This Privacy and Authorization Agreement (“Agreement”) is made and signed electronically between :
1. Philippine Microdot Financing Corp., a company established under Philippines Law pursuant hereinafter referred to as “First Party”.Company Address: 5th Floor Rockwell Business Centrt Tower 1,Meralco Aveneue,Ugong,CITY OF PASIG,NCR,SECOND DISTRICT,Philippines;SEC-company registration NO.CS201907350;SEC-certificate of authority NO.1214；
2. You, in this matter act for and on behalf of itself, hereinafter referred to as “Second Party”. In this Agreement, the First Party and Second Party, collectively referred to as the “Parties” and individually referred to as “Party”.
1.Information We Collect.
To our beloved customer , to avoid fraud. When you sign up for Sugar Peso account, in addition to your login username and password, we will also ask for your name, email address, interest, birthday, gender and personal page.Need your authorization to agree to provided phone book, camera, internet, location, list of your applications and any other information.
We also need to collect your contact information. We will request the "Read Contacts" permission. If you agree to the authorization, we will scan and upload the contact list information using the most secure data transfer protocol (HTTPS). We will store your personal information through DES and AES encryption. Storage time will not exceed your usage time.
The data is used only for the credit review process and will not be shared with third-party organizations without your permission. We are committed to encrypting the data and ensuring the security of the information. You click on the check the box below to indicate that you are fully aware of and agree to the application. Please feel free to use. If you do not agree to the authorization, the application will stop working and will not be able to serve you. Thank you for your understanding and cooperation.
If you do not have a successful loan, the information you leave will not be leaked, and the information you provide will only be used for loan review purposes, and the information will never be used for other purposes.If you do not repay during the repayment period, we have the right to access and use the your personal contact information, including FB, Instagram, Google+, etc. For more information, please refer to Article 3.
2. Sugar Peso will Collect and Use of Information
These clauses explain how we will use and share your information. By using the Services, you agree that we and members of Sugar Peso shall use Customer Information in accordance with such clauses.
Sugar Peso will collect your personally identifiable information when you register a Sugar Peso account, use other Sugar Peso products or services, access Sugar Peso webpages, or participate in promotional or prize winning games. Sugar Peso also collects personally identifiable information from our business partners. When you register a Sugar Peso account, we will ask for your name, email address, interests, birthday, gender and personal webpage, in addition to a personal profile. Once you are successfully registered with Sugar Peso, we will be able to identify you when you log in to the server.
3. Disclosure and Sharing of Information
When you submit the information, it shall be deemed as your consent to Sugar Peso’s regarding the collection, storage, use and disclosure of your personal
information by Sugar Peso. Sugar Peso will never display, rent or sell your personally identifiable information to others.
The following circumstances are excluded:
When your desired products and services can only be provided if your personal information is disclosed;
When we are required to provide information to the companies that provide products or services on our behalf; (unless we notify you otherwise, these companies
do not have the right to use your personally identifiable information); When we are required to comply with a court summons, court order or to comply with a legal process;
Sugar Peso is not responsible for any collection, disclosure and/or use of your personal information provided by you to any third party's website which may
be linked to or from our website.
4. Security Safeguards
Your Sugar Peso account is password protected to ensure the security of your privacy and information.
Your acceptance of this Agreement is deemed to occur when signing up for an account. If you do not accept and agree with this Agreement,
you must stop using any of our services immediately.
1. The First Party is a company providing financial technologies for a lending service;
2. The Second Party is an individual or a legal entity having legal capacity to represent itself under the prevailing laws and regulation in Philippines;
3. The Second Party intends use the services of First Party;
4. The First Party has an obligation to verify the identity of the borrowers; and5. The Second Party is willing to provide personal information to be used by First Party.
Now, therefore, the Parties agreed to be bound by the terms and conditions set forth in the following Articles:
The terms below, used in this Agreement have the following meanings :
“Affiliate” means any corporation or legal entity which (a) controls a Party directly or indirectly or (b) is controlled directly or indirectly by a Party or (c) is controlled directly or indirectly by a corporation or legal entity that directly or indirectly controls a Party. “Control” in this Article means direct on indirect ownership of majority share or voting rights in a corporation, partnership or legal entity.
“Sugar Peso” means the assigning of a unique identification method for the Second Party upon using First Party Service.
“Private Data” means, including but not limited to, (i) name, (ii) identification/identity, (iii) addresses, (iv) telephone numbers and e-mail address (v) biometric information, (vi) and other information required by the First Party to verify the identification of the borrowers.
“Second Party Operation Information” means, including but not limited to, computer IP address, hardware model, operating system used by Second Party, Second Party location when accessing First Party Electronic System Service, and other information related to First Party services.
“Force Majeure” means a condition or an incident which is beyond and not caused by negligence of a Party, and cannot be foreseen before the Parties sign the Agreement, and which directly affects the execution of the Agreement. Such condition or incident include, but not limited to, fire, flood, earthquake, typhoon, volcanic eruption, epidemics, labor strike, war or acts of violence or the like either expressly stated or otherwise, Government’s action to amend/revoke/issue any laws and regulation related to the First Party’s business. Force Majeure excludes the lack or absence of Second Party’s fund, or revocation of business license.
“First Party Service” includes, but not limited to the assessment of credit ratings and other services provided by the First Party accessible through the First Party Electronic System.
“Third Party” means any party other than the First Party or the Second Party.
SCOPE OF AGREEMENT
2.1. Second Party agrees to provide Second Party Private Data and to allow the First Party to collect, to use, and to store Second Party Private Data for the purpose of verifying the potential borrower;
2.2. First Party agrees to accept and shall collect, use, store and keep in confidence the Second Party Private Data for purpose of verifying the identity of the Second Party as potential borrower.
2.3. Second Party is prohibited to disseminate or share any information obtained by means of use of the First Party service, whether information concerning the First Party as well as regarding the Second Party, to any third party without obtaining prior written approval from the First Party.
PRIVATE DATA OF SECOND PARTY
3.1 SECOND PARTY PRIVATE DATA COLLECTION Second Party gives authority to First Party to collect and to use Second Party Private Data.
3.1.1 Second Party Private Data required to be provided to the First Party and be collected, used, stored by the First Party includes but not limited to:
a) Personal Identity;
b) Second Party’s bank account or other payment account;
c) Place of registration at Sugar Peso’s account on First Party Electronic System;
d) Social media information;
e) Information from phone book address containing in cellular phone, social media accounts and e-mail;
f) Transaction information through Sugar Peso Account;
g) Information from Third Party in relation to the First Party’s services;
h) Second Party’s Operational Information;
i) Information provided when the Second Party contacted the First Party’s customer service team and information provided when the Second Party participated in the survey and questionnaire;
j) e-mail address and social media accounts;
k) Information provided when the Second Party interacted with Affiliate and First Party’s business partners.
3.1.2 Collection of Second Party Private Data by First Party will be conducted by accessing, including but not limited to:
a) Second Party’s Sugar Peso account;
b) Second Party’s social media accounts (Facebook, Twitter, LinkedIn, and other accounts);
c) Second Party’s cellular phone number; and Verifying the beneficial ownership of bank account to be used for First Party services.
3.2 THE USE OF SECOND PARTY PRIVATE DATA
3.2.1 Second Party gives authority to First Party to use Second Party Private Data for the purpose of:
a) Complying with all applicable laws and regulations;
b) Arranging lending services;
c) Updating the First Party’s service for the Second Party
d) Notifying the Second Party regarding the First Party Service status or receiving information regarding the First Party Services, and notifying the Second Party of the status of marketing and other commercial electronic information;
e) Preventing illegal acts;Other purposes as permitted by the Second Party.
3.2.2. Subject to the above provisions, First Party may cooperate and exchange Second Party Private Data for the purpose of mitigating risk with:
a) Payment Gateway Partner and Payment Channel Partner;
b) Information technology based support service provider;
c) First Party’s Affiliate; and
d) First Party’s employee, officers, directors and Affiliates.
3.3 CHANGE OF SECOND PARTY PRIVATE DATA
Second Party may change Second Party Private Data in accordance with the procedure specified by First Party and must promptly inform the First Party.
PROTECTION OF SECOND PARTY PRIVATE DATA
First Party shall endeavour to keep in confidence of any Second Party Private Data, either directly submitted by the Second Party upon the registration of a Sugar Peso account, or collected by the First Party under the terms of this Agreement either through hardware or software which is reasonably certified physically electronically and administratively.
4.1 Upon expiration of the storage period as set forth in Article 6.2 of this Agreement, Second Party may request First Party to destroy Second Party’s Private Data on the First Party’s Electronic System.
5.1. This Agreement shall be effective on the registration date of Sugar Peso Account under the name of Second Party at the First Party Electronic System.
5.2. First Party has the right to store Second Party Private Data on the First Party’s Electronic System for at least 5 (five) years as of the closing of Second Party’s Sugar Peso Account under this Agreement. This provision shall survive termination or expiration of this Agreement.
REPRESENTATIONS AND WARRANTIES
6.1 Second Party represents and warrants that:
a) Second Party is the owner of their Private Data and has the right to disclose Second Party Private Data to First Party;
b) Second Party is the only party entitled to use Second Party’s Sugar Peso Account;
c) Second Party shall keep in confidence Second Party’s Sugar Peso Account password;
d) Second Party shall be solely responsible for any actions and statements made by using Sugar Peso Account and for the use of Second Party’s Sugar Peso Account password;
e) Second Party shall provide accurate, true, valid, recent and complete Private Data in accordance with the registration requirements of Sugar Peso Account;
f) Second Party complies with all instructions, terms and conditions applicable when submitting application through of the First Party Electronic System;
g) Second Party shall not file a change of name request for any purpose that is unlawful or prohibited by this Agreement. Second Party may not use our Services in any way that could disable, disrupt or cause damage to another website; and
h) Second Party shall not acquire or attempt to acquire information other than those provided on the First Party Electronic System related to the First Party Service that is against the law or this Agreement.
i) The Second Party personally agrees that the First Party's reviewers and collectors will contact the contacts in your phone book,include contact details of your family, colleagues or friends that you provided, text message or social media.Please make sure you have already told them that they will received a call from us asking for your loan information.
6.2 REPRESENTATIONS AND WARRANTIES OF FIRST PARTY
a) Subject to the applicable laws regulations, First Party shall keep in confidence of the Second Party’s Private Data on the First Party’s Electronic System;
b) First Party shall use the Second Party’s Private Data for the purpose of the First Party’s loan application and service update for the Second Party.
c) When the First Party communicating with the relevant customer contact provided by the Second Party, if the contact is explicitly rejected and told to stop contacting, the First Party will not call the contact or by other means.
Second Party shall defend, indemnify and hold harmless the First Party from and against any claims, losses, liabilities, demand, suits and verdict (including legal fee) arising from:
a) Third Party’s losses;
b) The misuse of Private Data by other party other than First Party;
c) The use of Sugar Peso account by the Second Party;
d) The use of loan fund by Second Party;
e) SDisclosure of password to Third Party which is not done by First Party;
f) Link to any website other than the First Party Electronic System;
g) Trouble on the banking system used and chosen by the Second Party;
h) SNetwork operation troubles related to bank connections or any Force Majeure event;
i) Use or failure of Second Party in using the First Party Service;
j) Cost and losses due to purchase or acquisition of good, sample, data, information or legitimate transactions from Second Party through First Party Service;
k) Misinterpretation by Second Party to First Party on its Services;
l) Other losses incurred from the First Party Service unattributable to the First Party;
m) Any damage caused by hackers, computer viruses or intrusions, technical adjustments in telecommunications sector, temporary closure due to government regulations, and any other real names unattributable to misinformation that has been authenticated by First Party is leaking, lost, stolen or damage;
n) Any risk arising from currency devaluation;
o) Unfulfillment due to factors such as validity, accuracy, exactness, reliability, quality, stability, completeness or punctuality of information and technology in the First Party Services.
AMENDMENT OF AGREEMENT
8.1 The Second Party agrees that the First Party, on the basis of the First Party’s own consideration, may amend or add the Terms from time to time. Amendments or additions to these Terms will apply after the First Party announces such amendments or additions to the Agreement through electronic media or other communications media chosen by the First Party. Changes to the Agreement will become effective immediately upon publication.
8.2 Second Party shall also be able to access the amendment of this Agreement through First Party Electronic System and First Party Service.
8.3 If the Second Party decides to continue using the First Party’s Service after the notification of the amended Agreement becomes effective, the Second Party shall be deemed to have fully read, understood and agreed with the entire contents of the Agreement including any amendments.
8.4 If the Second Party disagrees with the contents of the amended Agreement as referred to in Article 8.1, Second Party shall promptly notify such refusal to First Party and shall agree to cease using the First Party Service.
TERMINATION OF AGREEMENT
9.1 First Party may unilaterally terminate this Agreement earlier with a three (3) days prior notice if the Second Party is in breach of any of the terms and conditions of this Agreement;
9.2 In the event the First Party terminates this Agreement earlier as mentioned in Article 9.1, the First Party shall have the right to suspend or terminate the First Party Service to Second Party partly or wholly;
This Agreement shall be governed by and, on any matter, interpreted based on the laws of the Philippines.
The Customer (debtor)’s agreement was required if customer can’t settle the repayment during the loan duration, company has the right to access and use the customer's personal contacts information, including FB, Twitter, Instagram, Google+, etc.