Project Alaga

Parties to This Agreement

This Agreement is entered into by and between the Project Alaga Household Enumeration Program (hereinafter, the “Program”), operating under the authority of the relevant Local Government Unit of Northern Samar and authorized national agencies; and you, as a duly registered enumerator, supervisor, or administrator (hereinafter, the “Personnel”), whose identity is evidenced by your registered username and the timestamp of this agreement permanently recorded in the Program’s audit log.

I. Nature and Purpose of Data Collected

The Program collects sensitive personal information from households in Northern Samar, including:

• Full names of household members
• Residential addresses and geographic coordinates (GPS data)
• Economic status, income classification, and social welfare information
• Government aid program participation (4Ps, DSWD, TUPAD, etc.)
• Government-issued identification numbers (where disclosed by the data subject)
• Photographs of household members and properties
• Community needs and assistance requests submitted by the household

This data is collected exclusively for the official household enumeration program and shall be processed solely for public service delivery, resource allocation, and official reporting to authorized government agencies.

II. Your Obligations as Data Processor (RA 10173, Sec. 16–18)

As Personnel with access to the Program, you are a Data Processor under Section 3(h) of the Data Privacy Act of 2012 and are bound by the following obligations:

1. Transparency — You shall not misrepresent the purpose of data collection to any household respondent (data subject).
2. Legitimate Purpose — You shall process personal data only for the stated enumeration purposes and for no other reason whatsoever.
3. Proportionality — You shall collect only information that is necessary and relevant to the enumeration program.
4. Data Security — You shall take all reasonable precautions to prevent unauthorized access to any device or account used for enumeration. You shall not share your login credentials with any other person.
5. Rights of Data Subjects — You shall inform household respondents of their right to access, correct, and object to the processing of their personal data as provided under RA 10173.

III. Non-Disclosure and Confidentiality Obligations

You expressly covenant and agree that:

1. All household records, personal data, photographs, GPS coordinates, aid classification data, and any other information collected through or viewed within the Program are strictly confidential sensitive personal information under Section 3(l) of RA 10173.
2. You shall NOT disclose, share, publish, post, transmit, sell, or otherwise make available any enumeration data to any person or entity not authorized by the Program — whether in full or in part, in any form or medium, including but not limited to social media platforms, messaging applications, email, printed or physical materials, or verbal communication.
3. You shall NOT use enumeration data for any personal, commercial, political, or other unauthorized purpose.
4. You shall NOT retain or copy data beyond the scope of your assigned enumeration duties.
5. Your confidentiality obligations under this Agreement shall survive the termination or completion of your engagement with the Program.

IV. Authorized Use Only

Access to the Program is granted solely for official enumeration activities within your assigned barangay and municipality. Any access, use, or dissemination of data beyond the scope of your assigned role constitutes unauthorized processing under RA 10173 and may constitute a criminal offense under RA 10173, RA 10175, and other applicable Philippine laws.

V. Additional Liability Under the Cybercrime Prevention Act (RA 10175)

Because this Program is a computer-based information system, your use of it also falls within the scope of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175). The following offenses under RA 10175 are directly relevant to your access and use of this Program:

1. Illegal Access (Sec. 4(a)(1)) — Accessing the Program without authority, beyond your assigned scope, or by using another person’s login credentials constitutes Illegal Access under RA 10175, regardless of whether any data is taken or disclosed.
2. Data Interference (Sec. 4(a)(3)) — Intentionally altering, damaging, deleting, or suppressing enumeration records or any data within the Program constitutes Data Interference and is punishable independently of any RA 10173 violation.
3. Computer-related Fraud (Sec. 4(b)(1)) — Inputting, altering, or deleting household data with fraudulent intent — such as falsifying records for personal, political, or financial benefit — constitutes Computer-related Fraud under RA 10175.
4. Aiding or Abetting (Sec. 5) — Sharing your login credentials, allowing any other person to use your account, or otherwise facilitating unauthorized access by another person constitutes Aiding or Abetting under RA 10175 and carries the same penalty as that of the principal offender.
5. Penalty Escalation (Sec. 6) — Any violation of RA 10173 (Data Privacy Act of 2012) committed through a computer system, the internet, or any other electronic or digital means — as is necessarily the case when using this Program — shall carry a penalty one (1) degree higher than that prescribed under RA 10173. Offenses under Sections 4(a) and 4(b) of RA 10175 are each punishable by imprisonment of six (6) years and one (1) day to twelve (12) years (prisón mayor) and/or a fine of ₱200,000 to ₱1,000,000.

VI. Intellectual Property Rights (RA 8293)

This system — including but not limited to its source code, design, user interface, layout, features, workflows, and all associated digital assets — is an original computer program and creative work designed and developed solely by Clark Carpio (Software Developer/Engineer/Designer), and is protected under Republic Act No. 8293 (Intellectual Property Code of the Philippines).

1. Ownership — All intellectual property rights to this software, including copyright, belong exclusively to Clark Carpio. No transfer of ownership or rights is implied by your access to or use of this system.
2. Limited License — Your access constitutes a limited, non-exclusive, non-transferable, and revocable license to use the software solely for authorized enumeration activities under this Program. This license does not extend beyond your assigned duties and terminates automatically upon the conclusion of your engagement with the Program.
3. Prohibited Acts — You are expressly prohibited from:
   • Copying, reproducing, or duplicating any portion of the source code, design, or interface
   • Distributing, sublicensing, or transferring the software or any derivative to any third party
   • Reverse-engineering, decompiling, or disassembling any component of the system
   • Creating derivative works based on or substantially similar to this system
   • Claiming authorship of or representing any part of this system as your own work
4. Penalties under RA 8293 (Sec. 217) — Copyright infringement is punishable by:
   • First offense: imprisonment of 1 to 3 years and a fine of ₱50,000 to ₱150,000
   • Second offense: imprisonment of 3 to 6 years and a fine of ₱150,000 to ₱500,000
   • Third and subsequent: imprisonment of 6 to 9 years and a fine of ₱500,000 to ₱1,500,000
5. Aggravated Liability — When infringement is committed through computer systems or digital means, additional liability under RA 10175 (Cybercrime Prevention Act of 2012) may also apply concurrently.

VII. Criminal and Civil Penalties for Violation

Violations of this Agreement and of the Data Privacy Act of 2012 are subject to the following penalties:

VIII. Duty to Report Security Incidents

You are required to immediately report to your supervisor or the Program Administrator any:

• Loss or theft of a device containing enumeration data
• Unauthorized access to the Program by any person
• Suspected data breach, security incident, or unauthorized disclosure

Failure to report a known data breach may itself constitute a separate violation under Section 31 of RA 10173 (Concealment of Security Breach), punishable by imprisonment of 1½ to 5 years and a fine of ₱500,000 to ₱1,000,000.

IX. Legal Effect of Your Digital Agreement

By ticking the checkbox below and clicking “I Agree & Continue,” you:

1. Confirm that you have read and fully understood this entire Agreement;
2. Voluntarily and freely give your informed written consent as required under RA 10173;
3. Agree to be legally bound by all terms and obligations herein;
4. Acknowledge that your username, device information, date, and exact time of this agreement are permanently recorded in the Program’s audit log as evidence of your consent and may be used in proceedings; and
5. Waive any defense based on alleged lack of notice of the obligations and penalties described above.

This digital agreement constitutes a valid and binding contract enforceable under Philippine law, including Republic Act No. 8792 (Electronic Commerce Act of 2000), which recognizes electronic signatures and digital records as legally equivalent to their written paper counterparts. This record may be submitted as competent evidence in administrative, civil, or criminal proceedings arising from any violation of this Agreement.

Legal Bases: RA 10173 (Data Privacy Act of 2012) • RA 10175 (Cybercrime Prevention Act of 2012) • RA 8293 (Intellectual Property Code of the Philippines) • RA 6713 (Code of Conduct for Public Officials and Employees) • RA 8792 (Electronic Commerce Act of 2000) • NPC Circular No. 2020-01 • NPC Advisory No. 2017-01