PRIVACY STATEMENT

Protecting the personal privacy of every customer, vendor, and employee is a crucial part of gaining and keeping your trust in HAIER ELECTRICAL APPLIANCES PHILIPPINES INC. (Haier Philippines). Haier Philippines adheres to the provisions of the Data Privacy Act of 2012 and expresses our full cooperation with the National Privacy Commission (NPC). As a global operating organization, we strive to provide a high level of privacy protection across all of our businesses and services.

This Privacy Statement (“Statement”) does not apply to third-party applications, products, services, websites or social media features that may be accessed through links that we may provide on our website or applications (“Apps”). Accessing those links may result in the collection of information about you by a third party. Unless otherwise stated, we do not control or endorse any third-party websites or their privacy practices. We encourage you to review the privacy policies of such third parties before interacting with them.

Your personal data – what is it?

Personal data 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. The processing of your personal data is governed by applicable privacy laws.

What roles do we play in processing your data?

We are the data controller. Data controller 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.

We know that you care how data about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. 

When are your personal data collected?

Some of your data may, in particular, be collected by us:

·        whenever you register as customer and/or use our online services;

·        whenever you use our services and products;

·        whenever you contact us via the various channels we offer you.

Our collection of personal data

The personal data we collect may include any and all data you provide to us whenever you enter into a contract with us, register an account with us, use our Apps, add information to your existing account, or any information you may give us in any other way. We use the data that you provide for purposes of administering your use of our services, such as communicating with you, responding to your requests, managing your account, customizing your service experience with us, and improving our products and services. In this regard, please be informed that while you may choose to withhold some or all of your personal data from us, such withholding might bar us from providing you full customer service experience, especially for services that require processing of such data.

All the data we collect from you may be stored as log files in our server or as augmented information associated with you or your devices. These log files are used for analysis, research, auditing, and other purposes. Your data is stored in log files until the data is transferred to backup databases or related texts. We routinely back-up a copy of your data to prevent loss of your data in case of a server breakdown or human error. However, all such copies of your data in our backup database will be retained only for as long as our data retention policy permits (see “How long do we keep your personal data?” below), and will in any case be deleted immediately upon your request.

How do we process your personal data?

We comply with our obligations under applicable privacy laws by keeping personal data up to date; by storing and destroying it securely; by collecting and retaining only the necessary data that we need to service you; by protecting personal data from loss, misuse, unauthorized access and disclosure, and by ensuring that appropriate technical measures are in place to protect personal data.

The processing operations we perform on your data cover automated and non-automated means of collecting, recording, organizing, structuring, storing, altering, retrieving, using, transmitting, disseminating or otherwise making available, aligning or combining, restricting, and/or erasing your data.

We use your personal data for the following purposes:

·  To design and deliver our services and activities to you;

·  To operate our Apps to provide you access to and use of our services;

·  To provide services and products requested by you as described when we collect the information;

· To contact you to conduct research about your opinions of current services and products; or of potential new services and products that we may offer in the future;

·  To share your contact details with our global affiliates and offices, for the purposes of internal administration and back-office support, to ensure network security, and to prevent fraud;

·  To maintain the integrity and safety of our data technology systems, which store and process your personal data;

·   To provide anonymous reporting for internal and external customers;

·   To provide you with locations based personalized services;

·   To enforce or defend our policies or contract;

·   To detect and investigate data breaches, illegal activities, and fraud.

What is our lawful basis for processing your personal data?

In general, the lawful bases for us to process your personal data is, as applicable, processing based on your consent, as necessary to enter into and perform our contract with you, or as necessary to pursue the legitimate interests of our company or of authorized third parties.

Legitimate interests may include:

·        Implementation and operation of a group-wide organizational structure and group-wide information sharing;

·        Right to freedom of expression or information, including in the media and the arts;

·        Prevention of fraud, misuse of company IT systems, money laundering or any other activities required by the competent authorities;

·        Operation of a whistleblowing scheme;

·        Physical security, IT and network security;

·        Internal investigations; and

·        Proposed mergers and acquisitions.

We commit to collect, process, and use your personal data only for the purposes communicated to you. We will not disclose your data to third parties except under the circumstances of data disclosure described in the “Sharing your Personal Data” section below.

Sharing your personal data

Your personal data will be treated as strictly confidential and will be shared only with the categories of data recipients listed below.

We may disclose your personal data to:

·   affiliates within our global group of companies;

· authorized employees for the purpose of providing customer-related and information technology related services;

·    third party service providers whom we may sub-contract for services mentioned above;

·  government and/or government-affiliated institutions, courts, or law enforcement agencies, to comply with obligations under relevant laws and regulations, to protect our interests, enforce or defend our policies or contract, or respond to claims;

Nothing in this Statement shall prevent the disclosure of Personal Information, which are required to be disclosed by law or court order; provided however that if Haier Philippines is so required to disclose any such Personal Information, it shall provide the customer prompt written notice, so that the customer may seek a protective order or other appropriate remedy to prevent or limit such disclosure.

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary for the given purpose for which your data is processed. Further, we process your data for no longer than your consent is effective. However, we may retain your personal data as required by applicable laws and regulations, or as necessary to assist with any government and judicial investigations, to initiate or defend legal claims, or for the purpose of civil, criminal or administrative proceedings. Absent any justifiable reason to keep your data, the same shall be deleted and disposed of in a secure manner, in accordance to our data protection policy.

Your rights and your personal data

As provided by law, you may object to the processing of your personal data, request for access to your personal information, and/or have it corrected, amended, deleted, or blocked on reasonable grounds. For a complete list of your rights as Data Subject, you may refer to Republic Act 10173 or the “Data Privacy Act of 2012”.

Further processing

If we wish to use your personal data for a new purpose not covered by this Statement, we will provide you with a notice explaining this new use prior to commencing such further processing. In all cases, further processing shall be based on lawful purpose, and whenever necessary and applicable, we will seek your prior consent to such further processing.

Security

We protect your data using technical measures to minimize the risks of misuse, unauthorized access, unauthorized disclosure, loss or theft, and loss of access. Some of the safeguards we use are data encryption, firewalls, and data access authorization controls. We take our data security very seriously. Therefore, the security mechanisms used to protect your data are checked and updated regularly to provide effective protection against abuse.

Despite our best efforts, however, security cannot be absolutely guaranteed against all threats. If you believe that the security of your data has been compromised, or if you would like to know more about the measures we use to protect your data, do not hesitate to contact us.

Contact us.

For questions, comments, suggestions, complaints, or requests, do not hesitate to contact us through:

Mail:

HAIER ELECTRICAL APPLIANCES PHILIPPINES, INC.

Lot 35B Block 11 Acropolis Green Subdivision,

Bagumbayan Quezon City, Philippines 1110

Or

E-mail:

customerservice@jzrjjx.com.ph

ANTI-CORRUPTION AND BRIBERY POLICY

1.     INTRODUCTION

This Anti-Corruption and Bribery Policy (“Policy”) adopted by Haier Electrical Appliances Philippines Inc. (“HPI”) adheres to good corporate ethical standards and seeks to promote fair business standards and practices in order to improve corporate culture and environment inside and outside the organization.

2.     SCOPE AND APPLICABILITY

2.1.        Covered Persons

This Policy shall be applicable to the following:

a. all HPI employees, regardless of status and position held;

b. service providers, contractors and subcontractors, vendors, suppliers, business partners, and clients (collectively called “Business Associates”), insofar as this Policy is incorporated in their contracts and agreements.

2.2.     Interpretation

This Policy shall be read together with Haier Group Global Anti-Corruption Compliance Policy (“Haier Global Compliance Policy”), the Haier Group Code of Business Ethics (“Haier Ethics Code”), and the Haier Group Code of Conduct (“Haier Group Code”) – insofar as they are consistent with Philippines laws– together with the HPI Employee Handbook (“Handbook”) and other pertinent policies of HPI.  For the purpose of this Policy, the foregoing shall be collectively referred to as the “Haier Rules”.

This Policy shall likewise be read together with Philippine laws and treatises which the Philippine Government has ratified or may in the future ratify insofar as they may be applied.

3.     PURPOSE AND OBJECTIVE

The Haier Group is committed to leading the industry by example and setting high standards of business conduct.  We strongly believe that sound and transparent business policies and practices are needed to meet our specific business challenges and guide us consistently in our daily activities.  Employees and Third-Party Partners within the Haier ecosystem should abide by high ethical standards towards creating the best customer experience, realizing value-added sharing, and maximizing the value of people.

As a member of the Haier Group, HPI has the responsibility to protect Haier’s brand value and brand equity by adopting such standard of business conduct.  In order to guide all persons within the HPI ecosystem on how to do this, this Policy is adopted to:

a.         align the ethical practices within HPI in compliance with the ethical requirements of the Haier Group and with Philippine laws;

b.         foster a culture and environment of ethical standards and encourage employees to be watchful and mindful of their acts and perform their duties diligently and in good faith;

c.          Abide to the highest standards of ethics and conduct as HPI employees and to deal impartially with all individual and/or organizations, to whom HPI come into contact or conduct business with;

d.         set the respective responsibilities of all Covered Persons and the business units of HPI in complying with the ethical principles and requirements of this Policy and the applicable anti-corruption and anti-bribery laws including the procedures in order to prevent corruption and bribery within the organization;

e.         inform the Third-Party Partners of the ethical standards that they, in engaging in business with HPI, are required to conform to; and

f.          set the guidelines in monitoring, reporting and investigating internally the alleged acts of corruption and bribery;

4.     PROHIBITED AND PERMISSIBLE ACTS

4.1.        General Description

HPI strictly prohibits corruption and bribery in any form. Covered Persons who engage in bribery and corrupt practices shall be dealt with accordingly.

Corruption is broadly described as the act of unlawfully or wrongfully using one’s position to gain benefit for one’s self.  Corruption often results from patronage and is often associated with bribery.

Bribery refers to offering, giving, soliciting, or receiving any gift of value as a means of influencing the actions of an individual. Solicitation of a bribe also constitutes a violation of this Policy and is completed regardless of whether the solicitation results in the acceptance of a gift of value.

4.1.1.     What is a bribe?

A bribe may be anything of value.  It may consist of any gift, present, offer, promise, privilege or advantage, such as but not limited to cash, gift cards, incentives, securities, kickbacks in any form (including shares or percentage), travel, unreasonable discounts, uncompensated use of HPI property, inside information, favor, gratuity, loan, corporate hospitality or entertainment, and opportunities, whether employment, business or otherwise.

4.1.2.     To whom should the Bribe be given or offered, or from whom should the Bribe be solicited, for it to be covered by this Policy?

This Policy shall apply whether the Bribe is given or offered to, or solicited from, a private person/entity (including another Covered Person) or a government official/employee.

This Policy shall likewise apply if the Bribe is given or offered to the private person’s or government official/employee’s relative, friend, or any other person in accordance with the latter’s instruction.  Thus, a prospective supplier bribing an HPI employee with a job offer in favor of the latter’s relative is still covered by this Policy.

For the purpose of this Policy, the private person/entity (including another Covered Person) or the government official/employee to whom the Bribe was offered or given shall be referred to as the “Recipient”.

4.1.3.     Permissible gifts and payments

Corruption and bribery are prohibited as they may prevent a Covered Person from making an objective judgment, thereby affecting impartial execution of HPI’s business.

However, in observing the customs in the locality and the known business practice in the industry, offering, giving, receiving or soliciting certain kinds of gifts that either (1) has no effect on the business of HPI or (2) might (and often do) foster better relationships within and outside the HPI organization and thereby improve HPI’s business, may be allowed.  Such exceptions are as follows:

a.   items of nominal or insignificant value tendered or received as souvenirs or marks of courtesy;

Whether a gift is considered of nominal value will depend on the circumstances of each case taking into account factors such as the value of the item, the frequency or infrequency of the offering and giving, the expectation of benefits, whether the giver has regular, pending, or expected transactions with the receiver, the perceived motivation for such offer or gift, and other similar factors. 

b.   offering or giving of items for reasons other than an expectation of pecuniary gain or benefit, such as close kinship or relationship between the giver and the receiver, or for reasons of festive celebrations and occasions;

c.    donations for humanitarian or altruistic purposes, provided of course that any applicable taxation laws and regulations on these donations shall be complied with.

d.   other instances when the giving or receiving of the items is appropriate and consistent with the interests of HPI and the Haier Group, in recognition of the importance of fostering good business relationships in accordance with customs not just within the industry but within the business community in general.

4.2.      Entertainment

The Company recognizes that providing modest entertainment is a legitimate way of building business relationships and as such a common practice within the business environment to foster good business relationships with external clients. As such, eligible Employees are allowed to entertain external clients through a reasonable act of hospitality as part of business networking as well as a measure of goodwill towards the recipients provided that there be compliance to the policies and procedures of the Human Resources Department and the entertainment expenses be maintained within the entitlement.

It is important for employees to exercise proper care and judgment before accepting any entertainments offered or provided by external parties. If an employee feels that the level and value of the entertainment to be provided is likely to be beyond accepted business practices, they should seek guidance from their respective Head of Department so as to determine whether it is appropriate to accept such entertainment.

If the department head approves the acceptance of the entertainment, it must be declared to the Human Resources Department accordingly.

However, employees are strictly prohibited from providing or offering to provide entertainment with a view to improperly cause undue influence on any party in exchange for some future benefit or result. Any act of this nature, whether provided directly or indirectly through an intermediary, may be construed as an act of bribery and contrary to the general values and principles of the Company.

4.3.      Specific Practices Constituting Corruption or Bribery

Save for instances involving permissible gifts or payments discussed in the preceding sections, the following practices by a Covered Person shall constitute bribery or corruption:

a.      persuading, inducing or influencing another person to perform an act constituting a violation of laws and/or of the Haier Rules in conducting official Haier business, even without offering or giving a Bribe;

Example: A bidder looking to be HPI’s supplier persuades the responsible HPI officers to choose him as the winning bidder despite not meeting the necessary qualifications.

b.     allowing oneself to be persuaded, induced or influenced to perform an act constituting a violation of laws and/or of the Haier Rules in conducting official Haier business, even without soliciting or receiving a Bribe;

Example: HPI officers persuades a prospective supplier to join a bidding by HPI despite such officers knowing that the prospective supplier does not meet the necessary qualifications.

c.      requesting or receiving a Bribe for himself or for any other person in connection with any contract or transaction involving HPI, wherein the Concerned Person has to intervene in his official capacity;

Example: An HPI employee responsible for the releasing of payment of consultancy fee requests for a “facilitation fee” from an HPI consultant to expedite the release of such check.

d.     offering or giving a Bribe in connection with any contract or transaction involving HPI, wherein the Recipient has to intervene in his official capacity;

Example: An HPI officer offers or gives a Bribe to a government employee who, in his official capacity, is the approving authority of a prospective government contract involving HPI.

e.      giving any party any unwarranted benefits, advantage or preference in the discharge of his functions through manifest partiality, evident bad faith or gross inexcusable negligence;

Example: Applicants X, Y and Z are applying to be employed for the same position in HPI.  HPI officers responsible for recommending the successful applicant, due to manifest partiality in favor of Applicant X, recommended the latter for employment despite him not having the necessary qualification or expertise.

f.       unjustifiably neglecting or refusing to act within a reasonable time on any matter pending before him for the purpose of obtaining some pecuniary or material benefit or advantage;

Example: An HPI employee responsible for releasing the last pay of an employee who has resigned from his employment unreasonably delays such release until such former employee finally took a hint and was constrained to offer a certain percentage of the last pay to the HPI employee responsible for its release.

g.     entering, on behalf of HPI, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the Covered Person profited or will profit thereby;

Example: The HPI officers responsible for the disposal of certain company assets approve the sale of the company assets to Mr. A despite knowing that Mr. B is willing to purchase the company assets that would yield higher profit for HPI, regardless of whether such HPI officers will profit from the sale of the company assets to Mr. A.

h.      Any other acts of corruption and bribery as may be defined under any other laws, whether in the present or in the future.

For the purpose of this Policy, an act of corruption or bribery in violation hereof shall be referred to as “Violation”.

5.         DUE DILIGENCE

5.1.      The Finance Department is one of the primary defenses of the Company in combating bribery and corruption by the conduct of due diligence in granting of credit term and/or implementing prudent budget in fields such as entertainment expenses, as well as preventing misuse of the Company’s budget allocations.

5.2.      For potential customers and/or Business Associates who wish to deal with the Company, there should be compliance by the potential customer and/or Business Associates in providing all necessary documentation required, to allow the Finance Department to conduct due diligence prior to granting any credit term request.

5.3.      The review and assessment of the documentation, such as that of the articles of incorporation, partnership agreements, financial statements etc., would greatly assist the Company in the assessment of risks in dealing with the potential customer and/or Business Associates.

5.4.      The Company may be held liable for corrupt acts committed by employees as well as third parties (who has been appointed to act on behalf of the Company). Therefore, due diligence should be exercised when recruiting prospective employees, third parties and/or customers.

5.5.      Some examples of third parties who perform services for and on behalf of the Company, and whose actions could be attributable to the Company are consultants, agents, marketing firms or persons who introduce business to the Company.

5.6.      As a general rule, contracts and agreements with third-parties and/or Business Associates shall contain appropriate provisions on Anti-Bribery and Corruption;

6.         RED FLAGS

Employees are obligated to report all reasonable suspicion of corruption to the Compliance Department in HQ or Legal Department accordingly to allow for further investigation be conducted. Employees must keep a look out for some of the red flags of corruption as follows:

6.1.      Pressure exerted for payments to be made urgently or ahead of schedule;

6.2.      Abnormally high commission percentage being paid to a particular agency;

6.3.      Unsanctioned private meetings with companies hoping to successfully tender for contracts;

6.4.      Lavish gifts being offered;

6.5.      Individual insists on dealing with specific contractors him/herself even when he/she is on holiday or sick leave;

6.6.      Abusing decision-making process or delegated powers in specific cases;

6.7.      Agreeing to contracts not favorable to the Company;

6.8.      Unexplained preference for certain contractors during tender;

6.9.      Bypassing normal tender or procurement process and procedure such as avoiding independent checks and due diligence on contractors or vendors;

6.10.    Missing documents or records regarding meetings or decisions;

6.11.    Company procedures, guidelines or policies not being followed;

6.12.    Contractual party refuses to agree to anti-corruption contractual terms;

6.13.    Contractual party has a poor business reputation or has faced allegations of bribes, kickbacks, fraud or other wrongdoing;

7.         DEALING WITH VIOLATIONS

7.1.      Any person may report any actual or suspected Violation of this Policy. However, HPI employees, in particular, are mandated to report at the earliest opportunity any actual or perceived Violation of this Policy.

For the purpose of this Policy, the person who shall report the alleged Violation shall be called the “Whistleblower”.

7.2.      In the event of actual or suspected violation of this policy, the Employee-Whistleblower must submit a written report to the HPI President, copy furnished the HR and Legal Department, providing details and supporting evidence for the said allegation. However, for Non-Employee-Whistleblowers, complaint may be lodged in whatever form.

7.3.      Upon receipt of the complaint, the Legal Department, together with the HR Department, shall conduct an investigation to identify the veracity of the complaint and/or necessary mitigating measures. Throughout the entire process, due process shall be strictly observed and adhered to.

7.4.      To the extent possible, the identity of the person/s complained of shall remain confidential. Likewise, the identity and participation of the Whistleblower and witnesses shall be protected against unnecessary disclosure. All communications and actions during the investigation period shall be strictly confidential.

7.5.      Once the investigation is completed, all parties involved will be informed in writing of the outcome of the investigation.

8.         PROTECTION

HPI encourages openness and will support anyone who raises genuine concerns in good faith under this Policy, even if they turn out to be mistaken.

HPI is committed to ensuring that no one will experience detrimental treatment as a result of refusing to take part in bribery or corrupt practices or for reasons of reporting violations under this Policy, in good faith.

9.         AMENDMENTS

This Policy may be amended or modified at any time without need for prior notice.