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Data Privacy Notice

Protecting your personal data privacy is of paramount importance to Xcruit.

We, at Xcruit, are committed to protect and respect your personal data privacy, and we are at the forefront of not only implementing but also complying with the provisions of the Data Privacy Act of 2012.

1. Definition of Material Terms

  1. “Account” as used in this notice refers to the user profile created by a Candidate or a Employer, in order to avail of any of Xcruit’s services.

  2. “Advertiser” refers to any person, corporation, or entity which engages the services of Xcruit to post advertisements on its website.

  3. “Candidate” as used in this notice, refers to the prospective employee or jobseeker or person, who submits his or her curriculum vitae or résumé online.

  4. “Data Subject” means an individual whose personal, sensitive personal, or privileged information is processed.

  5. “Mobile App” refers to any of Xcruit’s online applications which may be downloaded through Google Play, or through the Apple App Store.

  6. “Personal Information” or “Personal Data” refers to any information, whether recorded in material form or not, from which the identity of an individual is apparent or can be reasonably ascertained by the entity holding information, or when put together with other information would directly and certainly identify the individual.

  7. “Employer” refers to any person, corporation, or any entity seeking to hire individuals from Xcruit’s pool of candidates. This term shall include direct employers, and other entities tasked to look for Candidates.

  8. “Sensitive Personal Information” refers to personal data pertaining to:

    1. An individual’s race, ethnic origin, marital status, age, color, and religious philosophical or political affiliations;

    2. 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. Any personal data 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; and

    4. Any personal data established by an executive order or an act of Congress to be kept classified.

  9. “Personal Information Controller” refers to natural or juridical persons, or any other body who controls the processing of personal data, or instructs another to process personal data on its behalf. The terms excludes:

    1. A natural or juridical person, or any other body, who performs such functions as instructed by another person or organization; or

    2. A natural person who processes personal data in connection with his or her personal, family, or household affairs.

  10. “Personal Information Processor” refers to any natural or juridical person or any other body whom a personal data controller may outsource or instruct the processing of personal data pertaining to a data subject;

  11. “Visitor” refers to any person who uses Xcruit’s website, other than as a Candidate or a Employer.

  12. “Website” means the website that can be accessed at this address: https://www.xcruit.com.

2. About Xcruit

Xcruit operates as an online platform where jobseekers, referred to as “Candidates,” and employers, referred to as “Employers,” are matched.

Unlike any other online platform for jobseekers, Xcruit offers a portal where Candidates are given a wider range of local opportunities, and further offers career opportunities overseas.

Xcruit also provides its Candidates with opportunities for competency development in order to properly guide them in their respective careers of choice.

3. How We Work

Xcruit creates a pool of fresh candidates from its interested Candidates who apply and submit or create their curricula vitae online by registering with Xcruit’s website. The curricula vitae of the Candidates in the pool would then be made available to Employers who have registered with Xcruit.

During the registration, Candidates would be given an opportunity to create their profiles, upload or create their curricula vitae, and identify job preferences, which would then be properly categorized and matched with existing job opportunities.

After registration, a Candidate would be able to see the existing job opportunities posted by different employers, and would be able to apply for the job posting.

4. Our Services

For Candidates

Xcruit creates a venue where Candidates may search, browse, and apply for jobs online through its website and mobile applications. Xcruit also provides an automated and platform to accurately match Candidates with Employers, and Employers with Candidates.

Xcruit also provides free online consultation for Candidates who wish to ask for guidance in their prospective careers, as well as resume enhancement, in order for Employers to properly appreciate the capabilities of the Candidates.

For Employers

Xcruit provides a database of its pool of candidates which can be accessed by interested Employers, after registration.

Employers would also be given an opportunity to publish vacancies in their companies, as well as to advertise its products, opportunities, and services in Xcruit’s website.

For more information Xcruit’s services, please visit www.xcruit.com.

5. Personal Data Collected

When you access our website, register, or upload or create your curriculum vitae in our website, you necessarily share with us your personal data which we may use in providing you with our services.

For Candidates

When Candidates register in our website, we collect the following Personal Data which may necessarily be included in a Candidate’s curriculum vitae:

  1. Name;

  2. Gender;

  3. Email;

  4. Mobile Number;

  5. Current Job Title;

  6. Current Salary;

  7. Date of Birth;

  8. Civil Status;

  9. Address, current location;

  10. Nationality;

  11. Professional Summary;

  12. Curriculum Vitae;

  13. Educational Background;

  14. Previous Work Experience;

  15. Skills;

  16. Languages spoken and understood; and

  17. Images;

Personal Data collected from Candidates may be shared with registered Employers whose identities and capacities are screened by Xcruit in order to ensure the safety and privacy of Candidates, as well as to ensure that Personal Data shared may only be used for legitimate purposes.

Xcruit does not share Personal Data to third parties who are not registered with Xcruit, online or offline.

From Employers

In order to ensure the legitimacy of Employers to which Personal Data of Candidates are shared with, Xcruit collects the following information from Employers upon registration online:

  1. Company Name;

  2. Name of Contact Person or representative;

  3. Email;

  4. Website;

  5. Industry;

  6. Company Size;

  7. Mobile Number;

  8. Contact Details;

  9. Location; and

  10. Company Logo.

Xcruit may also collect other information which may include information from Employers offline, such as:

  1. Name of Company Representatives;

  2. Billing Addresses;

  3. Job openings; and

  4. Registration papers from the relevant government institutions such as the Securities and Exchange Commission, and other information which would confirm the identity and/or authority of the Employer;

Whenever a Candidate or a Employer registers, they may be required to fill up online forms which ask them to provide information which are marked as “Required Fields,” in which case, the Candidate or Employer must provide the information, and agree to the processing of such personal data by Xcruit. If the Candidate or Employer does not agree to provide the information in the “Required Field,” which shall only be used by Xcruit in accordance with this Privacy Notice, Xcruit will not be able to provide its services to the Candidate or Employer, and their respective registrations may be rejected.

6. How Xcruit Collects Personal Data

From Candidates

Xcruit Collects Personal Data from its Candidates, when they register through the website, or when they submit their curriculum vitae through the website. Among the information collected from Candidates are as follows:

  1. Name;

  2. Gender;

  3. Email;

  4. Mobile Number;

  5. Current Job Title;

  6. Current Salary;

  7. Date of Birth;

  8. Civil Status;

  9. Address, or current location;

  10. Nationality

  11. Professional Summary;

  12. Curriculum Vitae;

  13. Educational Background;

  14. Previous Work Experience;

  15. Languages spoken and understood; and

  16. Images.

From Employers

Xcruit may collect information from Employers, online through its website, or offline, through its sales department.

Xcruit collects the following information from Employers, when they register online:

  1. Company Name;

  2. Name of Contact Person or representative;

  3. Email;

  4. Website;

  5. Industry;

  6. Company Size;

  7. Mobile Number;

  8. Contact Details;

  9. Location; and

  10. Company Logo.

Should a Employer opt to avail of other paid services of Xcruit, such as advertising, and access to specific accounts, Xcruit may collect the following information from the Employer offline:

  1. Name of Company Representatives;

  2. Billing Addresses;

  3. Job openings; and

  4. Registration papers from the relevant government institutions such as the Securities and Exchange Commission, and other information which would confirm the identity and/or authority of the Employer

7. Period of Collection of Personal Information

From Candidates

Xcruit collects Personal Data from Candidates when they register online.

Xcruit also collects Personal Data, every time a Candidate changes or revises his or her profile.

If a Candidate refers a friend or another Candidate, Xcruit would be collecting Personal Data from the person referred to Xcruit.

From Employers

Xcruit collects information from its Employers when they register online, and also offline, when Employers subscribe to other services.

Xcruit also collects information every time Employers update their profile and account information.

8. Use of Personal Data

Xcruit only uses your Personal Data and other information for legitimate purposes and transactions which are necessarily involved in managing and developing its website or any of its mobile apps, and providing you with its services, and conducting its business.

9. Purposes of Collecting and Use of Personal Information

From Candidates

Xcruit collects Personal Data from candidates for the following purposes:

  1. Help a Candidate realize his or her full potential;

  2. Facilitate a Candidate’s registration with Xcruit;

  3. Verify the identity of a Candidate;

  4. Help the candidate upgrade his or her curriculum vitae;

  5. Detect any kind of fraudulent activity or abuse, in the use of the website;

  6. Provide the Candidate services which he or she has availed;

  7. Contact the Candidate for any purpose relating to his or her registration and possible employment;

  8. Properly match the Candidate with a Employer;

  9. Verify the qualifications entered by the Candidate through the website;

  10. Contact previous employers and references for verification;

  11. Resolve any queries, and issues, which the Candidate may have in relation to the services which he or she has availed;

  12. Understand and analyze the Candidate’s information and needs to enable Xcruit to further enhance its services;

  13. Send notices to the Candidate, including seasonal greetings;

  14. Send advice and information about the new job opportunities, and latest employment trends;

  15. Conduct research and development for the website;

  16. Conduct an analysis of all personal preferences of the Candidate in order to develop new services;

  17. Provide a Candidate with the proper advice, should the Candidate avail of its free online consultation.

From Employers

When you share your Personal Information with Xcruit, we may use the same to send you marketing and/or promotional material from time to time. You may opt to stop receiving our messages informing us through the links provided in them.

Xcruit collects information from Employers for the following purposes:

  1. Facilitate the registration of the Employer with Xcruit;

  2. Ensure the legitimacy and/or authority of the Employer;

  3. Ensure correct and prompt billing when a Employer avails of the services of Xcruit;

  4. Timely and properly assist the Employer, should the Employer have any issue which would arise out of its transactions with Xcruit;

  5. Properly match a Employer with a Candidate;

  6. Verify the identity of the Employer;

  7. Detect any kind of fraudulent activity or abuse in the use of the website;

  8. Understand and analyze the Employer’s information and needs to enable Xcruit to further enhance its services;

  9. Send notices to the Employer, including seasonal greetings;

  10. Send information about new market trends;

  11. Conduct research and development for the website;

  12. Conduct an analysis of all personal preferences of the Employer in order to develop new services;

If you do not consent to the processing of your Personal Data for the above mentioned purposes, you must discontinue using our website and mobile applications, and terminate any agreement which you may have with Xcruit.

10. Sharing and Disclosures

Xcruit shares the information gathered from the Candidates to the Employers and vice versa, as such is the main purpose of the website, any of its mobile apps – to create an online platform, where Candidates and Employers match.

Personal Data may be shared by Xcruit with its affiliates based in other countries for proper job matching.

Xcruit may also share your Personal Data to accredited third-parties, which Xcruit has partnered with, or could have partnerships with in the future.

Third parties provide certain services available on www.Xcruit.com on Xcruit's behalf. Xcruit may provide information, including Personal Data, that Xcruit collects on the web to third-party service providers to help us deliver programs, products, information, and services. Service providers are also an important means by which Xcruit maintains its web-sites, any of its mobile apps, and most of its services. Xcruit will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Data on Xcruit's behalf.

Xcruit does not intend to transfer Personal Data without your consent to third parties who are not bound to act on Xcruit's behalf unless such transfer is legally required. Similarly, it is against Xcruit's policy to sell Personal Data collected online without consent.

Xcruit may share your Personal Data and other information to the following persons, entities, and affiliates of Xcruit, as well as third-parties:

  1. Prospective Employers;

  2. Prospective Employees;

  3. Career Consultants of Xcruit;

  4. Xcruit Affiliates;

  5. Xcruit Counterparts overseas;

  6. Advertisers;

  7. Third-Party Service Providers;

  8. Xcruit staff charged with research and development;

  9. Organizations or groups partnered with Xcruit for purposes of career improvement and related service enhancements;

  10. Government offices, agencies, and other governmental bodies, when required to do so, under authority of the law, or for purposes of crime prevention, or for the prosecution and apprehension of any offender, detection of fraud, or for any investigation under any subpoena, or other lawful order of the courts or quasi-judicial agencies.

  11. To any court, board, or governmental agency, when required to do so, under subpoena or any other lawful process.

Data Protection

Xcruit implements reasonable and appropriate technical, organizational, and physical security measures to ensure that your Personal Data is protected.

The security measures aim to maintain the availability, integrity and confidentiality of Personal Data, and are intended for the protection of personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any unlawful processing.

Xcruit ensures that Personal Data gathered from Candidates are only shared, with Qualified Employers whose identities, and capacities have been screened, and confirmed by Xcruit.

Your Personal Data is likewise shared and transmitted only to Third-Parties whose identities have been confirmed by Xcruit, and have undergone a background check.

In case of transfer of your Personal Data, the transmittal shall only be made through secured channels.

Confidentiality

Our employees shall operate and hold your Personal Data under strict confidentiality. They are required to sign non-disclosure agreements and have received training on Xcruit’s privacy and security policies to ensure confidentiality and security of Personal Data.

11. Cookies and other Tracking Technologies

Some of our web pages utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about activity on the web site. Some cookies and other technologies may serve to recall Personal Information previously indicated by a Web user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.

Tracking technologies may record information such as internet domain and host names; internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our site is accessed. Our use of cookies and other tracking technologies allows us to improve our web site and your web experience. We may also analyze information that does not contain Personal Information for trends and statistics.

12. Storage and Security of Personal Information

All information gathered from the website is stored on a secured database server based in Singapore. Xcruit has undertaken appropriate technological, organizational, and physical security measures to protect any and all information shared with it, from unauthorized access, unauthorized alteration, and unauthorized disclosure.

13. Third Party Transfer

Xcruit shares the information gathered from the Candidates to the Employers and vice versa, as such is the main purpose of the website – to create an online platform, where Candidates and Employers match.

Personal Data may be shared by Xcruit, with its affiliates based in other countries for proper job matching.

Xcruit may also share your Personal Data to accredited third-parties, which Xcruit has partnered with, or could have partnerships with in the future.

Third parties provide certain services available on the website or mobile apps on Xcruit's behalf. Xcruit may provide information, including Personal data, that Xcruit collects on the web to third-party service providers to help us deliver programs, products, information, and services. Service providers are also an important means by which Xcruit maintains its web sites and mailing lists. Xcruit will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on Xcruit's behalf.

Xcruit does not intend to transfer Personal Information without your consent to third parties who are not bound to act on Xcruit's behalf unless such transfer is legally required. Similarly, it is against Xcruit's policy to sell Personal Information collected online without consent.

Xcruit may share your Personal Data to the following, third-parties:

  1. Prospective Employers;

  2. Prospective Employees;

  3. Career Consultants of Xcruit;

  4. Xcruit Affiliates;

  5. Xcruit Counterparts overseas;

  6. Advertisers;

  7. Third-Party Service Providers, including Digital Platforms for marketing purposes;

  8. Xcruit staff charged with research and development;

  9. Organizations or groups partnered with Xcruit for purposes of career improvement and related service enhancements;

  10. Government offices, agencies, and other governmental bodies, when required to do so, under authority of the law, or for purposes of crime prevention, or for the prosecution and apprehension of any offender, detection of fraud, or for any investigation under any subpoena, or other lawful order of the courts or quasi-judicial agencies.

  11. To any court, board, or governmental agency, when required to do so, under subpoena or any other lawful process.

If you do not consent to the sharing of your Personal Data for the above mentioned purposes, you must discontinue using its website, and terminate any agreement which you may have with Xcruit.

14. Retention Period

Xcruit shall not store and retain Personal Data and other information gathered for a period longer than necessary, and without the consent of the Candidate or the Employer.

Xcruit shall only keep any personal data, and store and use the same for so long as the Candidate or the Employer has active transactions with Xcruit.

15. Updating Personal Information

Candidates and Employers may update their information by accessing their account through the website.

Candidates and Employers may also ask Xcruit to delete or modify their personal data, which have been stored in the Database servers. Should a Candidate or a Employer wish to ask for a copy of their information stored with Xcruit, they may communicate with Xcruit through the contact information provided below.

16. Your Rights Under the Data Privacy Act

Xcruit respects the rights of Data Subjects which may necessarily include Candidates and Employers.

As a Data Subject, you have the following rights in connection with the Processing of your Personal Information:

  1. The right to be informed

  2. The right to object

  3. The right to access

  4. The right to rectification

  5. The right to erasure or blocking

  6. The right to damages

  7. The right to data portability

A. The right to be informed

You have the right to be informed, as to whether the Personal Information pertaining to you, shall be, are being, or have been processed.

As a Data Subject, you shall be notified and furnished with information indicated hereunder before the entry of your Personal Information into the records of Xcruit:

  1. Description of the Personal Data or information to be entered into the system;

  2. Purposes for which they are being or will be processed, including Processing for direct marketing, profiling or historical, statistical or scientific purpose;

  3. Basis of Processing, when Processing is not based on your consent;

  4. Scope and method of the Personal Data Processing;

  5. The recipients or classes of recipients to whom the Personal Data are or may be disclosed or shared;

  6. Methods utilized for automated access, if the same is allowed by the Data Subject, and the extent to which such access is authorized, including meaningful information about the logic involved, as well as the significance and the envisaged consequences of such Processing for the Data Subject;

  7. The identity and contact details of the DPO;

  8. The period for which the Personal Data will be stored; and

  9. The existence of your rights as Data Subjects, including the right to access, correction, and to object to the Processing, as well as the right to lodge a complaint before the National Privacy Commission.

B. Right to Object

You have the right to object to the Processing of your Personal Information, including Processing for direct marketing, automated Processing or profiling.

You also have the right to be given notice, and opportunity to withhold your consent to the processing of your Personal Information, in case there are changes to the information which have been supplied to you by Xcruit relating to direct marketing, automated processing or profiling.

Should you withhold consent, Xcruit shall no longer process your Personal Information or Personal Data, unless:

  1. The Personal Data is needed pursuant to a subpoena;

  2. The Processing is for obvious purposes, including, when it is necessary for the performance of or in relation to a contract or service to which the Data Subject is a party, or when necessary or desirable in the context of an employer-employee relationship between Xcruit and the Data Subject; or

  3. The Personal Data is being collected and processed to comply with a legal obligation.

C. Right to Access

You have the right to reasonable access to, upon demand, the following:

  1. Contents of your Personal Data that were processed;

  2. Sources from which Personal Data were obtained;

  3. Names and addresses of recipients of the Personal Data;

  4. Manner by which your Personal Data were processed;

  5. Reasons for the disclosure of the Personal Data to recipients, if any;

  6. Information on automated processes where the Personal Data will, or is likely to, be made as the sole basis for any decision that significantly affects or will affect you;

  7. Date when Personal Data concerning you were last accessed and modified; and

  8. The designation, name or identity, and address of the DPO.

D. Right to Rectification

You have the right to dispute the inaccuracy or rectify the error in your Personal Data, and Xcruit shall correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the Personal Data has been corrected, Xcruit shall ensure the accessibility of both the new and the retracted Personal Data and the simultaneous receipt of the new and the retracted Personal Data by the intended recipients thereof: Provided, That recipients or third parties who have previously received such processed Personal Data shall be informed of its inaccuracy and its rectification, upon your reasonable request.

E. The right to erasure or blocking

You have the right to suspend, withdraw, or order the blocking, removal, or destruction of your Personal Data from Xcruit’s filing system.

  1. This right may be exercised upon discovery and substantial proof of any of the following:

    1. (a). The Personal Data is incomplete, outdated, false, or unlawfully obtained;

    2. (b). The Personal Data is being used for purpose not authorized by the Data Subject;

    3. (c). The Personal Data is no longer necessary for the purposes for which they were collected;

    4. (d). You withdraw your consent or you object to the Processing, and there is no other legal ground or overriding legitimate interest for the Processing by the Company;

    5. (f). The Personal Data concerns private information that is prejudicial to you, unless justified by freedom of speech, of expression, or of the press or otherwise authorized;

    6. (g). The Processing is unlawful; or

    7. (h). Your rights have been violated.

  2. The DPO may notify third parties who have previously received such processed Personal Data that you have withdrawn your consent to the Processing thereof upon your reasonable request.

F. Right to Damages

You have the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, taking into account any violation of your rights and freedoms as data subject.

G. Right to Data Portability

Where personal data is processed by electronic means, and in a structured and commonly used format, you have the right to obtain from the personal information controller a copy of data undergoing processing in an electronic or structure format, which is commonly used and allows for further use.

H. Participation of Data Subjects

Xcruit encourages its Candidates and Employers to take an active role in the protection of their Personal Data, and the Candidates and Employers are welcome to any further suggestions that they may make in order to protect their Personal data when they avail of Xcruit’s services.

Candidates and Employers may freely opt not to disclose some of their Personal data, however, there are personal data which, by the nature of the services being offered by Xcruit, are required to be disclosed to Xcruit in order for the Candidate or the Employer to avail of the said service. Should the Candidate or Employer refuse to disclose such necessary information, Xcruit may not be able to fully provide the Candidate or the Employer with its services, and its application or registration may be rejected.

If you do not agree with the collection, and processing of your personal data, as discussed in this Notice, you must stop using Xcruit’s website or any of its platforms.

17. External Links

There may be instances where the website would provide hyperlinks leading to other external websites on the Internet.

These hyperlinks may lead to other websites and webpages which are published, and operated by third parties which are not connected to Xcruit, but are included in our website to enhance your user experience, and presented for information purposes.

Xcruit endeavors to select only reputable websites and sources of information for the convenience of its Candidates and Employers.

Unless clearly stated by Xcruit, by providing the hyperlinks to other websites, Xcruit shall not be deemed to have endorsed, approved, recommended, advertised, approved, or guaranteed, these third party websites as well as their products or services posted or advertised in their websites.

Xcruit does not also have any partnership, cooperation, or agreement with these third party publishers, unless otherwise stated.

Xcruit is not responsible for any content of the websites where the hyperlinks are linked to.

Should you choose to click and follow any of these links, Xcruit shall not be responsible for any risks, damages, or losses which you may incur or suffer, arising out of or in connection with your use of their link.

Any information which you may divulge with the websites in the said links is the liability of the said website publisher or owner, and shall in no case be the liability of Xcruit.

Please see Xcruit’s Terms and Conditions, Section 10, for more information.

18. Effectivity

Xcruit’s Privacy Notice is effective as of 23 November 2018 and until such time that the same is updates.

19. Acceptance of this Data Privacy Notice

This Data Privacy Notice applies to all Personal Data which we may collect from you.

By accessing our website, or by using any of our mobile applications, or by providing us with your personal data, you warrant that you have read and understood the contents of this Data Privacy Notice and accept its contents, fully knowledgeable of the effects and consequences of using our website.

You also agree that by using and registering with our website or by using any of our mobile apps, or availing any of our services, that your Personal Data may be collected, used, stored, and shared to accredited third parties, and that you have given your consent to the said collection, use, storing, and sharing of your Personal Data.

If you do not agree with this Privacy Notice, please do not use our website or any of our mobile apps, or provide us with any Personal Data.

Xcruit reserves the right to amend this Privacy Statement to remain compliant with any changes in law and regulations, and to reflect how our business processes personal data.

Contact Information

Should you have any questions, clarification, and inquiries about your Privacy Notice, you may contact us through our Data Protection Officer:

Contact Number : +63 2 4782817

Email Address : info@xcruit.com

You may also contact us through our website through the following link:

Contact Us

Acknowledgement

By clicking continue, you consent to Xcruit to collect and process personal data that you may provide. The collection and processing of personal data is governed by the applicable data privacy regulations such as the Data Privacy Act of 2012, its Implementing Rules and Regulations, other applicable laws, and by the relevant clauses of the Xcruit Terms and Conditions