Terms and Conditions & Privacy Notice


Terms and Conditions of Use Last updated: May 2024 The following terms and conditions govern the use of COL Financial Group, Inc.'s website/s ("COL Website") and/or COL's mobile application/s ("COL Mobile App"). The COL Website and COL Mobile App shall collectively be referred to as the "COL Media." 1) GENERAL. By using the COL Media, you (the "User") agree to be bound by these terms and conditions. If the User does not agree to any of the terms and conditions, access to the COL Media is disallowed. 2) INTELLECTUAL PROPERTY RIGHTS. Everything in the COL Media, including all real time or other information and content as well as any software programs available on or through the COL Media ("Content"), are protected by intellectual property rights laws. With the exception of information obtained from COL's third-party providers, all right, title, and interest in and to the COL Media and its Content are owned, licensed, or controlled by COL. COL reserves the right to amend or withdraw any of the COL Media. 3) OWNERSHIP AND USE OF COL MEDIA. COL grants access to the COL Media to the User exclusively for their personal, non-commercial, and lawful use. The User agrees not to transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display or distribute, sell, license, rent, lease or otherwise transfer any Content to any third person (including, without limitation, others in User's company or organization) whether for direct commercial or monetary gain or otherwise without the prior written permission of COL. Requests for such permission must be in writing and should be sent to: 2703C East Tower, Tektite Towers, Exchange Road, Ortigas Center, Pasig City 1605, Philippines. The User likewise agrees not to use COL Media: (i) in any way that impacts user access to COL Media; (ii) in a manner contrary to applicable laws and regulations, or in any way that may cause harm to the COL Media, or to any person; (iii) for data mining, data harvesting, data extracting or any other similar activity; and (iv) to engage in any advertising or marketing. 4) ACCESS. COL reserves the right, at its discretion, and at any time, to restrict and/or allow the User access to the COL Media or parts thereof. 5)USER CONTENT. In case the applicable COL Media allows for the User to post their audio, video, text, images, or other material (User Content), the User, by posting the User Content, grants COL a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute the same in any and all media. The User likewise represents that the User Content is their own, that they have the right to post the same, and that the posting of the User Content will not infringe or constitute a violation of any law or applicable regulation including copyrights, trademark rights, among others. The User agrees to protect, defend, indemnify, and hold COL, its affiliates, officers, directors, employees, and agents harmless from and against all losses, claims, damages, or expenses of every kind and character, resulting from or in relation to the User Content. COL reserves the right to remove any User Content from the COL Media at any time without notice. 6) LIMITATION OF LIABILITY. While the Content has been obtained from sources believed to be reliable, they are provided on an "AS IS" and "AS AVAILABLE" basis. COL, its subsidiaries, affiliates, officers, directors, employees, and agents do not make any representations and disclaim all express, implied and statutory warranties of any kind, including, but not limited to, those regarding accuracy, timeliness, completeness, correctness, timeliness, non-infringement, merchantability, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. Further, the User acknowledges that due to the number of sources from where the Content is obtained from, and the inherent hazards of electronic distribution, there may be omissions or inaccuracies in the Content. The User agrees not to hold COL liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the COL Media or Third Party Media (as hereinafter defined) or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if COL, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Any claims arising in connection with the use of COL Media must be brought within one (1) year from the date the event giving rise to such action occurred, exclusively with the appropriate courts of Pasig City, Philippines. 7) LINKS. The COL Media may contain links to other websites or applications controlled or offered by third-party providers ("Third-Party Media"). COL disclaims liability for any information, material, product, or service posted or offered at said Third-Party Media. The link to said Third-Party Media does not mean an endorsement or recommendation from COL for any products or services offered or information contained in said Third-Party Media. Neither shall COL be liable for any failure of the products or services offered or advertised at the Third-Party Media. The User is aware that the use of Third-Party Media may be governed by different terms and conditions and that said Third-Party Media may provide less security than the COL Media. 8) CHANGES TO TERMS AND CONDITIONS. COL may modify these terms and conditions at any time without prior notice. The continued use of the COL Media following publication of the amended terms and conditions will constitute the User's acceptance of the amendment. 9) VIOLATION OF TERMS AND CONDITIONS OF USE. COL reserves the right to seek all remedies available at law and equity for violations of these terms and conditions, including the right to block access from a particular Internet address to the COL Media. Data Privacy Notice COL Financial Group, Inc. upholds, respects, and values the data privacy rights of its clients and promotes the protection of personal data. In accordance with the Data Privacy Act of 2012, its implementing rules and regulations, and other relevant policies including issuances of the National Privacy Commission and the Securities and Exchange Commission, all personal data collected shall be processed in adherence to the general principles of transparency, legitimate purpose, and proportionality. This privacy notice describes how and when we collect, use, and share your information and covers existing and prospective clients, as well as former clients who have closed their accounts. Collection and use of personal information Unless otherwise allowed by law, we seek your consent whenever we collect your personal data. We may collect your personal data in the course of or incidental to providing our services to you. 1) When you open an account, we collect data and other personal information indicated in our customer account information form such as your full name, sex, birthday, countries of birth and residence, citizenship, government identification information, contact information (including home and office address, email address, and telephone numbers), employment information, financial and investment profile, and signature. We also ask for your photograph and/or video recording as part of our account verification procedures. 2) When you use our website/s and/or mobile application/s, we may collect information such as your account number, website log-in information, contact information, log data (including your IP address, browser type, operating system, device information or cookie information), and transaction information, including other information needed to process your transactions. 3) When you communicate with us and/or our representatives, whether face-to-face or through our digital channels, we collect the information you give us to process your requests or concerns. We may also collect COL-related information that you post in your social media accounts, such as your experience in using the platform, as well as your interactions with posts published in COL's official social media accounts. In general, we collect the data you voluntarily provide to us for any legitimate purpose declared at collection and information about you that we receive from other sources where the disclosure was subject of a consent that you gave separately, a legal requirement, or any legitimate purpose. We also collect information that will allow us to comply with our obligations under various laws and regulations, including among others, the Securities Regulation Code and the Anti-Money Laundering Act. We use your personal information for the following purposes: 1) To process and communicate with you regarding the opening and maintenance of your account; 2) To process and document your buy, sell, and other transactions and comply with our contractual and legal obligations; 3) To facilitate, monitor, and improve the quality of our service and other products, services, and facilities; 4) To disseminate important information on your shareholdings, fund holdings, and market information; 5) To inform you of new investment products and services; and 6) To comply with legal and regulatory requirements. We share and disclose your personal information to the following parties for the purposes below: 1) With our employees, authorized representatives, consultants, subsidiaries, affiliates, agents, and service providers - to process, document, and execute your transactions, communicate with you, and to improve the delivery of our services; 2) With listed companies, fund providers, and their representatives and agents - to comply with reporting requirements under the law or to establish your entitlement to rights reserved only for stockholders or unitholders; and 3)With regulatory agencies - to comply with reporting requirements provided by law and regulations. Your rights You have the right to expect that your financial transactions and relevant personal information disclosed in the course of a transaction are kept confidential and secure. You have the right to ask for a copy of any personal information we hold about you and ask for correction of wrong personal information. You also have the right to object to any processing of your personal information that is not allowed by law or authorized by contract, the right to request for deletion or blocking, the right to file a complaint, and the right to data portability. To the extent allowed by law, you also have the right to refuse sharing of your data to third parties and to the removal of your data should you no longer wish to use our services. Contact Information For more information on our privacy notice or related concerns, you may reach us at helpdesk@colfinancial.com. Our Data Protection Officer may be reached at dpo@colfinancial.com.