The protection of Clients with regard to privacy, confidentiality and content control shall be pursued through, and by means of, the choice of each Client who registers and logs-in in this website in accordance with the policy of the State on electronic commerce as provided under the Electronic Commerce Act of 2000 (R.A. 8792).
Definition of Terms
Personal information is any kind of information that Legalist can or may use on its own, or collectively with other information, to identify, contact or locate a person, or identify an individual, organization or any other juridical entity in pursuant to the legitimate purpose or purposes stated in this website.
Relevant information is any kind of information which is not included in the preceding definition but is necessary and desirable for the fulfillment of the obligation of Legalist under the contract with its Client.
Client, website user, subscriber, member, service provider shall refer to any person, individual or juridical entity who registers and Logs-in in the website for the purpose of purchasing or availing of any legal product or service offered in the website. They shall be collectively referred to and known herein as the Client.
Legalist, as used herein, shall refer to the in-house lawyer or e-lawyer, service provider contracted by Legalist, and the legal products and services offered, or being offered, in this website, including the website Administrator, its assigns, employees and agents.
Collection, Use and Storage of Personal and Relevant Information
Personal information collected through this website, chat box or email shall be stored and used singly or cumulatively for the following purposes:
1. To personalize your experience when using this website;
2. To allow Legalist to deliver the type of contract, agreement or correspondence, or any product or service you have selected and purchased through this website;
3. To allow Legalist or an e-lawyer, or any of the service providers contracted by Legalist to perform the service you have selected to contact you;
4. To administer a promotion, survey or other site features, and
5. To ask for ratings and reviews from Clients, website users and service providers, on products and services offering.
The Client agrees to provide accurate, true, relevant and necessary personal information, and confirms and acknowledges that he or she has been duly informed of the specified and legitimate purpose or purposes of the website for collecting such personal information, and the process and manner by which such personal information is collected and stored. Should the Client through mistake or inadvertence provide inaccurate, misleading, false or erroneous personal information he or she shall as soon as practicable, rectify or supplement such personal information by editing his or her profile.
Relevant information collected from the Client, whether personal or otherwise, shall be retained and stored for as long as necessary for the fulfillment of the purposes for which the data was obtained as mandated by law but not to exceed one year from the time such relevant information was obtained, except for personal information collected for historical, statistical or scientific purposes in accordance with the provisions of the Data Privacy Act of 2012 (R.A. 10173).
The Client and website user warrants and represents that the following conditions exist:
1. He/she has given his/her prior consent and approval to the collection of personal and relevant data and information;
2. The processing and storing of personal and relevant data and information by Legalist is necessary and related to the fulfillment of the Client’s contract with Legalist, or to accept the offer of the Client to enter into a contract with Legalist, or an e-lawyer, in order to avail of the legal products and services offered in this website;
3. The processing of personal information is necessary for compliance with the legal obligation of Legalist under the Data Privacy Act of 2012;
4. The processing is necessary to protect the interest of the Client, website user or service provider contracted by Legalist;
5. The processing is necessary for the purpose of pursuing the legitimate services and products offered by Legalist or by a service provider to whom the data or information is disclosed.
The Client hereby gives his/her consent to the collection, processing and storage of personal and relevant information, and in disclosing such relevant data and information to a service provider contracted by Legalist, and such other privileged information disclosed or given from time-to-time, by representing that:
1. All parties to the contract have given their consent prior to collection and processing;
2. The processing is necessary to protect the life, property, liberty and general welfare of the Client. Third party users have been duly authorized by the Client, author or originator of such personal and relevant information, or any court or competent authority, to disclose such information to Legalist, and the author or originator of the information suffers from physical disability to express his/her consent to the processing;
3. The processing concerns such personal information as is necessary for the protection of lawful rights and interests of persons or juridical entities in any proceeding, or in the exercise or defense of legal claims, or when provided to government or public authority.
Legalist has the right to invoke the principle of privileged communication for non-disclosure of personal and relevant information except as authorized by law and legal processes. The Client shall have the right to obtain from Legalist a copy of data undergoing processing in an electronic or structured format, subject to the rules and regulations provided under the Data Privacy Act of 2012 and the Privacy Commission’s rules and regulations prescribing the technical standards, modalities and procedures for their transfer.
Public Officials and Employees
Any public official who avails of the legal products and services in this website without disclosing his/her position in the government service does so in his/her personal capacity, and cannot therefore claim to represent the government or any of its instrumentality, bureau, office or agency.
Legalist shall not be compelled to disclose personal and relevant information disclosed by a public official in his/her personal capacity pursuant to the Freedom of Information Executive Order.
The Client represents that he/she is fully cognizant and satisfied of the physical and technical measures undertaken and implemented by Legalist for the protection and security of personal information against any accidental or unlawful destruction, alteration and disclosure, or any other unlawful processing, as well as against natural dangers such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration, hacking and contamination.
The following safeguards and measures implemented by Legalist to protect its computer network against accidental, unlawful or unauthorized usage or interference with or hindering of their functioning or availability and which have been made known to the Customer pursuant to the Electronic Commerce Act of 2000 are the following:
1. Security policies with respect to the collection, processing and storage of personal and relevant information; (These security policies shall be made available to the Client upon request and validation)
2. A systematic process is put in place to identify and access reasonably foreseeable vulnerabilities in its computer network, and for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach; and
3. Regular and vigilant monitoring by the website Administrator for possible security breaches and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach has been put in place.
4. Third party service providers or its sub-contractors processing personal data and information on behalf of Legalist has been mandated to implemented the strict security measures required by the above provision.
The Client represents that it has been made known to him/her, and that he/she is fully aware, that all employees, agents or representatives of Legalist who are involved in the collection and processing of personal information, electronic data and document, operate and hold all information of each Client under strict confidentiality, and in pursuant of such mandate, exercises extraordinary diligence in the performance of their duties, functions and responsibilities.
Legalist does not warrant that its website cannot be hacked or cannot be penetrated by viruses or malwares, any form of cyber-attack. Hacking or cracking refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document
Personal or Relevant Information provided by Third-Parties
Personal information or relevant information transmitted or submitted electronically through the website by a person who is not the originator or author of such information but represented to be the originator shall be considered Spurious Information.
Personal information or any kind of electronic data message or electronic document is deemed to be that of the originator Client if it was sent:
(a) By a person who had the authority to act on behalf of the originator with respect to that electronic data message or electronic document; or
(b) By an information and communications system programmed by, or on behalf of the originator to operate automatically.
The content of personal information or electronic data provided by third parties shall not be altered or modified without the prior consent and approval of the originator and Legalist. Any alteration, modification or removal of personal information may be done only by the Client.
Legalist is presumed to have no actual knowledge of the originator or author of any electronic data or document other than which is disclosed by the Client. Accordingly, Legalist shall not be held liable for its consequent action on any of its offered products and services upon reliance that such personal or relevant information, or electronic data or document originated from the Customer, or that the Client has been duly authorized by the originator, or which the relevant information, electronic data or document purports to have been that of the originator.
Legalist is presumed to have no actual knowledge in respect to any information or electronic data message or electronic document received, collected and processed, for any possible infringement of copyright or intellectual property right that may be subsisting in or in relation to such electronic data or document, Provided, that having become aware Legalist advises the affected parties to refer the matter to the appropriate authority.
Legalist does not warrant the genuineness, authenticity, due execution or integrity of any electronic document, or signature provided by a Client, or the veracity or truthfulness of the contents thereof, or its validity under existing law.