ON-THE-JOB TRAINING (OJT) AGREEMENT

This AGREEMENT made and entered into this April 13, 2018 by and between:

SMART COMMUNICATIONS, INC., a domestic corporation duly organized and existing

under the laws of the Philippines, with principal business address at SMART Tower 6799
Brgy. Bel-Air, Ayala Ave., Makati City, represented in this act by its Talent Acquisition
Manager, Rowena T. Vasquez, hereinafter referred to as the “Sponsor Company”;

-and-

PAMANTASAN NG CABUYAO, an educational institution duly organized and existing

under Philippine Laws, with principal office address at Katapatan Homes, Brgy. Banay-
banay, City of Cabuyao, Laguna, represented in this act by its University President, Dr.
Isabel F. Inlayo, hereinafter referred to as the “School”;

-and-

GENELYN D. NEGRETE, 20 years of age, Filipino, and a resident of Blk 5 Lot 21 Major
Homes Subd., Brgy. Siranglupa, Calamba City, Laguna represented in this act by his/her
parent/guardian Nelita D. Negrete hereinafter referred to as the “Trainee”.

The Sponsor Company, the School, and the Trainee shall hereafter be collectively known as the
“PARTIES”.

WITNESSETH that:

WHEREAS, the Sponsor Company has an existing OJT program (hereinafter referred to as the
“PROGRAM”) for college students as part of their corporate social responsibility;

WHEREAS, the School has an existing curriculum for OJT and internship, and wishes to enroll the
Student in the PROGRAM of the Sponsor Company;

WHEREAS, the TRAINEE has agreed to be placed under the PROGRAM of the Sponsor Company,
and has passed the admission process conducted by the Sponsor Company;

NOW THEREFORE, in view of the foregoing premises, the parties hereby agree and covenant as
hereinafter set forth:
1. The Sponsor Company shall:

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 a. Provide communication and personality training for his/her holistic development;

b. Not expose the Trainee to hazardous activities; and

c. Issue certificate of completion and accomplish necessary completion/grade reports at the end
of the Program.

2. The Trainee shall:

a. Perform tasks and activities assigned to him by the Sponsor Company in the positions assigned
to him;

b. Strictly adhere to the rules and regulations of the Sponsor Company;

3. The School shall:

a. Assign coordinators who will do rounds at Sponsor Company premises, with whom the
Sponsor Company can discuss any pertinent issues concerning the Student and the Program;

b. Ensure that the Student will comply with all the rules and regulations of the Sponsor
Company;

4. Due to the nature of the project which the Trainee may be assigned to, the Trainee may be posted,
sent, detailed or assigned to perform job, task, service or work outside the principal office of the
Sponsor Company at certain times of the day or for a definite period of time. Likewise, the Trainee
may also be required to report beyond the eight (8) working hours.

5. The Trainee is fully aware and hereby confirms that in the event of accident, industrial accident,
calamity, or unforeseen tragedy, sickness, illness or death while on field work, as long as the
foregoing did not arise by reason of the fault or gross negligence of the Sponsor Company, the
Trainee shall have no claim or demand of whatsoever kind and nature against the Sponsor
Company, being not its employee.

6. The Trainee hereby forever waives and releases the Sponsor Company from any civil and criminal
liability in case of death or sickness, aggravated or potentially aggravated by the training program,
including any accident that may happen in the course of the on-the-job training, provided that
the main cause of death, sickness or accident is not the fault or gross negligence of the Sponsor
Company. Thus, the Sponsor Company shall not incur any criminal or civil liability on account
thereof.

7. Participation in the Program shall be restricted to students in the tertiary level.

8. The Sponsor Company may cancel or rescind this contract immediately, by written notice, for any
of the following reasons:

a. Trainee has exhibited undesirable behavior;

b. Commission of a crime by the Trainee during the existence of this agreement;

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 c. Commission by the Trainee of violation of Sponsor Company rules and regulations, and
industry practice; and

d. Violation by the Trainee of any of the terms of this agreement.

9. Whenever applicable, in performing its obligations under this contract, the INTERN shall, at all
times, comply with the provisions of Republic Act No. 10173 or “the Data Privacy Act of 2012,” its
implementing rules and regulations, and all other laws and government issuances which are now
or will be promulgated relating to data privacy and the protection of personal information. The
INTERN, its officers, employees, agents, and representatives, shall, among others:

a) Process personal data only upon the documented instructions of SMART, including
transfers of personal data to another country or an international organization, unless such
transfer is authorized by law;

b) Implement measures and systems such as clear written guidelines and training modules
for its employees, agents, and representatives, that will enable data subjects or
subscribers to exercise any and all of their rights under the Data Privacy Act of 2012;

c) Implement such measures and systems that will allow data subjects or subscribers to
exercise their right to object or withhold consent to further processing as provided under
the Data Privacy Act of 2012;

d) Implement such measures and systems that will allow data subjects or subscribers to
exercise their right to access under the Data Privacy Act of 2012;

e) Maintain proper records, and provide SMART access to such records, as will allow SMART
to comply with the exercise by data subjects or subscribers of their right to access under
the Data Privacy Act of 2012;

f) Ensure that data subjects or subscribers will be able to exercise their right to rectification,
modification, or blocking of data under the Data Privacy Act of 2012;

g) Determine the appropriate level of security measures, subject to, and in conjunction with,
that of SMART, taking into account the nature of the personal information to be
protected, the risks represented by the processing, the size of the organization and
complexity of its operations, current data privacy best practices, and cost of security
implementation;

h) Implement security measures for data protection (i.e., generally, the physical,
organization, and technical security measures prescribed by the Data Privacy Act and its
implementing rules and regulations), including policies for evaluation, monitoring, and
review of operations and security risks. These measures may include clear written
guidelines, training modules for its employees, agents, and representatives, and audit
measures in relation to the (1) collection, processing, maintenance, and deletion/disposal
of personal data and records; and (2) the sharing of these information, especially on the
specific persons to whom the information may be given access. Such measures shall aim
to maintain the availability, integrity, and confidentiality of personal data, and prevent

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 negligent, unlawful, or fraudulent processing, access, and other interference, use,
disclosure, alteration, loss, and destruction of personal data;

i) Implement reasonable and appropriate organizational, physical, and technical measures

intended for the protection of personal information against any accidental or unlawful
destruction, alteration, and disclosure, as well as against any other unlawful processing,
or for such other purposes as may be required under the Data Privacy Act of 2012 or any
other applicable law or regulation;

j) Implement reasonable and appropriate measures to protect personal information against

natural dangers such as accidental loss or destruction, and human dangers such as
unlawful access, fraudulent misuse, unlawful destruction, alteration, and contamination;

k) Ensure that its employees, agents, and representatives who are involved in the processing
of personal information operate and hold personal information under strict
confidentiality. This obligation shall continue even after their transfer to another position
or upon termination of their employment or contractual relations;

l) Not to engage another processor without prior PLDT: Provided, that any such
arrangement shall ensure that the same obligations for data protection under this
document are implemented, taking into account the nature of the processing;

m) In case of data breach, promptly notify SMART within twenty-four (24) hours or earlier
from the time of discovery, to enable SMART to notify the National Privacy Commission
and the affected data subject or subscriber within the period prescribed under the Data
Privacy Act of 2012, when sensitive personal information that may, under the
circumstances, be used to enable identity fraud are reasonably believed to have been
acquired by an unauthorized person, SMART, the INTERN, or the National Privacy
Commission believes that such unauthorized acquisition is likely to give rise to a real risk
of serious harm to any affected data subject or subscriber;

n) Promptly inform SMART if, in its opinion, any instructions of the SMART violates, or may
be construed to violate, any provision of the Data Privacy Act of 2012 or any other
issuance of the National Privacy Commission;

o) Assist SMART in ensuring compliance with the Data Privacy Act of 2012, its implementing
rules and regulations, other relevant laws, and other issuances of the National Privacy
Commission, taking into account the nature of processing and the information available
to the INTERN;

p) At the choice of SMART, delete, destroy, or return all personal data to the former after
the end of the provision of services relating to the processing: Provided, that this includes
deleting or destroying existing copies unless storage is authorized by the Data Privacy Act
of 2012 or another law;

q) Make available to SMART all information necessary to demonstrate compliance with the
obligations laid down in the Data Privacy Act of 2012, and allow for and contribute to
audits, including inspections, conducted by the SMART or another auditor mandated by
the latter; and

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 r) Include all the foregoing in the privacy and security policy of the INTERN.

SMART shall have the right to test and monitor compliance by the INTERN with the
aforementioned data privacy laws, administrative orders, and government issuances, and the
provisions of this paragraph. The INTERN agrees to immediately correct or introduce
improvements to its system should the results show failure by INTERN to comply with the
requirements of this paragraph, without prejudice to other remedies available to SMART under
this Agreement.

10. The Trainee shall not at any time or in any manner, either directly or indirectly,
divulge, disclose or communicate to any person, firm or corporation or use to the prejudice of the
Sponsor Company and its affiliate companies, any information affecting or relating to the business
of the Sponsor Company and its affiliate companies, its manner of operation, its plans or other
data which was disclosed to or acquired by the Trainee in the course of the Program, except when
such disclosure is required by law or order of a court with competent jurisdiction.

Except in the performance of tasks under Program, the Trainee is prohibited to make or cause to
be made any copies, pictures, duplicates, facsimiles or other reproductions or recordings or any
abstracts or summaries of any reports, studies, memoranda, correspondence, manuals, records,
receipts, plans, or any other written, printed or other recorded information of any kind belonging
to or in the possession of Sponsor Company.

11. This agreement takes effect on April 16, 2018 until May 18, 2018, or until the required number of
hours is complied with by the Trainee under the School curriculum.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures at 2F SMART Tower,
6799 Brgy. Bel-Air, Ayala Avenue, Makati City, on the date above-written.

SMART COMMUNICATIONS, INC. PAMANTASAN NG CABUYAO

Sponsor Company School

By:

Rowena T. Vasquez Dr. Isabel F. Inlayo

Manager, Talent Acquisition University President

Genelyn D. Negrete Nelita D. Negrete

Trainee Parent / Guardian