Terms and Conditions & Privacy Notice
Terms and Conditions & Privacy Notice Terms and Conditions Last updated: July 2019 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 his personal, non-commercial, and lawful use. 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, Philippine Stock Exchange Center, Exchange Road, Ortigas Center, Pasig City 1605, Philippines. 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 User access to the COL Media or parts thereof. 5. USER CONTENT. In case the applicable COL Media allows for the User to post his 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 his own, he has the right to post the same, and 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 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, 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. Lastly, 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. User is aware that the use of Third Party Media may be governed by differed 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 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. Privacy Notice Last updated: 17 April 2020 This privacy notice describes how and when COL Financial Group, Inc. collects, uses, and shares your information when you use the COL Advantage website ("COL Advantage"). This privacy notice pertains to this website and is not related to any other websites, services, applications, or online resources which COL Advantage may link, utilize, or otherwise make reference to. By using COL Advantage, you agree that COL may collect and process the information below for the purposes stated and retain the same for as long as the purpose for the collection remains in effect. Collection and use of personal information We may collect the following information when you use COL Advantage: 1. E-mail address 2. Website log-in information 3. Log data (your IP address, date, time, device information, or cookie information) 4. Usage data (your clicks and/or interactions with research materials and other tools in COL Advantage, your search information including the time and date of your search, and the securities or publications you follow) We use your personal information for the following purposes: 1. To communicate with you regarding COL Advantage and other COL products, services, and/or events; 2. To inform you of new investment products, events, and/or services of COL; 3. To improve the quality of COL’s products, services, website/s, tools, and facilities; and 4. To comply with legal and regulatory requirements. We share and disclose your personal information to third parties for the following purposes: 1. With our subsidiaries, affiliates, and agents, to deliver and improve the quality of our services; 2. With our e-mail service provider Mailgun Technologies, Inc. solely to facilitate our communications with you; 3. With regulatory agencies in order to comply with reporting requirements provided by law. Your rights to your personal information 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. Contact Information For more information on our privacy notice and/or for any privacy related concerns, you may reach our Data Protection Officer at firstname.lastname@example.org.