portion of the eMoncada app, including any copyright and trademark indications therein. If the Owner receives information that your use of the eMoncada app may violate this Agreement or any applicable law, it may terminate or disable your use of this application.
1.3. You agree not to assign, transmit, or otherwise commercially exploit the eMoncada app or its data for commercial purposes.
1.4. You acknowledge that any data or information that was collected or collated by the use of the eMoncada app shall be owned by the Municipality of Moncada, and its collection, processing, and use shall be governed by the eMoncada app Privacy Policy. You shall not harvest or collect any information or data from any services available in this app for any commercial purpose.
2. Application Usage
2.1. While using the eMoncada app, you agree to comply with all applicable Philippine laws, rules and regulations. In all cases, you may only use the eMoncada app according to its anticipated use.
2.2. You will not modify, distort, block, abnormally burden, disrupt, slow down or hinder the normal functioning of any part of the eMoncada app, or attempt to do any of the above. You will not make inappropriate, tortious, defamatory, or injurious use of services provided by the eMoncada App.
2.3. You will not provide false data to the eMoncada app. You acknowledge that the data and the answers to all questions that you enter into eMoncada app are true and correct to your personal knowledge or in accordance with official records in your possession.
2.3.1. In entering the names and personal details and status of family members, you understand that said details are truthful or correct based on your own personal knowledge or in accordance with official records. This data will be used as basis for the local government to provide public service programs for its constituents. Any false information entered here will be considered as a ground for criminal action for falsification or other such offenses in accordance with law.
2.3.2. In entering names, personal information, and other required documents for issuance of local government permits, remote queueing, mayor’s assistance. And citizen surveying, you understand that the said information and documents are truthful or correct based on your personal knowledge or in accordance with official records. The said data will be used by the local government for granting permits, providing public services or in regulation of industries. Any false information shall be a ground for a criminal action for falsification or other such offenses in accordance with law.
2.4. You understand that the information contained in the eMoncada app is based on data provided by its users, and that the owner of the application makes no representations, warranties or guarantees, whether express or implied, that the content of the in the eMoncada app is accurate, complete or up-to-date.
2.5. The eMoncada app is only for domestic and private use. You agree not to use the eMoncada app for any commercial or business purpose, and the Owner of the eMoncada app, its developers, and any third parties whose services are included or used by said application shall not be liable for any loss of profit, business interruption, or loss of business opportunity.
2.6. You acknowledge that the eMoncada app has not been developed to meet your personal and individual requirements, and that it is your responsibility to ensure that your device shall meet the technical requirements to enable its use.
3. Modifications to Application
3.1. The Municipality of Moncada reserves the right to modify, suspend or discontinue, temporarily or permanently, the eMoncada app or any service to which it connects, with or without notice and without liability to you.
3.2. The Municipality of Moncada reserves the right, at its sole discretion, to modify or replace this Agreement at any time. You will be notified of any changes or amendments to this Agreement and will be asked to provide your consent to it.
3.3. Any information may be updated, altered or removed at any time without notice to you.
4. Liability and Termination
4.1. This Agreement may be terminated by breach of any of the terms and conditions. You shall be sent a notice of termination. Upon receipt of notice, you must immediately delete or remove the eMoncada app from your devices.
4.2. The Owner shall not be made liable or responsible for any failure to perform, or delays in performance of any of its obligations under this Agreement that is beyond its reasonable control.
4.3. The Owner’s delay to insist that you perform any of your obligations under this Agreement will not mean that it has waived its rights against you. Waiver by the owner of any default on your part shall be in writing.
4.4. This agreement, its subject matter, and its form, are governed by Philippine law. In case of any litigationor actions in relation to it, you agree that the courts of Tarlac shall have jurisdiction over any such actions, to the complete exclusion of other venues.
5. Severability
5.1. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This agreement is entered into upon clicking the ‘I AGREE” button.
