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This Terms of Service Agreement (the “Agreement”) is made and entered into by and between you and SweldoMo Softwares, Inc., a Philippine company doing business as SweldoMo ( “SweldoMo”). This Agreement contains the terms and conditions that govern the use of, and the terms and conditions upon which SweldoMo will provide certain payroll, human resources and other related services through our website (collectively, the “Service”).
You are required to indicate your acceptance of the terms and conditions below in order to access and use the Service. By accessing or using the Service, you are consenting to be bound by the terms of this Agreement.
This Agreement is applicable to all persons who use or access the Service, in their company’s capacity, or on an individual capacity, including authorized users representing the employer, its employees or other persons using or accessing the Service (collectively, “Users”). If you are agreeing to these terms on behalf of a business, you represent, and warrant that you have authority to bind that business to this Agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer to that business.
1. Use of Website
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains materials which are owned by or licensed to us. These materials include, but are not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to us, the operators are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of the Philippines.
SweldoMo will provide you the Service for the purpose of timekeeping, payroll preparation, and for human resource management for the period of your subscription.
You give SweldoMo permission to obtain, verify, and record information that identifies the individual who opens an account or accesses the Service. SweldoMo may ask for your name, address, date of birth, tax identification number and other information that will allow us to identify you.
You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Service can be unpredictable and may, from time to time, interfere with or prevent access to the Service or its operation. SweldoMo is not, in any way, responsible for any such interference with, or prevention of your use of, or access to the Service.
You agree not to: (i) use the Service other than as authorized in this Agreement; (ii) use any device, software, or routine that interferes with any application, function, or use of the Service, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (iii) resell, sublicense, time-share, or otherwise share the Service with any third party; (iv) frame or mirror the Service; (v) decompile, disassemble or reverse-engineer the underlying software or application that is part of the Service or otherwise attempt to derive its source code; (vi) use the Service either directly or indirectly to support any activity that is illegal; (vi) access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (vii) authorize any third parties to do any of the above.
3. Payroll Account
You will designate and authorize either yourself and/or one or more individual users of the Service with authority to act on your behalf and to bind you and/or your business (each a “Payroll Officer”), who may access the Service by entering confidential account credentials created by following the instructions provided via the Service and which will entitle them, depending on their designation and permissions given, to have authority to access, review, modify and/or provide approvals on your behalf.
You or your authorized users must take reasonable steps to maintain confidentiality of account credentials. If you believe or suspects that any account credentials have been known or accessed by unauthorized persons, you will immediately inform SweldoMo. SweldoMo reserves the right to prevent access to the Service should SweldoMo have reason to believe the confidentiality of account credentials have been compromised.
You are responsible for any actions taken on the Service by your Payroll Officer and/or any other authorized users, and for any transactions resulting from your failure to maintain the confidentiality of your account.
4. Payroll Information
You shall review for completeness and accuracy, the Payroll Information. For purposes of this Agreement, “Payroll Information” shall mean all information you provide on the Service, which may include wages, adjustments, and DTR data. You must address and correct incorrect or missing Payroll Information. You are fully responsible for the accuracy of all information you provide, submit and/or approve.
You agree that by processing payroll with SweldoMo, you have waived and released any claim against SweldoMo arising out of any errors in the Payroll Information which you have not corrected yourself.
Final audit responsibility rests with you. SweldoMo will not have any responsibility for verifying the accuracy of any data you provide or directly input via the Service or any other method.
In order to use the Service, you must submit accurate wage and payroll information to SweldoMo during the enrollment process. SweldoMo will not be liable for any penalty, interest or other liability that results from inaccurate or incomplete information you supply. You shall, in a timely and accurately manner, update all wage and payroll information as necessary to reflect changes and respond with additional information requested from time to time by SweldoMo. It is your responsibility to submit complete and accurate information to SweldoMo in connection with the Service. Any penalty or interest incurred due to inaccurate information provided by you will be your sole responsibility. You further agree to hold SweldoMo harmless from such liability.
Your use of the Service is entirely at your own risk. SweldoMo is not in the business of providing legal, tax, financial, accounting, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. The Service is provided “AS IS” and on an “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWELDOMO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NON-INFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. SWELDOMO DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. If the exclusions for any implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of delivery of the Service.
The Service will continue until such time your subscription has expired and opted not to renew. SweldoMo may terminate or temporarily suspend your access to the Service in the event that you breach any material provision to this Agreement.
8. Electronic Data Retention
Data provided by Users and information (payroll registers, employee records, reports) generated by the Service shall be available to the Users while the subscription is active. In the event that the subscription has expired, these information will be retained for ninety (90) days. After this period, the SweldoMo system will automatically archive these information. Should the User opt to reactivate an expired account with archived information, an archive retrieval fee shall apply.
Photos captured with the FaceDTR app and FaceDTR-Web will be retained in the system for sixty (60) days. After this period, the SweldoMo system will automatically delete these photos.
9. Changes to the Service
SweldoMo reserves the right to change the terms, conditions, and services at any time. In the event of such change, users will be provided with notices on the Service or by other means.
SweldoMo will try to, but is not obligated to, provide thirty (30) days prior notice of any such material change. Users may discontinue their use of SweldoMo’s service should they wish not to be bound by the changes provided. Termination of the Service Agreement must be done before the change becomes effective. Continued use of the SweldoMo system after changes become effective will indicate your agreement to the changes.
This Policy sets out the commitment of Sweldomo Softwares, Inc. (“SWELDOMO”) to collect and process personal information and sensitive personal information (collectively, “personal data”) in accordance with the applicable laws and regulations on data privacy, including the Philippine Data Privacy Act of 2012 (“DPA”) and its implementing rules and regulations (“DPA IRR”). It explains how SWELDOMO implements that commitment and the terms and conditions under which it collects and processes personal data. In processing personal data, it seeks to adhere to the general privacy principles of transparency, legitimate purpose, and proportionality, and such other relevant principles in the collection, processing, and retention of personal data as required by applicable law. This Policy, and any updates, amendments or supplements thereto, is available at SWELDOMO’s website at www.sweldomo.ph.
- Definitions and Construction
Definitions of certain terms used in this Policy are in Schedule 1. Schedule 1 also sets out provisions on the construction of certain terms and phrases used in this Policy.
- Confidentiality under Philippine Law
All information and data received from clients in the course of doing business are held and/or kept with strict confidentiality. It is the responsibility of SWELDOMO to keep that information and data confidential and secured save on instances when local law, regulations and authorities permit disclosure of such information under certain conditions, as when the information has become public.
- DPA Exemptions
The DPA exempts from its application or does not apply to certain personal data and their collection and processing. These data and activities are not covered by this Policy.
- How we collect and process personal data
We may be able to obtain personal data in various ways. These include where a natural or juridical person (a “Person”) –
(i) enters into an agreement with us, whether or not written, including an employment contract, retainer agreement or other contract to avail of our services, or supply or service contract;
(ii) submits to us any application, form, request, notice, or some other document;
(iii) inquires after or applies for employment;
(iv) becomes an employee, officer, consultant, agent, supplier or service provider of the Company;
(v) accesses, browses, visits, or uses any of our websites, platforms, social media presence, and other online presence; or
(vi) otherwise provides us with personal data, whether directly or through another Person.
Where personal data is publicly available, we may be able to collect the data from such public sources, including any online presence.
On the categories of personal data we collect and process, this would be the data that you or other data subjects provide to us, such as your name, address, email address, telephone number, age, marital status, information issued by government agencies, and other information that may be used to enter into or help perform a contract we have with you, provide you with products and services, communicate with you, or meet any of the lawful purposes.
Insofar as you disclose personal data when accessing or visiting our website, we may process such personal data as well. Further, we may collect and process information that is normally collected as a standard part of your browsing activity. This may include your IP address, access times, system activity, cookies, device identifier and hardware information, and other log information that is collected when you browse or visit our sites and accounts.
- Purposes of collection and processing; recipients of personal data
We collect and process personal data for the purposes (i) for which you have provided the data or made it otherwise available to us or to the public, and to enable us to fully and efficiently achieve those purposes, (ii) as allowed by applicable law, and (iii) those purposes specified in Schedule 3 (collectively, the “Purposes”).
Recipients of personal data that we collect include persons within our Company (including any affiliates or related companies), and third parties to whom we have outsourced or may outsource certain business or operating activities, advisers, suppliers, and service providers, in order to achieve the Purposes. Some of these entities may be outside the Philippines, so that transfer of data will be cross-border. We may also disclose information, whether intended to be kept confidential or not, upon lawful request by a governmental authority, in response to a court order or when required by applicable law. Please see Schedule 3 for more information about persons to whom personal data may be transferred or shared.
- Consent and other lawful criteria for collection and processing
7.1 Where you have provided us with your personal data through any of the interactions mentioned in Clause 5, in providing or making available the personal data, you agree and consent to our collecting, using, disclosing, sharing and otherwise processing the personal data for the Purposes, and in the manner and under the terms and conditions, in this Policy.
This supplements but does not supersede nor replace any other consent you may have previously provided or will provide to us in respect of your personal data, or the existence of a lawful basis or bases for the collection and processing of your personal data.
7.2 Applicable law allows us to process your personal data in accordance with other criteria or where the data is not covered by the DPA.
- Scope and method of collection and processing
8.1 We utilize standard manual and computerized methods and systems to file, store and process personal data. Collection and processing of personal data will be undertaken in accordance with the principles set out in this Policy and as required by law.
8.2 We will store and retain personal data for such period as may be required by applicable law or as may be needed to enable us to fully and efficiently achieve the Purposes.
- Amendments and supplements
We may amend or update this Policy. You agree to be bound by the prevailing terms of this Policy as updated from time to time, upon the amendment or supplement being published on our website or otherwise advised to you. Please check our website regularly for updated information about, or amendments or supplements to, the Policy.
- Rights of data subjects
Under the DPA, data subjects have the following rights:
10.1 Right to object
As a data subject, you have the right to indicate your refusal to the collection and processing of your personal data, including processing for direct marketing, automated processing, or profiling. You also have the right to be informed and to withhold your consent to further processing in case there are any changes or amendment to information given to you. Once you have notified us of the withholding of your consent, further processing of your personal data will no longer be allowed, unless:
(i) The processing is required pursuant to a subpoena, lawful order, or as required by law; or
(ii) The collection and processing is undertaken pursuant to any lawful basis or criteria indicated under Clause 7.2.
10.2 Right to access
Upon your request, you may be given access to your personal data that we collect and process, as described in Clause 5. You also have the right to request access to the circumstances relating to the processing and collection of your personal data, insofar as allowed by law.
10.3 Right to rectification
You have the right to dispute any inaccuracy or error in your personal data and may request us to immediately correct it. Upon your request, and after correction has been made, we will inform any recipient of your personal data of its inaccuracy and the subsequent rectification that was made.
10.4 Right to erasure or blocking
In the absence of any other legal ground or overriding legitimate interest for the lawful processing of your personal data, or when there is substantial proof that your personal data is incomplete, outdated, false, or has been unlawfully obtained, you may request us to suspend, withdraw, or order the blocking, removal, or destruction of your personal data from our filing system. We may also notify those who have previously received your processed personal data.
10.5 Right to damages
You have the right to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of your personal data, taking into account any violation of your rights and freedoms as a data subject, as provided by law.
10.6 Right to data portability
In case your personal data was processed through electronic means and in a structured and commonly used format, you have the right to obtain a copy of your personal data in such electronic or structured format for your further use, subject to the guidelines of the National Privacy Commission with regard to the exercise of such right.
10.7 Transmissibility of rights of the data subject
We wish to advise you 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.
10.8 Limitation on rights; manner of exercising
The rights mentioned under this item 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 you as the data subject. Your rights as a data subject are also subject to other limitations provided by law.
The law requires you to exercise your 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 you 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 Clause 14.2.
- Security Measures
We have taken appropriate security measures to protect your personal data against unauthorized access or unauthorized alteration, disclosure, or destruction. These measures include internal reviews of our data collection, storage, and processing practices, as well as physical security measures to protect your information against unauthorized access. As part of our efforts to ensure your information is protected, we restrict access to personal data to personnel who would need that information to perform their functions.
- Data breaches
We will comply with the relevant provisions of rules and circulars on handling personal data security breaches, including notification to you or to the National Privacy Commission, where an unauthorized acquisition of sensitive personal information or information that may be used to enable identity fraud has been acquired by an unauthorized person, and is likely to give rise to a real risk of serious harm to the affected data subject. Please note that under applicable law, not all personal data breaches are notifiable.
- Data Protection Officer
The Data Protection Officer (DPO) is the individual principally responsible for ensuring SWELDOMO’s compliance with applicable laws and regulations for the protection of data privacy and security. The DPO is responsible for the supervision and enforcement of this Policy, and the relevant contact details are as follows:
Data Protection Officer
Sweldomo Softwares, Inc.
- Inquiries; notices
14.1 For any inquiry related to this Policy, please contact our Data Protection Officer through the contact details indicated above.
14.2 All requests, demands or notices which a data subject may send or submit to us under this Policy must be in writing, should be addressed to the Data Protection Officer using the contact details above, and will be deemed duly given (i) on the date of delivery if delivered personally, (ii) on the third Business Day following the date of sending if delivered by a nationally recognized next-day courier service and the service has confirmed delivery, or (iii) if given by electronic mail, when such electronic mail is transmitted to the email address specified above and the appropriate confirmation has been received by the sender via email.
Schedule 1 – Definition of Terms
Whenever used in this Policy, the following terms shall have the respective meanings as set forth below:
“Business Day” means any day that Philippine banks are open for business in Makati City,
“DPA” means the Data Privacy Act of 2012 and its implementing rules and regulations, as well as the circulars issued by the National Privacy Commission from time to time.
“Person” means any natural or juridical person.
“personal data” means personal information and sensitive 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;
“processing” refers to any operation or any set of operations performed upon personal data including, but not limited to, the collection, recording, organization, storage, updating, or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data. Processing may be performed through automated means, or manual processing, if the personal data are contained or are intended to be contained in a filing system.
“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; or (4) specifically established by an executive order or an act of Congress to be kept classified.
Whenever the word, “include,” “includes” or “including” are used in this Policy, they shall be deemed to be followed by the words “without limitation”.
The meaning assigned to each term used here will be equally applicable to both the singular and plural forms of such term, and the words denoting any gender shall include all genders.
Schedule 2 – Personal data not covered
This Policy does not apply to the following information:
- Information processed for the purpose of allowing public access to information that fall within matters of public concern, pertaining to:
(i) Information about any individual who is or was an officer or employee of government that relates to his or her position or functions;
(ii) Information about an individual who is or was performing a service under contract for a government institution, but only insofar as it relates to such service, including his name and the terms of his contract; and
(iii) Information relating to a benefit of a financial nature conferred on an individual upon the discretion of the government, such as the granting of a license or permit, including the name of the individual and the exact nature of the benefit: Provided, that they do not include benefits given in the course of an ordinary transaction or as a matter of right.
- Personal information that will be processed for research purpose, intended for a public benefit, subject to the requirements of applicable laws, regulations, or ethical standards; and
- Information necessary in order to carry out the functions of public authority, in accordance with a constitutionally or statutorily mandated function pertaining to law enforcement or regulatory function, including the performance of the functions of the independent, central monetary authority, subject to restrictions provided by law.
Schedule 3 – Purposes for collection and processing of personal data
We use personal data to:
(i) comply with and exercise our rights under contracts and agreements, and the law, as may be required by our operations and in pursuit of our legitimate business and commercial objectives;
(ii) perform and improve our services, and address concerns or questions about those services;
(iii) implement efficiencies and best practices;
(iv) obtain services and advice for our operations and business;
(v) conduct surveys, research, and data gathering exercises;
(vi) market, promote and share information about the Company and our services;
(vii) communicate with you; and
(viii) allow audits and diligence for compliance and other review by advisers or third parties. In this regard, we will require such advisers or third parties to enter into a confidentiality agreement.
- Employee Data
We may collect and process personal data from current or prospective employees in order to initiate, carry out, or terminate an employment agreement, including the results of certain medical examinations that are part of conditions of employment.
For job applicants, we may process personal data required in order to initiate the employment application process. The collected personal data of any applicant, who may not have been hired, may be retained by the Company for purposes of future selection process.
We may share an applicant’s or an employee’s personal data when expressly authorized by law or when the applicant or employee concerned has given consent, as when the Company is provided as a reference.
Company files, records (whether or not electronic), computers, devices and facilities are the property of the Company, and we may examine and review their contents at any time, whether or not an officer, employee or other staff has personal data, property or other information stored therein.
This privacy notice is being provided to persons who visit our offices or digital sites, meet with our personnel, or visit or participate in events or activities of the firm. This notice is in compliance with the requirements of the Data Privacy Act of 2012 (DPA).
When you visit our offices or digital sites, meet with our personnel, or visit or participate in events or activities of our Company, we may collect and process your personal data, such as your name and contact details. For example, we may ask you to sign in a visitor’s log, register for an event, or provide us with your business card or an identification card. Also, our office premises are monitored by a CCTV system, and we will record your comings and goings.
We collect and process this data to perform our functions, to be able to comply with requests, to ensure the security of our premises and personnel, and for other legitimate purposes. Generally, we do not share this data with any person outside our Company, but may do so when permitted by law, or when it is needed to protect our interests. In this case, we will take reasonable steps to ensure that those recipients only process your personal data for the specific purpose for which it was collected by us and will protect the privacy of your personal data.
We will retain the data only for so long as necessary to achieve the purposes for which the data was collected. We use standard manual and electronic methods of processing the data.
By providing us with or making available to us your personal data, visiting our offices or sites, utilizing our services, or visiting or participating in our events and activities, you agree and consent to our collecting, using, disclosing, sharing and otherwise processing that data for the purposes specified here. This consent supplements and does not supersede or replace any other consent you have also provided to us in respect of your personal data, or the existence of a lawful basis for that data’s collection and processing.
If you provide us with personal data of other individuals, by doing so, you also represent and warrant to us that you have the right and authority to provide that data and that you had informed the relevant individuals of, and that they consent to, the terms of this Privacy Notice.
To the extent that our website and other digital presence contain links to sites operated by third parties, including other organizations, those linked websites are not controlled by us and we are not responsible for the data and privacy practices of the site operators. We encourage you to review the privacy policies posted on these third-party websites.
The DPA specifies the rights of a data subject, and these are: the right to be informed regarding certain matters; the right to object to the processing of data; the right to reasonable access to certain information; the right to rectification of inaccuracy or error in your data; the right to block or remove data under certain circumstances; the right to damages in case you suffer an injury due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of data; transmissibility of your rights as a data subject; the right to data portability; the right to lodge a complaint with the National Privacy Commission, if circumstances permit this.
If you do not wish to provide your personal data pursuant to our requests or under conditions specified herein, we may not be able to permit entry in our premises, use of our sites or participation in our events or activities.
From time to time, we may review terms and conditions in this Privacy Notice. If we make changes that affect the way we use your personal data, we will notify you by posting a revised statement on our Website and in our registration desk.