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Terms and Conditions

As of May 22, 2018

  1. INTRODUCTION.

    Your access and use of the Services constitute your agreement to be bound by these Terms, which establish a contractual relationship between you and FINTQ. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. FINTQ may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.You must be at least 18 years of age, or demonstrate that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms.FINTQ may amend the Terms related to the Services from time to time. Amendments will be effective upon FINTQ’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

 

  1.  DEFINITION.

    Account Monitoringrefers to the process of the system displaying all of the User’s accounts from the different services for their reference.Account Openingrefers to the process of creating a Savings Account for the User with their chosen KasamaKA Partner Bank under the Microdeposits service.

    Blacklist Checkingrefers to the process of the system sharing the User’s personal information with duly authorized third parties in order to search for any matches in international blacklists such as but not limited to Office of Foreign Assets and Control, Financial Action Task Force and others.

    Company” or “FINTQ refers to FINTQNOLOGIES Corp., which owns KasamaKA, its Services, and FINTQ’s affiliates and subsidiaries and other products.

    Credit Scoringrefers to the process of the system sharing the User’s personal information with duly authorized third parties in order to analyze the User’s transactions to determine credit worthiness.

    Customer refers to you as a user of the Services, and includes your agents, assigns, or successors, as well as your parents or legal guardians, as the case may be, for those below the age of majority.

    Database Upkeep and Maintenancerefers to the work needed to be done by the Company to ensure that its servers are operational.

    eKYC Verification refers to the process of the system sharing the User’s personal information with duly authorized third parties for the purpose of validating the contents of the User’s profile as true and correct.

    Identity Verificationrefers to the process of determining whether the Personally Identifiable Information entered by the User in KasamaKA is true, valid, and correct.

    Investment Placementrefers to the process of a User placing their funds into an investment vehicle provided by a KasamaKA Partner Institution under the Micro investments service.

     “Insurance Purchaserefers to the process of a User availing of and paying for an insurance product provided by a KasamaKA Partner Institution under the Microinsurance service.

    KasamaKA is a fully-digital, multi-channel, telco- and bank-agnostic financial services mobile application and online website (www.kasamaka.com) KasamaKA.

    KasamaKA Accountrefers to the user’s registration record created by the Customer in KasamaKA.

    KasamaKA Profile refers to the User Content shared by the Customer to KasamaKA that will be shared by FINTQ to the Partner Institutions in order to facilitate a Customer’s Account Opening.

    Partner Content refers to any content provided by KasamaKA Partner Institutions displayed and offered in the KasamaKA Platform, which includes, but are not limited to, interest rates, insurance benefits, investment performance, Net Asset Value Per Unit (NAVPU), amortization schedule, loan application progress, payment status, loan balance, loan promos, and other content related to the loan products of the KasamaKA Partner Institutions.

    Services means the features and functionalities of KasamaKA, including all associated platforms linked therein, including server and database, as well as all material, information, content, application and functionality available in and through them. Such Services include, but are not limited to, the creation of the Customer’s KasamaKA Account, completion of the KasamaKA Profile, opening of a savings account, placing funds into an investment account, and purchasing an insurance policy.

    Terms refers to this ‘Terms and Conditions’ including its subsequent amendments or revisions.

    User Content refers to any content generated or uploaded by a Customer of the Services, which includes photographs, videos, music or other multimedia files, documents, information, or anything else that can be stored electronically.

 

  1. USE OF SERVICES.

By accessing and using KasamaKA and its Services, the Customer agrees to have read and understood the following Terms.

    1. Use of the KasamaKA Service constitutes the express consent and conformity of the Customer to these Terms, without reservations.
    2. Customer acknowledges that the KasamaKA Account and KasamaKA Profile are necessary to carry out the Services.
    3. Customer accepts that in order to make use of KasamaKA’s Services, he/she must first create a KasamaKA Account and consequently fulfill all information requested in the KasamaKA Profile.
    4. In creating a KasamaKA Account, Customer affirms that he/she is providing Company with all his/her personal information both for the creation of the KasamaKA Account and the availment of the Services on a purely voluntarily basis and he/she, with full knowledge and understanding of the same, and consents to the use and processing thereof by the Company for the purposes stated in these Terms.
    5. Customer represents and warrants that all User Content entered in the KasamaKA Account and the KasamaKA Profile are true, correct and valid information. The Company will not be liable for any issues that may arise which may be caused by false, incorrect, or invalid information, which the Customer has entered in his/her KasamaKA Account, KasamaKA Profile, and relevant application forms for the other services offered in KasamaKA. The Customer may correct any erroneous or outdated information in his/her KasamaKa Account. Likewise, the Customer may correct his/her information which has been deemed false, incorrect, or invalid. The Customer holds the Company, free and harmless, and shall indemnify the Company, its affiliates and subsidiaries, and their directors, officers and/or employee against any and all claims, damages, actions, suits or other proceedings, and from any liabilities, costs, expenses (including legal fees), losses, and taxes arising from any party’s reliance upon the accuracy and correctness of such provided information. Such indemnification shall be without prejudice to the Company’s right to see legal recourse against the Customer for the recovery of damages arising from such misinformation and misrepresentation by the Customer.
    6. Customer hereby allows the Company to process the User Content provided by him/her in his/her KasamaKA Account, KasamaKA Profile, and/or account opening applications, and insurance purchase transactions to fulfill the present Services of KasamaKA, such as, but not limited to, Database Upkeep and Maintenance, Identity Verification, Account Opening, Insurance Purchase, Investment Placement and Account Monitoring as well as future functionality upgrades such as Credit Scoring, eKYC Verfication, Blacklist Checking, and other similar functions.
    7. Customer understands, consents and acknowledges that any enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services and as such shall likewise be covered by these Terms, and any subsequent revisions or amendments to the same.
    8. Customer expressly and unequivocally allows the Company to keep all of his/her supplied information in a database, which will be processed, operated and maintained by the Company. Customer understands that the said database, and the contents thereof, is subject to the control and disposition of the Partner Institution. However, if the data was acquired by Company through the Customer’s KasamaKA Account or through other products of Company, whether such data was acquired before or after Customer has availed of KasamaKA or any of its services, this database shall be owned by Company and shall be the Personal Information Controller of such data in accordance with relevant data privacy laws and regulations.
    9. Customer understands that by submitting an account opening application, investment placement, insurance purchase, deposit to account, and other related actions, all User Content Customer entered in his/her KasamaKA Account, KasamaKA profile, and/or transaction details are sent to the Partner Institution he/she applied to in order to process the transaction.
    10. Customer accedes that the Company may seek the consent of its Partner Institutions to use the User Content collected by the Partner Institutions to improve KasamaKA’s current line of services, features, and functionalities.
    11. Customer understands that any Partner Content displayed in KasamaKA or its Services is provided by the KasamaKA Partner Institutions and not by Company. Any information regarding a Customer’s account details and account status, whether approved, rejected, current, or in progress, are all provided by the respective partner/s the Customer applied to, and Company will not be liable or responsible for any false, inaccurate or incorrect Partner Content displayed in KasamaKA. Moreover, Customer understands that KasamaKA does not warrant or guarantee approval of applications, earnings from investments, or insure the amounts invested in or deposited to any of its Partner Institutions.
    12. Customer understands and agrees that by using KasamaKA’s Services, the Customer may receive service updates and/or messages, including SMS, e-mail, push notifications, and/or any data message transmission (the “Notifications”), informing him/her of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services of KasamaKA.  Customer agrees to abide and be bound by the instructions and/or procedures of Company for such enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services of KasamaKA. Customer shall have no claim, recourse or remedy against Company for any loss, damage and expense incurred arising from non-compliance with such instructions and/or procedures.
    13. Customer shall hold Company free and harmless from any loss or damage which he/she may incur or suffer directly or indirectly out of or in connection with the Notifications, due to any reason whatsoever including but not limited to breakdown or malfunction of the computer or device, its terminal connection lines, data processing system or transmission line. The Company shall in no way be liable to Customer for any action/s it takes in reliance to Notifications purporting to be from KasamaKA, but does not in fact emanate from KasamaKA or any official KasamaKA application or SMS alert number.
    14. The Company makes no warranty that the functionality of the platform will be uninterrupted or error free, that defects will be corrected or that the platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

 

  1. KASAMAKA PARTNER INSTITUTIONS.
  • The Company in order to fulfill its services to the Customer will partner with the following institutions:
    1. Microinsurance
      1. Pioneer Life Incorporated
      2. Card Pioneer
  • The Company will update these Terms & Conditions as its list of partners expands.

 

  1. CUSTOMER SUPPORT.

In case of inquiries or complaints, you may consult the FAQ available in the website or App, and, if the you cannot find an appropriate answer, you will be able to complete a form, which will be sent to FINTQ.

 

  1. NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and app and any updates thereto. FINTQ does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

 

  1. TERMINATION.

These Terms will be effective until terminated as provided herein.

Subject to your right to immediately seek the correction of false, inaccurate, not current, or incomplete personal information under the Data Privacy Act of 2012, FINTQ may suspend or terminate the use of the Services and access your account at any time, with or without cause, and without notice, including without limitation, in the event that (a) your contact information is not up-to-date and you do not respond to communications directed to you; (b) the information you have provided to register for the Services is false, inaccurate, not current, or incomplete and you fail to correct or update the information within fifteen (15) days from FINTQ’s notice; (c) you are engaged in illegal activity; or (d) you have breached any of these Terms. You may terminate these Terms with respect to the Services for any reason or no reason at all, at your convenience, by ceasing all use of the service with respect to which you wish to terminate these Terms.

On termination of these Terms for any reason, the rights and licenses granted to you with respect to the Services you wish to terminate will immediately terminate. Upon the termination of these Terms, you shall immediately cease all use of the Services, including KasamaKA. However, the terms, conditions, and warranties contained in these Terms that by their nature and context are intended to survive the termination of these Terms shall survive, including feedback, ownership and rights, privacy, your representations, indemnification, disclaimer of warranties, limitation of liability, termination, data privacy notice, and miscellaneous. FINTQ shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Services.

 

  1. RESERVED AND PROPRIETARY RIGHTS.

RESERVED RIGHTS

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to deny access to and / or discontinue the Services or any component thereof to anyone at anytime, temporarily or permanently, without prior notice. You hereby irrevocably agree, affirm and warrant to hold FINTQ free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services.

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold FINTQ free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services.

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at anytime and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms and its subsequent revisions or amendments, as applicable.

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and FINTQ makes no warranty of any kind, express or implied, for such service updates and/or messages but you hereby agree to receive such service updates and/or messages and hold FINTQ free from any liability and/or claims for indemnification or damages that may arise therefrom.

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that FINTQ reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and without prior notice.

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment.

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms. Non-enforcement of any of the rights of FINTQ under these Terms, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by FINTQ, by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms. You likewise hereby declare, affirm and undertake the sole obligation to indemnify FINTQ or any third party for any damage FINTQ or said third party may sustain as a result of your use of the Services.

You understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that FINTQ reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold FINTQ free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof. 

 

PROPRIETARY RIGHTS

You understand, acknowledge and agree that FINTQ owns and retains all proprietary rights in the Services. You understand, acknowledge and agree that all content, material and information, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, design, structure, selection, coordination, expression, look and feel and arrangement of such content, material or information, except User Content and Partner Content, contained in or available through and from the Services is owned, controlled or licensed by or to FINTQ and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You further acknowledge that the Services may contain information which is designated confidential by FINTQ and that you shall not disclose such information without FINTQ’s prior written consent.

You understand, acknowledge and agree that the Services are provided to you “as is” for your personal use only. Except as expressly provided in these Terms, no part of the Services and no content, material or information therefrom may be copied, reproduced, adapted, modified, translated, encoded, republished, uploaded, posted, published, publicly performed, publicly displayed, distributed, or transmitted over public networks and in various media, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without FINTQ’s’ express prior written consent.

You understand, acknowledge and agree that unless you have agreed otherwise in writing with FINTQ, nothing in these Terms gives you a right to use any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of FINTQ You may use information on FINTQ, products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by FINTQ for downloading from or through the Services, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You understand, acknowledge and agree that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Services, including contests, promotions or other similar features, all of which terms are made part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. In case of conflict between these Terms and the terms posted for or applicable to a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services. The obligations of FINTQ, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided and nothing in these Terms should be construed to alter such agreements. 

 

  1. INAPPROPRIATE MATERIALS AND SUBMISSIONS.

You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject you and your agents to civil and criminal penalties. FINTQ will reject any submissions or postings in which FINTQ believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms, FINTQ reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from KasamaKA. You further understand and agree that sending unsolicited e-mail advertisements to KasamaKa or any user of KasamaKa or through voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from KasamaKA. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

  1. THIRD-PARTY LINKS.

From time to time, KasamaKA may contain links to websites that are not owned, operated or controlled by FINTQ. All such links are provided solely as a convenience to you. If you use these links, you will leave KasamaKA. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from that website or any donations made through that website. We do not endorse, guarantee or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.

 

  1. DISCLAIMERS; LIMITATION OF LIABILITY; DISPUTE RESOLUTION.

DISCLAIMERS

The Services are provided “as is” and “as available”. FINTQ disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied, warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, FINTQ makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Services remains solely with you, to the maximum extent permitted under applicable law. It is your sole responsibility to determine whether the Services are suitable and adequate for your needs.

FINTQ does not warrant that the Services will work on your hardware, with your operating systems, or with any other software installed on your computers or mobile devices. Information obtained by you from FINTQ will not create any warranties. You agree that any information, material, and data downloaded or obtained from the user of the service and system are of your account and risk and that you will be solely responsible for any damage to your mobile device or loss of data that results from the download of information, material and / or data.

You are responsible for any fees and penalties charged by your internet services provider, telecommunications provider or any other third party in connection with your use of the Services, including KasamaKA. If your mobile phone is off, out of range, or subject to a variety of other conditions, you may not be able to update your Settings or receive Notifications, or these services may be delayed. Cellular and other wireless transmission services and networks are inherently insecure and subject to service disruptions, weak or dropped signals, and other failures over which FINTQ has no control. FINTQ assumes no responsibility or liability for any delays or failure to receive alerts or other mobile-based information or any security breaches related to any of the foregoing.

 

LIMITATION OF LIABILITY 

Regardless of whether any remedy in these Terms fails of its essential purpose or otherwise, FINTQ is not and shall not be liable to you for any direct, indirect, special, punitive, exemplary, consequential, or any other damages whatsoever, including, but not limited to, any personal injury, property damage, loss of use, loss of business, economic loss, loss of data, or loss of profits, without regard to the form of action (including, but not limited to, contract, negligence, or other tortious actions) arising out of or in connection with (a) these Terms; (b) the Services, including the KasamaKA; (c) any interruption in service related to the Services; (d) your use of or reliance on the Services or your inability to access or use the Services; (e) your use of your mobile device, including any lack of attention to your surroundings resulting from such use; or (f) the unauthorized access by any party to the services and systems, even if FINTQ has been advised of the possibility of those damages. You waive any and all claims, now known or later discovered, that you may have against FINTQ arising out of your use of the Services, including KasamaKA, your mobile device or these Terms. Without limitation of the foregoing, FINTQ is not responsible for any mobile carrier fees or penalties that you incur as a result of your use of the Services, including the App.

You acknowledge and agree that from time to time, KasamaKA and the Services may be delayed, interrupted or disrupted for any indeterminate amount of time due to circumstances beyond FINTQ’s reasonable control, including but not limited to any interruption, disruption or failure in the provision of the Services, whether caused by strikes, power failures, equipment malfunctions, internet disruption or other reasons. In no event shall FINTQ or its affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any claim arising from or related to the Services that is caused by or arises out of any such delay, interruption, disruption or similar failure. In no event shall FINTQ or its affiliates or licensors or contractors or the employees or contractor of any of these, be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, or loss of goodwill or lost profits (even if advised of the possibility thereof) arising in anyway out of the installation, use, or maintenance of KasamaKA or the Services, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall FINTQ or its affiliates or licensors or contractors or the employees or contractors of any of these, be liable for any claim, arising from or related to KasamaKA or the Services, that you do not state in writing in a complaint filed in a court proceeding within six (6) months of the date of the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

FINTQ’s aggregate liability, and the aggregate liability of its affiliates and licensors and contractors and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to these Terms shall be limited to direct out of pocket damages up to a maximum of One Thousand Pesos (P1,000.00) or the amount of damages actually suffered by the User, whichever is lower.

 

DISPUTE RESOLUTION

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be governed by the laws of the Republic of the Philippines without regard to conflict of laws provisions. You agree to the personal jurisdiction by and venue in the appropriate courts of Makati City, Philippines, to the exclusion of other courts, and waive as you hereby waive any objection to such jurisdiction or venue. In case of any dispute arising out of these Terms or your use of the Services, you hereby agree, undertake and commit to resolve or attempt to resolve such dispute promptly and in good faith. In case of failure to resolve any such dispute, you further agree, undertake and commit to submit to voluntary mediation in Makati City, Philippines, before the issue may be brought to court of proper jurisdiction as stipulated herein.

 

  1. DATA PRIVACY NOTICE.

As a condition for use of the Service, you permit FINTQ and its subsidiaries, affiliates, and authorized subcontractors to process and/or disclose personal data, including data that may be classified as personal information and/or sensitive personal information under the Data Privacy Act of 2012, to authorized agents, subsidiaries, affiliates, partners, and other authorized third parties, in order to undertake activities that may include, among others:

  1. Conducting analysis for purposes of research and marketing initiatives, including the creation of your personal profile based on your interests, preferences, mobility patterns from physical locations that you may visit, and other information that may be relevant for marketing and market research purposes;
  2. Managing your account, providing customer care activities, monitoring the quality and security of the network, training our staff, and providing the Services to you in a timely and efficient manner and ensuring your fair and lawful use of the Services provided by FINTQ;
  3. Generating statistical insights based on your usage and other information to assist the Government in planning for healthcare, disaster, and other similar initiatives;
  4. Credit scoring programs and initiatives, including but not limited to providing information to the Credit Information Corporation in furtherance of the objectives of Republic Act No. 9501, otherwise known as the Credit Information System Act;
  5. Sending commercial and promotional advertisements, loyalty and rewards offers, surveys, customer-care, and after sales communications, and other broadcast push messages;
  6. Sharing your personal data with FINTQ’s business partners, authorized third-party content providers or other authorized third-party services; and
  7. Such other processing or disclosure that may be required under law or regulations.

Your personal data will be maintained in our records throughout your availment of the service, and for a maximum period of five (5) years thereafter unless another period is provided by relevant laws. Afterwards, your personal data will be securely disposed of or discarded to prevent further processing, unauthorized access, or disclosure. You are afforded certain rights in relation to your personal data under the Data Privacy Act of 2012, including the right to object to processing, the right to access your data, the right to rectification of inaccurate data, the right to erasure or blocking of data, and the right to lodge a complaint before the National Privacy Commission.

 

  1. NON-WAIVER.

Failure, omission, or delay on the part of FINTQ to exercise its right or remedies under these shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to the Customer.

 

  1. SEPARABILITY CLAUSE.

Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

 

  1. AMENDMENTS

These Terms may be amended, modified, added, and deleted by FINTQ from time to time. In such an event, the newer version of the Terms shall supersede the old, and all rights and obligations including the attendant covenants previously undertaken by the Customer, in so far as they are not in conflict with the more recent version of the Terms, shall be deemed to have carried over to the newer version. In case of changes or any amendment to the information supplied or declared to you in relation to the processing of your personal data, you will be notified and, if we are required by law, we will also obtain your consent.